How to Pick a Trademark Class | What Class Should You Select for Your Trademark Application?

[@JennaMillerWest]

Finding your channel was like finding a treasure. Thank you so much for these super informative, clear and concise videos!

[@ElizabethPW]

Thank you - glad they were helpful to you!

[@1Magnificentwax]

Whst class is it for selling t shirts hats and like clothing thanks

[@thegrantspecialists1055]

WOW. It's all about a category and how to word it to cover your steps. You're amazing. Thank you.

[@ElizabethPW]

welcome!!

[@jimconan]

also - I am writing a book that I hope also becomes a stage play. I'm approaching a title logo to go with the advertising poster for the play, which would alsoreflect what is anticipate to be on the front cover of the book..

[@ElizabethPW]

A single book / movie / play title isn't protectable under trademark -- it would need to be a series.

[@spencetaylor]

Great video Elizabeth!! I’ve watched a couple of trademark related videos and a lot of them are just confusing and intimidating .Thanks for simplifying making it easy and personable 😅. My question is what category would a slogan/catchphrase be in for online monetized content?Thanks in advance for your help!!❤

[@ElizabethPW]

Look at what is being monetized. So if you are teaching educational stuff via streaming video, I usually put that in class 41. But there are many ways to have online content.

[@byron5469]

Thank you so much for making this video. You have help me answer and save money on my trademark application.🤗

[@jimconan]

I'm hoping todo a motivational ( goal setting and achievement) podcast ( downloadable and ocassionally, streaming) -- the 41 you mentioned above, seems close ? Thank you so much !

[@ElizabethPW]

Streaming podcasts is under 41 but downloadable is under 9, so it depends on how you distribute the podcast.

[@JoseCarrillo-es7kl]

Great job Elizabeth! We're starting an LLC in FL and would like to trademark our name and logo. We will publish and sell books via retail stores and on the web. What class would that be? For the record, you are the most informed person on KZbin on this subject. Thanks for all the info!

[@ElizabethPW]

publishing the books of others would probably be "041: Book publishing"

[@Mitimos64]

Thank you! You made this so much simpler ! ❤

[@AlPhARiOtBiOhAzArD]

Hi, so lets say I want to trademark my clothing brand/store that will sell multiple items such as shirts shorts hoodies ect… do I list the retail class 035 or list the products individual or both?

[@ElizabethPW]

Depends if the brand is the store or is it the products. If there's a website/store that sells many items - not just their own self-branded products - then it may make sense to trademark in the store class. If the brand is the products, where only the branded products are sold (and they could in theory be sold elsewhere), then it's the individual product classes. Look at it from the prospective of the customers and also what's important to you.

[@AlPhARiOtBiOhAzArD]

@@ElizabethPW thank you for responding, my brand will sell its own self branded-products through its own branded store, which furthers the question, do I trademark my website/store AND my branded products?

[@ElizabethPW]

That's really more of a business call vs a legal one. If you have the budget, filing in both would give you potentially broader coverage.

[@AlPhARiOtBiOhAzArD]

@@ElizabethPW yet again thank you, oh and one least thing, does it matter which one comes first? As in, is it more advisable to trademark the products first or the store first? Separate question: And also, lets say I only have the budget for one of these, which do you suggest I should trademark first?

[@ElizabethPW]

Really I’d look at which one I think is more likely to get granted based on the trademark itself and what else is in the industry already. There’s no general rule of thumb if one being better than the other.

[@divineenergyme]

Thank you! I am learning so much and your videos as the easiest to follow and I've come across of attorneys on youtube.

[@ElizabethPW]

Great to hear!

[@Kiin9Perez]

Hi I need you to help file internationally for my brand and my wife’s too pls?

[@ElizabethPW]

I'm not taking new clients right now, but check out elizabethpw.com to get on the waiting list

[@MsOlympia]

I have a Cosmetic apparatus that I would like to trademark. It does not fall into 003 (Cosmetics and Cleaning preparations) or 010..... It is not a (medical apparatus) or 44 because it is a Product and not a service. I'm stuck.

[@ElizabethPW]

I'd recommend looking at the trademark of other companies in your industry with similar products

[@tropnetic]

Hello I'm looking up trademark for DJ services. What would that call under

[@ElizabethPW]

Class 41 Disc jockey services

[@burhannbektas]

Liking and commenting for all of the videos. You are great!

[@ElizabethPW]

I appreciate that!

[@kennethbarry6384]

Thanks for this great information!!!! MUCH NEEDED

[@ElizabethPW]

Glad it was helpful!

[@AmazonGrowth]

Hi this Qamar zaman, Elizabeth thank you for your valuable insight into this complicated process I appreciate it. I also watched your other videos very awesome.✅✅✅✅✅✅

[@ElizabethPW]

You are very welcome

[@ElizabethPW]

Here's a link to the class overviews: www.uspto.gov/trademarks/search/get-ready-search-classification-and-design#Classification%20find%20trademarks%20used%20on%20goods%20and%20services%20related%20to%20yours and a link to the trademark class database: tmidm.uspto.gov/id-master-list-public.html

[@lifeofnia2014]

For starters thank you for taking the time out to explain the different classes. I’m starting my journey with an athletic apparel line that will have not only clothing but accessories as well. For example athletic gloves, jump rope, resistance bands, headbands, gym bags, motivational water bottles and ankle straps just to name a few lol. I’m just a little confused on what classes to apply for if I could get a little help I would greatly appreciate it.

