Trademark Class Selection Shapes the Opposition Process

Trademark class selection directly affects opposition procedures. The classes you choose also play a role in relative refusal grounds: an application is examined only for its own classes. For example, if your trademark is registered in class 25, a competitor's attempt to register the same name in class 36 is generally accepted. Similarities across different classes do not constitute a relative refusal. Applying for all areas where your mark will be used reduces the risk of unfair use. For instance, applying only in class 43 for a restaurant leaves food products uncovered. Someone else could register the same name for food products in classes 29 or 30. Class selection is a strategic decision. In software, commerce, or services, the use of similar names is first evaluated through these class distinctions.