Incorporate USA, Inc has been performing trademark searches for incorporation clients and alike since 1994.
Incorporate USA performs thousand of trademark searches for corporations, individuals, and sole proprietors to protect the use of their name, logo, or phrases that are used in everyday business or product development.
Incorporate USA provides a thorough search of the United States Patent and Trademark database for every trademark client. Each trademark client is entitled to five trademark searches for the fees charged within a twelve-month period. As the business develops and new products or services are produced, each trademark client should consider protecting the “ownership” of their unique trademark.
Incorporate USA saves thousands of dollars for each and every client vs. the traditional trademark and patent attorney used in these circumstances.
Trademark and Patent Attorneys generally charge anywhere from $1000 to several thousand dollars per trademark. Incorporate USA understands the cost of setting up a business; never mind the cost to trademark the name. This is why we provide such a substantial service at a substantial discount for each trademark client.
Trademark USA will make no claims to the guarantee of a filing as the filing is the decision of the reviewing trademark attorney at the United States Trademark and Patent office, also known as the USPTO.
Trademark your company name, company logo, or company phrase today with Incorporate USA.
Trademarking your company name, company logo, a unique phrase, or Product Name provides you and your company the assurance that another company, person, or entity cannot use your “mark” as you have made claim to the mark. This protection is the insurance that for a specific mark within the industry (there are 42 categories for trademarks) it is marked is yours for keeps.
What if someone or another company wanted to use your name on a similar product, service, or as their company name? It’s like someone stealing your own identity and a feeling of “violation” would arise. Protect against this feeling by trademarking what you think you own.
ONCE A TRADEMARK IS REGISTERED, YOU OWN THE MARK IN THE CATEGORY YOU CHOOSE.
You buy Auto Insurance, Health Insurance, Life Insurance, Save for retirement or a rainy day. Why wouldn’t you buy the “Insurance of owning a Name, Logo, or Phrase? Doesn’t make sense, not to Trademark!
In addition, our search services save time and money that if a trademark exists that you are not in violation of using someone’s mark inadvertently. This can save you thousands in potential fees and unnecessary attorney fees! Protect yourself, your company, and your mark on a state and federal level. Both are offered by Incorporate USA.
It is Simple
We do all the work
Search, Paperwork, including application
We even include an envelope addressed to the proper authority. All you do is review and sign.
The Registration Process
Filing Date – Filing Receipt Examination Publication for Opposition Issuance of Certificate of Registration or Notice of Allowance
Filing Date – Filing Receipt
The PTO is responsible for the federal registration of trademarks. When an application is received, the PTO reviews it to determine if it meets the minimum requirements for receiving a filing date. If the application meets the filing requirements, the PTO assigns it a serial number and sends the applicant a receipt about two months after filing. If the minimum requirements are not met, the entire mailing, including the filing fee, is returned to the applicant.
About four months after filing, an examining attorney at the PTO reviews the application and determines whether the mark may be registered. If the examining attorney determines that the mark cannot be registered, the examining attorney will issue a letter listing any grounds for refusal and any corrections required in the application. The examining attorney may also contact the applicant by telephone if only minor corrections are required. The applicant must respond to any objections within six months of the mailing date of the letter, or the application will be abandoned. If the applicant’s response does not overcome all objections, the examining attorney will issue a final refusal. The applicant may then appeal to the Trademark Trial and Appeal Board, an administrative tribunal within the PTO.
A common ground for refusal is the likelihood of confusion between the applicant’s mark and a registered mark. This ground is discussed on pages 2 and 3. Marks that are merely descriptive in relation to the applicant’s goods or services, or a feature of the goods or services, may also be refused. Marks consisting of geographic terms or surnames may also be refused. Marks may be refused for other reasons as well.
Publication for Opposition
If there are no objections, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the PTO. The PTO will send a NOTICE OF PUBLICATION to the applicant indicating the date of publication. In the case of two or more applications for similar marks, the PTO will publish the application with the earliest effective filing date first. Any party who believes it may be damaged by the registration of the mark has 30 days from the date of publication to file an opposition to registration. An opposition is similar to a formal proceeding in the federal courts but is held before the Trademark Trial and Appeal Board. If no opposition is filed, the application enters the next stage of the registration process.
Issuance of Certificate of Registration or Notice of Allowance
If the application was based upon the actual use of the mark in commerce prior to approval for publication, the PTO will register the mark and issue a registration certificate about 12 weeks after the date the mark was published, if no opposition was filed.
If instead, the mark was published based upon the applicant’s statement of having a bona fide intention to use the mark in commerce, the PTO will issue a NOTICE OF ALLOWANCE about 12 weeks after the date the mark was published, again provided no opposition was filed. The applicant then has six months from the date of the NOTICE OF ALLOWANCE to either (1) use the mark in commerce and submit a STATEMENT OF USE, or (2) request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE (see forms and instructions in this booklet). The applicant may request additional extensions of time only as noted in the instructions on the back of the extension form. If the STATEMENT OF USE is filed and approved, the PTO will then issue the registration certificate.
Classes of Goods and Services
GOODS (Classes 1- 34 )
SERVICES (Classes 35 – 42)
CLASS 1 (Chemicals)
Chemicals used in industry, science, and photography, as well as in agriculture, horticulture, and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
This class includes mainly chemical products used in industry, science, and agriculture, including those which go to the making of products belonging to other classes. Includes, in particular: compost; salt for preserving other than for foodstuffs.
Does not include, in particular: raw natural resins (Cl. 02); chemical products for use in medical science (Cl. 05); fungicides, herbicides, and preparations for destroying vermin (Cl. 05); adhesives for stationery or household purposes (Cl. 16); salt for preserving foodstuffs (Cl. 30); straw mulch (Cl. 31).
CLASS 2 (Paints)
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers, and artists. Explanatory Note This class includes mainly paints, colorants, and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes, and lacquers for industry, handicrafts, and arts; dyestuffs for clothing; colorants for foodstuffs and beverages. Does not include, in particular: unprocessed artificial resins (Cl. 01); laundry bluing (Cl. 03); cosmetic dyes (Cl. 03); mordants for seed (Cl. 05); paint boxes (articles for use in school) (Cl. 16); insulating paints and varnishes (Cl. 17).
CLASS 3 (Cosmetics and cleaning preparations)
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
This class includes mainly cleaning preparations and toilet preparations. Includes, in particular: deodorants for personal use; sanitary preparations being toiletries. Does not include, in particular: chemical chimney cleaners (Cl. 01); degreasing preparations for use in manufacturing processes (Cl. 01); deodorants other than for personal use (Cl. 05); sharpening stones and grindstones (hand tools) (Cl. 08).
CLASS 4 (Lubricants and fuels)
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. Explanatory Note This class includes mainly industrial oils and greases, fuels and illuminants. Does not include, in particular: certain special industrial oils and greases (consult the Alphabetical List of Goods).
CLASS 5 (Pharmaceuticals)
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Explanatory Note This class includes mainly pharmaceuticals and other preparations for medical purposes. Includes, in particular: sanitary preparations for medical purposes and for personal hygiene; deodorants other than for personal use; cigarettes without tobacco, for medical purposes. Does not include, in particular: sanitary preparations being toiletries (Cl. 03); deodorants for personal use (Cl. 03); supportive bandages (Cl. 10).
CLASS 6 (Metal goods)
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. Explanatory Note This class includes mainly unwrought and partly wrought common metals as well as simple products made of them. Does not include, in particular: bauxite (Cl. 01); mercury, antimony, alkaline and alkaline-earth metals (Cl. 01); metals in foil and powder form for painters, decorators, printers, and artists (Cl. 02).
CLASS 7 (Machinery)
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Explanatory Note This class includes mainly machines, machine tools, motors, and engines. Includes, in particular: parts of motors and engines (of all kinds); electric cleaning machines and apparatus. Does not include, in particular: certain special machines and machine tools (consult the Alphabetical List of Goods); hand tools and implements, hand-operated (Cl. 08); motors and engines for land vehicles (Cl. 12).
CLASS 8 (Hand tools)
Hand tools and implements (hand-operated); cutlery; side arms; razors. Explanatory Note This class includes mainly hand-operated implements used as tools in the respective professions. Includes, in particular: cutlery of precious metals; electric razors, and clippers (hand instruments). Does not include, in particular: certain special instruments (consult the Alphabetical List of Goods); machine tools and implements driven by a motor (Cl. 07); surgical cutlery (Cl. 10); paperknives (Cl. 16); fencing weapons (Cl. 28).
