Understanding Trademark Classes: A Guide to Choosing the Right One for Your Business

When you’re starting or growing a business, protecting your brand is essential—and registering a trademark is a key part of that. But before you can register a trademark, you must make a crucial decision: which class or classes does your brand belong to?

Selecting the correct trademark class isn’t just a technical step. It defines the scope of legal protection your trademark will enjoy and ensures you can enforce your rights if someone tries to use your brand unfairly.

In this guide, you’ll learn what trademark classes are, why they matter, and how to choose the right one(s) for your business needs.

What Are Trademark Classes?

Trademark classes are part of a system used to organize trademarks based on the types of goods or services they cover. This system is called the Nice Classification, and it divides all goods and services into 45 classes—34 for goods and 11 for services.

Each class groups similar products or services together. When you register a trademark, you must indicate which class or classes your trademark applies to.

Why Are Classes Used?

Trademark classes help trademark offices, like the EUIPO (European Union Intellectual Property Office) or the USPTO (United States Patent and Trademark Office), manage and compare applications. They also help businesses:

Avoid conflicts with similar trademarks in unrelated industries
Understand the legal limits of their protection
Structure their registration strategy for current and future use

The Breakdown: Goods vs. Services

Classes 1–34: Products and Goods

These include physical products like:

Class 5 – Pharmaceuticals, dietary supplements
Class 9 – Electronics, apps, computer software
Class 16 – Paper goods, printed materials
Class 25 – Clothing and footwear

Classes 35–45: Services

These apply to business activities, such as:

Class 35 – Advertising and retail services
Class 38 – Telecommunications and streaming
Class 41 – Education, entertainment, training
Class 43 – Hospitality and food services

Why the Right Class Matters

Registering your trademark in the wrong class can leave you vulnerable. If someone else registers a similar name in the class you should have covered, you may have no legal ground to challenge them—even if it damages your business.

Key Benefits of Choosing Correct Classes:

Enforceable rights: You can prevent competitors from using similar marks within your business area.
Accurate coverage: Your registration protects only the goods/services listed under the chosen class(es).
Avoiding objections: A mismatch between your business and class can lead to delays or rejection.

How to Choose the Right Trademark Class

Here’s a structured approach to selecting the right class or classes for your brand:

Step 1: Define What You Sell

Make a clear list of what your business currently offers and what you might offer in the near future. Be as specific as possible.

Examples:

Fitness apparel → Class 25
Online coaching → Class 41
Supplements → Class 5
E-commerce services → Class 35

Step 2: Use Classification Tools

Most trademark offices provide free online tools to search for the appropriate class.

Tools to Explore:

Search by keywords and review suggested classes based on your offerings.

Step 3: Future-Proof Your Brand

Think beyond your current products. If you plan to offer courses, develop an app, or expand into other services later, consider registering those classes now. Adding new classes later requires a separate application.

Real-Life Example

Let’s say you’re launching a skincare line with a mobile app for personalized routines. Here’s how your trademark classes might break down:

Class 3 – Skincare products
Class 9 – Mobile app
Class 44 – Beauty consultation and wellness advice

Registering all three ensures complete coverage of your brand as it grows.

Common Mistakes to Avoid

❌ Registering in the Wrong Class

For example, software as a service (SaaS) should go under Class 42, not Class 9. Misclassifying your goods or services can lead to delays or refusals.

❌ Underestimating Future Plans

If you’re planning to sell merchandise in addition to your main service, but don’t register in Class 25, others might legally sell similar products under your brand name.

❌ Using Vague Descriptions

Trademark offices often reject applications with descriptions that are too broad. Avoid phrases like “all types of services” or “miscellaneous products.”

Do You Need Multiple Classes?

If your business spans multiple product or service types, you may need more than one class. Each additional class usually involves an added fee, but it’s worth it for broader protection.

Tip: Prioritize the core areas of your business first. You can always file for more classes later as your brand grows.

Costs and Fees by Class (EU Example)

When applying to the EUIPO, expect the following fees:

First class: €850
Second class: €50
Each additional class: €150

Be sure to budget accordingly if your brand spans several classes.

When to Get Expert Help

If you’re unsure which class best fits your offering—or if your services don’t fall neatly into one category—it’s wise to consult a trademark attorney or registration expert. They can help you:

Select appropriate classes
Avoid refusals and objections
Prepare a more accurate application

This is especially helpful if you're registering in multiple countries or planning international expansion.

Choosing the right trademark class is one of the most important steps in protecting your brand. It determines the legal “territory” in which your mark is enforceable and influences your ability to defend it.

By understanding how trademark classes work and using the available tools, you can make informed decisions that protect your brand today and in the future.