Every Trademark Application has to be filed under at least one International Class. What are they?
Transcript: Trademark International Classes, what are they? Hi, I'm JJ, Trademark Attorney. For over 15 years, we've successfully registered over 7, 000 trademark applications. Today, we're talking about international classes. For every trademark application you file, there are different classes associated with that application.
And you must select at least one class for each application. There are 45 classes with the USPTO. The first 1 through 34 refers to goods. Classes 35 to 45 refers to services. The reason why they call international classes is because it's internationally under the Nice Agreement, every, all the countries that are signatories to the Madrid Protocol, want to have a consistent basis or consistent classification.
When you're reciprocating your protection from one country to another, it's actually the same class and same description of goods and services. So Class 025 in the U.S. should match Class 025 in France, and it should match class 025 in Japan. All of them are for clothing. That way, there's consistency and reciprocity are made much easier than otherwise trying to figure out which classes fall into different countries.
For if you want to see all the details of each of the classes, please click on the link in the comment below and it'll take you directly to the USPTO's website explaining what services and goods that fall under each of the different classes. Until next time, keep your brand safe and protected. Have a great day.
TRADEMARK Link
USPTO International Classes: Nice Agreement current edition version - general remarks, class headings and explanatory notes USPTO International Classes
This is Week 7 and Chapter 7 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!
Transcript: Hi, it's week seven, chapter seven in Atomic Habits. And in this chapter, the title is called The Secret to Self-Control. James Clear has a story up front that's fascinating about Vietnam veterans. About 35 percent of the servicemen actually tried heroin. 20 percent of those were addicted. They were concerned that when they were coming back to the states, they would maintain that addiction to heroin.
They found approximately nine out of ten of those servicemen actually kicked the habit. They weren't addicted to heroin anymore. And that was fascinating because the prevailing rule was if you're addicted to substance like that, you'll bring it over and have addictions here. What they found was that a ton of the environment has changed in Vietnam.
They were under stressful situation of war. Heroin was plentiful and their peers were using it. When they came over to the States, the environment was completely different. So, they didn't have all of those cues. And in fact, made it much easier for them not to maintain or have addiction to their habits.
Iin terms of having a self-control, he mentions three things. One of them is to make those cues and environmental cues invisible. Number two, he mentions how self-control people spend a lot less time in tempting situations. It's easier to avoid temptation than to resist it. And finally, the most practical way to eliminate a habit is to reduce the cues that cause it.
So, all right, that's week seven, chapter seven. We'll see you next week for week eight, chapter eight. Have a great day.
If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist:
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Warm regards, J.J. Lee and the Trademark Lawyer Law Firm Team!
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Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.