CLASS 9 (Electrical and scientific apparatus)
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission, or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, and computers; fire-extinguishing apparatus. Explanatory Note Includes, in particular: apparatus and instruments for scientific research in laboratories; apparatus and instruments for controlling ships, such as apparatus and instruments, for measuring and for transmitting orders; the following electrical apparatus and instruments: a. certain electrothermic tools and apparatus, such as electric soldering irons, electric flat irons which, if they were not electric, would belong to Class 8; b. apparatus and devices which, if not electrical, would be listed in various classes, i.e., electrically heated clothing, cigar-lighters for automobiles; protractors; punched card office machines; amusement apparatus adapted for use with television receivers only. Does not include, in particular: the following electrical apparatus and instruments: a. electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit-presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7; b. electric razors and clippers (hand instruments) (Cl. 08); electric toothbrushes and combs (Cl. 21); c. electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11); clocks and watches and other chronometric instruments (Cl. 14); control clocks (Cl. 14).
CLASS 10 (Medical apparatus)
Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. Explanatory Note This class includes mainly medical apparatus, instruments, and articles. Includes, in particular: special furniture for medical use; hygienic rubber articles (consult the Alphabetical List of Goods); supportive bandages.
CLASS 11 (Environmental control apparatus)
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. Explanatory Note Includes, in particular: air conditioning apparatus; bedwarmers, hot water bottles, warming pans, electric or non-electric; electrically heated cushions (pads) and blankets, not for medical purposes; electric kettles; electric cooking utensils. Does not include, in particular: steam producing apparatus (parts of machines) (Cl. 07); electrically heated clothing (Cl. 09).
CLASS 12 (Vehicles)
Vehicles; apparatus for locomotion by land, air, or water. Explanatory Note Includes, in particular: motors and engines for land vehicles; couplings and transmission components for land vehicles; air cushion vehicles. Does not include, in particular: certain parts of vehicles (consult the Alphabetical List of Goods); railway material of metal (Cl. 06); motors, engines, couplings, and transmission components other than for land vehicles (Cl. 07); parts of motors and engines (of all kinds) (Cl. 07).
CLASS 13 (Firearms)
Firearms; ammunition and projectiles; explosives; fireworks. Explanatory Note This class includes mainly firearms and pyrotechnical products. Does not include, in particular: matches (Cl. 34).
CLASS 14 (Jewelry)
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. Explanatory Note This class includes mainly precious metals, goods in precious metals, and, in general, jewelry, clocks, and watches. Includes, in particular: jewelry (i.e. imitation jewelry and jewelry of precious metal and stones); cuff links, tie pins. Does not include, in particular: certain goods in precious metals (classified according to their function or purpose), for example metals in foil and powder form for painters, decorators, printers, and artists (Cl. 02); an amalgam of gold for dentists (Cl. 05); cutlery (Cl. 08); electric contacts (Cl. 09); pen nibs of gold (Cl. 16); objects of art not in precious metals (classified according to the material of which they consist).
CLASS 15 (Musical Instruments)
Musical instruments. Explanatory Note Includes, in particular: mechanical pianos and their accessories; musical boxes; electrical and electronic musical instruments. Does not include, in particular: apparatus for the recording, transmission, amplification, and reproduction of sound (Cl. 09).
CLASS 16 (Paper goods and printed matter)
Paper, cardboard, and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks. Explanatory Note This class includes mainly paper, goods made from that material, and office requisites. Includes, in particular: paper knives; duplicators; plastic sheets, sacks, and bags for wrapping and packaging. Does not include, in particular: certain goods made of paper and cardboard (consult the Alphabetical List of Goods); colors (Cl. 02); hand tools for artists (for example spatulas, sculptors’ chisels) (Cl. 08).
CLASS 17 (Rubber goods)
Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, not of metal. Explanatory Note This class includes mainly electrical, thermal, and acoustic insulating materials and plastics, being for use in manufacture in the form of sheets, blocks, and rods. Includes, in particular: rubber material for recapping tires; padding and stuffing materials of rubber or plastics; floating anti-pollution barriers.
CLASS 18 (Leather goods)
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness, and saddlery. Explanatory Note This class includes mainly leather, leather imitations, travel goods not included in other classes, and saddlery. Does not include, in particular: clothing, footwear, headgear (consult the Alphabetical List of Goods).
CLASS 19 (Nonmetallic building materials)
Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch, and bitumen; nonmetallic transportable buildings; monuments, not of metal. Explanatory Note This class includes mainly non-metallic building materials. Includes, in particular: semi-worked woods (for example beams, planks, panels); veneers; building glass (for example floor slabs, glass tiles); glass granules for marking out roads; letterboxes of masonry. Does not include, in particular: cement preservatives and cement-waterproofing preparations (Cl. 01); fireproofing preparations (Cl. 01).
