Trademark Class 41: Everything You Need to KnowTrademark Law ResourcesTypes of TrademarksHow To Register A TrademarkTrademark InfringementTrademark Search
Class 41 is one of the 45 classes used by the United States Patent and Trademark Office (USPTO). Each class designates a category of goods or services.6 min read
2. Why Should I Register a Trademark?
3. What Does Trademark Class 41 Include?
4. Common Mistakes
5. What Are the Trademark Classes?
6. What Are Coordinated Classes?
7. Frequently Asked Questions
Updated October 21, 2020:
Trademark Class 41 includes education and entertainment services, such as:
- The training of people or animals
- Sporting and cultural activities
- The presentation of art and literature
Class 41 is one of the 45 classes used by the United States Patent and Trademark Office (USPTO). Each class designates a category of goods or services.
Why Are Trademark Classes Important?
Trademarks protect intellectual property (IP) rights for commercial elements, such as:
- Business names
- Goods or services
When you receive a trademark registration, you gain exclusive rights to use the mark on commercial services in specific settings.
As a general rule, trademarks don't grant the owner exclusive rights to use the mark on every imaginable service. Instead, the scope of your trademark is as limited as you make it. You can use your mark only on the category of services that you pick out on your trademark application.
When you apply for a trademark, you'll have to pick one or more trademark classes that apply to your company's services. You should only mark classes that apply to services you currently offer or those that you have a plan to offer in the near future. By doing this, you'll alert the USPTO and the public to how and when your trademark applies.
Why Should I Register a Trademark?
Having protection for your trademark prevents others from using it, which is known as infringement. When you own a registered trademark, you can seek legal action against the infringing party. An infringement suit must prove that the third party is in your trademark class and is creating market confusion by using a similar slogan, symbol, or name.
What Does Trademark Class 41 Include?
Trademark Class 41 includes several types of education and entertainment services. This refers to services for training, sporting, and cultural activities. It also applies to services for people or institutions involved in the development of the mental faculties of people or animals. The following services fall under Class 41:
- Publishing and reporting, textbook writing, electronic book and journal publishing, reporting services, layout, calligraphy, and electronic desktop publishing
- Sporting, entertainment, and educational events, including but not limited to beauty contests, concerts, amusement parks, cinema, nightclubs, circuses, DJ services, entertainment services, modeling, live performance, composition, party planning, arcades, radio, recreational facilities, entertainment equipment rental, television shows, ticketing, and zoos
- Competitions, exhibitions, and conferences
- Gambling and lottery operations
- Photography and audio-video production
- Sports and fitness coaching, classes, facilities, health clubs, personal training, and equipment and facilities rental
- Library and bookmobile services
- Educational academies and institutions, workshops, correspondence courses, boarding school, gymnastics, preschool, tutoring, vocational school, and religious education
- Translation and language services.
Some examples of registered Class 41 trademarks include:
- Rag & Bone Image Mark: Registered by Rag & Bone Holdings, LLC, this trademark is for the company's website and blog, which feature information on fashion, culture, and lifestyle. The serial number is 85715146, and the registration number is 4289182.
- Survivor Outwit Outplay Outlast Caramoan Fans vs. Favorites Image Mark: Registered by Survivor Productions, LLC, this trademark is for entertainment services, namely the reality-based TV series that appears on television, online, and on wireless communication devices. The serial number is 85804342, and the registration number is 4373759.
- Art in the Park Concert Series Image Mark: Registered by the Kiwanis Club of Little Havana, Inc., this trademark is for entertainment exhibitions that feature jazz and funk concerts for cultural or educational purposes as well as exhibits of arts, crafts, and fine jewelry. The serial number is 85443661, and the registration number is 4263311.
Class 41 is one of the most popular trademark classes for new applications. That means your trademark may face competition or tighter scrutiny. Other common classes include:
- Class 9 (Electrical and Scientific Apparatus): This includes computer software and electronics.
- Class 25 (Clothing): This includes clothing, footwear, and headgear.
