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FREQUENTLY ASKED QUESTIONS ABOUT TRADEMARKS
Definitions
Basic
Questions
Searching
Trademarks,
Patents and Copyrights
Application
Process
Other
Definitions
What is a trademark?
A
trademark includes any word, name, symbol, or device,
or any combination, used, or intended to be used,
in commerce to identify and distinguish the goods
of one manufacturer or seller from goods manufactured
or sold by others, and to indicate the source of
the goods. In short, a trademark is a brand name.
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What
is a service mark?
A
service mark is any word, name, symbol, device,
or any combination, used, or intended to be used,
in commerce, to identify and distinguish the services
of one provider from services provided by others,
and to indicate the source of the services.
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What
is a certification mark?
A
certification mark is any word, name, symbol, device,
or any combination, used, or intended to be used,
in commerce with the owner's permission by someone
other than its owner, to certify regional or other
geographic origin, material, mode of manufacture,
quality, accuracy, or other characteristics of someone's
goods or services, or that the work or labor on
the goods or services was performed by members of
a union or other organization.
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What
is a collective mark?
A
collective mark is a trademark or service mark used,
or intended to be used, in commerce, by the members
of a cooperative, an association, or other collective
group or organization, including a mark which indicates
membership in a union, an association, or other
organization.
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Basic Questions
Do I need to register my trademark?
No.
However, federal registration has several advantages
including notice to the public of the registrant's
claim of ownership of the mark, a legal presumption
of ownership nationwide, and the exclusive right
to use the mark on or in connection with the goods
or services set forth in the registration.
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What
are the benefits of federal trademark registration?
1.
Constructive notice nationwide of the trademark
owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining
registration in foreign countries.
5. Registration may be filed with U.S. Customs Service
to prevent importation of infringing foreign goods.
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Do I have to be a U.S. citizen to obtain a federal
registration?
No.
However, an applicant's citizenship must be set
forth in the record. If an applicant is not a citizen
of any country, then a statement to that effect
is sufficient. If an applicant has dual citizenship,
then the applicant must choose which citizenship
will be printed in the Official Gazette and on the
certificate of registration.
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Where
can I get basic trademark information?
You
may access the trademark forms, plus information
about applying for a trademark, by clicking Basic Facts
About Trademarks.
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Where
can I ask a question about trademarks?
If
you need answers to specific trademark questions
or want to know more about trademarks in general,
please contact Peter T. Boyd, Esq. by filling out
our contact form.
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Are
there federal regulations governing the use of the
designations "TM" or "SM" with trademarks?
No.
Use of the symbols "TM" or "SM" (for trademark and
service mark, respectively) may, however, be governed
by local, state, or foreign laws and the laws of
the pertinent jurisdiction must be consulted. These
designations usually indicate that a party claims
rights in the mark and are often used before a federal
registration is issued.
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When
is it proper to use the federal registration symbol
(the letter R enclosed within a circle -- ® -- with
the mark.
The
federal registration symbol may be used once the
mark is actually registered in the U.S. Patent and
Trademark Office. Even though an application is
pending, the registration symbol may not be used
before the mark has actually become registered.
The federal registration symbol should only be used
on goods or services that are the subject of the
federal trademark registration. [Note: Several foreign
countries use the letter R enclosed within a circle
to indicate that a mark is registered in that country.
Use of the symbol by the holder of a foreign registration
may be proper.]
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Do
I need an attorney to file a trademark application?
No,
although it may be desirable to employ an attorney
who is familiar with trademark matters.
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What
constitutes interstate commerce?
For
goods, "Interstate commerce" involves sending the
goods across state lines with the mark displayed
on the goods or the packaging for the goods. With
services, "interstate commerce" involves offering
a service to those in another state or rendering
a service which affects interstate commerce (e.g.
restaurants, gas stations, hotels, etc.).
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How
do I find out whether a mark is already registered?
In
order to determine whether any person or company
is using a particular trademark, a trademark search
can be conducted.
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Is
a federal registration valid outside the United
States?
No.
Certain countries, however, do recognize a United
States registration as a basis for registering the
mark in those countries. Many countries maintain
a register of trademarks. The laws of each country
regarding registration must be consulted.
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Searching
Is it advisable to conduct a search of the Office
records before filing an application?
Yes.
Always conduct a trademark search before adopting,
using or registering a trademark.
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Can
the USPTO conduct a search for an applicant?
No.
After a trademark application is filed, the Patent
and Trademark Office (PTO) will conduct a search
of the records as part of the official examination
process. The official search is not done for the
applicant but rather to determine whether the mark
applied for can be registered. It is advisable to
search the records before filing the application.
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Can
trademarks be searched on-line?
We
now offer on-line searching of our trademark database.
However, this is not a subsitute for a comprehensive
trademark search report. A comprehensive trademark
search report may uncover common law uses or state
trademark uses that would bar your use in certain
geographic areas.
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Where
can I conduct a trademark search?
Searches
may be conducted onlin by filling
out our order form.
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What
are common law rights?
Federal
registration is not required to establish rights
in a trademark. Common law rights arise from actual
use of a mark. Generally, the first to either use
a mark in commerce or file an intent to use application
with the Patent and Trademark Office has the ultimate
right to use and registration.
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What
is a common law search? How can I do one? Is doing
a common law search necessary?
A
common law search involves searching records
other than the federal register and pending application
records. It may involve checking phone directories,
yellow pages, industrial directories, state trademark
registers, among others, in an effort to determine
if a particular mark is used by others when they
have not filed for a federal trademark registration.
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Trademarks, Patents and Copyrights
How do I find out if I need patent, trademark and/or copyright
protection?
