International classes have since been assigned to all such registered marks, but the original us classes are still also included in the database. Class 9 is comprised of a broad range of trademarks for nautical, scientific, surveying, cinematographic, photographic, measuring, signaling, and weighing devices. For each description you will need to select a corresponding international trademark class trademark classes, which i explain below. International nice classification of goods and services. In respect of a form t2, unclear description of goods or services. This first class generally covers chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry. International trademark classification, and the headings of the international trademark classes, are established by the committee of experts of the nice union and set forth in the international classification of goods and services for the purposes of the registration of marks 10th ed. Lets take a closer look at one of these trademark classes class 3. When developing a new software, whether it is an app for a smartphone, or, a more classic style of software for use on a computer, it is critically important to consider filing a trademark for the name of. All products and services are divided up into one of 45 international classes plus class a for goods certification marks, class b for services certification. Trademark classes are used to distinguish your goods andor services. For example, expressions such as computer software for services in class 35 will not be. The trade marks classification search provides a list of goods and services classes that you can choose for your trade.
Downloadable and recorded computer programs for use in tracking the status of various users of online interactive gaming services and for matching online game players with other players of all skill levels. No explicit class for mobile apps is provided under nice classification. Which class falls for mobile app trademark registration in india. Class description 1 chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry. Either way, for best results, you should include a product description in your. Services related to design and development of compute software which by extension will cover mobile apps are covered. As it stands, there are 45 trademark classes 34 for goods and 11 for services. What is the benefit of registering a trademark with the uspto. For each class of goods or services that you register, you must pay a separate registration fee. First, if you consulted with a skilled trademark attorney, and she indicates class 35, then she is probably right. Your description cannot merely repeat the class heading. Trademark classes, international trademark classes. Trademark class 9 is one of 45 classes used by the united.
Patent and trademark office uspto uses a list of trademark classes. International classification of goods and services also known as the nice classification was established by the nice agreement 1957, is a system of classifying goods and services for the purpose of. Jul 17, 2012 first, if you consulted with a skilled trademark attorney, and she indicates class 35, then she is probably right. As part of your trademark application, you must identify each class of goods or services. Every international trademark application filed through wipos. For applications filed on and after the official changeover, a list of corresponding u. In most jurisdictions, the products for which trademarks are registered are categorized using the 45 product classes of the international classification of goods and services under the nice. Products goods and services are organized by the u. Without further ado, here are the international trademark classes with descriptions and examples of each. International trademark classes here are the fortyfive socalled nice classes into which trademark applications are classified. How to describe goods and services in a trademark application. For example, if your software is directed to a game, you would need to provide a description along the lines of computer.
If your program is a software as a service, a webapp, or otherwise has no. How to meet the commercial use requirement for an app. S application for trademark or service mark in 1 international class of goods or services includes official filing fees for electronic filings and presumes up to 12 designated goods or services. Typically, mobile apps for phones, tablets, and other devices are in international class 9. Goods run from classes ic 4, while services are in ic 3545. Remember, trademark class registration is not without cost. The complete list of trademark international classes thoughts to paper. Which class of trademark should we register for ecommerce. What is an international class in a trademark application.
So if you apply for a trademark for posters class 16 and shirts class 25, you must pay two fees. The id of goods andor services is the description of the products covered in a trademark application. Now you know why an description is needed and what it is for. International classification of goods and services under the nice agreement section 401. Trademark class 42 is a trademark class used by the united states patent and. Trademark applications filed at the united states patent and trademark system uspto are now organized according to the international class system. This years classification guidelines warn against descriptions of. Trademark classifications of goods and services arvic. That said, classification 42 seems to be applicable to various types of software. And also allows a person to post things on an online calendar would that be considered a class 9 or a class 42.
List of trademark classes from the united states patent and. No worries if you have not checked out part 1 yet, because part 2 is designed to be a reference tool for you. Nice agreement current edition version general remarks. Other offices in europe agreed to follow this approach, and now all european trademark offices.
