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Classes in the USPTO trademark system?
Let's say I have an idea for an app name called Tunder (made that up just now). If other people have already registered that trademark, how do I tell if I will be infringing upon there mark? Obviously I don't want to go through all the branding work to find out I'm being sued. I know one of the classes was Computer Software, but that is very broad.
For example, if Tunder was a social media app, but there already exists a software called Tunder for computer software electronic design automation system.
Is there not enough difference between a "social media dating app" and a "electronic design automation system"
Another example would be is there a large enough difference between a "social media dating app" and a "computer software used for process analysis in connection with casting and molding technologies"?
It seems like the difference is very subjective which doesn't make sense to me or seem fair.
4 Answers
- Nuff SedLv 76 years ago
The international class description for 009 is actually more like "electrical and scientific apparatus." US rules require a specific description of the goods or services, as you stated, i.e., what KIND of computer software. CAD (computer design) is, in fact, different from "downloadable computer software for {type of device} for {specific purpose}", but you may have to convince the examiners to withdraw their rejection.
Alternatively, a new entrant to a related market can contact all of the existing brand owners in the field (registered in USPTO or in any state or non-registered brands) and obtain "concurrent use agreements" with each of them and submit them as rebuttal to the examiner's rejection.
Yes, if you're planning to file for a registration (completely optional, in the USA), the examiners are going to reject the application for a "confusingly similar brand" when compared to others registered or pending in the same class.
There are over 130 "acceptable descriptions of goods" that include various specific types of "computer software". You could, in theory, argue that they are "distinguishable" by those who are in the market for such things, thus not "confusingly similar" to those who matter.
Also, you can hire an attorney or a trademark search (clearance) firm to do the search and to give you some sense of the potential risks if you proceed.
Source(s): http://tess2.uspto.gov/netahtml/tidm.html Guidelines for Acceptable Identification of Goods...
