{"id":8825,"date":"2022-03-28T15:12:37","date_gmt":"2022-03-28T05:12:37","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=8825"},"modified":"2022-03-28T15:12:38","modified_gmt":"2022-03-28T05:12:38","slug":"add-a-class-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/add-a-class-trade-mark\/","title":{"rendered":"How Can I Add a Class to My Trade Mark?"},"content":{"rendered":"\n

As a business owner, you may have considered registering your trade mark to provide your intellectual property (IP) an extra layer of protection. A key concept that you need to understand is trade mark classes<\/a>. This article will take you through what you need to know about trade mark classes and whether you can add a class to your trade mark. <\/p>\n\n\n\n

Trade Mark Classes<\/h2>\n\n\n\n

When applying for trade mark registration, you must nominate relevant trade mark classes. These \u2018classes\u2019 refer to categories of goods and services under which you will use your trade mark. There are 45 trade mark classes<\/a>, separated into 34 categories of goods and 11 categories of services.<\/p>\n\n\n\n

Trade mark classes allow two similar or identical trade marks to co-exist without infringing on one another. This is possible where the classes and goods\/services are completely different. For example, a trade mark for the name \u2018Happy Fox\u2019 may be used by both a clothing brand and a medical supply business, as it is unlikely that consumers will confuse these two brands. <\/p>\n\n\n\n

Adding Trade Mark Classes<\/h2>\n\n\n\n

Trade marks are only protected concerning the classes and goods\/services covered in your trade mark application. Because of this, it is essential that you carefully consider all trade mark classes your businesses currently fits into and which classes you might one day wish to expand into. While this may seem difficult, particularly for newer businesses with lots of room to grow, it is extremely important. Once you have made a trade mark application, it is only in very limited circumstances that you can increase the scope of your trade mark protection, including adding more classes to your trade mark.<\/p>\n\n\n\n

You can apply to amend your application at any stage after making your application. However, there are strict limitations to this. For example, regarding adding a class to your trade mark<\/a>, you can only do so if you submitted the trade mark classes you included in your application incorrectly due to a clerical error, and the mistake in the classes included is extremely obvious.<\/p>\n\n\n\n

If this is the case, you will need to submit a request for the change in writing to IP Australia. This request will require that you provide reasons as to why your request should be granted, and you may be required to make a declaration. In some circumstances, your request for amendments will need to be advertised in the Australian Official Journal of Trade Marks to allow for opposition before being approved.<\/p>\n\n\n\n

However, in most circumstances, you will need to file\u00a0a new trade mark application if you wish to extend the scope of your registration by adding another class or additional goods\/services.<\/p><\/blockquote>\n\n\n\n

Choosing the Right Trade Mark Classes<\/h2>\n\n\n\n

If you are unsure which classes are most suited to your trade mark, it is helpful to look at similar trade marks of competitor businesses to compare. You can search your competitors\u2019 trade marks on IP Australia\u2019s ATMOSS<\/a> search tool. However, a trade mark lawyer is the best advisor on the most appropriate classes to select.<\/p>\n\n\n\n

For example, McDonald\u2019s has a range of trade marks for their business name and their golden arches. They have trade marks under the following classes and the corresponding goods:<\/p>\n\n\n\n