TM Newsflash 06: Goods and Services

This video focuses on what is meant by the phrase "identification of goods and services." Failure to identify your goods and/or services correctly may result in major delays in the prosecution of your application. In some cases, an incorrect identification may prevent registration of your mark.

To stay current with the USPTO, subscribe to regular e-mail updates at http://www.uspto.gov/subscribe.

• Category

  Howto & Style

[MenelikTv]

Hi, I am hoping to sell clothing with my company name and logo on them. But I would also like that company and its name to be covered for making music. This would all be under trademark and goods correct?

[USPTOvideo]

You can register your trademark for both clothing and music; be sure to identify them accurately in the application. For example, “T-shirts; in International Class 25,” “Downloadable musical recordings and pre-recorded CDs featuring music; in International Class 9,” and “Entertainment services, namely, live performances by a musical band; in International Class 41.” Check the ID Manual (found on USPTO.GOV) for more options. Remember that there is a filing fee for each International Class.

[bd5588]

I appreciate you contributing all of your knowledge and time. You are a great resource!

I have been getting conflicting information about needing to register my business. My business is a one of a kind, art /designer toys. I plan to keep the business in CA, where I live and it will have a name, as opposed to using my birth name. Do I need to register my produce and if so under what category. Will it take longer than 1 month? I plan to have my site up next month.

Thanks in advance

[USPTOvideo]

Glad you find the site helpful! Remember that there’s a difference between a “business name” and a “trademark.” A business name is merely the name under which you do business in a state; a trademark is a brand. Think “Coca-Cola, Inc.” vs. “Coke.” California might require you to register a business name with the state before doing business there. Check the CA Secretary of State for more information about whether you need to register as a business.

[USPTOvideo]

You are not required to federally register your trademark, but it does significantly enhance your trademark rights. If you decide to register your mark, check the ID Manual (found on USPTO.GOV) for exact wording to identify your goods. “Toys” are classified in International Class 28. Registration takes a minimum of 6 months (often longer), but you don’t have to register the mark before you start using it. In fact, a mark must be in use before it can actually register.

[Bonnie Lau]

Thank you so much for being so helpful! I really appreciate it.



[USPTOvideo]

Remember, though, you must accurately state the basis for your goods: Section 1(a) for goods that are in use in commerce and Section 1(b) for goods with which you have a bona fide intent to use in commerce. To save costs, you may combine both 1(a) and 1(b) listings in a single application, but the mark will not register until the 1(b) basis is amended to 1(a). If you don’t want to wait for that to happen, you can file two applications (one for 1(a) goods and one for 1(b) goods).

[USPTOvideo]

You may use either identification (or both), so long as they accurately identify your goods. You can even do a list (e.g., Nutritional supplements, namely, protein dietary supplements, protein supplements, protein bars, and protein supplement shakes). The filing fee is per International Class, so, if all of your goods are in International Class 5, you only pay the fee once.

[Bonnie Lau]

Also, if I use both hit # 17 and #21 within Class 005, do I pay once or twice? I am bootstrapping my business, so I am really watching my expenses.

[Bonnie Lau]

Hi there, Thanks for the message above. I do have a follow up question. I see that the manual has class 005 for Hit # 17, Protein dietary supplements and Hit # 21 for Protein supplements. Can I use either one or both as a broader category? instead of drilling down to specific "protein bar". The reason why I ask is that I am also in product develop to hopefully offer something that is not protein bar but in the protein category, and will brand it using the same "phrase" which I want to trademk.