There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.
Each trademark must fall into one or more International Class of goods and/or services. In fact, applicants may use the International Class system to see what other marks exist in similar Classes. By checking the Trademark Classes, a trademark owner can reduce the odds of a Likelihood of Confusion refusal and reduce potential consumer confusion.
For example, two trademarks may be identical in name, but co-exist in different Classes (e.g., DOVE for soap in Class 3, and chocolate in Class 30).
Here, that begs the question: What are Classes, and how many exist? Can you file in one trademark class if your name is taken in another?
Table of Contents
- What Are Trademark Classes?
- If Someone Registers My Trademark in Another Class, Can I Still File?
- Once I File, Can I Add More International Trademark Classes?
- Trademark Classes List
- Trademark Class 1 – Chemicals
- Trademark Class 2 – Paints
- Trademark Class 3 – Cosmetics and cleaning supplies
- Trademark Class 4 – Lubricants
- Trademark Class 5 – Pharmaceuticals
- Trademark Class 6 – Metals
- Trademark Class 7 – Machines
- Trademark Class 8 – Hand Tools
- Trademark Class 9 – Electrical and scientific instruments
- Trademark Class 10 – Medical apparatus
- Trademark Class 11 – Environmental control apparatus
- Trademark Class 12 – Automobiles
- Trademark Class 13 – Firearms
- Trademark Class 14 – Jewelry
- Trademark Class 15 – Music instruments
- Trademark Class 16 – Paper and printed material
- Trademark Class 17 – Rubber goods
- Trademark Class 18 – Leather goods
- Trademark Class 19 – Non-metallic building materials
- Trademark Class 20 – Furniture
- Class 21 – Houseware and glass
- Class 22 – Cordage and fibers
- Class 23 – Yarns and threads
- Class 24 – Fabric
- Class 25 – Apparel
- Class 26 – Fancy goods
- Class 27 – Floor coverings
- Class 28 – Toys and sports goods
- Class 29 – Meats and processed goods
- Class 30 – Staple foods
- Class 31 – Agricultural products
- Class 32 – Light beverages
- Class 33 – Wines and spirits
- Class 34 – Smokers’ articles
- International Trademark Class 35 – Advertising and business services
- International Trademark Class 36 – Insurance and financial services
- International Trademark Class 37 – Building construction and repair services
- International Class 38 – Telecommunications services
- International Class 39 – Transportation and storage services
- International Class 40 – Treatment of material services
- International Class 41 – Education and entertainment services
- International Trademark Class 42 – Computer and scientific services
- International Trademark Class 43 – Hotels and restaurant services
- International Trademark Class 44 – Medical, beauty, and agricultural services
- International Trademark Class 45 – Personal and legal services
- Why Do We Need an International Trademark Class System?
- Are Some Key Differences Between International Trademark Classes?
- Should I File In as Many Trademark Classes As Possible?
- What Happens If I Select The Wrong International Classes?
- Conclusion: International Classes
What Are Trademark Classes?
First, the terms “International Trademark Classes,” “International Classes,” and “trademark classes” mean the same thing. I use them interchangeably.
In fact, every good and/or service falls into at least 1 out of 45 different International Classes. Sometimes goods and/or services may fall into more than 1 Trademark Classes.
For example, if I own a software business service that also sells downloadable digital videos, I can file in two International Classes. Accordingly, the two Trademark Classes are Class 42 for software as a service (SaaS) and Class 9 for digital videos.
If Someone Registers My Trademark in Another Class, Can I Still File?
It depends. So long neither the International Trademark Classes are unrelated (i.e., they are not “Coordinated Classes”). In addition, goods and/or services between the two must not travel in the same trade channels.
For example, DELTA is a trademark for airline services in International Class 39, and faucets in Class 11. Here, the nature of these goods and/or services are so different, and they do not travel in the same trade channels, there is no consumer confusion. On the other hand, if the goods and/or services are too close or overlapping (e.g., toys (Class 28) and electronics (Class 9) overlap), there is a higher risk of receiving a Likelihood of Confusion refusal. Accordingly, identical names can co-exist on the trademark register.
Once I File, Can I Add More International Trademark Classes?
