Protect your brand with smart trademark protection strategies - enforcing a trademark through takedowns, cease-and-desist letters, evidence collection, and legal action.
Trademark Classes: Classification & List of 45 Categories
Written by Adrian Torres ·
Trademark protection only covers specific goods and services listed in your application. For this, the USPTO uses a system of 45 trademark classes to organize registered trademarks. If you pick the wrong class, your application could get rejected, or worse, leave core parts of your business unprotected. International filings use the same system, only through the Nice Classification.
How the Trademark Class System Works
When you file a trademark application with the USPTO, you’re not protecting your brand everywhere and for everything. You’re protecting it within specifically defined classes that describe exactly what goods or services your mark covers. A trademark registered in one class provides no legal protection in a different class, essentially allowing two brands to coexist with the same name and in different industries.
The USPTO technically uses the Nice Classification system, an internationally standardized trademark classification framework maintained by the World Intellectual Property Organization (WIPO). It divides all possible goods and services into 45 numbered trademark classes, where classes 1 through 34 cover goods, and classes 35 through 45 cover services.
Trademark classes for goods cover physical products you manufacture or sell. A class for services covers activities you perform for others, for example, a coffee roaster selling bags of coffee registers under Class 30 (staple foods). The same company running a coffee shop registers under Class 43 (hotels and restaurants). Both classes may be needed to fully protect the brand.
These classes matter because they can distinguish whether something is actually infringing on a trademark or whether two brands can coexist with similar names. Courts and the USPTO evaluate whether two marks are similar only if they’re used in the same trademark class.
How to Use the 45-Class List to Pick the Right Class Quickly
The fastest way to narrow down your trademark categories is to draw a hard line between goods and services. If customers are buying a physical object from you, you’re in the goods classes (1–34). If customers are paying you to do or provide something (consult, teach, repair, transport, host), you’re in the services classes (35–45).
However, many businesses end up in both categories. Specifically, registering in multiple classes gives you much broader protection, especially if you plan to expand your services or have multiple related products.
The easiest way to determine your class is to think about the category of the product or service, not its end use. Software sold as a product is Class 9, regardless of what the actual software does. Software delivered as a subscription service is Class 42. The distinction, detailed in the following trademark classification list, is how it’s delivered, not what it’s for.
Trademark Classes for Goods (Classes 1–34)
|
Class |
Name |
What It Covers (examples) |
|
1 |
Chemical Products |
Industrial chemicals, adhesives, fertilizers, photographic chemicals |
|
2 |
Paints and Coatings |
Paints, varnishes, lacquers, rust-proofing products, dyes, wood stains |
|
3 |
Cosmetics and Cleaning Products |
Perfumes, soaps, shampoos, toothpaste, makeup, laundry detergents |
|
4 |
Lubricants and Fuels |
Oils, greases, engine fuels, candles, waxes, industrial lubricants |
|
5 |
Pharmaceuticals and Health Products |
Medicines, dietary supplements, vitamins, medical cannabis, disinfectants |
|
6 |
Metal Goods |
Common metals, hardware, metal building materials, safes, cables, pipes |
|
7 |
Machinery and Engines |
Motors, machine tools, agricultural machines, 3D printers, power tools |
|
8 |
Hand Tools and Cutlery |
Knives, forks, razors, scissors, hand-operated garden tools |
|
9 |
Electronics, Software, and Scientific Apparatus |
Computers, smartphones, software, downloadable apps, headphones, cameras, batteries |
|
10 |
Medical Devices and Instruments |
Surgical instruments, prosthetics, dental equipment, therapeutic devices |
|
11 |
Lighting, Heating, and Environmental Control |
Light fixtures, HVAC systems, water purification, ovens, refrigerators |
|
12 |
Vehicles and Transportation Apparatus |
Cars, motorcycles, bicycles, boats, aircraft, vehicle parts |
|
13 |
Firearms and Ammunition |
Guns, rifles, ammunition, fireworks, explosives |
|
14 |
Jewelry, Watches, and Precious Metals |
Rings, necklaces, watches, clocks, precious stones, gold and silver goods |
|
15 |
Musical Instruments |
Guitars, pianos, drums, electronic instruments, instrument accessories |
|
16 |
Paper, Print, and Stationery |
Books, magazines, printed matter, stationery, pens, office supplies |
|
17 |
Rubber, Plastics, and Insulation Materials |
Rubber goods, plastic films, gaskets, hoses, insulating materials |
|
18 |
Leather Goods and Bags |
Handbags, wallets, luggage, backpacks, leather accessories, umbrellas |
|
19 |
Non-Metallic Building Materials |