- Class 35: (Advertising and Business Services): This includes advertising, business administration, and office functions
- Class 42 (Computer and Scientific): This includes technology, scientific, and research services.
- Selecting a Goods Class Instead of a Services Class: Pay close attention to the class you choose. For instance, a T-shirt printing company offers a service, however, T-shirts are a good.
- Selecting the Wrong Trademark Class: The class you choose has to represent the final version of your service. Don't choose a class that represents the way you plan to market your service.
- Selecting Too Many Trademark Classes: When you submit an application, the trademark examiner will search for related marks that already exist. If your trademark classes and descriptions are too general, your mark may infringe on an existing one. That puts your trademark application at risk of rejection.
- Selecting Too Few Trademark Classes: If your trademark doesn't completely cover the services you offer, you could encounter legal issues in the future. If another business registers a similar trademark in a different class, your expanded services may infringe the competing mark.
What Are the Trademark Classes?
The USPTO has relied on the same standardized categories of goods and services since September 1, 1973. Most other nations use this same list, too. The Nice Agreement outlines the categories in the International Trademark Classification System. Also known as the Nice Classification (NCL), it includes 45 general categories, with 34 goods categories and 11 services categories.
What Are Coordinated Classes?
Coordinated classes are those that are closely related to another class. You can register your trademark in more than one class, but each carries a separate registration fee. Classes that are considered coordinated with Class 41 include:
- Class 36: Insurance and Financial Services
- Class 37: Construction Services
- Class 38: Telecommunications Services
- Class 39: Travel and Shipping Services
- Class 40: Material Treatment Services
- Class 42: Science and Technology Services
- Class 43: Food Services
- Class 44: Veterinary and Medical Services
- Class 45: Security and Legal Services
Frequently Asked Questions
- How Many Trademark Classes Can I Select?
You can pick as many trademark classes as necessary to cover the services you provide. Aim for a balance between wide and narrow definitions of your service.
- Can I Add Another Class to My Trademark?
No, you can't add goods or service classes after submitting the application. If you need to broaden the application, you'll have to start over and pay the filing fee again.
- How Much Does It Cost to Register a Trademark Class 41?
Check the current USPTO fee schedule. Trademark applications start at $225. You may have to pay an additional fee for selecting more than one class.
Steps to Register a Class 41 Trademark
1. Do a Trademark Search: Look for similar trademarks in Class 41 using the USPTO Trademark Electronic Search System (TESS) database. You can also review the USPTO Official Gazette for newly registered trademarks in your class.
2. File a Trademark Application: Submit your trademark application through the USPTO Trademark Electronic Application System (TEAS). Pay the filing fee. Compile the following materials for your application:
- Basis for Application: Mark "use in commerce" if you already sell the services or "intent to use" if you plan to do so soon.
- Identification of the Class of Services: Check Class 41 and any other related, or coordinated, classes, such as Class 36 (Insurance and Finance Services), Class 37 (Construction and Repair Services), Class 38 (Telecommunications Services), Class 39 (Shipping and Travel Services), Class 40 - Material Treatment ServicesClass 42 (Science and Technology Services), Class 43 (Food Services), Class 44 (Medical and Vet Services), or Class 45 (Legal and Security Services).
- Description of the Services: Use one of the preexisting descriptions for your services or create a custom written description. If you develop a custom description, be specific. Provide examples.
- Specimen: Include an example of how the trademark will appear in practice. This must include both the mark itself and a reference to the service. For Trademark Class 41, you can include:
- Copies of the letterhead stationery, provided the services you offer are indicated in a letter written on the stationery
- Business cards that clearly outline the services
- A screenshot of your website showing the full page including URL
- A sound file of relevant audio
- Scanned copies of advertising materials
The USPTO won't accept news releases, goods, or invoices for this class.
- Information About the Applicant: List your name and mailing address. If you're filing as a business, include your company address and contact information.
- Declaration: Show that you've filed the application completely and truthfully.
If you need help with registering a trademark, you can post your question or concern on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law. They average 14 years of legal experience. This includes work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.