Key takeaways
- The USPTO uses 45 international classes, and fees are charged per class.
- Pick classes by what you actually sell today, plus what you will sell soon.
- Wording matters as much as the class number — use the USPTO ID Manual entries where you can.
- Too broad invites refusals and wasted fees; too narrow leaves gaps a competitor can use.
What trademark classes are
The Nice Classification system divides all goods and services into 45 classes. Classes 1 through 34 cover goods, and classes 35 through 45 cover services. The USPTO uses these classes to organize applications and set filing fees. Importantly, trademark protection is class-specific: the same word can be registered by different owners in unrelated classes, like Delta for faucets and Delta for airlines.
Goods examples
Class 25: clothing, footwear, headwear. Class 9: software, electronics, downloadable apps. Class 30: coffee, tea, baked goods.
Services examples
Class 35: retail store services, advertising, business management. Class 41: education, training, entertainment. Class 42: software-as-a-service and technical consulting.
How to find the right class and wording
Start with the USPTO's ID Manual, a free searchable database of pre-approved identifications of goods and services. A pre-approved ID is accepted faster and avoids surcharges. If your exact offering is not listed, you can propose a custom identification, but it must be clear, accurate, and limited to the specific goods or services you offer.
- List every product and service you currently sell or plan to sell within the next two to three years.
- Search the ID Manual for each item and note the class number and the exact pre-approved wording.
- If you cannot find a match, draft a short, specific description of what you actually sell.
- Group the results by class number. Each class will require a separate USPTO fee.
- Avoid overbroad language like 'all goods and services' or 'retail store services featuring a wide variety of goods' unless it truly describes your business.
The class is not the same as your industry
A SaaS company might file in Class 42 for software hosting and Class 9 for the downloadable app. A restaurant might file in Class 43 for restaurant services and Class 30 for packaged sauces. The right class depends on what the consumer buys, not what you call your company.
Single class vs. multi-class strategy
The USPTO charges a base fee per class. Filing in one class keeps initial costs low, but it can be shortsighted if you expand into related products later. Adding a class after filing is not possible — you must file a new application for goods or services not covered by the original identification.
| Situation | Best approach |
|---|---|
| You sell one type of product in one class | Single-class filing. Cheapest and cleanest. |
| You sell a product plus related services | Multi-class filing. Protects both the product and the customer-facing service. |
| You are a startup still testing the product | File in the class you will definitely use; add later with a new application if needed. |
| You license or franchise the brand | Multi-class filing to cover all current and near-term offerings. |
Common class mistakes that hurt applications
- Copying a competitor's classes without checking whether they match your actual goods or services.
- Filing in Class 35 'retail store services' when you only sell your own products online; this is the wrong class for most direct-to-consumer brands.
- Using a vague identification that invites a USPTO refusal or a requirement for more detail.
- Forgetting services entirely. A software company may need Class 42 for SaaS in addition to Class 9 for the app.
- Filing in a class you do not use, which can weaken the registration and complicate maintenance proofs.
Classes and your clearance search
A proper trademark search must cover your classes and related classes. If you sell beer in Class 32 and also run a restaurant in Class 43, you need to search both classes. The same mark in a related class can still create a likelihood of confusion refusal.
Our step-by-step search guide covers how to map classes before you search the USPTO database. Getting the class right before searching saves you from false positives and missed blockers.
Frequently asked questions
- How many classes can a trademark application have?
- There is no hard limit, but each class requires a separate USPTO base fee. Most small businesses file in one to three classes. Adding classes you do not actually use can weaken the registration and invite refusal.
- Can I change the class after filing?
- You cannot broaden the identification of goods or services after filing. You can narrow or clarify it, but you cannot add new classes or goods that were not originally claimed. If your business expands, you file a new application.
- What is the difference between pre-approved and custom identifications?
- Pre-approved identifications come from the USPTO ID Manual and are accepted without extra review. Custom identifications describe your specific offering but are reviewed by the examining attorney and may trigger a surcharge or require clarification.
- Do I need a lawyer to choose classes?
- Not always, but it is the most common reason self-filed applications get rejected or stuck. A lawyer can map your real business to the right classes, avoid overbroad wording, and plan for expansion.