Trademark offices worldwide use a systematic approach to categorize business names into specific groups called trademark classes. This system enables companies like “Delta Airlines” and “Delta Faucets” to use identical names while operating in completely different markets.
The modern classification framework consists of 45 distinct trademark classes — 34 for products and 11 for services. This helps businesses secure appropriate protection for their names and other brand assets, while creating clarity in the marketplace.
In this article, we’ll examine how these classes are structured, explore common categories with examples, guide you through selecting the right class for your business, and highlight pitfalls to avoid in your trademark protection strategy.
What is a Trademark Class?
Trademark classes are a systematic categorization framework used by the USPTO and other trademarking organizations to organize goods or services in trademark applications, determine appropriate registration fees, and facilitate efficient searching within databases of registered and pending trademarks.
These classes divide commerce into 45 categories —34 for goods and 11 for services. When filing, you select classes matching your products or services and pay fees accordingly. The system helps examiners search for conflicts and defines your protection boundaries.
For example, your coffee shop name registered in the restaurant class won’t prevent someone from using that name for bicycle parts, and a shampoo brand and a champagne bar can both be called Best Bubbles. Creating clear lanes for brand protection without monopolizing words across all industries.
The Structure of Trademark Classes
The trademark classification system is divided into two main groups: Classes 1-34 cover tangible items from industrial chemicals (Class 1) through clothing (Class 25) to tobacco products (Class 34). Classes 35-45 handle services, from advertising (Class 35) to restaurants (Class 43) and personal services (Class 45).
Each class contains subclasses and specifications. Class 25 (Clothing), for instance, breaks down into footwear, headwear, and specific garment types, helping examiners compare similar products precisely.
To find your correct class, identify exactly what you’re selling. A coffee company might need multiple classes: Class 30 for beans, Class 35 for retail, and Class 43 for cafes. The USPTO’s ID Manual can guide your selection, or you can check competitors’ classifications. When in doubt, consulting a trademark attorney prevents incorrect classifications that could delay your application.
Common Trademark Classes and Examples
Class 25 (Clothing) ranks among the busiest trademark categories, with Adidas’s three stripes protected for everything from sneakers to sweatbands. Class 9 has surged in popularity, covering software, electronics, and apps, where Apple maintains extensive registrations.
Service businesses cluster in Class 35 (Advertising and Business) and Class 42 (Scientific Services). Amazon dominates Class 35 for retail, while Google’s search services fall under Class 42.
Industries follow predictable patterns. Food companies typically register in Classes 29 (Processed Foods), 30 (Coffee, Bread), and 32 (Non-alcoholic Beverages). Starbucks holds registrations across these to protect its various products.
Many businesses need multiple classes. Pharmaceutical companies register in both Class 5 (Pharmaceuticals) and Class 42 (Research). Tech giants file across Classes 9, 35, 38, and 42. McDonald’s maintains registrations in Class 43 (Restaurants), Class 30 (menu items), and Class 28 (toys). When your brand spans categories, concurrent registration creates comprehensive protection.
Selecting the Right Trademark Class
Choosing the correct trademark class directly impacts your brand’s protection. The USPTO won’t fix your class selection mistakes, potentially leaving critical gaps in coverage. A coffee roaster registering only in Class 30 for their branded coffee beans would have no protection when opening cafés without additional registration in Class 43.
Filing in the wrong class can be costly. Your application might be rejected after months when an examiner determines that your goods don’t match your chosen class. Or worse, you might receive approval in an incorrect class, only discovering the problem when trying to enforce your rights.
Multi-class applications allow filing for several categories with one form, streamlining the process compared to separate applications. Each class still undergoes independent review, so issues in one class won’t necessarily affect others.
Cost is a major factor in class selection. At the time of publishing, the USPTO charges around $350 per class, so a five-class application costs around $1,750 in government fees alone. Businesses must balance comprehensive protection against budget constraints. While limiting classes saves money, strategic coverage of core offerings and planned expansions provides the most valuable protection.
Common Mistakes and Pitfalls in Class Selection
Navigating trademark classes might seem straightforward, but applicants can stumble into expensive mistakes that compromise their brand protection. Here are the most common pitfalls to avoid when selecting trademark classes for your business:
- Selecting too few classes:
Many businesses underestimate their trademark needs. A skincare company might register only in Class 3 for cosmetics, but forget Class 35 for their online store. This leaves gaps that competitors can exploit when your company expands into new product lines or distribution channels. Smart businesses anticipate their five-year expansion path and secure those classes early.
- Filing in too many classes:
This wastes money and complicates applications. The “kitchen sink” approach increases filing fees and can trigger unnecessary office actions if examiners question your intent to use the mark across all categories. Each additional class also introduces more potential conflicts with existing marks.
- Misidentifying the appropriate class:
This happens frequently with products that could fit multiple categories. Smartphone apps primarily belong in Class 9 (computer-related products), but Class 42 provides additional protection for software services. Plant-based meat alternatives should file in Class 30 for foods of plant origin, not Class 29 for real meat products. These seemingly minor distinctions can lead to rejected applications or inadequate protection.
- Overlooking class-specific challenges:
Not all trademark classes are created equal, and Class 35 requires particularly specific descriptions while Class 9 has become extremely crowded. International filings face varying subclass systems across countries. Medical products in Classes 5 and 10 often face heightened scrutiny and may require regulatory approvals before registration can proceed.
Wrapping Up
Selecting the right trademark classes creates a foundation for your brand’s long-term security. The choices you make now impact your protection against competitors and your ability to expand without legal conflicts in the future. Before finalizing your trademark application, double-check your class selections with professional guidance. Getting it wrong costs far more than getting it right the first time.
Want to skip the guesswork? Our Trademark Research spots potential conflicts before you file and save you from expensive application mistakes. Click here to schedule your comprehensive trademark class analysis and start your registration journey with confidence.