[@sylmoneyvestahall]

This video was very helpful - thank you so much for sharing this information.

[@ElizabethPW]

Glad it was helpful!

[@IMLEAKO]

So for a clothing line business that I’m starting with my own logo design on the clothes. Would that be under 025?

[@ElizabethPW]

Yes most clothing is under 025.

[@IMLEAKO]

@@ElizabethPW like do i pick more than one. Like hoodies , tops , bottoms etc. they all are 025. There’s not just one 025 that has just everything i would be doing for my clothing line.

[@ElizabethPW]

Ah I see what you mean. How it works is that you can list as many items under 025 that you are going to sell -- hoodies, t-shirts, knit tops, etc. It all counts as one class (for the fee) because it is the same number.

[@mnfestelec5200]

Hello, hope you see this… what would be the best class/ classes to classify a music label that will produce and distribute music as well as clothing and other merchandise

[@ElizabethPW]

So production of music is a service, and clothing/merch are products -- that means they are in two different classes. Clothing is class 25 (you'd list the specific clothing, like hoodies). Production of music is class 41.

[@enekneya7378]

@6:40 Would you have to present specimens for all sub-categories?

[@ElizabethPW]

No just a specimen for each numbered class

[@user-im6nt6jp2h]

Thank you for such a detailed video plus the way you show it in real time on the computer screen. If i have a lot of goals with my business should i do a handful of classes at once or should i reapply later? Thanks

[@ElizabethPW]

I’d say think about starting with the ones you will launch first, like in the first year. Unless you have a big budget (then file as many as you intend to do)

[@sabuhiyusifov9542]

Thank you very much Elizabeth! Very informative, practical and useful video!

[@ElizabethPW]

Glad you think so!

[@LindsayLane8]

Hi there! Do you have a video explaining the International v. U.S. Classes that are shown on the application? Thank you!

[@ElizabethPW]

Ah that's an interesting question, I'll look at that!

[@enekneya7378]

Tis was great! You have an amazing way of explaining! What class would a publishing company fall under?

[@ElizabethPW]

Well it depends on what someone is publishing but for example, book publishing is class 041

[@enekneya7378]

@ElizabethPW Thank you for answering so quickly! That makes sense, I guess music publishing would be fall under a different class? I will be viewing your video when I do my research

[@ElizabethPW]

Well music depends on how it is delivered -- downloadable mp3s and streaming are different classes

[@LuxeLifeEstates]

I'm applying for a trademark that was in use till about 4 years ago and it was a brand that was around since 1979. If I'm able to get this trademark, can I say established in 1979 even though I just took over the trademark that was abandoned for the last 4 years and not in use anymore. In fact the original corporation that owned this trademark specifically put out a press release several years ago around 2011 saying that the brand has been discontinued

[@ElizabethPW]

So if someone has a chain of ownership of the trademark (like they bought the company or the assets) then that may work, but the applicant would not state the date someone else used (who then abandoned)

[@KevinBradley-fm5xw]

Question; do I need a website photo for specimen

[@ElizabethPW]

No, for a service it could be a flyer, for example, and for a product it could be the packaging

[@premiumcomfortlimo1611]

Hello, what class would it be for candles online and in a store. Logo will go on the gift box and product

[@ElizabethPW]

If you search on idm-tmng.uspto.gov/id-master-list-public.html you'll see there's a listing for 004: candles.

[@marlynmorale55]

I was wondering how many good in the same category do I can put for examples with meakeups. Do I have to specify or just select cosmetics.

[@ElizabethPW]

You can list as many goods as you want as long as you are going to sell them (you are saying you intend to do that, under penalty of perjury), and if they are all in the same numbered class then it is just the one class fee

[@MrMosleytheMusicTeacher]

Hello Liz & thank you for all of the info. Please share which class/entity do I choose for a non-profit organization? Thanks so much!

[@ElizabethPW]

You have to look at what is the product/service offered, in commerce. So what does the non-profit provide its clients, for example

[@businessheights8953]

Can you please help me add a class to existing trademark. Thansk!

[@ElizabethPW]

Hi - generally you can't add a class to an existing trademark or otherwise expand a current trademark. You'd file a new trademark application for that new class.

[@MPauseM]

Thanks so much for going into details, i have an office action to respond to and after watching this i think i should have filed as a store instead of the class 021 i picked, am i still able to change it while responding?

[@ElizabethPW]

Well typically you can't add classes, but occasionally you can switch them if it was wrong -- but that usually only works if the examiner comes up with the idea

[@ShahNawaz-x6t]

Hi, Thankyou for such insightful video! I've a question, I had a trademark registered back in 2017 but it was abandoned in 2018. It's deactivated now reason: Abandoned because no Statement of Use or Extension Request timely filed after Notice of Allowance was issued. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page. Can I file under the same trademark name & class again? same owner's details too. Regards

[@ElizabethPW]

Yes you can!

