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DEFINITIONS
BASIC QUESTIONS
APPLICATION PROCESS
BASIC TRADEMARK SEARCH QUESTIONS
BASIC TRADEMARK WATCHING QUESTIONS
Definitions
What is a trademark?
A trademark includes
any word, name, symbol, or device, or any combination, used, or intended
to be used, in commerce to identify and distinguish the goods of one manufacturer
or seller from goods manufactured or sold by others, and to indicate the
source of the goods. In short, a trademark is a brand name. For example, some of the well-known trademarks include Coca-Cola for soft drinks, Yahoo! for Internet Search Engine, Kodak for film, and Rolex for watches.
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What is a service
mark?
A service mark is any
word, name, symbol, device, or any combination, used, or intended to be
used, in commerce, to identify and distinguish the services of one provider
from services provided by others, and to indicate the source of the services.
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What is a certification
mark?
A certification mark
is any word, name, symbol, device, or any combination, used, or intended
to be used, in commerce with the owner’s permission by someone other than
its owner, to certify regional or other geographic origin, material, mode
of manufacture, quality, accuracy, or other characteristics of someone's
goods or services, or that the work or labor on the goods or services
was performed by members of a union or other organization.
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What is a collective
mark?
A collective mark is
a trademark or service mark used, or intended to be used, in commerce,
by the members of a cooperative, an association, or other collective group
or organization, including a mark which indicates membership in a union,
an association, or other organization.
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Basic Questions
What are the benefits
of federal trademark registration?
1. Constructive notice
nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign
countries.
5. Registration may be filed with U.S. Customs Service to prevent importation
of infringing foreign goods.
For more benefits learn why trademark is important.
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Do I have to be a U.S. Citizen to obtain a federal
registration?
No. However, an applicant's
citizenship must be set forth in the record. If an applicant is not a
citizen of any country, then a statement to that effect is sufficient.
If an applicant has dual citizenship, then the applicant must choose which
citizenship will be printed in the Official Gazette and on the certificate
of registration.
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When is it proper
to use the federal registration symbol (the letter R enclosed within a
circle -- ® -- with the mark.
The federal registration
symbol may be used once the mark is actually registered in the U.S. Patent
and Trademark Office. Even though an application is pending, the registration
symbol may not be used before the mark has actually become registered.
The federal registration symbol should only be used on goods or services
that are the subject of the federal trademark registration. [Note: Several
foreign countries use the letter R enclosed within a circle to indicate
that a mark is registered in that country. Use of the symbol by the holder
of a foreign registration may be proper.]
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Is a federal registration
valid outside the United States?
No. However,
if you are a qualified owner of a trademark application pending before
the USPTO, or of a registration issued by the USPTO, you may seek registration
in any of the countries that have joined the Madrid Protocol by filing
a single application, called an "international application,"
with the International Bureau of the World Property Intellectual Organization,
through the USPTO. For more information about the Madrid Protocol, click
here.
Also, certain countries
recognize a United States registration as a basis for filing an application
to register a mark in those countries under international treaties. See
TMEP Chapter 1000
for further information. The laws of each country regarding registration
must be consulted.
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What are common law
rights?
Federal registration
is not required to establish rights in a trademark. Common law rights
arise from actual use of a mark. Generally, the first to either use a
mark in commerce or file an intent to use application with the Patent
and Trademark Office has the ultimate right to use and registration.
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What do "TM," "SM" & "®" Mean?
The symbols ®, TM and SM provide notice to the world that you are claiming trademark rights in any mark using these symbols. You may use the TM on marks identifying goods, and the SM on marks identifying services. You need not have a federal or state registration to use the TM or SM symbols. However, the ® symbol, which provides "statutory notice" can only be used if your mark is federally registered.
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How Do I Get Trademark Rights?
To own a trademark in the United States all you need to do is be the first to use it in trade and make continuous use of the mark thereafter. In addition, you need to make proper use of it (1) to use it in interstate commerce, and (2) in a way that permits consumers to distinguish your particular goods and services from those of another producer. Trademarks that are registered with the federal government receive federal statutes which provide benefits beyond the protection available under the common law.
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I want to protect the name Blue Widget. Do I need to file "Blue Widget", "Blue Widgets", and "BlueWidget" as three separate marks?
It is not necessary to file all three "Blue Widget", "Blue Widgets", and "BlueWidget" separately since there is a strong correlation by a dominant name, Blue Widget. You, of course, can file all three if you want. However, when a trademark search is performed for conflicting names one looks not only for the exact match, but also anything similar in appearance and sound that might create confusion (i.e. cat, cats, kat, etc). Therefore, when you register a singular name, it is very hard for someone else to register the plural name. For example, if you file and register the wording "Blue Widget" it would be strongly similar to the other two mark names.
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Should I trademark the domain name BlueWidget.com?
The USPTO is stricter in allowing domain names to be registered as trademark. In general, filing "Blue Widget" as a mark is easier to get than "BLUEWIDGET.COM". It can happen in some cases, such as Amazon.com, because that name is perceived by consumers as a source identifier. But in general, the USPTO is strict in allowing domain names to function as trademarks. According to the USPTO's Examination Guide No. 2-99, a mark composed of a domain name is registrable as a trademark or service mark only if it functions as a source identifier. The mark must be presented in a manner that will be perceived by potential purchasers as indicating source and not merely an informational indication of the domain name address used to access a web site. If the proposed mark is used in any way that would be perceived as nothing more than an address at the applicant can be contacted, registration will be refused by the USPTO.
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Application Process
How do I obtain a federal trademark registration?
You can fill out a trademark
application online here.
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Who may file an application?
Only the owner of the
trademark may file an application for its registration. An application
filed by a person who is not the owner of the mark will be declared void.
Generally, the person who uses or controls the use of the mark, and controls
the nature and quality of the goods to which it is affixed, or the services
for which it is used, is the owner of the mark.
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What is a specimen?
A specimen is a real-world
example of how the mark is actually used on the goods or in the offer
of services. Labels, tags, or containers for the goods are considered
to be acceptable specimens of use for a trademark. For a service mark,
specimens may be advertising such as magazine advertisements or brochures.
Actual specimens, rather than facsimiles, are preferred. However, if the
actual specimens are bulky, or larger than 8½" x 11", then the applicant
must submit facsimiles, (e.g., photographs or good photocopies) of the
specimens. Facsimiles may not exceed 8½" x 11". ONE SPECIMEN IS REQUIRED
FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION.
Specimens are required
in applications based on actual use in commerce, Section 1(a), 15 U.S.C.
§1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C.
§1051(c) , or the Statement of Use, 15 U.S.C. §1051(d), in applications
based on a bona fide intention to use the mark in commerce, Section 1(b),
15 U.S.C. §1051(b). Specimens are not required for applications based
on a foreign application or registration under Section 44 of the Trademark
Act, 15 U.S.C. §1126, or for applications based on an extension of protection
of an international registration to the United States under Section 66(a)
of the Trademark Act, 15 U.S.C. §1141f.
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What is the drawing?
The "drawing" is a page
which depicts the mark applicant seeks to register. In an application
based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must
show the mark as it is actually used, i.e., as shown by the specimens.
In the case of an application based on a bona fide intention to use, Section
1(b), 15 U.S.C. §1051(b), the drawing must show the mark as the applicant
intends to use it. In an application based on a foreign application or
foreign registration, Sections 44(d) or 44(e), 15 U.S.C. §§1126(d) or
(e), the drawing must depict the mark as it appears or will appear on
the foreign registration. The applicant cannot register more than one
mark in a single application. Therefore, the drawing must display only
one mark.
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If an applicant submits
a specimen, is a drawing still required?
Yes. A drawing is required
in all applications, and is used by the Office for several purposes, including
printing the mark in the Official Gazette, and on the registration certificate.
A specimen, on the other hand, is required as evidence that a mark is
in actual use in commerce.
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On what bases can
a foreign applicant file an application for registration?
1. Use in interstate
commerce or commerce between the United States and a foreign country.
2. Bona fide or good faith intention to use the mark in interstate
commerce or commerce between the United States and a foreign country.
3. Ownership of an application filed in a foreign country (if
within six months of the foreign filing date).
4. Ownership of a foreign registration (with a copy).
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How long does it
take for a mark to be registered?
It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally,
an applicant receives a filing receipt approximately four weeks after filing the application. The filing receipt will include the serial number of the application and more importantly a filing date. All future correspondence with the U.S. Trademark Office must include this serial number. You should receive a response regarding the application outcome within four to six months from the filing date. The total time for the U.S. Trademark Office to complete an application and issue a Certification of Registration may be anywhere from eight months to a year if everything goes smoothly. However, the important thing is to file the trademark so you receive a filing date. The filing date is important because if anyone submits a similar mark, the applicant with the earliest filing date generally has priority in the filing process.
If you have already received our trademark package and have filed the prepared documents with the U.S. Patent and Trademark Office (USPTO), you may contact their office directly at 1-800-786-9199 (or 571-272-9250) to inquire about the current status of your application. You may also view the status of your application online by visiting the USPTO's Trademark Applications and
Registrations Retrieval (TARR) website at http://tsdr.uspto.gov. You will need your application serial number to access the TARR database.
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How long does a trademark
registration last?
For a trademark registration
to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed:
(1) between the fifth and sixth year following registration, and (2) within
the year before the end of every ten-year period after the date of registration.
The registrant may file the affidavit within a grace period of six months
after the end of the sixth or tenth year, with payment of an additional
fee.
The registrant must
also file a §9 renewal application within the year before the expiration
date of a registration, or within a grace period of six months after the
expiration date, with payment of an additional fee.
Assuming that an affidavit
of use is timely filed, registrations granted PRIOR to November 16, 1989
have a 20-year term, and registrations granted on or after November 16,
1989 have a 10-year term.
This is also true for
the renewal periods; renewals granted PRIOR to November 16, 1989 have
a 20-year term, and renewals granted on or after November 16, 1989 have
a 10-year term.
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When did the renewal
period change from twenty to ten years?
November 16, 1989. Registrations
issued on or after November 16, 1989 have a ten-year term, renewable every
ten years.
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How long does an
Intent-to-Use applicant have to allege actual use of the mark in commerce?
An applicant may file
an Amendment to Allege Use any time between the filing date of the application
and the date the Examining Attorney approves the mark for publication.
If an Amendment to Allege Use is not filed, then applicant has six months
from the issuance of the Notice of Allowance to file a Statement of Use,
unless the applicant requests and is granted an extension of time. If
the applicant fails to file either an Amendment to Allege Use or a Statement
of Use within the time limits allowed, then the application will be declared
abandoned. No registration will be granted.
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What are the different
classes of goods and services?
GOODS
CLASS 1 (Chemicals)
Chemicals used in
industry, science and photography, as well as in agriculture, horticulture
and forestry; unprocessed artificial resins, unprocessed plastics; manures;
fire extinguishing compositions; tempering and soldering preparations;
chemical substances for preserving foodstuffs; tanning substances; adhesives
used in industry.
Explanatory Note
This class includes
mainly chemical products used in industry, science and agriculture,
including those which go to the making of products belonging to other
classes.
Includes, in particular:
- compost;
- salt for preserving
other than for foodstuffs.
Does not include,
in particular:
- raw natural resins
(Cl. 02);
- chemical products
for use in medical science (CL 05);
- fungicides, herbicides
and preparations for destroying vermin (CL 05);
- adhesives for
stationery or household purposes (CL 16);
- salt for preserving
foodstuffs (CL 30);
- straw mulch (CL
31).
CLASS 2 (Paints)
Paints, varnishes,
lacquers; preservatives against rust and against deterioration of wood;
colorants; mordants; raw natural resins; metals in foil and powder form
for painters, decorators, printers and artists.
Explanatory Note
This class includes
mainly paints, colorants and preparations used for the protection against
corrosion.
Includes, in particular:
- paints, varnishes
and lacquers for industry, handicrafts and arts;
- dyestuffs for
clothing;
- colorants for
foodstuffs and beverages.
Does not include,
in particular:
- unprocessed artificial
resins (CL 01);
- laundry bluing
(CL 03);
- cosmetic dyes
(CL 03);
- mordants for
seed (CL 05);
- paint boxes (articles
for use in school) (CL 16);
- insulating paints
and varnishes (CL 17).
CLASS 3 (Cosmetics
and cleaning preparations)
Bleaching preparations
and other substances for laundry use; cleaning, polishing, scouring
and abrasive preparations; soaps; perfumery, essential oils, cosmetics,
hair lotions; dentifrices.
Explanatory Note
This class includes
mainly cleaning preparations and toilet preparations.
Includes, in particular:
- deodorants for
personal use;
- sanitary preparations
being toiletries.
Does not include,
in particular:
- chemical chimney
cleaners (CL 01);
- degreasing preparations
for use in manufacturing processes (CL 01);
- deodorants other
than for personal use (CL 05);
- sharpening stones
and grindstones (hand tools) (CL 08).
CLASS 4 (Lubricants
and fuels)
Industrial oils and
greases; lubricants; dust absorbing, wetting and binding compositions;
fuels (including motor spirit) and illuminants; candles, wicks.
Explanatory Note
This class includes
mainly industrial oils and greases, fuels and illuminants.
Does not include,
in particular:
- certain special
industrial oils and greases (consult the Alphabetical List of Goods).
CLASS 5 (Pharmaceuticals)
Pharmaceutical, veterinary
and sanitary preparations; dietetic substances adapted for medical use,
food for babies; plasters, materials for dressings; material for stopping
teeth, dental wax; disinfectants; preparations for destroying
vermin; fungicides, herbicides.
Explanatory Note
This class includes
mainly pharmaceuticals and other preparations for medical purposes.
Includes, in particular:
- sanitary preparations
for medical purposes and for personal hygiene;
- deodorants other
than for personal use;
- cigarettes without
tobacco, for medical purposes.
Does not include,
in particular:
- sanitary preparations
being toiletries (CL 03);
- deodorants for
personal use (CL 03);
- supportive bandages
(CL 10).
CLASS 6 (Metal
goods)
Common metals and
their alloys; metal building materials; transportable buildings of metal;
materials of metal for railway tracks; non-electric cables and wires
of common metal; iron mongery, small items of metal hardware; pipes
and tubes of metal; safes; goods of common metal not included in other
classes; ores.
Explanatory Note
This class includes
mainly unwrought and partly wrought common metals as well as simple
products made of them.
Does not include,
in particular:
- bauxite (CL 01);
- mercury, antimony,
alkaline and alkaline-earth metals (CL 01);
- metals in foil
and powder form for painters, decorators, printers and artists (CL
02).
CLASS 7 (Machinery)
Machines and machine
tools; motors and engines (except for land vehicles); machine coupling
and transmission components (except for land vehicles); agricultural
implements other than hand-operated; incubators for eggs.
Explanatory Note
This class includes
mainly machines, machine tools, motors and engines.
Includes, in particular:
- parts of motors
and engines (of all kinds);
- electric cleaning
machines and apparatus.
Does not include,
in particular:
- certain special
machines and machine tools (consult the Alphabetical List of Goods);
- hand tools and
implements, hand operated (CL 08);
- motors and engines
for land vehicles (CL 12).
CLASS 8 (Hand
tools)
Hand tools and implements
(hand operated); cutlery; side arms; razors.
Explanatory Note
This class includes
mainly hand operated implements used as tools in the respective professions.
Includes, in particular:
- cutlery of precious
metals;
- electric razors
and clippers (hand instruments).
Does not include,
in particular:
- certain special
instruments (consult the Alphabetical List of Goods);
- machine tools
and implements driven by a motor (CL 07);
- surgical cutlery
(CL 10);
- paperknives (CL
16);
- fencing weapons
(CL 28).
CLASS 9 (Electrical
and scientific apparatus)
Scientific, nautical,
surveying, electric, photographic, cinematographic, optical, weighing,
measuring, signaling, checking (supervision), lifesaving 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.
Explanatory Note
Includes, in particular:
- apparatus and
instruments for scientific research in laboratories;
- apparatus and
instruments for controlling ships, such as apparatus and instruments,
for measuring and for transmitting orders;
- the following
electrical apparatus and instruments:
a. certain
electrothermic tools and apparatus, such as electric soldering
irons, electric flat irons which, if they were not electric,
would belong to Class 8;
b. apparatus and devices
which, if not electrical, would be listed in various classes,
i.e., electrically heated clothing, cigar-lighters for automobiles;
- protractors;
punched card office machines; amusement apparatus adapted for use
with television receivers only.