International classes have since been assigned to all. This classification is used by indian trademark registry to classify the trademarks. Part 2 includes a brief introduction to the trademark classes and an itemized list with the descriptions. International classification revision of international. When you apply for trademark registration, you must identify the class of goods or services that your trademark covers. International trademark classification, and the headings of the international trademark classes, are established by the committee of experts of the nice union and set forth in the international classification of goods and services for the purposes of the registration of marks nice classification, published by the world intellectual property organization wipo. Trademark classes, international trademark classes, trademark. Find out more by contacting our experienced trademark attorneys today. Nice agreement tenth edition general remarks, class. Either way, for best results, you should include a product description in your search. When developing a new software, whether it is an app for a smartphone, or, a more classic style of software for use on a computer, it is critically important to consider filing a trademark for the name of the software. When you apply to register a trade mark you must provide a description of the goods or services you intend to use your trade mark on.
If you wish to use a trademark to cover more than a single product or service, and those products or services fall into more than a single class for example, motorcycles and. A multiclass trademark application streamlines the registration. What are goods and services in a trademark application. Which class falls for mobile app trademark registration in. How to file trademark applications for social media. Trademark search for an app or name of a software program. The numbers after ic, in the context of a trademark application, serve as an indicator of the class of goods or services being protected by the trademark. A trademark must be tied to a product or service trademarks do not exist in a vacuum. These trademark classes are taken from the ip australia website. The trade marks classification search provides a list of goods and services classes that you can choose for your trade mark.
Examination of collective membership mark applications. A new edition is published every five years and, since 20, a new version of each edition is published annually. Nov 27, 2014 for each description you will need to select a corresponding international trademark class trademark classes, which i explain below. List of trademark classes from the united states patent. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry. Riot forge trademark application of riot games, inc. It is not sufficient to provide a description of computer software. Commonly used descriptions of goods and services and their class. In 2011, some of the most frequently used terms in trademark applications were social, book, network and mobile. Now that we know the classes of goods andor services that you wish to designate, you must next provide a fairly detailed description for each good andor service that you specifically wish to associate with the trademark. If you wish to use a trademark to cover more than a single product.
Trademark class 9 is one of 45 classes used by the united states patent and trademark office uspto to classify products or services. While computer software is typically categorized under class 9, such a product may overlap with. The database also includes a snapshot of the types of goods and services that fall in each class class headings. Prerecorded software in hard form cdroms, diskettes, magnetic tapes, etc. Nov 09, 2017 the united states patent and trademark officeuspto classifies trademarks based on distinguishing factors. Class 3 cosmetics and cleaning preparations all goods or services are categorized within international classes ic hereafter. Among many other possible classes in which various goods and services are categorized in countries that are parties to the nice classification, developers usually apply for registration in classes 9 and 42. How to write a description of goods or services for a trademark. These goods and services are catergorised into one or more classes.
The nice agreement outlines the categories in the international trademark. If i create a website that allows a person to upload and download pdf, excels, word, etc. How to file trademark applications for social media related. List of domestic trademark classes from the united states patent and trademark office uspto goods. This trend at the uspto reflects the proliferation of social media related services in the marketplace. In most jurisdictions, the products for which trademarks are registered are categorized using the 45 product classes of the international classification of goods and services under the nice agreement. Trademark examining attorneys will be governed by the applicable statutes, the trademark rules of practice, decisions, and orders and notices issued by the under secretary of commerce for. As it stands, there are 45 trademark classes 34 for goods and 11 for services trademark classes help with. The service is providing the software on a global computer network. International class is used for the convenience of the uspto, but it does not affect likelihood of confusion.
For example, class 25 has a heading or title of clothing, footwear, headgear. How to file trademark applications for social media related services february 2, 2012. Okay, now lets take a look at what classes are important when conducting a trademark search for an app or software program. Acceptable descriptions of goods and services may be found within the.
A trademark must always be tied to particular goods or services offered or sold under the mark. Describing the goods and services associated with a trademark. Trademark international classes categorize the different ways that a trademark is used. Class 9 is a software product that can be made and sold separately from other products or services. The description must also reflect the description included with the uspto. Now that we know the classes of goods andor services that you wish to designate, you must next provide a fairly detailed description for each good andor service that you specifically wish to. The nice agreement outlines this in the international trademark classification system.
