The United States trademark
office groups all trademarks into "buckets" that they call classes or
classifications. All classes are identified by a number which is
determined by the trademark office in accordance with international treaties.
With most of our clients, we use (i) class 9 which includes, among other
things, software; and (ii) class 42 which is used to classify, among other
things, web services.
Once the class(es) are identified, a description of the goods and/or services
that a trademark represents is drafted. This is why when we are filing
trademark applications, we ask for a 2-3 sentence description of what your mark
stands for. Using what is provided a description for what your mark
represents is created.
After we have identified class(es) and goods/services description(s), we must receive
proof of use. This proof of use is referred to as a specimen. A
specimen must show use of the mark for each class that is filed. For
instance, a valid specimen in class 9 shows the mark actually being used on the
software. Just talking about the functionality of the software on a
website will not work for class 9. A valid specimen in class 42 is
something that describes the services that are being provide, such as a website
or a marketing slick.
The first use date is tied to which class(es) are filed . This is the
reason we cannot use the date of formation of a company. The first use
date has to be the date on which you started using the mark in commerce *and*
in the class or classes that you file in.
Brian Spross & Tina Erales
Where can I find this classification?
Posted by: online jobs | March 24, 2011 at 07:56 AM
The trademark classes can be found on the United States Patent & Trademark Office website.
http://www.uspto.gov/trademarks/notices/international.jsp
Posted by: Brian Spross | April 05, 2011 at 06:14 PM