Trademark Classes Explained

Trademark classes organize goods and services in applications and registrations. The USPTO uses the international Nice Classification, with 45 classes:

• Classes 1–34 cover goods.
• Classes 35–45 cover services.

Classes support searching and fee calculation. They do not create legal walls between markets.

Goods versus services

Goods are products customers purchase, such as software, clothing, or cosmetics. Services are activities performed for others, such as retail, education, consulting, or hosted software services.

A company may offer both. For example, downloadable software and providing temporary use of online non-downloadable software are not described identically and may be classified differently.

Overview of the classes

Range	Examples
1–5	Chemicals, paints, cosmetics, fuels, pharmaceuticals
6–14	Metal goods, machinery, tools, electronics, medical devices, vehicles, firearms, jewelry
15–21	Instruments, paper goods, rubber goods, leather goods, building materials, furniture, housewares
22–28	Fibers, yarns, fabrics, clothing, sewing goods, floor coverings, toys and sporting goods
29–34	Foods, agricultural products, beverages, tobacco-related goods
35–39	Advertising/business, insurance/financial, construction/repair, telecommunications, transportation
40–45	Treatment of materials, education/entertainment, computer/scientific, hospitality, medical/beauty/agriculture, personal/legal

This overview is not a filing identification. Use the current USPTO ID Manual for accepted wording.

Identification comes before class

Do not begin with “Which class do I want?” Begin with “What goods or services do I actually use, or have a bona fide intent to use, under this mark?”

The application must describe the offering clearly and truthfully. Vague phrases such as “technology services” may not identify recognizable services.

Why class selection affects cost

The current base application filing fee is calculated per class. A Section 1 or Section 44 application that satisfies the base requirements has a $350 base fee per class.

One application can list multiple classes, but each class adds a base fee and may create additional evidence, use, and maintenance obligations.

Classes do not determine confusion

Two marks in different classes can conflict if their goods or services are related. Two marks in the same class may coexist when their offerings and commercial impressions differ sufficiently.

Examples:

• retail services and the goods sold through the store can be commercially related;
• downloadable software and hosted software may be related despite classification differences;
• unrelated products may share a broad class without consumers assuming one source.

Read the identification, not only the number.

Using the ID Manual

The USPTO ID Manual contains accepted descriptions and classifications. Using appropriate pre-approved wording can reduce ambiguity and avoid the current additional fee for a free-form custom identification.

Choose wording that is accurate. Do not select a broad ID Manual entry merely because it covers future possibilities.

Multi-class planning

For each class, confirm:

• the actual owner;
• the filing basis;
• current use or bona fide intent;
• specimen needs;
• base and additional fees;
• future statement-of-use fees for intent-to-use filings;
• maintenance responsibility.

Unused or unsupported items can create problems. More classes are not automatically better protection.

Frequently asked questions

How many trademark classes do I need?

It depends on the goods and services actually offered or genuinely intended under the mark. Coverage should be accurate, not maximized for appearance.

Is software always Class 9?

No. Downloadable software often falls in Class 9, while hosted non-downloadable software services often fall in Class 42. The exact identification controls.

Is retail always Class 35?

Many retail services are in Class 35, but the application must identify the retail field appropriately. Selling your own goods does not automatically create a separate retail-service claim.

Can different classes prevent a conflict?

No. Relatedness can cross class boundaries.

Does Seneka select my filing classes?

No. Seneka may show class-related data from federal records, but it does not choose or prepare a legal identification for an application.

Primary sources

• USPTO: Goods and services
• USPTO Trademark ID Manual
• USPTO: Nice Classification background