Every young entrepreneur wants to apply for a trademark, and most often, the question at which he/she stumbles is as to the class in which they must apply for a trademark. For instance, if a person is running a software company that builds software products for educational purposes, should they get a trademark in the field of education or in the field of software? There is no clear answer to this question. Or a person who produces chemicals for textiles – Would it fall under the category of textiles or chemicals?

The U.S. Patent and Trademark Office (USPTO) uses a list of trademark classes that lumps all goods and services into just 45 categories – 34 trademark product classes and 11 trademark service classes. At first glance, the class names can be confusing. Where do you draw the line between medical supplies (class 10) and medical services (class 44)? What’s the difference between textiles (class 24) and textile products (class 22)?

Still in doubt? Is it a Good or Service

To choose the correct trademark class, you must decide whether your trademark applies to a goods or service. A good is a physical item that people can purchase from you. Service is an activiyt that you do for others. And sometimes it is esy to tell the difference. Lets take the example, of T-shirts if you are seeling a T-shirt, and you custom print them, then you are providing printing service.

Is your Trademark for whole company or just Product or Service?

You might have Trademark that apply to your business as a whole,such as you company, name or logo, labels or any other feature that you should also want to trademark. The classification for a particular product is not necessarily the same as classification you would use for your business as a whole. For Example, if you have a company that develops gaming softwares, your company trademark promotes a software product , but suppose you want to trademark the name of new product  an online, non-downlaoadable game. That particular item service falls under class 41.

Choose a class that determines finished products not its ingredients

Suppose you sell hand knit sweaters, your sweaters belong to class  25 for clothing, not in class 23 of yarns and and threads. But in addition to sweaters you are selling hand dyed yarns, then you would register your class in class 23. Choosing the wrong trademark classescan delay or derail, your trademark registration. Take the time to understand, how to trademark and carefully consider which class to use. And lastly if you are not sure consult an IP lawyer.

Choose a Trademark classification for Goods and Services on which you actually use your trademark

Trademark registration can be very confusing as you might use you company name or logo on a lot of things. There’s the product itself, but there’s also your website, your business cards and sign outside your office. What you need to remember is that your trademark class product or service itself, not in a way you use your trademark to market that product or service.