What are Trademark Classes
When you are registering a trademark, it is essential to think about what the kind of classes of object/services you want your trademark to apply to. The World Intellectual Property Organization (WIPO) has designated 45 classes in which you can register a trademark. Classes 1-34 are for goods that you may produce (like food or technology) and classes 35-45 are for services (like legal or medical services). This is known as the Nice International Classification of Goods and Services and has been the method of classifying what areas a trademark is registered in over 85 countries, including Australia.
How to pick a class?
When you a completing a trademark application, you must determine precisely what bounds you wish you apply to your trademark. An application for a trademark is likely to be rejected if you set the bounds to be too big and ineffective if you set the bounds to be too small. There is a sweet spot which you must find. But it is essential to keep in mind that trademark protection extends only so far as is specified in the application if your trademark application includes a particular class or service you are not necessarily guaranteed protection for every item in that class or service.
What are the Classes
Trademark Classes 1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Trademark Classes 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Trademark Classes 3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Trademark Classes 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Trademark Classes 5. Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Trademark Classes 6. 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; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Trademark Classes 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Trademark Classes 8. Hand tools and implements (hand-operated); cutlery; side arms; razors.
Trademark Classes 9. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Trademark Classes 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Trademark Classes 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Trademark Classes 12. Vehicles; apparatus for locomotion by land, air or water.
Trademark Classes 13. Firearms; ammunition and projectiles; explosives; fireworks.
Trademark Classes 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.
Trademark Classes 15. Musical instruments.
Trademark Classes 16. 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; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Trademark Classes 17. 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.
Trademark Classes 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery.
Trademark Classes 19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Trademark Classes 20. 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.
Trademark Classes 21. Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Trademark Classes 22. 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.
Trademark Classes 23. Yarns and threads, for textile use.
Trademark Classes 24. Textiles and textile goods, not included in other classes; bed covers; table covers.
Trademark Classes 25. Clothing, footwear, headgear.
Trademark Classes 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Trademark Classes 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Trademark Classes 28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Trademark Classes 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.
Trademark Classes 30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
Trademark Classes 31. Grains and agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals, malt.
Trademark Classes 32. Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.
Trademark Classes 33. Alcoholic beverages (except beers).
Trademark Classes 34. Tobacco; smokers’ articles; matches.
Trademark Classes 35. Advertising; business management; business administration; office functions.
Trademark Classes 36. Insurance; financial affairs; monetary affairs; real estate affairs.
Trademark Classes 37. Building construction; repair; installation services.
Trademark Classes 38. Telecommunications.
Trademark Classes 39. Transport; packaging and storage of goods; travel arrangement.
Trademark Class 40. Treatment of materials.
Trademark Classes 41. Education; providing of training; entertainment; sporting and cultural activities.
Trademark Classes 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Trademark Classes 43. Services for providing food and drink; temporary accommodation.
Trademark Class 44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Trademark Class 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
How to select a trademark?
When selecting classes in a trademark application on IP Australia, there are two ways to choose courses, either by picklist or by non-picklist.
A picklist trademark application will provide you with the most commonly used goods/services in a trademark class for you to select. This may be a suitable choice for your trademark. When it comes to determinizing whether your trademark is capable of registration, an application which uses picklist goods/services may be determined quicker as IP Australia can more easily evaluate your application as they know that, because you have used the picklist, you have selected the correct class or classes.
A non-picklist application allows you to enter goods/services into your trademark application manually. This may be more suitable for your business, especially if it is specific; however, it will take longer to determine.
When determining a trademark application, it is always better to speak to your lawyer before deciding as it is costly to remedy any errors made.
If you’d like to read more about trademarks, then why not keep reading?