What are Trademark Classes?

The United States Patent and Trademark Office (USPTO) has organized products and services according to specific categories or classes. Anyone wishing to register a trademark must do so under the appropriate class. In some cases, you will need to register your trademark in more than one class to cover a single product or service. USPTO classes help keep track of and differentiate between the thousands of new trademarks registered each year. Additional fees are required for each registered class.

There are 45 trademark classes, which are also referred to as Nice Classification (NCL) after the city in France where the first classes were negotiated in 1957. All products and services registered by the USPTO are categorized into one of these classes. Keep in mind, however, that these class headings are too broad to use in your actual trademark description. Plus, international class numbers alone are never acceptable.

Here are the 45 general categories, with 34 goods categories and 11 services categories:

NCL Classes
Class No. Type Description of Goods
Class 1 Chemicals 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 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 Pharmaceuticals 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 Machinery 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 Vehicles; apparatus for locomotion by land, air or water.
Class 13 Firearms Firearms; ammunition and projectiles; explosives; fireworks.
Class 14 Jewelry 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 Fabrics Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 Clothing 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. Type 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 Telecommunications Telecommunications.
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 Personal Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Why are Trademark Classes Important?

Trademark classes provide an easy way to quickly classify trademarked goods and services. They're also handy when you need to search for similar trademarks because, in most cases, you'll only need to search within your trademark's class.

Classes are also important because they allow trademarks to co-exist. For example, you can buy two kinds of Dove products: chocolate and soap. These are two completely different companies and products even though they share the same name. Both are registered trademarks but they can co-exist because they are two different types of goods. One is a beauty product while the other is food.

Since Dove soap and Dove chocolate are registered to different trademark classes, it's unlikely that any confusion can occur. It's also unlike that anyone would make the mistake of eating a bar of Dove soap thinking it was Dove chocolate.

Reasons to Consider Trademark Classes

When you're preparing to file a trademark registration application, you must determine your trademark's classification. In most cases, your product or service may fall under several classes. If so, you will need to determine which one is the primary class, or file additional applications to register your trademark under each one.

For example, Coors Light is a well-known brand of beer. The Coors Brewing Co. has registered "COORS LIGHT" as text or incorporated into images in 39 different registrations. These include:

  • Class 32 for the "beer."
  • Class 21 for the "beverage glassware, portable coolers, beer steins, bottle openers."
  • Class 25 for "clothing."
  • Class 35 for "lighters."
  • Class 28 for "sporting goods."
  • Class 35 for "promoting public awareness of the need for moderation and responsibility in drinking alcoholic beverages."
  • Class 16 for "paper goods."
  • Class 42 for "computer services."

As you can see, once you fall down the trademark rabbit hole, there are numerous classes you can fall into. The good news is you don't have to register for this many classes, or even more than one if you don't want to. It all comes down to how much trademark protection you want to enjoy.

If you don't have a specific use for your trademark in mind, abstract registration is not permitted. This is actually a good thing since it's meant to discourage competitors from registering great trademarks for no purpose. Even if you're not sure how far your trademark will extend, you can always register it to different classes in the future.

Keep in mind, however, that you will need to pay multiple filing fees for each class and each application will have different requirements. The total amount depends on the selected filing option:

  • TEAS Plus - $225
  • TEAS Regular - $325
  • TEAS Reduced Fee - $275

So, for instance, instead of paying a $275 U.S. Government filing fee for a single class application, you may need to pay $825 to file the entire trademark application. 

Common Mistakes

  • Registering a trademark with the wrong class. One of the most common mistakes is choosing the wrong class when filling out your trademark registration application. Doing so will result in your application being denied. You will need to start over and pay a new application fee. To avoid this mistake, hire an expert trademark lawyer to identify the right classes for your trademark. A lawyer can also write an accurate description of your trademark, helping the process go more smoothly.
  • Ignoring similar trademarks. Searching for any similar trademarks is part of the application process. Just because Dove can be trademarked by two companies for two separate products doesn't mean that you can trademark the same name of a product already on file in your trademark's class. Classes exist to keep trademarks distinct while still allowing for co-existence across the classes.
  • Failing to consider exceptions to the rule. Not every country abides by the international Nice Classification System. One instance is Canada. You will need to research more about Canada's trademark registration system if you plan on applying there.
  • Making assumptions. Class choices are not always obvious, so it's easy to assume your trademark belongs in one class when it would actually fall in another. You may assume you've filled out your trademark application correctly, but that assumption could cost you additional time and money. It's always best to have an expert review your application for any errors.
  • Relying on Class Numbers. Keep in mind that the Nice Classification System changes over time. In fact, there is an update every five years, and the classification agreements can be modified. As such, your class number may change or move from one class to another.
  • Generalizing. Don't rely on the individual class titles when trying to classify your trademark. Trademark classes are much too broad to be captured in a single title, requiring you to research each option carefully.

Frequently Asked Questions

  • Do I need to register my trademark?

No. You can establish rights to your trademark based on its commercial use without a registration. Still, having a federal trademark register provides you with extra protections and benefits.

  • How long does it take to register a trademark?

There is no way to tell. Most applicants will receive a filing receipt three weeks after submitting the application. However, the total time to register your trademark is one year to several years.

  • How do I register my trademark?

You can fill out the trademark registration application online through the USPTO's Trademark Electronic Application System (TEAS).

  • What if I choose the wrong class on my trademark application?

Your application will be denied, and you will need to submit a new one along with a new application fee.

  • How can I check my trademark registration?

After registering your trademark, you can look it up by the registration number provided by the USPTO. You'll also have a search code only given to registered trademarks. When viewing the information, you can read all about your trademark and see how it shows up in the search results.

Ensure that your trademark registration application is done correctly the first time around. Post your legal need and enlist the help of an UpCounsel lawyer and save up to 60 percent over most law firms.