How does the number of classes of goods and services influence the chances for a successful registration?

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Written by Igor Demcak

Founder & Trademark Attorney

The number of classes does not directly affect the registrability of the mark. A mark is assessed on its distinctiveness and the absence of conflicting earlier marks in each class; adding more classes does not make the mark more or less distinctive.

However, classes do increase the risk of opposition for your application. Each additional class increases the number of earlier mark holders who potentially have grounds to oppose the application. An application in five classes is more likely to conflict with an existing registration than one in two classes, simply because more commercial territory is covered.

Selecting only the classes that reflect genuine commercial activity minimizes this risk while keeping the application cost and scope appropriate.

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