FAQs
HELPFUL...
CONTENTS
GENERAL
What is a trademark or
service mark?
What is a
certification mark?
What is a collective mark?
What are the advantages of
a federal trademark registration?
Do I have to be a U.S. Citizen
to obtain a
federal registration?
When can I use the
trademark symbols TM, SM and ®?
What is the commitment
to the public of the USPTO?
ABOUT THE APPLICATION
What pieces of
information must the application include?
What exactly is the
"name of the applicant"?
Do I have to be a
U.S. citizen to apply?
What exactly is the
"name and address for correspondence"?
What is a "clear
drawing of the mark"?
What type of drawings
are accepted?
What is a
"typed" drawing mark?
What is a
"stylized or design form" drawing mark?
What exactly is "a listing of goods and
services"?
Can I change the goods and/or services after filing my
application?
Does
receiving a filing date
and a serial number mean that all the application requirements have been
satisfied?
ABOUT FEES
What is the USPTO "application
filing
fee"?
Are there other USPTO filing fees?
CLASSES
What are Classes of goods and
services?
MAINTENANCE
What
does trademark maintenance consist of?
___________________
What is a trademark or
service mark?
- "A trademark is
a word, phrase, symbol or design, or a combination of words, phrases,
symbols or designs, that identifies and distinguishes the source of the
goods of one party from those of others.
- A service mark
is the same as a trademark, except that it identifies and distinguishes the
source of a service rather than a product."(*)
>>
Back to the contents
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."(*)
>>
Back
to the contents
What is 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".(*)
>>
Back to the contents
What are the advantages of
a federal trademark registration?
"...Owning a federal trademark registration on the Principal Register
provides several advantages, e.g.,
- constructive notice to
the public of the registrant's claim of ownership of the mark;
- a legal presumption of
the registrant's ownership of the mark and the registrant's exclusive right
to use the mark nationwide on or in connection with the goods and/or
services listed in the registration;
- the ability to bring an
action concerning the mark in federal court;
- the use of the U.S.
registration as a basis to obtain registration in foreign countries; and
- the ability to file the
U.S. registration with the U.S. Customs Service to prevent importation of
infringing foreign goods"(*)
>>
Back to the contents
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."(*)
>>
Back
to the contents
When can I use the
trademark symbols TM, SM and ®?
Any time you claim rights
in a mark, you may use the "TM" (trademark) or "SM" (service
mark) designation to alert the public to your claim, regardless of whether you
have filed an application with the USPTO. However, you may use the federal
registration symbol "®" only after the USPTO actually registers
a mark, and not while an application is pending. Also, you may use
the registration symbol with the mark only on or in connection with the goods
and/or services listed in the federal trademark registration."(*) Also, you
can use the symbol"®" if a registration has been granted in a country
other than the U.S.A., and that country uses the symbol "®" to
identify registered trademarks.
>>
Back
to the contents
What is the commitment
to the public of the USPTO?
"The United States Patent and Trademark Office (USPTO) reviews
trademark applications for federal registration and determines whether an
applicant meets the requirements for federal registration...."(*) But the
USPTO cannot:
- "conduct trademark
searches for the public;
- comment on the validity
of registered marks;
- answer questions on
whether a particular mark or type of mark is eligible for trademark
registration; or
- offer legal advice or
opinions about common law trademark rights, state registrations, or
trademark infringement claims."(*)
>>
Back to the contents
ABOUT
THE APPLICATION
What pieces of
information must the application include?
"An
application must include the following elements before the USPTO will accept it:
- the name of the
applicant;
- a name and address for
correspondence;
- a clear drawing of the
mark;
- a listing of the goods
or services; and
- the filing fee for at
least one class of goods or services."(*)
If the application does
not contain such a basic pieces of information it will not be accepted by the
USPTO.(*)
When you apply using our firm you are required only basic contact and mark
information necessary for us to start the trademark availability search. The professional
in charge of the file contacts the applicant when other pieces of information are
needed.
>>
Back
to the contents
What exactly is the
"name of the applicant"?
It is the name of the owner of the mark. "The owner of the mark is the
person or entity who controls the nature and quality of the goods identified by
the mark and/or the services rendered in connection with the mark. The owner may
be an individual, corporation, partnership, or other type of legal
entity."(*)
>>
Back
to the contents
"Do I have to be a
U.S. citizen to apply?
No.
>>
Back
to the contents
What exactly is the
"name and address for correspondence"?
"The name and address
for correspondence is the address where the USPTO will send communications
concerning the application. It may be that of the applicant or the applicant’s
legal representative."(*)
>>
Back
to the contents
What is a "clear
drawing of the mark"?
It is a clear
representation of the mark.
>>
Back to the contents
What type of drawings
are accepted?
Two types of drawing: "typed drawing" and "stylized or design form"
drawing?
>>
Back
to the contents
What is a
"typed" drawing mark?
It is a mark comprised of
word(s), letter(s), and/or number(s), with no particular stylization or design
element included in the mark.
>>
Back
to the contents
What is a
"stylized or design form" drawing mark?
It is a mark represented
by stylized lettering, a design or logo, or a combination of them.
>>
Back to the contents
What exactly is "a listing of goods and
services"?
