Trademark International Classes: Everything You Need to Know
Trademark Law ResourcesTypes of TrademarksHow To Register A TrademarkTrademark International Classes categorize the different ways that a trademark is used. They help protect your trademark from being used by other businesses.8 min read
Trademark International Classes: What Are They?
Trademark International Classes categorize the different ways that a trademark is used. The United States Patent and Trademark Office (USPTO) started using the International classes which are known as Nice Classifications (pronounced "niece", after the city in France for which it is named).
Some of the most common classes include:
- Class 9 (Electrical and Scientific Apparatus): This includes computer software and electronics.
- Class 25 (Clothing): This includes clothing, footwear, and headgear.
- Class 35: (Advertising and Business Services): This includes advertising, business administration, and office functions
- Class 41 (Education and Entertainment): This includes publishing, teaching, and entertainment services.
- Class 42 (Computer and Scientific): This includes technology, scientific, and research services.
List of International Trademark Classes
Since September 1, 1973, the USPTO has used the same standardized categories of goods and services used in most nations around the world. The Nice Agreement outlines this in the International Trademark Classification System. It's also known as the Nice Classification (NCL). This standardized system includes 45 broad categories, with 34 good categories and 11 service categories.
NCL Classes | ||
Class No. | Type | Description of Goods |
Class 1 | Chemicals |
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Class 2 | Paints |
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Class 3 | Cosmetics and Cleaning Preparations |
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Class 4 | Lubricants and Fuels |
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Class 5 | Pharmaceuticals |
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Class 6 | Metal Goods |
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Class 7 |
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Class 8 | Hand Tools |
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Class 9 | Electrical and Scientific Apparatus |
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Class 10 | Medical Apparatus |
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Class 11 | Environmental Control Apparatus |
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Class 12 | Vehicles |
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Class 13 | Firearms |
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Class 14 | Jewelry |
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Class 15 | Musical Instruments |
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Class 16 | Paper goods and Printed Matter |
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Class 17 | Rubber Goods |
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Class 18 | Leather Goods |
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Class 19 | Nonmetallic Building Materials |
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Class 20 | Furniture and Articles not Otherwise Classified |
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Class 21 | Housewares and Glass |
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Class 22 | Cordage and Fibers |
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Class 23 | Yarns and Threads |
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Class 24 | Fabrics |
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Class 25 | Clothing |
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Class 26 | Fancy Goods |
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Class 27 | Floor Coverings |
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Class 28 | Toys and Sporting Goods |
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Class 29 | Meats and Processed Foods |
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Class 30 | Staple Foods |
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Class 31 | Natural Agricultural Products |
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Class 32 | Light Beverages |
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Class 33 | Wine and Spirits |
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Class 34 | Smokers' Articles |
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NCL Services | ||
Class No. | Type | Description of Services |
Class 35 | Advertising and Business |
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Class 36 | Insurance and Financial |
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Class 37 | Building Construction and Repair |
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Class 38 | Telecommunications |
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Class 39 | Transportation and storage) |
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Class 40 | Treatment of Materials |
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Class 41 | Education and Entertainment |
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Class 42 | Computer and Scientific |
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Class 43 | Hotels and Restaurants |
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Class 44 | Medical, Beauty & Agricultural |
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Class 45 | Personal |
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To get a better understanding of a specific class, you can visit the World Intellectual Property Organization (WIPO) website for a List of Goods and Services in Class Order to help you decide what class your product or service falls into. Or you can check out the USPTO Nice Agreement, which lists specific items included in and excluded from each class.
Important Things to Know When Applying for Trademark International Classes
- You must tell them all the classes you currently use your trademark for and ones you plan to use them for in the future.
- You cannot register a trademark if you don't have a specific use in mind. You can always add more classes in the future, but you must register its use for at least one.
- When registering your trademark, do not file under the wrong class. If you do, you risk your application being cancelled without getting your money back.
- With only 45 classes to identify all goods and services, sometimes two unlikely products get lumped into the same class. Abrasive cleaners and cosmetics, for example, belong to the same class. But since they are marketed in different ways, the likelihood of confusion is small even if the marks are similar.
Examples: What Could Happen When You Do Use Trademark International Classes?
When you use Trademark International Classes to register your trademark, there is a chance it may be confusing. You may have to do some research to figure out which class best fits your product or service.
- For example, a belt made of woven cord could under Class 22, which includes cordage and fibers, but it isn't. As it turns out, because the cord is made into clothing, it belongs in Class 25.
Similarly, if a mark represents a new of service or product, it may be difficult to decide how to categorize it because that category may not entirely exist yet.
- For example, if you run an online store that delivers groceries, you will probably want to register in a variety of classes, including International Classes 29 (meats and processed foods), 35 (advertising and business), 9 (electrical and scientific apparatus), and 39 (transportation and storage).
Goods or services that are in the same class are usually considered related. By registering your mark using Trademark International Classes, you protect it within those classes. This is especially true if the use of the same or similar marks within the same class has a high possibility for customer confusion.
It's important to know that the fact that two products or services are in the same or different classes does not mean that they are legally in conflict. The international classification system has put all types of goods and services into 45 classes, combining, for example, abrasive cleansers and cosmetics. Just because they are in the same class does not mean that there is a likelihood of confusion.
Frequently Asked Questions:
- What is the Cost to Register Trademark International Classes?
The cost of a trademark will vary depending on which filing option you select. It can be between $225-$325. Expect to pay a separate filing fee for each class you register under.
- If I Don't Know Which Class to Select, What Should I Do?
If you're not sure which class you fit into, leave the box blank. The person who reviews your application will choose the right one. You can also search the USPTO Website for classification of specific items.
- How Do I Apply for a Trademark?
Speak to one of our experienced trademark attorneys to get started with your application today.
We recommend allowing an experienced attorney to manage the paperwork and deadlines when registering a trademark. The process can get complicated, not to mention the extensive research needed to make sure no similar trademarks exist. Our high quality lawyers come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience. USPTO fees are not refundable, so trust our experts to help you file properly the first time around. Post your legal need here to get matched with the top 5% of lawyers and save up to 60% on legal fees.