What Are Trademark Classes?
Every trademark application has to specify exactly what goods or services the mark will be used on — you can't register a name in the abstract. The USPTO uses an international system called the Nice Classification to organize every type of product and service into 45 numbered buckets, called classes.
A trademark registration only protects the mark within the classes listed on the application. Two unrelated businesses can hold the identical trademark if they operate in different classes and there's no likelihood of confusion — which is exactly why choosing the right class isn't a formality. It defines the actual boundary of your legal protection.
All 45 Trademark Classes at a Glance
Here's the full list. Most businesses only ever need to look closely at two or three of these.
| Class | Covers |
|---|---|
| 1 | Industrial chemicals, adhesives, fertilizers |
| 2 | Paints, varnishes, coatings, dyes |
| 3 | Cosmetics, cleaning products, soaps |
| 4 | Industrial oils, lubricants, fuels, candles |
| 5 | Pharmaceuticals, supplements, medical products |
| 6 | Common metals, metal hardware and building materials |
| 7 | Machines and machine tools |
| 8 | Hand tools and implements |
| 9 | Software, apps, electronics, downloadable content |
| 10 | Medical and surgical instruments and devices |
| 11 | Lighting, heating, cooking, and refrigeration equipment |
| 12 | Vehicles and vehicle parts |
| 13 | Firearms and fireworks |
| 14 | Jewelry, watches, and precious metals |
| 15 | Musical instruments |
| 16 | Paper goods, printed matter, office supplies |
| 17 | Rubber, plastics, and insulating materials |
| 18 | Leather goods, bags, and luggage |
| 19 | Non-metallic building materials |
| 20 | Furniture and furnishings |
| 21 | Household and kitchen utensils, glassware |
| 22 | Ropes, nets, tents, and raw fibers |
| 23 | Yarns and threads |
| 24 | Textiles and fabric household goods |
| 25 | Clothing, footwear, and headwear |
| 26 | Lace, ribbons, buttons, and sewing notions |
| 27 | Carpets, rugs, and wall coverings |
| 28 | Toys, games, and sporting goods |
| 29 | Meat, dairy, and processed foods |
| 30 | Coffee, tea, baked goods, and condiments |
| 31 | Fresh produce, live animals, unprocessed grains |
| 32 | Beer, soft drinks, and non-alcoholic beverages |
| 33 | Wine and spirits |
| 34 | Tobacco, matches, and smokers' articles |
| Class | Covers |
|---|---|
| 35 | Retail, advertising, and business management services |
| 36 | Insurance, financial, and real estate services |
| 37 | Construction and repair services |
| 38 | Telecommunications services |
| 39 | Transportation, travel, and storage services |
| 40 | Material treatment services (manufacturing-for-others, recycling) |
| 41 | Education, training, and entertainment services |
| 42 | Software development, IT, and scientific/design services |
| 43 | Restaurants, cafes, catering, and lodging services |
| 44 | Medical, veterinary, beauty, and wellness services |
| 45 | Legal services, security services, personal services |
How to Choose the Right Class
1. Start with what you sell today, not your industry label
"Fitness business" isn't a class — it could be Class 25 (athletic apparel), Class 41 (fitness classes), Class 28 (exercise equipment), or some combination. Write down, specifically, the actual product or service a customer pays you for.
2. Match the product to the goods classes (1–34)
If you manufacture, package, or sell a physical item under your brand, you're generally in the goods classes. Class 25 for a clothing line, Class 30 for a coffee roaster, Class 9 for a software product sold as a download.
3. Match the service to the services classes (35–45)
If customers are paying for your time, expertise, or an experience rather than a product they take home, you're in the services classes. Class 43 for a restaurant, Class 41 for a coaching business, Class 42 for a software-as-a-service platform.
4. Check the USPTO's ID Manual
The USPTO maintains a free, searchable database of pre-approved descriptions of goods and services (the "ID Manual"). Using language straight from it speeds up examination — a custom description that doesn't match standard language is more likely to trigger a formality office action.
Do You Need More Than One Class?