Patents
protect inventions and improvements to existing
inventions. Copyrights cover literary, artistic,
and musical works. Trademarks are brand names and/or
designs which are applied to products or used in
connection with services.
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How do I register a copyright?
The
Patent and Trademark Office (PTO) does not handle
the registration of copyrights. The Copyright Office
is part of the Library of Congress (202-707-3000).
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Application Process
How do I obtain a federal trademark registration?
A
registration may be applied for online.
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Who
may file an application?
Only
the owner of the trademark may file an application
for its registration. An application filed by a
person who is not the owner of the mark will be
declared void. Generally, the person who uses or
controls the use of the mark, and controls the nature
and quality of the goods to which it is affixed,
or the services for which it is used, is the owner
of the mark.
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What
is a specimen?
A
specimen is a real-world example of how the mark
is actually used on the goods or in the offer of
services. Labels, tags, or containers for the goods
are considered to be acceptable specimens of use
for a trademark. For a service mark, specimens may
be advertising such as magazine advertisements or
brochures.
Specimens
are required in applications based on actual use
in commerce, Section 1(a), 15 U.S.C. §1051(a), and
must be filed with the Amendment to Allege Use,
15 U.S.C. §1051(c) , or the Statement of Use, 15
U.S.C. §1051(d), in applications based on a bona
fide intention to use the mark in commerce, Section
1(b), 15 U.S.C. §1051(b). Specimens are not required
for applications based on Section 44 of the Trademark
Act (for owners of foreign trademark applications
and registrations), 15 U.S.C. §1126.
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What
is the drawing?
The
"drawing" is a page which depicts the mark applicant
seeks to register. In an application based on actual
use, Section 1(a), 15 U.S.C. §1051(a), the drawing
must show the mark as it is actually used, i.e.,
as shown by the specimens. In the case of an application
based on a bona fide intention to use, Section 1(b),
15 U.S.C. §1051(b), the drawing must show the mark
as the applicant intends to use it. In an application
based on a foreign application or foreign registration,
Sections 44(d) or 44(e), 15 U.S.C. §§1126(d) and
(e), the drawing must depict the mark as it appears
or will appear on the foreign registration. The
applicant cannot register more than one mark in
a single application. Therefore, the drawing must
display only one mark.
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If
an applicant submits specimens, is a drawing still
required?
Yes.
A drawing is required in all applications, and is
used by the Office for several purposes, including
printing the mark in the Official Gazette, and ultimately,
on the registration certificate itself. Specimens,
on the other hand, are required as evidence that
a mark is in actual use in commerce.
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Do
I need an attorney to file my application?
No,
but an applicant is responsible for observing and
complying with all substantive and procedural issues
and requirements whether or not represented by an
attorney. The Patent and Trademark Office (PTO)
cannot select an attorney for an applicant. The
names of attorneys who specialize in trademark law
may be found in the telephone yellow pages, or by
contacting a local bar association.
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On
what bases can a foreign applicant file an application
for registration?
1.
Use in interstate commerce or commerce between the
United States and a foreign country.
2. Bona fide or good faith intention to use
the mark in interstate commerce or commerce between
the United States and a foreign country.
3. Ownership of an application filed in a
foreign country (if within six months of the foreign
filing date).
4. Ownership of a foreign registration (with
a certified copy).
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Can
the Office refuse to register a mark?
Yes.
The Office will refuse to register matter if it
does not function as a trademark. Not all words,
names, symbols or devices function as trademarks.
For example, matter which is merely the generic
name of the goods on which it is used cannot be
registered.
Additionally,
Section 2 of the Trademark Act (15 U.S.C. §1052)
contains several of the most common (though not
the only) grounds for refusing registration. The
grounds for refusal under Section 2 may be summarized
as:
1.
the proposed mark consists of or comprises immoral,
deceptive, or scandalous matter;
2. the proposed mark may disparage or falsely
suggest a connection with persons (living or dead),
institutions, beliefs, or national symbols, or bring
them into contempt or disrepute;
3. the proposed mark consists of or comprises
the flag or coat of arms, or other insignia of the
United States, or of any State or municipality,
or of any foreign nation;
4. the proposed mark consists of or comprises
a name, portrait or signature identifying a particular
living individual, except by that individual's written
consent; or the name, signature, or portrait of
a deceased President of the United States during
the life of his widow, if any, except by the written
consent of the widow;
5. the proposed mark so resembles a mark already
registered in the Patent and Trademark Office (PTO)
that use of the mark on applicant's goods or services
are likely to cause confusion, mistake, or deception;
6. the proposed mark is merely descriptive
or deceptively misdescriptive of applicant's goods
or services;
7. the proposed mark is primarily geographically
descriptive or deceptively geographically misdescriptive
of applicant's goods or services;
8. the proposed mark is primarily merely a
surname; and
9. matter that, as a whole, is functional.
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Can
I get a refund of monies paid to the Office?
Not
usually.
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How
can I check on the status of a pending U.S. trademark
application?
Once
you receive a filing receipt containing the serial
number of your application, you may check on the
status of a pending case by calling the Trademark
Office status line at (703) 305-8747.
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How
long does it take for a mark to be registered?
It
is difficult to predict how long it will take for
an application to mature into a registration, because
there are so many factors that can affect the process.
Generally, an applicant will receive a filing receipt
approximately six months after filing. The filing
receipt will include the serial number of the application.
All future correspondence with the PTO must include
this serial number. You should receive a response
from the Office within six to seven months from
filing the application. However, the total time
for an application to be processed may be anywhere
from almost a year to several years, depending on
the basis for filing, and the legal issues which
may arise in the examination of the application.
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How
long does a trademark registration last?
