Trademark Class 11: Lighting, Heating, Cooking

Trademark Class 11 refers to a category of goods related to apparatus and installations used for lighting, heating, cooling, cooking, drying, ventilating, water supply, and sanitation. Understanding Trademark Class 11 is essential for businesses looking to protect their innovations in these industries. In this blog post, we’ll explore everything you need to know about Trademark Class 11, including common goods, related classes, and why a comprehensive trademark search is crucial for your filing.

The Role of Trademark Classes in Filing

Trademark classes are part of the Nice Classification system, an international system for categorizing goods and services. These classes help organize trademarks into specific categories, so that a trademark’s scope of protection can be clearly defined. When you file a trademark application, you’ll need to specify which class your goods or services belong to.

So, What Is Trademark Class 11?

Trademark class 11 is all about environmental control devices.

According to the Nice Classification, it includes “Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.” This broad description covers many different types of products related to controlling various environmental factors.

In simpler terms, trademark class 11 includes goods used for controlling temperature, light, and air, as well as those used for sanitation purposes. These goods are typically associated with keeping homes, businesses, and other spaces comfortable, hygienic, and safe.

Common Goods in Trademark Class 11

The products that fall under trademark class 11 are varied, ranging from household appliances to industrial equipment.

Some of the most common items include:

Air-conditioning apparatus: Systems used to cool or dehumidify indoor spaces.
Ovens: Such as those used in kitchens (cooking ovens, bakers’ ovens, microwave ovens) for cooking and baking.
Stoves: Heating apparatus used for cooking or heating, from stoves that are portable or those used for saunas or wood burning, and of course, cooking stoves.
Solar thermal collectors: Devices that collect solar energy to heat water or air.
Chimney flues, blowers, and hearths: Products related to fireplaces and stoves.
Sterilizers: Used for sanitizing items or surfaces, such as those for air or water, baby bottles, toothbrushes.
Lighting apparatus: Everything from street lamps to indoor lighting, including searchlights and vehicle reflectors.
Lamps: Includes electric lamps, table or floor lamps, gas lamps, oil lamps, and laboratory lamps.
Tanning beds: Used in salons for artificial tanning.
Fountains: Such as water fountains used in landscaping or decorative settings, chocolate fountains commonly used in food service, and drinking fountains found in public spaces or private homes.

These goods fall under trademark class 11 because they relate to equipment designed to control environmental factors like temperature, cleanliness, and light.

Goods Not in Trademark Class 11 (But Could Be Confused)

Sometimes, other products might seem like they should belong in trademark class 11, but they are classified differently for specific reasons.

Here are some examples:

Steam-producing apparatus (Class 7): These are often parts of machines, not standalone items like those in class 11.
Air condensers (Class 7): Similar to air conditioning, but they are machines and belong in a different class.
Lamps for medical purposes (Class 10): These are medical devices, not general lighting, so they are classified separately.
Ovens for laboratory use (Class 9): These are used in scientific settings, so they fall under a different class.
Non-electric portable coolers (Class 21): These items may look like they belong in class 11, but as they are non-electric this makes them fall into a separate category.

Understanding the distinction between these classes ensures that you don’t incorrectly file your trademark in the wrong category, which could lead to delays or rejections in the registration process.

Trademark Filing Fees and Class 11

Trademark filing fees vary depending on the number of classes you are applying for. The USPTO (United States Patent and Trademark Office) charges a filing fee of $350 per class.

So, if you are filing a trademark for multiple classes, the cost will increase. Keep in mind that the majority of fees for maintaining a trademark registration are also based on the number of classes filed, so the more classes you apply for, the higher your costs could be.

Understanding this can help you budget for the life of your trademark.

Coordinated Classes: Why Related Goods Matter

Trademark protection is not just about finding the perfect class for your goods—it’s also about ensuring that your trademark is not likely to be confused with others. Coordinated classes are a tool that helps identify related goods and services across different classes.

