Trademark Class 1 consists of unfinished chemical products that are generally used as ingredients in other products.
Trademark Classes Background
Under the Nice Agreement, the international trademark community created forty-five different classes of goods and services in a somewhat logical manner. For example, clothing goods are in Class 25 whereas business consultancy services are in Class 35.
As a requirement of the trademark application process, trademark owners must identify what goods and/or services they use their trademark in connection with. For example, a company that sells fertilizers would apply for fertilizers in Class 1 in their trademark application.
The best way for applicants to determine what trademark class their goods or services are categorized in is to view the Trademark Identification Manual online at the United States Patent and Trademark Office (USPTO) website.
If a trademark applicant offers goods or services that cover multiple classes, they can file one application that covers as many classes as needed. However, it is important to note that each class of goods and services requires an additional USPTO fee.
Lastly, if a trademark application incorrectly categorizes goods or services into the wrong trademark class, the Examining Attorney will issue an Office Action. At the very least, the Office Action will delay the application, and, if not properly addressed can lead to the application failing to register.
Trademark Class 1 - Chemical Products & Fertilizers
Trademark Class 1 is not the most popular class and most consumers do not frequently encounter goods sold in Class 1. Most companies that own trademark registrations in Class 1 are chemical companies such as DuPont.
Below is a high level overview describing some main subcategories within Class 1 and examples. For the sake of all involved, we did not include many of the technical names of chemicals.
If you are unclear if your product is in Class 1 or a different class, it is always helpful to reach out to an attorney.
Plastics and Resins: plasticol, compositions for manufacture of phonograph records, dispersions of plastics, plasticizers, synthetic materials that absorb oil
Agriculture Products: fertilizers, manure, insecticides, fungicides, weedkillers, and related chemical products
Industrial Adhesives: wallpaper adhesives, adhesives for tiles, waterproofing cement preparations, industrial use glue, leather glues
Chemicals used in Film & Photography: film paper, cinematographic film, still film, photgraphy development solutions, x-ray films, self-toning photography paper, chemicals related to film production and creation
Materials Used for Food & Beverages: artificial sweeteners, beer preserving agents, enzymes used in food, chemicals used to preserve food, and related products
Water Treatment Chemicals: water softeners, water purifying chemicals
Trademark Class 1 Specimens & Examples
Before a trademark can be registered with the USPTO, an acceptable trademark specimen must be submitted. The trademark specimen must show the mark being used in connection with the product.
Many different things can qualify as specimen, such as hang tags or the trademark on the product itself. To submit the trademark specimen, the trademark owner only needs to take a picture of the specimen and upload it online.
Since Class 1 involves only products(no services), Class 1 specimens can include anything normally associated as acceptable specimens for goods. Specimens would include the trademark shown on product packaging or hangtags, the trademark in an in-store display near the products, on an ecommerce website showing the trademark near the product and a checkout button and more.
If you have any questions about what is an acceptable trademark specimen in Class 1, do not hesitate to Contact Us today.
The above is an acceptable specimen for DuPont and the DUPONT logo in connection with fungicide because the trademarks are displayed prominently on a fungicide bottle
Related Trademark Classes
Class 2 - Raw Natural Resins
Class 5 - Medical Science Chemical Products
Class 16 - Stationary and Household Adhesives
Class 17 - Rubber Products
Class 30 - Salt for Food Preservation
Do you have any questions about Class 1 or what trademark class your goods or services fall under? Contact us today for a Free Trademark Consultation and one of our attorneys will contact you within twenty-four hours.