Should I File a Multi-Class Federal Trademark Application?
The United States Patent and Trademark Office (USPTO) allows trademark applicants to include several goods and/or services spanning multiple classes on a single trademark application submission. There are both advantages and disadvantages to including multiple classes within one trademark application; Fundamentally, the key question an applicant must ask him/herself is what am I ultimately planning to sell under the banner of my trademark? Remember, one does not broadly own the categorical and exclusive right to a trademark; instead, a person’s right to a trademark is limited specifically to the goods services sold under the banner of the trademark. When submitting a trademark application to the USPTO, it is critical to balance the competing interest of covering all goods/services which are necessary to encompass the Brand without spending an excessive amount on government fees for classes of goods services which will never be actualized. This article will consider some of