Trademark Class 41: What Is It?

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 rights for commercial elements, such as:

  • Business names
  • Slogans
  • Phrases
  • Logos
  • 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 pickone 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.

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. All of the following services fall in Class 41:

  • Publishing and reporting, calligraphy services, electronic desktop publishing, layout services, other than for advertising purposes, news reporters services, providing on-line electronic publications, not downloadable, publication of texts, other than publicity texts, publication of books, publication of electronic books and journals online, writing of texts, other than publicity texts.
  • Education, entertainment and sports, amusement parks, arranging of beauty contests, arranging and conducting of concerts, booking of seats for shows, movie theater presentations, circuses, club services, disc jockey services, discotheque services, entertainer services, entertainment, entertainment information, game services provided on-line from a computer network, games equipment rental, holiday camp services, presentation of live performances, modeling for artists, movie studios, music composition services, music halls, nightclubs, orchestra services, organization of shows, organization of balls, party planning, photographic reporting, photography, production of shows, production of radio and television programs, providing amusement arcade services, providing karaoke services, radio entertainment, providing recreation facilities, recreation information, rental of movie projectors and accessories, rental of stage scenery, rental of show scenery, rental of motion pictures, rental of sound recordings, rental of videotapes, rental of video cassette recorders, rental of radio and television sets, rental of audio equipment, rental of lighting apparatus for theatrical sets or television studios, rental of video cameras, scriptwriting services, services of schools, subtitling, television entertainment, theatre productions, ticket agency services, toy rental, zoological garden services.
  • Conferences, exhibitions and competitions, arranging and conducting of congresses, arranging and conducting of conferences, arranging and conducting of seminars, arranging and conducting of symposiums, organization of fashion shows for entertainment purposes, providing museum facilities, organization of competitions, organization of exhibitions for cultural or educational purposes.
  • Gambling, providing casino facilities, gambling, operating lotteries.
  • Audio and video production, and photography, dubbing, film production, other than advertising films, microfilming, production of music, recording studio services, videotape film production, videotape editing, videotaping.
  • Sports and fitness, coaching, conducting fitness classes, providing golf facilities, health club services, organization of sports competitions, personal trainer services, providing sports facilities, rental of skin diving equipment, rental of sports equipment, except vehicles, rental of stadium facilities, rental of tennis courts, rental of sports grounds, sport camp services, timing of sports events.
  • Library services, lending libraries, bookmobile services.
  • Education and instruction, academies, animal training, arranging and conducting of colloquiums, arranging and conducting of workshops, boarding schools, correspondence courses, education information, educational examination, gymnastic instruction, nursery schools, physical education, practical training, religious education, teaching, vocational guidance, vocational retraining.
  • Translation and interpretation, language interpreter services, sign language interpretation, translation.

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 telecision, 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 education purposes as well as exhibbits 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:

Common Mistakes

  • 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 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.

NCL Classes

Class No.

Type

Description of Goods

Class 1

Chemicals

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2

Paints

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3

Cosmetics and Cleaning Preparations

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4

Lubricants and Fuels

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 5

Pharmaceuticals

Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6

Metal Goods

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7

Machinery

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Class 8

Hand Tools

Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 9

Electrical and Scientific Apparatus

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10

Medical Apparatus

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11

Environmental Control Apparatus

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12

Vehicles

Vehicles; apparatus for locomotion by land, air or water.

Class 13

Firearms

Firearms; ammunition and projectiles; explosives; fireworks.

Class 14

Jewelry

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

Class 15

Musical Instruments

Musical instruments.

Class 16

Paper goods and Printed Matter

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Class 17

Rubber Goods

Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18

Leather Goods

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19

Nonmetallic Building Materials

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20

Furniture and Articles not Otherwise Classified

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21

Housewares and Glass

Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

Class 22

Cordage and Fibers

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23

Yarns and Threads

Yarns and threads, for textile use.

Class 24

Fabrics

Textiles and textile goods, not included in other classes; bed and table covers.

Class 25

Clothing

Clothing, footwear, headgear.

Class 26

Fancy Goods

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27

Floor Coverings

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28

Toys and Sporting Goods

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29

Meats and Processed Foods

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

Class 30

Staple Foods

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31

Natural Agricultural Products

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32

Light Beverages

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33

Wine and Spirits

Alcoholic beverages (except beers).

Class 34

Smokers' Articles

Tobacco; smokers' articles; matches.

 

NCL Services

Class No.

Type

Description of Services

Class 35

Advertising and Business

Advertising; business management; business administration; office functions.

Class 36

Insurance and Financial

Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37

Building Construction and Repair

Building construction; repair; installation services.

Class 38

Telecommunications

Telecommunications.

Class 39

Transportation and storage)

Transport; packaging and storage of goods; travel arrangement.

Class 40

Treatment of Materials

Treatment of materials.

Class 41

Education and Entertainment

Education; providing of training; entertainment; sporting and cultural activities.

Class 42

Computer and Scientific

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43

Hotels and Restaurants

Services for providing food and drink; temporary accommodation.

Class 44

Medical, Beauty & Agricultural

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45

Personal

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

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" of 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. For Trademark Class 41, you can include:
    • Copies of the letterhead stationery
    • Business cards that clearly outline the services
    • A screenshot of your website
    • A sound file of relevant audio. 

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, Stripe, and Twilio.