Trademark Class 9 | UpCounsel 2023

Trademark Class 9 classifies trademarks in nautical, scientific, surveying, cinematographic, photographic, measuring, signaling, and weighing devices. 11 min read

What is Trademark Class 9?

Trademark Class 9 is one of 45 classes used by the United States Patent and Trademark Office (USPTO) to classify products or services. Class 9 is comprised of a broad range of trademarks for nautical, scientific, surveying, cinematographic, photographic, measuring, signaling, and weighing devices. Teaching and life-saving apparatuses and instruments also fall under Class 9, as do DVDs, CDs, cash registers, data processing equipment, and computer software.

Class 9 includes many of today's modern inventions, including electronics, software, computers, smartphones, mobile apps, and fire extinguishers.

In fact, the following goods are just some of the things considered to be part of Class 9. This is only a sampling of a very large grouping:

3D glasses
Accelerometers
Abacuses
Acid hydrometers
Electric accumulators
Acoustic alarms
Acoustic conduits or couplers
Actinometers
Electrical adapters
Antennas
Adding machines
Electric alarm bells
Aerometers
Alarms
Alidades
Altimeters
Alcoholmeters
Animated cartoons
Anti-glare glasses or visors
Anti-theft warnings
Anti-interference devices
Asbestos gloves or clothing
Astronomy instruments
Audio-visual receivers or teaching instruments
ATMs
Baby monitors
Laptop bags
Barcode readers
Beacons
Barometers
Batteries
Battery chargers
Binoculars
Boiler control instruments
Blueprint apparatuses
Underwater breathing apparatuses
Bullet-proof protections and clothing
Buzzers
Loudspeaker cabinets
Calipers
Calibrating rings
Calculating machines
Carpenter's rules
Cassette players
Cash registers
Cell phone straps
Choking coils
Close-up lenses
Fireproof garments
CDs and CD players
Compasses
Computer memory devices
Computer keyboards
Computer programs
Computer software
Computer hardware
Contact lenses
Containers
Copper wire
Cordless telephones
Counterfeit-coin detectors
Counters
Couplers
Crucibles
Decompression chambers
Decorative magnets
Darkrooms
Detectors
Diaphragms
Digital photo frames
Digital signs
Digital video recorders
Dictating machines
Diffraction apparatuses
DNA chips
Diving suits and masks
Downloadable files
Protractors
Instruments for scientific laboratory research
Punched-card office machines

Being such a broad category, it's also important to note what DOES NOT qualify for classification under Class 9:

Control clocks
Clocks, watches, and other chronometric instruments
Electromechanical kitchen apparatuses like grinders or mixers
Apparatuses for dispensing or pumping fuel
Electric toothbrushes and combs
Electric clippers, razors, and flat irons
Game and amusement apparatuses used with a monitor or external display screen

Coordinated Classes

Related classes, otherwise known as coordinated classes, are similar classes to Class 9 and may require you to register another class. These include:

Class 10: medical supplies
Class 16: paper goods
Class 28: games and sporting goods
Class 35: advertising and business services
Class 38: telecommunications
Class 39: shipping and travel services
Class 41: education and entertainment services
Class 42: science and technology services
Class 44: medical and vet services

Class 9 Examples

Examples of Class 9 trademarks include DISH (digital video recorders), BSX (portable tablets), OPENTABLE (computer software and mobile applications), and ORACLE SUPERCLUSTER (computer hardware).

Why is Trademark Class 9 Important?

Class 9 has been the most widely used trademark class in recent years due to its incredibly broad definition of electrical apparatuses. Almost all computers and software are registered under Class 9 along with popular electronics. It's important to note, however, that items such as household utilities and appliances have their own class.

Class 9 Specimens

When you register a trademark for commerce, you must provide a sample or specimen of the mark for the USPTO. This specimen can be a tag, label, or container. You can also provide a photocopy or reproduction of a specimen.

With Class 9 marks, labels are the typical specimens. Mailing or shipping labels are accepted as long as they are attached to the goods or container showing proper trademark usage. You cannot use a shipping label if the mark shown is only used as a trade name, such as on a return address label.

The proper way to affix a trademark is to stamp the trademark on your goods, including any labels, tags, or containers. You can apply it with a rubber stamp, metal stamp, or ink it on by using a template or stencil. When used this way, photographs of the stamping process are acceptable as specimens.

You may come across the term "applied to the containers for the goods," which means the mark is applied to any type of commercial packaging. As such, showing the trademark on commercial packaging is an acceptable specimen when registering Class 9 as long as it's the normal mode of trademark use for your particular goods.

Class 9 is one of the most popular trademark classes for new applications. That means your trademark may face competition or tighter scrutiny. Other common classes include:

Class 25 (Clothing): This includes clothing, footwear, and headgear.
Class 35: (Advertising and Business Services): This includes advertising, business administration, and office functions
Class 41 (Education and Entertainment): This includes publishing, teaching, and entertainment services.
Class 42 (Computer and Scientific): This includes technology, scientific, and research services.

What Could Happen if You Register Your Trademark in the Wrong Class?

Given the fact that certain Nice Classes seem to overlap, such as Class 9 and Class 42, the latter of which denotes technological and scientific services, which includes computer software and hardware, it's easy to choose the wrong one.

In many cases, your trademark may qualify for both Class 9 and Class 42. In this scenario, you can register your trademark under both classes. For example, you may want to register your mobile app under Class 9, but since the app offers a service, you could also register it under Class 42.