[@msimmons1906]

Can I file a trademark now before the website is live to the public? We have hats and shirts and discuss it, but cannot actually conduct business until the site/app is live.

[@ElizabethPW]

Yes you can file as an intent-to-use application (1B)

[@Aye_Wilks]

Hello Ms. Weinstein, can you help me identify what classes I should file for? I’m looking to register a trademark to use for Social Media (Entertainment) and Merchandise (t-shirts and socks). My social media (IG, KZbin) will focus on content related to sneakers. I hope this helps. Thanks you for the assistance

[@ElizabethPW]

Sure you could sign up for the Patreon and we can do legal advice via email www.patreon.com/elizabethpw

[@lkw6640]

Do I have to go through the same process for a makers mark? It's for jewelry and tools using my first 2 initials and my last name but stylized I guess you'd say. It's how I sign my paintings.

[@ElizabethPW]

Generally, trademark law is protecting any words/symbols that identify the source of the product, so yes it would be the same process for protecting the initials/last name that's put on a painting or other artistic work. You have to think about whether you will file it on the initials & last name, versus the stylized "drawing" version.

[@lkw6640]

@@ElizabethPW Thank you for your reply. It would be the stylized drawing version.

[@mikes3801]

Thank you so much for your video. I'm trying to find what will be the right class for Electronic DIY kits?

[@ElizabethPW]

Hm it depends on what you are doing. Generally hobby/craft kits are in the class for what someone is making (a kit for making a clock, etc). Here's the rule for kits - www.bitlaw.com/source/tmep/1401_05_a.html

[@sheributler4587]

Ok I had a question cause I’m having a hard time now with if I’m doing a cleaning business now how do I pick a class?

[@ElizabethPW]

there is a class 37: House cleaning

[@bilalakram1384]

My question is the for example class 21 has birthday candles and scented candles and also have petroleum product like petrol and motor oil. Can I sell both products petrol and candles Under one class 21 and I can sell others category product under class 21 like books and storage baskets for example?

[@ElizabethPW]

You don't have to get a trademark in every class of products that you sell, it just is a way to protect your business more

[@tafarihaynes5492]

Hi Elizabeth, Thank you so much for the information! I wanted to know what the best Trademark class for protecting the name of a parent company that own various companies in different classes?

[@kyleb4327]

Congrats on having multiple companies!!

[@tafarihaynes5492]

@@kyleb4327 I don’t have the multiple companies yet, but I do plan to scale my business in the future and want to avoid as many upcoming problems I can as possible. Thank you for the kinds words though

[@ElizabethPW]

Hm to get a trademark, the name has to be used in conjunction with the sale of a product or service -- it is from the perspective of the customers/clients. Think about the parent company "brand" -- what products or services are associated with it, in the mind of the public.

[@tafarihaynes5492]

@@ElizabethPW If you have multiple sub descriptions under one class on your trademark application (ex: Class 41 as you used in this video) do your specimen have to incorporate all of those sub descriptions or can one just suffice? Also, do you offer a consultation service? If so how would go about setting that up?

[@MsOlympia]

Looks like I have to create my own based on what I just heard you say.

[@ElizabethPW]

I’d recommend looking at the trademarks of other companies in your industry who also have cosmetic apparatuses

[@MsOlympia]

@@ElizabethPW thanks so much for this answer. You provide a great service! Very cool you respond!

[@manyphasesofTy]

Hello, thank you so much for this video, I was wondering what class would emotional self care boxes containing things like a journal, journal prompts, bath salt/bombs, mindfulness activites, tea, and etc would be classified as?

[@ElizabethPW]

Hm if a subscription box it could be "35: On-line retail store services featuring subscription boxes containing {indicate items featured, e.g., clothing, cosmetics, quilting supplies, etc." or could be "35: Retail store services featuring ..." Otherwise could register in the individual classes for journals, tea, etc.

[@nycgetsocial]

Hi. Would it be best to put an online jewelry store that will sell a tshirt or handbag occasionally under Class 035?

[@ElizabethPW]

I would not pick 35 just because one happens to sell other products occasionally. 35 is if the brand is a store vs the brand being the products.

[@pharaon777]

Bonjour , and thank you for the great video, I do have 4 products in different class 003, 005,009,28, and I have heard you saying. that I can apply for TM store Class 35, so in my case it can work? thank you

[@ElizabethPW]

Bonjour! Well it depends on whether your branding is on the products (the tags/labels) or the store itself. Think about what specimen you will submit as proof of use

[@mherst1014]

Elizabeth thank you very much for this in valuable insight into this complicated process! I really appreciate it you've clarified some things for me in regard to trademarking my podcast! I do have one question though; so my podcast falls under several different variants of 041, do I have to list them separately or can I list them under just the 041 when filling out the form and put each one of the variance as a separate paragraph as I see on some of the other podcast that have been approved?

[@ElizabethPW]

When you file the trademark application, you can have multiple sentences/variants under the same 041. When you do the application it will look like they are all being listed on their own lines, but they get combined in the database later.

