Tips for Registering a Chemical Goods Trade Mark Under Class 1

George Raptis

• 20 July 2021
• 21 July 2021
• 6 min read

Registering a trade mark might seem like an overwhelming task at first. This is especially when you consider all the different goods and services available for registration under each of the 45 trade mark classes. However, the process of trade mark registration is fairly simple, and anyone can easily navigate it. If you are considering registering a trade mark under class 1, this article provides some examples and explanations for chemical goods listed in the class.

Why Do I Need to Choose a Class?

Many people are unaware that trade marks are registered in connection to a specific good or service. This means that a trade mark can only protect the specific goods and services that a business owner specifies in their application. For example, suppose a business sells fertiliser and plants but only has a trade mark registered in connection with the fertiliser. In that case, the trade mark is only capable of protecting the brand associated with the fertiliser. 

For this reason, you must be sure that the goods you specify in your application are consistent with the tangible goods that you wish to protect using trade marks. If you forget to include a certain item in your application, it is unlikely that you can amend your application once you have submitted it to IP Australia. Therefore, this may result in you having to submit a wholly new application at an additional cost.

To avoid missing out on any goods or services that you should specify in your application, you should ask yourself the following questions: 

• what is the nature of my business?; 
• where does my business derive its income from?; and
• what products or services does my business provide? 

Generally, if your business manufactures or produces a product to make money, it is likely that you should consider the classes for goods, ranging from 1-34 on the Trade Mark Classification Search. On the other hand, if your business is a retailer or distributor of goods, or makes money by performing a service for others, you should consider the class of services ranging from 35-45 on the Search. 

Class 1 Goods

Class 1 is a broad category containing an array of chemical goods. According to IP Australia’s Trade Mark Classification Search, goods in class 1 include chemicals used in: 

• industry;
• photography;  
• fire extinguishing compositions; 
• chemical substances for preserving food; 
• tanning substances; and 
• agriculture, horticulture and forestry.

The list of goods in class 1 is extensive. The table below provides a summary of some key examples of these goods. 

Consider Other Classes 

As mentioned above, it is important that you include all the relevant goods from the class in your application. This will ensure that your brand is adequately protected. However, when selecting an item from class 1, you must also consider other classes that may be relevant. For example, suppose your business sells fertiliser as well as plants and accessories for plants like pots or stakes. In that case, you should not only consider class 1 but also classes 21 and 31, respectively. 

Other classes which may be relevant to your trade mark include:

• class 2 chemicals relating to paints and adhesives; 
• class 3 chemicals relating to cleaning different materials and surfaces; and
• class 5 chemicals relating to medical preparations. 

To identify other classes that may be relevant, you should conduct a comprehensive search of the Trade Mark Classification Search. Further, you can identify multiple goods that exist in different classes by entering in keywords relating to your goods. 

Additional Tips 

Beyond conducting a comprehensive search of the Classification Search, here are three additional tips for registering a chemical goods trade mark under class 1. 

1. Use the Trade Mark Assist Tool 

IP Australia has developed the Trade Mark Assist Tool to assist trade mark applicants when deciding which goods to register their trade marks with respect to. Not only does the program step you through the process of choosing certain goods, but it can also help you identify other relevant classes. 

2. Look at Your Competitor’s Registered Classes

A competitor in your industry is likely to already have a trade mark registered. Since the Trade Mark Registry is publicly available, nothing stops you from searching their trade mark and seeing which classes of goods they have registered. Although they may not have the exact same goods on offer as your business, this can certainly provide you with some direction when choosing which classes of goods to register under. 

3. Consult a Trade Mark Lawyer

Perhaps the safest bet for properly registering a trade mark is to consult a trade mark lawyer. A lawyer’s expertise and experience with trade marks would greatly benefit your trade mark registration by ensuring that your application is in great shape for submission. And additionally, to ensure that you have turned your mind to all possible avenues of consideration. 

Key Takeaways 

When registering a chemical goods trade mark, it is important that you familiarise yourself with the items in the class and select the correct good within the class in your application. You should also consider other classes which may be relevant to your trade mark application by conducting a general search on the Classification Search. If you need help with applying for a chemical goods trade mark under class 1, our trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page. 

Frequently Asked Questions