How to File Trademark Applications For Social Media Related Services

In 2011, some of the most frequently used terms in trademark applications were “social”, “book”, “network” and “mobile.” This trend at the USPTO reflects the proliferation of social media related services in the marketplace. So how does one file to protect a trademark for social media related services?

To file for trademark registration, the applicant must identify a class of services and provide a specific recitation of services. Note that when filing a trademark application for social media services, the services must be rendered “for others”.
Below is a list of some of the more popular classes in which to file a social media application.

Class 35 covers services related to the sale and marketing of goods and services. These trademarks might cover advertising and marketing services provided by social media:
• Social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions
• Providing a website where users can post ratings, reviews, and recommendations on products and services

Class 38 is for telecommunications. This class would cover microblogging sites such as Twitter. Descriptions might include:
• Providing online chat rooms for social networking
• Global communication services, namely, providing online forums and electronic messaging in the fields of social networking and microblogging and delivered over and via the global computer and wireless networks, including but not limited to the Internet and mobile phones

Class 41 includes education and entertainment related services in a specified field. Blogs and online journals about certain subjects would be classified here. Examples would be
• On-line journals, namely, blogs featuring {indicate field or subject matter}
• Providing a website featuring online publications in the nature of blogs and articles added on a weekly or other frequent periodic basis in the fields of [Insert field]

Class 42 is one of several tech classes at the USPTO, covering the design and development of computer hardware and software. Social media measuring tools belong in this class as do any technical, programming, or computer services related to social media.
• Creating and maintaining blogs for others
• On-line computer search engine services providing customized on-line web pages featuring user-defined information

Class 45 encompasses personal and social services in any field rendered by others to meet the needs of individuals.
Examples:
• Community outreach services provided to pregnant women, namely, on-line social networking services
• Online social networking services provided through a sports community website
• Online social networking in the field of food

If you are considering filing a trademark to cover social media related services, it is important to consult with trademark counsel to develop the appropriate classification and recitation of goods/services. Appropriate planning will help to avoid additional expense. In addition, strategy should also include developing best practices for use of your trademarks in social media by your employees and third party representatives.