Trademark Classes: Slicing Up the Market. A Trademark Tale of Terror

Описание: Just because someone else has your name doesn't necessarily mean you're doomed! Trademark protection is categorized by goods and services (Classes). This is how you can have DOVE chocolate and DOVE soap.

There are 45 different classes of goods and services available. Thirty-four are for goods, and 11 are for services. Sometimes it can be tricky to figure out which classes your goods or services fit into. For example, non-downloadable videos and downloadable videos are in different classes. Similarly, printed books are in a different class than downloadable books, and both of those are in different classes than selling books in a retail store.

For your goth clothing line, you'll file in the clothing class (Class 25) and retail, wholesale, brick-and-mortar, and/or online sales (all in Class 35). For your horror-themed brewery, you'll file in the beer/beverages class (Class 32), which is not to be confused with the wines and spirits class (Class 33) and maybe in the bar and restaurant services class (Class 43).

The key is the likelihood of confusion within the relevant marketplace. If a band in L.A. is named "The Crypt Keepers" (Class 9/41) and you run a haunted house business in Chicago called "Crypt Keepers" (Class 44), a strong argument can be made that consumers aren't likely to be confused, so it’s ok for both businesses to have that name.

The more closely related the fields of business, the harder it is to show there isn’t or won’t be confusion. Fangtastic Wines probably would cause confusion with Fangastic Beers, even though they’re in different classes.

Making sure your mark is registered in the right classes is frighteningly important when it comes to proper trademark protection and use. This is an area in which DIY and online trademark services often get it wrong by using the wrong classes or leaving out important ones, especially when it comes to clothing, which is a topic big enough for a separate post. I’ve had to fix plenty of those mistakes.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween