When you apply to register a trade mark, you must provide a description of the goods and/or services you use or intend to use your trade mark for, such as children’s clothing if you’re a fashion designer or retail clothing shop services if you own the business that sells the children’s clothing.
Goods or services need to be selected from one or more of the 45 classes (groups of goods and services):
- Classes 1 - 34 are for goods
- Classes 35 - 45 are for services
The cost of your trade mark will depend on how many classes you select in your application, so if you select any classes that you don’t use you could be spending a lot more than you need to!
How to decide which goods and services to apply for
If you know goods are classes 1-34 and services are classes 35-45 that can help you decide on the items to add to your application. When you’re choosing the goods and/or services that apply to you, ask yourself these questions about your business:
- How does it make money?
- What industry is it in?
- What is it known for?
- What products or services does it provide for others?
You also need to consider if your business will expand. If you aim to add more goods or services to your business consider adding these to your application.
Why is this important?
It might be confusing when you look at each class because there are a number of goods and services that can relate to your business but aren’t the good or service that you provide.
For example, it’s likely that you will need to advertise your business at some point. Under class 35 you will find advertising services. Would you need to select class 35? No! Unless your business provides advertising services to others, you don’t need it.
Still confused? Let’s take a look at a real life example…
Say you run a café in Sydney’s CBD. You have purchased coffee beans, an electric coffee grinder and coffee cups from a supplier as well as uniforms for your staff. You’ve developed a website and paid for Facebook advertising.
You do a search for classes relating to your business. Would you select:
Class 7 (goods) - electric coffee grinder?
No! Not unless you manufacture coffee grinders.
Class 21 (goods) - coffee cups?
No! Not unless you manufacture coffee cups.
Class 25 (goods) – uniforms?
No! Not unless you manufacture clothing.
Class 30 (goods) – coffee, coffee beans or coffee beverages?
No! Not unless you distribute your own coffee products. In this instance, you’ve purchased coffee beans from a supplier.
Class 35 (services) – advertising?
No! You advertise online, but you don’t provide this service to others.
Class 42 (services) - website design?
No! You may have designed the website yourself, but you don’t design website’s for other businesses.
Class 43 (services) - coffee shop services?
Yes! You provide coffee shop services to others and would choose class 43.
By selecting the correct class, you’ve just saved approximately $1500.