CLASS 20 (Furniture and articles not otherwise classified)
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. Explanatory Note This class includes mainly furniture and its parts and plastic goods, not included in other classes. Includes, in particular: metal furniture and furniture for camping; bedding (for example: mattresses, spring mattresses, pillows); looking glasses and furnishing or toilet mirrors; registration number plates not of metal; letter boxes not of metal or masonry. Does not include, in particular: certain special types of mirrors, classified according to their function or purpose (consult the Alphabetical List of Goods); special furniture for laboratories (Cl. 09); special furniture for medical use (Cl. 10); bedding linen (Cl. 24); eiderdowns (Cl. 24).
CLASS 21 (Housewares and glass)
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. Explanatory Note This class includes mainly small, hand-operated, utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain. Includes, in particular: utensils and containers for household and kitchen use, for example: kitchen utensils, pails, and pans of iron, aluminum, plastics and other materials, small hand-operated apparatus for mincing, grinding, pressing, etc.; candle extinguishers, not of precious metal; electric combs; electric toothbrushes; dish stands and decanter stands. Does not include, in particular: certain goods made of glass, porcelain and earthenware (consult the Alphabetical List of Goods); cleaning preparations, soaps, etc. (Cl. 03); small apparatus for mincing, grinding, pressing, etc., driven by electricity (Cl. 07); razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Cl. 08); cooking utensils, electric (Cl. 11); toilet mirrors (Cl. 20).
CLASS 22 (Cordage and fibers)
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. Explanatory Note This class includes mainly rope and sail manufacture products, padding and stuffing materials and raw fibrous textile materials. Includes, in particular: cords and twines in natural or artificial textile fibres, paper or plastics. Does not include, in particular: certain nets, sacs and bags (consult the Alphabetical List of Goods); strings for musical instruments (Cl. 15).
CLASS 23 (Yarns and threads)
Yarns and threads, for textile use. CLASS 24 (Fabrics) Textiles and textile goods, not included in other classes; bed and table covers. Explanatory Note This class includes mainly textiles (piece goods) and textile covers for household use. Includes, in particular: bedding linen of paper. Does not include, in particular: certain special textiles (consult the Alphabetical List of Goods); electrically heated blankets (Cl. 10); table linen of paper (Cl. 16); horse blankets (Cl. 18).
CLASS 25 (Clothing)
Clothing, footwear, headgear. Explanatory Note Does not include, in particular: certain clothing and footwear for special use (consult the Alphabetical List of Goods).
CLASS 26 (Fancy goods)
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. Explanatory Note This class includes mainly dressmakers’ articles. Includes, in particular: slide fasteners. Does not include, in particular: certain special types of hooks (consult the Alphabetical List of Goods); certain special types of needles (consult the Alphabetical List of Goods); yarns and threads for textile use (Cl. 23).
CLASS 27 (Floor coverings)
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). Explanatory Note This class includes mainly products intended to be added as furnishings to previously constructed floors and walls.
CLASS 28 (Toys and sporting goods)
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. Explanatory Note Includes, in particular: fishing tackle; equipment for various sports and games. Does not include, in particular: Christmas tree candles (Cl. 04); diving equipment (Cl. 09); amusement apparatus adapted for use with television receivers only (Cl. 09); electrical lamps (garlands) for Christmas trees (Cl. 11); playing cards (Cl. 16); fishing nets (Cl. 22); clothing for gymnastics and sports (Cl. 25); confectionery and chocolate decorations for Christmas trees (Cl. 30).
CLASS 29 (Meats and processed foods)
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. Explanatory Note This class includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation. Includes, in particular: milk beverages (milk predominating). Does not include, in particular: certain foodstuffs of plant origin (consult the Alphabetical List of Goods); baby food (Cl. 05); dietetic substances adapted for medical use (Cl. 05); salad dressings (Cl. 30); fertilized eggs for hatching (Cl. 31); foodstuffs for animals (Cl. 31); living animals (Cl. 31).
CLASS 30 (Staple foods)
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Explanatory Note This class includes mainly foodstuffs of plant origin prepared for consumption or conservation as well as auxiliaries intended for the improvement of the flavour of food. Includes, in particular: beverages with coffee, cocoa or chocolate base; cereals prepared for human consumption (for example: oat flakes and those made of other cereals). Does not include, in particular: certain foodstuffs of plant origin (consult the Alphabetical List of Goods); salt for preserving other than for foodstuffs (Cl. 01); medicinal teas and dietetic substances adapted for medical use (Cl. 05); baby food (Cl. 05); raw cereals (Cl. 31); foodstuffs for animals (Cl. 31).
