What is Trademark Class 42?

Trademark Class 42 includes technical or scientific services in relation to practical and theoretic aspects of complex fields. These services would include those provided by engineers, chemists, computer programmers, physicists, and similar occupations. Class 42 also includes services provided by engineers undertaking research, estimates, evaluations, and reports in the technological and scientific fields as well as scientific medical research purposes.

Trademark Class 42 includes the following services:

  • Architectural consultation or services
  • Oil-field exploitation analysis
  • Artwork authenticating
  • Biological research
  • Bacteriological research
  • Calibration
  • Chemical analysis and research
  • Cartography
  • Chemistry services
  • Clinical trails
  • Cloud computing and seeding
  • Computer rental services
  • Computer programming, system analysis, and design
  • Computer virus protection services
  • Computer technology consulting
  • Construction drafting
  • Computer design and development consultancy
  • Energy-saving consultancy
  • Data or document conversion services
  • Cosmetic research
  • Interior décor design
  • Dress designing
  • Computer program duplication
  • Electronic data storage
  • Graphic arts design
  • Geological research and prospecting
  • Handwriting analysis
  • Computer hosting sites
  • Industrial design
  • IT consultancy
  • Computer software installation
  • Land surveying
  • Computer software maintenance
  • Computer system monitoring
  • Off-site data backup
  • Oil-field surveys
  • Oil-well testing
  • Packaging design
  • Information technology outsourcing
  • Physics research
  • Quality control
  • Quality evaluation of timber or wool
  • Computer data recovery
  • New product research and development services
  • Environmental protection research
  • Scientific information consultancy
  • Scientific laboratory services
  • Providing online search engines
  • Server hosting
  • Service software
  • Industrial design styling
  • Surveying
  • Technical research
  • Technical project studies
  • Telecommunications consultancy
  • Technological consultancy
  • Textile testing
  • Material testing
  • Underwater exploration
  • Computer software updating services
  • Urban planning
  • Weather forecasting
  • Water analysis
  • Web server rental services
  • Website design consultancy

An example of a recognizable Class 42 trademark is iHeartRadio. This trademark is issued to Clear Channel Broadcasting, Inc., which provides an interactive website that allows users to manage, discover, and consolidate media content in the fields of radio and music.

Related Classes

Before registering in Class 42, consider any related or "coordinated" classes under which your mark might be categorized. These include:

  • Business services
  • Insurance and Finance Services (Class 36)
  • Construction and Repair Services (Class 37)
  • Telecommunications Services (Class 38)
  • Shipping and Travel Services (Class 39)
  • Material Treatment Services (Class 40)
  • Education and Entertainment Services (Class 41)
  • Food Services (Class 43)
  • Medical and Vet Services (Class 44)
  • Legal and Security Services (Class 45)

The USPTO considers coordinated classes to be those related to any other class. You may need to file in coordinated classes in addition to Class 42 depending on the trademark.

Why is Trademark Class 42 Important?

Trademark registration is based on a class system due to the varied nature of things that can be trademarked. For each class of goods or services you can register, you're required to pay a separate registration fee.

For instance, if you are a developer applying for a trademark, you may want to register for Classes 9 and 42, which cover both downloadable software and the service the software provides. When doing this, you must pay two fees: one for Class 9 and one for Class 42. You must indicate the correct class when registering your trademark, otherwise, if you enter the wrong class, you'll have to start the application process over again.

Trademark registrations are restricted to the goods and services you already offer or plan to offer, which you must indicate based on the specimens (or proof) you submit or on an intent-to-use basis.

Class 42 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:

Examples of Class 42 Specimens

A specimen is a means of providing proof of your goods or services to the USPTO. Since Class 42 consists of scientific and technological services rather than goods, you need to submit proof of your services on which the trademark is clearly visible. You can do this with:

  • Brochures
  • Copies of your marketing or advertising materials
  • Photographs of your billboards
  • Newspaper or magazine ads
  • Screenshots of your website

Your letterhead or business cards may be used if your services are clearly stated on them. Also, if your service is represented in audio form, such as on radio ads, you can submit a sound file as proof.

The following are unacceptable specimens for Class 42 services:

  • Invoices
  • Packing slips
  • Documents showing the trademark rather than service mark usage, which indicate a connection to goods rather than services
  • Business cards or letterhead only bearing the mark and company name with no reference to services

Common Mistakes

  • Not considering every aspect of your goods or services

In the case of an app developer, you can file both a Class 9 and Class 42 because you're trying to trademark bothsoftware and the service that software provides. However, many developers find it difficult to afford registration formultiple classes. Even so, you should always consider every aspect of your product or service so you can register with the primary class or any relevant classes as you see fit.

  • Registering under the wrong class

Many people choose the wrong class when filing their trademark application. Doing so can cause a delay in receivingyour trademark registration. Be sure to take the time to do your research and classify your trademark correctly. If you're still not sure where your trademark fits, consult a trademark attorney.

  • Filing under the wrong name

This mistake happens more often than you may think. Entrepreneurs often try to register a trademark before completing their corporate paperwork, or they've already completed the required paperwork but register thetrademark in their personal name. These situations result in a voided application, and you must start over again and pay a new application fee.

  • Listing too many goods or services

You want to be detailed about your services when filling out a Class 42 trademark application, but listing too manywill result in denial. The reason for this is that a broad range of services can almost always be broken up into differentclasses, which require additional fees.

  • Choosing a poor trademark name

Picking the right trademark name is essential. If you choose a bad one, your trademark application will be rejected.

  • Failing to respond to office actions

Office actions are requests by the trademark office for additional information or clarification. You have six months to respond toan office action before your application is abandoned. If you fail to respond on time, you'll have to start the process again.

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 do I file a Class 42 trademark?

Navigate to the USPTO website and file your trademark application forms online.

  • How do I determine if my trademark falls under Class 9 or Class 42?

Classes 9 and 42 are similar enough that they're often confused. Class 9 refers to electrical and scientific apparatuses. These can include instruments related to surveying, weighing, photography, signaling, checking,lifesaving, teaching, cinematography, and nautical applications. Class 42 denotes services related to some of theseindustries, but the difference is that Class 42 is strictly about services, research, and design, not apparatuses. If you develop an app, for example, the trademark would fall under Class 42.

  • Which services are not included in Class 42?

Class 42 DOES NOT include:

  • Oil and mining extraction
  • Computer file management or word processing services
  • Business evaluations and research
  • Fiscal and financial evaluations
  • Computer hardware installation and repair services
  • Medical treatment services
  • Service provided by those in the medical profession
  • Garden and landscape design
  • Legal services

If you need help determining which class your trademark falls under, or if you would like to hire a lawyer to file for you, post your job on UpCounsel's marketplace. Our lawyers are from top schools such as Yale Law and Harvard Law with an average of 14 years of legal experience.