A very common question we get asked by our clients when looking to trademark their business name or logo is whether or not their trademark will cover the entire class of goods or services under which they are seeking to become registered. This is a great question that deserves some explanation.

Hypothetical

To work out whether or not you are covered for the whole class of trademark goods or services, it is important to consider the individual circumstances of your situation.

Imagine you are manufacturing computers. You would most likely elect one of the ‘goods’ classes when looking to register a trademark, which are classes 1 – 34.

Remember that a trademark application is made in connection with the specified goods and/or services in the application. In other words, only the goods and/or services in the application are covered, and, once your trademark application has been lodged it is not possible to add more goods and services to it.

Because you are interested in registering your computer manufacturing business logo and business name, you should look at the various class headings to determine which class you fall into. If you’re observant enough, you’ll notice that computers are included in the class 9 heading. You should then choose ‘Computers’ in class 9.

You might be wondering whether or not you are covered for everything under that class, as there are many other related goods that class 9 includes. The answer is no.

How to understand what is covered

Speak with an trademark lawyer or trademark attorney to determine which classes you will need to apply for. There might be several, as some items appear numerous times in different classes. It is best practice to have a look at the class headings to get an idea of the different classes that will be suitable for your particular application. You may then choose the items that use your keyword and are in the appropriate class. Carefully consider the language and wording you are using when you discuss your trademark application with a trademark lawyer. There may be several ways to refer to your particular goods or services. Make sure you speak with a qualified trademark specialist about which classes you will need to give you adequate legal protection.

Conclusion

It is important that you cover all the areas that your business operates in when registering a trademark. It is equally important not to register in areas that you do not operate in. Registering in classes that do not reflect the goods and/or services you provide is not only more expensive, but may result in your trademark being cancelled for non-use.

For assistance in choosing the right classes of goods or services, contact LegalVision on 1300 544 755.

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.
Lachlan McKnight

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