Does not include,
in particular:
- the following
electrical apparatus and instruments:
a. electromechanical
apparatus for the kitchen (grinders and mixers for foodstuffs,
fruit-presses, electrical coffee mills, etc.), and certain other
apparatus and instruments driven by an electrical motor, all
coming under Class 7;
b. electric razors and clippers (hand instruments) (CL 08);
electric toothbrushes and combs (CL 21);
c. electrical apparatus for space heating or for the heating
of liquids, for cooking, ventilating, etc. (CL 11);
- clocks and watches
and other chronometric instruments (CL 14);
- control clocks
(CL 14).
CLASS 10 (Medical
apparatus)
Surgical, medical,
dental and veterinary apparatus and instruments, artificial limbs, eyes
and teeth; orthopedic articles; suture materials.
Explanatory Note
This class includes
mainly medical apparatus, instruments and articles.
Includes, in particular:
- special furniture
for medical use;
- hygienic rubber
articles (consult the Alphabetical List of Goods);
- supportive bandages.
CLASS 11 (Environmental
control apparatus)
Apparatus for lighting,
heating, steam generating, cooking, refrigerating, drying, ventilating,
water supply and sanitary purposes.
Explanatory Note
Includes, in particular:
- air conditioning
apparatus;
- bedwarmers, hot
water bottles, warming pans, electric or non-electric;
- electrically
heated cushions (pads) and blankets, not for medical purposes;
- electric kettles;
- electric cooking
utensils.
Does not include,
in particular:
- steam producing
apparatus (parts of machines) (CL 07);
- electrically
heated clothing (CL 09).
CLASS 12 (Vehicles)
Vehicles; apparatus
for locomotion by land, air or water.
Explanatory Note
Includes, in particular:
- motors and engines
for land vehicles;
- couplings and
transmission components for land vehicles;
- air cushion vehicles.
Does not include,
in particular:
- certain parts
of vehicles (consult the Alphabetical List of Goods);
- railway material
of metal (CL 06);
- motors, engines,
couplings and transmission components other than for land vehicles
(CL 07);
- parts of motors
and engines (of all kinds) (CL 07).
CLASS 13 (Firearms)
Firearms; ammunition
and projectiles; explosives; fireworks.
Explanatory Note
This class includes
mainly firearms and pyrotechnical products.
Does not include,
in particular:
CLASS 14 (Jewelry)
Precious metals and
their alloys and goods in precious metals or coated therewith, not included
in other classes; jewelry, precious stones; horological and chronometric
instruments.
Explanatory Note
This class includes
mainly precious metals, goods in precious metals and, in general, jewelry,
clocks and watches.
Includes, in particular:
- jewelry (i.e.
imitation jewelry and jewelry of precious metal and stones);
- cuff links, tie
pins.
Does not include,
in particular:
- certain goods
in precious metals (classified according to their function or purpose),
for example:
- metals in foil
and powder form for painters, decorators, printers and artists (CL
02);
- amalgam of gold
for dentists (CL 05);
- cutlery (CL 08);
- electric contacts
(CL 09);
- pen nibs of gold
(CL 16);
- objects of art
not in precious metals (classified according to the material of
which they consist).
CLASS 15 (Musical
Instruments)
Musical instruments.
Explanatory Note
Includes, in particular:
- mechanical pianos
and their accessories;
- musical boxes;
- electrical and
electronic musical instruments.
Does not include,
in particular:
- apparatus for
the recording, transmission, amplification and reproduction of sound
(CL 09).
CLASS 16 (Paper
goods and printed matter)
Paper, cardboard and
goods made from these materials, not included in other classes; printed
matter; bookbinding material; photographs; stationery; adhesives for
stationery or household purposes; artists' materials; paint brushes;
typewriters and office requisites (except furniture); instructional
and teaching material (except apparatus); plastic materials for packaging
(not included in other classes); playing cards; printers' type; printing
blocks.
Explanatory Note
This class includes
mainly paper, goods made from that material and office requisites.
Includes, in particular:
- paper knives;
- duplicators;
- plastic sheets,
sacks and bags for wrapping and packaging.
Does not include,
in particular:
- certain goods
made of paper and cardboard (consult the Alphabetical List of Goods);
- colors (CL 02);
- hand tools for
artists (for example: spatulas, sculptors' chisels) (CL 08).
CLASS 17 (Rubber
goods)
Rubber, gutta-percha,
gum, asbestos, mica and goods made from these materials and not included
in other classes; plastics in extruded form for use in manufacture;
packing, stopping and insulating materials; flexible pipes, not of metal.
Explanatory Note
This class includes
mainly electrical, thermal and acoustic insulating materials and plastics,
being for use in manufacture in the form of sheets, blocks and rods.
Includes, in particular:
- rubber material
for recapping tires;
- padding and stuffing
materials of rubber or plastics;
- floating anti-pollution
barriers.
CLASS 18 (Leather
goods)
Leather and imitations
of leather, and goods made of these materials and not included in other
classes; animal skins, hides; trunks and traveling bags; umbrellas,
parasols and walking sticks; whips, harness and saddlery.
Explanatory Note
This class includes
mainly leather, leather imitations, travel goods not included in other
classes and saddlery.
Does not include,
in particular:
- clothing, footwear,
headgear (consult the Alphabetical List of Goods).
CLASS 19 (Nonmetallic
building materials)
Building materials
(nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch
and bitumen; nonmetallic transportable buildings; monuments, not of
metal.
Explanatory Note
This class includes
mainly nonmetallic building materials.
