This article will cover class 9 trademark protections. The Class 9 trademark protects electrical and scientific apparatus.
Part of registering a trademark with the United States Patent and Trademark Office (USPTO) is figuring out what trademark class your good or service falls under. Classes 1-34 are all goods related classes, while classes 35-45 are service related.
What is a Trademark?
A trademark is a logo, image, phrases, slogan, design, etc. that establishes you and your company as the source for your good or service. It is how you set apart your brand and product from competitors. A trademark registered with the USPTO also comes with legal protection in case another company infringes on your trademark rights.
Registering a Class 9 Trademark
Your application with the USPTO will ask you to determine what class your good or service falls under. Sometimes a good or service will fall under more than one class and need more than one filing. If you are unsure about what and how many classes your good or service falls under, contact an attorney to help with your application.
When you register a trademark, you gain legal protections against other parties in the same class. So, if you register a trademark in class 9, someone in class 1 might have a similar mark. Because there is a lesser chance of confusion there is less likely to be infringement for similar marks in different classes.
What Is a Class 9 Trademark?
Class 9 is a very broad trademark class. It includes a lot of different equipment and apparatuses for electrical, scientific, and other purposes. Because the list of goods protected under this class is so broad, consider hiring an attorney to help you assess where your product falls.
Electrical and Scientific Apparatus
You might be wondering what electrical and scientific apparatuses are, or more to the point, what products qualify as an “apparatus” according to the USPTO. An apparatus is a piece of technical or mechanical equipment created for a particular purpose.
Many goods used for the transmission or audio, video, photography, and other communications and broadcasting fall under this class.
Recording and Media
The Class 9 trademark category includes recordings and media content. A few examples of related goods are:
- Ringtones for cellphones
- Films like x-ray films and photographs for non-medical purposes
- Animated cartoons
- Downloadable image files
- Downloadable e-Publications like e-Books
Apparatuses for the transmission and play-back of audio also fall under class 9. Examples include:
- Answering machines
- Audio receivers
- Cassette players
- Juke boxes
- Record Players
- Car radios
- Recording equipment
Like equipment for audio transmission, the class 9 trademark category also includes equipment for video transmission. Examples include:
- DVD players
- Digital photo frames
- Cinematic cameras and editing appliances
In addition to video, photographic equipment also falls under class 9. Examples include:
- Apparatuses for the development of film and photography
- Lens equipment
Communications and Broadcasting Equipment
Communications and broadcasting encompass media, audio and video. Examples of communications and broadcasting equipment that are included in class 9 are:
- Acoustic conduits and couplers
- Transmitters for telecommunication and electronic signals
- Sound transmitting apparatus and speaking tubes
- Scientific satellites
In addition to items concerning media, visual aids and eye-wear also fall under class 9. Examples include:
- Contact lenses
- Lenses for eyeglasses and spectacles
- Eyeglass frames, chains and cords
- Protective eye-wear for sports and anti-glare
Many different pieces of apparatus used for replication fall under class 9. Examples include:
- Photocopiers and scanners
- Printers and computer printers
- Blueprint apparatus
A lot of the electric apparatuses that could be included under a class 9 trademark are related to computers. Some of the computer products that fall under class 9 include:
- Computer keyboards
- Disk drives
- Compact disks
- USB flash drives
- Computer software (including games)
- Computer firmware
- Operating Systems
- Computers, laptops, and notebooks
- Computer mouse
If something requires coins to operate, the coin-operated mechanism falls under class 9. Be careful using this classification for goods with a coin-operated component because it only covers that mechanism. If there are more parts to your product, they might fall under a different classification.
Computers are not the only electric apparatuses class 9 covers. It also covers a variety of other pieces of electrical equipment. Some examples include:
- Electrical circuits and circuit boards
- Copper, insulated, and magnetic wires
- Sheaths and sleeves for electric wires
- Starter cables for motors
- Circuit closers
- Anodes, cathodes, and anticathodes
- Sockets and plugs
Alarms and Signals
Class 9 includes many types of alarms, as well. From fire-arms to theft prevention, class 9 covers many sound-based alarm equipment.
In addition to the types of alarms listed above, class 9 also includes signaling equipment such as beacons, dog whistles, doorbells, etc.
Alarms are just some of the safety equipment in class 9. Other examples include:
- Quality control devices and equipment
- Fire extinguishing apparatuses
- Flame retardant materials including clothes, blankets, and other garments
- Bullet-proof vests
- Life jackets
- Protective equipment for sports
Navigation tools such as GPS devices, nautical devices, and compasses also fall under the category of electric and scientific apparatus.
Any number of devices used to take measurements also fall under class 9. Devices for calibration, time, speed, distance, and temperature measurement are all covered. A few examples include parking meters, speech indicators, thermometers, and pedometers.
Items Not Included in Class 9
Although you are probably thinking pretty much anything having to do with scientific apparatus must fall under electric and scientific apparatuses, the World Intellectual Property Organization lists some specific examples of goods that are not in this class:
- Electromechanical kitchen equipment including grinders and mixers for food, fruit presses, electrical coffee mills, and certain other apparatus and instruments driven by an electrical motor (Cl. 7)
- Apparatus for pumping or dispensing fuel (Cl. 7
- Electric razors, clippers, and flat irons (Cl. 8)
- Electric apparatus for space heating or heating foods, liquids, etc. (Cl. 11)
- Electric toothbrushes and combs (Cl. 21).
Class 9 is a very complicated and extensive trademark class. The examples above are just the tip of the iceberg when it comes to all the technical equipment included in class 9.
Because class 9 includes so many devices and instruments, consider hiring an attorney to help you figure out if your good really belongs in this class, or if it fits under this class in addition to another.