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Why should I file my US trademark application in a single class?

Especially with US trademarks, we usually recommend to file your trademark in a single class. Why?

  • It’s less expensive. Remember – government fees are paid per class. Government fees are paid during filing and then more fees may be paid if a Statement of use needs to be filed.

 

  • Single class applications are easier and faster to register. Since USPTO does a trademark search during the examination of your trademark,  your mark may be found to be confusingly similar to any other marks. Therefore, the more classes you include, the more potentially close marks USPTO may find. For example, if an office action (aka objection) issues for a four-class application, registration of a whole trademark application may be significantly delayed even if the trademark owner is trying to overcome an objection for one class and the other three classes are acceptable and registrable.

 

  • A focused application can simplify preparation, examination and proof-of-use review. The number of classes should reflect the goods and services for which protection is needed. One class can contain several different products, each of which must satisfy the applicable use requirement.

 

  • For goods or services proceeding under Section 1(b), an acceptable allegation of use is required before registration. A smaller, focused goods/services list may make that step easier to complete. Other filing bases can have different requirements.

 

  • The more classes your application includes, i.e. the broader you file – the higher the risk of an opposition is. For example, a trademark that is filed for “note-pads; diaries” is going to be less problematic than a trademark filed for “note-pads”, “clothing”, “toys” and “kitchen utensils”.

 

  • A mandatory Section 8 or 71 declaration is due between the fifth and sixth anniversaries of US registration, followed by later maintenance filings at the ten-year stages. A six-month grace period is available with additional fees. Review every retained good or service before filing and identify items no longer in use.

 

2 thoughts on “Why should I file my US trademark application in a single class?”

  1. I have a question. I want to do tee’s, sweatshirts, hoodies, etc. they all fall under Class 25. So I have to select all of the above when filling out my Trademark Application?

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