[@dylonn9082]

Just a few quick questions for you. I have decided to trademark my online business and branded product under class 35 and 21. However, I also want to trademark a phrase to make my product/branding stand out. This phrase won’t appear on the actual product. It will only appear on the website, packaging, and advertising. What class would this best fit under? Also if my phrase was “just do it” would people be able to copy the phrase by adding in other words like “just do it faster”. Lastly, if my product fits within class 21 but is a unique spin product do I need to list that on the trademark? Thanks for any help!

[@ElizabethPW]

Well generally the use for a product class like 21 (household utensils) could be on the packaging, so that use may work. For class 35 it could be on a website or advertising, since that's a service class. Which class doesn't depend on the phrase -- it depends on where you are using it, with what products or services. If someone just adds a word to something that's already trademark, it usually doesn't avoid infringement unless it somehow is a totally new connotation. I'm not sure what you mean by a unique spin product.

[@dylonn9082]

@@ElizabethPW thank you for the reply it really helps. I meant just a product that doesn’t exist. A unique version of an existing product within class 21.

[@ElizabethPW]

So as long as it falls under one of the general descriptions in class 21, then that would be fine. If it does not, then you'd need to file with a unique class description that you write yourself, which costs more ($350 per class vs $250).

[@ddee48]

Your channel is a rare gem. Thank you so kindly for your time. My trademark was rejected once and I was supposed to appeal but the online company I used didn't follow up so I intend to research and get it right this time. I have a small business seasonings and spices business. I am trying to add home goods as in kitchen utensils, and home decor to it. I ask do intend to open a restaurant in the near future. What classifications do I file this under please. Do I need to file separately for the Logo and name? Kindly advise. Many thanks.

[@ElizabethPW]

Yes typically you'd file a trademark application for the name separately from a logo/illustration. Home goods and home decor depends on the exact goods and what they are made of (metal stuff is different than fabric stuff). Kitchen utensils are in class 21 but you list the exact types, like "Household utensils, namely, kitchen tongs" etc. Restaurant is class 43.

[@amandajones661]

Does anyone know which class is merchandise? Like tshirts, hats, key chains, etc for trade shows?

[@ElizabethPW]

(for anyone reading this later, we talked about this in the Discord! --> discord.gg/mhKnapnmXx )

[@amandajones661]

@@ElizabethPW Thank you so much!!!

[@amrithasubash2470]

Hi Elizabeth ! Thank you for the videos. Here is my question : if I am trademarking a name for an online store on amazon , would I be able to register under online retail store? I would have different types of product under that brand.

[@ElizabethPW]

That may be a good fit if the “brand” is the store. I have not tried that with an Amazon store so I can’t say for sure if the USPTO is ok with it

[@yoop3529]

Thank you so much! I've been watching the whole series. What class would put a distillery that distills liquor, mostly with botanicals (like gin)?

[@ElizabethPW]

Depends on what you sell / how you monetize, but if you are selling the alcohol, then class 33 has distilled liquor

[@jacobyoung7092]

Would it be beneficial to use a store trademark classification for an Shopify/e-commerce website for clothing brand?

[@ElizabethPW]

That can make sense -- it depends on what is the brand, really. Like if you sell other people's products, then the brand is the store. But if your trademark is on the tag/label of all the products, then the brand is usually the products. But in many cases, you could file in either

[@jacobyoung7092]

Thanks for your reply/info. I am considering selling other people's products as well as my own. I'm going to go ahead and do the trademark classification for the products as well as the store. Is there anymore classifications to consider with having an online store? I assume classification 25 will cover all the clothing/apparel side.@@ElizabethPW

[@ElizabethPW]

Yes when you do class 25 you list the category of products sold by the store, which can include clothing

[@samimo3697]

Under what class and ID term would hydration powder packets fall under, please? the product contains electrolytes and essential minerals. The purpose of it is for general consumption to stay hydrated daily. Thank you Elizabeth Very Much!!!

[@ElizabethPW]

Hm well sports, fruit, and energy drinks are class 032, but there is a class 005 for "Powdered nutritional supplement drink mix containing {specify ingredient, e.g., protein, vitamin C, etc.}" - it can be hard because it depends on the purpose and also what the powder is made of

[@ahmedalsherif3167]

I have confusion how to upload my logo , should i uploaded with my business name or without?

[@ElizabethPW]

You want the logo you upload to match how you use it in your marketing / on your branding

[@yka5299]

Hi Elizabeth thank you for the information! If I file class 028 for card game.can I use it as toy also as it is same class#28?

[@ElizabethPW]

You can use it for other things, yes. Well assuming no one else has it for for trademark class :)

[@tabethathomas3877]

One more question please. Should we file the logo seperately or together with the trademark? Thank you.

[@ElizabethPW]

Generally we file the trademark first and see if that gets approved, and file the logo later (if at all). That way you get a "second chance" if the main trademark doesn't get approved (and you can learn from the rejection). And, if you change the logo (common when a business is just starting) you'd have to start over with the logo trademark anyway.

