Learn how trademark classes categorize goods and services, why they matter, and how to choose the right one to protect your brand.
scroll for more
Starts at $0 + state fees and only takes 5-10 minutes
If you’re applying for a trademark, understanding trademark classes is an important first step. Trademark classes categorize goods and services into different groups, helping businesses protect their brands while avoiding conflicts with similar names in unrelated industries.
The Nice Classification (NCL) system organizes trademarks into 45 different classes, with classes 1 to 34 covering goods and classes 35 to 45 covering services. Each category is assigned a number from 1 to 45, which is referred to as an international class, emphasizing its importance in the trademark application process. Choosing the correct class is critical because it defines the scope of your trademark protection and helps determine whether similar trademarks can coexist.
The classification system is used internationally, meaning businesses that expand beyond the United States may benefit from already having their trademark classified under the globally recognized Nice Classification system. This system simplifies the registration process in other countries, as many foreign trademark offices use the same structure to classify marks. However, registering a trademark in the U.S. does not automatically grant protection in other countries. If you plan to expand internationally, you may need to file separate applications in each country or use an international treaty like the Madrid Protocol to streamline the process.
Trademark classes define where and how your trademark is protected. They determine:
Additionally, trademark classes can encompass various aspects of business management, including services related to advertising, organization, and administrative functions.
The airline company Delta Air Lines owns trademarks in class 39 for transportation and travel-related services. Meanwhile, Delta Faucet holds trademarks in class 11 for plumbing fixtures and water systems. Because they operate in different trademark classes, both companies can legally exist under the same name without infringing on each other’s trademarks.
Trademark classes are divided into two main categories: goods (classes 1-34) and services (classes 35-45). You can find a detailed list on the USPTO website, but below is a quick breakdown:
Understanding these classifications is crucial, especially when dealing with international classes under the Nice Agreement, as different countries may have varying standards for trademark classes.
Picking the correct trademark class is crucial because an incorrect selection may lead to a rejected application or limit your protection. Follow these steps to identify the right class:
It’s also important to consider how your trademark might evolve over time. Businesses that start in one industry often branch into others. For instance, a company that begins by selling fitness clothing (class 25) might later develop a workout app (class 9) or open a gym franchise (class 41). If you only file for one class initially, you might face difficulties protecting your brand if another company registers a similar name in a different industry before you expand.
Yes, a single trademark can be registered under multiple classes if your business covers different goods and services.
For example, Nike holds trademarks in:
Because multi-class applications increase costs, businesses need to balance the advantages of broad protection against the extra fees. A strategic approach might involve registering only the most relevant classes at first and filing for additional classes later as the business expands.
Coordinated classes are groups of trademark classes that are closely related to each other. These classes help identify potential conflicts between trademarks, helping ensure that your trademark is unique and doesn’t infringe on existing ones. By searching coordinated classes, business owners can better navigate the trademark landscape and avoid legal issues. The USPTO provides a list of coordinated classes for each trademark class, which can be used to narrow down search results and identify potential conflicts. This proactive approach can save time and resources, making the trademark registration process smoother and more efficient.
Before filing, it’s smart to search existing trademarks to avoid conflicts. Here’s how:
International trademark registration allows business owners to protect their trademarks in multiple countries. The Madrid Protocol is an international treaty that simplifies this process. By filing a single application with the International Bureau of the World Intellectual Property Organization (WIPO), U.S. trademark owners can seek protection in over 131 countries. The WIPO forwards the application to the respective trademark offices, where it is reviewed according to each country’s regulations. While the approval of the application is up to each individual trademark office, the Madrid Protocol streamlines the process, making it easier for businesses to secure international trademark protection.
Now that you understand trademark classes, it’s time to take action:
Protecting your brand is an important step toward long-term business success. If you’re planning to register a trademark, researching trademark classes will help you get it right the first time.
While ZenBusiness doesn’t handle trademark filings at this time, its services, such as our registered agent service and annual report filing, can free up your time to focus on the trademark process. If you’re just starting out, we can help form your LLC starting at $0. Let us help you establish a solid foundation for your business.
How many U.S. trademark classes are there?
There are 45 trademark classes under the Nice Classification (NCL) system, with 34 for goods and 11 for services.
How much does it cost to add a class to a trademark?
The USPTO charges $350 per class when filing a trademark application. Each additional class requires a separate filing fee. Learn more about trademark costs.
What is class 25 in trademarks?
Class 25 covers clothing, footwear, and headwear. If your business sells apparel, you’ll likely file under this class.
What is class 40 in trademarks?
Class 40 includes manufacturing and production services, such as custom fabrication, material treatment, and assembly services.
What is the difference between class 25 and class 35 in trademarks?
Class 25 covers products like clothing, footwear, and headwear. Class 35 covers services like advertising, business management, organization and administration, and office functions.
Understanding trademark classes helps you protect your brand while making sure your trademark application is correctly filed. If you’re unsure which class to choose, consider consulting a trademark professional before submitting your application.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 800,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
Start an LLC in Your State
When it comes to compliance, costs, and other factors, these are popular states for forming an LLC.
Ready to Start Your LLC?
Form Your New LLC