Previously in our trademark registration guide for American businesses, we mentioned how the United States Patent & Trademark Office (USPTO) is responsible for many regulations surrounding the company and trademark registration process.
USPTO – United States Patent And Trademark Office
In this article, we’ll learn all about the United States Patent & Trademark Office or USPTO for short, and how businesses in the USA can leverage this knowledge.
What Are Trademarks & Patents?
Imagine your favorite brand’s logo, like the swoosh for that sporty clothing company, Nike.
That’s a trademark!
It’s basically a special label that protects a word, symbol, or design that identifies a specific business and its products. Think of it like a nametag – it stops other companies from using the same thing to confuse customers. Trademarks help keep things clear and honest in the business world, so you know exactly who you’re buying from!
What about patents?
Patents are like super specific trademarks, but for inventions! Instead of a logo, it protects a brand new idea, like a special type of coffee maker or a unique phone app.
It’s like a secret recipe – nobody else can steal it and make their own version for a certain amount of time. This gives the inventor a chance to make money from their clever creation before others jump in. Patents encourage innovation because they reward people for coming up with cool new stuff!
What’s The Role of USPTO in Trademarks & Patents?
Register trademark online (USPTO logo)
The United States Patent and Trademark Office (USPTO), established on the 4th of July, 1836, acts like a central hub for both trademarks and patents, playing a crucial role in protecting intellectual property (IP) for American businesses and inventors. Here’s a breakdown of their responsibilities:
- Trademarks: The USPTO examines trademark applications to ensure they don’t conflict with existing ones. If your application gets the green light, they register your trademark, granting you legal ownership and the exclusive right to use it for your goods or services.
- Patents: For inventions, the USPTO reviews patent applications to see if they meet the criteria for novelty, usefulness, and non-obviousness. If your invention passes muster, they grant you a patent, giving you exclusive rights to make, use, or sell your invention for a set period.
In simpler terms, the USPTO acts like a gatekeeper, ensuring only unique and deserving trademarks and inventions receive protection. This system encourages innovation and fair competition in the marketplace.
The Complete List of All Trademark Classes
The USPTO organizes trademarks into categories called classes. These classes are like filing cabinets for trademarks, helping to keep things organized and simplify the registration process.
There are 45 classes in total, with 34 dedicated to specific product categories (like chemicals, clothing, or toys) and 11 for service categories (like education, entertainment, or legal services).
Here’s how classes benefit trademark registration:
- Clearer Search: When you file your trademark application, you need to specify the class(es) your product or service falls under. This helps the USPTO examiner quickly search for similar trademarks in the same category, avoiding potential conflicts.
- Filing Fees: The number of classes you choose affects your filing fee. You can choose multiple classes if your trademark applies to different product or service categories, but there’s a separate fee for each class.
Think of it like a library. Classes are like sections separating fiction from non-fiction. The USPTO can efficiently check for similar trademarks in the same “section” relevant to your product or service.
1. Product (‘goods’) Classes
Class 1: Chemical products. 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.
Class 2: Paint products. 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.
Class 3: Cosmetics and cleaning products. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4: Lubricant and fuel products. Industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5: Pharmaceutical products. Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; 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.
Class 6: Metal products. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric 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.
Class 7: Machinery products. 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.
Class 8: Hand tool products. Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9: Computer and software products and electrical and scientific products. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, 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; automatic vending machines, and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, and computers; fire extinguishing apparatus.
Class 10: Medical instrument products. Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.
Class 11: Environmental control instrument products (lighting, heating, cooling, cooking). Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12: Vehicles and products for locomotion by land, air, or water. Vehicles; apparatus for locomotion by land, air, or water.
Class 13: Firearm products. Firearms, ammunition, and projectiles, explosives, fireworks.
Class 14: Jewelry products. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry and precious stones; horological and chronometric instruments.
Class 15: Musical instrument products. Musical instruments
Class 16: Paper and printed material products. 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.
Class 17: Rubber products. 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.
Class 18: Leather products (not including clothing). 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, harnesses, and saddlery.
Class 19: Non-metallic building material products. Building materials (non-metallic); nonmetallic rigid pipes for building; asphalt, pitch, and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Class 20: Furniture products. 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.
Class 21: Houseware and glass products. Household or kitchen utensils and containers; combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain, and earthenware not included in other classes.
Class 22: Ropes, cordage, and fiber products. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classes); padding and stuffing materials (except rubber or plastics); raw fibrous textile materials.
Class 23: Yarns and threads. Yarns and threads, for textile use.
Class 24: Fabrics and textile products. Textiles and textile goods not included in other classes; beds and table covers.
