Understanding Trademark Classes

In this episode of Naming in the AI Age, Ashley Elliott explains trademark classes and why they matter. Trademarks are divided into 45 classes of goods and services, meaning the same name can exist in different classes—like Delta Airlines and Delta Faucets. A common myth is that one filing covers all categories, but protection only applies to the classes you file in. Filing too narrowly leaves gaps; too broadly raises costs and risks conflict. In the U.S., entrepreneurs can file under “Use in Commerce” (already in the market) or “Intent to Use” (reserve rights before launch). The takeaway: strike a balance—protect current needs, plan for growth, and always consult legal counsel.

Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney. 

Chapters

• 0:07 Welcome & Disclaimer
• 0:46 What Is a Trademark Class?
• 0:55 Why Classes Matter (Delta Example)
• 1:23 One Filing Doesn’t Cover Everything
• 1:38 The Trap of Filing Too Broadly
• 2:22 Use in Commerce vs. Intent to Use
• 3:22 Key Takeaways & Closing

Transcript

Ashley Elliott (00:07):

Well, hello and welcome back to naming in the AI Age. Last week we talked about the USPTO search, and I briefly mentioned trademark classes. This week I'm going to dive in a little deeper. Quick side note though, before we start. We're not trademark attorneys. This is not legal advice for specific guidance. Always consult a qualified IP attorney. We're just sharing helpful for information that's meant to help you think smarter about branding and protecting your brand name. So what exactly is a trademark class? Think of it like this. Trademarks are organized into 45 different buckets or classes. Class one through 34 is for goods and class 35 through 45 is for services.

(00:46):

This is called the Niche classification. It was created in 1957 and is now used by more than 150 countries.

(00:55):

Here's why this matters. You can have two companies using the exact same name, and both are legally fine as long as they're in different classes. A classic example could be Delta Airlines and Delta Faucets. Same name, one's in the airline class, one's in plumbing fixtures. No one's getting confused. Now, here's where many entrepreneurs get tripped up. Many entrepreneurs think that one filing covers everything wrong. Filing a trademark only protects you in that class or the classes that you specify.

(01:23):

So if you register your brand and clothing, that doesn't automatically protect you in cosmetics or jewelry.

(01:29):

Okay, well then I guess I should file in as many classes as possible, right? Cover all the bases. Here's the trap with that, the broader you go, the harder it is to clear your name.

(01:38):

Let's say you want to launch summit, an outdoor gear brand.

(01:43):

If you file summit, not just in backpacks, but also in tents, footwear and water bottles, you suddenly have to make sure you clear across all of those overlapping industries. And guess what? The outdoor gear is crowded. The more categories you try to claim, the more likely you're run into an existing name already being used.

(02:01):

And remember, with each class that you file in comes extra filing fees, maintenance costs, and proof of use requirements.

(02:09):

So going too broad can be a waste of money and even weaken your position. Not to mention, trying to use a name that clears multiple classes can often prove very, very difficult When it comes to actually filing in the us, there are two main ways to do it. Use in commerce and intent to use use in commerce applies when you're already using a mark in connection with your goods or services. In the United States Commerce. To support your application, you should provide a specimen of use, which is basically real world evidence that the mark is actually being used in the marketplace. Examples of specimens could be product packaging, tags, labels, website screenshots, anything that shows that you're actually using. The mark intent to use is available when you're not yet using the mark, but you have bonafide intent to do so in the future. An intent to use application allows you to reserve these rights in a mark before your product or service launches. At the time of the filing, you don't have to have proof of use, but to get registered and for it to be finalized, you must submit a statement of use showing it in actual commerce. If you're not ready to use your mark immediately, you can request extensions giving you approximately up to three years from the notice of allowance to prove use.

(03:22):

So what's the big takeaway here?

(03:25):

Trademark classes define the border of your brand file too narrowly, and you leave gaps for competitors to register in the classes. You may want to move into file too broadly and you risk conflict and losing money. The sweet spot would be to cover your business scope, currently, plan for near future growth and always, always get legal advice before you move forward. If this feels like new territory, check out last week's USPTO episode and that'll help guide you along. Stay tuned because next week we'll unveil another layer of this proverbial onion without the tears. Of course.