# POZEE — Trademark Filing Prep *A working reference to walk into a USPTO filing (or an attorney conversation) already knowing exactly what to register. Not legal advice — have a trademark attorney confirm classes and run a formal clearance before filing.* --- ## The clearance picture (why this is worth filing) Live "POZEE" marks in the U.S., as of your search: - **Zhejiang Puxi (China)** — Class **25**, footwear & apparel (boots, sandals, sneakers, socks, tracksuits). Unrelated field. - **ChuPozee** — Class **28**, toys. Different word, different field. Everything relevant to *your* space is dead: - **POZEE in Classes 9 & 42** (downloadable software + SaaS) — **CANCELLED (March 2025)**, formerly Pozee Pty Ltd (Australia). Their international (Madrid) registration expired the same month. **Takeaway:** the exact word "POZEE" was previously registered for software and SaaS — proving it's registrable in that lane — and that lane is now vacant. You want to plant your flag there before anyone else notices the gap. --- ## What to file **The mark:** `POZEE` as a **standard character word mark** (not a stylized logo). Standard-character protects the *word* itself in any font/style, which also means one POZEE registration covers **"Pozee Nonprofit," "Pozee Political," "Pozee Pet Adoption,"** etc. — the trailing words are descriptive of the field and don't need their own registrations. (Register a separate mark later only if a vertical gets its own distinctive, coined brand name.) **Filing basis:** **Section 1(b), intent-to-use**, since you're pre-launch. This plants the priority date now; once you're live and billing customers, you file a **Statement of Use** to complete registration. (If you're already using it in commerce, file 1(a) instead.) ### Class priority | Class | Decision | What it covers | |---|---|---| | **42** | **File — core** | Your SaaS platform: website building + workflow automation, delivered as software | | **9** | **File if you'll ship a downloadable/mobile app** | Downloadable software / mobile apps | | **35** | **Optional — only if you provide the *service*, not just the software** | Done-for-you advertising, marketing, business/e-commerce services | | 36 | Skip (for now) | Only if *you* become the payment/donation processor of record — but if Stripe is underneath and you're just the software, this stays in Class 42 | Filing 9 or 35 for something you won't actually offer wastes $350 and leaves the class vulnerable to cancellation for non-use. File only what you can back with real (or bona-fide intended) use. --- ## Class 42 — SaaS / platform (your anchor) Plain scope: you provide software-as-a-service that lets customers build and host websites and run automated, industry-specific workflows (visitor → application → payment). Search the ID Manual for and select entries matching: - Software as a service (SAAS) services featuring software for **creating, building, designing, customizing, hosting, and managing websites** - Software as a service (SAAS) services featuring software for **automating business workflows and business processes** - Software as a service (SAAS) services featuring software for **creating, distributing, and managing online forms, applications, surveys, and intake questionnaires** - Software as a service (SAAS) services featuring **customer relationship management (CRM) software** - Software as a service (SAAS) services featuring software for **scheduling appointments and managing events and registrations** - Software as a service (SAAS) services featuring software for **processing electronic payments and online donations** - Platform as a service (PAAS) featuring computer software platforms for **building industry-specific websites and automated workflows** - **Hosting of websites** / hosting the websites of others ## Class 9 — Downloadable software *(file if you'll have an app/desktop client)* - Downloadable computer software for **creating, building, and managing websites** - Downloadable computer software for **automating business workflows and processes** - Downloadable **mobile applications** for creating and managing websites, online forms, and automated workflows - Downloadable computer software for **customer relationship management (CRM)** If Pozee is purely browser-based with nothing to download, you can skip Class 9 — Class 42 already covers non-downloadable, hosted software. ## Class 35 — Business / advertising / e-commerce *(optional; only if you offer these as services)* The test: are *you* doing it for the customer (→ Class 35), or are you giving the customer software to do it themselves (→ Class 42)? If it's a feature of your platform, it belongs in 42, not here. File 35 only if you'll actually provide services such as: - **Advertising and marketing services** - **Promoting the goods, services, and charitable causes of others** - **Providing online business management** services in the field of workflow automation - **Email marketing services** / **search engine optimization** for sales promotion Most self-service SaaS companies at your stage file 42 (+9) and add 35 later if they build a managed-services or agency arm. Your attorney can look at your actual feature list and tell you which items are 42 software features vs. genuine 35 services. --- ## Cost math (per class, using ID-Manual descriptions) - Base application: **$350 / class** (using pre-approved ID Manual entries) - Custom "free-form" descriptions instead: **$550 / class** — avoid this by picking from the ID Manual - Intent-to-use adds later: **Statement of Use** (~$100/class) and any extension requests - Attorney (flat-fee filing): commonly a few hundred to ~$1,500 depending on scope Likely scenarios: - **Class 42 only:** $350 gov + attorney - **Classes 42 + 9:** $700 gov + attorney - **Classes 42 + 9 + 35:** $1,050 gov + attorney --- ## The one thing NOT to do Don't launch **Pozee-branded apparel** (hats, hoodies, socks, shoes) as a product line — that's literally Class 25, where the live Chinese mark sits, and it's the one place you'd invite a real conflict. Ordinary company swag is generally fine; a clothing *product* under the Pozee name is not. --- ## Next steps checklist 1. Confirm whether you'll ship a downloadable/mobile app → decides Class 9. 2. Confirm whether you'll offer any done-for-you marketing/business services → decides Class 35. 3. Have a trademark attorney run a formal clearance (sound-alikes + related goods) and confirm the Class 42 lane reads as clear given the footwear mark. 4. File **POZEE**, standard characters, **Section 1(b)**, in **Class 42** (+ 9 and/or 35 per steps 1–2), selecting goods/services from the **ID Manual** (idm-tmng.uspto.gov) to hold the $350/class rate. 5. File the **Statement of Use** once you launch and are using the mark in commerce.