For trademark class 11, coordinated classes include:

006 Metal goods
007 Machinery
009 Electrical and scientific apparatus
019 Non-metallic building materials
020 Furniture and articles not otherwise classified
035 Advertising and business services
037 Construction and repair services
040 Material treatment services
042 Computer, scientific, and legal services
A Goods certification marks
B Services certification marks
200 Collective membership marks

These classes are considered related because they involve goods and services that could be used together or sold by the same manufacturers. When evaluating whether there is a likelihood of confusion between trademarks, it’s important to consider not just identical products, but also those that are similar or complementary.

The Importance of a Trademark Search for Class 11 Goods

A comprehensive trademark search is a crucial step before filing for any trademark, including those in trademark class 11. This search ensures that the trademark you’re interested in is not already in use by someone else, which could lead to potential legal issues.

A direct-hit search, which only checks for exact matches, isn’t enough.

Trademarks don’t need to be identical to pose a conflict—they can be confusingly similar in sound, appearance, or meaning. A comprehensive trademark search looks at not only exact matches but also similar marks that could cause confusion.

Comprehensive Trademark Search: What It Includes

A comprehensive trademark search examines multiple databases and factors to ensure that your chosen trademark is both unique and free from conflicts.

Federal and State Trademarks: This aspect of the search covers both registered and pending trademarks at the federal and state levels. Federal trademarks are registered with the USPTO and provide nationwide protection, while state trademarks are filed with state agencies and offer protection within specific states. A thorough search looks at both to ensure there are no existing conflicts with marks already filed, which could impact your ability to register and use your trademark.

Common Law Trademarks: Common law trademarks are marks that are actively used by businesses but haven’t been formally registered with the USPTO. A search of common law marks is critical because these trademarks may not appear in the federal or state databases. However, they can still carry legal weight due to their use in commerce, potentially blocking your trademark registration. This search looks at business names, domain names, social media handles, and other unregistered sources where marks are actively in use.

Goods and Services: The search doesn’t just look for exact matches to your trademark; it also considers similarities in related goods and services. Even if products fall into different trademark classes, they could still be considered related if they are marketed together, sold together, or targeted to the same customers.

EXAMPLE: Air Purifier (Class 11) & Smart Air Quality Monitor (Class 9) – A trademark for an air purifier could be confused with a smart air quality monitor, as both are used to improve indoor air quality and might be sold under the same brand ecosystem.

Similarity Analysis: This part of the search evaluates potential conflicts by examining how similar your trademark is to others in terms of sound, appearance, and meaning. Trademarks can be rejected even if they aren’t identical to existing marks, but are close enough to cause confusion among consumers. For instance, if a mark sounds or looks similar to an already registered trademark, or if it conveys the same commercial impression, it could be grounds for a refusal. A comprehensive search will consider these factors to reduce the risk of a “likelihood of confusion” rejection by the USPTO.

By including all of these elements, a comprehensive trademark search ensures that you’re fully informed about potential conflicts before moving forward with your application, saving you time, money, and legal trouble down the road.

It’s important to work with a professional trademark search company, like TradeMark Express, to ensure your trademark search is thorough and reliable.

Acceptable Specimens for Trademark Class 11

When you file for a trademark, you need to submit a specimen—proof that your trademark is being used in commerce. For trademark class 11, acceptable specimens include:

The goods themselves: A photo showing the trademark on an air purifier.
Labels and tags: A photo showing the trademark on the label of a refrigerator.
Packaging: A photo showing the trademark on the packaging of a microwave oven.
Sales displays: Photos showing the trademark on a display featuring lamp shades.
Webpages: A screenshot of your website showing the trademark on an electric fan available for sale.

These specimens show that your trademark is actively used in commerce and helps support your trademark application.

Conclusion

Understanding trademark class 11 is essential when filing for a trademark in the environmental control space. From air-conditioning systems to lighting apparatus, knowing how to categorize your goods can help ensure the protection and success of your trademark. If you’re preparing to file a trademark in this class, conducting a comprehensive trademark search is critical, and a professional trademark search company can provide the expertise you need.

At TradeMark Express, we specialize in helping businesses navigate the trademark process, ensuring that your trademark is properly protected from the start. Contact us today to get started on your trademark journey!

Have questions about Trademark Class 11?

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Shannon Moore