Q&As

When making a trade mark application, do you usually need to include class 16 to cover use of the mark on promotional leaflets etc?

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Produced in partnership with Robert Cumming of Appleyard Lee
Published on LexisPSL on 21/09/2018

The following IP Q&A produced in partnership with Robert Cumming of Appleyard Lee provides comprehensive and up to date legal information covering:

  • When making a trade mark application, do you usually need to include class 16 to cover use of the mark on promotional leaflets etc?
  • The classification system
  • Filing requirements
  • Inclusion of promotional materials in a trade mark application
  • Conclusion

When making a trade mark application, do you usually need to include class 16 to cover use of the mark on promotional leaflets etc?

The classification system

When filing a trade mark application, an applicant has to select the goods and services for which the trade mark will be protected. Typically, this would be a list of everything in relation to which a trade mark applicant currently uses, or intends to use the trade mark. See Practice Notes: Application to register a UK trade mark, Trade mark registration—strategy and EU trade marks (EUTMs).

Goods and services are divided into categories called ‘classes’, under the Nice Classification system. Under the Nice Classification system, there are 45 classes of goods and services in total. Classes 1–34 contain goods and classes 35–45 contain services. Physical copies of promotional leaflets (ie paper rather than digital) are in class 16, which is the class covering printed matter and stationery.

Filing requirements

The UK Intellectual Property Office (UKIPO) and EU Intellectual Property Office (EUIPO) do not actively check if a trade mark applicant uses its trade mark on all the goods and services it applies for, however:

  1. when

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