My clients often ask me whether they can “add” an International Trademark Class after filing. The answer is “yes, but not to the same application.” In other words, if you wish to add one or more International Classes to an application, then you must file a new application with the new class(es). As such, the USPTO will allow you to “clarify or limit, but not to broaden, the identification of goods and/or services.” TMEP § 1402.06.
Trademark Classes List
The complete list of 45 Trademark Classes is as follows: Goods are in Classes 1 through 34, while Services are in Classes 35 through 45.
Trademark Class 1 – Chemicals
International Trademark Class 1 includes chemicals for use in myriad industries like agribusiness, photographic films, and ingredients in cosmetic and medical preparations.
Among others, some common items include:
- base chemicals
- sensitive paper for use in film photography
- salt to preserve items other than food
- cosmetic ingredients
- pharmaceutical ingredients
- mineral, vegetable, and ceramic materials
- putties and other paste fillers
Trademark Class 2 – Paints
International Class 2 includes items such as lacquers, paint, varnishes for wood; pigments and dyes for and natural resins for paint; metals in powder form for art
Specifically, this Class includes:
- paints, varnishes, and lacquers, including thinners and thickeners
- mordants for wood and goods made of leather
- anti-rust oil
- dyes for clothing, foods, and liquids
Trademark Class 3 – Cosmetics and cleaning supplies
Trademark Class 3 includes items in the cosmetic and cleaning industries, primarily for use in the home. Common items here are found in both the home and clinic:
Among others, this popular Class includes:
- tissues with cosmetic creams
- eyelash and hair extensions
- room scent sprays
- nail stickers
Trademark Class 4 – Lubricants
International Trademark Class includes greases and oils that are used in industry to lubricate machine parts. Fuels and candles are also found in this Class.
Some common examples are:
- fuel for use in cars and biofuel
- candle wicks
- wood for fuel
- greases for leather preservation
Trademark Class 5 – Pharmaceuticals
International Class 5 is popular. It includes sanitary preparations for medical purposes and hygiene. In addition, you can find food for nutritional and herbal supplements in this Class.
Common items in Class 5 are:
- medicated soap, lotions, shampoos, and conditioners
- non-toiletry, medicated sanitary preparations for personal hygiene
- nutritional supplements, such as dietary supplements, herbal remedies, and items intended to benefit human health
Trademark Class 6 – Metals
Trademark Class 6 includes metal goods such as metal ores, and alloys used to build or transport metal. In addition, this class includes non-electric wires, small metal hardware, and metal containers:
Generally, items in this Class are finished or unfinished metal products such as:
- metallic foil and power for use in a various industry
- building materials such as copper wires and steel used in home construction
- metal screws, bolts, fasteners
- movable buildings such as fabricated homes and animal cages
- statutes, busts, and other metal artworks
Trademark Class 7 – Machines
International Trademark Class 7, includes machine and machine parts that are useful in excavation, coupling, motor-driven tools, and automated dispensers.
Among others, common items found within Class 7 include:
- machine parts such as mufflers, transmissions, and engines
- 3D printers and industrial robots
- excavation machines, tractors, combines, plows, and harvesting machines
Trademark Class 8 – Hand Tools
International Class 8 includes hand tools used primarily for handy work such as cutlery, carpentry tools, and agriculture.
Common hand-operated tools in Class 8 include:
- cutlery for table use such as knives
- items for curling hair, manicure, and pedicure
- chisels, engraving tools, and other handy-craft tools
- agriculture and gardening tools like plows and spades
Trademark Class 9 – Electrical and scientific instruments
Trademark Class 9 is one of the top five Classes. Class 9 includes a variety of electrical equipment as well as scientific apparatuses. Equipment within this Class includes items for distributing electricity, switching, transforming, and regulating electric currents. This Class also includes instruments that record, download, store, and media such as computers.
Among others, some common items in Class 9 include:
- batteries and chargers
- wearable technology such as smartwatches
- 3D headsets for virtual reality
- smartphones phones and mp3 audio players
- downloadable video and audio files
- security cameras
- magnets and GPS systems
- fire-proof and life-saving equipment, mouthguards, Kevlar suits
- optical instruments, such as corrective eyeglasses, microscopes, contact lenses
Trademark Class 10 – Medical apparatus
Class 10 includes medical apparatus items. This Class includes items that are found in the clinical environment such as medical support instruments. Items in this Class are used to assist persons with physical conditions.