For
a trademark registration to remain valid, an Affidavit
of Use ("Section 8 Affidavit") must be filed: (1)
between the fifth and sixth year following registration,
and (2) within the year before the end of every
ten-year period after the date of registration.
The registrant may file the affidavit within a grace
period of six months after the end of the sixth
or tenth year, with payment of an additional fee.
The
registrant must also file a §9 renewal application
within the year before the expiration date of a
registration, or within a grace period of six months
after the expiration date, with payment of an additional
fee.
Assuming
that an affidavit of use is timely filed, registrations
granted PRIOR to November 16, 1989 have a 20-year
term, and registrations granted on or after November
16, 1989 have a 10-year term.
This
is also true for the renewal periods; renewals granted
PRIOR to November 16, 1989 have a 20-year term,
and renewals granted on or after November 16, 1989
have a 10-year term.
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When
did the renewal period change from twenty to ten
years?
November
16, 1989. Registrations issued on or after November
16, 1989 have a ten-year term, renewable every ten
years.
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How
long does an Intent-to-Use applicant have to allege
actual use of the mark in commerce?
An
applicant may file an Amendment to Allege Use any
time between the filing date of the application
and the date the Examining Attorney approves the
mark for publication. If an Amendment to Allege
Use is not filed, then applicant has six months
from the issuance of the Notice of Allowance to
file a Statement of Use, unless the applicant requests
and is granted an extension of time. If the applicant
fails to file either an Amendment to Allege Use
or a Statement of Use within the time limits allowed,
then the application will be declared abandoned.
No registration will be granted.
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What
are the different classes of goods and services?
GOODS
CLASS
1 (Chemicals)
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.
Explanatory
Note
This
class includes mainly chemical products used in
industry, science and agriculture, including those
which go to the making of products belonging to
other classes.
Includes,
in particular:
- compost;
- salt
for preserving other than for foodstuffs.
Does
not include, in particular:
- raw
natural resins (Cl. 02);
- chemical
products for use in medical science (Cl. 05);
- fungicides,
herbicides and preparations for destroying
vermin (Cl. 05);
- adhesives
for stationery or household purposes (Cl.
16);
- salt
for preserving foodstuffs (Cl. 30);
- straw
mulch (Cl. 31).
CLASS
2 (Paints)
Paints,
varnishes, lacquers; preservatives against rust
and against deterioration of wood; colorants;
mordants; raw natural resins; metals in foil and
powder form for painters, decorators, printers
and artists.
Explanatory
Note
This
class includes mainly paints, colorants and preparations
used for the protection against corrosion.
Includes,
in particular:
- paints,
varnishes and lacquers for industry, handicrafts
and arts;
- dyestuffs
for clothing;
- colorants
for foodstuffs and beverages.
Does
not include, in particular:
- unprocessed
artificial resins (Cl. 01);
- laundry
bluing (Cl. 03);
- cosmetic
dyes (Cl. 03);
- mordants
for seed (Cl. 05);
- paint
boxes (articles for use in school) (Cl. 16);
- insulating
paints and varnishes (Cl. 17).
CLASS
3 (Cosmetics and cleaning preparations)
Bleaching
preparations and other substances for laundry
use; cleaning, polishing, scouring and abrasive
preparations; soaps; perfumery, essential oils,
cosmetics, hair lotions; dentifrices.
Explanatory
Note
This
class includes mainly cleaning preparations and
toilet preparations.
Includes,
in particular:
- deodorants
for personal use;
- sanitary
preparations being toiletries.
Does
not include, in particular:
- chemical
chimney cleaners (Cl. 01);
- degreasing
preparations for use in manufacturing processes
(Cl. 01);
- deodorants
other than for personal use (Cl. 05);
- sharpening
stones and grindstones (hand tools) (Cl. 08).
CLASS
4 (Lubricants and fuels)
Industrial
oils and greases; lubricants; dust absorbing,
wetting and binding compositions; fuels (including
motor spirit) and illuminants; candles, wicks.
Explanatory
Note
This
class includes mainly industrial oils and greases,
fuels and illuminants.
Does
not include, in particular:
- certain
special industrial oils and greases (consult
the Alphabetical List of Goods).
CLASS
5 (Pharmaceuticals)
Pharmaceutical,
veterinary and sanitary preparations; dietetic
substances adapted for medical use, food for babies;
plasters, materials for dressings; material for
stopping teeth, dental wax; disinfectants; preparations
for destroying
vermin; fungicides, herbicides.
Explanatory
Note
This
class includes mainly pharmaceuticals and other
preparations for medical purposes.
Includes,
in particular:
- sanitary
preparations for medical purposes and for
personal hygiene;
- deodorants
other than for personal use;
- cigarettes
without tobacco, for medical purposes.
Does
not include, in particular:
- sanitary
preparations being toiletries (Cl. 03);
- deodorants
for personal use (Cl. 03);
- supportive
bandages (Cl. 10).
CLASS
6 (Metal goods)
Common
metals and their alloys; metal building materials;
transportable buildings of metal; materials of
metal for railway tracks; non-electric cables
and wires of common metal; iron mongery, small
items of metal hardware; pipes and tubes of metal;
safes; goods of common metal not included in other
classes; ores.
Explanatory
Note
This
class includes mainly unwrought and partly wrought
common metals as well as simple products made
of them.
Does
not include, in particular:
- bauxite
(Cl. 01);
- mercury,
antimony, alkaline and alkaline-earth metals
(Cl. 01);
- metals
in foil and powder form for painters, decorators,
printers and artists (Cl. 02).
CLASS
7 (Machinery)
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.
Explanatory
Note
This
class includes mainly machines, machine tools,
motors and engines.
