A Guide to Trade Mark Class 42
When applying to register a trade mark for your goods or services, you will need to select trade mark classes that you will use this trade mark for. The process of selecting your trade mark classes is essential because it determines the scope of your trade mark protection. Trade mark class 42 is one of 45 trade mark classes you can register your trade mark under.
To help you understand trade mark class 42, this article will take you through what trade mark classes are and explain what trade mark class 42 includes.
What are Trade Mark Classes?
When making an application to register your trade mark, you are required to determine how you will use your goods or services. This requires selecting one or more trade mark classes. The Nice classification system determines these trade mark classes, which breaks trade marks down into 45 different goods or services. To view the complete list of classes and find out where your goods or services fit in, you can browse the Nice classification search system here.
Why are Trade Mark Classes Important?
The trade mark class or classes you choose will determine the scope of your protection. This is because your trade mark will only be protected under the classes you select at the time of application. Therefore, choosing the most appropriate classes for your trade mark is a critical step in the registration process.
Further, you cannot increase the scope of your protection once you have submitted your application. This means that you cannot add additional classes to your trade mark after making your application. Instead, you need to make an entirely new trade mark application, which can be a long process.
What is Trade Mark Class 42?
Trade mark class 42 is a popular trade mark class that includes scientific and technical services. In particular, trade mark class 42 is for services by professionals such as doctors and engineers (including computer engineers). In addition, scientific research is also classified in trade mark class 42.
List of Services in Trade Mark Class 42
You can find some examples of services classified under trade mark class 42 in the table below:
|Computer and software services||• Computer rental|
• Software development, programming and maintenance
• Website creation and maintenance
• Computer system analysis
• Hosting computer sites
• Search engine services
• IT consultancy and advisory
|Scientific services||• Cosmetic research|
• Laboratory services
• Research and development
• Technical research
• Energy and water analysis
• Biological and chemical research and analysis
• Carbon offsetting consultancy
• Environmental protection research
• Meteorological services
|Medical research||• Clinical trials|
|Engineering services||• General engineering services|
|Surveying services||• Field analysis|
• Geological research
• Land surveying
|Design services||• Interior design|
• Dress design
• Graphic design
• Industrial design
• Website design
|Architectural services||• Architectural consultation|
• Urban planning
Services Not Included in Trade Mark Class 42
Several services are commonly mistaken to belong to trade mark class 42. This includes:
- business research (class 35);
- computer file management (class 35);
- financial evaluations (class 36);
- garden design (class 44);
- hardware installation and repair (class 37);
- legal services (class 45); and
- mining services (class 37).
If your trade mark is for any of the above services, you should consider trade mark classes outside of trade mark class 42.
Coordinated Trade Mark Classes
Applicants who file a trade mark in class 42 frequently register their trade mark in other classes. Some classes that commonly coordinate with trade mark class 42 include:
- advertising and business services (class 35);
- insurance and financial services (class 36);
- construction and repair services (class 37);
- communication services (class 38);
- transportation and storage services (class 39);
- material treatment services (class 40);
- education and entertainment services (class 41);
- medical and beauty services (class 44); and
- personal services (class 45);
You must pay an additional fee for every trade mark class you use. However, paying this fee is a good investment in your trade mark and should not deter you from adequately protecting your trade mark.
To adequately protect your trade mark, you must consider the most relevant trade mark classes. Trade mark class 42 may be appropriate for your trade mark if you will use it for services that are related to:
- computer and software;
- medical research
- design; or
If you need help determining the best trade mark class for your services or need general trade mark assistance, our experienced trade mark lawyers can help. You can get in touch with them on 1300 657 423.
Frequently Asked Questions
An eCommerce business is one that sells its products and services online, rather than through a physical store. Instead, consumers buy their goods/services from the business’ website or online shop.
Because you sell your products or services online, you do not necessarily need a physical space to manage your business affairs. However, you will need to account for things that an office provides, such as replacing face to face contact with your team with video conferencing.