Trademark Registration: Why it is important to choose the appropriate Classifications

Hello!

Welcome Back! Today I will discuss determining what classification your good or services falls under when registering your trademark. This is an important topic because choosing the wrong classification or not including a classification can jeopardize your trademark rights. Here are a few tips:

1. First a classification is a description and scope of the types of goods or services that fit your trademark.

2. When choosing a classification first think about the industry you are in. Specifically, what industry does your product or service serve? For example, if you are a film company you are in the Entertainment Industry. So you would choose Classification 041 which covers Entertainment in the nature of motion pictures.

3. Next make sure you include multiple classifications if your trademark will identify different products or services within your company. For example, the trademark BBB Bar-B-Q may identify Restaurant services, which is covered under classification 043. But the trademark may also identify BBB Bar-B-Q Sauce which is a product covered under classification 030.

4. Lastly, be strategic when identifying classifications for your product and/or service by including classifications of products or services that you have yet to bring to market. For example, you own a restaurant but plan to sell T-Shirts displaying the restaurant's trademark. You can include the classification 025 which covers T-Shirts and base your trademark application on an intent to use basis. This will prevent another company from claiming a trademark right in your trademark on T-shirts. More importantly, if you do not include T-Shirts in your original application and later want to include your trademark on T-Shirts, you would have to go back and apply for a trademark for T-Shirts. It is best to include all Classifications the first time around. It will save you time and money.