TradeMark Express Blog: All Things Trademark: international classes

Showing posts with label international classes. Show all posts

Gonna Keep Going

Looking over the blog's stats I can tell that all the different international classification posts have been fairly popular. Given that, I'm going to keep on keeping on.

I wanted to give my readers a quick summary of the different classes I'll cover as well as any respective issues.

If you see something missing or you have a question (or five) about classes, please comment below & I'll be sure to post about it.

Left off at IC 25, clothing -- any other questions or issues not yet resolved for anyone?

Will write posts about:
IC 28
ICs 29, 30, 31
ICs 32, 33
- geographically deceptively misdescriptive marks (say that three times fast)

Then it'll be time to move on to Services and I'm thinking it'd be a good idea to write a post for each class, from IC 35 to IC 45. As I go along, I'll address any other side issues that seem to come up when talking about these classes. Of course, feel free to ask questions galore in the comments section.

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Trademark International Class: Class 25 (Clothing)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 25.

What is International Class 25 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 25's short title is clothing. But, as with anything trademark, there's more to it than that. The USPTO has 887 accepted descriptions that fit into IC 25; check them out here.

IC 25 is pretty straightforward in that clothing of virtually any type you can think of is going to be here. The exceptions are clothing that's of a protective nature (e.g. bulletproof vests, clothing worn by motorcyclists for protection against injury), which, oddly enough, is in IC 9

How do I File in IC 25?

Filing in IC 25 is a bit different from other goods classes in terms of the required specimen. When it comes to clothing, the best thing to send to the USPTO is either a tag or a label. This makes it clear that the name and/or logo is being used for a clothing line. Your specimen can be a tag that's attached to the garment, such as a hang tag, or it can be a tag that's sewn into the garment.

The USPTO will no longer accept a picture of, for instance, a t-shirt with the name appearing only on the front. Those days are over. The USPTO considers this ornamental as it's "conveying a message rather than indicating the source of the goods."

What Else is in International Class 25?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 25 is no exception. Here are a few items living in IC 25 that seem a bit off:

• gift packages sold as a unit consisting primarily of a sweatshirt and also including a photo frame, a coffee mug, and a tote bag
• race number belts that hold a paper number on the race participant's front or back during competition
• undergarment accessories, namely, removable silicone buttock enhancer pads

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Trademark International Class: Class 20 (Furniture and articles not otherwise classified)

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Trademark International Class: Class 18 (Leather goods)

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Trademark International Class: Class 16 (Paper goods and printed matter)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 16.

What is International Class 16 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 16's short title is paper goods and printed matter. But, as with anything trademark, there's more to it than that. The USPTO has 1515 accepted descriptions that fit into IC 16; check them out here.

Anything that's made of paper or is printed is in IC 16, which includes things like posters, journals, greeting cards, art prints, magazines, books, calendars and on and on.

What about Book Titles?

This is an area worth exploring a bit. Titles of a single creative work are not protected by trademark law; however, trademark registration may be possible if the title is used on a series of creative works. Let's delve into this a bit further.

Single creative works consist of materials where the content does not change, such as a book, a DVD, downloadable songs and a film. Single creative works do not include periodically issued publications, such as magazines, newsletters, brochures, comic books, comic strips or printed classroom materials, because the content of these works change with each issue.

When it comes to titles for a book series, the rationale is the same. While the title stays the same, the content changes. Take a look at the filing for Ring of Fates, part of The Final Fantasy catalog: "a series of books featuring fictional stories and/or fantasy stories."

What Else is in International Class 16?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 16 is no exception. Here are a few items living in IC 16 that seem to be a bit off kilter:

• cd shredders for home or office use
• globes
• cosmetic pencil sharpeners and removing paper
• money clips

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Trademark International Class: Class 14 (Jewelry)

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Trademark International Class: Class 9 (Electrical and Scientific Apparatus)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 9.

What is International Class 9 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 9's short title is electrical and scientific apparatus. But, as with anything trademark, there's more to it than that. The USPTO has 3107 accepted descriptions that fit into IC 9; check them out here.

This class encompasses nearly any tangible goods that are scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

PHEW! Let's break that down a bit. Here are some of the more often used descriptions for International Class 9:

Software of all kinds.
Video games, which also include the peripherals such as joysticks, players, interactive floor pads and interactive remote controls as well as what used to be considered a service – providing online video games.
CDs, DVDs, audiocassettes, records, whether blank or filled with content, as well as the devices used to play them.
Computer peripherals such as mice, keyboards, printers, and monitors as well as virtually any good related to the telephone, the television or the camera.

