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As a UK business considering applying to register a trade mark, you will need to understand how trade mark classifications work and how important they are for your application. This article will discuss how the classification system works and how you should choose the most relevant class for your application.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
What are Trade Mark Classifications?
Trade mark classifications, or classes, are different areas of trade that you can choose during your application. There are a total of 45 classes made up of 34 classes for products and goods and 11 for business services. The classification system in the UK is called the Nice Classification. It is designed to make the process as straightforward as possible for businesses to choose the suitable class.
Examples of classes for products include:
- Class 1: Food preservatives
- Class 11: Drying apparatus
- Class 2: Dry inks
- Class 7: Combination washing and drying machines
- Class 14: Jewellery
Examples of classes for services include:
- Class 35: Retail services concerning hair products
- Class 37: Washing
- Class 43: Food preparation
- Class 39: Transport of food
- Class 44: Food nutrition consultation
Every class within the list has a heading and then a greater description provided to explain what sorts of business would suit that particular class. If you have difficulty locating your business within the class system, do not allow this to impact your application. Class headings and descriptions are non-exhaustive, and you may need additional legal advice to select which class/classes are suitable. Seeking assistance may be necessary to protect your registered trade mark adequately.
Why Trade Mark Classes are Important
Trade mark classes are areas of trade that you associate with your business. Consequently, the classes you choose to register your trade mark within are vital. Your trade mark’s protection under intellectual property law will be limited to the classes you choose in your application. Therefore, you should consider where you see your business development and what areas you intend to experience growth.
Suppose you submit a trade mark application and choose the wrong classes to register within. Your application will likely be worthless as competitors within your industry can use your trade mark in any area you do not register within.
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Choosing the Right Class
You may need assistance if you struggle to choose all relevant trade mark classes for your business. Within the UK, you can use the online trade mark search tool to search keywords relating to your business. This will generate a list of potentially relevant classes you can choose to include in your application.
Suppose you are still unsure that you have included all relevant classes. In that case, it is advisable to contact an intellectual property lawyer who can guarantee you have included everything necessary to ensure your trade mark application is worthwhile. If you have not included all necessary trade mark classes, you cannot add these to your original application and will have to submit a new application. Therefore, getting your application right the first time is very important.
As a result, the classes you choose to register that trade mark within have to mirror your business development. If you do not do this, you will need to be aware of requiring a future trade mark application at some point in the future, as a competitor could copy your mark and register it within an industry you intend to branch into.
Key Takeaways
Trade mark classes are areas of trade you can register your trade mark. There are 45 classes, 34 focused on products and the remaining 11 services businesses provide. Within the UK, the Nice Classification system is used to group like-minded trades to easily organise the different classes and make the application process straightforward.
It is important to get your application correct on the first attempt. Failure to register in the correct classes means your trade mark will not have full protection. Furthermore, any additional applications to remedy this error will incur further costs and time.
The Intellectual Property Office allows you to apply within multiple classes, but you will have to pay an additional fee for each additional class you add. Therefore, if you cannot find the correct class that seems relevant to your business area, you may need additional legal advice to submit a worthwhile application.
If you need help deciding whether to register a 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 can select multiple classes only if they are relevant to your business’ products or services. You cannot choose classes that have no relevance to your products/services now or in the next five years
You can use the online tool to search for keywords relating to your business which will then generate suggestions for which classes to register within. If you are having difficulties, however, it is advisable to seek legal support from a qualified professional.
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