CLASS 31 (Natural agricultural products)
Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. Explanatory Note This class includes mainly land products not having been subjected to any form of preparation for consumption, living animals and plants as well as foodstuffs for animals. Includes, in particular: raw woods; raw cereals; fertilized eggs for hatching; mollusca and crustacea (live). Does not include, in particular: cultures of micro-organisms and leeches for medical purposes (Cl. 05); semi-worked woods (Cl. 19); artificial fishing bait (Cl. 28); rice (Cl. 30); tobacco (Cl. 34).
CLASS 32 (Light beverages)
Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Explanatory Note This class includes mainly nonalcoholic beverages, as well as beer. Includes, in particular: de-alcoholized drinks. Does not include, in particular: beverages for medical purposes (Cl. 05); milk beverages (milk predominating) (Cl. 29); beverages with coffee, cocoa or chocolate base (Cl. 30).
CLASS 33 (Wine and spirits)
Alcoholic beverages (except beers). Explanatory Note Does not include, in particular: medicinal drinks (Cl. 05); de-alcoholized drinks (Cl. 32).
CLASS 34 (Smokers’ articles)
Tobacco; smokers’ articles; matches. Explanatory Note Includes, in particular: tobacco substitutes (not for medical purposes). Does not include, in particular: cigarettes without tobacco, for medical purposes (Cl. 05); certain smokers’ articles in precious metal (Cl. 14) (consult the Alphabetical List of Goods). SERVICES
CLASS 35 (Advertising and business)
Advertising; business management; business administration; office functions.
This class includes mainly services rendered by persons or organizations principally with the object of:
1. help in the working or management of a commercial undertaking, or 2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services. Includes, in particular: services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the exploitation or compilation of mathematical or statistical data; services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods. Does not include, in particular: activity of an enterprise the primary function of which is the sale of goods, i.e., of a so-called commercial enterprise; services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services); professional consultations and the drawing up of plans not connected with the conduct of business (Cl. 42).
CLASS 36 (Insurance and financial)
Insurance; financial affairs; monetary affairs; real estate affairs. Explanatory Note This class includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds. Includes, in particular: services relating to financial or monetary affairs comprise the following: a. services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services; b. services of credit institutions other than banks such as cooperative credit associations, individual financial companies, lenders, etc.; c. services of “investment trusts,” of holding companies; d. services of brokers dealing in shares and property; e. services connected with monetary affairs vouched for by trustees; f. services rendered in connection with the issue of travelers’ checks and letters of credit; g. services of realty administrators of buildings, i.e., services of letting or valuation, or financing; h. services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.
CLASS 37 (Building construction and repair)
Building construction; repair; installation services. Explanatory Note This class includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties. Includes, in particular: services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers; services auxiliary to construction services like inspections of construction plans; services of shipbuilding; services consisting of hiring of tools or building materials; repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition); various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.; services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this class and Class 40 see the Explanatory Note of Class 40). Does not include, in particular: services consisting of storage of goods such as clothes or vehicles (Cl. 39); services connected with dyeing of cloth or clothes (Cl. 40).
CLASS 38 (Telecommunications)
Explanatory Note This class includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which: 1. allow a person to talk to another, 2. transmit messages from one person to another, and 3. place a person in oral or visual communication with another (radio and television). Includes, in particular: services which consist essentially of the diffusion of radio or television programs. Does not include, in particular: radio advertising services (Cl. 35).
CLASS 39 (Transportation and storage)
Transport; packaging and storage of goods; travel arrangement. Exlanatory Note This class includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding. Includes, in particular: services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter; services connected with the hiring of transport vehicles; services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes; services connected with the functioning of airports; services connected with the packaging and parceling of goods before dispatch; services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport; services relating to the inspection of vehicles or goods before transport. Does not include, in particular: services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35); services relating to the issuing of travelers’ checks or letters of credit by brokers or travel agents (Cl. 36); services relating to insurance (commercial, fire or life) during the transport of persons or goods (Cl. 36); services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37); services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 42).
CLASS 40 (Treatment of materials)
Treatment of materials. Explanatory Note This class includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it. Includes, in particular: services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers); services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating. Does not include, in particular: repair services (Cl. 37).
CLASS 41 (Education and entertainment)
Education; providing of training; entertainment; sporting and cultural activities. Explanatory Note This class contains mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention. Includes, in particular: services consisting of all forms of education of persons or training of animals; services having the basic aim of the entertainment, amusement or recreation of people.
