Understanding Trademark Classes

You've chosen a strong mark and decided on the type. Now you need to specify what products or services your trademark will protect. Trademark protection isn't universal—it's tied to specific categories of goods and services called classes, and selecting the right ones directly impacts your costs, protection scope, and application success.

What is the Nice Classification System?

The Nice Classification is an international system that organizes all possible goods and services into 45 numbered classes. Established by the Nice Agreement in 1957, this standardized system is used by trademark offices in over 150 countries, including the USPTO, EUIPO, WIPO, and most national offices worldwide.

The system divides classes into two groups:

• Classes 1-34: Goods (tangible products)
• Classes 35-45: Services (activities performed for others)

Each class represents a broad category of related goods or services. For example, Class 25 covers clothing, Class 9 covers software and electronics, and Class 42 covers computer programming services. When you file a trademark application, you must identify which class or classes your goods and services fall into.

The classification system serves three critical purposes:

1. Administrative efficiency: Enables trademark offices to organize and search millions of registrations systematically
2. Scope definition: Clearly defines what your trademark protects (and doesn't protect)
3. Fee calculation: Most trademark offices charge per class, making class selection a direct cost factor

Complete Nice Classification Reference

Below is the complete list of all 45 Nice Classification classes. Use this as a reference to identify potential classes for your business.

Goods Classes (1-34)

Services Classes (35-45)

Why Trademark Classes Matter

Understanding classes isn't just administrative—it directly affects your protection, costs, and filing strategy.

Cost Implications

Trademark offices charge fees per class, making class selection a direct budget consideration. The fee structure differs significantly between jurisdictions:

USPTO (United States)

• TEAS Plus: $250 per class
• TEAS Standard: $350 per class
• No discount for multiple classes

EUIPO (European Union)

• First class: €850
• Second class: +€50
• Third and additional classes: +€150 each

The EUIPO pricing structure creates a cost advantage for multi-class filings:

Exchange rate approximate: €1 = $1.09

Scope of Protection

Your trademark registration only protects your mark within the classes you register. This creates both limitations and strategic opportunities:

Limited protection example: If you register CLOUDFORGE for software in Class 9, another company could potentially register CLOUDFORGE for clothing in Class 25 without infringing your rights—unless you can prove likelihood of confusion based on fame or relatedness.

Strategic protection: Identify not just your current classes, but also:

• Related classes: Where competitors or complementary businesses operate
• Expansion classes: Where you plan to offer products/services in the next 3-5 years
• Defensive classes: Where brand confusion could harm your reputation

Coordinated Classes and Search Scope

The USPTO uses "coordinated classes"—groupings of classes that often contain related goods or services. For example, Class 25 (clothing) is coordinated with:

• Class 14 (jewelry)
• Class 18 (leather goods, handbags)
• Class 26 (hair accessories)
• Class 35 (retail store services)

When searching for conflicts, you should search your classes plus coordinated classes, as consumers might expect companies in coordinated classes to offer related products. A clothing brand selling items in Class 25 is likely to expand into handbags (Class 18) or jewelry (Class 14), creating potential confusion.

How to Identify Your Classes

Selecting the right classes requires methodical research. Follow this step-by-step process:

Step 1: List All Your Offerings

Create an exhaustive list of:

• Every product you currently sell
• Every service you currently provide
• Products/services you plan to offer in the next 3-5 years

Be specific. Don't just write "software"—specify whether it's downloadable software, web-based software, mobile apps, or SaaS.

Step 2: Research Each Item

Use classification tools (ID Manual for USPTO, TMclass for EUIPO) to research each product or service. Search for the specific term and review the pre-approved descriptions.

Pay attention to:

• Class assignments: Some terms appear in multiple classes with different meanings
• Wording variations: The exact phrasing affects acceptability
• Scope: Whether descriptions are too broad or too narrow

Step 3: Note All Applicable Classes

Write down every class that applies to your business. For a typical e-commerce clothing store, this might include:

• Class 25 (the clothing itself)
• Class 35 (retail store services, online retail services)
• Possibly Class 9 (if you have a mobile shopping app)

Step 4: Consider Future Expansion

Think strategically about where your business might expand. If you currently sell software but plan to offer consulting services, you'll need both Class 42 (software development services) and potentially Class 35 (business consulting).

Step 5: Research Related and Coordinated Classes

Check if any coordinated classes apply to your industry. A restaurant filing in Class 43 (restaurant services) should also consider:

• Class 29 (prepared meats, soups)
• Class 30 (bakery goods, prepared foods)
• Class 35 (catering services, if offered)

Goods and Services Identification Wording

Selecting the class is only half the work. You must also provide clear, acceptable descriptions of your specific goods or services—called "identifications."

Acceptable vs. Unacceptable Descriptions

Trademark examiners require identifications to be:

• Clear: A layperson can understand what you're offering
• Precise: Not vague or overly broad
• Accurate: Correctly describes your goods/services

Here are examples across diverse industries:

Pre-Approved Descriptions

Both the USPTO and EUIPO maintain databases of pre-approved terms:

USPTO ID Manual: Contains thousands of pre-approved identifications. Using these terms can speed up examination because the examiner doesn't need to evaluate whether your wording is acceptable.