[@Heavensgatesareopen111]

So if it's clothing but it's going to be online but there will be t-shirts pants bags hats are they different classes or is it still under class 25 thank you

[@ElizabethPW]

So t-shirts, hats, and pants are clothing class 25 (unless they are special purpose like hard hats are class 9). Bags are in many categories, depending on the type -- tote bags are class 18, for example.

[@marlynmorale55]

And also thanks for your help!!

[@kerriberkowitz6880]

Question: Is it required for the company LLC address on file with the state to match the address we use for the trademark application? Thank you so much for your videos. They are extremely helpful

[@ElizabethPW]

Hm I have never seen them checking to make sure all the addresses match up

[@michelleanderson7770]

Also do I use my legal name and DBA my business name?

[@ElizabethPW]

The name of the owner for the trademark is the legal name of the business (if a sole proprietorship, then it is your legal name). You can also include the DBA in the form, too.

[@mackenziek4183]

Hi there! Thanks so much for the helpful video and answering everyone’s questions. I want to start a business that initially sells textile-based home goods like pillows, tablecloths, etc but also sells bags for both storage and fashion and eventually lean more into clothing. I also am creating a blog for my business. Do I need to register it under homewares and clothing in addition to the blogging category? What about marketing? Thank you!

[@ElizabethPW]

It does depend on your budget, because every additional numbered class is more money. But yes you could do under the various housewares, clothing, and bags. I'd only do blogging if that is monetized separately (not just by promoting/selling your own products).

[@AzrakhshJalal]

Thank you so much for all information, Q: I want to sell doors, windows, tiles and etc materials which uses for making home which class should i use? Thank you

[@ElizabethPW]

Assuming you the windows/doors are other people's branded merchandise, then you could put it under class 035 Retail store services featuring ____ (list the product types)

[@AzrakhshJalal]

@@ElizabethPW Thank you, what if i am selling under my own brand?

[@ElizabethPW]

Then it depends on the exact types of windows/doors. Go here idm-tmng.uspto.gov/id-master-list-public.html and search for "windows" -- you can see there are different classes for metal vs vinyl/wood windows

[@danieldublin6492]

Is just listing clothing, footwear and headwear enough for class 25 or do I have to be more broader in that class?

[@ElizabethPW]

Whether to be broad or narrow is a big strategy question that can’t be answered in a YT comment :)

[@nrglife6930]

Hello: thank you for your work, I’m following your channel … question, I’m an Amazon seller of garden and hydroponic products, what will be the best class for my trademark?

[@ElizabethPW]

If you are branding the products (your brand is on the packaging/labels) then it is under the exact product category. So for example, 017: Garden hoses. Or 011: Garden lighting. Or, if the branding is the store (and other company's brands are on the products) then you may brand as a store such as 035: Retail store services featuring {indicate field of goods}

[@andreinahaiek7740]

Hello, I recently saw your video about how to fill the TEAS Plus trademark form. I have a question. The trademark I need to register is the name of a group of condos and apartments or maybe hotels and short term rentals (haven't decided) that will be developing across the USA (its a project that the owner of the trademark is thinking about to do in the near future). How can I describe the trademark? What is the business about? Which will be the best way to write it in the form in the part of the "class of the trademark"? (this trademark is an "intend to use" is not used in commerce right now) There is a class called " real estate development services in the field of ....." that class is 037 , maybe that is a good class for what I need? And in the field of I can put condos, apartments, short term rentals and or hotels? Thanks in advance for your help

[@ElizabethPW]

That class makes sense for real estate development projects, and yes you put the specifics in the "field" category. You can also search in tmsearch.uspto.gov/ and look for other trademarks in the same area to see what they listed as their classes

[@andreinahaiek7740]

Thanks!@@ElizabethPW

[@RikkiPowell-o7l]

Hello! I just found your channel and am grateful for your knowledge and clarity. I plan to continue watching through this playlist. I would love your input on which category you would recommend placing a cotton bread bag into. Class 21 or class 24?

[@ElizabethPW]

I'd probably put it under something like "22: Canvas bags for storage of {indicate type of items stored, e.g., food, grain, etc.}" but it really depends on the use of the bags like it could be "21: Insulated food bags for {specify food item, e.g., sandwiches, salads, etc.}"

[@RikkiPowell-o7l]

Thanks for your input! @@ElizabethPW

[@kerriberkowitz6880]

Thank you so much for this video. Mind if I ask you a question? If my LLC is officially registered to my home address, but I dont want my home address made public when applying for a brand trademark, is it ok if I input a POBox address-- even though the LLC is not officially registered there? And... if that is ok, does it matter if the POBox address is in neighboring city (and not the city I have the business license for?). This is an e-commerce business. Thank you! Thank you!!

[@ElizabethPW]

Well if the LLC gets mail at the PO Box about the trademark, I don't know if the post office will deliver it -- they probably will but that would be my concern. I don't think the city would matter

[@kerriberkowitz6880]

@@ElizabethPW Thank you! To clarify, is it required for the company LLC address on file with the state to match the address we use for the trademark application?