However, if you register your trademark in the wrong class, your application will be denied and you will have to start the registration process again. This includes refiling and paying the registration fee again.

As you may have already noticed, trademark classification can be confusing, especially when you're not sure which class to register for. If needed, don't hesitate to consult an expert such as a trademark attorney to ensure you register your trademark with the correct class.

Common Mistakes

Choosing the wrong trademark class. Classes like 9 and 42 are so similar, in fact, that Class 9 includes downloadable software while Class 42 includes non-downloadable software. Getting this wrong can be costly and time-consuming.
Listing too many goods or services on the application. Given the complexity of the Nice Classes, it may seem logical to list too many goods or services on the application in the hopes that you'll get the right classification. The reality is, your application will be denied. If your trademark falls under more than one class, you need to register for them separately and pay separate fees.
Not being descriptive enough. You want to be as descriptive as possible when registering your trademark without going overboard. Make sure that all possible services and goods are covered in the description and that all appropriate classes are designated. You can also cut back on the description later.
Filing under the wrong name. You may not think filing a trademark under the wrong name would be a common mistake, but it's actually one of the most prevalent. Some entrepreneurs try to file under their business name when they haven't yet completed the required corporate paperwork. Others list their personal name when they should have listed the corporate entity. In either of these scenarios, your application is void and you will need to start a new one.
Listing the wrong date of use. The date of use denotes the first time you used your trademark goods or services in commerce. Typically, this means the date you sold your first product or earned money from your services. If you state that you are using the trademark when you haven't yet sold any products, you could be faced with a date of use conflict.
Assuming you own the trademark. In some cases, inventors or developers assume they own their trademarks because they own websites or domain names. These actually have no bearing on your rights to a trademark contained in the domain name. In fact, you can be sued if your website address infringes on someone else's trademark.

What Are the Trademark Classes?

The USPTO has relied on the same standardized categories of goods and services since September 1, 1973. Most other nations use this same list, too. The Nice Agreement outlines the categories in the International Trademark Classification System. Also known as the Nice Classification (NCL), it includes 45 general categories, with 34 goods categories and 11 services categories.

NCL Classes
Class No.	Type	Description of Goods
Class 1	Chemicals	Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2	Paints	Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3	Cosmetics and Cleaning Preparations	Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4	Lubricants and Fuels	Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5	Pharmaceuticals	Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6	Metal Goods	Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7	Machinery	Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Class 8	Hand Tools	Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9	Electrical and Scientific Apparatus	Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10	Medical Apparatus	Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Class 11	Environmental Control Apparatus	Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Class 12	Vehicles	Vehicles; apparatus for locomotion by land, air or water.
Class 13	Firearms	Firearms; ammunition and projectiles; explosives; fireworks.
Class 14	Jewelry	Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Class 15	Musical Instruments	Musical instruments.
Class 16	Paper goods and Printed Matter	Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
Class 17	Rubber Goods	Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18	Leather Goods	Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19	Nonmetallic Building Materials	Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20	Furniture and Articles not Otherwise Classified	Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21	Housewares and Glass	Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22	Cordage and Fibers	Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Class 23	Yarns and Threads	Yarns and threads, for textile use.
Class 24	Fabrics	Textiles and textile goods, not included in other classes; bed and table covers.
Class 25	Clothing	Clothing, footwear, headgear.
Class 26	Fancy Goods	Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27	Floor Coverings	Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28	Toys and Sporting Goods	Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29	Meats and Processed Foods	Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
Class 30	Staple Foods	Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31	Natural Agricultural Products	Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32	Light Beverages	Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33	Wine and Spirits	Alcoholic beverages (except beers).
Class 34	Smokers' Articles	Tobacco; smokers' articles; matches.

NCL Services
Class No.	Type	Description of Services
Class 35	Advertising and Business	Advertising; business management; business administration; office functions.
Class 36	Insurance and Financial	Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37	Building Construction and Repair	Building construction; repair; installation services.
Class 38	Telecommunications	Telecommunications.
Class 39	Transportation and storage)	Transport; packaging and storage of goods; travel arrangement.
Class 40	Treatment of Materials	Treatment of materials.
Class 41	Education and Entertainment	Education; providing of training; entertainment; sporting and cultural activities.
Class 42	Computer and Scientific	Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43	Hotels and Restaurants	Services for providing food and drink; temporary accommodation.
Class 44	Medical, Beauty & Agricultural	Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45	Personal	Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Frequently Asked Questions

How do I apply for a Class 9 trademark?

Once you've figured out that trademark registration is right for you, you should adhere to the following process:

Select your trademark.
Search the USPTO database for any similar trademarks.
Identify that your goods or services fall under Class 9.
Speak with a trademark lawyer.
File the trademark application online at the USPTO website.
Monitor your application status on the USPTO's Trademark Status and Document Retrieval system.
Update your correspondence information, if necessary, while waiting to hear back from the USPTO.

My trademark registration application was denied. What now?

In most cases, trademarks are rejected based on a potential conflict that could elicit confusion among consumers. When this happens, there's nothing you can do but rethink your trademark and start the process over with the modified version. In the event your trademark application was denied because you selected the wrong class, you cansubmit a new application using the correct Nice Class.

Trademark registration is a complex process that should be handled correctly from the very first step. To avoid any potential conflicts or avoidable denials, post your legal need to speak with a trademark attorney on UpCounsel before filing. Our expert advice can help ensure you're filing under the correct class and that your trademark is distinctive enough to pass the stringent approval process.