Thursday, June 25, 2009

Any Requests?

I've slowed down a bit in my blog posting lately because work is a bit busy. I fully intend to continue the International Classification train but I thought it'd be a good idea to devote a post for requests.

Are there any of the trademark classes you'd like to know more about? If so, please comment with any questions.

Thanks! I'll be back soon!

Thursday, June 18, 2009

Trademark International Class:
Class 5 (Pharmaceuticals)



All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 5.

What is International Class 5 All About?


Each class has a short title heading that gives a snapshot of what that class is all about -- IC 5's short title is pharmaceuticals. But, as with anything trademark, there's more to it than that. The USPTO has 955 accepted descriptions that fit into IC 5; check them out
here.

This class contains within it all the normal items you think of when you hear the word pharmaceuticals – antibiotics, antivirals, aspirin (which
used to be a trademark), decongestants, etc. But within this class there also exists other items that have to do with medicating or healing or disinfecting.

If something is anti, it likely resides within class 5 – antibiotic, antibacterial, anti-inflammatory, antifungal, antimicrobial, anticoagulant, antiseptic, antiviral, anti-itch. Vitamins, minerals and supplements are filed in this class as are pesticides, parasiticides, repellents. You're also going to find things like bandages, bath preparations for medical purposes, deodorizers, herb teas for medicinal purposes.

What Else is in International Class 5?


Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 5 is no exception. Here are a few items living in IC 5 that seem a bit weird:


• baby food

• skin care preparations, hair care preparations, lotions, etc. that are medicated

• gluten free food

• fly paper


What's New for International Class 5?


The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 5, good plus date added to the guide:


• Algaecides [chemicals for swimming pool maintenance] 04 Jun 09

• Aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, meal replacement drinks for use as a food fillers 26 Mar 09

• Dental tablets for disclosing plaque and tartar on the teeth 05 Mar 09

• Disposable wipes impregnated with disinfecting chemicals or compounds therefor for use on {indicate items being disinfected, e.g., railings, countertops, toilet seats} 15 Jan 09
• Face creams and cleansers containing benzoyl peroxide for medical purposes, namely, the treatment of acne 19 Feb 09

• Medicated cosmetics 26 Mar 09

Wednesday, June 17, 2009

Trademark International Class:
Class 3 (Cosmetics and cleaning preparations)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 3.

What is International Class 3 All About?


Each class has a short title heading that gives a snapshot of what that class is all about -- IC 3's short title is cosmetics and cleaning preparations. But, as with anything trademark, there's more to it than that. The USPTO has 995 accepted descriptions that fit into IC 3; check them out
here.

Cosmetics of almost all kinds are to be listed in class 3. Now this includes cosmetics in the truest sense of the word (e.g. mascara, lipstick, etc.) but also includes lotions, creams, shampoo & conditioner, perfumes, etc. Basically any non-medicated liquid, creams, powder, gel, etc. that you can apply to your body is going to be in class 3. The one exception to the non-medicated rule is, for some reason, soaps. Soaps whether they're medicated or not fall into class 3. Cosmetic items for your animal friends – pet shampoos, pet odor removers – are also in class 3.


Cleaning preparations include soaps, be they for your body or your dishes, waxes, polishes, detergents, varnishes, removers, etc.


What Else is in International Class 3?


Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 3 is no exception. Here's a few items living in IC 3 that seem a bit weird:

• sandpaper

ambergris
beauty beverages
• fake blood

• temporary tattoo sprays & stencils


How do I file a Trademark in International Class 3?

Let's assume you've had your
comprehensive research conducted and are now at the application stage. The folks preparing your application should help you with compiling a list but here are some guidelines that should help expedite the whole thing.

1) Be specific. For instance, if you're selling a wax indicate what it's used for – the face, body, a car, furniture, etc. If you're selling a line of cosmetics, take the time to really think on your brand and detail all of the items.


2) Stay away from words like products, items, materials, goods, etc.


3) Don't be specific. Whoa, what? Yes, I know this is contradictory and really this is one of those trademark classes that have contradictions in it. One of the USPTO's approved descriptions for this class is "Cosmetic preparations," which is general as general can be, right? This is where your research & any advice from a trademark attorney is going to come into handy. It may be advisable to use such a generic term to allow freedom of movement within your filing. Again, this is all going to depend on two things – the results of your
comprehensive research and what a trademark attorney recommends.

Explanation of the Trademark International Classification System


Filing a name, logo or slogan is not all about the mark itself but also what you're doing with it, i.e. your goods and/or services. All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a chart here.