[@karenbradford4314]

I make Natural Handmade Skincare for the Face and Body. Should I just type in Handmade Skincare

[@ElizabethPW]

For skincare products, you'd look for the specific things. Like lotion, body butter, etc.

[@BasyaGluck]

hi! thank you so much for your videos. we were able to trademark our business image pretty fast! question is if we wanted to trademark our business name can that be added to the application with the image trademark? and if yes how. or do we need to do a new application.

[@ElizabethPW]

Generally you can't add to an application that you already filed. You would file a new application on the name

[@heidytl6114]

Thank you so much

[@passivelylivingearnpassive229]

I have a question. Hopefully you get this. But when you trademark your name can you trademark your slogan with it in the standard mark section for the same price of 250? Example Nike Just Do It. Is Nike one and just do another or can it be together in one mark?

[@ElizabethPW]

Nike has TONS of trademarks, covering all the ways and combinations. You trademark how you actually use it and what is most important to protect -- saving $250 is not the best strategy

[@ftm5931]

Thank you! Your video was extremely informative. I have a cute unique name for my food truck / restuarant and also sell merchandise, like sweaters, shirts and hats. Would that require me to pay for more than one class?

[@ElizabethPW]

Yes the clothing/hats is in one class, and the food truck/restaurant is in anther

[@JulieMitchell-mh8rn]

I'm thoroughly confused now. I'm a telehealth practitioner that offers natural health services and protocols to clients. Would that be under class 44 Holistic Services? In the protocols it entails nutrition, diet and lifestyle changes along with supplements such as vitamins or herbal suggestions.

[@ElizabethPW]

Most likely you'd pick various subcategories in 44, like "Nutrition counseling" and/or "Holistic health services" and/or "Holistic health services featuring herbal medicine" etc

[@JulieMitchell-mh8rn]

@@ElizabethPW So if I do subcategories in 44 it should still count as one class, not multiple classes if I understand correctly.

[@yulandamiller5386]

Thanks for the info‼️‼️‼️‼️

[@ElizabethPW]

No problem 👍

[@ericktheone]

great video! I am trying to register my brand and planning on selling household items like wall art, coasters, cups and kitchen items. Should I just put it under class 021? any help will be appreciated :)

[@ElizabethPW]

Coasters and cups and such are under class 021. But wall art is put in the category of the physical substance (art made of paper is class 016, art made of metal is 014, etc.)

[@wendybetancourt2481]

Great video! Thank you. I need to trademark my marketing and advertising agency. We also offer creative services such as website design, logos, website development, and tradeshow designs. These are under class 042 and marketing under 035. Should I select both classes or should I create my own and include all my services? Thank you again

[@ElizabethPW]

If you can use descriptions from idm-tmng.uspto.gov/id-master-list-public.html it is best because it is cheaper and also faster / easier to get approved.

[@destructivedes]

Wonderful video. I've been researching for months trying to find the correct class to use. Ultimately I"ll probably need an attorney's help. I'm so confused on what I would use for the class to cover a variety of handmade items (crochet/knit). I do have an online store, and I do in person events as well. Rather than filing multiple classes to cover clothes, toys, home goods, etc, I'm wondering if class 35 would be sufficient; because most of the items I make, are not my design, I'm moreso concerned with covering my business name and what it's associated with, not the actual items themselves, do you think this would be the route to go?

[@ElizabethPW]

Typically if the brand isn't on the products (the product labels/tags) because they are someone else's products, but the brand is on the store, we go with the store.

[@destructivedes]

@@ElizabethPW Thanks so much for your reply! That's where it gets confusing. Because the products are mine, I've made them all myself, they do have my labels with my name on it. However, for most of them the pattern for the product has come from someone else, with permission to replicate and distribute and sell. Because we're talking about crochet and knitting, you're making something based off a pattern that's come from somewhere else, but you've done the work. So for example I make a shirt, but it's from a pattern I find online that's given permission to be sold, my label is on it because I've made it and am selling it in my store, crediting the pattern writer in the description. So while the design itself is not mine, the work is therefore the product I'm selling IS mine. This is why I'm going to have to find someone to hire and help me with this lol. Sorry for the long reply, just wanted to be a little more clear. Thanks again for your reply!

[@taliashortspingpong]

If you apply for a general store, can someone else apply for a specific store using the same name? For example, a store that sells herbal medicines, cosmetics and skin care products. If I file it under a general store can someone else apply for say an apothecary store using the same name? Thanks so much!

[@ElizabethPW]

They should not be allowed to (because those classes are coordinated) but it can happen sometimes

[@brookewarner6830]

I am going to be selling a car seat food tray? I’m running into what category this would go under?

[@ElizabethPW]

Hm you might go under class 21 "Meal trays"

[@brookewarner6830]

@@ElizabethPW Thank you!

[@yahmeen77]

Hi Elizabeth, what cladding should I choose for my brand that is going to be haircare products? Not just heat protectant or hair sprays, but all kinds of hair related products. Thx!

