Classification in relation to the trademark rights and interests of third parties

The classification also plays a part in the assessment of your trademark application by third parties. If they cannot infer from the classification in your trademark application what your specific interest is, or a summary is provided of a diverse range of products which are not of genuine interest to you, this can cause “unnecessary” conflicts. As soon as the holders of the earlier trademark rights actually lodge an objection or even file an opposition, additional costs will be incurred. You will then at least have to respond to the objections or possible opposition and a restriction of the classification will perhaps have to be recorded in order to prevent further problems. If the products or services around which the conflict revolves are not of genuine interest to you, you should avoid these additional costs.

It is therefore very important to seek specialised assistance in drawing up the classification. Arnold + Siedsma can consult with you to strike the perfect balance between a broad but nevertheless bespoke product/service specification.