GLOSSARY · FILING

Class

The category your goods or services fall into. Fees are per class.

The USPTO sorts everything into 45 international classes - 1 to 34 for goods, 35 to 45 for services. You need one for each distinct category your brand covers, and the government fee applies to each. Class count is the single biggest variable in what a filing costs.

WHAT THIS MEANS FOR YOU

Why it matters to your application

Class count is the single biggest variable in what a filing costs, because the government fee is charged per class. It is also the decision you cannot revisit: a class can be deleted from a pending application but never added. Under-filing means filing again, paying again, and taking a later filing date.

WHAT TO DO

In order

  1. List everything you sell or do under the name, in plain words. Not what industry you are in - what the customer actually buys.
  2. Separate goods from services. Goods sit in classes 1 to 34, services in 35 to 45.
  3. Ask whether you sell your own products through your own shop or site. If so you are probably in class 35 as well as in the class covering the products.
  4. Price it before you file: $350 per class to the USPTO, plus our $199 flat fee however many classes there are.
AN EXAMPLE

How this plays out

An apparel brand files in class 25 for the clothing and stops there. A year later it wants to stop a copycat store using the name. The registration covers the shirts, not the retail service - so the strongest argument against a shop trading under the name was never filed for.

QUESTIONS PEOPLE ACTUALLY ASK

About class

Can I add a class after filing?

No. Classes can be deleted from a pending application but never added. Covering an extra class means a new application with a new filing date.

How much does each extra class cost?

$350 per class in USPTO government fees. Our fee is $199 flat regardless of how many classes the application covers.

Do I need a class for every product I sell?

Not necessarily one per product - one per category. Several different products often sit in the same class, which is why working it through properly usually costs less than guessing high.

General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.

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