Explanation of the International Classification System for Marks
The presentation of a name, logo or slogan is not only about the brand itself, but also about what you are doing with it, that is, your products and/or services. All goods or services are classified within the International Classes (IC from now on). Goods range from IC classes 1-34, while services are in IC 35-45.
A little history
On September 1, 1973, the USPTO adopted the international classification system established by the Nice Agreement. Prior to that date, the USPTO used their classification system, which was verbose, to say the least.
For example, suppose you want to file a name for clothing, shoes, and hats: today you would file it under 1 class, IC 25, but before 1973 you filed 2 classes, 22 and 39. Another example: IC 16 (paper and printed materials) they used to be divided into 8 classes, 2, 5, 22, 23, 29, 37, 38, 50. Suffice it to say that the IC system is much easier to understand.
What are goods?
As mentioned above, goods are classified in classes 1-34, but what constitutes a good? The easiest way to think about it is to consider whether or not what you are selling is tangible. Can you touch it, see it, hear it, use it, smell it, etc., etc.?
Products can include items such as cosmetics, vitamins, jewelry, backpacks, clothing, cigarettes, food and beverages, guitars, chemicals, paints, tools, machines, automobiles, etc.
What are the Services?
Services are classified in classes 35-45, but what is a service? This one tends to be a bit more complicated as some services deal with tangible items. A simple way to look is to consider if you are doing something for someone.
For example, if you prepare taxes, are a real estate agent, teach something, manage a restaurant or hotel, are a doctor, a lawyer, a cosmetologist, then you are offering a service.
Can I be selling goods and services?
Absolutely and these seem to almost always be the case for certain industries. Let me provide some examples:
1) You have a name that you use for your beauty salon, as well as an eventual line of hair care products. To register the name as a trademark, you’ll want to register under IC 3 (cosmetics and cleaning preparations) as well as IC 44 (medicine, beauty and agriculture).
2) You have a name for your clothing retail store where you sell all kinds of clothes from different designers. Since you are not selling your branded clothing line, you only need to file IC 35 (advertising and business).
3) It has a name for its line of baked goods, specifically cakes, candies, and cookies that it distributes to coffee shops and kiosks. Since another party is selling your products, you only need to file IC 30 (staples).