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[2lstudent]

the product name i am looking to trademark has sensor components which take information and transmit it to a database would this fall under software- is this considered a service?

would i have to put it in both goods and service classes?

please help!

[JSonnabend]

What exactly are you selling?

- Jeff

[2lstudent]

well its sensor components that you place on a moving vehicle to track its movement which is then sendt to a database

[Lyza]

I am not an attorney but it sounds to me like you are offering goods rather than services.  A service would be related to repairing or training, etc., the people who use your product(s).  If you are selling the hard goods, then your application should be for goods.  If you are offering services related to those goods, i.e. (as I said) repairing, installing, or training services, etc., those are services and you would want to file a multiple class application for both goods and services.

Software can be considered a good but can also be offered in a way that qualifies in filing under service classes.  For example, non-downloadable or ASP-offered software, where nothing is downloaded or installed on to a customer's computer and the user goes to a website to use the TM applicant's software, is usually registered in service Class 42 while software offered on CD-ROM is usually registered under goods Class 9.  If your software is offered both ways, you might want to protect it's use under the mark both ways by filing a multi-class application.  I hope this helps and if I have mis-stated, an attorney will chime in.  Thanks.

Lyza

[2lstudent]

well after conducting searches on TESS i thought the database that tracked inventory and provided realtime info of location/ movement of sensors would be under clas 35


however, after looking up some registration numbers that seem to have identical descriptions- they are classifying it as class 9

so im a bit confused again- back to square one. this is just a datbase that will organize all information that is obtained from the sensor components sold separately.   this is not some type of database online.

[2lstudent]

also if i file it as a service and someone else uses the same mark but as a good and it is the same product- would i be able to sue? or would i not have a claim since it is in a diff category??

[JSonnabend]

If you were in class 35 providing software based services and someone else came out with a similar product, under a similar mark in class 9, would there be a likelihood of confusion between you and them?  If someone came out with a software product called "Google File Searcher" and sold it as a desktop piece of software, would Google Inc. have a TM claim against them?

If you really are a 2L law student, I suggest you put some of your research skills to work rather than asking questions here to take back to you boss.  The TMEP is a good place to start.  If you have access to Westlaw (or a law library), then McCarthy is likely the best place to start your TM research.

- Jeff