Publications that are down- loadable or viewable by means of a computer network is considered a service since there are no hard goods received from the supplier. The service is providing the publications on a global computer network. Subject matter of the publications must be indicated, but the service of providing it is in Class See Class 42 discussion below.
For example, banking services are in Class 36 whether provided in a bank or on-line by means of a global computer network. Similarly, the service of providing information by means of a global computer network is classified in the class of the information subject.
If an entity provides information in a wide variety of fields, this must be reflected in the identification and the service may be classified in Class 42 e. Class Provision of telecommunications connections to a global computer network. It is ONLY the technical means by which one computer can communicate with another. It is NOT providing the computer technology that transfers the data; it is the means by which that data is transferred.
Firmware, Computer operating systems, computer operating programs, recorded, Information technology and audiovisual equipment, electronic agendas, amplifiers, couplers [data processing equipment], demagnetizing apparatus for magnetic tapes, magnetic encoders.
Communications equipment, acoustic conduits, acoustic couplers, electric apparatus for commutation, galena crystals [detectors], high-frequency apparatus, radios, satellites for scientific purposes, sound transmitting apparatus, speaking tubes, transmitters of electronic signals, transmitters [telecommunication], transmitting sets [telecommunication], transponders. Computer networking and data communications equipment. Broadcasting equipment. Replicating apparatus, blueprint apparatus.
Photocopiers, photocopiers [photographic, electrostatic, thermic]. Image scanners, scanners [data processing equipment], Printers, plotters, printers for use with computers.
Data processing equipment and accessories electrical and mechanical , bar code readers, data processing apparatus, electronic pocket translators, interfaces for computers, invoicing machines, mathematical instruments, optical character readers, readers [data processing equipment], voting machines. Calculators, abacuses, adding machines, calculating machines, calculating disks, pocket calculators. Ticket dispensers, ticket dispensers.
Payment terminals, money dispensing and sorting devices, automated teller machines [ATM], cash registers. Coin-operated mechanisms, mechanisms for coin-operated apparatus, coin-operated mechanisms for television sets. Peripherals adapted for use with computers, computer keyboards, computer peripheral devices, electronic pens [visual display units], magnetic tape units for computers, monitors [computer hardware], mouse [data processing equipment], mouse pads, wrist rests for use with computers.
Computers and computer hardware, bags adapted for laptops, computers, laptop computers, notebook computers, sleeves for laptops. X-ray apparatus not for medical purposes, apparatus and installations for the production of X-rays, not for medical purposes. Photovoltaics, photovoltaic cells. Opticians' goods, correcting lenses [optics], spectacle lenses.
Access control devices, electrified fences, locks, electric. Eye protection, anti-glare glasses, goggles for sports. Diving equipment, breathing apparatus for underwater swimming, divers' masks, diving suits, ear plugs for divers, gloves for divers.
Navigation, guidance, tracking, targeting and map making devices, directional compasses, compasses [measuring instruments], cosmographic instruments, electronic tags for goods, Global Positioning System [GPS] apparatus, marine compasses, nautical apparatus and instruments, navigation apparatus for vehicles [on-board computers], navigational instruments, satellite navigational apparatus, sextants, steering apparatus, automatic, for vehicles.
Monitoring instruments, monitoring apparatus, electric. If your trademark includes design elements, you should find the design search codes for the prominent design elements.
Ask these two questions to help you decide which design elements are prominent. If you were visually scanning a large number of trademarks:. For example, the prominent features, or design elements, of the image below would be an elephant design search code Although there are many details in the next image, the prominent design elements are a supermarket design search code A design search code is a six-digit number. The first two digits are the category of the design. Use one of the following methods to look up the design search codes you identified in the last section.
Using these close matches in your TESS search could help you do a more thorough clearance search. The system will return a list of suggested design search codes that match or are closely related to the term you entered.
Check this list for closely related designs you could use to make your clearance search more thorough. Depending on your design, you may want to use more than one of these design search codes in your clearance search.
You will see examples of designs that are coded with that design search code. Comparing the examples to your design can help you determine if you should use that design search code in your clearance search. The divisions are listed at the top of the category page. Select the name of a division to jump directly to the one you want to view, or scroll down to see all the designs in the category.
Categories, divisions, and sections are all listed alphabetically. Select the code listed to view the corresponding category, division or section.
Select the term to see a list of the categories, divisions and sections that use that word. Select to view the corresponding category, division, or section.
The browse dictionary feature only finds exact matches to the design search code you look up. Use the keyword search to find close matches and exact matches.
Using close matches when you search TESS can help you conduct a more thorough clearance search. When you are ready to start your TESS search for designs, go to the using the Trademark Electronic Search System webpage for instructions on using the system. Design search codes are the only way to search TESS for trademarks with specific design elements. For other assistance, please see our contact us page. Get ready to search - classification and design search codes. These classes are also a critical aspect of the clearance search performed before filing the application as they help to hone the results and evaluate existing marks that could pose a risk to your application.
Also, as a quick disclaimer, even if your trademark appears to be in the clear for certain classes, it does not guarantee registration. Trademark law is inherently subjective, and each trademark application is thoroughly reviewed by an individual examining attorney from the US government—and you never know what they might find.
Well, class 42 covers software that is non-downloadable, such as online games or software programs hosted on websites. Class 9, on the other hand, covers downloadable software. When performing a trademark search for any type of software, whether it is an app or SaaS, you should search in both classes.
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