What Else is in International Class 9?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 9 is no exception. Here are a few items living in IC 9 that seem to be a weird fit:

• sun glasses, eye glasses and pince-nez
• protective clothing
• dog whistles
• helmets

What's New for International Class 9?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 9, good plus date added to the guide:

• Graduated rulers for office and stationery 25 Jun 09
• Hands free devices for mobile-phones 18 Jun 09
• Holders for magnetically encoded gift cards 02 Apr 09
• Life vests 26 Mar 09
• Articles of protective clothing for wear by motorcyclists for protection against accident or injury 5 Feb 09
• Digital music system that synchronizes digital music files stored on a home unit and a car unit 15 Jan 09

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Any Requests?

I've slowed down a bit in my blog posting lately because work is a bit busy. I fully intend to continue the International Classification train but I thought it'd be a good idea to devote a post for requests.

Are there any of the trademark classes you'd like to know more about? If so, please comment with any questions.

Thanks! I'll be back soon!

Trademark International Class:
Class 5 (Pharmaceuticals)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 5.

What is International Class 5 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 5's short title is pharmaceuticals. But, as with anything trademark, there's more to it than that. The USPTO has 955 accepted descriptions that fit into IC 5; check them out here.

This class contains within it all the normal items you think of when you hear the word pharmaceuticals – antibiotics, antivirals, aspirin (which used to be a trademark), decongestants, etc. But within this class there also exists other items that have to do with medicating or healing or disinfecting.

If something is anti, it likely resides within class 5 – antibiotic, antibacterial, anti-inflammatory, antifungal, antimicrobial, anticoagulant, antiseptic, antiviral, anti-itch. Vitamins, minerals and supplements are filed in this class as are pesticides, parasiticides, repellents. You're also going to find things like bandages, bath preparations for medical purposes, deodorizers, herb teas for medicinal purposes.

What Else is in International Class 5?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 5 is no exception. Here are a few items living in IC 5 that seem a bit weird:

• baby food
• skin care preparations, hair care preparations, lotions, etc. that are medicated
• gluten free food
• fly paper

What's New for International Class 5?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 5, good plus date added to the guide:

• Algaecides [chemicals for swimming pool maintenance] 04 Jun 09
• Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, meal replacement drinks for use as a food fillers 26 Mar 09
• Dental tablets for disclosing plaque and tartar on the teeth 05 Mar 09
• Disposable wipes impregnated with disinfecting chemicals or compounds therefor for use on {indicate items being disinfected, e.g., railings, countertops, toilet seats} 15 Jan 09
• Face creams and cleansers containing benzoyl peroxide for medical purposes, namely, the treatment of acne 19 Feb 09
• Medicated cosmetics 26 Mar 09

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Trademark International Class:
Class 3 (Cosmetics and cleaning preparations)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 3.

What is International Class 3 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 3's short title is cosmetics and cleaning preparations. But, as with anything trademark, there's more to it than that. The USPTO has 995 accepted descriptions that fit into IC 3; check them out here.

Cosmetics of almost all kinds are to be listed in class 3. Now this includes cosmetics in the truest sense of the word (e.g. mascara, lipstick, etc.) but also includes lotions, creams, shampoo & conditioner, perfumes, etc. Basically any non-medicated liquid, creams, powder, gel, etc. that you can apply to your body is going to be in class 3. The one exception to the non-medicated rule is, for some reason, soaps. Soaps whether they're medicated or not fall into class 3. Cosmetic items for your animal friends – pet shampoos, pet odor removers – are also in class 3.

Cleaning preparations include soaps, be they for your body or your dishes, waxes, polishes, detergents, varnishes, removers, etc.

What Else is in International Class 3?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 3 is no exception. Here's a few items living in IC 3 that seem a bit weird:

• sandpaper
• ambergris
• beauty beverages
• fake blood
• temporary tattoo sprays & stencils

How do I file a Trademark in International Class 3?

Let's assume you've had your comprehensive research conducted and are now at the application stage. The folks preparing your application should help you with compiling a list but here are some guidelines that should help expedite the whole thing.

1) Be specific. For instance, if you're selling a wax indicate what it's used for – the face, body, a car, furniture, etc. If you're selling a line of cosmetics, take the time to really think on your brand and detail all of the items.

2) Stay away from words like products, items, materials, goods, etc.

3) Don't be specific. Whoa, what? Yes, I know this is contradictory and really this is one of those trademark classes that have contradictions in it. One of the USPTO's approved descriptions for this class is "Cosmetic preparations," which is general as general can be, right? This is where your research & any advice from a trademark attorney is going to come into handy. It may be advisable to use such a generic term to allow freedom of movement within your filing. Again, this is all going to depend on two things – the results of your comprehensive research and what a trademark attorney recommends.

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Explanation of the Trademark International Classification System

Filing a name, logo or slogan is not all about the mark itself but also what you're doing with it, i.e. your goods and/or services. All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a chart here.

