Trademark and service marks are words, designs, or expressions (and combinations thereof) that are used by their owners to identify the owner’s goods and/or services, and to distinguish them from the goods and services of others. An owner’s trademark rights are established from the continuous use of the mark in connection with the sale of goods or provision of services in interstate commerce. Trademark applicants whose marks are not currently in use can file an Intent to Use application and demonstrate that the mark has been placed in use in interstate commerce within a stated time after filing.

While common law trademark rights are established through the use of a mark, registration is available at the federal and state levels to supplement and strengthen those rights. Federal trademark registration serves as notice to consumers and producers alike of the exclusive ownership and right to use a given mark in a specific international class.

A federal trademark application can be filed by or on behalf of a domestic or international mark owner who is using or will use their mark in interstate commerce within the United States. An applicant must also be able to verify that, to their knowledge, their mark is distinguishable from existing trademarks, whether an existing mark be identical, or confusingly similar.

Federal trademarks can be filed before or after a mark’s use, based either on the bona fide intention to use the mark in interstate commerce, or on a mark owner’s current use of a mark in interstate commerce. When an applicant files on the basis of their intended future use of a mark in interstate commerce, the applicant is required to provide a specimen demonstrating such use before the mark can be registered. If the applicant successfully shows that the mark is being used as stated in the application, the submission date for the intent-to-use application is deemed the effective date of registration.

Most trademark owners opt for a federal registration by filing with the United States Patent and Trademark Office (the “USPTO”), which provides a registrant a presumption of validity of registration and ownership of the mark, throughout all 50 states. However, if an owner only intends to operate their business within a particular state, and do not plan on engaging in interstate commerce, a state registration may afford a registrant a similar constructive notice of ownership, within the state of registration only.

The USPTO characterizes 45 categories of goods and services for a trademark. The list below shows what each class includes on a general basis. You can enter a description of your goods or services in the USPTO ID Manual search function to obtain a more detailed information on the class (or classes) that may cover your goods and services.

Goods

Class 1 – Chemicals

Class 2 – Paints

Class 3 – Cosmetics and cleaning preparations

Class 4 – Lubricants and fuels

Class 5 – Pharmaceuticals

Class 6 – Metal goods

Class 7 – Machinery

Class 8 – Hand tools

Class 9 – Electrical and scientific apparatus

Class 10 – Medical apparatus

Class 11 – Environmental control apparatus

Class 12 – Vehicles

Class 13 – Firearms

Class 14 – Jewelry

Class 15 – Musical instruments

Class 16 – Paper goods and printed matter

Class 17 – Rubber goods

Class 18 – Leather goods

Class 19 – Non-metallic building materials

Class 20 – Furniture and articles not otherwise classified

Class 21 – Housewares and glass

Class 22 – Cordage and fibers

Class 23 – Yarns and threads

Class 24 – Fabrics

Class 25 – Clothing

Class 26 – Fancy goods

Class 27 – Floor coverings

Class 28 – Toys and sporting goods

Class 29 – Meats and processed foods

Class 30 – Staple foods

Class 31 – Natural agricultural products

Class 32 – Light beverages

Class 33 – Wines and spirits

Class 34 – Smokers’ articles

Services

Class 35 – Advertising and business

Class 36 – Insurance and financial

Class 37 – Building construction and repair

Class 38 – Telecommunications

Class 39 – Transportation and storage

Class 40 – Treatment of materials

Class 41 – Education and entertainment

Class 42 – Computer and scientific

Class 43 – Hotels and restaurants

Class 44 – Medical, beauty and agricultural

Class 45 – Personal and legal