Class 25: Clothing and apparel products. Clothing, footwear, headgear.
Class 26: Lace, ribbons, embroidery, and fancy goods. Lace and embroidery, ribbons and braid; buttons, hooks, eyes, pins, and needles; artificial flowers.
Class 27: Floor covering products. Carpets, rugs, mats and matting, linoleum, and other materials for covering existing floors; wall hangings (non-textile).
Class 28: Toys and sporting goods products. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29: Meat and processed food products Meat, fish, poultry, and game; meat extracts; preserved, frozen, dried, and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk, and milk products; edible oils and fats.
Class 30: Staple food products. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry, and confectionery; ices; honey and treacle; yeast, baking powder; salt, mustard; vinegar; sauces (condiments); spices; ice.
Class 31: Natural agricultural products. Agricultural, horticultural, forestry products, and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals; malt.
Class 32: Light beverage products. Beer, mineral and aerated waters, and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33: Wines and spirits (not including beer). Alcoholic beverages (except beer).
Class 34: Smoker’s products. Tobacco; smokers’ articles; matches.
USPTO Office
2. Service Classes
Class 35: Advertising, business, and retail services. Advertising; business management; business administration; office functions.
Class 36: Insurance and financial services. Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37: Construction and repair services. Building construction; repair; installation services.
Class 38: Communication services. Services that allow people to communicate with one another by a sensory means.
Class 39: Transportation and storage services. Transport; packaging and storage of goods; travel arrangement
Class 40: Treatment and processing of materials services. Treatment of materials.
Class 41: Education and entertainment services. Education; providing of training; entertainment; sporting and cultural activities.
Class 42: Computer and software services and scientific services. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43: Restaurant and hotel services. Services for providing food and drink; temporary accommodations.
Class 44: Medical, beauty services, and agricultural services. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services.
Class 45: Personal, legal, and social services. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
We highly recommend that you refer to the official USPTO guide regarding this, which details exactly which class your business is eligible for, and the legalities surrounding it.
Common Mistakes Businesses Make During USPTO Trademark Registration
The USPTO clearly defines which businesses are eligible and should apply for what class of trademark. However, most businesses don’t go through the tedious documents carefully, and end up paying a lot more than they should have.
Keeping that in mind, we’ve laid down some of the most common mistakes that American businesses make while registering their trademark.
1. Skipping the Trademark Classification Homework:
Many businesses don’t dig deep enough to find the right trademark classifications for their product or service.
2. Focusing Too Much on Classes, Not Strength:
While classifications are important, having a strong, unique trademark is far more crucial for approval. Strong trademarks are those that are invented words or have no connection to the product itself (think “Apple” for computers). These are easier to defend than descriptive names. Don’t expect automatic approval – your trademark needs to meet federal guidelines.
3. Trademark Transparency Surprise:
Some businesses are unaware that once registered, their trademark becomes public information.
4. Paying Extra for Classes You Don’t Need:
Filing for a broader category like “website” (Class 35) instead of multiple individual classes for different products. This saves money on filing fees, which increase with each class added.
5. Classification Fear is Unfounded:
Browsing the USPTO website exposes you to a wide range of ideas and can give you the confidence to move forward with your trademark application.
Frequently Asked Questions (FAQs)
1. Can I file a trademark application myself, or do I need a lawyer?
You can definitely file the application yourself. However, a trademark attorney offers valuable expertise. They can help you choose the right classifications, avoid common pitfalls, and potentially save time navigating the process.
2. How much will this cost?
The USPTO charges an application fee of either $250 or $350, depending on the type of application. Attorney fees vary. Some charge hourly rates, while others offer flat fees.
3. Can I apply online?
Absolutely! The Trademark Electronic Application System (TEAS) allows for online application submission. You can also pay the application fee electronically using a credit card, EFT, or an existing USPTO deposit account.
4. What happens if the USPTO rejects my application?
Don’t panic! It’s fairly common for the USPTO to request additional information or ask you to clarify things in your application. Just respond to their questions and continue the process.
5. How long does it take to get a trademark from USPTO?
Unfortunately, with USPTO trademark registration, there’s no guaranteed timeframe. The process can take anywhere from three months to three years.
Conclusion
USPTO Trademark Registration is one of the most crucial factors that your business might come across. And as it’s a one time action, it’s important to go through the USPTO quick-start guidelines to get you started, and move ahead from there.
Trademark registration is a one time process, and is guaranteed by the United Sates Patent & Trademark Office (USPTO). Small business taxes in the USA on the other hand is a recurring process and can make or break your business, if compliance issues are faced.
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