Healthcare trademarks are everywhere, encompassing a wide-range of products and services. For healthcare providers and sellers of health and wellness solutions, knowing how the trademark system classification works may be useful.
To apply to register a trademark in the United States and elsewhere, it is necessary to list the goods or services on which you either intend to use the mark or are currently using the mark. A list of acceptable goods and services may be found in the Nice Classification, an international classification of goods and services that is used for the registration of trademarks.
The following Nice classification classes are used to designate health products and services:
Health and Wellness Goods
Class 3. Personal care and beauty products, including skincare, shampoos, and cosmetics
Class 5. Nutrition and dietary supplements
Class 9. Software, including digital health apps, medical software, and other healthcare related software
Class 16. Printed publications used in the field of healthcare
Class 25. Fitness apparel, running shoes, gym bags
Class 28. Sporting equipment, including treadmills, exercise bikes, and aerobic gear
Class 29. dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; oils and fats for food.
Class 30. Coffee, tea; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; vinegar, sauces, condiments, and spices
Class 31. Raw and unprocessed grains and seeds; fresh fruits and vegetables
Class 32. Beverages, including health and energy beverages
Health and Wellness Services
Class 35. Business management in the field of health, hospital administration, mail order of pharmaceuticals
Class 36. Health insurance, long-term care insurance, pharmacy benefit management services
Class 41. Health education and training, including health marketing compliance training
Class 44. Healthcare services such as hospitals, home health, medical services, and urgent care
The above list is illustrative and non-comprehensive. Within each class, there are many goods and services that may be health and wellness related.
Recommendation: Prior to filing a health trademark application, a full trademark search should be conducted by a qualified trademark and marketing attorney. This should be part of an ongoing healthcare marketing compliance strategy. To learn how to get started, contact the author.