Hello!
I hope your week is going well!
Today I want to discuss another common error individuals make when filing a trademark application without the assistance of a trademark attorney. This error is not choosing the correct identification or class for goods and/or services or not choosing enough classifications to cover all goods and services.
The USPTO has an extensive list of acceptable identifications for goods and services. For example, if you are offering entertainment services, usually your classification number is 041. If you are selling cosmetics, your classification number is 003. It is very important to choose the appropriate classification because if the classification is wrong, the USPTO will reject the application. Furthermore, if you don't include all classifications that apply to your product or services, you will have to file another trademark application to include those classificationss. The following is an example:
I have a barbecue restaurant business but I also sell my famous barbecue sauce. I have one trademark that applies to my restaurant and barbecue sauce. When I submit my trademark application, I would choose classification 043 for restaurant services and classification 030 for barbecue sauce.
The above scenario is less expensive than having to file two separate trademark applications. Each identification filed under one trademark costs $275.00. Whereas, filing two separate applications for each class is $325.00 per application.
However, if you have a trademark for the restaurant and a separate trademark for the barbecue sauce, then you would have to file two separate trademark applications. The USPTO only accepts one trademark per application.
I hope you found this information helpful. If you would like, please share your thoughts.
NOTE: The above fees apply when filing an application online.
6 comments:
You state: "Each identification filed under one trademark costs $275.00. Whereas, filing two separate applications for each class is $325.00 per application." However, the $275/$325 electronic filing fee differential is based on whether a description from the Acceptable Identification of Goods and Services Manual is used ($275 TEAS Plus application). If not (TEAS application), the fee is $325. Paper filings are $375 per class. Or am I missing something?
@BSpeer Hello! Thank you visiting. You are actually correct. Online applications are less expensive than paper applications.
Thanks for the clarification. This is a great post topic!
I have two questions:
1)Can you tell whether it is possible to secure the domain name also protected while registering the trade mark and include it in one application as a classification?
2)where can I get these classification codes from to make sure I am chosing the right ones.
@chandni Hi! Thanks for stopping by. I am not sure I understand your first question. Can you clarify?
Also you can receive a list of classifications here: http://tess2.uspto.gov/netahtml/manual.html
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