One of the most fundemental things to consider before proceeding to register your brand name/logo as trade mark is the classification of goods and services. In the UK, every registered trade mark will have a class number and class specification. This means that all trade mark applicants must identify and provide the goods and services that they wish to register their mark under prior to submitting their application.
These goods and services are divided into 45 classes which can be found using the Nice Classification System provided by the World Intellectual Property Organisation (WIPO). Classes of goods (products) and services are apportioned into 45 classes which group similar goods and services into a specific class number. Classes 1 – 34 are used for products, whereas classes 35 – 45 are used to identify services. Each class does not always include all that can be covered but will give you a general indication as to what it can cover. Note that if your business requires you to register your mark in more than one class (for example food products in addition to restaurant services), this is possible, but will come at an additional cost of £50 per class with the UKIPO.
Therefore, when applying to register your mark it is of paramount importance to decide exactly what goods or services will be involved within the nature of your business. Specific care must be taken to determine the correct as failing to do so could find the examiner of your application requesting that the term is moved into the correct class – this would not only delay your application but may also result in the possibility of an additional class fee being payable.
Furthermore, once a trade mark application is filed it is not possible to add classes of goods into the application. As such, if you fail to identify the correct class of goods and register your mark under unrelated products or services, your mark could be revoked for non-use after a period of five years.
If you are unsure as to which class heading your business/brand will fall under, see here.
Should you need assistance with the drafting of your trade mark class specification why not get in contact with Lawdit where we would be happy to assist you.