Selecting Goods and Services (18-Nov-2018)
A trade mark registration will protect your brand from competitors for the registered goods and services. It is important to select the goods and services carefully to ensure that protection is provided.
Due to the complexity involved, it is often advisable to have the specification of goods and services prepared by a trade mark attorney. The trade mark attorney will generally require a meeting. The specification of goods and services will depend on the specific circumstances of the client.
There are 45 trade mark classes, and the cost of registration is generally per class. For the reason of cost, it is often important to limit the goods and services selected to a few classes.
If you manufacture a product, then you should protect the product with an appropriate specification of goods. The specification of goods should include specific terms, as well as allowing for further growth. You should also consider protecting services associated with the goods such as selling the goods or using the goods.
If you provide a service, then you should protect the service with an appropriate specification of services. The specification of services should include specific terms, as well as allowing for further growth. You should also consider protecting goods associated with the services such as carpets in connection with the retail of carpets.
Generally, it is advisable to prepare a specification embracing further growth. It is possible for a third party to apply to narrow a broad registration of goods and services, if the mark has not been used in respect of all the goods and services within a set period.
Example
Number: 1366435
SAMSUNG DIVE
Class 9:
Computer software; semi-conductors; USB flash memory; computer network hubs; computer network routers; computer network switches; modems; smart phones; mobile phones; wireless headsets; electric mobile phone battery chargers; data communication cables for use with mobile phones; computer servers; set-top boxes; hard disk drives (HDD); optical disc drives (ODD); notebook computers; computers; printers for use with computers; computer monitors; personal digital assistants (PDA); television receivers; facsimile machines; batteries for use with mobile phones; fibre-optic cables; electric flat irons; entertainment consoles adapted for use with television receivers only, namely video gaming consoles; video telephones; telephones; video tape recorders (VTR); DVD players; MP3 players; portable multimedia player; speakers for use with computers; compact disc players; unprocessed audio-video compact disc; cathode ray tubes (CRT); camcorders; video cameras; projection apparatus; digital cameras; downloadable electric music; downloadable digital images, namely photographic or video images; computer operating and computer application software for mobile phones; game software; computer mouse; mouse pads.
Class 42:
Providing web-based software for smart phones; development of data-processing programs; web site management; web site maintenance; hosting web site; rental of computer software; design of computer software; maintenance of computer software; updating of computer software; development of computer programs
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