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What You Need to Know About International Classifications for Trademark Applications

If you are thinking of applying for a trademark in the United States or abroad, you may have heard of the term “international classifications” or “Nice classifications.” But what are they and why are they important for your trademark protection? Please continue reading and reach out to a seasoned New Orleans, Louisiana trademark lawyer to learn more about the basics of international classifications for trademark applications and how they can affect your trademark strategy. Here are some of the questions you may have:

What are international classifications?

International classifications are a system of categories that group together similar goods and services for the purposes of registering trademarks. They are based on the Nice Agreement, an international treaty that was first established in 1957 and is currently administered by the World Intellectual Property Organization (WIPO). The Nice Agreement has 45 classes, numbered from 1 to 45, that cover all types of goods and services. For example, class 9 covers electrical and scientific apparatus, class 25 covers clothing, and class 36 covers insurance and financial services.

Why are international classifications important?

International classifications are important for several reasons. First, they help you ascertain the scope of your trademark protection. When you apply for a trademark, you need to specify the goods and services that you utilize or intend to utilize your trademark with. You also need to choose the suitable class or classes that correspond to your goods and services. This will determine the extent of your exclusive rights to use your trademark in connection with those goods and services.

Second, they assist you in evading potential conflicts with other trademarks. By employing international classifications, you can search for existing or pending trademarks that may be analogous or identical to yours in the same or related classes. This will help you assess the likelihood of confusion between your trademark and others, which can help you avoid potential infringement claims or oppositions.

Third, they help facilitate the streamlining of your trademark application process. By using international classifications, you can expedite the application process and reduce your filing fees. The United States Patent and Trademark Office (USPTO) uses international classifications to organize goods and services in applications, assess fees, and compile a database for registered and pending trademarks that can be searched. Each category of goods or services is assigned a number from 1 to 45—also known as an international class. The USPTO charges a filing fee per class, so the more classes you select, the higher your governmental fee will be. Therefore, it is advisable to select only the classes that are pertinent and necessary for your trademark protection.

How do you choose the right international classifications?

Choosing the right international classifications for your trademark application can be challenging, especially if your goods and services fall into multiple or overlapping classes. Here are some tips to help you choose the right international classifications:

  • Use the USPTO’s Trademark ID Manual to find examples of acceptable identifications and their classification. The Trademark ID Manual is an online tool that provides a list of pre-approved terms that describe various goods and services and their corresponding classes. You can search by keyword or browse by class to find terms that match your goods and services. You can also suggest new terms if you cannot find an existing term that suits your needs.
  • Use the WIPO’s Alphabetical List to find additional terms and their classification. The Alphabetical List is a comprehensive list of goods and services and their classes under the Nice Classification. It is updated regularly by the Committee of Experts of the Nice Union, which is responsible for maintaining and revising the Nice Classification. You can search by keyword or browse by class to find terms that match your goods and services.
  • Use design search codes if your trademark includes a design or logo or any words that could be represented by an image. A design search code is a six-digit number that is used to classify and search for the prominent design elements in a trademark. For example, if your trademark includes a star, you can use design search code 01.01.01 to find other trademarks that also include a star. You can use the USPTO’s Design Search Code Manual to find design search codes for various design elements.

By choosing the right international classifications for your trademark application, you can increase your chances of obtaining a strong and enforceable trademark. If you need help or guidance with any trademark-related matter, please don’t hesitate to contact Lemler IP today.

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