If you're thinking about registering a trademark with the United States Patent and Trademark Office (USPTO), you need to learn about the 45 different international trademark classes.
This classification system is divided into two main groups: goods and services. In this article, we'll cover Class 1, which protects several different kinds of chemical goods.
What is a Trademark?
Before you can begin to think about registering a mark with an international trademark class, you need to do some general research on trademarks.
Generally speaking, a trademark is an image, phrase, logo, design, etc. that sets your product apart from others.
Trademarks establish you as the owner of your product or service and also help you create a brand.
The whole point of trademarks is that other businesses operating in the same class as you cannot register a mark similar to your own.
For example, if you own a paint-making company called "Rainbow Designs," you can register that name so that no other paint-maker can use it in their business.
However, if a candle-making business decides to use the name, they may do so legally because they operate in a different trademark class from you.
Before you apply for a trademark, you should always do your research to make sure you aren't infringing on someone else's mark.
Use the Trademark Electronic Search System (TESS) to make sure someone hasn't already registered a similar mark in the same class or field.
Better yet, hire an attorney to create a Trademark Search Report for your business.
What is a Class 1 Trademark?
Class 1 is a very broad category encompassing several different kinds of chemical goods.
It includes chemicals used in industry, science, photography, agriculture, horticulture, and forestry, as well as many others types of chemicals.
Industry
Many of the chemicals protected in Class 1 are raw materials or adhesives. These two types of goods are often used in industrial processes.
Some examples of these include:
- Unprocessed plastics used for manufacturing
- Adhesives used for industrial purposes including wallpaper hanging, billposting, wall tiles, various cements, etc.
- Detergents and milk ferments used in manufacturing and industry
- Salts used for industrial purposes
- Unprocessed resins used for things like absorbing oil, brake fluid, epoxy, etc.
This is far from an exhaustive list, however it hits on most of the major categories.
Prevention
Substances and chemicals used in fire prevention also fall under Class 1. Fire extinguishing and fireproofing materials fall under Class 1.
Photography and Print
In addition to chemicals used in industry, Class 1 protects chemicals used in photography and print.
A few examples include:
- Photographic developers
- Blueprint paper
- Cinematographic film
- Various plates for photography and print
- Various papers for photography with different chemical properties
Again, like industrial chemicals, there are many more chemicals on this list besides the ones we've listed here.
Filtering Media
Class 1 also includes several types of filtering media, such as activated carbon, ceramic materials in particulate form, and mineral and vegetable substances.
Food Preservatives
The chemicals covered in Class 1 also cover materials used to preserve foods and drinks. Some examples include:
- Beer preserving agents
- Cream of tartar
- Gluten
- Glucose
- Chemicals for smoking meat
As one note on this subcategory, a lot of foods and drinks have their own separate categories. If you register for a Class 1 trademark for one of these hybrid goods, it may be a good idea to also register in another class.
Leather and Textile Treatment
The World Intellectual Property Organization (WIPO) also classifies tanning substances under Class 1.
The category includes chemicals for waterproofing, stain preventing, and other chemical processes used to prepare and treat textiles and leather.
Agriculture, Horticulture, and Forestry
Most of the categories listed above have one major thing in common: they are all used in manufacturing.
However, Class 1 also includes materials used in agriculture, horticulture, and forestry, including:
- Compost
- Some additives to insecticides and fungicides
- Glutinous tree grafting and banding preparations
- Some fertilizers
- Disease preventing chemicals
Although Class 1 covers a lot of agricultural chemicals, you should note that WIPO also has a class just for agricultural goods (Class 31). Before registering for a Class 1 trademark for a chemical used in agriculture, make sure it doesn't have any overlap into this category.
Related Classes
Many of the goods that fall under the Class 1 trademark category might also fall into one of a number of related classes.
For example, chemicals might also fall into Class 3 (cosmetics and cleaning preparations), Class 5 (pharmaceuticals), Class 16 (paper goods and printed matter), Class 17 (rubber goods), or Class 31 (natural agricultural products).
If you aren’t sure which class or how many classes your good or service falls under, speak with your lawyer to help you figure out which class he or she will put on your application with the USPTO.
What Chemicals Don't Fall Under Class 1?
Additionally, you should note that the USPTO leaves out several specific chemicals from the Class 1 trademark category.
The list includes things such as:
- Raw natural resins (Class 2)
- Chemical products for use in medical science (Class 5)
- Insecticides, herbicides, fungicides, and other preparations for extermination (Class 5)
- Adhesives for stationery and household purposes (Class 16)
- Salt for preserving foods (Class 30)
- Straw Mulch (Class 31)
How do I Register a Class 1 Trademark?
Registering a trademark gives you various legal protections, establishes your brand, and sets you apart from your competition.
If you decide to register a federal trademark, you can do so online with the USPTO. Generally, this will involve getting a trademark search report, then simply filing your paperwork on the USPTO's online portal.
You will want to factor in the cost of both registration and the fees for each individual class you're applying under. The broader your business, the more classes your mark may fit.
Conclusion
Trademarks are a great way to set your product and business apart from others and establish yourself as the origin for your product.
If your product is a chemical, there is a good chance it will fall under the class 1 trademark.
Registering your mark offers legal protection for your brand in case a third party tries to infringe on your rights.
While the process isn't overly complicated, you should still always speak with an attorney before submitting any paperwork.
An experienced trademark attorney can help make sure your registration process goes smoothly, and can save you both time and money in the long run by helping you avoid costly mistakes.
