Registering a trademark is an important process. Essentially, it ensures that a name, word, phrase, movement, smell, shape, aspect of packaging or logo or a combination is protected. You can then sell, licence or use your trademark without worrying about other businesses and people using them. When you take the step to register your trademark, you’ll come across trademark classifications, or ‘classes’. Figuring out the correct trademark class is a complicated process. In this article, we break down what classes are, and how to figure out which suits your trademark.
What are Trademark Classes?
A class of trademark is a category. Each class relates to a type of good or service. If you register a trademark in a certain class of goods or services, then your trademark will only be protected in that category. There are 34 classes of goods and 11 classes of services. Trade Marks are governed by the Trade Marks Act 1995 (Cth).
Examples of Classes of Trademarks
Goods
Class 9 – Scientific, photographic, research, measuring apparatus and more
There are hundreds of possible goods within this class. For example, things like audio and video receivers, automatic cash dispenser, camera lenses and many others fall within this trademark class.
Example
The name ‘Nikon’ is registered under Class 9 in relation to “cameras, binoculars, optical lenses” and other instruments. This is how the company Nikon is able to identify its products without anyone else doing the same.
Class 21 – household or kitchen utensils and contains, cookware and more
Again, this trademark class contains hundreds of goods. So make sure to pick the one that’s right for your business! For example, things like bowls for vegetables, pots and shoe horns are all part of this category.
Example
The brand ‘Le Creuset’ has their name trademarked under this class. This is why they’re able to sell they’re unique crockery with the Le Creuset name.
Class 32 – Beers, non-alcoholic beverages, mineral and aerated waters and more
This class contains goods like orange juice, smoothies, part frozen slush drinks and others.
Example
The company ‘Boost Juice’, has the word “Boost” trademarked under this category. This allows them to sell their drinks with this word on it.
Services
Class 39 – Transport, packaging and storage of goods, travel arrangements and more
This category includes air passenger transport services, car rental and consultancy for travel among hundreds of other services.
Example
The airline Qantas has their name trademarked under this category.
Class 41 – Education, providing of training, entertainment and more
In this category you’ll find services like coaching services, gymnasium services and more.
Example
The University of Sydney has trademarked a logo with the word ‘Sydney’ under this category.
How do I pick which trademark class to apply for
1. Identify the Good or Service You’re Providing
Firstly, you need to be clear about exactly it is that you’re selling, or what service you’re providing. Given the large number of classes, it’ll be a lot easier to search for a class that suits your good or service once you are clear on what it is.
Example
You’re intending to sell hats in a retail store you are building. If available, you might then apply to trademark the name of the store under Class 35 for “retail clothing shop services”. However, if you are intending to make hats, or sell hats with your logo or brand name, you’ll then likely register this logo or word under Class 25 for “hats”.
Example
You own a computer fixing business and you want to trademark your business name before someone else uses it. It’s likely that you’ll apply for a trademark under Class 37 and service “Computer support services”. It wouldn’t make sense to apply for a trademark under Class 9 “computers” as you are not making or selling this good with your business name on it.
2. Speak to a Professional
Although not mandatory, it’s recommended that you get the guidance of an intellectual property or trademark lawyer. They can assist you in ensuring you find the most suitable class of trademark for your good or service.
Summary
Applying for a trademark is an extremely wise and important step for your business. It can help set you up for building a brand and other aspects of growing your business. Make sure to do your research, and get assistance to ensure you start your trademark application off on the right foot, and under the right trademark class.