Here, common items include:
- compression socks, bandages used to improve mobility,
- clothing for medical purposes such as straitjackets, insoles for shoes, and knee braces
- menstrual and reproductive health items such as pessaries, contraceptives, and forceps
Trademark Class 11 – Environmental control apparatus
Trademark Class 11 includes equipment that controls residential and commercial properties.
As such, common items in this Class include:
- stoves, lamps, bath fittings, and toilets
- sterilizers and incinerators
- air-conditioning and heating apparatuses
- electric heating pads, blankets, and electrically-heated clothing
Trademark Class 12 – Automobiles
This Class includes vehicles by land, air, and sea.
Among other things, common vehicle apparatuses include:
- motors, engines, and transmission parts for land vehicles
- remote-controlled vehicles
- car tires, threads for cars, bumpers, and other vehicle-related accessories.
Trademark Class 13 – Firearms
Class 13 includes firearms and related products of explosive nature.
Here, some common items found in Class 13 are:
- pistols, rifles, and other weapons
- personal defense spray, such as mace
- bandoliers, air pistols (not toys), flare guns, and hunting arms
Trademark Class 14 – Jewelry
Class 14 is a popular Class that includes jewelry and precious metals used to create jewelry. Items in this Class are intended to adorn human figures but may include parts of items, such as watch movements.
As such, common items include:
- necklaces, bracelets, beads, cuff links, and charms
- key rings and chains
- jewelry charms and boxes
- parts for watches such as watch movements, springs, clocks, and crystals
Trademark Class 15 – Music instruments
This Class includes music instruments and related accessories.
Among other things, common items in Class 15 include:
- stringed instruments, such as guitars, ukuleles, banjos, mandolins, and violins
- vocal instruments, such as records, flutes, and saxophones
- percussion instruments, such as drums, cymbals, pedals, and pianos
- tuning forks and hammers
Trademark Class 16 – Paper and printed material
Class 16 includes printed materials such as books, stationery, cardboard, and paper goods. It is a common Class in which office items and stationery are commonly found.
Common items include:
- books, paper goods, paper cutters, document holders, paper clips, and scrapbooks
- posters, disposable paper products, and paper-based table linen
- office machines such as typewriters, franking machines, and pencil sharpeners
- paper bags, plastic sheets, films and bags for wrapping, and disposable paper
Trademark Class 17 – Rubber goods
Trademark Class 17 includes rubber goods, plastics and resins, and flexible pipes.
Some examples include:
- adhesive tapes not for stationary
- elastic threads not for textiles
- plastic films not for wrapping, such as window films
Trademark Class 18 – Leather goods
Class 18 includes leather and imitation leather goods. Items in this class are made from animal skins and include:
- leather purses, carrying bags, suitcases, baggage, and luggage
- wallets and leather holders
- other cases made from leather
Trademark Class 19 – Non-metallic building materials
This trademark class includes non-metallic building material.
As such, some examples in Class 19 include:
- safety glass, terra-cotta, clay, marble, gravel, and limestone for building purposes
- roofing materials not made from metal
- wood-based materials such as planks, beams, and veneers
- non-metallic scaffolding and support systems
Trademark Class 20 – Furniture
Furniture is found in International Class 20. This is a popular Class that encompasses home furnishings. Additionally, Class 20 includes office furnishings and similar goods.
Here, some common examples are:
- bed furnishings, such as pillows, mattresses, and wooden bedframes
- decorative wooden boxes made to hold towels and bathroom accessories
- sofas, armoire, and coffee tables
Class 21 – Houseware and glass
Class 21 includes utensils for the household and kitchen. In addition, this trademark class includes cosmetic and toilet utensils, as well as glassware.
As such, common items included in Class 21 are:
- household and kitchen utensils such as mixing spoons, tongs, and ladles
- bottles, pails, cocktail shakers, and pressure cookers
- pepper grinder, nutcrackers, pestles and mortars, and dish stands
- gardening gloves, watering cans, and water hose nozzles
Class 22 – Cordage and fibers
This International Class includes items such as ropes, strings, synthetic textiles, and cushioning material.
