What is Trademark Class 9?

Trademark Class 9 is one of 45 classes used by the United States Patent and Trademark Office (USPTO) to classify products or services. Class 9 is comprised of a broad range of trademarks for nautical, scientific, surveying, cinematographic, photographic, measuring, signaling, and weighing devices. Teaching and life-saving apparatuses and instruments also fall under Class 9, as do DVDs, CDs, cash registers, data processing equipment, and computer software.

Class 9 includes many of today's modern inventions, including electronics, software, computers, smartphones, mobile apps, and fire extinguishers.

In fact, the following goods are just some of the things considered to be part of Class 9. This is only a sampling of a very large grouping:

  • 3D glasses
  • Accelerometers
  • Abacuses
  • Acid hydrometers
  • Electric accumulators
  • Acoustic alarms
  • Acoustic conduits or couplers
  • Actinometers
  • Electrical adapters
  • Antennas
  • Adding machines
  • Electric alarm bells
  • Aerometers
  • Alarms
  • Alidades
  • Altimeters
  • Alcoholmeters
  • Animated cartoons
  • Anti-glare glasses or visors
  • Anti-theft warnings
  • Anti-interference devices
  • Asbestos gloves or clothing
  • Astronomy instruments
  • Audio-visual receivers or teaching instruments
  • ATMs
  • Baby monitors
  • Laptop bags
  • Barcode readers
  • Beacons
  • Barometers
  • Batteries
  • Battery chargers
  • Binoculars
  • Boiler control instruments
  • Blueprint apparatuses
  • Underwater breathing apparatuses
  • Bullet-proof protections and clothing
  • Buzzers
  • Loudspeaker cabinets
  • Calipers
  • Calibrating rings
  • Calculating machines
  • Carpenter's rules
  • Cassette players
  • Cash registers
  • Cell phone straps
  • Choking coils
  • Close-up lenses
  • Fireproof garments
  • CDs and CD players
  • Compasses
  • Computer memory devices
  • Computer keyboards
  • Computer programs
  • Computer software
  • Computer hardware
  • Contact lenses
  • Containers
  • Copper wire
  • Cordless telephones
  • Counterfeit-coin detectors
  • Counters
  • Couplers
  • Crucibles
  • Decompression chambers
  • Decorative magnets
  • Darkrooms
  • Detectors
  • Diaphragms
  • Digital photo frames
  • Digital signs
  • Digital video recorders
  • Dictating machines
  • Diffraction apparatuses
  • DNA chips
  • Diving suits and masks
  • Downloadable files
  • Protractors
  • Instruments for scientific laboratory research
  • Punched-card office machines

Being such a broad category, it's also important to note what DOES NOT qualify for classification under Class 9:

  • Control clocks
  • Clocks, watches, and other chronometric instruments
  • Electromechanical kitchen apparatuses like grinders or mixers
  • Apparatuses for dispensing or pumping fuel
  • Electric toothbrushes and combs
  • Electric clippers, razors, and flat irons
  • Game and amusement apparatuses used with a monitor or external display screen

Coordinated Classes

Related classes, otherwise known as coordinated classes, are similar classes to Class 9 and may require you to register another class. These include:

Class 9 Examples

Examples of Class 9 trademarks include DISH (digital video recorders), BSX (portable tablets), OPENTABLE (computer software and mobile applications), and ORACLE SUPERCLUSTER (computer hardware).

Why is Trademark Class 9 Important?

Class 9 has been the most widely used trademark class in recent years due to its incredibly broad definition of electrical apparatuses. Almost all computers and software are registered under Class 9 along with popular electronics. It's important to note, however, that items such as household utilities and appliances have their own class.

Class 9 Specimens

When you register a trademark for commerce, you must provide a sample or specimen of the mark for the USPTO. This specimen can be a tag, label, or container. You can also provide a photocopy or reproduction of a specimen.

With Class 9 marks, labels are the typical specimens. Mailing or shipping labels are accepted as long as they are attached to the goods or container showing proper trademark usage. You cannot use a shipping label if the mark shown is only used as a trade name, such as on a return address label.

The proper way to affix a trademark is to stamp the trademark on your goods, including any labels, tags, or containers. You can apply it with a rubber stamp, metal stamp, or ink it on by using a template or stencil. When used this way, photographs of the stamping process are acceptable as specimens.

You may come across the term "applied to the containers for the goods," which means the mark is applied to any type of commercial packaging. As such, showing the trademark on commercial packaging is an acceptable specimen when registering Class 9 as long as it's the normal mode of trademark use for your particular goods.

Class 9 is one of the most popular trademark classes for new applications. That means your trademark may face competition or tighter scrutiny. Other common classes include:

What Could Happen if You Register Your Trademark in the Wrong Class?

Given the fact that certain Nice Classes seem to overlap, such as Class 9 and Class 42, the latter of which denotes technological and scientific services, which includes computer software and hardware, it's easy to choose the wrong one.

In many cases, your trademark may qualify for both Class 9 and Class 42. In this scenario, you can register your trademark under both classes. For example, you may want to register your mobile app under Class 9, but since the app offers a service, you could also register it under Class 42.

However, if you register your trademark in the wrong class, your application will be denied and you will have to start the registration process again. This includes refiling and paying the registration fee again.

