Can I change the class of my trademark?

In an application under §1 or §44 of the Trademark Act, improper classification may be corrected by switching goods/services by amendment from one to another of the classes originally set forth, or by changing the class designations, as long as the number of classes is not increased.

How do I remove a trademark?

There is no way to “delete” a trademark. This is because trademark rights are not derived from registration—they arise from use (or intent to use” in commerce.

Do you have to pay for each trademark class?

You must submit information and fees for each additional class based on the type of application you filed with us and/or the type of form you are filing. For a multiple-class application filed under Sections 1(b) and/or 44 and a multiple-class AAU, you need to provide: Additional fees.

Can Trademarks be Cancelled?

The answer is “YES!” if the trademark has been abandoned for non-use or never been used in commerce or before a particular relevant date. Under U.S. trademark laws, a petition for cancellation of a trademark registration may be filed at any time by any person who believes that he is or will be damaged.

How many Uspto trademark classes are there?

45 classes
There are 45 classes, or categories, that cover all goods and services. Classes 1-34 are for goods, classes 35-45 are for services. Each class can cover a wide range of goods or services.

Can you cancel a pending trademark application?

A pending application that has not yet registered cannot be canceled. Instead, third parties may file a trademark opposition when the USPTO publishes the mark for opposition. During the 30-day window, a third party may oppose a trademark application or request an extension of time to oppose.

Are trademarks public record?

Trademark applications and registrations are public records. Individuals and private companies may use this public information to create third-party access to these records.

How many classes does a trademark have?

45
A trademark’s class provides information about the type of good or service that the mark represents. The U.S. Patent and Trademark Office (“USPTO”), which is the federal agency charged with overseeing the registration of trademarks, divides marks into 45 different categories; 34 for products and 11 for services.

How can trademarks be invalidated?

Generally, there are four reasons invalidation of a registered extension of protection to the United States may occur: (1) cancellation proceedings instituted by a third party before the Trademark Trial and Appeal Board; (2) order of a federal court of the United States; (3) failure to file an acceptable §71 affidavit …

How do I contest a trademark registration?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

Can I add a class to a registered trademark?

Unfortunately, it is not possible to add a class to a registered trademark and neither to add further products (or services). Let’s see why. When a trademark application is filed, it is mandatory to choose one or more classes (of products and/or services).

Is it too late to register a trademark?

There is one good reason to register your trademark right away: delaying your application increases the risk of infringement. To ensure you retain the rights to your trademark you should consider filing an application now, even if your product is not yet market-ready. Building a successful brand takes time.

Can I trademark a product I don’t have?

Unless there is some reason why you believe your product will be unsuccessful, there really is no reason for you to delay the registration of your mark. As we discussed in this article, you can’t trademark your actual product. However, you certainly can trademark the name, slogan, or logo of your product.

How long does it take to register a trademark in USA?

As the name suggests, businesses can apply for trademark registration based on the assumption that they intend to use the mark in commerce sometime in the near future. Once the USPTO approves your application, it requires you to start using the mark in commerce within six months.