TMEP

1401.08 Classification and the Identification of Goods and Services

The items listed in the identification of goods and services must be limited to those on or in connection with which the applicant uses or has a bona fide intention to use the mark in commerce. The entire contents of a class, as represented by the short title of the class, should not be set forth as the identification of goods or services. The short titles of the classes indicate the general scope of the classes and are generally too broad and inclusive to be used to identify particular goods or services.

via TMEP.

State Trademark Information Links | USPTO

State Trademark Information Links

To acquire trademark and/or service mark registration at the state level, applicants must file an application with the trademark office of the specific state in which protection is sought. For information about state registration requirements, applicants must contact the individual state trademark office.

via State Trademark Information Links | USPTO.

What trademark class should a phone app that specializes in news be filed under? – Avvo.com

The difference between software classified in Class 9 and in Class 42 is that Class 9 software is downloadable – i.e. storable and retrievable in and from one’s own system like when the software is on a CD, although nowadays it is simply downloaded from the internet, but it must remain in the computer hard drive (or an external memory device). Software in Class 42 is “nondownloadable” software, e.g. “software as a service” or application software generally only available for use when the user accesses a particular website but not stored in their own system retrievable at will. This nondownloadable software is considered to be like a computer service which is why it is classified in Class 42.

via What trademark class should a phone app that specializes in news be filed under? – Avvo.com.

TMEP

An applicant is not required to register in all classes in which it provides information, but may instead choose to register only the classes of the fields that are most important to it. The examining attorney will ask the applicant to indicate the fields of information to assist in classification. The applicant must decide if it wishes to: (1) go forward and register the information services in all of the appropriate classes; or (2) choose the class(es) that are most important to its business, and amend the identification to delete reference to fields of information that fall into other classes. See TMEP §1401.04(b).

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TMEP

Since information services must now be classified according to the subject matter of the information, the nature or subject matter of the information provided must be specified to allow for proper classification. For example, “information in the field of automobiles” is not sufficiently definite to allow for proper classification. If the information pertains to purchasing an automobile, then the service is classified in Class 35. If the information pertains to the care and maintenance of automobiles, the service is classified in Class 37. If the service involves insurance or financing of automobiles, then Class 36 is the proper class. The best way to ensure that the information is classified correctly may be to identify the subject matter of the service. For example, “information in the field of automobile financing” is adequate to classify the service in Class 36. Another way to clarify the classification of information services is to characterize the information itself. Thus, “providing financing information in the field of automobiles” clearly puts the service in Class 36. As with many other service identifications that require an indication of the subject matter or field, the subject matter or field does not have to be as specific as would be required if the subject matter or field were the service itself. However, an indication of the nature of the information must be included, either by reference to the type of information or the subject matter of the information provided, to allow for proper classification of the activity.

via TMEP.