Is having a trademark in more classes better?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Generally speaking, yes, registering a trademark across multiple classes typically offers a broader scope of legal protection. The extended coverage strengthens your position when addressing infringement instances from brands offering similar goods or services as those outlined in your application. It also allows you to raise opposition against a broader range of new trademark applications if the marks are similar to yours and an overlap in classes is also present.

However, you have to meet two essential conditions for securing this level of protection:

  • The designated classes must accurately reflect the goods or services your brand genuinely provides. While you can potentially register in classes aligned with future business expansion, failure to deliver or discontinuation of listed goods/services could result in third parties challenging your registration. In the US specifically, you have to provide proof of entering the US market before the finalisation of your registration. After that, when submitting the Declaration of Use (between the 5th and 6th year) or a renewal request (between the 9th and 10th year), you may be asked by the USPTO to limit the selection of your classes if you are not commercially active in them for a certain period of time.
  • You have to pass the opposition window, i.e. either not receive or resolve any opposition raised against your application in all your classes. This aspect can become intricate as a higher number of classes increase the potential for other trademark owners to come forward and oppose your mark based on perceived similarities.

Furthermore, keep in mind that each additional class listed on the application will be subject to additional fees. In some jurisdictions, this can literally multiply the total cost of registration.

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