Trademark Goods and Services: Beyond the Basics

Trademark Goods and Services: Beyond the Basics

When it comes to trademarks, there’s a lot more to it than just a catchy logo or a memorable name. Trademarks are the backbone of branding, helping businesses protect their unique identity in a competitive marketplace. A critical aspect of trademark registration is specifying the goods and services associated with your mark.

In this blog post, we’ll delve deep into the world of trademark goods and services, exploring what they are, how they relate to trademark classes, how to search for them, and the financial aspects involved. So, let’s get started on this journey to demystify trademark goods and services.

Defining Trademark Goods and Services

Let’s kick things off by understanding the fundamental building blocks of trademarks: goods and services.

Goods are the tangible products that your customers purchase from you. Think of bicycles, candles, or smartphones. These are physical items that you can touch, see, and use in your everyday life.

Services, on the other hand, are intangible activities performed for the benefit of someone other than you or your company. Services could include bicycle repair services, catering for events, or legal consultations. Unlike goods, services are about actions and experiences.

In the realm of trademark registration, you have the option to list both goods and services in your application. This flexibility allows you to protect not only the products you offer but also the unique services you provide. Let’s look at some examples to make this distinction even clearer.

Examples of Trademark Goods and Services:

trademark goods and services infographic

Goods:

(1) Bicycles: If you manufacture or sell bicycles, this falls under the category of goods. You’re offering a physical product that customers can buy and use for transportation or recreation.

(2) Candles: If your business specializes in crafting and selling scented candles, these are also goods. Customers purchase these items to enhance their living spaces or create a cozy atmosphere.

(3) Smartphones: Companies like Apple and Samsung produce smartphones as goods. These are technological marvels that people use for communication, entertainment, and more.

Services:

(1) Bicycle Repair Services: If you offer repair and maintenance services for bicycles, this is a classic example of a service. Customers come to you for expert help in keeping their bikes in top condition.

(2) Catering: Caterers provide food and beverage services for events such as weddings, corporate meetings, and parties. This is a service where customers rely on your expertise to create memorable dining experiences.

(3) Legal Consultations: Law firms offer services like legal consultations and representation. Clients seek their advice and assistance in navigating the complex legal landscape.

Trademark Classes and Their Connection

Now that we understand what goods and services are, let’s explore how they relate to trademark classes.

screenshot of TMID showing different trademark goods and services

Trademark classes serve as a structured way to categorize goods and services for the purpose of registration, fee assessment, and database searching. These classes are organized based on international agreements and are assigned numbers from 1 to 45, known as international classes. It’s important to note that goods and services are never classified in the same class.

Imagine you have a cosmetics business, and you’re also a makeup artist. Your cosmetic products and makeup artist services would fall into different international classes. Let’s see how this works.

Want to read more about Trademark Classes? Check out our post – Understanding Trademark Classes

Example: Cosmetics (Class 3) vs. Makeup Artist Services (Class 45)

– Your line of cosmetics (non-medicated), including makeup, skincare, and fragrances, falls under Class 3. This is where you’d classify your goods.

– However, your makeup artist services, where you provide professional makeup application for events, photoshoots, and special occasions, belong to Class 44. This broad class encompasses services in the, to name just a few, medical, hygienic & beauty care, agriculture, and forestry industries.

When you’re filing for trademark registration, you’ll need to determine which classes your goods and services belong to. Each class comes with its own filing fee, so it’s crucial to accurately identify and classify your offerings to avoid unnecessary expenses.

The Trademark Next Generation ID Manual

To ensure your trademark application is successful, you’ll want to search the Trademark Next Generation ID Manual (ID Manual). This powerful tool helps you find and specify the appropriate goods and services associated with your mark.

screenshot of TM ID Manual for trademark goods and services

How to Search the Trademark Goods and Services Manual

Searching the ID Manual is relatively straightforward. On the Main Page, you’ll find a search box in the center. Simply type your desired search term(s) into the text box and click the magnifying glass icon/click enter or return to initiate the search. The ID Manual will retrieve results that include your search term(s) in the Description field.

You have two types of search terms at your disposal:

– Single Terms: These are individual words like shoes or pillows.

– Phrases: Enclose multiple words within double quotes, like “athletic shoes” or “travel pillows.”

Unquoted term(s) will include variations on search terms while the quoted terms will provide that exact phrase, the words in that exact order.

Column Headings in the ID Manual

screenshot of trademark goods and services Manual Class, Description, Status

Understanding the column headings in the ID Manual is essential for effective searching:

Class: This column indicates the international class assigned to specific goods or services. When you hover over the class number, a popup box will display the Class Heading under the Nice Agreement for that class.

Description: The Description column provides a clear identification of goods or services retrieved from your search.

Status: Entries in the Status column are labeled with “A,” “M,” or “X,” indicating the status of that particular entry. “A,” “M,” or “X” signifies active entries generally accepted in the specified class.

The Fill-In Feature of the ID Manual

The ID Manual also features a fill-in mechanism that helps applicants specify the necessary information to make their identification acceptable. These fill-in entries use curly brackets to indicate what information needs to be provided.

Here are a couple of examples, one for goods and one for services:

Goods: Downloadable computer application software for {mobile phones, tablet computers, laptops}, namely, software for {data encryption, cybersecurity, virus protection}.

