Why Class Selection Is a Strategic Decision
The Nice Classification system — formally the International Classification of Goods and Services — is the global framework used by trademark offices in 150+ countries, including the USPTO, to categorize what a trademark covers. It has 45 classes: classes 1–34 cover physical goods, classes 35–45 cover services.
Your trademark registration protects you only within the classes you file in. This isn't a technicality — it's the foundation of how trademark law works. Nike's trademark on the swoosh in Class 25 (clothing) doesn't automatically protect them in Class 41 (entertainment services) or Class 9 (software). That's why major brands file in dozens of classes: each one is a separate layer of protection.
For a growing startup, class selection requires answering a practical question: where do your competitors operate, and where do you need exclusive rights to prevent confusion? Filing in Class 42 (SaaS) when you primarily sell professional consulting (Class 35) leaves your core service unprotected — and that's the class where a competitor could actually hurt you.
The 10 Most Important Classes for Modern Businesses
Class 9 — Software, Electronics, and Downloaded Content
The most filed class in the modern economy. Covers downloadable software, mobile apps, computer hardware, electronic devices, AI tools, streaming content, and downloaded publications. If your business involves any digital product that is downloaded or installed, Class 9 applies. Note that Software-as-a-Service (SaaS) — software delivered as a service rather than downloaded — falls in Class 42, not Class 9. This distinction trips up many tech founders.
Class 25 — Clothing, Footwear, and Headwear
The primary class for any apparel or fashion brand. Covers clothing, footwear, hats, and accessories worn on the body. If you're selling merchandise — even as a secondary revenue line for a non-fashion brand — you likely need Class 25. Brands that have expanded into branded merchandise (media companies, sports teams, musicians) routinely add Class 25 to their portfolio.
Class 35 — Advertising, Retail, and Business Services
One of the broadest service classes. Covers retail store services (online and physical), advertising services, business management, marketing, and commercial intermediary services. If you operate an e-commerce store, a marketplace, or any kind of retail service, Class 35 is almost certainly necessary. Many tech platforms also file here to cover their advertising or listing services.
Class 41 — Education, Entertainment, and Online Publications
Covers educational services, entertainment (concerts, films, podcasts, streaming), sports, and online publications. Any business with a media component — newsletters, podcasts, YouTube channels, online courses, live events — should evaluate Class 41. Increasingly important for creator economy businesses.
Class 42 — Technology Services and SaaS
The service-side counterpart to Class 9. Covers software-as-a-service, cloud computing, AI services, IT consulting, cybersecurity services, and technical research. If your company sells software on a subscription basis (Salesforce, Slack, any SaaS product), Class 42 is your primary class. This is often filed alongside Class 9 for companies with both downloadable and cloud-delivered products.
Class 43 — Food, Beverage, and Hospitality Services
Covers restaurant services, catering, cafes, bars, hotel and accommodation services. Any food and beverage business — from a single restaurant to a national chain — needs Class 43. Food product manufacturers (selling goods in stores) typically also need Class 29, 30, or 32 depending on what they make.
Class 44 — Medical, Healthcare, and Beauty Services
Covers medical and veterinary services, human health care, beauty treatment, and agriculture. Relevant for healthcare startups, telemedicine platforms, medical practices, beauty salons and spas, and wellness brands delivering services (not just products).
Class 36 — Financial Services and Insurance
Covers banking, financial services, insurance, real estate, and investment services. Essential for fintech companies, financial advisors, insurance products, and real estate platforms. Increasingly relevant as consumer finance brands expand into adjacent services.
Class 38 — Telecommunications and Internet Services
Covers telecommunications services, internet service providers, messaging platforms, and broadcasting. Relevant for communications apps (messaging, VoIP, email platforms), ISPs, and media distribution services.
Class 45 — Legal, Security, and Personal Services
Covers legal services, security services, personal and social services, and online social networking. Relevant for law firms, security companies, dating apps, social platforms, and personal service providers.
Multi-Class Filing: When You Need More Than One
The one-class question is the wrong question for most modern businesses. A fintech company building both a mobile app (Class 9) and financial services (Class 36) needs both — registering in only one leaves the other unprotected. A media brand selling clothing merchandise needs Class 41 (entertainment/media) and Class 25 (clothing).
Each additional class costs another USPTO filing fee ($350 base per class in 2026), but the protection is entirely separate. Filing in 3 classes at $350 each costs $1,050 — still cheaper than a single day of attorney fees if a competitor moves into an unprotected class and forces a dispute. See our 2026 USPTO fee schedule for the full per-class breakdown.
