Trademark classes explained
A trademark class is a category of goods or services. You name each class your mark will be used in, and the USPTO base fee applies per class.
A trademark class is a category of goods or services. When you apply, you name each class the mark will be used in, and the USPTO base fee of $350 is charged for each class. Choosing your classes is one of the decisions that most affects what the registration covers and what it costs.
What the 45 classes are
The USPTO sorts applications with the Nice classification, which has 45 classes. Classes 1 to 34 are goods and classes 35 to 45 are services. A class number is a filing category. It does not define what your registration protects. The written description of your goods or services does that, and the class tells the examiner where the description belongs.
Goods or services
Goods are things you sell: a shirt, a phone app, a candle. Services are things you do for other people: running an online store, teaching a course, hosting software that customers log in to. One business often has both. A clothing label sells shirts, which are goods, and may also run a web shop, which is a retail store service. Those sit in different classes, and the question is which one the mark will appear on.
The five classes we cover
| Class | Covers | Common filers | Guide |
|---|---|---|---|
| 9 | Downloadable software, apps, electronic devices | App developers, hardware startups | Class 9 |
| 25 | Clothing, footwear, headwear | Apparel labels, merch sellers | Class 25 |
| 35 | Advertising, business services, retail store services | Agencies, online stores | Class 35 |
| 41 | Education, entertainment, publishing, events | Coaches, course creators, media | Class 41 |
| 42 | Technology services, hosted software, design and IT work | SaaS companies, IT and design studios | Class 42 |
The table summarises how each class is generally used. Each guide gives examples and the mistakes to avoid.
How to pick your classes
- List what you sell today and what you plan to launch in the next few years.
- For each item, ask whether the customer receives a thing or a service, and match it to a class on that basis.
- Mark which classes are core to the brand. Each class you add increases the USPTO base fee, so start with the ones you will use first.
- Send us the list. We confirm the classes, draft the descriptions and give you the total before anything is filed.
Common mistakes
- Choosing a class by the industry label instead of by what the customer buys.
- Adding a class for a product with no plan to sell it. When proof of use is required later, a listed item you do not sell can cause trouble.
- Using broad wording such as "business services", which an examiner may ask you to narrow.
If your business sits in another class
The USPTO accepts applications in all 45 classes. If yours is not one of the five above, call or email us and we will tell you which class fits and what the total would be. You can also see our itemised fees on the pricing page, and the general breakdown in what a trademark costs.
Check the name first
A name can be clear in one class and blocked in another. Our free name search checks it against USPTO records before you decide where to file.
Related guides
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.