Trademark Class 41 Explained

[@HairMeOutBook]

👏🏾👏🏾👏🏾✨️Thank you immensely, much appreciated 🫂

[@trademarkfactory]

My pleasure!

[@HipsterTactical]

Thank you for this! Definitely helps me feel more prepared to file with USPTO.

[@trademarkfactory]

Glad it was helpful!

[@Sauce-Money19]

Very helpful

[@trademarkfactory]

Glad it helped

[@Ashbash12]

What is the best class for a cooking vlog on KZbin?

[@trademarkfactory]

vlog itself is class 041 (education and entertainment). What you may want to SELL through the vlog could belong to other classes.

[@praxis-living]

Can you please do one of these videos on class 45?

[@trademarkfactory]

I will get this to the list. Meanwhile, do you have a specific question relating to class 45 that I could help you with?

[@praxis-living]

Yes. I want to know if there is any overlap in the field of coaching between class 41 and class 45 at all. I've found conflicting information on life coaches belonging in both categories.

[@trademarkfactory]

​@@praxis-living Class 045 is primarily for legal services, security, investigation, and surveillance services as well as other services provided to individuals in relation with social events. Coaching will be Class 041 as education or Class 035 as consulting. Life coaching services typically belong in Class 041. You can check out tmf.rocks/TMClasses to search the USPTO manual.

[@Stromshadows]

Thank you for sharing.

[@trademarkfactory]

Useful?

[@Stromshadows]

@@trademarkfactory Yes all your videos are always very helpful. I been learning a great deal from your videos.

[@ilank43]

@@trademarkfactory tremendously useful - Thanks a lot for sharing your knowledge !

[@drweiss8]

I have a crazy question in what categories would a author of a book or music artist actress or actor or other celebrities

[@trademarkfactory]

Trademarks are not about the WHO. They're about the WHAT. The answer to your question would depend on what products and services those authors or artists offer to the market under their brands.

[@drweiss8]

@@trademarkfactory Beyonce

[@Sauce-Money19]

Do you all handle litigation

[@trademarkfactory]

Thanks for asking. We don't. All we do is register trademarks with a guaranteed result for a guaranteed budget. Nothing else.

[@LunchinSports]

If I'm creating a sports youtube show I assume this would be 41 - Entertainment Services. What would be considered a specimen(s) for this use case?

[@trademarkfactory]

Correct. 041. You should provide screenshots from your show featuring the brand (name of the show) and the URL of your show channel.

[@I.PittyTheFool]

Concerning book mobile services, in US some library systems have bookmobiles… which are basically buses remodeled to hold books. They drive to areas that have less access to libraries.

[@trademarkfactory]

Wow, thanks for sharing!

[@nextstagecw]

So, as a counselor/therapist and relationship coach, would classes 41 and 45 be needed? Can't I use one class?

[@trademarkfactory]

You could probably get away with only 45-unless you do a lot of teaching, too.

[@nextstagecw]

@@trademarkfactory thank you for responding

[@blackgoddess3759]

What if I have a health and wellness business that provides educational and consulting services and now we will be selling products related to the holistic health brand. Would class 041 or class 035 be suffice?

[@trademarkfactory]

Probably not. Health & Wellness belongs in class 044. If you are going to have physical products, those would go in additional classes.

[@nextstagecw]

I paid for my name and logo trademark, and now I'm told to pay more because a class action response has to be filed per trademark. Is this normal? Why is this taking so long?

[@trademarkfactory]

I believe you are referring to an "office action response" rather than "class action response." Office actions are common. In fact 68% of applications get at least one office action. This is the reason Trademark Factory®'s packages that have unlimited responses to any and all office actions are so popular, because they act as an insurance against the moneygrab that most trademarking firms do AFTER the trademark is filed.

[@nextstagecw]

@@trademarkfactory Thanks...I am headed to your site now. If I get another trademark, I'll look into the package.

[@AttorneyonaJourney]

Thank you for this informative video! Understanding why the office made these distinctions is so helpful to my trademark application. Thanks again!

[@trademarkfactory]

Glad you found it useful!

[@radheradhebol]

Does it include podcast education

[@trademarkfactory]

Yes, it does. It includes any education.

[@Bushchannel]

Cool. I’ve been waiting for this 😎

[@trademarkfactory]

Hope it's worth it :)

[@Charged31]

Wow, thats a lot of services covered by one class. Good to know that theres such a huge overlap in things covered by class 41. Really drives home how important it is to be working with a Trademark lawyer who knows what they're doing.

