Archive for the “Uncategorized” Category

Trademark Classes

INTERNATIONAL TRADEMARK CLASSES

GOODS

Class 1 (Chemicals).
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2 (Paints).
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3 (Cosmetics and cleaning preparations).
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4 (Lubricants and fuels).
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

Class 5 (Pharmaceuticals).
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6 (Metal goods).
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7 (Machinery).
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.

Class 8 (Hand tools).
Hand tools and implements (hand operated); cutlery; side arms; razors.

Class 9 (Electrical and scientific apparatus).
Scientific, nautical, surveying, electric, photographic, cinematographer, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10 (Medical apparatus).
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11 (Environmental control apparatus).
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12 (Vehicles).
Vehicles; apparatus for locomotion by land, air or water.

Class 13 (Firearms).
Firearms; ammunition and projectiles; explosives; fireworks.

Class 14 (Jewelry).
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

Class 15 (Musical instruments).
Musical instruments.

Class 16 (Paper goods and printed matter).
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic material for packaging (not included in other classes); playing cards; printers’ type; printing blocks.

Class 17 (Rubber goods).
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18 (Leather goods).
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19 (Non-metallic building materials).
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 (Furniture and articles not otherwise classified).
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21 (Housewares and glass).
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glass-ware, porcelain and earthenware not included in other classes.

Class 22 (Cordage and fibers).
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23 (Yarns and threads).
Yarns and threads, for textile use.

Class 24 (Fabrics).
Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 (Clothing).
Clothing, footwear, headgear.

Class 26 (Fancy goods).
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27 (Floor coverings).
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28 (Toys and sporting goods).
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29 (Meats and processed foods).
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

Class 30 (Staple foods).
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder, salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31 (Natural agricultural products).
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32 (Light beverages).
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33 (Wines and spirits).
Alcoholic beverages (except beers).

Class 34 (Smokers’ articles).
Tobacco; smokers’ articles; matches.

SERVICES

Class 35 (Advertising and business services).
Advertising; business management; business administration; office functions.

Class 36 (Insurance and financial services).
Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37 (Construction and repair services).
Building construction; repair; installation services.

Class 38 (Communication services).
Telecommunications.

Class 39 (Transportation and storage services).
Transport; packaging and storage of goods; travel arrangement.

Class 40 (Material treatment services).
Treatment of materials.

Class 41 (Education and entertainment services).
Education; providing of training; entertainment; sporting and cultural activities.

Class 42 (Scientific and technological services; Legal services).
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43 (Restaurant and Hospitality services).
Services for providing food and drink; temporary accommodation.

Class 44 (Medical care, hygienic and beauty care).
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45 (Social services; Security services).
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Trademark Resources

US Patent and Trademark Office – Trademark Resources

International Trademark Association (INTA)INTA Public Mailing list

The Trademark Blog – news and interesting information about trademarks

WIPO Domain Name Disputes

Beware, searches on available domain names are sometimes captured by web sites and they can register the domain before you … and then charge a high fee to release it.  Network Solutions was sued over this for doing this large-scale and the fees were not that high but this has happen elsewhere on a small scale and can cost thousands.

Trademarks and Domain Names

The Internet and domain name opened up a new area of trademark law. Since domains are issued in a different way than trademarks. For instance, there is no trademark class for domains and you don’t need a trademark to register a domain so conflicts arise all the time. Complex dispute procedures have been developed for the different types of domain names. For .com the dispute procedure and “legislative history” is found here. WIPO has published an overview of issues and case decisions. However, there is no appeal process unless the matter is taken to court. As a result, there are many conflicting decisions.

In US Federal Court the Anti-Cybersquatting Consumer Protection Act 15 USC § 1125(d). A trademark owner can request a cancellation or transfer of the domain name as well as money to cover damages caused by the domain holder.

Domain Name Tips and Tools

Many paid services are available to search the Internet for trademark issues.  Domain names are an important part of the search.  Some useful tools are:

Whois.net – search domains that contain a string.

Network-Tools.com – Domain and Network Lookups.

Beware, searches on available domain names are sometimes captured by web sites and they can register the domain before you … and then charge a high fee to release it.  Network Solutions was sued over this for doing this large-scale and the fees were not that high but this has happen elsewhere on a small scale and can cost thousands.

Tracing and looking up a domain can be complicated.  Some important points:

-Web hosting.  A “traceroute” can be performed to find out where a computer is located.  However, a domain does not have to be on just one computer.  www.example.com can be on one computer and www2.example.com can be on another.

-DNS servers.  The DNS server convert the domain name into the numerical address and the domain cannot function without it.  The DNS servers may or may not be the same as the host.  Multiple DNS server may be on different networks.  Some companies specialize in offering just this service.

-Mail servers.  E-mail services may or may not be on the same network as the host and/or DNS servers.  Backup e-mail services may also be on seperate networks.

-Domain types.  The 2-letter ending are iso codes for countries (.us, .uk, .tv, etc.).  Others are generic top level domains which may or may not have restrictions for registration.

-Domain registrars.  Domains types can have a “thick” or “thin” registry model.

A “thin” model is where the registry has no registrant information.  This data is maintained by the licensed registrars.  (This comes from concerns over the original monopoly situation of Network Solutions on com/net/org.)

A “thick” model is where the registry maintains all the registrant data.

Note that in almost cases domains are registered via licensed registrars who may also use resellers.  These resellers are not licensed directly but rather have an affiliate agreement with the licensed registrars.

Trademark Searches

Trademarks can be registered locally or around the world. Some search tools:

-US Trademark Search

-International Marks under the Madrid ProtocolMadrid Protocol search

-Australia Trademark Search

-Canada Trademark Search

-European Union Trademark Search

-India Trademark Search

-UK Trademark Search

Beware, searches on available domain names are sometimes captured by web sites and they can register the domain before you … and then charge a high fee to release it.  Network Solutions was sued over this for doing this large-scale and the fees were not that high but this has happen elsewhere on a small scale and can cost thousands.