Transcript: Choose Wise common trade mark mistakes - Retail services

Last updated: 
24 April 2017

Here we have Joe, good old hard working and snappily dressed Joe.

Joe wants to register a trade mark for the clothing he makes in a local factory.

People like Joe often apply for ‘retail services’ because they intend to, or already do, sell the clothing they make.

Remember that a trade mark is for use in the course of your business, and selling your goods is an obvious part of that business, so is the manufacturer of goods, you can sell those goods and be covered by your trade mark. You don't necessarily need to apply for ‘retail services’.

Typically, Joe’s trade mark would fall under Class 25 for clothing. There is no need to register in any other classes if making clothes is your only activity. However, if he was to open his own shop and sell other people’s clothes or products as well as his own, this would be a ‘retail service’ under Class 35.

A claim for 'retail services' is the bringing together, for the benefit of others, a variety of goods enabling customers to conveniently view and purchase the goods.

A claim for ‘clothing’ in Class 25 is a claim for those goods and allows Joe, as the trade mark owner, to sell those goods in the ordinary course of his business. If Joe is also retailing the goods of others, a claim for ‘retail services’ in Class 35 would protect him for those services.

But... if Joe is not retailing the goods of others then a claim for ‘retail services’ in Class 35 may not apply and if that were the only class he applied for, it could also mean his own manufactured clothing is not covered by his application either.

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