A Bit of History

On September 1, 1973 the USPTO adopted the international classification system as set forth by the Nice Agreement. Prior to that date, the USPTO used their classification system, which was long-winded to say the least.

For instance, let's say you wanted to file a name for clothing, shoes and hats – today you'd file it in 1 class, IC 25 but before 1973 2 classes were filed, 22 & 39. Another example – IC 16 (paper & printed materials) used to be divided across 8 classes, 2, 5, 22, 23, 29, 37, 38, 50. Suffice it to say, the IC system is far easier to wrap your mind around.

What are Goods?

As mentioned before, goods fall into classes 1-34 but what constitutes a good? The easiest way to think about it is to consider if what you're selling is tangible or not. Can you touch it, see it, hear it, wear it, smell it, so on and so forth?

Goods can include items like cosmetics, vitamins, jewelry, backpacks, clothing, cigars, food & beverage items, guitars, chemicals, paints, tools, machines, cars and on and on.

What are Services?

Services fall into classes 35-45 but what is a service? This one tends to be a bit trickier as some services deal with tangible items. One simple way to look at is to bear in mind if you're doing something for someone.

For instance, if you prepare taxes, are a real estate agent, teach something, run a restaurant or a hotel, are a doctor, lawyer, cosmetician then you're offering a service.

Can I be Selling Goods and Services?

Absolutely and these seems to almost always be the case for certain industries. Let me provide a few examples:

1) You have a name that you use for your hair salon as well as an eventual line of hair care products. To trademark the name, you'll want to file in IC 3 (cosmetics and cleaning preparations) as well as IC 44 (medical, beauty & agricultural).

2) You have a name for your retail clothing store where you sell all types of clothing from different designers. Since you are not selling your branded line of clothing, you'd need only to file in IC 35 (advertising & business).

3) You have a name for your line of baked goods, specifically cakes, candies and cookies that you distribute to coffee shops and kiosks. Since another party is selling your goods, you'd need only to file in IC 30 (staple foods).

Tuesday, June 16, 2009

Coca-Cola: Two New Trademarks

Coca-Cola filed 2 new trademarks this month. Let's take a look at both:

On June 8th, a name and logo was filed for bottles, waters, juices, soft drinks, energy drinks and most interesting, for educational services. The design is pretty neat and gives us some clues about the line.

Based on Coca-Cola's press release, the bottles will be made, in part, from plants. Later this year, Dasani and vitmainwater will be the first beverages to use these bottles. It also looks like there will be an informational site: " Web-based communications will also highlight the bottles' environmental benefits," which is likely where the educational services claim is going to come from.


Yesterday, an application for
Whole Press Squeeze was filed for "
fruit drinks and fruit juices." I wonder if Whole Press Squeeze will be inside of a plant bottle?

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The Imagineers are at it Again

On June 15th, Disney Enterprises filed 5 applications for Where Style Meets Story. The merchandising runs the gamut - from jewelry to clothing to bags & backpacks as well as bed linens and appropriately enough, sewing supplies and hair accessories.

Any guesses out there as to what this tag line might belong to? Possibly the newest Disney movie, The Princess and the Frog? Or something entirely different?

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Wednesday, June 10, 2009

Facebook Getting into the Trademark Game

Jonathan Handel wrote an informative piece about Facebook's new User Name Rights policy. Check it out at The Huffington Post here.

To register your trademark with Facebook, click here. Be sure to have your registration number handy.

And, yes I practice what I preach - TradeMark Express has been registered.

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Tuesday, June 09, 2009

Swine Flu in the Trademark World

The swine flu is still making news around the world. Any hot button topic in the news is, more often than not, quickly followed by trademarks. Check out these H1N1-tinged filings:


On May 27th, this logo was filed for a t-shirt line







Sixteen days earlier, this mark was filed, also for clothing, though I can say right now the USPTO is going to take issue with the wording in the goods description area.


So who gets it? Swine Flu Sucks filed first BUT Swine Flu! has claimed a first use date of May 12th. I'll revisit these marks in a few months once the applications have been reviewed. The decisions made by the USPTO will make for an enlightening post, I think.

Also filed in May were two marks by the health care products company, Novartis for "vaccines for human use." Swinflunov and Swineflunov certainly imply that they're connected, somehow, to the swine flu.

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Sunday, June 07, 2009

NameMedia Partners with TradeMark Express

We here at TradeMark Express are pleased and excited to be offering premium domains through BuyDomain's premium domain name inventory. Check it out here. Read the press release at NameMedia's site here.

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