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.
- We also found from experience that USPTO favors single-class trademark applications and examines them quicker. It is easier to prove use for a single class rather than for multiple-classes.
- Since Statement of Use filing is mandatory before registration, filing in a single class will usually allow you to file Statement of use quicker, since it’s easier to launch one product rather than five.
- 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”.
- You have to submit proof of use 6 years after registration and then at every renewal. So for multi-class registrations, it can become quite an undertaking and the risk is higher that the registrant will be tempted to renew a trademark registration for products that are no longer sold, therefore, jeopardizing the whole registration.
To open in a new tab, click: Why should I file my US trademark application in a single class?
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?
Hello Paul,
You can certainly include all clothing items in your application and still pay the government fee for a single class. It’s recommended to only filed for products that you are realistically going to sell though. If you have any questions, please don’t hesitate to contact us at tm@trademarkangel.com
Thank you!!!!