As you may have already noticed, trademark classification can be confusing, especially when you're not sure which class to register for. If needed, don't hesitate to consult an expert such as a trademark attorney to ensure you register your trademark with the correct class.

Common Mistakes

  • Choosing the wrong trademark class. Classes like 9 and 42 are so similar, in fact, that Class 9 includes downloadable software while Class 42 includes non-downloadable software. Getting this wrong can be costly and time-consuming.
  • Listing too many goods or services on the application. Given the complexity of the Nice Classes, it may seem logical to list too many goods or services on the application in the hopes that you'll get the right classification. The reality is, your application will be denied. If your trademark falls under more than one class, you need to register for them separately and pay separate fees.
  • Not being descriptive enough. You want to be as descriptive as possible when registering your trademark without going overboard. Make sure that all possible services and goods are covered in the description and that all appropriate classes are designated. You can also cut back on the description later.
  • Filing under the wrong name. You may not think filing a trademark under the wrong name would be a common mistake, but it's actually one of the most prevalent. Some entrepreneurs try to file under their business name when they haven't yet completed the required corporate paperwork. Others list their personal name when they should have listed the corporate entity. In either of these scenarios, your application is void and you will need to start a new one.
  • Listing the wrong date of use. The date of use denotes the first time you used your trademark goods or services in commerce. Typically, this means the date you sold your first product or earned money from your services. If you state that you are using the trademark when you haven't yet sold any products, you could be faced with a date of use conflict.
  • Assuming you own the trademark. In some cases, inventors or developers assume they own their trademarks because they own websites or domain names. These actually have no bearing on your rights to a trademark contained in the domain name. In fact, you can be sued if your website address infringes on someone else's trademark.

What Are the Trademark Classes?

The USPTO has relied on the same standardized categories of goods and services since September 1, 1973. Most other nations use this same list, too. The Nice Agreement outlines the categories in the International Trademark Classification System. Also known as the Nice Classification (NCL), it includes 45 general categories, with 34 goods categories and 11 services categories.

NCL Classes

Class No.


Description of Goods

Class 1


Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2


Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3

Cosmetics and Cleaning Preparations

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4

Lubricants and Fuels

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 5


Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6

Metal Goods

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7


Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Class 8

Hand Tools

Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 9

Electrical and Scientific Apparatus

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10

Medical Apparatus

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11

Environmental Control Apparatus

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12


Vehicles; apparatus for locomotion by land, air or water.

Class 13


Firearms; ammunition and projectiles; explosives; fireworks.

Class 14


Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

Class 15

Musical Instruments

Musical instruments.

Class 16

Paper goods and Printed Matter

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Class 17

Rubber Goods

Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18

Leather Goods

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19

Nonmetallic Building Materials

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20

Furniture and Articles not Otherwise Classified

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21

Housewares and Glass

Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

Class 22

Cordage and Fibers

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23

Yarns and Threads

Yarns and threads, for textile use.

Class 24


Textiles and textile goods, not included in other classes; bed and table covers.

Class 25


Clothing, footwear, headgear.

Class 26

Fancy Goods

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27

Floor Coverings

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28

Toys and Sporting Goods

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29

Meats and Processed Foods

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

Class 30

Staple Foods

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31

Natural Agricultural Products

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32

Light Beverages

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33

Wine and Spirits

Alcoholic beverages (except beers).

Class 34

Smokers' Articles

Tobacco; smokers' articles; matches.


NCL Services

Class No.


Description of Services

Class 35

Advertising and Business

Advertising; business management; business administration; office functions.

Class 36

Insurance and Financial

Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37

Building Construction and Repair

Building construction; repair; installation services.

Class 38



Class 39

Transportation and storage)

Transport; packaging and storage of goods; travel arrangement.

Class 40

Treatment of Materials

Treatment of materials.

Class 41

Education and Entertainment

Education; providing of training; entertainment; sporting and cultural activities.

Class 42

Computer and Scientific

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43

Hotels and Restaurants

Services for providing food and drink; temporary accommodation.

Class 44

Medical, Beauty & Agricultural

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45


Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Frequently Asked Questions

  • How do I apply for a Class 9 trademark?

Once you've figured out that trademark registration is right for you, you should adhere to the following process:

  1. Select your trademark.
  2. Search the USPTO database for any similar trademarks.
  3. Identify that your goods or services fall under Class 9.
  4. Speak with a trademark lawyer.
  5. File the trademark application online at the USPTO website.
  6. Monitor your application status on the USPTO's Trademark Status and Document Retrieval system.
  7. Update your correspondence information, if necessary, while waiting to hear back from the USPTO.
  • My trademark registration application was denied. What now?

In most cases, trademarks are rejected based on a potential conflict that could elicit confusion among consumers. When this happens, there's nothing you can do but rethink your trademark and start the process over with the modified version. In the event your trademark application was denied because you selected the wrong class, you cansubmit a new application using the correct Nice Class.

Trademark registration is a complex process that should be handled correctly from the very first step. To avoid any potential conflicts or avoidable denials, post your legal need to speak with a trademark attorney on UpCounsel before filing. Our expert advice can help ensure you're filing under the correct class and that your trademark is distinctive enough to pass the stringent approval process.