For Trademark, How to Determine "Goods & Services" Class

[GermanRaven]

Hi, I am investigating obtaining a trademark on my site's name and logo. My site is going to be rich in information, but the only sales would be via affiliate programs. So, no product actually ships with *my* trademark name on it.

The Trademark process asks which class of goods & services my business will be selling. In the case above, do I have any goods & services at all, or are the advertised/linked affiliate sales counted as "my" goods for this purpose? I believe that I will eventually have blogs and related affiliate products that cover 11 classes, but the government application fee is $325 *per class* (I assume double again if I want the logo and name to be marked), so I don't think I want to go with that many!

It just doesn't make sense to me -- when I go into Best Buy, the products I see/buy there do not have Best Buy's logo on them, yet I would consider the items they offer to be defining their class of business.

Any help appreciated!

 

[Dave_Z]

While (obviously) I ain't a lawyer, I've seen U.S. trademark registrations indicating along the lines of "web-based services providing information". Something like your trademark is for a web-based service that provides information on so and such.

As usual, though, only a trademark lawyer can give more specifics based on your situation.

 

[GermanRaven]

Dave-Z: thanks for the response. I am meeting with a local IP lawyer this coming week to determine my options, though I think you are correct in your conclusions.

 

[alien51]

If your site has more talky pages than affiliate products to sell, then perhaps you are a "web-based services providing information".

But if you have more affiliate products on display (Amazon type of platform) than talky pages, then maybe you are a "merchandise reseller".

 

[GermanRaven]

I met with a local lawyer and am pursuing two Trademarks -- one for the name, one for the logo image. A "service class" will be the goal, with possible later "goods classes" when/if I actually produce/package some product with my logo.

 

[serryjw]

Hi, I am investigating obtaining a trademark on my site's name and logo. My site is going to be rich in information, but the only sales would be via affiliate programs. So, no product actually ships with *my* trademark name on it.

The Trademark process asks which class of goods & services my business will be selling. In the case above, do I have any goods & services at all, or are the advertised/linked affiliate sales counted as "my" goods for this purpose? I believe that I will eventually have blogs and related affiliate products that cover 11 classes, but the government application fee is $325 *per class* (I assume double again if I want the logo and name to be marked), so I don't think I want to go with that many!

It just doesn't make sense to me -- when I go into Best Buy, the products I see/buy there do not have Best Buy's logo on them, yet I would consider the items they offer to be defining their class of business.

Any help appreciated!

Hum....I see TM to logo & design...But I see copywriting the contents...I'd see a lawyer that specializes in IP.

 

[DU]

Do a search in USPTO:

http://tmsearch.uspto.gov/

For YouJoin for the longest most BS G&S you have ever seen... that might (in part) apply to you

 

[GermanRaven]

serryjw & DU ... thanks for your comments. I met with the lawyer (and, yes, he specializes in IP and has whatever accreditation is called for to claim so). Seems that only the "services" class will apply for now. He also talked me into forming an LLC. Trademarks (being pursued now) are tricky. Copyrights are pretty easy. I have two software patents (for things I plan to do with the site) I hope to pursue as well, and those will be the toughest. This lawyer (who is also an engineer) specializes in that, though most of his patents are for "real things" (not software).

I've looked through the TESS (USPTO) system for my trademark name, and that was a lengthy and boring process. I can't begin to imagine how hard it is to search for a competing image!

 

[serryjw]

Good! When you start talking about 'images', don't bother. Let the experts do the work. TOO hard to interpret.

 

[snowbird]

It is best to meet with a lawyer to hear what they suggest because if you get your class wrong, your application will be rejected and I doubt you would want to waste the filing fee.