CLASS 42 (Miscellaneous)
Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes. Explanatory Note This class contains all services which could not be placed in other classes.
Includes, in particular:
services rendered in procuring lodgings, rooms and meals, by hotels, boarding houses, tourist camps, tourist houses, dude ranches, sanatoria, rest homes and convalescence homes;
services rendered by establishments essentially engaged in procuring food or drink prepared for consumption; such services can be rendered by restaurants, self-service restaurants, canteens, etc.; personal services rendered by establishments to meet individual needs; such services may include social escorts, beauty salons, hairdressing salons, funeral establishments or crematoria;
services rendered by persons, individually or collectively, as a member of an organization, requiring a high degree of mental activity and relating to theoretical or practical aspects of complex branches of human effort; the services rendered by these persons demand of them a deep and extensive university education or equivalent experience; such services rendered by representatives of professions such as engineers, chemists, physicists, etc., are included in this class; services of travel agents or brokers ensuring hotel accommodation for travelers;
services of engineers engaged in valuing, estimates, research and reports; services (not included in other classes) rendered by associations to their own members. Does not include, in particular: professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
services for travelers rendered by travel agencies (Cl. 39); performances of singers or dancers in orchestras or operas (Cl. 41).
CLASS 43 (Hotels and restaurants)
Services for providing food and drink; temporary accommodation.
Class 43 includes mainly services provided in relation to the preparation of food and drink for consumption, as well as services for providing temporary accommodation.
This Class includes, in particular:
- temporary accommodation reservations, for example, hotel reservations;
- boarding for animals;
- rental of meeting rooms, tents and transportable buildings;
- retirement home services;
- day-nursery and crèche services;
- decorating of food, food sculpting;
- rental of cooking apparatus;
- rental of chairs, tables, table linen, glassware;
- hookah lounge services;
- personal chef services.
This Class does not include, in particular:
- rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
- arranging travel by tourist agencies (Cl. 39);
- preservation services for food and drink (Cl. 40);
- discotheque services (Cl. 41);
- boarding schools (Cl. 41);
- rest and convalescent homes (Cl. 44).
CLASS 44 (Medical, beauty and agricultural)
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.
Class 44 includes mainly medical care, including alternative medicine, hygienic and beauty care given by persons or establishments to human beings and animals, as well as services relating to the fields of agriculture, aquaculture, horticulture and forestry.
This Class includes, in particular:
- hospital services;
- telemedicine services;
- dentistry, optometry and mental health services;
- medical clinic services and medical analysis services for diagnostic and treatment purposes provided by medical laboratories, such as x-ray examinations and taking of blood samples;
- therapy services, for example, physiotherapy and speech therapy;
- pharmacy advice and preparation of prescriptions by pharmacists;
- blood bank and human tissue bank services;
- convalescent home and rest home services;
- dietary and nutritional advice;
- health spa services;
- artificial insemination and in vitro fertilization services;
- animal breeding;
- animal grooming;
- body piercing and tattooing;
- services relating to gardening, for example, plant nursery services, landscape design, landscape gardening, lawn care;
- services relating to floral art, for example, flower arranging, wreath making;
- weed killing, vermin and pest control for agriculture, aquaculture, horticulture and forestry.
This Class does not include, in particular:
- vermin and pest control, other than for agriculture, aquaculture, horticulture and forestry (Cl. 37);
- installation and repair services for irrigation devices (Cl. 37);
- ambulance transport (Cl. 39);
- slaughtering of animals and taxidermy (Cl. 40);
- timber felling and processing (Cl. 40);
- animal training services (Cl. 41);
- health clubs for physical exercise (Cl. 41);
- scientific research services for medical purposes (Cl. 42);
- boarding for animals (Cl. 43);
- retirement homes (Cl. 43);
- funerary undertaking (Cl. 45) .
CLASS 45 (Personal and legal)
Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.
This Class includes, in particular:
- services rendered by lawyers, legal assistants, and personal advocates, to individuals, groups of individuals, organizations and enterprises;
- investigation and surveillance services relating to the physical safety of persons and security of tangible property;
- services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.
This Class does not include, in particular:
- professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
- services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
- escorting of travellers (Cl. 39);
- security transport (Cl. 39);
- services consisting of all forms of education of persons (Cl. 41);
- performances of singers or dancers (Cl. 41);
- computer programming services for the protection of software (Cl. 42);
- computer and internet security consultancy and data encryption services (Cl. 42);
- services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44);
- certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).