Includes,
in particular:
- parts
of motors and engines (of all kinds);
- electric
cleaning machines and apparatus.
Does
not include, in particular:
- certain
special machines and machine tools (consult
the Alphabetical List of Goods);
- hand
tools and implements, hand operated (Cl. 08);
- motors
and engines for land vehicles (Cl. 12).
CLASS
8 (Hand tools)
Hand
tools and implements (hand operated); cutlery;
side arms; razors.
Explanatory
Note
This
class includes mainly hand operated implements
used as tools in the respective professions.
Includes,
in particular:
- cutlery
of precious metals;
- electric
razors and clippers (hand instruments).
Does
not include, in particular:
- certain
special instruments (consult the Alphabetical
List of Goods);
- machine
tools and implements driven by a motor (Cl.
07);
- surgical
cutlery (Cl. 10);
- paperknives
(Cl. 16);
- fencing
weapons (Cl. 28).
CLASS
9 (Electrical and scientific apparatus)
Scientific,
nautical, surveying, electric, photographic, cinematographic,
optical, weighing, measuring, signaling, checking
(supervision), lifesaving and teaching apparatus
and instruments; apparatus for recording, transmission
or reproduction of sound or images; magnetic data
carriers, recording discs; automatic vending machines
and mechanisms for coin operated apparatus; cash
registers, calculating machines, data processing
equipment and computers; fire-extinguishing apparatus.
Explanatory
Note
Includes,
in particular:
- apparatus
and instruments for scientific research in
laboratories;
- apparatus
and instruments for controlling ships, such
as apparatus and instruments, for measuring
and for transmitting orders;
- the
following electrical apparatus and instruments:
a.
certain electrothermic tools and apparatus,
such as electric soldering irons, electric
flat irons which, if they were not electric,
would belong to Class 8;
b. apparatus and devices
which, if not electrical, would be listed
in various classes, i.e., electrically
heated clothing, cigar-lighters for automobiles;
- protractors;
punched card office machines; amusement apparatus
adapted for use with television receivers
only.
Does
not include, in particular:
- the
following electrical apparatus and instruments:
a.
electromechanical apparatus for the kitchen
(grinders and mixers for foodstuffs, fruit-presses,
electrical coffee mills, etc.), and certain
other apparatus and instruments driven
by an electrical motor, all coming under
Class 7;
b. electric razors and
clippers (hand instruments) (Cl. 08);
electric toothbrushes and combs (Cl. 21);
c. electrical apparatus
for space heating or for the heating of
liquids, for cooking, ventilating, etc.
(Cl. 11);
- clocks
and watches and other chronometric instruments
(Cl. 14);
- control
clocks (Cl. 14).
CLASS
10 (Medical apparatus)
Surgical,
medical, dental and veterinary apparatus and instruments,
artificial limbs, eyes and teeth; orthopedic articles;
suture materials.
Explanatory
Note
This
class includes mainly medical apparatus, instruments
and articles.
Includes,
in particular:
- special
furniture for medical use;
- hygienic
rubber articles (consult the Alphabetical
List of Goods);
- supportive
bandages.
CLASS
11 (Environmental control apparatus)
Apparatus
for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply
and sanitary purposes.
Explanatory
Note
Includes,
in particular:
- air
conditioning apparatus;
- bedwarmers,
hot water bottles, warming pans, electric
or non-electric;
- electrically
heated cushions (pads) and blankets, not for
medical purposes;
- electric
kettles;
- electric
cooking utensils.
Does
not include, in particular:
- steam
producing apparatus (parts of machines) (Cl.
07);
- electrically
heated clothing (Cl. 09).
CLASS
12 (Vehicles)
Vehicles;
apparatus for locomotion by land, air or water.
Explanatory
Note
Includes,
in particular:
- motors
and engines for land vehicles;
- couplings
and transmission components for land vehicles;
- air
cushion vehicles.
Does
not include, in particular:
- certain
parts of vehicles (consult the Alphabetical
List of Goods);
- railway
material of metal (Cl. 06);
- motors,
engines, couplings and transmission components
other than for land vehicles (Cl. 07);
- parts
of motors and engines (of all kinds) (Cl.
07).
CLASS
13 (Firearms)
Firearms;
ammunition and projectiles; explosives; fireworks.
Explanatory
Note
This
class includes mainly firearms and pyrotechnical
products.
Does
not include, in particular:
CLASS
14 (Jewelry)
Precious
metals and their alloys and goods in precious
metals or coated therewith, not included in other
classes; jewelry, precious stones; horological
and chronometric instruments.
Explanatory
Note
This
class includes mainly precious metals, goods in
precious metals and, in general, jewelry, clocks
and watches.
Includes,
in particular:
- jewelry
(i.e. imitation jewelry and jewelry of precious
metal and stones);
- cuff
links, tie pins.
Does
not include, in particular:
- certain
goods in precious metals (classified according
to their function or purpose), for example:
- metals
in foil and powder form for painters, decorators,
printers and artists (Cl. 02);
- amalgam
of gold for dentists (Cl. 05);
- cutlery
(Cl. 08);
- electric
contacts (Cl. 09);
- pen
nibs of gold (Cl. 16);
- objects
of art not in precious metals (classified
according to the material of which they consist).
CLASS
15 (Musical Instruments)
Musical
instruments.
Explanatory
Note
Includes,
in particular:
- mechanical
pianos and their accessories;
- musical
boxes;
- electrical
and electronic musical instruments.
Does
not include, in particular:
- apparatus
for the recording, transmission, amplification
and reproduction of sound (Cl. 09).