Bricks, concrete, glass for construction, tiles, asphalt, timber |
|
20 |
Furniture and Home Décor |
Chairs, tables, beds, mirrors, picture frames, plastic containers |
|
21 |
Housewares, Kitchen Items, and Glassware |
Cookware, dishes, glasses, brushes, cleaning tools, small kitchen appliances |
|
22 |
Ropes, Cordage, and Fibers |
Ropes, twine, nets, awnings, tents, sacks, raw fibrous materials |
|
23 |
Yarns and Threads |
Yarns for textile use, threads for sewing and embroidery |
|
24 |
Fabrics and Textiles |
Woven and knitted fabrics, bed linen, tablecloths, textile wall hangings |
|
25 |
Clothing, Footwear, and Headwear |
Shirts, shoes, hats, sportswear, underwear, belts, socks |
|
26 |
Trimmings, Lace, and Embroidery |
Buttons, zippers, ribbons, lace, embroidery patches, hair accessories |
|
27 |
Floor Coverings and Rugs |
Carpets, rugs, mats, linoleum, artificial turf, wallpaper |
|
28 |
Toys, Games, and Sporting Equipment |
Board games, video game controllers, sports balls, fitness equipment, dolls |
|
29 |
Meat and Processed Food Products |
Meat, fish, dairy, eggs, preserved fruits and vegetables, oils for food |
|
30 |
Staple Foods and Seasonings |
Coffee, tea, flour, bread, pasta, rice, sugar, spices, sauces, ice cream |
|
31 |
Natural Agricultural and Horticultural Products |
Fresh fruits, vegetables, live animals, seeds, flowers, animal feed |
|
32 |
Non-Alcoholic Beverages and Beer |
Water, juices, sodas, energy drinks, beer, non-alcoholic cocktails |
|
33 |
Wines, Spirits, and Alcoholic Drinks |
Wine, whiskey, vodka, gin, rum, liqueurs (except beer) |
|
34 |
Tobacco and Smoker’s Articles |
Cigarettes, cigars, e-cigarettes, tobacco, lighters, ashtrays |
Class 9 is the broadest and the most common since it covers software, apps, electronics, and pretty much any form of downloadable content. If your business touches technology in any form, Class 9 almost certainly applies.
Trademark Classes for Services (Classes 35–45)
|
Class |
Name |
What It Covers (examples) |
|
35 |
Advertising, Business, and Retail Services |
Online retail stores, marketing agencies, business consulting, PR services, data management |
|
36 |
Insurance and Financial Services |
Banking, insurance, real estate, investment services, currency exchange |
|
37 |
Construction, Repair, and Installation Services |
Building construction, home renovation, electrical installation, plumbing, painting |
|
38 |
Telecommunications and Communication Services |
Internet services, phone services, broadcasting, messaging platforms, satellite services |
|
39 |
Transportation and Storage Services |
Freight shipping, courier delivery, warehousing, travel agencies, logistics |
|
40 |
Material Treatment and Processing Services |
Custom manufacturing, printing services, recycling, food processing, metalworking |
|
41 |
Education and Entertainment Services |
Online courses, tutoring, sports coaching, music production, event organization, streaming |
|
42 |
Technology, Software, and Scientific Services |
SaaS platforms, web development, IT consulting, cloud computing, cybersecurity |
|
43 |
Food, Beverage, and Hospitality Services |
Restaurants, cafés, catering, hotels, vacation rentals, bar services |
|
44 |
Medical, Beauty, and Agricultural Services |
Medical clinics, dentistry, spas, salons, veterinary services, landscaping |
|
45 |
Legal, Personal, and Social Services |
Legal services, security services, online dating platforms, funeral services, concierge |
Class 35 is the most commonly filed services class because it covers advertising, business management, and any retail services. Any business operating an online or physical store should consider Class 35, even if its primary class is in the goods section.
How to Find the Right Trademark Class for Your Business
The USPTO’s Trademark ID Manual (TMNG) is the official database of accepted identifications of goods and services. You can search by keyword, and the manual returns approved descriptions along with their class assignments. If the exact wording of your goods or services description appears in the ID Manual with a class number, that’s what you use in your application. Deviating from the accepted language only increases your chances of the application getting rejected.
If you want a more detailed search that avoids coexisting marks, use the USPTO’s coordinated class option, which narrows classes to the most commonly grouped trademarks (for example, clothing brands often apply for the retail service but also for leather goods or jewelry).
Alternatively, Protect.TM’s Class Finder Tool allows you to search by plain-language description of what your business sells or does and maps the result directly to the relevant USPTO classes. It’s faster than browsing the ID Manual and is designed for business owners rather than attorneys.
In some cases, you’ll need multiple class filings. This can happen if your brand covers goods and services in genuinely different categories. Note that in this case, each additional class requires a separate filing fee, so only file in classes where you are actively using the mark or have a genuine intent to use it.
