When applying for a trade mark, it is necessary to specify the goods and/or services under which the mark will be used. The classification system is based on the Nice Classification which organises goods and services into 45 classes.
Classes 1 to 34 are for goods and classes 35-45 are for services. Each class covers a specific type of product or service. Further, the Nice Classification is also used for the purpose of searching existing trade marks or monitoring new applications to ensure that there is no likelihood of confusion with existing marks. The advantage of this system is that it allows for the clear identification and differentiation of trade marks. For example, a trade mark registered in class 25 for ‘clothing’ cannot be confused with a trade mark registered in class 35 for ‘advertising services’.
It is important to select the appropriate classes carefully in order to ensure that the trade mark is registered for the correct goods or services and that the application is not rejected by the UKIPO for being too broad for example. Contrarily, making a classification that is very specific and therefore includes terms you do not intend to use under the mark can also be risky. This is as another party may try to invalidate your mark for non-use.
The UKIPO fee for a trade mark application is £170.00 for one class plus an extra £50.00 for each additional class. It is important to note that the extra £50.00 is payable for extra classes, and not extra terms. For example, imagine that your second class is as follows:
‘Class 25: Clothing; Footwear; Headgear’
If you wanted to expand this to ‘Clothing; Footwear; Headgear; Socks; T-shirts; Sweatshirts; Jeans; Trousers; Gloves etc’ you will not be charged extra, as the terms are still within class 25.
However, if you wish to branch out into a whole different class e.g. ‘cleaning services’, then that would fall under class 37 and the extra fee would be applicable.
Here at the Trademarkroom we encounter various queries about trade mark classification. As part of our service, we will prepare a class specification for your approval, based on the information you provide us with.
If you have a query about classification, or an alternative trade mark matter, please do not hesitate to get in touch with the Trademarkroom team today.
