If you’re considering registering a trademark, one of the most important steps in the process is properly identifying the class—or classes—of goods or services your mark will cover. The U.S. Patent and Trademark Office (USPTO) organizes trademarks into 45 different classes, and each application must specify the relevant ones.
But here’s the good news: you don’t need to figure that out on your own.
Choosing the right trademark classes is a legal and strategic decision that your trademark and business attorney will handle as part of the application process. At our firm, we work closely with clients to understand how their brand is used (or will be used) in the marketplace and ensure that the application reflects the full scope of their business activities.
In this post, we’ll give you an overview of how the classification system works, what it means for your trademark rights, and how attorneys use it to build strong, enforceable protection for your brand.
What Are Trademark Classes?
Trademark classes are part of an international system called the Nice Classification, which divides goods and services into 45 categories—34 for goods and 11 for services. When a trademark application is filed, the USPTO requires the applicant to list each class that applies to the products or services being offered under the mark.
This system helps organize trademark records and avoids conflicts between unrelated businesses. For example, two companies could use similar names in different industries without legal conflict, as long as they operate in different classes and don’t pose a likelihood of consumer confusion.
Why Trademark Classes Matter
Understanding and selecting the correct class (or classes) is essential for several reasons:
- Defining Your Protection: Your trademark rights extend only to the specific classes you register. That means if someone uses a similar mark in an unrelated class, you may have no grounds to stop them—unless your mark is considered famous.
- Avoiding USPTO Rejection: If a mark is filed in the wrong class or poorly described, the USPTO may issue an Office Action, delaying the process and increasing your legal costs.
- Controlling Costs: The USPTO charges a filing fee per class. A good attorney will help strike the right balance between maximizing protection and minimizing unnecessary expenses.
Overview of the 45 USPTO Classes
Here’s a general breakdown of the trademark classes, divided into goods and services. Your attorney will determine which of these apply based on your business activities.
Goods (Classes 1–34)
- Chemicals
- Paints and Coatings
- Cleaning Products
- Industrial Oils and Fuels
- Pharmaceuticals
- Metal Goods
- Machinery
- Hand Tools
- Electronics and Downloadable Software
- Medical Devices
- Environmental Controls (e.g., lighting, HVAC)
- Vehicles and Parts
- Firearms
- Jewelry
- Musical Instruments
- Printed Materials and Stationery
- Rubber and Plastics
- Leather Goods
- Building Materials (Non-metal)
- Furniture
- Housewares
- Ropes and Fibers
- Yarns and Threads
- Fabrics and Textiles
- Clothing and Footwear
- Lace, Embroidery, and Notions
- Carpets and Rugs
- Toys and Sporting Goods
- Meat, Fish, Dairy, and Processed Foods
- Staple Foods (e.g., baked goods, coffee, spices)
- Raw Agricultural Products
- Non-Alcoholic Beverages
- Alcoholic Beverages
- Tobacco Products & Smokers’ Articles (lighters, ashtrays, etc.)
Services (Classes 35–45)
- Advertising and Business Services
- Financial and Insurance Services
- Construction and Repair Services
- Telecommunications
- Transportation and Storage
- Treatment of Materials (e.g., custom manufacturing)
- Education and Entertainment
- Technology and Software Services
- Hospitality and Restaurant Services
- Medical and Beauty Services
- Legal and Social Services
One Brand, Multiple Classes
Many businesses fall into more than one class. For example:
- A skincare brand might file in:
- Class 3 (cosmetics),
- Class 35 (online retail store), and
- Class 44 (cosmetic treatment services).
- A tech company might file in:
- Class 9 (software),
- Class 42 (software-as-a-service), and
- Class 38 (communications or data transmission).
Your attorney will help identify all relevant classes to ensure your protection matches the reality of your brand’s use.
We Handle the Classifications—So You Can Focus on Your Brand
At the end of the day, you don’t need to become an expert in trademark law. That’s our job.
When we file a trademark application, we start by learning about your business—what you do now, what you plan to do in the future, and how your brand interacts with customers. From there, we handle the classification, prepare the application, and manage correspondence with the USPTO.
It’s not just about getting a registration—it’s about building a trademark that stands up to challenges and supports your long-term growth.
Thinking About Filing a Trademark?
Let’s talk. Whether you’re just launching or expanding your business, we’ll guide you through the trademark process with clarity and strategy. Contact our firm today to schedule a consultation.