Trademark Classification Questions

You should list all of the products you sell under your mark in one or more applications. I like splitting up the applications so that there is one application per class, in case there are problems in one class, the other one(s) can issue. Also, if you put down the wrong class in your application, the USPTO Examiner will let you know and will ask you to change it so that it really is not a problem at this point. Good luck.

It appears that you may need several trademark applications for each class of goods under your single trademark, I advise you contact a trademark attorney that can assist you with the application filing process so no mistakes are made.

You and your own New York-licensed intellectual property attorney need to address a fundamental question: Are you branding a group of related products or are you branding a company that sells various and sundry products? If the former, you need a trademark. If the latter, you need a trade name. The analysis and conclusions will be quite different. I suspect that you need a nifty trade name to call your company. THEN you'll need to come up with nifty product names for your products. Good luck. This is not a do-it-yourself project.

Are you selling your own products that you make or are you buying under some white label agreement? That is, a trademark identifies the source of a good or service. So for example, if you are selling products made under someone else's name you need to make sure they are ok with you rebranding them. If you are sourcing from Alibaba through China, etc. in most cases this is not going to be an issue but I would at a minimum get something in writing from them before investing in a trademark. Next, before you start worrying about the most appropriate classes, you need to make sure you have conducted all the proper due diligence or you face a lot of exposure ESPECIALLY so if you rely on third-party platforms like Amazon as your main distribution channel. Your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a brief article from Fox Business News on the importance of the due diligence process and our overview guide. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC

Unless you manufacture the products or the products carry your brand and are manufactured for you, you are probably not doing this correctly. If you are a reseller, then you should be applying for a servicemark, describing your services, not as a trademark for the products that you are selling. I suggest that you contact an experienced Trademark attorney who can advise you in confidence. Many Trademark/IP firms, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Trademark attorney who can assist you.