A trademark registration is not something to take lightly, as it’s important to carefully analyze the classification in which the trademark is requested.

It should be thoroughly analyzed, not only because of cost considerations (the more specific the classification, the more expensive the process), but also in terms of expectations and protection against blocking. Let’s explain:

If you are in the real estate business and, for example, want to register “Effective real estate“, the appropriate class is 36. However, it could happen that a construction company named “Effective” registers in class 37 for construction services. Although the real estate broker’s activity has nothing to do with a construction company, and they target different consumers, it could be awkward to have a real estate business named “Effective” while there is also a construction business with the same name. In this case, it is advisable to register for both classes, not because the real estate business might evolve into a construction company, but simply to avoid confusion. This is called blocking registration.

On the other hand, the real estate broker might have a child studying to be an architect, and in that case, they may be interested in class 42 for architectural services. In this case, the registration is made with the expectation of future use.

Both blocking registration and an expectation registration are allowed by trademark law, and it’s a good idea to act in advance before someone else registers them.

Follow us

Leave us your name and email address to keep you informed with updates and new posts from our news blog.