EUIPO Harmonised Database: Contains terms accepted by all EU member states and many other offices. Using harmonised terms makes your application eligible for Fast Track processing—a streamlined 4-month examination timeline compared to the standard 5-6 months.

Benefits of using pre-approved descriptions:

• Faster examination (no wording objections)
• Clear classification (no class assignment disputes)
• Fast Track eligibility (EUIPO)
• Reduced risk of office actions

Writing Custom Descriptions

If you can't find a pre-approved term that accurately describes your goods or services, you can write a custom description. However, this increases the risk of:

• Classification challenges from the examiner
• Requests to clarify or amend your wording
• Delays in processing
• Higher fees (USPTO charges more for TEAS Standard, which allows custom descriptions)

When writing custom descriptions:

1. Be specific about what the product does or what the service provides
2. Use industry-standard terminology
3. Avoid marketing language or superlatives
4. Don't include brand names or trademarks
5. Follow the format of similar pre-approved terms

Using Classification Tools

Three primary tools help you identify classes and write acceptable identifications.

USPTO ID Manual

Access: https://idm-tmng.uspto.gov/id-master-list-public.html

The Trademark ID Manual is the USPTO's comprehensive database of acceptable goods and services identifications.

How to use it:

1. Enter a keyword describing your product or service (e.g., "software")
2. Review all results—the same word may appear in multiple classes
3. Read the full description to ensure it matches your offering
4. Note the class number
5. Copy the exact wording for your application

Search tips:

• Try multiple keywords and synonyms
• Use singular and plural forms
• If your search returns no results, try a broader term
• Review the "Status" field—use only "A" (approved) entries

Example search: Searching "mobile application" returns:

• Class 9: "Downloadable mobile applications for [specify function]"
• Class 42: "Providing temporary use of non-downloadable mobile applications for [specify function]"

The distinction matters: Class 9 is for apps users download; Class 42 is for web-based apps accessed but not downloaded.

EUIPO TMclass

Access: https://www.tmdn.org/tmclass/

TMclass is a free tool that searches classification databases from over 80 trademark offices worldwide, including all EU member states, the USPTO, and WIPO.

How to use it:

1. Enter a keyword in any supported language
2. Select "Harmonised Database" filter to see only Fast Track-eligible terms
3. Review results from multiple offices
4. Copy the exact wording and class number

Advantages:

• Multi-office search (one term shows classifications in many countries)
• Translation assistance (searches in 47+ languages)
• Harmonised Database filter for Fast Track eligibility
• More comprehensive than single-office databases

Harmonised Database terms are marked with a special icon. Using these terms provides:

• Automatic Fast Track processing (4-month timeline)
• Acceptance across all EU offices
• No examination delays for classification issues

Comparing Tools by Use Case

Multi-Class Filing Strategy

Most businesses need multiple classes. The question isn't whether to file multiple classes, but which ones and when.

When to File Multiple Classes

File multiple classes in a single application when:

1. You currently use the mark across multiple categories: A restaurant that also sells packaged sauces needs Classes 29 (sauces), 30 (condiments), and 43 (restaurant services).

2. Expansion is imminent (within 1 year): For USPTO intent-to-use applications, you must have a bona fide intent to use the mark in all claimed classes. For EUIPO, you can register without use but must demonstrate genuine use within 5 years.

3. Protection requires it: If competitors operate in related classes, defensive registration may be warranted.

4. Cost efficiency: Filing one application with 3 classes costs less than filing 3 separate applications (especially at EUIPO with its progressive fee structure).

When to File Separately or Later

File in additional classes later when:

1. Expansion is uncertain or distant: Don't file for classes you might never use. At EUIPO, unused marks can be cancelled after 5 years; at USPTO, you can't register without use.

2. Budget constraints: Focus on core classes first, expand later as revenue grows.

3. Different timing for use: For USPTO intent-to-use applications, file additional classes when you're closer to actual use to avoid extension fees.

Multi-Class Strategy Examples

Cost-Benefit Analysis

Ask yourself:

1. What's the risk if I don't register this class? Could a competitor use a similar mark in this class and cause confusion?

2. What's the likelihood I'll expand into this class? If it's nearly certain within 2-3 years, file now.

3. What's the cost of filing now vs. later? Filing one application with 3 classes typically costs less than filing 3 separate single-class applications over time.

4. Can I afford to defend this class? Registering a class you'll never use (especially at EUIPO) creates cancellation risk if challenged for non-use.

Common Classification Mistakes

Avoid these frequent errors that cause office actions, delays, or inadequate protection:

1. Too Broad or Indefinite

Problem: "Computer services" is too vague. Which services? Programming? Hosting? Repair?

Solution: Use specific terms: "Software as a service (SaaS) featuring project management software" (Class 42)

2. Too Narrow

Problem: Filing only for "men's shirts" when you sell all types of clothing.

