Trademark Class 45: Legal, Security, & Personal Services
Trademark Class 45 includes legal, security, and personal services, such as legal advice, physical protection, online social networking, and dating services. Understanding how this class applies to trademark filings is crucial for businesses operating in these industries.
What Are Trademark Classes?
Trademark classes are categories used to classify goods and services for trademark registration. When filing a trademark application, you must select the correct class to ensure your mark is legally protected in the right business sector.
Choosing the wrong class can lead to rejection, legal conflicts, or insufficient protection. The classification system helps prevent confusion by ensuring that trademarks for similar names in unrelated industries can coexist without conflict.
What Is Trademark Class 45?
Trademark Class 45, according to the Nice Classification, is:
“Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; babysitting.”
Simply put, this class covers legal and security services, as well as personal and social services that fulfill individual needs.
Common Trademark Class 45 Services
Many service-based businesses fall under Class 45, including:
- Legal and dispute resolution services – Lawyers, law firms, arbitration and mediation services, and regulatory compliance auditors.
- Security and protection services – Private detectives, personal background investigations, security screenings, baggage checks, and property surveillance.
- Social and personal services – Wedding ceremony planning, chaperoning, dating services, and conducting religious or funeral ceremonies.
- Animal care services – Pet sitting and dog walking.
- Clothing rental – This includes rental services specifically related to clothing, such as formal wear rental businesses.
Services That Are Not in Trademark Class 45
Some services might seem like they belong in Class 45 but actually fall under different classes:
- Rental services unrelated to personal needs – Renting apartments (Class 36), cars (Class 39), or temporary accommodations (Class 43) fall under different classes based on their function.
- Transportation and escorting services – Traveler escorting and armored car transport are part of Class 39 since they involve physical transportation rather than security services.
- Entertainment and event-related services – Party planning and entertainment services belong in Class 41.
- Tech and cybersecurity services – Computer security consulting and data encryption belong in Class 42.
- Medical and beauty services – Healthcare, hygiene, and beauty treatments are classified under Class 44.
USPTO Fees for Trademark Class 45
The United States Patent and Trademark Office (USPTO) determines filing fees based on the number of classes included in an application. The basic filing fee is $350 per class.
Since most trademark registration fees are calculated on a per-class basis, businesses should be mindful of the costs when filing for multiple classifications.
Coordinated Classes for Trademark Class 45
Coordinated classes are a tool that helps identify trademarks with related goods and services. The relationship between trademarks is not solely based on identical names; instead, it considers how goods or services are used together, sold by the same businesses, advertised in the same spaces, or target the same consumers.
When applying for a trademark, it’s crucial to review these coordinated classes to ensure comprehensive protection. A knowledgeable trademark service will take these related goods and services into account.
The coordinated classes for Trademark Class 45 include:
- Class 035 – Advertising and business services
- Class 036 – Insurance and financial services
- Class 037 – Construction and repair services
- Class 038 – Communication services
- Class 039 – Transportation and storage services
- Class 040 – Material treatment services
- Class 041 – Education and entertainment services
- Class 042 – Computer, scientific, and legal services
- Class 043 – Hotels and restaurant services
- Class 044 – Medical, beauty, and agricultural services
- Class A – Goods certification marks
- Class B – Services certification marks
- Class 200 – Collective membership marks
When filing for a trademark in Class 45, it’s advisable to assess whether your business activities overlap with any of these related categories. A comprehensive trademark services company, like TradeMark Express, will guide you through this process to ensure your application is strategically filed for maximum protection.
Why a Trademark Search Is Essential for Class 45 Services
Trademark searches are a critical step in securing a unique and legally sound brand name. Businesses in Class 45, especially legal firms, security companies, and personal service providers, must be particularly cautious about trademark conflicts.
A direct-hit search only looks for exact matches in the USPTO database.
However, trademarks don’t need to be identical to create legal issues. A comprehensive trademark search goes beyond exact matches to identify trademarks with similar sounds, appearances, or meanings.
Components of a Comprehensive Trademark Search
A thorough trademark search should cover:
- Federal and state trademarks – Federal trademarks grant nationwide rights, while state trademarks protect within specific states.
- Common law searches – Some businesses have trademark rights based on usage rather than registration. A common law search of online brand names, business directories, domain names, and social media handles helps uncover these.
- Goods and services similarities – Trademarks can be legally conflicting if their goods or services are related, even if they fall into different classes.
- Similarity analysis – This evaluates whether trademarks are confusingly similar in appearance, sound, or meaning.
Working with a professional trademark service like TradeMark Express ensures a thorough search process, reducing the risk of rejection or legal disputes.
Acceptable Trademark Specimens for Class 45
A trademark specimen proves that your trademark is actively being used in commerce and directly associated with the services you provide.
Acceptable specimens for Class 45 include:
- Online or printed advertising – A screenshot of an online ad for a legal firm.
- TV or radio commercials – An MP3 file of a security service TV commercial.
- Marketing materials – A scanned brochure for a wedding ceremony planning service.
- Signage – A sign displayed at an animal adoption agency.
- Materials used in providing the service – A detective agency’s business vehicle featuring the trademark.
- Invoices – An invoice clearly articulating the services and trademark for a marriage counseling brand.
- Business cards and letterhead – A business card for a tuxedo rental trademark.
Final Thoughts
Trademark Class 45 includes essential legal, security, and personal services that require proper trademark protection. Whether you’re a law firm, security agency, or personal service provider, ensuring your trademark is unique and properly classified is key.
At TradeMark Express, we offer thorough trademark searches and guidance to help you file with confidence. Contact us today to protect your brand and avoid costly legal conflicts.