What Does Class 42 Cover in a Trademark Application?

By Josh Gerben, Esq.

Registering your trademark can be a stressful process, especially when you’re filing for multiple classes. Each class relates to a specific type of good or service, so determining what class or classes your product fits into can be simplified with a little guidance. Your product might fall under the most common trademark classes, one such class is class 42 or Science and Technology Services. Simply put, class 42 covers services that deal with scientific and technical services such as service software, technical research, computer programming, chemistry services, etc.

What Does Class 42 Include?

The trademark classes cover a wide variety of goods and services and can encompass anything from making clothes to processed foods. As previously mentioned, class 42 focuses specifically on scientific and technical services such as service software, technical research, computer programming, chemistry services, etc. This class focuses particularly on services from professionals such as chemists, engineers, computer programmers, physicists, and the like. It also encompasses scientific research such as medical research and findings. A class 42 trademark can include anything from cosmetic research to biological research to computer data recovery.

A full list of included services categorized into class 42 can be found on the USPTO website. Also, to get more depth on classes, watch our video on classes explained. Below is an abbreviated list of the services included in Trademark Class 42.

Class 42 services include but are not limited to:

• Architectural services
• Design services
• Biological research
• Chemistry research
• Cloud computing and seeding
• Computer technology consulting
• Construction drafting
• Electronic data storage
• Environmental protection research
• Geological research
• IT consultancy
• Software development and programming

Which Classes Are Coordinated with Class 42?

In many ways, class 42 covers a wide range of services in technical and scientific fields. However, there are situations in which class 42 does not cover all areas of technical services. In these situations, it is important to identify other classes your service falls into. There are 45 total classes to choose from when registering a trademark, so naturally, some of the classes will be related or coordinated with one another. It’s important to understand the different components of what you’re looking to register as a trademark. It’s possible that your product or service actually falls under multiple classes. If this is the case your application will need to include the appropriate classes. It’s also possible that class 42 is not what your product needs. All classes exist to help define and categorize your trademark within a certain context and to prevent a similar trademark from being registered in the same category. While your service might deal with technology, that doesn’t necessarily mean it falls under class 42.

Below are some commonly related classes to Class 42:

Class 9: Electrical and Scientific Apparatus
Class 36: Insurance and Finance Services
Class 37: Construction and Repair Services
Class 38: Telecommunications Services
Class 39: Shipping and Travel Services
Class 40: Material Treatment Services
Class 41: Education and Entertainment Services
Class 43: Food Services
Class 44: Medical and Vet Services
Class 45: Legal and Security Services

The USPTO recognizes coordinated classes as any classes that are related to one another. While applying for a trademark, you may need to file in coordinated classes to receive approval.

How to Register a Class 42 Trademark

As with any trademark application, the first step in registering a Class 42 trademark is to conduct a trademark search for existing marks within that class. It is important not to skip out on this step, as an existing trademark in this class that is too similar to your own mark will prevent you from registering yours successfully. Once this search is complete, the next step is to prepare and file your trademark application with the United States Patent and Trademark Office. The last step of the trademark process is to maintain your trademark status.

An important thing to remember when registering for a trademark is that the cost of your application will change depending on how many classes you register for. The addition of classes will bump up the cost of your application. This is another reason why it’s important to define which classes are the most necessary to register for. Including all correct and necessary classes on your trademark application will prevent your application from requiring corrections or office actions. If you’re registered for the wrong class, you run the risk of elongating the process of acquiring a registered trademark or even having your application rejected.

Registering your trademark as Class 42 is much more straightforward with an understanding of what it encompasses. Class 42 focuses on services that are technical, scientific, and process-oriented. It focuses on processes and the research and design done before producing an apparatus. Determining the class your service falls under can be confusing, but with the guidance of an experienced trademark attorney, you can be sure the correct class is used. Contact us today to begin the process to register your trademark, we’re happy to help!

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 8,000 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.