Includes, in particular:
- semi-worked woods
(for example: beams, planks, panels);
- veneers;
- building glass
(for example: floor slabs, glass tiles);
- glass granules
for marking out roads;
- letter boxes
of masonry.
Does not include,
in particular:
- cement preservatives
and cement-waterproofing preparations (CL 01);
- fireproofing
preparations (CL 01).
CLASS 20 (Furniture
and articles not otherwise classified)
Furniture, mirrors,
picture frames; goods (not included in other classes) of wood, cork,
reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl,
meerschaum and substitutes for all these materials, or of plastics.
Explanatory Note
This class includes
mainly furniture and its parts and plastic goods, not included in other
classes.
Includes, in particular:
- metal furniture
and furniture for camping;
- bedding (for
example: mattresses, spring mattresses, pillows);
- looking glasses
and furnishing or toilet mirrors;
- registration
number plates not of metal;
- letter boxes
not of metal or masonry.
Does not include,
in particular:
- certain special
types of mirrors, classified according to their function or purpose
(consult the Alphabetical List of Goods);
- special furniture
for laboratories (CL 09);
- special furniture
for medical use (CL 10);
- bedding linen
(CL 24);
- eiderdowns (CL
24).
CLASS 21 (Housewares
and glass)
Household or kitchen
utensils and containers (not of precious metal or coated therewith);
combs and sponges; brushes (except paint brushes); brush-making materials;
articles for cleaning purposes; steel wool; un-worked or semi-worked
glass (except glass used in building); glassware, porcelain and earthenware
not included in other classes.
Explanatory Note
This class includes
mainly small, hand-operated, utensils and apparatus for household and
kitchen use as well as toilet utensils, glassware and articles in porcelain.
Includes, in particular:
- utensils and
containers for household and kitchen use, for example:
- kitchen utensils,
pails, and pans of iron, aluminum, plastics and other materials,
small hand-operated apparatus for mincing, grinding, pressing, etc.;
- candle extinguishers,
not of precious metal;
- electric combs;
- electric toothbrushes;
- dish stands and
decanter stands.
Does not include,
in particular:
- certain goods
made of glass, porcelain and earthenware (consult the Alphabetical
List of Goods);
- cleaning preparations,
soaps, etc. (Cl. 03);
- small apparatus
for mincing, grinding, pressing, etc., driven by electricity (Cl.
07);
- razors and shaving
apparatus, clippers (hand instruments), metal implements and utensils
for manicure and pedicure (Cl. 08);
- cooking utensils,
electric (Cl. 11);
- toilet mirrors
(Cl. 20).
CLASS 22 (Cordage
and fibers)
Ropes, string, nets,
tents, awnings, tarpaulins, sails, sacks and bags (not included in other
classes); padding and stuffing materials (except of rubber or plastics);
raw fibrous textile materials.
Explanatory Note
This
class includes mainly rope and sail manufacture products, padding
and stuffing materials and raw fibrous textile materials.
Includes, in particular:
- cords and twines
in natural or artificial textile fibres, paper or plastics.
Does not include,
in particular:
- certain nets,
sacs and bags (consult the Alphabetical List of Goods);
- strings for musical
instruments (Cl. 15).
CLASS 23 (Yarns
and threads)
Yarns and threads,
for textile use.
CLASS 24 (Fabrics)
Textiles and textile
goods, not included in other classes; bed and table covers.
Explanatory Note
This class includes
mainly textiles (piece goods) and textile covers for household use.
Includes, in particular:
Does not include,
in particular:
- certain special
textiles (consult the Alphabetical List of Goods);
- electrically
heated blankets (Cl. 10);
- table linen of
paper (Cl. 16);
- horse blankets
(Cl. 18).
CLASS 25 (Clothing)
Clothing, footwear,
headgear.
Explanatory Note
Does not include,
in particular:
- certain clothing
and footwear for special use (consult the Alphabetical List of Goods).
CLASS 26 (Fancy
goods)
Lace and embroidery,
ribbons and braid; buttons, hooks and eyes, pins and needles; artificial
flowers.
Explanatory Note
This class includes
mainly dressmakers' articles.
Includes, in particular:
Does not include,
in particular:
- certain special
types of hooks (consult the Alphabetical List of Goods);
- certain special
types of needles (consult the Alphabetical List of Goods);
- yarns and threads
for textile use (Cl. 23).
CLASS 27 (Floor
coverings)
Carpets, rugs, mats
and matting, linoleum and other materials for covering existing floors;
wall hangings (non-textile).
Explanatory Note
This class includes
mainly products intended to be added as furnishings to previously constructed
floors and walls.
CLASS 28 (Toys
and sporting goods)
Games and playthings;
gymnastic and sporting articles not included in other classes; decorations
for Christmas trees.
Explanatory Note
Includes, in particular:
- fishing tackle;
- equipment for
various sports and games.
Does not include,
in particular:
- Christmas tree
candles (Cl. 04);
- diving equipment
(Cl. 09);
- amusement apparatus
adapted for use with television receivers only (Cl. 09);
- electrical lamps
(garlands) for Christmas trees (Cl. 11);
- playing cards
(Cl. 16);
- fishing nets
(Cl. 22);
- clothing for
gymnastics and sports (Cl. 25);
- confectionery
and chocolate decorations for Christmas trees (Cl. 30).
CLASS 29 (Meats
and processed foods)
Meat, fish, poultry
and game; meat extracts; preserved, dried and cooked fruits and vegetables;
jellies, jams, fruit sauces; eggs, milk and milk products; edible oils
and fats.
