The United States Patent and Trademark Office (USPTO) divides federal trademark applications into 45 different “classes” of goods or services. The goal of these classes is to allow different types of businesses to register their trademarks in categories that are most closely related to their core business. Trademark law exists to protect consumers from unfair competition.
However, two businesses can share the same trademark without actually competing with one another. Consider a company called “High-octane” that makes coffee and another with a similar name that makes gasoline. Customers would not be confused by the two names, nor would they believe they are the same product or manufacturer. As a result, as long as they are registered in different trademark classes, they can coexist.
Coffee, tea, cocoa, rice, tapioca, sago, flour, bread, pastries, ices, sugar, honey, yeast, baking powder, salt, mustard, vinegar, sauces, condiments, and spices are among the many types of food, drinks, and cooking ingredients included in Class 30.
Examples of Trademarks in Class 30
Consider AMERICAN BEAUTY (pasta), BOB EVANS WILDFIRE (salads), and KICKING HORSE (coffee), all of which are good examples of Class 30 marks.
You would not use Class 30 if you were registering:
- salt for preserving other than for foodstuffs (Class 1 – Chemicals)
- medicinal teas and dietetic food and substances adapted for medical use (Class 5 – Pharmaceuticals)
- baby food (Class 5 – Pharmaceuticals)
- dietary supplements (Class 5 – Pharmaceuticals)
- raw cereals (Class 31 – Grains, Agriculture), or
- Foodstuffs for animals (Class 31 – Grains, Agriculture).
Related or Coordinated Classes
If you are unsure whether to enroll in Class 30, you may want to look into the “coordinated” classes listed below: Chemicals (Class 1), Pharmaceuticals (Class 5), Meat, Fish, and Poultry (Class 29), Grains and Agriculture (Class 31), Beers and Beverages (Class 32), Alcoholic Beverages (Class 33), Advertising and Business Services (Class 35), Science and Technology Services (Class 42), and Food Services (Class 43).
A coordinated class is related to another class, typically because the PTO has determined that applicants filing in Class 30 frequently also file in these other classes.
A class system governs trademark registration. You must pay a separate registration fee for each class of goods or services that you register. So, if you want to apply for a trademark for posters (Class 16) and shirts (Class 25), you’ll have to pay two fees.
When registering a trademark, you must specify the correct class. If you enter the wrong class, you must restart the application process.
Your registrations are limited to classes that include the goods or services that you already offer (as evidenced by the specimens you submit) or that you intend to offer (if you are registering on an intent-to-use basis). In order to narrow a search of the PTO’s trademark database, you may also need information about the class number.
Supplying Specimens for Class 30
If you are registering a mark that is currently in use in commerce, you must provide a specimen of the mark as it is seen by consumers. The specimen must show the mark as it is used on or in connection with commercial goods. A trademark specimen should be a label, tag, or container for the goods, or a display relating to the goods. Acceptable is a photocopy or other reproduction of a specimen of the mark as it is actually used on or in connection with the goods.
A label is an acceptable specimen in most cases where the trademark is applied to the goods or containers for the goods in Class 30 by means of labels. Shipping or mailing labels may be accepted if they are attached to the goods or containers for the goods and show proper trademark usage.
They are not acceptable if the mark as shown is used as a trade name rather than a trademark. One example is using the term solely as a return address.
A proper method of trademark affixation is to stamp a trademark on the goods, on the container, or tags or labels attached to the goods or containers. The trademark can be imprinted in the body of the goods, as with metal stamping, applied with a rubber stamp, or inked on with a stencil or template. Photographs or facsimiles of the actual stamping or stenciling are acceptable as specimens when a trademark is used in this manner.
The phrase “applied to the containers for the goods” refers to any type of commercial packaging that is standard for the specific goods as they move in trade. As a result, displaying the trademark on the normal commercial package for the specific Class 30 goods is an acceptable specimen. Gasoline pumps, for example, are considered standard containers or “packaging” for gasoline.
If this is the normal mode of use of a mark for the particular goods, a specimen showing the use of the trademark on a vehicle in which the goods are marketed to the relevant purchasers may constitute use of the mark on a container for the goods.