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By J.D. Houvener
Patent Attorney and Founder

I’m a bit stuck. How many trademark classes do I really need?

I want to trademark a logo that’ll go on my artwork. The idea is to use print-on-demand sites to put that art on things like mugs, shirts, tote bags, all that kind of swag. The platform handles the production. I just upload the designs and get a commission when something sells.

I’m not making the products myself. And I’m not using the logo as a big-name brand like Nike does. It’s not about selling the mug, it’s about the art that goes on the mug.

Someone mentioned I might need to file under Class 16 for artwork. But that didn’t feel quite right.

Here’s how I think about it:
You’re not really selling physical goods. You’re offering a service, printing art on stuff for clients. That makes you a service provider, not a manufacturer or product seller.

Sure, if you dig through the USPTO list, you could probably fit into 8 or 9 classes. But that’s overkill. You’re not selling t-shirts or mugs. You’re offering printing services, maybe even drop shipping.

So what you likely need is Class 35. That covers things like business services, online retail, and branding help. That’s the heart of what you do.

Bottom line?
Customers aren’t paying you for the mug. They’re paying you to put the art on it.

So you probably only need one class. Class 35.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/