A Bit of History

On September 1, 1973 the USPTO adopted the international classification system as set forth by the Nice Agreement. Prior to that date, the USPTO used their classification system, which was long-winded to say the least.

For instance, let's say you wanted to file a name for clothing, shoes and hats – today you'd file it in 1 class, IC 25 but before 1973 2 classes were filed, 22 & 39. Another example – IC 16 (paper & printed materials) used to be divided across 8 classes, 2, 5, 22, 23, 29, 37, 38, 50. Suffice it to say, the IC system is far easier to wrap your mind around.

What are Goods?

As mentioned before, goods fall into classes 1-34 but what constitutes a good? The easiest way to think about it is to consider if what you're selling is tangible or not. Can you touch it, see it, hear it, wear it, smell it, so on and so forth?

Goods can include items like cosmetics, vitamins, jewelry, backpacks, clothing, cigars, food & beverage items, guitars, chemicals, paints, tools, machines, cars and on and on.

What are Services?

Services fall into classes 35-45 but what is a service? This one tends to be a bit trickier as some services deal with tangible items. One simple way to look at is to bear in mind if you're doing something for someone.

For instance, if you prepare taxes, are a real estate agent, teach something, run a restaurant or a hotel, are a doctor, lawyer, cosmetician then you're offering a service.

Can I be Selling Goods and Services?

Absolutely and these seems to almost always be the case for certain industries. Let me provide a few examples:

1) You have a name that you use for your hair salon as well as an eventual line of hair care products. To trademark the name, you'll want to file in IC 3 (cosmetics and cleaning preparations) as well as IC 44 (medical, beauty & agricultural).

2) You have a name for your retail clothing store where you sell all types of clothing from different designers. Since you are not selling your branded line of clothing, you'd need only to file in IC 35 (advertising & business).

3) You have a name for your line of baked goods, specifically cakes, candies and cookies that you distribute to coffee shops and kiosks. Since another party is selling your goods, you'd need only to file in IC 30 (staple foods).

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Trademarks:
International Classes Continued…

Let's pick up where we left off last week and continue looking further into the trademark international class system.

A wildly popular class number is easily international class 25, the clothing class. Almost any type of clothing you can think of falls into this classification, except protective clothing. International class 25 also contains shoes and hats.

The USPTO requires that when filing in the clothing class you be specific and boy, do they mean specific. Just saying clothing is not going to cut it. Each and every item must be listed.

What if you're selling t-shirts today but know you want to sell jackets, jeans, shoes, etc. later on?

If you're filing as an In Use application, be honest. List all the items you are currently selling because sending that application off means you signed (even an electronic signature counts!) a document stating that "all statements made of his/her own knowledge are true."

If you're in the situation where you know you'll have other items coming out, you may want to consider filing as an Intent-to-Use. Feel free to drop me a line should you have questions about these issues.

TradeMark Express Blog Schedule

Summary of all International Classifications
Trademark Information

Trademark:
International Classes

Trademark offices around the world use an international classification system to categorize various products and services. When filing a trademark, a class number is assigned according to the goods/services description portion of the application. Many countries base their trademark filing fee on the number of classes filed, the US being one of them.

Over the next couple of weeks, I'm going to take the time to explore a number of these classes a bit further in hopes of providing further insight.

Let's start with the newest kids on the block, International Class numbers 43, 44 and 45. It all starts out very Nice (a little trademark humor for you…*sigh* ;) yeah, yeah I know).

The Nice Classification is based on a multilateral treaty administered by WIPO. This treaty is called the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

And that's the longwinded way of saying that most trademark offices around the world have agreed upon one classification system for products and services.

In 2002 the 8th edition of the Nice Agreement came out, which consisted of a restructuring of International Class 42, the class formerly known as "services that cannot be classified elsewhere." It now goes by the moniker "Scientific and technological services and research" – more about that at a later date.

Another effect of this Agreement was the creation of the 3 aforementioned classes.

International Class 43 aka Food and drink services

This class, obviously, contains your restaurants, bars, coffee shops, etc. But it's also the classification for hotels, day care centers, "providing a database in the field of recipes and cooking information" and the like.

044 aka Medical and veterinary services

Health care & veterinary services but also hair styling, garden care, massage and nail salons

045 aka Personal and Social services

Adoption services, foster care, guardianship, etc. are in this class. But there are also services such as house sitting, hotel concierge services (note how it's not in the same class as hotel services), pet sitting and real estate settlement services.

Just this past January a 9th edition of the Nice Agreement was put into force – no new classes but a shifting around of certain products & services happened. To read further, click here.

TradeMark Express Blog Schedule

Summary of all International Classifications
Trademark Information

Trademark 101: What is a Trademark?