There are currently 45 different classes in the international classification system (the Nice system) used by most countries - 34 for products and 11 for services. The system provides a way to sort trademarks according to the kind of products or services they represent.
Markify uses the international classifications, which you can find at: http://www.wipo.int/classifications/nivilo/nice/index.htm
Usually, protection is granted only within the classes in which you've registered. However, some of the best-known brands are protected in all classes, even if they are not registered. So don't try to open up a "Nike Restaurant" or a "Google Spa".
Sometimes choosing a class is easy. Other times, it's a bit more tricky. For instance, there is no "Internet Services" class because it is considered too broad. Most trademarks are registered in one to three classes. Older trademarks are often registered in more classes since, over time, they are applied to new products and services.
Do-it-yourself:
- Check what classes your competitors or other similar companies are using.
- Also search in the classes you might enter over the long term.
- Some countries also check applications for conflicts in "nearby" classes. Use this list to find your "nearby" classes: http://www.ipo.gov.uk/types/tm/t-applying/t-class/t-class-cross/t-class-cross-list.htm
- Many companies limit their registration to the class or classes they plan to offer in the short to mid term. Later on, they simply hope that other classes they might want to enter are available.
Three tools for determining class and description of goods and services:
- The USPTO has a list of "Trademark Acceptable Identification of Goods & Services" http://tess2.uspto.gov/netahtml/manual.html You can search this list for keywords and to see in what classes your keywords are used.
- The European Union organization OHIM's tool: http://oami.europa.eu/euroace/euroaceservlet?action=search&langid=en#
- The UK's Intellectual Property (IP) Office also has a tool for helping you determine class: http://www.ipo.gov.uk/types/tm/t-os/t-find-class.htm
Disclaimer:
These help articles do not constitute legal advice and should not be relied upon as such. These articles set forth general educational principles only. Consult with a lawyer about your particular case.
Markify is a name-screening tool and there is no guarantee that it will find all potentially conflicting trademark registrations or that the found "similar" trademarks will pose a problem in the naming matter at hand.