Search Before You File (Reduce Conflict Risk)
Choosing the right class also means checking whether anyone else already holds a registered trademark in that class that could conflict with yours. The USPTO examines applications for the likelihood of confusion with existing registrations in the same or related classes. A conflict discovered after you’ve paid your filing fee means a rejection, lost money, and starting over.
Pay particular attention to marks that sound similar, have similar visual elements, or cover closely related goods or services. You don’t need to find an identical match to have a problem, as a mark that is confusingly similar to yours in the same class is enough for rejection. For a thorough breakdown of how the search process works, see our commonly asked questions on trademark registration.
Note that the USPTO uses a separate system named Design Search Codes to categorize logos and figurative marks. If you’re registering a logo rather than a word mark, your trademark application will reference a class (for goods or services) and then get assigned a design code. If your brand identity relies on a distinctive logo, you’ll likely need a Comprehensive Trademark Study to assess both the word and design dimensions before filing.
What Happens When You Pick the Wrong Trademark Class
If the USPTO determines your identification of goods or services doesn’t match the class you filed in, you’ll receive an office action requiring you to amend the description or refile in the correct class. In some cases, the application won’t be able to be corrected and must be abandoned, meaning you lose the application fee and your priority date. You then restart the process and pay again. This is the single most expensive and time-consuming trademark registration mistake first-time filers make.
Filing in the wrong class can also result in a technically valid registration that doesn’t actually protect your core business. If you registered your software brand in Class 42 (software services) but forgot Class 9 (software as a product), a competitor could register a mark for the product version and have a legitimate claim. Every class gap is a potential opening for a copycat.
When in doubt, consult a trademark attorney to check for all applicable classes that your business might transact in.
The Nice Classification: How US Classes Connect to Global Registration
The Nice Classification (officially the Nice Agreement Concerning the International Classification of Goods and Services) is the treaty that created a uniform trademark classification system used by over 150 countries. WIPO administers the system and updates it in periodic editions. Because the USPTO adopted the Nice system, the class numbers you file under in the U.S. are the same class numbers used in the EU, UK, Canada, Australia, Japan, and most other major markets, streamlining the process from switching between national vs. international trademark registration.
In that case, the U.S. trademark registration can be used as the base for international applications through the Madrid Protocol. You file one international trademark application through WIPO’s Madrid System, designating the countries where you want protection, using the same classes as your U.S. registration.
This significantly reduces the cost and complexity of international brand protection compared to filing separately in each country.
Trademark Class Costs: Filing Fees Per Class Explained
The USPTO charges a filing fee per class per application. The base cost is $350 per application, per class, which gets increased to $600 for WIPO. (Always verify current fees on the official fees page before filing, as these are subject to change.)
This per-class structure means the cost of your trademark registration scales directly with the number of classes you file in. For example, a three-class filing costs $1,050. Additionally, an international filing through the Madrid System tacks on a base fee plus per-class designation fees for each country.
Can Two Brands Share the Same Name in Different Classes?
Yes, and that happens more often than most business owners realize. Two different companies can legally hold the same or similar trademarks in different classes as long as there’s no likelihood of confusion for consumers.
For example, “Apple” is used for the software company (and accompanying hardware), but also in “Apple Records,” a music production company in the UK founded by The Beatles.
The main determinant of whether brands can coexist is the likelihood of confusion test, which considers whether the overall commercial impression of two marks is similar enough to confuse consumers about the source of the goods or services. Even marks in different classes can conflict if the goods or services are closely related or if the marks are nearly identical. The USPTO and courts look at the similarity of the marks, the relatedness of the goods or services, the strength of the marks, and evidence of actual consumer confusion.
This is why a comprehensive search before filing matters so much.
Not sure which trademark class fits your business?
Use the Protect.TM Class Finder Tool to identify the right category in minutes — then start your trademark registration with confidence.
FAQs
What trademark class should I choose for my business?
Identify which goods classes describes your product category for products and which services class apply to you, using the “How to Find the Right Trademark Class” section. Then cross-reference your description against the USPTO’s Trademark ID Manual to confirm the accepted language.
Can I file one trademark in multiple classes?
A single trademark application can cover multiple classes, with a separate filing fee charged for each class.
What happens if I pick the wrong trademark class on my USPTO application?
The USPTO will issue an office action requiring you to correct or clarify your identification of goods and services. Depending on the error, you may be able to amend the description within the same class, but you can’t switch to a different class after filing without abandoning the application and refilling.
Can two companies have the same trademark name in different classes?
Yes, provided there is no likelihood of confusion between the two brands. Two companies can legally use the same name in clearly unrelated classes, but if the classes are adjacent or the marks are nearly identical, the USPTO or courts may still find a conflict.
How do I find the correct USPTO identification of goods and services description?
Search the USPTO’s Trademark ID Manual (TMNG) by entering keywords that describe your goods or services. The system returns pre-approved descriptions with their corresponding class numbers.