To what extent is the success of trademark registration dependent on the scope of classes included on the application?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The classes selected do not affect the inherent registrability of the mark; distinctiveness and conflicts with existing marks are assessed on a class-by-class basis regardless of how many are included. Adding more classes does not make a strong mark stronger or a weak mark weaker.

What the class scope does affect is the probability of encountering a conflict in at least one class. The more classes included, the more existing registrations the application is measured against. An application in ten classes has a statistically higher chance of triggering a conflict somewhere in the range than one in two classes, simply due to the broader territory covered.

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