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Are you a business in the UK? Are you considering a trade mark application to register your mark with the Intellectual Property Office (IPO)? If so, you may require further information about trade mark classifications, in particular multiple class applications. In this article, we will consider how multiple class applications for trade mark registration may help your business.
What Are Trade Mark Classifications?
In the UK, the classification system is known as the Nice Classification. Classifications, or classes, are areas of trade and industry used exclusively for registered trade marks. They are separated into goods and service areas. As an applicant, you then select the most relevant ones.
There are 45 different classes in total. These are made up of 34 areas of goods and 11 areas of services.
Examples of Classes of Goods
- Class 2 – Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
- Class 5 – Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Examples of Classes of Services
- Class 45 – Legal services, security services for the protection of property and individuals, personal and social services rendered by others to meet the needs of individuals.
- Class 35 – Advertising, business management, business administration, office functions.
Multiple Class Applications
Within your application, you are free to submit a Multiple Class Application. There are additional fees of £50 per additional class in a standard application. Your trade mark, if successfully registered, will only be protected within the classes you select during your application. Therefore, you may determine the added cost is beneficial to your business because it better protects your business.
In other words, you will expose your branding to competitors if you do not select all applicable classes. The result of this is that competitors might register a similar mark in another class. Even if you have registered the mark in one class, it would not be effective in the other classes. You would therefore be unable to use it.
Additionally, you cannot add your mark to additional classes after the fact. You will need to submit a new application if you miss any classes. This entails additional expenses, which you can avoid by properly completing a Multiple Class Application.
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The Process of Applying for Multiple Class Applications
Prior to the official registration process, you must complete what is known as the specification. This is a detailed outline of the types of goods or services you intend to protect. The specification encourages you to include any other goods or services you may use in the future. Classifications can therefore be beneficial in protecting your interests right now and also into the future.
However, you should not seek to register your mark with classes without proper justification. Otherwise, you may open yourself up to challenges for non-use in the future.
Criteria
Things you should consider when selecting classes are:
- what specific goods you offer;
- the materials your goods are made from;
- the services you offer;
- the overall business you are involved within; and
- any products or services you are intending on offering within the next few years.
You should seek legal advice from an intellectual property solicitor if you think you need assistance. A lawyer can ensure you do not make any mistakes when submitting your application, such as ensuring you file a Multiple Class Application where appropriate. This will minimise overall costs and protect you from challenges to your registration in the future
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
Under the Nice Classification in England for trade marks, there are 45 classes in total. 34 of these classes relate to goods and 11 to services. You can choose multiple classes as long as they are relevant to your business right now or you intend to develop your business to include them in the near future. Classifications can be helpful primarily to protect your trade mark in all applicable areas of the industry you work within. They are also helpful as they can protect your future expansion plans. Trade mark registration lasts for ten years and therefore, you should be wary of selecting all areas you feel your business is involved within and intends to grow into.
If you need help or advice around registering your trade mark, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
You will gain exclusivity over usage of your trade mark for ten years which can then be renewed. This means you will immediately upon registration be able to challenge any business who attempts to infringe your rights.
There are 45 classes available to choose from. 34 of these are related to goods and 11 are related to services. You can select multiple classes as long as they relate to your business now or in the near future.
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