How to Navigate Class Selection in a Trademark Application
Registering a trademark can be a difficult and stressful process. Why? Because one of the key aspects of the trademark application process is selecting the correct “class” for your trademark. There are 45 classes in total, and it is up to you, the applicant, to select the right one.
The class selection process may be intimidating, as each class relates to a specific type of good or service. However, there are often ambiguities and misinterpretations of what good or service should fall into which class. This is where the counsel and guidance of an experienced trademark lawyer can prove to be invaluable.
For example, your product might fall under one of the most common trademark classes, class 42 (also known as the “Science and Technology Services” class).
This class is geared towards services handled by trained professionals such as chemists, engineers, computer programmers, physicists, etc. for services that deal with scientific and technical services such as:
- Software design services,
- Technical research,
- Computer programming,
- Chemistry services,
- Architectural services,
- Biological research,
- Chemistry research
- Cloud computing and seeding services,
- Computer technology consulting,
- Construction drafting,
- Medical research,
- Electronic data storage, and
- Environmental protection research.
For example, a class 42 trademark might be pursued for cosmetic research, biological research, and even computer data recovery.
Classes That Commonly Coordinated with Class 42
Class 42 includes an array of services in technical and scientific fields. However, there are situations in which class 42 does not cover all areas of technical services such as medical services or the installation of computer software. In such circumstances, it is essential that you invest the time, or seek the counsel of an experienced trademark attorney, to identify other classes that cover your service. It is important to understand the different components of what you are looking to register as a trademark. It is possible that your product or service requires filing in multiple classes to cover the different components of what you are looking to protect with a trademark. Some classes commonly related with Class 42 include:
- Class 9: Electrical and Scientific Apparatus,
- Class 36: Insurance and Finance Services,
- Class 37: Construction and Repair Services,
- Class 38: Telecommunications Services,
- Class 39: Shipping and Travel Services,
- Class 40: Material Treatment Services,
- Class 41: Education and Entertainment Services,
- Class 43: Food Services,
- Class 44: Medical and Vet Services, and
- Class 45: Legal and Security Services.
Registering a Class 42 Trademark
The first step in registering a Class 42 trademark is to conduct a trademark search for existing marks within that class and the related classes. Once this search is complete, the next step is to prepare and file your trademark application with the United States Patent and Trademark Office. A trademark examiner will then review your application, and if all requirements are met, a registration may be issued. The last step of the trademark process is to maintain your trademark status. If these steps seem intimidating or overwhelming, it is strongly recommended you contact an experienced trademark attorney to help guide you through the process.
Have Questions? Contact the Reputable Omni Legal Group Today
As you can see, properly assessing and choosing the class your service falls under can be difficult and is rife with potential pitfalls. Nevertheless, if you have the counsel of an experienced trademark attorney in Los Angeles, such as the expert professionals at Omni Legal Group, you can rest assured that everything will be handled accordingly. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. Our legal team of highly experienced patent & trademark attorneys, specialize in protecting your intellectual property securing your patents, trademarks, and copyrights. Whether it’s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group will see it through. For further information or to schedule an appointment please call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.