In the process of registering a TM, the applicant faces a lot of important details that require special attention. The choice of classes for registration is one of these stages, which should be approached with all responsibility. Before you make the selected categories in the application, review all the nuances, study the available materials on this topic.
Brand classes: why does it matter?
It is for those goods and services that will be indicated during registration that the trademark will be protected. If there are too many classes in the brand, it will increase the cost of registration quite significantly. It should be noted that if the designation for three years is not used for those classes for which it is registered, its action can be challenged.
An insufficient number of selected classes for TM may adversely affect the development and expansion of the company's activities. This means that it is better to think over possible prospects and take them into account in the list of declared goods and services.
If your knowledge or confidence in success is not enough - it is better to seek help from a patent attorney . An expert with experience who has repeatedly come across this issue will help to form an optimal list of classes, taking into account the development perspective.
The process of selecting classes for registration TM
In order to understand the principle of selection of goods and services for registration, one should study the principle of their classification, the structure of the Nice Classification.
In total, the international classification includes 45 classes, 34 of which are reserved for goods and 11 for services. Each class is entitled, but when choosing the right categories you should not focus only on the names, as they do not carry almost any specifics. All goods and services in the classifier are listed alphabetically. Each class has explanations that will help with the selection.
If you have any difficulties while defining classes, and you don’t want to contact a professional attorney, the best option would be to study a special section in the classifier. This section is called “General Notes” and was created to facilitate its use.
Product description for registration should be as specific as possible, without vague wording. Use only the terminology used in the current edition of the classifier.
Rules for the use of the classifier
Having studied the recommendations of Ukrpatent regarding the use of the ICGS classifier, you will select classes for registering your designation much faster and more correctly.
To assign a product to a particular class, pay attention to its purpose, the functions performed. If the necessary functions are not found, the principle of analogy with other products similar in properties should be used. If the product is not classified by function - refer to other characteristics, such as material, mechanism of use and so on.
As for services, they are classified by the scope of use indicated in the class title.
Search by classifier
First of all, the product or service of interest should be searched alphabetically. If, however, the name cannot be found, continue to search for the main features, materials or functions.
On the official website of Ukrpatent there is an opportunity to search for trademark classes. It is enough to enter the name you are interested in in the search column, and the system will give out classes in which similar goods or services are found.
If you have already registered a trademark and at the same time did not indicate the necessary classes, then you can register it again, already in the required sections. Changes to the existing registration can not be.
Is it possible to choose classes by yourself?
Of course, you can do it yourself. To do this, you should carefully study the materials contained in the classifier, to understand the principle of its structure. This process requires maximum concentration, as mistakes can be costly in the future.
Of course, it can occur to many that it is possible to register a TM at once in a large number of classes so as not to miss the necessary ones. But this is not advisable financially, since each selected class increases the cost of registration.
Practice shows that the best option when considering time, financial costs, possible risks and other factors of the TM registration process is still better to turn to a patent attorney. With the seeming cost of such an option, it ultimately justifies itself, since the probability of error is minimized, as is the probability of failure to register a trademark.
Registration TM - troublesome and exciting process, containing a lot of subtleties and requiring detailed study of the legislation. To do this on their own or to turn to professionals, each applicant chooses himself.
Remember that the success of your business may depend on the choice of classes for registering yours.
Before applying for registration, you can check the trademark using the form below:
