Trademark class

What trademark class is hand tool in?

Hand tool falls in Class 8, hand tools, and depending on what exactly you sell it can also fall in Class 7 or Class 16 or Class 9. Everything below is read from the USPTO's own list of accepted descriptions, not from an opinion about where it belongs.

The short answer

Searching the USPTO Trademark ID Manual for hand tool returns 256 accepted descriptions, and most of them sit in Class 8. The manual is the list of identifications the office has already approved, so wording taken from it is pre-approved and settles the class at the same time.

The class follows from the identification you write, so "what class am I in" is really "what exactly do you sell". How the class system works covers the rest.

Class 8 · Hand tools

Hand-operated tools and utensils you power by hand.

245 accepted descriptions in the manual mention hand tool. For example:

Class 7 · Machines & motors

Machines, power tools, motors, or engines (other than for land vehicles).

4 accepted descriptions in the manual mention hand tool. For example:

Class 16 · Paper & printed goods

Paper products, printed materials, books, or office and art supplies.

3 accepted descriptions in the manual mention hand tool. For example:

Class 9 · Software & electronics

Software, apps, downloadable content, computers, or electronic devices.

2 accepted descriptions in the manual mention hand tool. For example:

Hand tool appears in 4 classes because what you make, what it is made of and the service of selling it are separate classes. Pick the descriptions above that match what you actually do.

Making hand tool is Class 8; a shop or online store that sells it is retail store services (Class 35), and a business that does both files in both.

Hand tools, cutlery and other hand-operated implements. Once it has a motor it leaves the class: power drills are Class 7.

The class decides what a registration covers; it does not decide whether the name is available. Relatedness is judged on the identifications, so a conflict can sit in a class you never looked at: the same name in a different industry.

Check whether your name is clear for hand tool Searches the live USPTO register, including sound-alike and meaning-alike names. First search $2, then $5.

Other things in Class 8

razorscissorsshearswrench

Common questions

What trademark class is hand tool in?

Hand tool sits in Class 8, hand tools. That is where the USPTO's own ID Manual puts it: 245 accepted descriptions mentioning hand tool fall in Class 8. Depending on exactly what you sell it can also fall in Class 7 or Class 16 or Class 9.

Do I have to file in more than one class?

You file in every class you actually use the mark in, and the USPTO charges its fee per class. Selling a product and also running an online store for it is two classes, not one. Filing in classes you do not use is worse than filing in too few: an application has to be supported by real use or a genuine intent to use.

Does the class decide whether my name is available?

No. The class decides what a registration covers. Availability turns on whether someone already holds a similar mark for related goods, and relatedness is judged on what the identifications say rather than on the class number, so marks in different classes can still conflict.

Not what you sell? Search the class finder for your own wording, or browse all 45 classes.

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Free tools: class finder · deadline calculator · what a report looks like · how to trademark a name © LaunchTime IP · Software, not a law firm. General information about U.S. trademark law and the Nice Classification, not legal advice. Class lists are a guide: the USPTO decides how your goods are classified from the identification you file.