What Falls Under Trademark Class 43?
One of the sections in the trademark application form requires you to sort your products into corresponding categories. Each trademark class is designed to accommodate specific goods and services. Find out what type of items can be listed in trademark class 43 with DoNotPay’s in-depth guide.
If you want to register with the United States Patent and Trademark Office (USPTO), you need to ensure the paperwork is filled out flawlessly. A subscription to DoNotPay can help you compose an impeccable application with little to no effort.
Since 1973, United States merchants have used the Nice Classification (NCL) system to categorize their goods and services when filing a trademark. The NCL international guidelines provide 45 distinct trademark classes that cater to various industry branches.
In the case of trademark class 43, the following services are covered:
- Food and drink services
- Temporary accommodation
For a more specific overview of the category, refer to the table below:
|Trademark Class 43 Includes||Trademark Class 43 Does Not Include|
Trademark holders enjoy a certain level of protection from the moment they start using the trademark or service mark in reference to their brand. Common law rights can protect you from infringement within the geographical area of your operations.
If you want to legitimize your claim over the mark further, you need to apply for registration with the United States Patent and Trademark Office (USPTO). Factor in the size of your client base and future business goals, and choose one of the following options:
|State||Your trademark is protected within state lines, but should you ever branch out, you will have to submit another registration form|
|Federal||Having a federally registered trademark means your intellectual property is:
|International||Filing a trademark via the Madrid System ensures limited international protection. Currently, 124 countries worldwide have signed the treaty|
For your registration to follow through, you must fulfill certain requirements. Apart from selecting a trademark class, you also need to:
- Identify the type of trademark you’re using or plan to use
- Check the USPTO database to see if the trademark is available for your category
When it comes to trademark solutions, there are few limitations. Any visual or textual symbol can be viewed as a trademark, such as:
You can file for state or federal registration online, using the Trademark Electronic Application System (TEAS). Here’s a step-by-step breakdown of the process:
- Choose a USPTO filing option
- Fill out the necessary information
- Pay the USPTO application fees
- Submit the form
The trademark application form must contain all the required information. The USPTO will reject your petition if you fail to comply with the document layout.
TEAS forms contain the following sections:
- Personal information about the trademark holder
- Contact information
- Trademark type
- Trademark class (e.g., trademark class 43)
- Filing basis
- Proof of paid fees
Depending on whether you are currently using a trademark or not, you can select the following filing basis:
- Use in commerce
The intent-to-use filing basis allows you to apply for registration without a trademark. Note that you will have to promise to start using it within six months.
When calculating the costs, you need to take the following factors into account:
- Chosen USPTO filing option
- Number of trademark classes
- Additional fees
You can pick from two different pricing plans:
- TEAS Plus application form—The fee is $350 per class, paid upfront
- TEAS Standard application form—The fee is $250 per class, divided into payments
Keep in mind you are only being charged for individual categories. If all your items can be sorted into trademark class 43, you will only pay the starting rate of $250 or $350 (depending on the form).
Some additional expenses can be expected if you choose to apply with the intent-to-use filing basis. If you consult an IP lawyer at some point during the process, you will also have to account for the flat attorney fees.
You should also know trademarks incur long-term investments, unlike other types of IP protection (e.g., copyright). It is mandatory to renew your registration once every few years, or it will be considered dead.
Don’t be discouraged by the paperwork—DoNotPay offers an affordable and reliable solution! Our Trademark Registration product can generate a USPTO application form in minutes. We will also comb through the federal database to double-check your mark is available.
All you have to do to access the feature is:
- Sign up for DoNotPay
- Select the Trademark Registration product
- Answer the on-screen questions about the trademark and brand
- State whether you have paid the required fees
After you e-sign the document, we will deliver it to the USPTO.
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Some of the small-business-related matters we can help you with are:
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