When seeking Trademark registration in the United States, it is essential to file for specific services and/or products within designated classes, referred to as “International Classes.” While this might seem straightforward, the challenge arises when confronted with the 45 different classes established by the USPTO.
Here are some guidelines to assist you in determining the appropriate classes for inclusion in your Trademark application:
“Use” vs. “Intent to Use”
The initial step in deciding the classes for your Trademark application is to determine the “basis” of your application. Trademark registration can be pursued either based on “commercial use” or through an “intent to use” application. The former is quicker and more direct, requiring all listed products and services to be actively sold or provided in the United States using the Trademark.
Understanding “commercial use” is crucial to avoid delays or potential loss of Trademark registration. It signifies that a genuine commercial enterprise is selling products or providing services to actual customers, promoting them using the registered Trademark.
On the other hand, if you are preparing to use a Trademark on certain products, an “intent to use” application reserves the rights to the mark. This type of application demands a “bona fide intent to use” in for-profit activity in the U.S. However, including products not intended for sale or services not intended for provision could lead to challenges in the Trademark registration process.
If an “intent to use” application is filed, and some products or services are not ultimately produced or offered, you may have the opportunity to remove them without jeopardizing the overall Trademark registration process.
Identifying Products and Services
Accurate identification of products and services is pivotal. The USPTO requires a clear, non-technical description of what consumers will receive when purchasing your products or services. Incorrectly identifying these can lead to complications.
For instance, if your company provides restaurant services, your Trademark application should explicitly include “restaurant services.” Avoid adding services that the company might provide for internal purposes but not for clients and customers. The focus should be on how consumers perceive the products and services offered.
Working with an Experienced Trademark Attorney
Including the correct international classes in your Trademark application is a critical step, and errors could potentially harm your business. Therefore, it is advisable to collaborate with an experienced Trademark Attorney who can develop a strategy considering the appropriate application type, accurate identification of your brand’s products and services, and future growth plans for your business. At Jurado & Associates, P.A., our team of Trademark Attorneys is ready to assist you. Contact us at (305) 921-0976, email at [email protected], or WhatsApp atĀ +1 (305) 921-0976 to schedule an initial consultation and ensure a strategic and accurate Trademark application process.
