I'll most likely extend the scope of my business in the future. Should I register the trademark in multiple classes right now?

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Written by Tomas Orsula

Senior Trademark Attorney

If you’re already thinking about the expansion and making plans, then yes, you should file in additional classes as well. Including additional classes in the original application is cheaper than filing a separate new application later in most jurisdictions, and it secures the same priority date across all classes from the outset.

If you do wait to file new applications down the line, you’re risking a similar application being filed in the additional classes before you get to them. In first-to-file jurisdictions, whoever files first holds the rights in that class, and a prior application would significantly disrupt you from securing your rights in those classes.

The caveat is that classes where there is no genuine commercial activity within five years become vulnerable to non-use cancellation. Only include classes where actual use is planned within a reasonable timeframe.

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