Services: User authentication services using blockchain technology for {online banking transactions, secure access to digital assets, identity verification}.

In both cases, the information within the curly brackets must be filled in by the applicant to create a complete and acceptable identification.

screenshot showing curly brackets for trademark goods and services

The Financial Aspects of Trademark Goods and Services

Part of understanding trademark goods and services is grasping how they impact you financially. Registering a trademark in the United States involves various costs, and these fees depend on the number of classes your trademark covers. Here’s a breakdown of the fees for different trademark-related processes, all billed per class for electronic filing:

For Initial Filings:

– TEAS Standard Application: $350 per class.

– TEAS Plus Application: $250 per class.

For Statement of Use (SOU):

– $100 per class.

For a Six-Month Extension for Filing an SOU:

– $125 per class.

It’s crucial to budget for these fees when you’re planning to protect your brand with a trademark. The number of classes your goods and services fall into will directly impact your expenses, so make sure to classify them accurately.

USPTO trademark fees

The 45 Classes for Trademark Goods and Services

Finally, let’s take a look at the 45 classes used for trademark goods and services:

GOODS, Trademark Classes 1-34

Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art

Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5 Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6 Common metals and their alloys, ores; metal building materials for building and construction; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; metal containers for storage or transport; safes; ores

Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines

Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus

Class 10 Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

Class 12 Vehicles; apparatus for locomotion by land, air or water

Class 13 Firearms; ammunition and projectiles; explosives; fireworks

Class 14 Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments

Class 15 Musical instruments

Class 16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching materials (except apparatus); plastic materials for sheets, films and bags for wrapping and packaging; printers’ type,; printing blocks

Class 17 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal

Class 18 Leather and imitations of leather; animal skins, and hides; trunks and traveling luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals

Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class 20 Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow amber

Class 21 Household or kitchen utensils and containers; combs and sponges; brushes, (except paintbrushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass, (except building glass used in building); glassware, porcelain and earthenware

Class 22 Ropes and string; nets; tents, awnings, and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, (except of paper, cardboard, rubber or plastics); raw fibrous textile materials and substitutes therefor

Class 23 Yarns and threads, for textile use

Class 24 Textiles and substitutes for textiles; bed covers; table covers household linen; curtains of textile or plastic

Class 25 Clothing, footwear, headgear

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair

Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28 Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees

Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

Class 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice

Class 31 Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt

Class 32 Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beers)

Class 34 Tobacco; smokers’ articles; matches

SERVICES, Trademark Classes 35-45

Class 35 Advertising; business management; business administration; office functions

Class 36 Insurance; financial affairs; monetary affairs; real estate affairs

Class 37 Building construction; repair; installation services

Class 38 Telecommunications

Class 39 Transport; packaging and storage of goods; travel arrangement

Class 40 Treatment of materials

Class 41 Education; providing of training; entertainment; sporting and cultural activities

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

Class 43 Services for providing food and drink; temporary accommodation

Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

Class 45 Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals

U.S. Classes A, B, & 200: Certification & Collective Membership Marks

In the world of trademark classification, there exist certain classes that, while venerable and historically significant, remain somewhat distinct from the modern international framework established under the Nice Agreement. Among these, we have U.S. Classes A, B, and 200. Although these classes hail from the old U.S. classification system, they continue to play a crucial role in the classification of specialized trademarks within the United States.

Examples of U.S. Trademark Classes A, B, 200
Examples of U.S. Trademark Classes: Class A, Certified Bison; Class B, Certified Tax Coach; Class 200, Hells Angels MC

U.S. Class A: This category is dedicated to the classification of certification marks for goods. Certification marks serve as a stamp of approval, indicating that goods bearing such marks meet specific standards or criteria established by an independent certifying organization.

For instance, imagine a product labeled with a certification mark that assures consumers it’s organic or eco-friendly. This mark would fall under U.S. Class A, demonstrating its adherence to quality and certification standards.

U.S. Class B: Parallel to U.S. Class A, we have U.S. Class B, which is designated for certification marks for services. This class is instrumental in distinguishing and categorizing certification marks that pertain to services rather than physical goods.

For instance, a certification mark associated with services related to environmental sustainability or professional accreditation would be categorized under U.S. Class B. Such marks signal to consumers that the services they’re engaging with adhere to particular standards.

U.S. Class 200: In a slightly different vein, U.S. Class 200 is reserved for collective membership marks. These marks are emblematic of membership in an organization, association, or collective group. They signify a shared affiliation or connection among members who adhere to common goals, values, or standards.

Collective membership marks are particularly common among professional associations, trade unions, or industry-specific organizations. When businesses or individuals use these marks, they signal their alignment with the principles and membership criteria of a particular collective group.

In Conclusion

In conclusion, trademark goods and services are the foundation of brand protection and registration. Understanding their definitions, the connection to trademark classes, searching the ID Manual, and budgeting for fees are all vital aspects of this process. By mastering these elements, you’ll be better equipped to safeguard your brand’s identity in a competitive marketplace. So, take your time, do your research, and embark on the exciting journey of trademark registration. Your brand’s future success may depend on it!

The information provided on this site is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, or completeness of any information on the Site. The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only, and is not a substitute for legal advice. Consult a licensed attorney for legal advice.

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