Trademark Class 5—What Does It Encompass?
Trademark classes are one of the administrative requirements for successfully filing a trademark or service mark. Before you apply, you are obligated to group your goods and services into pre-existing categories or risk having your petition rejected.
To avoid potential bumps in the road, familiarize yourself with the trademark class system on time!
In this article, we explain which products can be filed under trademark class 5 and how to initiate the trademark registration process using DoNotPay.
In United States commerce, small business owners must use the so-called Nice Classification (NCL) system to label goods and services. The international sorting system has been in effect since 1973 and currently provides 45 separate categories for various industries.
According to national and international trademark registration standards, trademark class 5 specifically encompasses the following items:
- Various medicinal/veterinary products and preparations
Not all medical supplies, pharmaceutical articles, and sanitary products belong in trademark class 5. Check out the table below for more details:
|Trademark Class 5 Includes||Trademark Class 5 Excludes|
If none of your products fit these parameters, you can try a coordinated class, i.e., a trademark class that relates to the same industry sector. Depending on what kind of goods and services you market, you have several alternatives to trademark class 5:
- Trademark class 44—Medical and veterinary services
- Trademark class 42—Science and technology services
- Trademark class 35—Advertising and business-related services
- Trademark class 10—Medical supplies
- Trademark class 3—Chemicals
Sorting your goods and services into NCL categories is one of the steps you have to complete to qualify for trademark registration. Following the United States Patent and Trademark Office (USPTO) guidelines, you are also required to:
- Determine the trademark type
- Confirm the availability of the desired trademark
- Select the trademark registration level
You can assign any visual or textual symbol to your products to make them stand out among marketplace competitors. Some of the more frequent trademark types include:
- Words, phrases, and slogans
- Logos and logo designs
- Original artwork and pictures
- Names (usernames and domain names alike)
- Original characters and mascots
It is imperative to conduct a USPTO search before you apply for registration to confirm the trademark is not already in the database. You can access the Trademark Electronic Search System (TESS) via the federal agency’s official website. The procedure is quick, and it ensures you are not infringing on anyone’s rights.
Infringement is one of the leading reasons why you need a trademark in the first place. As soon as you start applying a particular symbol to your goods and services, you acquire local trademark protection. Since common law rights don’t extend beyond the immediate geographical area, you should also apply for:
- State registration—Your ownership is limited to a single U.S. state
- Federal registration—Federal trademark protection laws safeguard your brand in the entire U.S.
- International registration—You can prosecute infringing individuals or companies in the 124 countries that signed the Madrid Protocol
After establishing the level of protection your enterprise requires, it is time to file the official trademark application form. You can formally submit your request via the Trademark Electronic Application System (TEAS).
The document layout is divided into sections:
- Personal information—Legal name, business address, and contact info
- Trademark type—Description of the applied-for mark
- Trademark class—List of all trademark classes (e.g., trademark class 5)
- Filing basis—Either proof of use in commerce or a statement declaring intent-to-use
- Registration fees—Proof of payment
If you are already using the applied-for mark in commerce, you will need to enclose a real-world example. Items that fall under trademark class 5 need to be visibly labeled with a trademark specimen on both containers and tags. If you fail to provide a viable specimen, your application will be rejected without a right to a refund.
The registration fees are different for each application form, and the two current filing options are:
- TEAS Plus ($250 per class)
- TEAS Standard ($350 per class)
Trademark costs don’t end with registration since they come with an expiration date. As opposed to copyright, you must renew your trademark once every ten years, or the USPTO will annul the registration.
Without proper guidance, registering a trademark can turn into a bureaucratic nightmare. Entrepreneurs often agree to pay the flat attorney fees instead of handling the process independently.
DoNotPay is the ideal alternative to the costly services of an IP lawyer! With our Trademark Registration product, the entire process will be easy to follow and incredibly fast.
All you have to do is:
- Sign up for DoNotPay
- Select the Trademark Registration product
- Describe your brand and trademark type
- Confirm you have paid the application fees
You can rely on our powerful algorithm to check the USPTO database for similar trademarks and proceed to deliver the paperwork in the blink of an eye!
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