Reading time: 3 minutes

Choosing the right classes when registering a trademark is extremely important, as registering a trademark will be charged on the basis of how many classes you choose. This means that the more classes you choose, the more expensive your trademark registration will be. Ideally, you should try to group your business’ services into as fewer classes as possible without jeopardising the protection of your trademarks.

Hypothetical

Imagine you are a builder and you have created flyers to leave with your clients. These flyers do not need to be claimed separately, as they are a part of the normal course of trade for your business. In other words, you only claim a trademark over the particular logo or business name itself and not the individual uses of these marks that you create, such as in flyers or other marketing and promotional materials.

Or perhaps you are a lawyer looking to trademark your firm’s name and logo. As a lawyer, it would be wise to choose ‘Legal Services’ in class 45 when applying to register a trademark. You might have also have thought to apply to register a trademark for ‘Business Administration’ and ‘Office Functions’ in class 35, as you consider these things to be an integral part of your business. In the same vein, you might consider it reasonable to apply to register your trademarks under ‘Recruitment Services’ (also under class 35), because, from time to time, you take on new employees. You may have also selected class 38 for ‘Telecommunications Services’, since using your mobile and office phone as part of your day-to-day operations.

After looking over your application to register a trademark, you will notice you have selected 3 different classes, which means your application is becoming quite expensive. Instead of applying to register a trademark in every class that remotely relates to your business, speak with an IP lawyer about condensing the classes you choose when applying to register a trademark before you submit your application

Tip

If you’re unsure which classes to advertise in, think about where you would advertise if you were listed in a directory. Of course, the answer is legal services and not business administration, telecommunications or recruitment. These are merely internal business activities that can be grouped within the same class, which saves you money when you register a trademark

Conclusion

Choosing the right classes is extremely important, as you should aim to cover all of the goods and services in which your business trades. This will guarantee that if someone attempts to use one of your marks, they will be held accountable under any of the classes under which you were able to register a trademark. For further assistance, contact LegalVision on 1300 544 755, and speak with one of our team of experienced trademark lawyers today. They will provide you with guidance on which classes you should be considering when you apply to register a trademark.

Webinars

The COVID-19 Vaccine Rollout: Considerations for Employers

Thursday 22 April | 11:00 - 11:45am

Online
Are you a business owner or employer? Attend this webinar to learn about what you need to know about the COVID-19 vaccine rollout.
Register Now

How to Recover Unpaid Invoices

Thursday 13 May | 11:00 - 11:45am

Online
What do you do if your customers don't pay your invoices? Attend this webinar to learn about how to recover unpaid invoices.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer