Trademark Class 4 is the correct trademark classification for lubricants, fuels, candles, coal and other related products.
Trademark Classes Background
One of the most important requirements to obtain a trademark registration with the United States Patent and Trademark Office (USPTO) is that trademark application must identify what goods and/or services the trademark is used in connection with.
In addition, trademark applications must also select the appropriate Trademark Class their applied for goods and/or services fall under. For example, if Exxon-Mobil wants to obtain a trademark registration for the gas and diesel they sell, they need to identify gas and diesel in their trademark application under Trademark Class 4.
It is important to correctly select what Trademark Class for the goods and/or services identified in a trademark application. If goods or services are miscatagorized, the USPTO’s Examining Attorney will issue an Office Action to correct the issue. At the very least, an Office Action will delay the trademark application from being registered. If the issue is not properly addressed, the trademark application may fail to ever register.
Originally, every country had their own trademark classification system. However, to make things easier and to harmonize trademark systems internationally, the Nice Agreement created forty-five trademark classes that most industrialized countries used during the trademark application process.
The easiest way to identify what Trademark Class particular goods or services belong to is to view the Trademark Identification Manual online on the USPTO website.
Trademark owners who sell goods or services in different trademark classes under the same brand or trademark can file separate individual class applications, or consolidate the trademark classes into one multiple class trademark application. However, each trademark class per an application requires a USPTO fee.
Trademark Class 4 - Fuels, Oils, Candles, & Lubricants
Trademark Class 4 does not include a ton of products, at least products known to generla consumers. However, Class 4 goods dominate certain industries and are incredibly necessary for the modern economy to work.
Trademark Class 4 consists of fuels, oils, lubricants and some illuminants. Illuminants are light sources, such as candles or oil candles. Below is a more detailed list of the types of goods that fall into some of the subcategories of Trademark Class 4.
Oils: industrial oil, industrial greases, lubricants
Fuels: gas, diesel, natural gas, coal, some alcohols, ethanol
Illuminants: candles, waxes, wicks (modern illuminants are mostly in Class 13, such as lamps and light bulbs)
Trademark Class 4 Examples & Specimens
One of the fundamental requirements for obtaining a trademark registration with the USPTO is that trademark owners must submit an acceptable trademark specimen. Acceptable trademark specimens must show the trademark used in or on the applied for goods or services. For each class of goods or services in a trademark application, the trademark applicant must submit a trademark specimen.
For products, such as Class 4 goods, nearly anything will function as an acceptable specimen show long as the trademark is clearly being used in connection with the identified goods. For example, in Class 4, acceptable specimens include the trademark on product packaging or hangtags, on the product itself, prominently displayed at the point of purchase sale at a retail store, or the trademark shown on an ecommerce website in close proximity to the product and a checkout button.
Trademark owners do not need to mail in physical specimens, such as hangtags, to the USPTO as part of the application process. Instead, all they need to do is take a photo of the specimen (or a screenshot if the specimen is from a website), and upload the image in the original trademark application or as part of a Statement of Use.
The above image is an acceptable trademark specimen in Class 4 the famous MOBIL trademark in connection with gasoline because shows the MOBIL trademark near the point of purchase gas pumps where the consumer buys gasoline.
If you have any questions about what is an acceptable trademark specimen in Class 3, do not hesitate to Contact Us today.
Class 1: chemical compounds
Class 13: electronic illuminants such as lamps and light bulbs, dynamite and explosives
Class 35: retail or online stores that sell Class 4 products
Do you have any questions about Class 4 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.