The united states patent and trademark office uspto started using the international classes which are known as nice classifications pronounced niece, after the city in france for which it is named. International trademark classes in most jurisdictions, the products for which trademarks are registered are categorized using the 45 product classes of the international classification of goods and services under the nice agreement. The nice classification ncl, established by the nice agreement 1957, is an international classification of goods and services applied for the registration of marks. That said, classification 42 seems to be applicable to various types of software as a service. Trademark applications filed at the uspto before september 1, 1973 were originally categorized according to a national classification system. However, the international classification in a section 66a madrid application must be. This is part 2 of the trademark classes explained series. Should software as a service saas be registered in. Nov 09, 2015 no explicit class for mobile apps is provided under nice classification. Different goods and services have been classified by the international nice classification of goods and services into 45 trademark classes 1 to 34 cover goods, and 35 to 45 services. So if you apply for a trademark for posters and shirts, you must pay two fees. Lets take a closer look at one of these trademark classes class 9. International class 9 also does not include clocks and watches and other chronometric instruments class 14.
Services related to design and development of compute software which by extension will cover mobile apps are covered under class 42 whereas trademarks for computer softwar. The author is a patent attorney with over 28 years experience in patents and trademarks. Classes 1 to 34 are used for goods and classes 35 to 45 for services. The ic field code can be useful in some cases, but id be careful. International trademark classes of goods and services goods class 1 chemicals chemicals used in industry, science and photography, as well as in agriculture, horticulture and. So now you wish to apply for a trademark application for a brand name, image. What are those numbers after ic trademark the numbers after ic, in the context of a trademark application, serve as an indicator of the class of goods or services being protected by the trademark.
A fundamental feature of a trademark application is the description of the. What is the difference between class 9 software and class 42. Considerations regarding identifications of goods and. How to correctly identify goods and services in a trademark. Patent and trademark office uspto uses a list of trademark classes that lumps all goods and services into just 45 categories 34 trademark product classes and 11 trademark service classes. You must indicate the correct class at the time you are registering a trademark. Patent and trademark office uspto according to specific categories, or classes. Apr 29, 2014 what is the difference between class 9 software and class 42 software. What is the difference between class 9 software and class. The classes are named after the city of nice, france, where the first listing of classes was negotiated in 1957. Class 9 covers the downloadable software as a product, while class 42 covers access to the software as a service. Class 3 air fragrancing preparations beauty masks bleaching preparations. A coordinated class is one that is related to another class, usually because the uspto has determined that applicants filing within class 5 often file in these other classes, too. For example, ic 0, which stands for international class 0, is used as a designator for firearms, ammunition.
When you apply for a federal trademark on the name of a software, you obtain. This standardized system includes 45 broad categories, with 34 good categories and 11 service categories. Multipleclass application is an application for trademark registration in which the applicant seeks registration for more than one class. The manual is published to provide trademark examining attorneys in the uspto, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the uspto. Your description cannot merely repeat the class heading or title of classes of goods andor services. S application for trademark or service mark in two international classes of goods or services includes official filing fees for electronic filings and presumes up to 12 designated goods or services per international class. So when you hear about a celebrity trademarking a phrase, the phrase or slogan must be. By nicholas wells when you file a trademark application in the united states, you must indicate the goods and services that you are using your trademark with or that you plan to use your trademark with. Chemicals used in industry, science and photography, as well as. Start using international trademark classes with a trademark search.
This is a summary listing of the estimated 80,000 products and services that have been classified into one of these groups. Class 42 is a service that allows software to be used for various purposeswith the software. You may have one or a number of different trademark classes depending on what type of business you have. Class 9 electrical and scientific apparatus all goods or services are categorized within international classes ic hereafter. Since september 1, 1973, the uspto has used the same standardized categories of goods and services used in most nations around the world. Nov 24, 2018 without further ado, here are the international trademark classes with descriptions and examples of each.
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