What is Class in Trademark Search?
There are many trademark classes created to arrange various trademarks based on common criteria. Therefore, we follow a standardized trademark classification system for categorizing various trademarks for further search.
Why do we need Trademark Classification?
A trademark classification is a method to organize various potential trademark applications into suitable categories. Because of this , trademark examiners and trademark attorneys arrange patent applications and other documents using trademark classification system. This organization is performed based on type, scope, description, etc. As different countries have different rules and regulations for trademark search classes, the is categorization makes the application process easier for attorneys as well as examiners ensuring precise work.
While some countries allow the classification of the same trademark into various classes, others do not allow for the same. Moreover, a few of them also allows for the registration of various classes in the same document. Accordingly, if you want to become a trademark owner, it is important to understand the NICE classification system.
Also Read: How to Perform a Trademark Clearance Search?
Trademark Classes for Trademark Class Search
Under the International Certification of Goods and Services, World Intellectual Property Organization (WIPO) provides an International standardized classification system called as Nice Classification (Nice Agreement). Under Nice Classification, 45 classes for trademark search classification are given. Out of these 45 classes, 11 are allotted to service trademarks, rest 34 are for goods marks. Each of these classes has similar trademarks. Thus, it is important to choose the right trademark class while you opt for the trademark search and trademark registration. Moreover, it is also possible to choose a multiple-class trademark application in case your trademark comes under more than one class.
For business owners seeking a trademark, it gets extremely important to avoid mentioning wrong class in your trademark registration application. Not only for trademark registration, knowledge of International class of trademark is significant for effective trademark search. This will further save your trademark from a potential infringement. Also, you can file a multiple-class trademark application if your mark exists under many classes.
Fundamentals of Trademark Classes and Nice Classification
Trademark Classification of Goods: Here, segregation is done in 5 different types.
- A finished good is classified based on its function. But, if the purpose of a goof or product is not given in any class, then the classification of the finished product is done by its analogy with comparable finished products in the same category. An alphabetical list is used for this purpose. However, if this option does not work out, then subsidiary criteria like the material of the product, operation mode, etc., are used.
- A multipurpose finished product can be placed in all classes that correspond to any or all of its purposes. Furthermore, if the functions are not given in any of the class headings, subsidiary criteria like the material of the product, operation mode, etc., are used.
- Raw materials whether unworked or semi-worked, are segregated according to their building material.
- Intermediate goods are placed in the same class as the final product only when the same types of goods are not used for other purposes. But if that’s not the case, normally be used for another purpose. In all other cases, the criterion stated in point (a) applies.
- If the constituents of a final product (finished or unfinished) are different, then the final product is classified based on the material that predominates.
Trademark Classification of Services
- The services for trademark search classes are classified based on the branches of activities that are mentioned in the specified in the service classes headings and their Explanatory Notes. If the branches of activities are not specified as in-service classes or explanatory notes, then the analogy criteria are used.
- Also. rental services come under the same classes of rented objects.
- Advisory, informational, and consultation services are placed in the same classes as the services related to the subject matter of the advice, information, or consultation.
How are trademarks classified in services and goods?
Here is a separate list of various trademark classes for goods and services.
