A trademark is only protected in the classes you register it under. File in the wrong class, or leave one out, and a competitor can use the same name on goods or services you never covered.
What a trademark class is
The USPTO groups every product and service into 45 international classes: 1 through 34 for goods, 35 through 45 for services. This system comes from the 1957 Nice Agreement. The USPTO adopted it in 1973, and most of the world uses the same numbering today.
Registration protects a mark only within the class or classes listed on the application. A company registering "GENERIC" for clothing (Class 25) gets no rights over "GENERIC" for canned foods (Class 29). Each class filed adds a separate USPTO fee, so the goal is to cover what you actually sell, not to buy up unrelated classes.
Goods classes (1-34)
- Class 1 - Chemicals for industry, science, and agriculture
- Class 2 - Paints, varnishes, and coloring
- Class 3 - Cosmetics, cleaning products, and toiletries
- Class 4 - Industrial oils, greases, and fuels
- Class 5 - Pharmaceuticals, supplements, and medical products
- Class 6 - Common metals and metal hardware
- Class 7 - Machines and machine tools
- Class 8 - Hand tools and cutlery
- Class 9 - Software, apps, electronics, and scientific devices
- Class 10 - Medical and surgical instruments
- Class 11 - Lighting, heating, and cooking appliances
- Class 12 - Vehicles
- Class 13 - Firearms and fireworks
- Class 14 - Jewelry and precious metals
- Class 15 - Musical instruments
- Class 16 - Paper goods and printed matter
- Class 17 - Rubber, plastic, and insulating materials
- Class 18 - Leather goods, bags, and luggage
- Class 19 - Non-metallic building materials
- Class 20 - Furniture
- Class 21 - Kitchenware and household goods
- Class 22 - Ropes, nets, and textile fibers
- Class 23 - Yarns and threads
- Class 24 - Fabrics and textiles
- Class 25 - Clothing and footwear
- Class 26 - Lace, ribbons, and buttons
- Class 27 - Carpets and floor coverings
- Class 28 - Toys and games
- Class 29 - Prepared meat, dairy, and produce
- Class 30 - Coffee, tea, bakery, and snack foods
- Class 31 - Fresh produce, grains, and live plants
- Class 32 - Non-alcoholic beverages
- Class 33 - Wine and spirits
- Class 34 - Tobacco and smokers' articles
Service classes (35-45)
- Class 35 - Retail, advertising, and business services
- Class 36 - Insurance and financial services
- Class 37 - Construction and repair services
- Class 38 - Telecommunications
- Class 39 - Transport and travel services
- Class 40 - Material treatment services
- Class 41 - Education, training, and entertainment
- Class 42 - Software as a service and technology services
- Class 43 - Restaurant, bar, and catering services
- Class 44 - Salon, spa, and medical services
- Class 45 - Legal, security, and personal services
How to choose
Pick every class where you actually sell goods or provide services under the mark, at the time you file. A clothing brand that also runs an online store lists Class 25 for the apparel and Class 35 for the retail service, not just one or the other.
Do not file in a class to "reserve" future plans. The USPTO can refuse or later cancel a registration in a class where the goods or services were never actually offered.
If you are unsure which class fits, the USPTO's own Trademark ID Manual lists the exact, pre-approved wording for goods and services in every class. The application should use that exact language, not a paraphrase.
If you have questions about which classes your application needs, the trademark attorneys at Sari Law Firm can review your goods and services and confirm the right classes before you file. Start with our trademark questionnaire to get a fee estimate, or contact us directly.