[@ElizabethPW]

Non-medicated hair products are in class 003. So you just look in idm-tmng.uspto.gov/id-master-list-public.html for the various types of products you will be selling and select them. You have to be a bit specific but you can include many items

[@adalijaber6122]

Dear Elizabeth, Great video and tons of good information. Thank you very much!!. I just started my shoes business and it's made with native fabric and genuine leather. My sales are online, and promptly in a store. Do I need it to pick one class or two classes? One for shoes and another for retail and online? Which Class and Term ID do I have to choose?. I'm building a website and I will not only sell shoes I will like to sell t-shirts, bags, and small items made with fabric to match the shoes. I don't want to invest much money if it's not need it. I'm a solopreneur. I appreciate your prompt response. Thank you again.💖

[@ElizabethPW]

Depends on your budget, but think about whether your brand is the products (that could be sold by another business) or the store (where you sell other people's products)

[@officialjunot]

I’m taking control of my en legis and trademarking my ALL CAPS birth name. I got a tax ID number and got an LLC in my BIRTH name. The tax ID is filed under consulting. What’s class would I put my trademark under in this circumstance? Thank you for answering my question in advance.

[@ElizabethPW]

To get a trademark, you must be using your all caps birth name in commerce, aka sell some service or product. So if you are selling consulting services, you'd put it in one of the consulting categories -- depends on the type of consulting (business, telecommunications, etc).

[@EDickerson]

Another great video Elizabeth! Always helpful information! I have a question. I'm wanting to trademark a logo I will start out selling on T-shirts but may also put on other products like coffee mugs, phone cases, etc. I know I can start out with class 25 for the T-shirts but what would I do to branch out to the other products?

[@ElizabethPW]

So if you end up wanting to branch out later, you can just do that (do a search to make sure it is not taken in that class!) and file a new trademark application for that class. You are not required to do that before selling in the new class, though

[@flowfreeordie]

Thank you Elizabeth for the video. I am looking for multiple classes, podcasts, entertainment events, and merchandise. What class would I be looking for?

[@ElizabethPW]

Well podcasts, events, and merch would be in at least three different classes. You have to search for more specific things, like in merch there are many classes -- t-shirts are different than tote bags, for example.

[@elnorahughes]

Greetings, im wanting to know what is the correct class number for a unisex salon, and i sell retail in my salon … shampoo,conditioner and hairspray

[@ElizabethPW]

Salon services and the products would be in different categories. "Hair salon services" is class 44. Products depends on whether they have medicinal components -- "hair shampoo" is class 03 but "Medicated shampoo" is class 05. ("hairspray" and "hair conditioner" are also 03)

[@JesusGarcia-iu6er]

Hey Elizabeth, if Im starting a brand, and only starting with online clothing for now but intend to expand to different kinds of products and classes in the future... should I might as well pick my class in the store category? or just class 25? Thanks in advance!

[@ElizabethPW]

Whether you do a store or a product depends on what is the emphasis of the business. Is it a store that sells multiple products, including other company's products, or is it a product brand that is sold at multiple stores, not just yours.

[@lornawilliams5335]

I’m a FBA (Fulfillment By Amazon Seller) My first item will be a beauty item to sell but I may sell toys or even kitchen items eventually… should I trademark under a store (category 35) or under (category 3) for beauty? Thanks in advance for your help.

[@ElizabethPW]

Think of it this way - are you are store selling other company's branded products, or are do you have branded products that can be sold at any store

[@stephaniehenry5617]

I want to put a phrase on a t shirt what class is that also if I have symbols In the phrase like a "eye" in place of the letter "I" is that part of the trademark ?

[@ElizabethPW]

There's a class for t-shirts (25: T-shirts). You can file a trademark over the design (with the "eye") and also over the word(s) -- they are technically separate trademarks.

[@stephaniehenry5617]

@@ElizabethPW thank you for clearing that up for me. But what's the difference between class 40 and 25?

[@ElizabethPW]

25 is a product class that includes most clothing. 40 is a service class that would include the process of dying a t-shirt a different color, for example.

[@stephaniehenry5617]

@@ElizabethPW oh ok thank you for the clarification.

[@lastar4662]

hello , awesome information,! I do have a question , if I own an online store and my items include clothing ,stickers , tumblers and tote bags, should I register in class 22 and 35 only?

[@ElizabethPW]

Most clothing is class 25. Most stickers are class 16. Tote bags are 18 and tumblers are class 21. That's a lot of $ to do all those categories, though! So you may want to just pick the one or two that are most important. Sometimes I have clients file as a store instead (class 35) ... but it really depends upon your products and branding, whether that makes sense.

[@michelleanderson7770]

Hi ElizabethI am super excited I came across your video, I hope you can help with this question. I am trying to trademark a name on my canvas tote bag ''The Nail Bag" however should I list it under 035 because I am selling it online or should I list it under 018?

[@ElizabethPW]

If the brand is what is on the tag/label then usually you'd put it under the class for canvas tote bags. The store is usually more if you have a shop where you sell other company's goods

[@Hindimoviefull67]

Hi mam it was great to get all that knowledge about trademark but i just want to start selling different types of products like house product electronics clothing kitchen or tools for medical what class could carry most of them and how to just put your trademark in e commerce before regester it to uspto. At last do i need to make website for trademark . Ill be really thankful

[@ElizabethPW]

In theory, stores that have many products, and where the branding is the store, can file under class 35 retail store services

[@JustHere940]

Thank you. That was really helpful for me as I’m starting a business. So I’m basically a gift set store but I started to brand the candle, lotion, etc I use. I think store would make more sense?