CLASS
16 (Paper goods and printed matter)
Paper,
cardboard and goods made from these materials,
not included in other classes; printed matter;
bookbinding material; photographs; stationery;
adhesives for stationery or household purposes;
artists' materials; paint brushes; typewriters
and office requisites (except furniture); instructional
and teaching material (except apparatus); plastic
materials for packaging (not included in other
classes); playing cards; printers' type; printing
blocks.
Explanatory
Note
This
class includes mainly paper, goods made from that
material and office requisites.
Includes,
in particular:
- paper
knives;
- duplicators;
- plastic
sheets, sacks and bags for wrapping and packaging.
Does
not include, in particular:
- certain
goods made of paper and cardboard (consult
the Alphabetical List of Goods);
- colors
(Cl. 02);
- hand
tools for artists (for example: spatulas,
sculptors' chisels) (Cl. 08).
CLASS
17 (Rubber goods)
Rubber,
gutta-percha, gum, asbestos, mica and goods made
from these materials and not included in other
classes; plastics in extruded form for use in
manufacture; packing, stopping and insulating
materials; flexible pipes, not of metal.
Explanatory
Note
This
class includes mainly electrical, thermal and
acoustic insulating materials and plastics, being
for use in manufacture in the form of sheets,
blocks and rods.
Includes,
in particular:
- rubber
material for recapping tires;
- padding
and stuffing materials of rubber or plastics;
- floating
anti-pollution barriers.
CLASS
18 (Leather goods)
Leather
and imitations of leather, and goods made of these
materials and not included in other classes; animal
skins, hides; trunks and traveling bags; umbrellas,
parasols and walking sticks; whips, harness and
saddlery.
Explanatory
Note
This
class includes mainly leather, leather imitations,
travel goods not included in other classes and
saddlery.
Does
not include, in particular:
- clothing,
footwear, headgear (consult the Alphabetical
List of Goods).
CLASS
19 (Nonmetallic building materials)
Building
materials (nonmetallic); nonmetallic rigid pipes
for building; asphalt, pitch and bitumen; nonmetallic
transportable buildings; monuments, not of metal.
Explanatory
Note
This
class includes mainly nonmetallic building materials.
Includes,
in particular:
- semi-worked
woods (for example: beams, planks, panels);
- veneers;
- building
glass (for example: floor slabs, glass tiles);
- glass
granules for marking out roads;
- letter
boxes of masonry.
Does
not include, in particular:
- cement
preservatives and cement-waterproofing preparations
(Cl. 01);
- fireproofing
preparations (Cl. 01).
CLASS
20 (Furniture and articles not otherwise classified)
Furniture,
mirrors, picture frames; goods (not included in
other classes) of wood, cork, reed, cane, wicker,
horn, bone, ivory, whalebone, shell, amber, mother-of-pearl,
meerschaum and substitutes for all these materials,
or of plastics.
Explanatory
Note
This
class includes mainly furniture and its parts
and plastic goods, not included in other classes.
Includes,
in particular:
- metal
furniture and furniture for camping;
- bedding
(for example: mattresses, spring mattresses,
pillows);
- looking
glasses and furnishing or toilet mirrors;
- registration
number plates not of metal;
- letter
boxes not of metal or masonry.
Does
not include, in particular:
- certain
special types of mirrors, classified according
to their function or purpose (consult the
Alphabetical List of Goods);
- special
furniture for laboratories (Cl. 09);
- special
furniture for medical use (Cl. 10);
- bedding
linen (Cl. 24);
- eiderdowns
(Cl. 24).
CLASS
21 (Housewares and glass)
Household
or kitchen utensils and containers (not of precious
metal or coated therewith); combs and sponges;
brushes (except paint brushes); brush-making materials;
articles for cleaning purposes; steel wool; un-worked
or semi-worked glass (except glass used in building);
glassware, porcelain and earthenware not included
in other classes.
Explanatory
Note
This
class includes mainly small, hand-operated, utensils
and apparatus for household and kitchen use as
well as toilet utensils, glassware and articles
in porcelain.
Includes,
in particular:
- utensils
and containers for household and kitchen use,
for example:
- kitchen
utensils, pails, and pans of iron, aluminum,
plastics and other materials, small hand-operated
apparatus for mincing, grinding, pressing,
etc.;
- candle
extinguishers, not of precious metal;
- electric
combs;
- electric
toothbrushes;
- dish
stands and decanter stands.
Does
not include, in particular:
- certain
goods made of glass, porcelain and earthenware
(consult the Alphabetical List of Goods);
- cleaning
preparations, soaps, etc. (Cl. 03);
- small
apparatus for mincing, grinding, pressing,
etc., driven by electricity (Cl. 07);
- razors
and shaving apparatus, clippers (hand instruments),
metal implements and utensils for manicure
and pedicure (Cl. 08);
- cooking
utensils, electric (Cl. 11);
- toilet
mirrors (Cl. 20).
CLASS
22 (Cordage and fibers)
Ropes,
string, nets, tents, awnings, tarpaulins, sails,
sacks and bags (not included in other classes);
padding and stuffing materials (except of rubber
or plastics); raw fibrous textile materials.
Explanatory
Note
This
class includes mainly rope and sail manufacture
products, padding and stuffing materials and
raw fibrous textile materials.
Includes,
in particular:
- cords
and twines in natural or artificial textile
fibres, paper or plastics.
Does
not include, in particular:
- certain
nets, sacs and bags (consult the Alphabetical
List of Goods);
- strings
for musical instruments (Cl. 15).
CLASS
23 (Yarns and threads)
Yarns
and threads, for textile use.
CLASS
24 (Fabrics)
Textiles
and textile goods, not included in other classes;
bed and table covers.
Explanatory
Note
This
class includes mainly textiles (piece goods) and
textile covers for household use.
