Trademark classification
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A trademark classification is a way the
trademark examiner A trademark examiner is an attorney employed by a government entity such as the United States Patent and Trademark Office (USPTO) to determine whether an applicant should be permitted to receive a trademark registration, thus affording legal protec ...
s and applicants'
trademark attorney A trademark attorney (U.S. spelling) or trade mark attorney or agent (UK spelling) is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters. In many countries, ...
s arrange documents, such as
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...
and
service mark A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. ...
applications, according to the description and scope of the types of goods or services to which the marks apply. The same trademark or service may be (or in many cases MUST be) classified in several classes, and some countries permit several classes to be registered in the same document. There are fees ordinarily associated with each classification, whether for initial application or later renewal. An application filed for descriptions covering more than one class of
goods In economics, goods are items that satisfy human wants and provide utility, for example, to a consumer making a purchase of a satisfying product. A common distinction is made between goods which are transferable, and services, which are not t ...
or services may also be divided later (for a fee) into several different applications for synchronization with a phased roll-out of multiple classes of products. Because of international priority claim issues, classes may be deleted from an application but not added after the initial filing date. There are often disputes regarding the exact classification to apply in an application, partly because prior registrations may already occupy broad areas that overlap the products described by a later applicant. Many countries permit marks to cover an entire class without regard to specific descriptions of goods or services. There is a general classification of marks into trademarks, service marks,
certification mark A certification mark (or conformity mark) on a commercial product indicates the existence of an accepted product standard or regulation and a claim that the manufacturer has verified compliance with those standards or regulations. The specifi ...
s and collective marks, each of which have slightly different rules. Within the broad categories of trademarks and service marks there are dozens of international classes defined for each category. See, e.g., International (Nice) Classification of Goods and Services. For the purpose of obtaining a trademark clearance, it is advisable to search all related classifications of goods and services that could interact with or be supplied by a potentially confusing mark that already exists. In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, the
USPTO The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexa ...
maintains the
Acceptable Identification of Goods and Services Manual The Acceptable Identification of Goods and Services Manual is a directory maintained by the United States Patent and Trademark Office (USPTO) outlining the different categories of goods and services recognized by that office with respect to tradema ...
to assist applicants and examiners to distinguish between classifications properly and consistently. Specific descriptions must be submitted for each type of goods and services to be covered by the registration, and overly broad terms will be rejected, depending upon how "crowded" a classification may be. {{Trademark law Trademark law United States trademark law Economic taxonomy