Solution: Use broader acceptable terms: "Clothing, namely, shirts, pants, jackets, and outerwear" (Class 25)

3. Wrong Class Entirely

Problem: Filing in Class 9 for "providing online software" when it should be Class 42 (SaaS).

Solution: Understand goods vs. services distinction. Downloadable software = Class 9. Software accessed online but not downloaded = Class 42.

4. Vague or Marketing Language

Problem: "Revolutionary cloud-based AI-powered solutions"

Solution: "Software as a service (SaaS) featuring artificial intelligence software for data analysis" (Class 42)

5. Ignoring Related Classes

Problem: A clothing e-commerce company files only in Class 25 (clothing) and misses Class 35 (online retail services).

Solution: Research coordinated classes and related services. Retail businesses almost always need Class 35 in addition to goods classes.

6. Forgetting Service Classes for Product Businesses

Problem: A restaurant files only in Classes 29 and 30 for food products, forgetting Class 43 for restaurant services.

Solution: Consider both goods AND services you provide. If customers visit your restaurant, you need Class 43. If you sell packaged goods, you need the relevant food classes.

7. Confusing Goods and Services

Problem: Describing downloadable software (a good in Class 9) as "software services"

Solution: Learn the distinction:

• Goods (Class 9): Downloadable software, mobile apps, recorded media
• Services (Class 42): SaaS, software development, IT consulting

8. Using Trademarked Terms in Identifications

Problem: "Software for managing SALESFORCE data"

Solution: Use generic terms: "Customer relationship management (CRM) software" without referencing third-party trademarks.

Industry-Specific Examples

Here's how different business types typically navigate classification:

Technology Startups

SaaS Platform (CRM software):

• Class 9: "Downloadable computer software for customer relationship management"
• Class 42: "Software as a service (SaaS) featuring customer relationship management software"

Why both? Class 9 covers any downloadable version or mobile app; Class 42 covers the web-based SaaS version. Many companies offer both.

Cost: $500 (USPTO) or €900 (EUIPO) for 2 classes

Retail Businesses

Online Clothing Store:

• Class 25: "Clothing, namely, shirts, pants, dresses, outerwear, footwear"
• Class 35: "Online retail store services featuring clothing and accessories"

Why Class 35? You're providing retail services, not just selling goods. Class 35 protects your retail brand.

If you also have a mobile app:

• Add Class 9: "Downloadable mobile application for online shopping"

Cost: $500-750 (USPTO) or €900-1,050 (EUIPO) for 2-3 classes

Food Service

Restaurant with Packaged Products:

• Class 29: "Prepared meals consisting primarily of meat, fish, or vegetables; soups"
• Class 30: "Sandwiches; bakery goods; sauces"
• Class 43: "Restaurant services; bar services; catering services"

Why multiple food classes? Classes 29 and 30 divide food products by type. Meat-based products go in Class 29; grain-based products (bread, pasta, sauces) go in Class 30.

Cost: $750 (USPTO) or €1,050 (EUIPO) for 3 classes

Professional Services

Business Consulting Firm:

• Class 35: "Business management consulting services; business strategic planning services"
• Class 41: "Educational services, namely, conducting workshops and seminars in the field of business management"
• Class 42: "Technology consulting services; computer systems analysis"

Why multiple service classes? Services are divided by type. Business consulting (Class 35), educational training (Class 41), and technology/scientific services (Class 42) are distinct categories.

Cost: $750 (USPTO) or €1,050 (EUIPO) for 3 classes

Manufacturing

Industrial Equipment Manufacturer:

• Class 7: "Industrial robots for use in manufacturing; automated assembly line machines"
• Class 37: "Repair and maintenance services for industrial machinery"
• Class 42: "Design and engineering services for industrial equipment"

Why services classes? If you offer installation, repair, or design services in addition to selling equipment, you need the corresponding service classes.

Cost: $750 (USPTO) or €1,050 (EUIPO) for 3 classes

Key Takeaways

Before you file, ensure you:

1. Identify all current and planned offerings and research their classes using ID Manual or TMclass
2. Use pre-approved descriptions whenever possible to speed examination and qualify for Fast Track (EUIPO)
3. Budget for multiple classes—most businesses need 2-5 classes
4. Research related and coordinated classes to avoid missing important protection areas
5. Be specific but not too narrow in your goods/services descriptions
6. Don't forget service classes if you provide services in addition to products (especially Class 35 for retail)
7. File multiple classes together when cost-effective rather than filing separate applications later

Classification is foundational to trademark protection. Get it right, and your application proceeds smoothly. Get it wrong, and you'll face office actions, delays, inadequate protection, or the need to file additional applications.

What's Next

You've chosen a strong, distinctive mark, decided on the type, and identified the correct classes for protection. Now comes the critical step before filing: searching to ensure your mark is available and doesn't conflict with existing trademarks. Chapter 5 explains why comprehensive trademark searching is essential—and what can happen if you skip it.