Includes,
in particular:
Does
not include, in particular:
- certain
special textiles (consult the Alphabetical
List of Goods);
- electrically
heated blankets (Cl. 10);
- table
linen of paper (Cl. 16);
- horse
blankets (Cl. 18).
CLASS
25 (Clothing)
Clothing,
footwear, headgear.
Explanatory
Note
Does
not include, in particular:
- certain
clothing and footwear for special use (consult
the Alphabetical List of Goods).
CLASS
26 (Fancy goods)
Lace
and embroidery, ribbons and braid; buttons, hooks
and eyes, pins and needles; artificial flowers.
Explanatory
Note
This
class includes mainly dressmakers' articles.
Includes,
in particular:
Does
not include, in particular:
- certain
special types of hooks (consult the Alphabetical
List of Goods);
- certain
special types of needles (consult the Alphabetical
List of Goods);
- yarns
and threads for textile use (Cl. 23).
CLASS
27 (Floor coverings)
Carpets,
rugs, mats and matting, linoleum and other materials
for covering existing floors; wall hangings (non-textile).
Explanatory
Note
This
class includes mainly products intended to be
added as furnishings to previously constructed
floors and walls.
CLASS
28 (Toys and sporting goods)
Games
and playthings; gymnastic and sporting articles
not included in other classes; decorations for
Christmas trees.
Explanatory
Note
Includes,
in particular:
- fishing
tackle;
- equipment
for various sports and games.
Does
not include, in particular:
- Christmas
tree candles (Cl. 04);
- diving
equipment (Cl. 09);
- amusement
apparatus adapted for use with television
receivers only (Cl. 09);
- electrical
lamps (garlands) for Christmas trees (Cl.
11);
- playing
cards (Cl. 16);
- fishing
nets (Cl. 22);
- clothing
for gymnastics and sports (Cl. 25);
- confectionery
and chocolate decorations for Christmas trees
(Cl. 30).
CLASS
29 (Meats and processed foods)
Meat,
fish, poultry and game; meat extracts; preserved,
dried and cooked fruits and vegetables; jellies,
jams, fruit sauces; eggs, milk and milk products;
edible oils and fats.
Explanatory
Note
This
class includes mainly foodstuffs of animal origin
as well as vegetables and other horticultural
comestible products which are prepared for consumption
or conservation.
Includes,
in particular:
- milk
beverages (milk predominating).
Does
not include, in particular:
- certain
foodstuffs of plant origin (consult the Alphabetical
List of Goods);
- baby
food (Cl. 05);
- dietetic
substances adapted for medical use (Cl. 05);
- salad
dressings (Cl. 30);
- fertilized
eggs for hatching (Cl. 31);
- foodstuffs
for animals (Cl. 31);
- living
animals (Cl. 31).
CLASS
30 (Staple foods)
Coffee,
tea, cocoa, sugar, rice, tapioca, sago, artificial
coffee; flour and preparations made from cereals,
bread, pastry and confectionery, ices; honey,
treacle; yeast, baking-powder; salt, mustard;
vinegar, sauces (condiments); spices; ice.
Explanatory
Note
This
class includes mainly foodstuffs of plant origin
prepared for consumption or conservation as
well as auxiliaries intended for the improvement
of the flavour of food.
Includes,
in particular:
- beverages
with coffee, cocoa or chocolate base;
- cereals
prepared for human consumption (for example:
oat flakes and those made of other cereals).
Does
not include, in particular:
- certain
foodstuffs of plant origin (consult the Alphabetical
List of Goods);
- salt
for preserving other than for foodstuffs (Cl.
01);
- medicinal
teas and dietetic substances adapted for medical
use (Cl. 05);
- baby
food (Cl. 05);
- raw
cereals (Cl. 31);
- foodstuffs
for animals (Cl. 31).
CLASS
31 (Natural agricultural products)
Agricultural,
horticultural and forestry products and grains
not included in other classes; living animals;
fresh fruits and vegetables; seeds, natural plants
and flowers; foodstuffs for animals, malt.
Explanatory
Note
This
class includes mainly land products not having
been subjected to any form of preparation for
consumption, living animals and plants as well
as foodstuffs for animals.
Includes,
in particular:
- raw
woods;
- raw
cereals;
- fertilized
eggs for hatching;
- mollusca
and crustacea (live).
Does
not include, in particular:
- cultures
of micro-organisms and leeches for medical
purposes (Cl. 05);
- semi-worked
woods (Cl. 19);
- artificial
fishing bait (Cl. 28);
- rice
(Cl. 30);
- tobacco
(Cl. 34).
CLASS
32 (Light beverages)
Beers;
mineral and aerated waters and other nonalcoholic
drinks; fruit drinks and fruit juices; syrups
and other preparations for making beverages.
Explanatory
Note
This
class includes mainly nonalcoholic beverages,
as well as beer.
Includes,
in particular:
Does
not include, in particular:
- beverages
for medical purposes (Cl. 05);
- milk
beverages (milk predominating) (Cl. 29);
- beverages
with coffee, cocoa or chocolate base (Cl.
30).
CLASS
33 (Wine and spirits)
Alcoholic
beverages (except beers).
Explanatory
Note
Does
not include, in particular:
- medicinal
drinks (Cl. 05);
- de-alcoholized
drinks (Cl. 32).
CLASS
34 (Smokers' articles)
Tobacco;
smokers' articles; matches.
Explanatory
Note
Includes,
in particular:
- tobacco
substitutes (not for medical purposes).
Does
not include, in particular:
- cigarettes
without tobacco, for medical purposes (Cl.
05);
- certain
smokers' articles in precious metal (Cl. 14)
(consult the Alphabetical List of Goods).
