Trade mark classification

When registering a trade mark, you need to be clear of all the elements you need to consider before you can submit your application.

One of these areas, a very important one, is the classification of your trade mark.

Each trade mark needs to be attached to at least one class of goods or services to indicate in what area or industry it will be used.

As it would be unfair to allow a mark to be registered for all goods or services, each trade mark must give an indication as to the area it is used in to establish a good level of protection.

By allowing a mark to be registered in too many classes, a monopoly over the phrase, word or logo will be created, which is something the UK Intellectual Property Office is keen to avoid.

Therefore, you need to be clear exactly what you want to use your mark for as well as a consideration of any further developments.

If you veer off from your chosen classes, the power to protect your mark from any infringement is very limited. Therefore, it is essential that you get the choice of classes right.

The Trademarkroom, as trade mark professionals, can assist you in choosing the right classes.

If your mark is in relation to the creation of goods or products, the classes you need to consider are 1-34 in which every object, food, material or tool is separated into different categories with likened things grouped together.

The remaining classes, from 35-45 are in relation to specific industries. These classes are more wide ranging with businesses that would normally not be linked grouped together to improve simplicity. For example, class 43 is in relation to food and drink services. While this is a clear link, certain businesses indicated would not normally be seen as being in a common industry, for example a restaurant and a crèche service.

For more guidance on how to select the right classes, the UK Intellectual Property Office has a tool on their website where you can search for key words that would indicate what your business is about and it will give you the best classes to consider.

It is always best however to get an expert’s advice before you rely on the tool’s information.

The search tool can be found here: http://euipo.europa.eu/ec2/

For further guidance or advice, contact The Trademarkroom on 02380 000190

By Ellis Sweetenham