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If you intend to register your trade mark, you may want to know which classes are most appropriate. This article will discuss how to choose the right classes when registering your trade mark.
What Are Trade Mark Classes?
A trade mark class identifies what sort of industry your goods or services fall into. They are easily distinguishable and the full list is available online. The Intellectual Property Office (IPO) uses a system of classification called the Nice Classification, which is used to define the various types of goods and services provided by a business that a trade mark will protect.
There are a total of 45 different classes, 34 of which are goods and 11 of which are services. Each class has a title that broadly identifies what sorts of things are protected under that particular class heading. The IPO regularly updates and reviews the classes. You must select the correct class or classes in your application, as you cannot change it after you submit your application.
Some examples of classifications that exist are:
- metals (Class 6);
- retail services relating to jewellery (Class 35);
- clothing (Class 25);
- flowers (Class 31);
- processing of chemicals (Class 40); and
- retail services relating to food (Class 35).
As you can see, the classes available are quite specific. However, they do overlap in some cases, which you may wish to bear in mind when selecting a class.
Purpose of Registration
By successfully registering a trade mark, the law automatically grants you exclusivity over your trade mark, but only under the classes you select.
For example, if you run a food takeaway business and register your trade marks under Class 35 (retail services relating to food), no other food retailer can use your trade marks without your consent. However, if a cement manufacturer uses your trade marks, you may not benefit from automatic protection. Of course, this may not matter, as you are not in competition with cement manufacturers.
But where classes overlap, you may wish to select more than one class as part of a multi-class application.
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Future Business Plans
When selecting classes in your application, you should consider your future business plans. This is because you cannot amend your application, and your trade mark must be capable of growing and developing alongside your business.
Given the protection that arises when registering trade marks last for 10 years, you should select the relevant classes with your long-term business plans in mind. For instance, if you intend to branch into other markets in the future, you may want to preemptively select additional classes as part of a multi-class application. This will better protect your trade marks from future competitors.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Costs
A standard trade mark application will cost £170 and if any additional class is chosen, this will cost £50 for each extra class application. For example, if you wish to register your trade mark in three classes, the total cost will be £270. You may however wish to get legal assistance through a trade mark lawyer which will be additional professional fees.
Assistance with the Application Process
One option available to everyone is the TMsearch class tool online which allows you to search keywords and the system then suggests an appropriate classification.
You can also seek help directly from the Intellectual Property Office Classification Team via email; they will normally respond quite promptly. Finally, you can speak to an intellectual property lawyer who will have vast experience of trade mark registration applications and will be best placed to advise you on what form your application should take.
Key Takeaways
You want to ensure you choose the right classes when registering your trade mark. The class or classes your business registers their trade mark in are important in providing the correct protection. It is important to remember that you can not amend your application after submission to the Intellectual Property Office and therefore you need to ensure all relevant classes are selected. A multi-class application will cost slightly more (£50 for each additional class) but this will ensure maximum legal protection if your trade mark and business overlap several classes.
If you need help with trade mark registration, 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
There are 45 classes in total. 34 of these are goods and 11 are services. You can select multiple classes for your application if you feel there are overlaps between several classes.
A standard application costs £170 with an additional £50 for each class that is added. You can then pay additional professional legal fees if you wish to instruct a trade mark lawyer.
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