SERVICES
CLASS
35 (Advertising and business)
Advertising;
business management; business administration;
office functions.
Explanatory
Note
This
class includes mainly services rendered by persons
or organizations principally with the object of:
1.
help in the working or management of a commercial
undertaking, or
2.
help in the management of the business affairs
or commercial functions of an industrial or commercial
enterprise, as well as services rendered by advertising
establishments primarily undertaking communications
to the public, declarations or announcements by
all means of diffusion and concerning all kinds
of goods or services.
Includes,
in particular:
- services
consisting of the registration, transcription,
composition, compilation, or systematization
of written communications and registrations,
and also the exploitation or compilation of
mathematical or statistical data;
- services
of advertising agencies and services such as
the distribution of prospectuses, directly or
through the post, or the distribution of samples.
This class may refer to advertising in connection
with other services, such as those concerning
bank loans or advertising by radio; the bringing
together, for the benefit of others, of a variety
of goods (excluding the transport thereof),
enabling customers to conveniently view and
purchase those goods.
Does
not include, in particular:
- activity
of an enterprise the primary function of which
is the sale of goods, i.e., of a so-called commercial
enterprise;
- services
such as evaluations and reports of engineers
which do not directly refer to the working or
management of affairs in a commercial or industrial
enterprise (consult the Alphabetical List of
Services);
- professional
consultations and the drawing up of plans not
connected with the conduct of business (Cl.
42).
CLASS
36 (Insurance and financial)
Insurance;
financial affairs; monetary affairs; real estate
affairs.
Explanatory
Note
This
class includes mainly services rendered in financial
and monetary affairs and services rendered in
relation to insurance contracts of all kinds.
Includes,
in particular:
- services
relating to financial or monetary affairs
comprise the following:
a.
services of all the banking establishments,
or institutions connected with them such
as exchange brokers or clearing services;
b.
services of credit institutions other
than banks such as cooperative credit
associations, individual financial companies,
lenders, etc.;
c.
services of "investment trusts," of holding
companies;
d.
services of brokers dealing in shares
and property;
e.
services connected with monetary affairs
vouched for by trustees;
f.
services rendered in connection with the
issue of travelers' checks and letters
of credit;
g.
services of realty administrators of buildings,
i.e., services of letting or valuation,
or financing;
h.
services dealing with insurance such as
services rendered by agents or brokers
engaged in insurance, services rendered
to insured, and insurance underwriting
services.
CLASS 37 (Building construction and repair)
Building
construction; repair; installation services.
Explanatory
Note
This
class includes mainly services rendered by contractors
or subcontractors in the construction or making
of permanent buildings, as well as services rendered
by persons or organizations engaged in the restoration
of objects to their original condition or in their
preservation without altering their physical or
chemical properties.
Includes,
in particular:
CLASS
38 (Telecommunications)
Explanatory
Note
This
class includes mainly services allowing at least
one person to communicate with another by a sensory
means. Such services include those which:
1.
allow a person to talk to another,
2.
transmit messages from one person to another,
and
3.
place a person in oral or visual communication
with another (radio and television).
Includes,
in particular:
- services
which consist essentially of the diffusion
of radio or television programs.
- Does
not include, in particular:
- radio
advertising services (Cl. 35).
CLASS
39 (Transportation and storage)
Transport;
packaging and storage of goods; travel arrangement.
Explanatory
Note
This
class includes mainly services rendered in transporting
people or goods from one place to another (by
rail, road, water, air or pipeline) and services
necessarily connected with such transport, as
well as services relating to the storing of goods
in a warehouse or other building for their preservation
or guarding.
Includes,
in particular:
- services
rendered by companies exploiting stations,
bridges, rail-road ferries, etc., used by
the transporter;
- services
connected with the hiring of transport vehicles;
- services
connected with maritime tugs, unloading, the
functioning of ports and docks and the salvaging
of wrecked ships and their cargoes;
- services
connected with the functioning of airports;
- services
connected with the packaging and parceling
of goods before dispatch;
- services
consisting of information about journeys or
the transport of goods by brokers and tourist
agencies, information relating to tariffs,
timetables and methods of transport;
- services
relating to the inspection of vehicles or
goods before transport.
Does
not include, in particular:
- services
relating to advertising transport undertakings
such as the distribution of prospectuses or
advertising on the radio (Cl. 35);
- services
relating to the issuing of travelers' checks
or letters of credit by brokers or travel
agents (Cl. 36);
- services
relating to insurance (commercial, fire or
life) during the transport of persons or goods
(Cl. 36);
- services
rendered by the maintenance and repair of
vehicles, nor the maintenance or repair of
objects connected with the transport of persons
or goods (Cl. 37);
- services
relating to reservation of rooms in a hotel
by travel agents or brokers (Cl. 42).
CLASS
40 (Treatment of materials)
Treatment
of materials.
Explanatory Note
This
class includes mainly services not included in
other classes, rendered by the mechanical or chemical
processing or transformation of objects or inorganic
or organic substances.
For
the purposes of classification, the mark is considered
a service mark only in cases where processing
or transformation is effected for the account
of another person. A mark is considered a trade
mark in all cases where the
substance
or object is marketed by the person who processed
or transformed it.
Includes,
in particular:
- services
relating to transformation of an object or
substance and any process involving a change
in its essential properties (for example,
dyeing a garment); consequently, a maintenance
service, although usually in Class 37, is
included in Class 40 if it entails such a
change (for example, the chroming of motor
vehicle bumpers);
- services
of material treatment which may be present
during the production of any substance or
object other than a building; for example,
services which involve cutting, shaping, polishing
by abrasion or metal coating.
