Trade marks are granted in categories or classes according to the goods and/or services they promote. The trade marks register is divided into 45 classes of goods and services. Classes 1 - 34 are for different types of goods and classes 35 - 45 are for types of services. For example, Class 7 covers machines and power tools; Class 25 covers clothing and footwear; and Class 38 covers telecommunications services.
Check out the classes
You can explore the types of items in each goods or service class by using IP Australia's search tool.
The reason the trade mark register is divided into different classes is that it is possible for two different companies to use the same mark without confusing people, so long as the mark is used for entirely different goods or services.
Both Unilever and Mars use the Dove trademark without fear of confusion.
ExampleDove - what do you think of?
The trade mark DOVE has been registered by one company (Unilever) in relation to soap and beauty products, and by another company (Mars) in relation to a chocolate bar. The entities using the trade mark DOVE are unrelated and have registered the trade mark in their respective classes, i.e. Class 3 for bath soaps and Class 30 for chocolate bars. Consumers are unlikely to be confused into thinking that the company that produces Dove soap is the same company that produces Dove chocolate.
Association with a well-known trade mark
It may not be possible to register an extremely well-known trade mark in a different class if it may confuse consumers as to a possible association with the established company. For example, registration of ‘Mercedes-Benz’ (a well-known trade mark for luxury cars), in relation to stationery items may be refused as it could possibly confuse consumers of an association with the luxury cars brand.
ExampleWhat is Monique offering
Monique offers financial planning services. She has developed a logo for her firm and has put the logo on her notepads, pens and office mugs for promotional purposes. In this example, Monique’s business is to offer financial planning services, not to sell notepads, pens or office mugs. Therefore, she only needs to file a trade mark application for ‘Advisory services for financial planning’ in Class 36.
