What Can A Business Actually Trademark?
News Flash: You may not even know that you can trademark THIS!
You may have asked yourself this question many times: WHAT should I Register as a Trademark?
While there are over 45 classes of goods/services that you can trademark within, there are thousands, if not millions, of services and products that fall within those 45 classes.
So for example, if you want to trademark the name of your signature online course, that would fall within “education & entertainment services” - but this class isn’t only for courses. It’s for coaching, podcasts, blogs, workshops, speaking, modeling, concerts, gambling, movies, and much much more.
If you want to trademark the name of your new liquor brand, you have to think about, am I only making a liquor or might this brand expand into other beverages?
This is why it’s A GOOD IDEA (like really a good idea) to hire an attorney for your trademark application because the majority of people (no offense, but probably you) do not understand the nuances of needing to pick the right class and describe your product or services in the right way.
At TWIST, we literally get emails or DMs every week from people that have tried to apply on their own and now have a letter from USPTO saying - this is the wrong class, this is the wrong description for your service - except they don’t say it quite so nicely...they say OFFICE ACTION...you better fix this or your trademark application is kaputz, donezo.
A lot of people will give up right then and there and never get their trademark when REALLY all they need are some revisions that a lawyer can easily handle for them. So don’t be like this person, be the business owner that starts out the right way!
Now, WHAT you can register as a trademark?
As a trademark attorney that works with a variety of small businesses, here are just a few of the more common ones to give you an idea of whether it’s time for YOU to pursue one for your business.
Business name
Online Course or Group Program
Apparel line
Brick and Mortar Store
Podcasts
Ecommerce Store
Physical product names
Liquor or wine label
Craft brewery
And more!
The great thing about trademarks is that if you happen to be an online business and have a signature “name” that you use for coaching, your online course, and a retreat - you can register and get trademark protection for ALL of that under just one trademark class.
There is ONE big checkbox in order to apply for a trademark and that is you have to be SELLING something.
You cannot just trademark a name you are using in your business randomly. For example, typically you cannot trademark:
Facebook group name
Social media handle
Random marketing slogans
If you have questions on WHAT you can trademark, feel free to reach out, we love helping you figure out the smartest way to build out your Intellectual Property portfolio.
