One of the most complicated parts in filing for a trademark is determining which class is applicable for the particular good or service a trademark is associated with. In Australia, there exist 45 classes of trademarks. This article seeks to give brief guidance regarding some of the classes to allow trademark applicants to gain a better understanding before going ahead to register.
Trademark Classes 1
Artificial resins, plastics and chemicals destined for use in agriculture, forestry, horticulture, science, industry and forestry. Also includes, food preservatives, manure, industry adhesives, soldering and tempering preparations, tanning substances, and fire extinguishing formulations.
Trademark Classes 2
Rust stoppers, paints, lacquers, mordants, colourants; natural resins, powdered and foiled metals intended for use by artists, printers, painters and decorators
Trademark Classes 3
Bleaches and other laundry cleaning substances; abrasive, polishing or scouring preparations; perfumes, cosmetics, essential oils, hair lotions, dental cleaning products, soap
Trademark Classes 4
Oils and Greases for industrial purposes, wetting, dust absorbing and binding compositions; lights, including wicks and candles for lighting and fuels (including vehicle fuels)
Trademark Classes 5
Good and services used for veterinary, sanitary, Pharmaceutical and medical purposes, inclusive of substances specially formulated for medical or veterinary use. Dietary and infant foods, dietary supplements, wound dressing materials, plasters, dental wax, pest and weed control products (herbicides and fungicides)
Trademark Classes 6
Encompassing of all goods of common metals not covered in other classes. These include Common alloys and their originating metal, metal-based construction materials, mobile metal based buildings, metal materials used for the building of railway tracks. Also extends to metal pipes and tubes, ores, small pieces of metal hardware and safes.
Trademark Classes 7
Generally, covers machines and their associated parts. This includes engines and motors, agricultural implements (with the exception of hand operated incubators for eggs) transmission components (excluding land vehicles) and automatic vending machines.
Trademark Classes 8
Goods which can be trademarked in this class are cutlery, razors, sidearms and other implements and hand tools
Trademark Classes 9
Scientific measurement instruments that can survey, photograph, film, optically weigh and signal. Also includes equipment which conducts, switch, regulates or controls electricity. Additionally, it provides for transmitting, recording and audiovisual devices along with those that store the material captured by these devices i.e., DVD’s, USBs. Lastly, fire fighting apparatus, money (i.e., cash registers) and data processing machines (namely computers) also fall within it.
Trademark Classes 10
Encompassing of implants and artificial body parts, for instance, limbs, eyes, orthopaedic articles and teeth. Basically, most medical instruments are in this class
Trademark Classes 11
Equipment for heating, lighting, steam generating, heating, refrigerating, ventrilating, drying, sanitary purposes, cooking and water supply.
Trademark Classes 12
Land, air or water transportation vehicles
Trademark Classes 13
Weapons, namely firearms, ammunition, explosives, fireworks and projectiles.
Trademark Classes 14
Rare metals and associated alloys, services associated with rare metals or goods containing them as not included in other classes. Also includes watches, jewellery and gemstones.
Trademark Classes 15
Any musical instruments.
Trademark Classes 16
Cardboard and paper based goods (excluding those already listed in other classes). These are bookbinding material, photographs, stickers, stationary, photographs. It also covers materials used for creative purposes such as paintbrushes, typewriters as well as office equipment, (excluding furniture) plastic packaging material and teaching resources.
Trademark Classes 17
Three dimensional plastic used for packing, manufacturing, insulating, stopping and piping. The key distinction is they are not made of metal. Also includes gum, asbestors and rubber.
Trademark Classes 18
Natural and replica leather goods along with other animal skins and body parts used in the manufacture of umbrellas and parasols, walking sticks, harness and saddlery and whips
Trademark Classes 19
Non-metal building materials such as pipes for building, bitumen, movable buildings and monuments.
Trademark Classes 20
Household goods or furniture made of cork, wood, cane, reed, horn, wicker, ivory, bone, amber, shell, mother-of-pearl or any equivalent imitations of these materials or plastics.
Trademark Classes 21
Whitegoods, cooking utensils, container , cleaning equipment and ornaments made of glass, earthenware or porcelain exlcuding that listed in other classes.
Trademark Classes 22
Bags, ropes, tents, nets, tarpaulins, awnings, sacks, sails and string. Also includes stuffing and other padding material (excluding plastic or rupper) as well as textiles.
As is evidenced by the wide array of classes and the overlap goods and services listed within them, classifying which one you should register your trademark under is not always a straight-forward task. If further professional advice is needed to ensure the correct classification has been made, contact LegalVision’s Intellectual Property lawyers on 1300 882 957.