Explanatory Note
This class includes
mainly foodstuffs of animal origin as well as vegetables and other horticultural
comestible products which are prepared for consumption or conservation.
Includes, in particular:
- milk beverages
(milk predominating).
Does not include,
in particular:
- certain foodstuffs
of plant origin (consult the Alphabetical List of Goods);
- baby food (Cl.
05);
- dietetic substances
adapted for medical use (Cl. 05);
- salad dressings
(Cl. 30);
- fertilized eggs
for hatching (Cl. 31);
- foodstuffs for
animals (Cl. 31);
- living animals
(Cl. 31).
CLASS 30 (Staple
foods)
Coffee, tea, cocoa,
sugar, rice, tapioca, sago, artificial coffee; flour and preparations
made from cereals, bread, pastry and confectionery, ices; honey, treacle;
yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices;
ice.
Explanatory Note
This
class includes mainly foodstuffs of plant origin prepared for consumption
or conservation as well as auxiliaries intended for the improvement
of the flavour of food.
Includes, in particular:
- beverages with
coffee, cocoa or chocolate base;
- cereals prepared
for human consumption (for example: oat flakes and those made of
other cereals).
Does not include,
in particular:
- certain foodstuffs
of plant origin (consult the Alphabetical List of Goods);
- salt for preserving
other than for foodstuffs (Cl. 01);
- medicinal teas
and dietetic substances adapted for medical use (Cl. 05);
- baby food (Cl.
05);
- raw cereals (Cl.
31);
- foodstuffs for
animals (Cl. 31).
CLASS 31 (Natural
agricultural products)
Agricultural, horticultural
and forestry products and grains not included in other classes; living
animals; fresh fruits and vegetables; seeds, natural plants and flowers;
foodstuffs for animals, malt.
Explanatory Note
This
class includes mainly land products not having been subjected to any
form of preparation for consumption, living animals and plants as
well as foodstuffs for animals.
Includes, in particular:
- raw woods;
- raw cereals;
- fertilized eggs
for hatching;
- mollusca and
crustacea (live).
Does not include,
in particular:
- cultures of micro-organisms
and leeches for medical purposes (Cl. 05);
- semi-worked woods
(Cl. 19);
- artificial fishing
bait (Cl. 28);
- rice (Cl. 30);
- tobacco (Cl.
34).
CLASS 32 (Light
beverages)
Beers; mineral and
aerated waters and other nonalcoholic drinks; fruit drinks and fruit
juices; syrups and other preparations for making beverages.
Explanatory Note
This class includes
mainly nonalcoholic beverages, as well as beer.
Includes, in particular:
Does not include,
in particular:
- beverages for
medical purposes (Cl. 05);
- milk beverages
(milk predominating) (Cl. 29);
- beverages with
coffee, cocoa or chocolate base (Cl. 30).
CLASS 33 (Wine
and spirits)
Alcoholic beverages
(except beers).
Explanatory Note
Does not include,
in particular:
- medicinal drinks
(Cl. 05);
- de-alcoholized
drinks (Cl. 32).
CLASS 34 (Smokers'
articles)
Tobacco; smokers'
articles; matches.
Explanatory Note
Includes, in particular:
- tobacco substitutes
(not for medical purposes).
Does not include,
in particular:
- cigarettes without
tobacco, for medical purposes (Cl. 05);
- certain smokers'
articles in precious metal (Cl. 14) (consult the Alphabetical List
of Goods).
SERVICES
CLASS 35 (Advertising
and business)
Advertising; business
management; business administration; office functions.
Explanatory Note
This class includes
mainly services rendered by persons or organizations principally with
the object of:
1. help in the working
or management of a commercial undertaking, or
2. help in the management
of the business affairs or commercial functions of an industrial or
commercial enterprise, as well as services rendered by advertising establishments
primarily undertaking communications to the public, declarations or
announcements by all means of diffusion and concerning all kinds of
goods or services.
Includes, in particular:
- services consisting
of the registration, transcription, composition, compilation, or systematization
of written communications and registrations, and also the exploitation
or compilation of mathematical or statistical data;
- services of advertising
agencies and services such as the distribution of prospectuses, directly
or through the post, or the distribution of samples. This class may
refer to advertising in connection with other services, such as those
concerning bank loans or advertising by radio; the bringing together,
for the benefit of others, of a variety of goods (excluding the transport
thereof), enabling customers to conveniently view and purchase those
goods.
Does not include,
in particular:
- activity of an
enterprise the primary function of which is the sale of goods, i.e.,
of a so-called commercial enterprise;
- services such as
evaluations and reports of engineers which do not directly refer to
the working or management of affairs in a commercial or industrial
enterprise (consult the Alphabetical List of Services);
- professional consultations
and the drawing up of plans not connected with the conduct of business
(Cl. 42).
CLASS 36 (Insurance
and financial)
Insurance; financial
affairs; monetary affairs; real estate affairs.
Explanatory Note
This class includes
mainly services rendered in financial and monetary affairs and services
rendered in relation to insurance contracts of all kinds.
Includes, in particular:
- services relating
to financial or monetary affairs comprise the following:
a. services
of all the banking establishments, or institutions connected
with them such as exchange brokers or clearing services;
b. services
of credit institutions other than banks such as cooperative
credit associations, individual financial companies, lenders,
etc.;
c. services
of "investment trusts," of holding companies;
d. services
of brokers dealing in shares and property;
e. services
connected with monetary affairs vouched for by trustees;
f. services
rendered in connection with the issue of travelers' checks and
letters of credit;
g. services
of realty administrators of buildings, i.e., services of letting
or valuation, or financing;
h. services
dealing with insurance such as services rendered by agents or
brokers engaged in insurance, services rendered to insured,
and insurance underwriting services.