International Nice Trademark Classes for Goods
|Class 1||Chemicals used in industry, photography, unprocessed artificial resins, Tanning, and adhesive substances, etc.|
|Class 2||Paintings, paints, pigmentation, coals. lacquers, mordants, printing, and art.|
|Class 3||Cleaning goods, cosmetics, bleaching agents, abrasive preparations, laundry products, and essential oils.|
|Class 4||Fuels, industrial oil, illuminates, wetting and binding products, fuels, and wicks for lighting.|
|Class 5||Pharmaceutical products, medicines, veterinary preparations and veterinary apparatus, dental wax, disinfectants, herbicides, fungicides, and other apparatus for medical purposes.|
|Class 6||Metal castings, hardware, locks, safes, common metals, alloys, metallic building material, and metals that are not covered by any other class.|
|Class 7||Machine, automatic vending machines, machine tools(except land vehicles), and egg incubators.|
|Class 8||Implements, hand tools, cutlery, and razors.|
|Class 9||Cash register, calculators, data processing equipment, academic apparatus, magnetic data carriers.|
|Class 10||Surgical apparatus used for medical purposes, prosthetics, medical and dental apparatus, artificial limbs, eyes teeth.|
|Class 11||Heating and lighting apparatus, steam generating products, cooking, refrigerating, and dying.|
|Class 12||Apparatus for locomotion, i.e., apparatus used for locomotion by land, water, and air.|
|Class 13||Ammunition, weapons, firearms, and explosives.|
|Class 14||Precious metal, precious metals’ alloys, jewelry, etc.|
|Class 15||Musical instruments|
|Class 16||Cardboard, paper, and goods made from them, bookbinding material, paintbrushes, playing cards, and printing blocks.|
|Class 17||Rubber, asbestos, mica, gum, and goods made from any of them. This class also includes goods that are not covered by any other class.|
|Class 18||Leather, leather imitations, articles made of these items and not included in any other class, animal skins, hides, etc.|
|Class 19||Non–metallic pipes, asphalt, pitch, and bitumen.|
|Class 20||Picture frames, cork, wood furniture, reed, cane, etc.|
|Class 21||Items for household purposes such as kitchen utensils, brush-making material, and cleaning articles.|
|Class 22||Nets, strings, sacks, bags, and fibrous textile materials.|
|Class 23||Yams and threads for textile making.|
|Class 24||Textile and textile goods were not placed in the other classes.|
|Class 25||Clothing, footwear, headgear, etc.|
|Class 26||Lace, ribbons, embroidery material, buttons, hooks, pins and needles, artificial flowers.|
|Class 27||Non-textile carpets, wall hangings, linoleum, and materials used as floor covering.|
|Class 28||Gaming products, gymnastics, Christmas decorative accessories, sporting items are not covered under any other class.|
|Class 29||Poultry products, meat, meat products, milk products, jams, eggs, dried and cooked fruits, vegetables, edible oils.|
|Class 30||Spices, natural and artificial coffee, sago, tea, sugar, cocoa, rice, tapioca, flour.|
|Class 31||Horticulture, forestry products, natural plants, fresh fruits, seeds, malt, agriculture, and grains are not included in other classes.|
|Class 32||Aerated drinks, mineral water, light beverages, beer, non-alcoholic drinks (juices and fruits drinks), and other things used for preparing beverages.|
|Class 33||Alcoholic beverages (except beer)|
|Class 34||Matches, smoker’s articles, tobacco, etc.|
International Nice Trademark Classes for Services
|Class 35||Advertising, Business, Consulting, office functions |
This class includes services that help in managing the affairs of organizations, including commercial organizations. In addition, advertising activity concerned with any types of goods and services or a public announcement also comes in this class.
|Class 36||Insurance, Monetary and Financial Services|
|Class 37||Construction and Repair services where work is being done by contractors. This class includes finished as well as in the making building projects.|
|Class 38||Communication services (oral and visual) that help in communicating anything between people are classified here.|
|Class 39||Transportation and storage services related to goods storage in any place. Goods transportation via air, land, and water are covered here.|
|Class 40||Material treatment services that involve changing of chemical or the mechanical composition of a substance are placed here.|
|Class 41||Education and Entertainment services that enhance the knowledge, skill-set or mental capacity of a person or animal are placed here. Further, this class also covers entertainment services for people or animals.|
|Class 42||All the scientific, research activities, and technological services along with services related to software and hardware development are placed in these classes. Moreover, this class also includes legal services and engineering services such as designing, creating blueprints.|
|Class 43||Restaurants services, Temporary accommodation for people and animals along with services that provide the staple foods or drinks preparation for consumption.|
|Class 44||Medical services linked with hygiene, first aid, animal breeding, beauty purposes salon, and grooming services to human beings along with animals forms a part of this category.|
|Class 45||Personal or social services are classified in this class.|
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