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What Businesses Should Know About Trademark Classes and Selecting the Right One

When registering a trademark, selecting the right class is just as important as choosing the right name. Trademark classes help define the scope of legal protection for your brand. If you register your mark in the wrong class—or miss key ones—you may risk losing control over your brand identity.

In this guide, we’ll break down what trademark classes are, why they matter, and how to choose the right ones for your business.

What Are Trademark Classes?

Trademark classes are categories that organize goods and services into specific groups. When you apply for a trademark, you must choose the class (or classes) that reflect what your business offers.

There are 45 international trademark classes defined under the Nice Classification system, which is used by many countries, including those in the EU and the United States.

Classes 1–34: Goods

These cover physical products, such as:

  • Class 3 – Cosmetics and cleaning products

  • Class 9 – Software, electronics, and scientific devices

  • Class 25 – Clothing, footwear, and headgear

Classes 35–45: Services

These apply to business activities, including:

  • Class 35 – Advertising and business management

  • Class 41 – Education and entertainment services

  • Class 43 – Restaurant and food services

Why Choosing the Right Trademark Class Matters

Choosing the correct class affects the scope and strength of your legal protection. If your trademark is registered in a class that doesn’t match your goods or services:

  • You may not be protected against infringement by competitors in your actual industry.

  • You might have trouble enforcing your trademark rights in court.

  • You could face delays or rejections during the application process.

Example Scenario

Let’s say you run a yoga apparel brand. You register your trademark in Class 25 (clothing). If a competitor opens a yoga studio under a similar name but you didn’t register your mark in Class 41 (fitness instruction), you might not be able to stop them.

How to Determine the Right Trademark Class

To protect your brand fully, it’s essential to choose the right classes that reflect your current—and even future—business activities.

Step 1: Identify Your Core Goods and Services

Start by listing the main products or services your business offers. Be specific and think broadly about your activities.

Example:

  • T-shirts, leggings, and sports bras → Likely Class 25

  • Online fitness videos → Class 41

  • Nutritional supplements → Class 5

Step 2: Use the EUIPO or USPTO Search Tool

Agencies like the EUIPO (European Union Intellectual Property Office) and USPTO (United States Patent and Trademark Office) offer tools to help you search for appropriate classes:

These platforms allow you to search by keywords (e.g., “mobile app” or “marketing services”) to find the correct class.

Step 3: Think Long-Term

If you plan to expand your offerings, consider registering in those future classes now. Adding new classes later means filing a new application, which can be more expensive.

Common Mistakes When Selecting Trademark Classes

Many small businesses make mistakes when it comes to selecting classes—leading to limited protection or failed applications.

Mistake 1: Choosing Only One Class to Save Money

Each class usually involves an additional fee, so some businesses try to register in only one to cut costs. But this can backfire if your brand grows into new areas not covered by your existing registration.

Mistake 2: Misclassifying Services

Some services can fall into unexpected classes. For example:

  • Providing software as a service (SaaS) is usually Class 42, not Class 9

  • Event planning might fall under Class 41 or Class 35, depending on the specifics

Mistake 3: Overgeneralizing

You can't just register a trademark for “technology” or “products.” Trademark offices require clear, specific wording about what you're offering.

When to Register in Multiple Classes

If your business offers diverse products or services, you may need to register in more than one class.

Example: Lifestyle Brand

You run a lifestyle brand that offers:

  • Apparel (Class 25)

  • Skincare products (Class 3)

  • Mobile app for wellness coaching (Class 9)

  • Online health courses (Class 41)

Each of these falls under a different class. You’d need to file for all four to protect your full brand identity.

Tip: Balance Budget and Risk

You don’t have to register in every possible class at once. Focus on your core offerings, and register for additional classes as your business grows.

How to File for the Right Class

Once you’ve selected the correct class or classes, include them in your trademark application. Be ready to:

  • Describe your goods/services in detail

  • Use approved wording from the classification manuals

  • Pay additional fees for each class beyond the first

EU Trademark Costs (as of 2025)

  • First class: €850

  • Second class: +€50

  • Each additional class: +€150

Prices may vary by country or region, so always check the official website before applying.

When to Consult a Professional

Selecting the correct class can be confusing—especially if your product or service doesn’t fit neatly into one category. It may be worth working with a trademark attorney or consultant if:

  • You're launching a multi-product brand

  • You’re unsure which class applies to your services

  • You want to protect your mark internationally

A professional can also help you avoid rejections and speed up the registration process.

Choosing the right trademark class is essential for protecting your business identity. It defines the legal territory in which your brand is safe from infringement. Whether you’re a new entrepreneur or an established brand entering the EU market, understanding how trademark classes work will help you build a more secure business foundation.