A practical rule: think about where a competitor could use a similar name and cause customer confusion. Those are the classes you need protection in.
Goods Classes vs. Service Classes — A Common Mistake
Many businesses make the mistake of filing only in goods classes when their core revenue comes from services — or vice versa. The distinction matters more than most people realize:
- A company that sells software as a product (downloads, packaged software) → Class 9
- A company that provides software as a service (SaaS subscription) → Class 42
- A company that manufactures and sells food products → Classes 29, 30, 31, or 32 depending on the product
- A company that operates restaurants → Class 43
- A company that does both (packaged food and restaurant) → needs both
When in doubt, you can write a custom description that covers both dimensions within a single class — but you can't cross class lines, and a free-form description adds a $200-per-class surcharge over the standard ID Manual language. If you're genuinely uncertain, a trademark attorney can identify the right classes for your business model in a 30-minute consultation.
The Complete List of All 45 Trademark Classes
Here is the full Nice Classification at a glance. Classes 1–34 are goods; classes 35–45 are services. Use it as a quick reference to shortlist your classes, then confirm exact wording in the USPTO ID Manual.
| Class | Covers |
|---|---|
| 1 | Chemicals for industry and science |
| 2 | Paints, varnishes, colorants |
| 3 | Cosmetics, cleaning preparations |
| 4 | Industrial oils, fuels, candles |
| 5 | Pharmaceuticals, medical supplies |
| 6 | Common metals and goods made of them |
| 7 | Machines and machine tools |
| 8 | Hand tools and implements |
| 9 | Software, electronics, downloadable content |
| 10 | Medical and surgical apparatus |
| 11 | Lighting, heating, cooking, plumbing |
| 12 | Vehicles and transport apparatus |
| 13 | Firearms, ammunition, fireworks |
| 14 | Precious metals, jewelry, watches |
| 15 | Musical instruments |
| 16 | Paper, printed matter, stationery |
| 17 | Rubber, plastics, insulating materials |
| 18 | Leather goods, luggage, bags |
| 19 | Non-metallic building materials |
| 20 | Furniture, mirrors, frames |
| 21 | Household and kitchen utensils |
| 22 | Ropes, nets, tents, sails |
| 23 | Yarns and threads |
| 24 | Textiles and household linen |
| 25 | Clothing, footwear, headwear |
| 26 | Lace, ribbons, buttons, trimmings |
| 27 | Carpets, rugs, wall hangings |
| 28 | Toys, games, sporting goods |
| 29 | Meat, dairy, processed foods |
| 30 | Coffee, bakery, staple foods |
| 31 | Fresh produce, plants, live animals |
| 32 | Beers, soft drinks, juices |
| 33 | Alcoholic beverages (except beer) |
| 34 | Tobacco and smokers' articles |
| 35 | Advertising, retail, business services |
| 36 | Financial, insurance, real estate |
| 37 | Construction, installation, repair |
| 38 | Telecommunications |
| 39 | Transport, packaging, storage, travel |
| 40 | Treatment and processing of materials |
| 41 | Education, entertainment, publishing |
| 42 | SaaS, technology and science services |
| 43 | Restaurants, food service, hotels |
| 44 | Medical, beauty, agricultural services |
| 45 | Legal, security, personal services |
Frequently Asked Questions
What happens if I file in the wrong class?
Your trademark registration is only valid in the classes you filed in. If a competitor uses your brand name in a class you didn't register, you may have limited legal recourse unless you can prove likelihood of confusion — which is harder when there's no direct class overlap. You'd need to file a new application in the correct class, and if the competitor filed before you, you may have lost priority.
Can I add classes to my trademark after it's registered?
No. You cannot amend an existing registration to add new classes. If you need protection in additional classes, you must file a new trademark application for each additional class. The new filing gets its own filing date, which means you may not have the same priority date as your original registration.
How many trademark classes are there?
There are 45 classes in the Nice Classification. Classes 1–34 cover physical goods and classes 35–45 cover services. You register your mark in one or more of these classes, and your protection only extends to the classes you file in.
How do I find the right pre-approved description for my class?
The USPTO's Trademark ID Manual (idm.uspto.gov) contains tens of thousands of pre-approved goods and services descriptions organized by class. Search for terms that describe your offering and use the pre-approved language to avoid the $200-per-class surcharge that applies to custom, free-form descriptions.
Is the Nice Classification the same in every country?
The class numbers and basic categories are standardized across all member countries (150+ countries use the Nice Agreement). However, acceptable goods/services descriptions within each class vary by country — what the USPTO accepts in Class 42 may need to be worded differently for an EU trademark application through EUIPO.