Picking goods and services for your trade mark application

When filing a trade mark application, you will need to list the goods and/or services that you intend to use your trade mark for. It is vital to get this correct before you lodge your trade mark application. This is because the exclusive rights your trade mark will provide you will only be in relation to the goods and services included in your application.

You cannot add new goods and services to the application after it is filed. If you want your trade mark to cover additional goods or services, you will need to apply for a new trade mark.

Listing the wrong goods or services (or mistakenly excluding some) may mean your trade mark does not properly protect you. It could also result in your trade mark being rejected.

What are classes of goods and services?

Goods and services are split into 45 different classes in Australia. Goods are covered in classes 1 to 34, and services are covered in classes 35 to 45.

Picking your goods or services

When picking the rights goods or services, you need to determine what goods or services are core to your business. You should consider what goods your business makes, and what services your business provides.

It is also important to find a good balance when selecting your goods or services. Goods or services that are too broad may be difficult to register, but keeping them too narrow might limit your ability to expand your offering in the future. Ideally, your goods or services should be broad enough to give you flexibility to protect similar products or services you might provide in the future.

Unsure what goods or services you need to protect? I can help you select the right goods and services to ensure your business is adequately covered. Reach out to me today.