Does
not include, in particular:
- repair
services (Cl. 37).
CLASS
41 (Education and entertainment)
Education;
providing of training; entertainment; sporting
and cultural activities.
Explanatory
Note
This
class contains mainly services rendered by persons
or institutions in the development of the mental
faculties of persons or animals, as well as services
intended to entertain or to engage the attention.
Includes,
in particular:
- services
consisting of all forms of education of persons
or training of animals;
- services
having the basic aim of the entertainment,
amusement or
- recreation
of people.
CLASS
42 (Computer, scientific & legal)
Scientific
and technological services and research and design
relating thereto:
industrial analysis and research services; design
and development of computer hardware and software;
legal services.
Explanatory Note
Class
42 includes mainly services provided by persons,
individually or collectively, in relation to the
theoretical and practical aspects of complex fields
of activities; such services are provided by members
of professions such as chemists, physicists, engineers,
computer specialists, lawyers, etc.
Includes,
in particular:
- the
services of engineers who undertake evaluations,
estimates, research and reports in the scientific
and technological fields
- scientific
research services for medical purposes
Does
not include, in particular:
- business
research and evaluations (Cl. 35);
- word
processing and computer file management services
(Cl. 35);
- financial
and fiscal evaluations (Cl. 36);
- mining
and oil extraction (Cl. 37);
- computer
(hardware) installation and repair services
(Cl. 37);
- services
provided by the members of professions such
as medical doctors, veterinary surgeons, psychoanalysts
(Cl. 44);
- medical
treatment services (Cl. 44);
- garden
design (Cl. 44).
CLASS
43 (Hotels and Restaurants)
Services
for providing food and drink; temporary accommodations.
Explanatory Note
Class
43 includes mainly services provided by persons
or establishments whose aim is to prepare food
and drink for consumption and services provided
to obtain bed and board in hotels, boarding houses
or other establishments providing temporary accommodations.
Includes,
in particular:
- reservation
services for travellers' accommodations, particularly
through travel agencies or brokers;
- boarding
for animals.
Does
not include, in particular:
CLASS
44 (Medical, beauty & agricultural)
Medical
services; veterinary services; hygienic and beauty
care for human beings or animals; agriculture,
horticulture and forestry services.
Explanatory Note
Class
44 includes mainly medical care, hygienic and
beauty care given by persons or establishments
to human beings and animals; it also includes
services relating to the fields of agriculture,
horticulture and forestry.
Includes,
in particular:
- medical
analysis services relating to the treatment
of persons (such as x-ray examinations and
taking of blood samples);
- artificial
insemination services;
- pharmacy
advice;
- animal
breeding;
- services
relating to the growing of plants such as
gardening;
- services
relating to floral art such as floral compositions
as well as garden design.
Does
not include, in particular:
- vermin
extermination (other than for agriculture,
horticulture and forestry) (Cl. 37);
- installation
and repair services for irrigation systems
(Cl. 37);
- ambulance transport (Cl. 39);
- animal
slaughtering services and taxidermy (Cl. 40);
- timber
felling and processing (Cl. 40);
- animal
training services (Cl. 41);
- health
clubs for physical exercise (Cl. 41);
- scientific
research services for medical purposes (Cl.
42);
- boarding
for animals (Cl. 43);
- retirement
homes (Cl. 43).
CLASS
45 (Personal)
Personal
and social services rendered by others to meet
the needs of individuals; security services for
the protection of property and individuals.
Explanatory Note
Includes,
in particular:
- investigation
and surveillance services relating to the
safety of persons and entities;
- services
provided to individuals in relation with social
events, such as social escort services, matrimonial
agencies, funeral services.
Does
not include, in particular:
- professional
services giving direct aid in the operations
or functions of a commercial undertaking (Cl.
35);
- services
relating to financial or monetary affairs
and services dealing with insurance (Cl. 36);
- escorting
of travellers (Cl. 39);
- security
transport (Cl. 39);
- services
consisting of all forms of education of persons
(Cl. 41);
- performances
of singers and dancers (Cl. 41);
- legal
services (Cl. 42);
- services
provided by others to give medical, hygienic
or beauty care for human beings or animals
(cl. 44);
- certain
rental services (consult the Alphabetical
List of Services and General Remark (b) relating
to the classification of services).
^ Back to the Contents
Other
How
do I contest someone else using a trademark similar
to mine?
There
are several ways to dispute use of your trademark
by a third party. Depending on the factual situation,
the Trademark Office may or may not be the proper
forum. You should consider contacting MarkLawyer.
^ Back to the Contents
Is
the name of a band a trademark?
It
depends on how it is used. A band name may function
as a service mark for entertainment services in
the nature of performances by a musical group if
it is used to identify and distinguish the service
of providing live performances (see TMEP §§1301.01(b)(i)
and 1301.02(b)), or as a trademark for a series
of musical recordings (see TMEP §1202).
^ Back to the Contents
Can
a minor file a trademark application?
This
depends upon state law. If the person can validly
enter into binding legal obligations in the state,
then that person may sign a trademark application.
Otherwise, a parent or legal guardian must sign
the application, clearly setting forth their status
as a parent or legal guardian of the applicant.
^ Back to the Contents
Can
the ownership of a trademark be assigned or transferred
from one person to another?
Yes.
A registered mark, or a mark for which an application
to register has been filed is assignable. Written
assignments may be recorded in the U.S. Patent and
Trademark Office for a fee. MarkLawyer can assit
you in this process.
^ Back to the Contents
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TRADEMARK
SEARCH
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TRADEMARK
MONITORING
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TRADEMARK
APPLICATION
. . . . .
LEGAL
ADVICE REGARDING TRADEMARKS
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