Trademark Classes for Jewelry

Hello, again. It’s Steve, chief paralegal
at Gerben Law Firm. In this video we’re going to look at jewelry and the classes you really
want to scrutinize if you’re attempting to register a trademark for that product. Now,
what do I mean when I say classes? Well, the USPTO, which is the United States Patent and
Trademark Office has broken all products and services down into 45 different classes. So
today I’m going to give you the most important ones you want to check out. But I should note
that even if your mark looks clear in the classes I recommend looking in, it doesn’t
guarantee that your trademark will get registered because the application still has to get reviewed
by an examining attorney. And they can reject it for reasons that I simply can’t predict. OK. Let’s get started. The trademark ID manual,
and there will be links to all of these in the comments section below, is what we’re
going to check out. We’re going to type in jewelry, as I already have done, and this
is the results that we get. Now, as you can see, Class 1-4 is the main class for jewelry,
this is what we’re definitely going to want to look in. That’s the obvious one but let’s
look at some of the less obvious ones. The next class, you’re absolutely, absolutely
going to want to check out is Class 3-5. This is for retail store services, as you can see
here, even retail jewelry store services it gets that specific. If there’s a similar mark
in Class 3-5 to a mark that you’re attempting to register in Class 1-4, your mark will absolutely
get rejected. Now, an interesting thing about retail store services in Class 3-5 is that
it didn’t always used to be classified as Class 3-5. The government just wants to make
this as confusing as possible and if that were their goal they’ve succeeded, because
for a long time retail store services were registered under Class 4-2. Now I’m going to show you an example of this
over here. This, what you see, all this here, is what’s called a free-form search. I’m making
a video which shows you how to do this, so check back for that video. For now let’s just
say we’re registering a mark for ‘barn’. So I’ve written barn here, the asterisk just
tells the software, “Look for more letters after the word ‘barn’.” It’s live, we want
to make sure it’s live, and then here we go. Retail: Goods and Services, in Class 4-2.
This is an international class. So I click submit, and let’s look at Dress Barn. Boom.
4-2, retail outlet services. So if we were registering something for ‘barn’,
this mark would create a problem. And if we were only looking in Class 3-5 we wouldn’t
find it. So definitely check out 4-2 for these marks that have been registered a long time
ago, as you can see this is in the ’80s, that may still creep up and cause a problem for
you. OK. So to review, Class 1-4, the main one,
Class 3-5, and Class 4-2 for your retail store services. Now two other ones I’m definitely
going to recommend that you look in. You’re not going to see it here because it’s not
classified as jewelry, but Class 2-5, which is clothing. Because jewelry is something
you wear, clothing is something you wear, your mark could get rejected because of a
similar mark for clothing. Additionally Class 1-8. This is, as you see here, it says jewelry
pouches, but this is handbags. So again, an accessory. Jewelry is an accessory, handbags
are an accessory, if the marks are very similar, the USPTO may reject it. So I hope you found this video informational.
At Gerben Law Firm, no surprise, we recommend using a trademark attorney to file your application.
Give Josh a call here, my brother. It’s a free consultation, 800-281-6275. He’d be happy
to talk to you. Thank you very much for watching this video and check back soon for more update.

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