This article will cover class 1 trademark protections. Class 1 protections protect chemicals used in different industries.
If you are thinking about registering a trademark with the United States Patent and Trademark Office (USPTO), you will need to learn about the different international trademark classes. The classification system is divided into two main groups: goods and services. Trademark Class 1 covers chemical goods.
What Is a Trademark?
Before you can even begin to think about registering a mark with an international trademark class, you will need to do some general research on trademarks. A trademark is an image, phrase, logo, design, etc. that sets your product apart from others.
Trademarks establish you as the owner of your product or service and also help you create a brand.
Registering a Class 1 Trademark
Remember that trademarks offer protection against companies in the same class. If you want to register your mark in class 1, a company in a different class might be using a similar mark. Because your business is in a different field, you won’t be violating their rights. There is a smaller chance of confusion when businesses use a similar mark but in a different field.
When you send an application to the USPTO, you will need to know what class fits your good or service best. A competent lawyer can help you file to make sure you file in the correct class. Sometimes your business will require you to register in more than one class. If your business is always growing and changing, so will your trademark needs.
What Is a Class 1 Trademark?
Class 1 is a very broad category encompassing different chemical goods. It includes chemicals used in industry, science, photography, agriculture, horticulture, and forestry, as well as many others types of chemical goods.
Chemicals used in industry is a pretty broad category within class 1. Many of the chemicals protected in class 1 are raw materials or adhesives. These two types of goods are often used in industrial processes.
Some examples of these include:
- Unprocessed plastics used for manufacturing
- Adhesives used for industrial purposes including wallpaper hanging, billposting, wall tiles, various cements, etc.
- Detergents and milk ferments used in manufacturing and industry
- Salts used for industrial purposes
- Unprocessed resins used for things like absorbing oil, brake fluid, epoxy, etc.
Although this is already a pretty long list of goods that fall under class 1, there are many more not listed. In addition, the goods listed above might fall into more than one category.
Substances and chemicals used in fire prevention also fall under class 1. Fire extinguishing and fireproofing materials fall under class 1.
Photography and Print
In addition to chemicals used in industry, class 1 protects chemicals used in photography and print. A few examples include:
- Photographic developers
- Blueprint paper
- Cinematographic film
- Various plates for photography and print
- Various papers for photography with different chemical properties
Again, like industrial chemicals, the chemicals used for photography and printing under class 1 are extensive.
Filtering media in class 1 includes things like activated carbon, ceramic materials in particulate form, and mineral and vegetable substances all used for filtering.
The chemicals covered in class 1 also cover materials used to preserve foods and drinks. Some examples include:
- Beer preserving agents
- Cream of tartar
- Chemicals for smoking meat
A lot of foods and drinks have their own categories, so there is a chance that if you register for a class 1 trademark, it may be a good idea to also register in another class.
Leather and Textile Treatment
The World Intellectual Property Organization’s (WIPO) classifies tanning substances in the general description of class 1. This is for chemicals used to treat leather and other textiles. The category includes chemicals for waterproofing, stain preventing, and other chemical processes used to prepare and treat textiles and leather.
Agriculture, Horticulture, and Forestry
Most of these categories have one major thing in common: they are all used in manufacturing. Class 1 also includes materials used in agriculture, horticulture, and forestry. Some examples include:
- Some additives to insecticides and fungicides
- Glutinous tree grafting and banding preparations
- Some fertilizers
- Disease preventing chemicals
Although class 1 covers a lot of agricultural chemicals, the WIPO also has a class just for agricultural goods. Your product might encompass multiple categories or only one.
Many of the goods that fall under the class 1 trademark category have related classes. Chemicals might also fall into class 3 (cosmetics and cleaning preparations), class 5 (pharmaceuticals), class 16 (paper goods and printed matter), class 17 (rubber goods), class 31 (natural agricultural products) and other classes.
If you aren’t sure which class or how many classes your good or service falls under, speak with your lawyer to help you figure out which class he or she will put on your application with the USPTO.
What Is Not Covered under Class 1?
The WIPO leaves out some chemicals from the class 1 trademark category. The list includes:
- Raw natural resins (Cl. 2)
- Chemical products for use in medical science (Cl. 5)
- Insecticides, herbicides, fungicides, and other preparations for extermination (Cl. 5)
- Adhesives for stationery and household purposes (Cl. 16)
- Salt for preserving foods (Cl. 30)
- Straw Mulch (Cl. 31)
Before you apply for a trademark, do your research. Use the Trademark Electronic Search System (TESS) to make sure someone has not already registered a similar mark in the same class or field that could lead to confusion.
Other Goods Categories
Classes 1-34 all categorize goods. The other ten classes–35 through 45–protect services.
Trademarks are a great way to set your product and business apart from others and establish yourself as the origin for your product. Registering your mark offers legal protection for your brand in case a third party tries to infringe on your rights.
When you apply for a registered trademark, your good or service will fall into one or more international trademark classes. If your product is a chemical, there is a good chance it will fall under the class 1 trademark. Sometimes registering can be a hard and long process, so don’t hesitate to contact a lawyer to help you with your application.