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Who can use a trademark?
You can use a trademark to protect your brand name, logo, slogan or tagline. A trademark is a word, phrase or symbol that identifies your business and distinguishes it from other businesses. This can be used both in the United States and abroad.
If you have an idea for a new product line or service that would make you more visible among potential customers then consider trademark registration with the US Patent & Trademark Office (USPTO). The USPTO will issue patents on new products based on an application submitted by the inventor(s). These include both utility models (for example: “new” type of widget) as well as design registrations which includes ornamental elements such as colors/designs on goods themselves such as packaging materials etc…
Trademark classes
A trademark classification is a way of classifying a trademark by its type and function. The U.S. Patent and Trademark Office (USPTO) divides trademarks into five general classes:
- Class 14 covers services involving the provision of food, drink, lodging, transportation or amusement;
- Class 35 covers hotel and restaurant services;
- Class 41 covers retail store services;
- Class 44 covers membership organization registrations;
- Class 45 covers management services for natural resources such as mining, oil and gas development etc.;
class 14 for services
- Services are a class 14.
- Services are a sub-class of class 21.
- Services are a sub-class of class 35.
- Services are a sub-class of class 41.
- Services are also a subclass of classification 43, which is the general heading for “Computer software” or similar terms that describe computer software products or services (e.g., “programming services”).
class 21 for building construction/repair/services
Class 21 covers services related to building construction and repair, including but not limited to:
- Building design services.
- Structural and structural engineering services.
- Electrical wiring and cable installation, repair and maintenance; electrical measuring instruments; testing apparatus for use in connection with the testing of wires or cables; electric motors for use on vehicles or ships, whether of foreign or domestic manufacture (except where they are specifically designed for use in aircraft)
class 35 for hotel and restaurant services
If you own a hotel or restaurant brand and want to protect it, then trade mark registration is the best way to go. A trademark is a symbol that identifies goods or services as belonging to one company, rather than another. Trademarks are usually filed with the U.S Patent and Trademark Office (USPTO), but can also be registered at other agencies such as the European Union Intellectual Property Office (EUIPO).
Registration enables you to file lawsuits against infringers who use your mark without permission, as well as receive notification from others who have registered similar marks on their own products and services—and even get compensation if they do so later down the line.
class 41 for retail store services
The purpose of class 41 is the same as that of class 44. However, there are some differences between the two.
- Class 41 has a narrower scope than class 44 (and other classes). It covers only retail store services and not any kind of service like haircutting or plumbing.
- You can only register your trademark with this class if your business offers these services exclusively in one place within India or outside India through direct mail order or over-the-counter sales; this excludes food and beverage retailing businesses.* You need to prove that you have been providing these services for at least three years before filing an application for registration.* If you choose not to apply for registration, then your mark will be considered abandoned after five years from its date of use.* Trademarks registered under this category must be renewed annually by paying renewal fees every year until their expiration date (although renewals can be made more frequently if necessary).
class 43 for entertainment services
If you’re planning to use your brand name in the entertainment services industry, such as music, movies or television shows, then class 43 is the right trademark for you. This section covers the specific requirements of this class of trademarks and what they mean for those who own them.
Entrepreneurs looking to register their businesses’ names online can apply online at www.uspto.gov/trademarks/register-your-trademark/.
class 45 for education services
Education services include tutoring, coaching and mentoring. These are not limited to schools and students—they can be provided in person or via the internet. Education services can also be provided by an individual or a company.
Be part of the solution!
You can protect your brand name by registering it with the USPTO
Registered trademarks are your best option for protecting your brand name. You can register a trademark for your brand name, product name and service name.
To register a trademark with the USPTO:
- Fill out Form 1-800 and submit it to the USPTO at www.uspto.gov/trademark-guide; or call 1-800-829-1041 (voice) or 1-703-308-8200 (TTY).
- Pay an application fee of $275 per class plus $60 per class ($300 total). This includes litigation expenses if you end up suing someone over their use of your mark on goods or services that are identical to yours—or where they’re confusingly similar enough that consumers might assume they come from you instead of them!
About the United States Patent and Trademark Office (USPTO) The USPTO, founded in 1790, is an independent agency of the U.S. Department of Commerce and the primary federal agency charged with managing the U.S. patent system and protecting trademarks. The USPTO issues more than 7,000 patents each year, the bulk of which are based on applications filed in January that were received by mail or hand delivery by May 1. The principal mission of the USPTO is to promote innovation through its role as a provider of various public services, including intellectual property services within the United States Patent and Trademark Office (USPTO). For more information about our services, visit www.uspt