CLASS 37 (Building construction and repair)
Building construction;
repair; installation services.
Explanatory Note
This class includes
mainly services rendered by contractors or subcontractors in the construction
or making of permanent buildings, as well as services rendered by persons
or organizations engaged in the restoration of objects to their original
condition or in their preservation without altering their physical or
chemical properties.
Includes, in particular:
CLASS 38 (Telecommunications)
Explanatory Note
This class includes
mainly services allowing at least one person to communicate with another
by a sensory means. Such services include those which:
1. allow a person
to talk to another,
2. transmit messages
from one person to another, and
3. place a person
in oral or visual communication with another (radio and television).
Includes, in particular:
- services which
consist essentially of the diffusion of radio or television programs.
- Does not include,
in particular:
- radio advertising
services (Cl. 35).
CLASS 39 (Transportation
and storage)
Transport; packaging
and storage of goods; travel arrangement.
Explanatory Note
This class includes
mainly services rendered in transporting people or goods from one place
to another (by rail, road, water, air or pipeline) and services necessarily
connected with such transport, as well as services relating to the storing
of goods in a warehouse or other building for their preservation or
guarding.
Includes, in particular:
- services rendered
by companies exploiting stations, bridges, rail-road ferries, etc.,
used by the transporter;
- services connected
with the hiring of transport vehicles;
- services connected
with maritime tugs, unloading, the functioning of ports and docks
and the salvaging of wrecked ships and their cargoes;
- services connected
with the functioning of airports;
- services connected
with the packaging and parceling of goods before dispatch;
- services consisting
of information about journeys or the transport of goods by brokers
and tourist agencies, information relating to tariffs, timetables
and methods of transport;
- services relating
to the inspection of vehicles or goods before transport.
Does not include,
in particular:
- services relating
to advertising transport undertakings such as the distribution of
prospectuses or advertising on the radio (Cl. 35);
- services relating
to the issuing of travelers' checks or letters of credit by brokers
or travel agents (Cl. 36);
- services relating
to insurance (commercial, fire or life) during the transport of
persons or goods (Cl. 36);
- services rendered
by the maintenance and repair of vehicles, nor the maintenance or
repair of objects connected with the transport of persons or goods
(Cl. 37);
- services relating
to reservation of rooms in a hotel by travel agents or brokers (Cl.
42).
CLASS 40 (Treatment
of materials)
Treatment of materials.
Explanatory Note
This class includes
mainly services not included in other classes, rendered by the mechanical
or chemical processing or transformation of objects or inorganic or
organic substances.
For the purposes of
classification, the mark is considered a service mark only in cases
where processing or transformation is effected for the account of another
person. A mark is considered a trade mark in all cases where the
substance or object
is marketed by the person who processed or transformed it.
Includes, in particular:
- services relating
to transformation of an object or substance and any process involving
a change in its essential properties (for example, dyeing a garment);
consequently, a maintenance service, although usually in Class 37,
is included in Class 40 if it entails such a change (for example,
the chroming of motor vehicle bumpers);
- services of material
treatment which may be present during the production of any substance
or object other than a building; for example, services which involve
cutting, shaping, polishing by abrasion or metal coating.
Does not include,
in particular:
- repair services
(Cl. 37).
CLASS 41 (Education
and entertainment)
Education; providing
of training; entertainment; sporting and cultural activities.
Explanatory Note
This class contains
mainly services rendered by persons or institutions in the development
of the mental faculties of persons or animals, as well as services intended
to entertain or to engage the attention.
Includes, in particular:
- services consisting
of all forms of education of persons or training of animals;
- services having
the basic aim of the entertainment, amusement or
- recreation of
people.
CLASS 42 (Computer,
scientific & legal)
Scientific and technological
services and research and design relating thereto:
industrial analysis and research services; design and development of
computer hardware and software;
legal services.
Explanatory Note
Class 42
includes mainly services provided by persons, individually or collectively,
in relation to the theoretical and practical aspects of complex fields
of activities; such services are provided by members of professions
such as chemists, physicists, engineers, computer specialists, lawyers,
etc.
Includes, in particular:
- the services
of engineers who undertake evaluations, estimates, research and
reports in the scientific and technological fields
- scientific research
services for medical purposes
Does not include,
in particular:
- business research
and evaluations (Cl. 35);
- word processing
and computer file management services (Cl. 35);
- financial and
fiscal evaluations (Cl. 36);
- mining and oil
extraction (Cl. 37);
- computer (hardware)
installation and repair services (Cl. 37);
- services provided
by the members of professions such as medical doctors, veterinary
surgeons, psychoanalysts (Cl. 44);
- medical treatment
services (Cl. 44);
- garden design
(Cl. 44).
CLASS 43 (Hotels
and Restaurants)
Services for providing
food and drink; temporary accommodations.
Explanatory Note
Class 43
includes mainly services provided by persons or establishments whose
aim is to prepare food and drink for consumption and services provided
to obtain bed and board in hotels, boarding houses or other establishments
providing temporary accommodations.
Includes, in particular:
- reservation services
for travellers' accommodations, particularly through travel agencies
or brokers;
- boarding for
animals.
Does not include,
in particular:
CLASS 44 (Medical,
beauty & agricultural)
Medical services;
veterinary services; hygienic and beauty care for human beings or animals;
agriculture, horticulture and forestry services.
Explanatory Note
Class 44
includes mainly medical care, hygienic and beauty care given by persons
or establishments to human beings and animals; it also includes services
relating to the fields of agriculture, horticulture and forestry.
Includes, in particular:
- medical analysis
services relating to the treatment of persons (such as x-ray examinations
and taking of blood samples);
- artificial insemination
services;
- pharmacy advice;
- animal breeding;
- services relating
to the growing of plants such as gardening;
- services relating
to floral art such as floral compositions as well as garden design.
Does not include,
in particular:
- vermin extermination
(other than for agriculture, horticulture and forestry) (Cl. 37);
- installation
and repair services for irrigation systems (Cl. 37);
- ambulance transport (Cl. 39);
- animal slaughtering
services and taxidermy (Cl. 40);
- timber felling
and processing (Cl. 40);
- animal training
services (Cl. 41);
- health clubs
for physical exercise (Cl. 41);
- scientific research
services for medical purposes (Cl. 42);
- boarding for
animals (Cl. 43);
- retirement homes
(Cl. 43).
CLASS 45 (Personal)
Personal and social
services rendered by others to meet the needs of individuals; security
services for the protection of property and individuals.
Explanatory Note
Includes, in particular:
- investigation
and surveillance services relating to the safety of persons and
entities;
- services provided
to individuals in relation with social events, such as social escort
services, matrimonial agencies, funeral services.
Does not include,
in particular:
- professional
services giving direct aid in the operations or functions of a commercial
undertaking (Cl. 35);
- services relating
to financial or monetary affairs and services dealing with insurance
(Cl. 36);
- escorting of
travellers (Cl. 39);
- security transport
(Cl. 39);
- services consisting
of all forms of education of persons (Cl. 41);
- performances
of singers and dancers (Cl. 41);
- legal services
(Cl. 42);
- services provided
by others to give medical, hygienic or beauty care for human beings
or animals (cl. 44);
- certain rental
services (consult the Alphabetical List of Services and General
Remark (b) relating to the classification of services).
Includes, in particular:
- raw woods;
- raw cereals;
- fertilized eggs
for hatching;
Basic Trademark Search Questions
What is a trademark search?
A trademark search contains information retrieved from an in-depth research of a proposed mark. It includes searching other marks that have similar sound, spelling, pronunciation, appearance, English translation meaning and commercial impression.
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What are the benefits of a trademark search?
1. Constructive notice
nationwide of the servicemark owner's claim.
2. Evidence of ownership of the servicemark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign
countries.
5. Registration may be filed with U.S. Customs Service to stop importation
of infringing foreign goods.
For more trademark search benefits Click Here.
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What is the turnaround time on your search service?
Once we receive all of your application items, we will process your trademark search in 2-3 business days. We also offer a 24-hour expedite service for an additional fee.
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What are pending marks?
Pending trademarks are trademarks that have not been registered with the Patent and Trademark Office. They are either in the process of being registered, awaiting review by an examining attorney, or on hold by an examining attorney to clarify an issue.
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What are dead or abandoned marks?
An abandoned or dead trademark means that the application is no longer pending and, thus, cannot mature into registration. A trademark becomes abandoned or dead when an applicant fails to respond to an objection by the examining attorney, fails to file a statement of use, or when the trademark use is discontinued with an intent not to resume its use. Abandoned or dead marks cannot be used as a bar against registering your proposed mark.
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What are live marks?
Live trademarks are either registered or pending trademarks. Live trademarks will be used as a bar against registering your proposed mark.
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What are common law rights?
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration. Learn more about Common Law Search Trademark Search.
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What is a common law search? Is doing a common law search necessary?
A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, the Internet, and more. The purpose of a common law search is to determine if a mark is being used by others when they have not filed for federal trademark registration. A common law search is not necessary but some find it beneficial. ^ Back to the
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I want protect the name Blue Widget. Do I need to search and file "Blue Widget", "Blue Widgets", and "BlueWidget" as three separate marks?
It is not necessary to search and file all three "Blue Widget", "Blue Widgets", and "BlueWidget" separately since there is a strong correlation by a dominant name, Blue Widget. You, of course, can perform a search and file all three if you want. However, when a trademark search is performed for conflicting names one looks not only for the exact match, but also anything similar in appearance and sound that might create confusion (i.e. cat, cats, kat, etc). Therefore, when you register a singular name, it is very hard for someone else to register the plural name. For example, if you file and register the wording "Blue Widget" it would be strongly similar to the other two mark names.
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Should I trademark the domain name BlueWidget.com?
The USPTO is stricter in allowing domain names to be registered as trademark. In general, filing "Blue Widget" as a mark is easier to get than "BLUEWIDGET.COM". It can happen in some cases, such as Amazon.com, because that name is perceived by consumers as a source identifier. But in general, the USPTO is strict in allowing domain names to function as trademarks. According to the USPTO's Examination Guide No. 2-99, a mark composed of a domain name is registrable as a trademark or service mark only if it functions as a source identifier. The mark must be presented in a manner that will be perceived by potential purchasers as indicating source and not merely an informational indication of the domain name address used to access a web site. If the proposed mark is used in any way that would be perceived as nothing more than an address at the applicant can be contacted, registration will be refused by the USPTO.
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Basic Trademark Watching Questions
How does trademark watching work?
Our trademark watching experts will create a scanning criteria that fits your needs. You will receive a trademark watching report via e-mail each month showing any similar marks that have been filed or published trademarks.
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Why do I need to monitor my trademark?
As a trademark owner, watching or monitoring a trademark is an important part in protecting your brand name over time. If other third-parties begin to use a similar mark, your mark may become diluted and weakened. In addition, trademark law places the burden of policing use of a mark to the trademark owner, in order to protect and enforce its rights.
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