Presenting a name, logo or slogan is not only about the brand itself, but also what you are doing with it, that is, your products and / or services. All products or services are classified in International Classes (hereinafter IC). Products run from IC classes 1-34, while services run from IC 35-45.

A little history

On September 1, 1973, the USPTO adopted the international classification system established by the Nice Agreement. Before that date, the USPTO used its classification system, which was wordy to say the least.

For example, let’s say you want to file a name for clothes, shoes, and hats; today I would file it into 1 class, IC 25, but before 1973 2 classes were filed, 22 and 39. Another example: IC 16 (paper and printed materials) used to be divided into 8 classes, 2, 5, 22, 23, 29, 37, 38, 50. Suffice it to say that the IC system is much easier to understand.

What are the goods?

As mentioned above, goods are classified into classes 1 to 34, but what constitutes a good? The easiest way to think about it is to consider whether or not what you are selling is tangible. Can you touch it, see it, hear it, use it, smell it, etc., etc.?

Products can include items such as cosmetics, vitamins, jewelry, backpacks, clothing, cigars, food and beverages, guitars, chemicals, paints, tools, machines, cars, etc.

What are the services?

Services are classified into classes 35-45, but what is a service? This tends to be a bit more complicated as some services deal with tangible items. An easy way to look at it is to consider whether you are doing something for someone.

For example, if you prepare taxes, are a real estate agent, teach something, run a restaurant or hotel, are a doctor, lawyer, beautician, then you are offering a service.

Can I sell goods and services?

Absolutely, and this seems almost always to be the case in certain industries. Let me give you some examples:

1) It has a name that you use for your hair salon, as well as an eventual line of hair care products. To register the name, you will want to present it to IC 3 (cosmetics and cleaning preparations) as well as IC 44 (medical, beauty and agricultural).

2) You have a name for your retail clothing store where you sell all kinds of clothing from different designers. Since you are not selling your branded clothing line, you will only need to present at IC 35 (advertising and business).

3) You have a name for your line of baked goods, specifically cakes, candies, and cookies that you distribute in coffee shops and newsstands. Since another party is selling your products, you only need to present IC 30 (staples).