A Lesson on Trade Mark Classes
One of the decisions that needs to be made when completing a trade mark application is which class or classes to register your trade mark in. A “class” is a descriptor of the nature of your business, it indicates which goods or services your trade mark is protected under. There are 45 classes in total, with classes 1 – 34 dealing with various goods and classes 35 – 45 dealing with various services.
Registering a trade mark does not mean that your trade mark will be automatically protected across all industries. On the contrary, your trade mark will only be protected under the classes that the trade mark is registered in. Further, you cannot register your trade mark under every class, just the class or classes relevant to the goods or services that your business provides. In other words, you can only register your trade mark under classes that you will “use” your trade mark in.
You should also keep in mind that trade mark application and registration cost increases for each additional class that you apply to register your trade mark in.
So, how does one come to the very important conclusion on which class or classes to include?
Here is a list of questions you should ask yourself to help make your decision:
- What is the nature of your business? Do you provide goods or services to your customers?
- What are the specific goods or services that you provide to your customers?
- What areas of your business generates the most income?
- How much are you willing to spend on your trade mark application?
The key word that you should keep in mind through your decision-making process is “relevance”. You should only apply for classes that are relevant to your business. If your trade mark application is too broad, it may be subject to non-use action. On the other hand, if your trade mark application is too narrow, it will not provide you with the proper protection.
A good idea is to also speak to someone who has experience and expertise in this area. We have assisted many clients in varying industries through the above decision-making process and we would be glad to help you do the same. Do not hesitate to get in touch to arrange a meeting with one of our lawyers today!
Trade Mark Enquiry
For more information on our trade mark services and quotes on our professional fees, please contact us or visit our quoting page. Our experienced trade mark lawyers will contact you to explore how we can improve your business and add to your balance sheet by realising the value in your intellectual property through trade mark registration.
Trade Mark Lawyer
Carina Yap is a solicitor with Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services in trade mark advice, representation and trade mark registration to businesses across Sydney and Australia.