[@trademarkfactory]

Have you watched the video about class 35? That one is crazy, too... kzbin.info/www/bejne/pZ7XhZaoqr1klac

[@NWSPINC]

If I have a non-profit organization that uses films, music to educate or entertain plus have a website to sell clothing and downloads of all my mater... will class 35 be sufficient for me

[@trademarkfactory]

No. Trademark classes are not about WHO YOU ARE. They are about WHAT YOU DO and WHAT YOU GIVE to the market.

[@NWSPINC]

Sir is it possible to have a private consultation with you. I would appreciate that very much and advertise your terrific services for people to come share in your wealth of experience and knowledge

[@trademarkfactory]

@@NWSPINC Hello. Yes, I can make myself available through tmf.rocks/clarity . Pick a few times there-and let's see if I can answer your questions.

[@Bushchannel]

You’ve really answered a point that I have often wondered about. That pick list item “Providing online videos, not downloadable” has always kind of baffled me because anything that’s online really is downloadable somehow. Surely they could’ve worded that better? How are you sure that “downloadable” refers to physical CDs and DVDs?

[@trademarkfactory]

"Downloadable" doesn't directly refer to physical CDs and DVDs. But in their eyes, they try to make the distinction between something that is designed to be consumed as it is being served (similar to radio, which is a service) and something a copy of which is designed to be retained by the consumer (downloadables and physical stuff). Of course, there is always a temporary copy in the cache somewhere, at least partially. But it would still be a non-downloadable. But there are so many services today that are clearly somewhere in the middle that the distinction makes less and less sense today.

[@Bushchannel]

Trademark Factory so do you think “Providing online videos, not downloadable,” is a pick list item that could describe what KZbinrs do? 😎

[@gamingfactory150]

Hi I have a gaming channel where I upload game videos would this come under class 41? Thank you

[@trademarkfactory]

Yes.

[@gamingfactory150]

@@trademarkfactory Fab! Thank you

[@Froggythegremlin]

The thumbnail 😂😂

[@trademarkfactory]

At last someone noticed, LOL :)

[@kishacavette614]

Wow a lot of services! Would bloggers fall under class 41?

[@trademarkfactory]

In most cases, yes.

[@kishacavette614]

Thank you! I’m listening to your awesome video now. Thank you so much for the comment! I’m so stuck on the class.

[@stephaniekerry1480]

So when it says my website has to have "Education and entertainment services, namely, in person and online tutoring in the field of music; providing education in the field of music rendered through video conference; educational services, namely, conducting workshops in the field of music" and I just have a rock band...do I have to provide some sort of education on my website (blog?) or do I ignore this because it is aimed at other areas covered under the massive umbrella that is class 41?

[@trademarkfactory]

If you "just have a rock band" and your trademark is only registered in connection with "Education and entertainment services, namely, in person and online tutoring in the field of music; providing education in the field of music rendered through video conference; educational services, namely, conducting workshops in the field of music," then you have a trademark that does not accurately reflect what you actually do, which creates the risk of losing trademark protection altogether. As for educational services, you should either start providing those or expect them to be dropped from your trademark. More importantly, however, you should consider filing a new trademark that would cover your entertainment services as a rock band.

[@alyshahawkins11]

Hey, I am trying to trademark a logo for a music recording studio, would this fall underneath this class ?

[@trademarkfactory]

Yes, recording studios are class 041.

[@otisjackson3238]

Have a question, if I created my own cartoon show to post online for entertainment towards people would it fall under this class?

[@trademarkfactory]

That’s right.

[@mitulushah]

Hello Sir, In which class "shutterstock" Registered inside? If anybody want to sell stock footage and/or images taking by them self and/or by others like "www.shutterstock.com", which class is best for registered them brand's name and logo.

[@trademarkfactory]

Shutterstock owns a bunch of trademarks. Their main classes are: 035 (licensing of digital data), 045 (licensing of intellectual property), 042 (providing a website featuring a search engine for images), 041 (tutorials in the field of video production and image editing), 009 (downloadable digital media).

[@mitulushah]

@@trademarkfactory Thank you... ☺️

[@mitulushah]

@@trademarkfactory If I want to sell stock footages click by me, then which class/classes is/are best for me..?

[@GrowingHomeGardening]

Love the intro song made me laugh

[@GrowingHomeGardening]

Bah! Okay, it has to do with films. So if i read my speech therapy stories and create a film, THOSE could be counted as physical products?

[@trademarkfactory]

If FB requires physical products, then it means you need to have physical products. You can still deliver your materials digitally (and have your Class 041 trademark protect you) but you would be limited to selling physical products through FB page.

[@trademarkfactory]

Again, a film you are streaming is not a physical product. A film you are selling on DVDs or VHS tapes IS a physical product.