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A note about trademarks and classes.

In order to apply for a federal trademark application, we must file under one more “classes,” or categories of goods and services.

The trademark office’s way of organizing these classes is a bit complicated. Below is a list of common classes that creative businesses typically file under.

COMMON CLASSES FOR ITEMS/PRODUCTS

  • Class 3 includes cosmetics
  • Class 4 includes computers and software
  • Class 14 includes jewelry
  • Class 15 includes musical instruments
  • Class 16 includes paper-based items and stationery items
  • Class 18 includes leather goods, leather-substitute goods, and tote bags
  • Class 20 includes furniture
  • Class 21 includes household items, such as drinkware and mugs, and kitchen utensils
  • Class 23 includes yarns and threads
  • Class 24 includes textile and textile goods
  • Class 25 includes clothing, footware, and headgear
  • Class 28 includes games, toys, and sports equipment

COMMON CLASSES FOR SERVICES

  • Class 35 includes advertising and business consulting services
  • Class 41 includes education and entertainment services
  • Class 43 includes services for providing food and beverages
  • Class 44 includes medical, hygienic, and beauty care services

You can file under multiple classes. Your application must be filed under at least one class. If appropriate, we will note in our search results letter whether multiple classes are relevant to your trademark. In such cases, we will identify what we believe to be the “core class(es)” based on what you sell, and any related classes that you may want to file under to get broader protections.

Should I file under one class or multiple classes? That’s a really good question, and it often depends on what you’re selling and what your core offerings are. One thing to consider, as you’ll see above, is that some classes are defined more narrowly than you might think. For example, if you sell shirts, mugs, stickers, and tote bags, there’s not one “merchandise” class that would encompass all of those items

A note about trademarks and specimens.

For each class that you apply under with your trademark application, you need to attach a “specimen.” A specimen is a piece of evidence (usually an image) that shows you are using the trademark in commerce. In other words, a specimen shows use of the trademark in relation to a sale.

For many classes, a proper specimen can be as simple as a screenshot of your website.

Certain classes have more specific specimen requirements. 

For example, if you apply under class 25 (clothing), a screenshot of your website is not enough. Instead, the trademark office wants to see a photo of your item with a label or tag attached displaying the trademark.