4 Steps When Searching for a Trade Mark Classification

Angus

• 16 June 2021
• 24 June 2021
• 4 min read

There is a lot of information out there about choosing a trade mark classification when filing your trade mark application. Choosing the correct trade mark classification at the beginning of the process will save you time and money. If you are searching for a trade mark classification, this article will explore four of the key considerations to make during your search.

1. Go to IP Australia

The first step when searching for a trade mark classification is to go to the IP Australia website. Once you are on the website, you will see a lot of information regarding trade marks and intellectual property. It is good to read this information and familiarise yourself with the general terminology associated with trade marks and classifications. 

Once you have had the chance to read some of the articles on the IP Australia website, you may spot key issues in your trade mark application. This will make you better prepared to decide what classification is suitable for your good or service. IP Australia has a user-friendly website that can help you make the right classification choice.

2. Navigate to the Picklist

IP Australia runs the picklist to help trade mark applicants decide on the classification they need to choose for a trade mark application. Once you have navigated to the IP Australia website, you can use the search bar at the top right of the website to search for ‘picklist search’ or ‘classification search engine’. Then, press enter, and IP Australia will show you a results page that sets out some information on the picklist as well as a link to the picklist itself. 

You can make use of the picklist at any time. Feel free to read some of the articles on the picklist before navigating to the picklist itself. This will help you use the picklist and better understand what you need to know to manage your trade mark application. You can find the picklist here. 

3. Search the Picklist

Once you are on the picklist, it is time to search. The best way to search for a classification is by typing in your business’ type of product or service. The picklist has over 60,000 goods and services sorted into categories, setting out the relevant classifications for you to then choose from.

For example, if you provide trucking services to wholesalers, you might type ‘commercial trucking’ or ‘trucking’ into the search bar of the picklist. You would pick the ‘services’ classification because you are providing a transportation service. This would bring up class 39 and a list of examples of goods and services that fall into class 39. You can use the information from your search in your trade mark application. 

4. Save Your Answers

Make sure to save the results you receive from the picklist. You can use the results to choose the right classification for your trade mark application. Applications lodged using the results from the picklist are cheaper and are usually turned around quicker by the trade mark examiners. This is because the trade mark examiners at IP Australia that review your application do not have to struggle to determine what class you are trying to register your trade mark application under.

For example, if you are a trucking business and you try to register under class 35, your trade mark application will be rejected because you will have picked the wrong class. You should have registered under class 39, which governs transport services. 

If you select the wrong class, you may need to pay extra fees to respond to an adverse examination report due to choosing the wrong classification.

Key Takeaways

When deciding to search for a trade mark classification, you should take the following steps:

1. go to the IP Australia website;
2. search for the picklist;
3. search the picklist using your good or service as the search words; and
4. review the results and pick the right classification. 

If you have any questions about searching for a trade mark classification or applying for an Australian trade mark, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.

Frequently Asked Questions