Many businesses legitimately need two or more classes. A few common combinations:
- A brewery — Class 32 (beer) for the product, plus Class 43 (restaurant/taproom services) if there's a taproom
- An apparel brand with a physical store — Class 25 (clothing) plus Class 35 (retail services) if the storefront itself is part of the brand experience
- A software company — Class 9 (downloadable software) plus Class 42 (SaaS/cloud services) depending on how the product is delivered
- A consultant who also sells products — Class 41 or 35 for the consulting, plus a goods class for any branded merchandise or courses sold as downloadable material
Each additional class is a separate USPTO filing fee ($250–$350 per class) and gets examined somewhat independently, so it's worth being deliberate rather than filing broadly "just in case." Register for what you do now and what you have concrete, near-term plans to do — not everything you might do eventually.
Common Class Selection Mistakes
- Filing in the class that "sounds right" instead of the one that matches actual use. A "consulting" business isn't automatically Class 35 — that class specifically means business consulting; management or IT consulting falls elsewhere.
- Writing an overly broad description. The USPTO will push back on vague catch-all language, and even if it's approved, an overly broad description can be more vulnerable to a later cancellation for non-use.
- Writing an overly narrow description. The opposite problem — a description so specific it doesn't actually cover how the product is used or sold, leaving gaps in protection.
- Forgetting the services side of a goods business, or vice versa. Selling a product and also running a related service under the same brand usually means two classes, not one.
- Assuming one registration protects the brand everywhere. A trademark registered in Class 25 for clothing gives you no rights to stop someone from using a similar name in Class 43 for a restaurant, if there's no likely confusion between the two.
Minnesota Examples
Class selection questions come up constantly in our conversations with Minnesota business owners. A few recurring patterns:
The Twin Cities craft brewery with a taproom
Minnesota's brewery scene is dense, and most breweries here sell both packaged beer and a full taproom experience — food, events, merchandise. A registration covering only the beer misses the taproom services entirely, which matters if a competitor opens something with a similar name focused on food and events rather than packaged product.
The Etsy or Amazon seller based in the metro
A Minneapolis-based candle maker or jewelry designer selling primarily through Etsy typically needs the class for the physical product itself, not a retail services class — the marketplace is the sales channel, not the business's own retail service. This is one of the most common class mix-ups we see with online sellers.
The St. Paul professional services firm
A local accounting, consulting, or design firm is almost always a single services class, but the right one depends on the specific work — business consulting, financial services, and design services are all different classes even though they sound similar in casual conversation. Getting specific about the actual service offered is what determines the right fit.
Frequently Asked Questions
How many trademark classes do I need?
Most small businesses need just one or two: one for the physical products they sell, and one more if they also sell services like consulting or retail. Register for what you actually do today plus anything with concrete, near-term plans — not every class you might use someday.
Can one trademark application cover multiple classes?
Yes. A single application can list multiple classes, but the USPTO charges its filing fee per class, not per application. Filing three classes in one application costs the same in government fees as three separate applications, but it's more efficient to manage since everything moves through examination together.
What happens if I register in the wrong trademark class?
Your registration only protects you within the classes you actually filed in, so a wrong or too-narrow class leaves your real business activity unprotected even though you technically hold a trademark. Fixing it means filing a new, correct application and paying the fees again — classes can't be changed after registration issues.
Does every online seller need Class 35?
Not automatically. Class 35 covers retail and advertising services — the business of selling things, not the products themselves. A seller simply listing products on Etsy or Amazon under their brand usually needs the class for the product itself, like Class 25 for apparel. Class 35 becomes relevant when the business is built around operating the storefront as a service, like a curated marketplace or an agency running ads for other brands.
Can I add a trademark class later if my business grows?
You can't add a class to an existing registration. You'd file a new application for the additional class, meaning a new filing fee and a new examination timeline — which is why it helps to think a step or two ahead about where the business is realistically headed before the first filing.
How much does it cost to register in multiple trademark classes?
USPTO filing fees run $250–$350 per class, charged separately for each one. Two classes roughly doubles the government filing cost, though attorney fees for preparing a multi-class application typically aren't a straight multiple, since much of the work is shared across classes.
Conclusion
Trademark classes aren't paperwork — they're the actual boundary of what your registration protects. The right class (or classes) comes from being specific about what a customer is paying for, not from your general industry or a guess at what sounds close enough.
Getting it wrong doesn't just risk a rejected application — it can mean holding a registration that technically exists but doesn't cover what your business actually does. That's the kind of gap that only shows up when it's too late to fix cheaply.
Let Us Confirm the Right Class Before You File
Twin Cities Trademarks reviews your goods and services and identifies the correct class or classes before you file — at flat-fee pricing built for Minnesota businesses and founders nationwide.