Right classes for a Community Mark?

[MisterMusty]

I just applied for a CTM (Community Trademark) online and am not sure whether the classes I applied for were the best choice after my lawyer (not an IP specialist) suggested alternatives.

The business is a social network that integrates social shopping function. It will be used, among other things, to share product recommendations between friends, to buy products directly on the site and we will also provide a service to clients whereby they access the social data showing what kinds of people are sharing their products and which products specifically.

Therefore I chose the following 3 classes:
- Class 35 - as this covers all services related to retail etc. (this one felt like an obvious choice)
- Class 25 - covering sale of clothing, headgear and footwear (to cover any direct sales we will make through the site)
- Class 38 - telecommunications including chat & messaging services (to cover the fact that people will be sharing products and messaging each other etc)

I felt that those 3 covered my core functionality and sources of revenue.

However my lawyer wondered suggested I should have gone for Class 35 (which I did) but also
Class 9 (software), and Class 42 (software design/development). He clearly thinks that because mine is an online platform, a software relevant Class is appropriate. And I can see his point.

What I'd like some help with is, should the choice of classes focus more on what services I will be delivering to the end user (social networking, messaging, clothing sales and provision of business information) as my choice of classes assumed, or on the means by which I provide my services (ie via a software platform) which would suggest my lawyer's choices were better?

And on top of that, is it possible for me to add further classes to my application once it has been submitted?

Any help would be greatly appreciated.
Thanks

 

[ethical PR]

Why not use a lawyer who is a trademark specialist?

 

[LawHound]

Those advising you should be asked now to explain their advice to you as being the best for your business application - not just the platform but its purpose. The whole aim of any mark is to protect your business so its normally the wider use of of classes to reflect purpose and aims which is recommended. Given its 150 Euros for each additional class above the 3 in the main fee for the community mark, are you saying your lawyer advised you only to go for 3 and not all applicable?

Once you have the explanation from the lawyer I would take some specialist advice on your options. You cannot add classes once the application is filed to the same application but there are other applications to be made for protection - all more money than the addition of classes fees at the start.