[@ElizabethPW]

Think of it from the perspective of your customers -- do they think of your brand as associated with the store, the gift sets, or the individual products? Sometimes it is more than one, but probably one is primary. That's the one you pick. So yes it may be the store category, but may also be "gift sets" or "gift baskets."

[@JustHere940]

@@ElizabethPW that’s helpful, thanks.

[@SK-hv3zn]

Hello, I have a plan to file trademark application under 25. Should I pick specific products to sell or have a broader application to cover whole class as clothing, footwear, headwear? Thanks!

[@ElizabethPW]

Typically in class 25 I will file using a list. Like "hoodies, tee-shirts, pants ...." But it really depends on the situation and what other trademarks are close (if any)

[@SK-hv3zn]

@@ElizabethPW Thank you!

[@matildamariem]

This was an amazing video. I am a makeup artist hairstylist, whos writing a book, with a podcast, public speaking, and servicing clients. I was thinking of classifying it as an online store.. Or should I pick 2 seperate classes for services and media?

[@ElizabethPW]

It really depends on what the brand is. Is the brand a store, where you sell other people's stuff as well as your own, or is the brand the services, the products, etc. Think of it from the perspective of the customer/client, how do they see the brand.

[@jesusiscoming5946]

Hi Elizabeth, I’m trying to register my business name and they are asking for Specimen or facsimile, But the whole issue I’m having here is that I will be selling various goods online not just one specific product. Please help me because I’m unable to submit the application thank you very kindly

[@ElizabethPW]

If you are selling other companies' goods (with their brand on the tag/label) then it can make more sense to apply in the "store" class (035). If you are selling goods with your own brand on the tag/label, then you can file in multiple classes (or just pick one or a few to start and do more later)

[@Raz0rblade_R0mance]

Elizabeth, your content is amazing and EXTREMELY helpful! For my business, its going to be somewhat of an online scrapbook/journal/memory but with a facebook shareable feel. Im confused as to which class I should pick. None of the classes (9, 35, 38, 41, 42) fits EXACTLY what my business is trying to do. Is it better to over "select" or "under select" and can trademarks be modified once they are filed and approved?

[@ElizabethPW]

Well if you pick many classes then you have to pay $250 per class, so that ads up. Think about what you will submit as the specimen for each class -- that is what must match up to the class. You can't modify the trademark after applying usually, but if the examiner has a problem with the class they will tell you what class to move it to instead

[@tiffanylee704]

Hello, I’ve been binge watching your videos lol I have a question I have a baked goods business (sole proprietor) but I also do party favors, do I have to include that? Also I just want to trademark my name I don’t care to much about the logo. Is that possible or would I have to trademark a logo along with the name. Last question sorry what class would baked goods fall under? Thank you so much for your help. I’m gaining confidence in attempting this application through all your videos :-)

[@ElizabethPW]

You don't have to include everything you sell. I'd not trademark the logo if it is not important. Go here idm-tmng.uspto.gov/id-master-list-public.html and search for baked goods

[@globaldon7212]

Wow this is an excellent presentation just came across your channel and had to subscribe immediately. Thank you for the information provided. I have few quetions if you could assist 1. Can one register a trade mark that is different from your business name say an LLC? 2. If one have different product line say like electronics & home appliances, apparel, non medical cosmetics do I have to file different classes of trade mark considering the fact that the products have the same brand name/logo? Once again thanks for the video

[@ElizabethPW]

1 - yes the trademark just needs to be some word/phrase/symbol etc that is being used to identify the source of the product or service (aka a brand name) 2 - if you want protection for the brand as being used on multiple types of products (where it is the brand on the tag/label), yes you'd put it in multiple classes.

[@globaldon7212]

@@ElizabethPW thanks I will work towards it accordingly thanks again

[@ElizabethPW]

Want to work with me on your USPTO Trademark application? I have a few spots in my schedule for new clients for Trademark Packages ($850 plus USPTO filing fees), where I will represent you & file your trademark with the United States Patent & Trademark Office. This includes doing a trademark search, consulting about strategy, filing the application, and facilitating it through the trademark office process. If you're interested, email me at [e-mail] and we can get started discussing if this is a good fit for you and next steps.

[@medicine1111]

Thank you!

[@priyam1550]

Another fantastic video! If you are filing in one class (service) and know you will have a product later on but don't have it yet, should you file for the product at the same time or only the service that exists now. Thank you!

[@ElizabethPW]

You can go either way. But if you are not going to launch the products soon, then you'd be filing "intent to use" on that class and it will not issue (be final) until you make a sale -- if it will be a while that will be a delay in your trademark application or other fees to split them. You could also file two separate applications, one for each class, and then you don't have to split later (two separate one-class applications vs one two-class application = the same fee).

[@Desert_Kingdom]

@@ElizabethPW can i use same brand picture and name if i apply to add different class again?