Trademark class

What trademark class is mental health in?

Mental health falls in Class 44, medical & beauty services, and depending on what exactly you sell it can also fall in Class 35. 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 mental health returns 27 accepted descriptions, and most of them sit in Class 44. 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 44 · Medical & beauty services

Medical, dental, veterinary, wellness, beauty, grooming, or landscaping services.

26 accepted descriptions in the manual mention mental health. For example:

Class 35 · Retail, ads & business

You run a store, sell advertising or marketing, or provide business and office services.

1 accepted description in the manual mention mental health. For example:

Mental health appears in 2 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.

Mental health is a service, so it sits in Classes 35 to 45. Software that delivers a service is often Class 9 or Class 42 as well.

Medical, beauty and grooming services: health spa services and hair salon services are here. Exercise is not, because personal fitness training is Class 41, and the products used are goods, so cosmetics are Class 3.

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 mental health Searches the live USPTO register, including sound-alike and meaning-alike names. First search $2, then $5.

Other things in Class 44

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Common questions

What trademark class is mental health in?

Mental health sits in Class 44, medical & beauty services. That is where the USPTO's own ID Manual puts it: 26 accepted descriptions mentioning mental health fall in Class 44. Depending on exactly what you sell it can also fall in Class 35.

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.