Trade mark Class 45

[Ana60]

Hi all,

We are looking at applying for trade marks for our new startup business. Our business will allow people to use our copyright/designs/patents for a fee, and for consultants to do work for a client using our designs. We were considering therefore whether it is appropriate to trade mark our name under Class 45 (exploitation of IP, licensing of patents, etc), or whether the items under this class were intended for a different sort of business model altogether. In other words, we aren't sure if Class 45 is at all relevant to our type of business. We are anxious to trade mark our name under the appropriate categories as soon as possible, and have gotten stuck on this question.

I would very much appreciate any help anyone is able to give, if they have any understanding of Class 45 and what sorts of situations it applies to. Thank you for any responses!

 

[FlyingRon]

No, I don't think Class 45 is appropriate. It's primarily for personal services (legal and social). I fail to see how you're even providing a service. You're selling (licensing) IP. Even if you were to somehow warp your idea into a service, I think it would fall into class 35 or 42.

I would think class 9 is more appropriate.

 

[quincy]

Hi all,

We are looking at applying for trade marks for our new startup business. Our business will allow people to use our copyright/designs/patents for a fee, and for consultants to do work for a client using our designs. We were considering therefore whether it is appropriate to trade mark our name under Class 45 (exploitation of IP, licensing of patents, etc), or whether the items under this class were intended for a different sort of business model altogether. In other words, we aren't sure if Class 45 is at all relevant to our type of business. We are anxious to trade mark our name under the appropriate categories as soon as possible, and have gotten stuck on this question.

I would very much appreciate any help anyone is able to give, if they have any understanding of Class 45 and what sorts of situations it applies to. Thank you for any responses!

I agree with FlyingRon that Class 45 does not appear to be the correct class and, based solely on what you have written, tend to think Class 35 more appropriate. But it can depend on the type of copyrighted works/designs/patents that you intend to license.

HOWEVER, and with that said, it is the correct classification of goods and services that gives trademark applicants the most difficulty and that will result in the greatest number of trademark examiner queries. For that reason, it would be smart for you to go over with an IP professional in your area not only your startup business plans but also your trademark application for registration of your mark. It is possible you will want to register your mark under more than one class.

I hope , if you are intending on licensing your works for use by others, that you have already registered these works.