Online Skill Learning Website - which Nice Classes?

[thebostonian]

Hi! I've been reading for a bit on trademark law, and have been going through the list of classes to determine which to send my word mark in for.

I'll be trademarking a word mark for an online website that will have courses on it aimed at teaching people new skills to build careers for themselves from. There may also be a social media aspect to it as well, in terms of networking opportunities.

Class 41 seems to be a given, considering its involvement with education.
Class 42 also seems a possibility, with the SaaS, and PaaS designations.
Class 38 also mentions internet chatrooms and online forums.
Class 35 has business management, organization, etc.
Class 16 has instructional materials listed.
Class 9 has recorded and downloadable media.

While I'm certain 41 applies, there are some of the rest of these I'm not entirely certain of in how to interpret. Does the education in 41 have kind of an implied "well, to educate you're definitely going to be sharing content, using forums, talking about implementing what people learn (business management), and giving out instructional materials and downloadable media, so that type of business is covered under 41 as well.

Any cursory side notes that might be of assistance in this?

 

[adjusterjack]

I'll tell you the same thing we've been telling people forever.

Without knowing your REAL trademark along with details about your business, we can't make any helpful comments

Consult a trademark attorney.

 

[quincy]

Hi! I've been reading for a bit on trademark law, and have been going through the list of classes to determine which to send my word mark in for.

I'll be trademarking a word mark for an online website that will have courses on it aimed at teaching people new skills to build careers for themselves from. There may also be a social media aspect to it as well, in terms of networking opportunities.

Class 41 seems to be a given, considering its involvement with education.
Class 42 also seems a possibility, with the SaaS, and PaaS designations.
Class 38 also mentions internet chatrooms and online forums.
Class 35 has business management, organization, etc.
Class 16 has instructional materials listed.
Class 9 has recorded and downloadable media.

While I'm certain 41 applies, there are some of the rest of these I'm not entirely certain of in how to interpret. Does the education in 41 have kind of an implied "well, to educate you're definitely going to be sharing content, using forums, talking about implementing what people learn (business management), and giving out instructional materials and downloadable media, so that type of business is covered under 41 as well.

Any cursory side notes that might be of assistance in this?

Are you in the U.S? I assume you are in Massachusetts based on your username but it is important to know. Trademark laws vary from country to country, sometimes in significant ways.

Because it is possible for more than one owner of a same-or-similar trademark to be allowed USPTO registration of their trademark - if these same/similar mark(s) were used in commerce prior to registration and the marks are used in different geographic areas or the goods/services offered are different - it can be important for a trademark owner to identify accurately their class or classes of goods/services to best protect their mark and to best avoid a trademark application rejection. You will need to include specimens for actual uses of your mark (unless you are intending to file an Intent to Use application to start).

To properly identify the class or classes for your goods/services, you can use for guidance the Trademark Examiners Manual of Procedure (TMEP) and the U.S. Patent and Trademark Office Acceptable Identification of Goods and Services Manual. Or you can seek help from a trademark attorney in your area.

It is a pretty good bet that, if you fill out and file your trademark application on your own, you will have a trademark examiner contacting you about something in your application that needs clarification or an amendment. If you choose the wrong classification, for example, you might need to file an amendment.

https://www.uspto.gov