It is the specification of the goods and/or services identified by the mark,
or that will be identified by the mark. Be as accurate as you can in the
description of the goods or services.
>>
Back
to the contents
"Can I change the goods and/or services after filing my application?
You can clarify or limit the goods and/or
services. However, you may not expand or broaden the identification of goods
and/or services after filing the application"(*)
>>
Back
to the contents
Does the receiving
of a filing date
and of a serial number means that all the application requirements have been
satisfied?
"To obtain a
registration, you must comply with all application requirements, and overcome
any refusal(s) issued by the examining attorney during examination."(*)
Occasionally, after filing date and serial number have been issued, is necessary professional intervention to overcome such a refusal problems.
>>
Back
to the contents
ABOUT FEES
What is the USPTO "application
filing
fee"?
It is the fee charged by the USPTO to process your application. It is
$325.00 per class, and the registration has to be requested at least under one
class. You might be
eligible to pay only $225 per class. Ask your representative information how you
can be able to enjoy the lower filing fee.
>>
Back
to the contents
Are there other USPTO
fees besides the application fees?
It depends upon your "filing basis".
When the "filing basis" is "intent to use" the mark in commerce, before
to obtain a registration, it is necessary the actual use of the mark in
commerce and the filing of an Allegation of Use in the USPTO.
An Allegation of Use can crystallize in an Amendment to Allege
Use, or in a Statement of Use, depending upon certain occurrences.
Filing an Amendment to Allege
Use, or a Statement of Use involves payment of fees other than the
basic application fees fees.
>>
Back to the contents
What are
Classes of goods and services?
Classes are descriptive broad categories of goods and
services.
The Nice agreement, by which this classification was initially created, had the
purpose "to create a classification system for goods and services that
would be used by as many country as possible to promote consistency in trademark
classification within national trademark offices"(**). "Such a system
also would make it easier for countries using the system to organize and
administer the trademark applications and registrations that were filed in the
national offices"(**).
To give an easy to understand example, if through your trademark you sell
cosmetics and also clothing, accordingly to the Nice classification, to
obtain proper protection, you should register under Class 003 (Cosmetics
and Cleaning Preparation) and 025 (Clothing).
Following is the official USPTO listing of the International Classes.
Right after the list, is a more detailed explanation of the products or services
each class refers to:
International Classes |
Goods |
001 Chemicals
002 Paints
003 Cosmetics and Cleaning Preparations
004 Lubricants and Fuels
005 Pharmaceuticals
006 Metal Goods
007 Machinery
008 Hand Tools
009 Electrical and Scientific Apparatus
010 Medical Apparatus
011 Environmental Control Apparatus
012 Vehicles
013 Firearms
014 Jewelry
015 Musical Instruments
016 Paper Goods and Printed Matter
017 Rubber Goods
|
018 Leather
Goods
019 Non-metallic Building Materials
020 Furniture and Articles Not Otherwise Classified
021 Housewares and Glass
022 Cordage and Fibers
023 Yarns and Threads
024 Fabrics
025 Clothing
026 Fancy Goods
027 Floor Coverings
028 Toys and Sporting Goods
029 Meats and Processed Foods
030 Staple Foods
031 Natural Agricultural Products
032 Light Beverages
033 Wines and Spirits
034 Smokers' Articles |
Services |
035 Advertising and
Business
036 Insurance and Financial
037 Construction and Repair
038 Communication
039 Transportation and Storage
040 Material Treatment
|
041 Education
and Entertainment
042 Computer, Scientific and Legal
043 Hotels and Restaurants
044 Medical, Beauty and Agricultural
045 Personal |
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 NoteThis 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 NoteThis 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 NoteThis 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
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
What
does trademark maintenance consist of?
"Rights in a
federally-registered trademark can last indefinitely so long as
the owner continues to use the mark to identify its goods or
services and files all necessary documentation in the United
States Patent and Trademark Office.
Documents to File
In order to keep a registration
alive, the owner of the registration must file, at appropriate
times,
- an affidavit or declaration of
continued use or excusable nonuse under Section 8 of the
Trademark Act (also known as a Section 8 Declaration); and
- an application for renewal
under Section 9 of the Trademark Act (also known as a
Section 9 Renewal) In addition, the owner of a registration
on the Principal Register may file a Declaration of
Incontestability under Section 15 (Section 15 Declaration)
of the Trademark Act.
Time Period for Filing
Documents
Between the 5th and 6th year after
registration the owner must file a Declaration of Continued
Use or Excusable Nonuse, (also known as a Section 8
Declaration). Failure to file the Section 8 Declaration
results in the cancellation of the registration. (There is a
6-month grace period.)
After 5
consecutive years of continuous use in commerce following
registration the owner may file, but is not required to file, a
Declaration of Incontestability under Section 15 of the
Trademark Act if, among other things, the mark is registered on
the Principal Register.
Between the 9th
and 10th year after registration, and every 10 years thereafter
(for registrations issued or renewed on or after November 16,
1989) the owner must file a Section 8 Declaration and an
Application for Renewal under Section 9 of the Trademark Act.
Failure to file these documents results in the cancellation and
expiration of the registration. (There is a 6-month grace
period.)"(*)
>>
Back to the contents
|