Here, some common items include:
- cords and textile fibers
- fishing nets, hammocks, and rope ladders
- textile packing bags
Class 23 – Yarns and threads
International Trademark Class 23 includes items for textile use, such as yarns and threads.
For instance, the trademark class 23 includes:
- elastic, plastic, and fiberglass threads for textiles
- embroidery threads
- spun silk, cotton, and wool
Class 24 – Fabric
Trademark Class 24 includes textiles and household linen.
For example, class 24 has the following items:
- pillow covers, towels, linen, and bedsheets
- sleeping bags and liners
- mosquito nets
Class 25 – Apparel
One of the more popular International Classes, Class 25 includes apparel of all manner.
As such, Class 25 includes:
- clothing, such as pants, shirts, hats, belts, and shoes
- sports apparel such as golf gloves, gymnasts’ uniforms, and rock-climbing shoes
- boots, boat shoes, formalwear, bras, underwear, and gloves
Class 26 – Fancy goods
Class 26 includes fancy goods such as haberdashery and lace.
As such, common items within this class include:
- powdered wigs and false hair, such as toupees,
- hair bands and hairnets
- zippers and buckles
- artificial Christmas wreaths
Class 27 – Floor coverings
Trademark Class 27 includes common floor and wall coverings such as carpets, rugs, and mats.
Class 27 commonly includes the following:
- mats as floor coverings such as rugs, gym mats, carpets, and yoga mats
- automobile mats and linoleum
Class 28 – Toys and sports goods
International Trademark Class 28 includes toys and sports goods. In addition, this Class also has items for novelty and hunting.
Common items found within International Class 28 are:
- sports goods, such as free weights, dumbbells, and other instruments for exercise
- hunting and fishing equipment such as rods, nets, and decoys
- children’s toys, toy trucks, and Barbie dolls
Class 29 – Meats and processed goods
Among other things, International Class 29 includes meat, fish, poultry, dried fruits, and vegetables.
Common examples include:
- milk beverages and milk substitutes (e.g., soya milk)
- meats, such as jerky and beef
- fish and poultry
- eggs and egg substitutes for human consumption
Class 30 – Staple foods
International Trademark Class 30 includes a wide product assortment involving staple foods. Staple foods include coffee, tea, pasta, flour, cereals, sugar, chocolate, salt, seasonings, and spices:
Here are some notable examples include:
- coffee and tea beverages
- cereals, such as rice, corn chips, flakes, and barley
- chocolate covered foods
- spices, salts, and seasoning used to preserve or enhance the taste
Class 31 – Agricultural products
Trademark Class 31 includes raw agricultural products, timber, raw seeds, and fresh herbs.
Among other things, some common examples include:
- fresh fruits and vegetables
- timber (not processed)
- fresh mushrooms and truffles
- animal litter
Class 32 – Light beverages
Among other materials, International Class 32 includes light beverages such as beers. It also includes non-alcoholic beverages such as fruit juices and ingredients for making beverages.
Here, some examples are:
- non-alcoholic beverages and soft drinks
- energy drinks and protein shakes
- fruit extracts used to create beverages
Class 33 – Wines and spirits
International Trademark Class 33 includes wines and liquors.
As such, Class 33 includes the following:
- cider and bitters
Class 34 – Smokers’ articles
Trademark Class 34 includes tobacco and its substitutes such as e-cigarettes.
For instance, some examples include:
- tobacco and cigars
- flavorings used in e-cigarette cartridges
- smoking accessories such as lighters, ashtrays, snuff boxes, and humidors
International Trademark Class 35 – Advertising and business services
Class 35 is the very first and most popular service Class. This Class includes services involving assistance with retail store services, business ventures, advisory services, and commercial management.
Among other things, this Class includes the following services:
- online retail store services
- gathering goods for sale in person or online through the internet
- advertising and public relations
- accounting and administrative functions, such as bookkeeping, tax preparation, and auditing.
International Trademark Class 36 – Insurance and financial services
International Class 36 includes real estate, banking, and other financial services.
This Class often features the following service offerings:
- money exchanges, ETFs, issuing traveler’s checks, and processing credit cards
- real estate matters, such as real estate apartment rentals, management, and collections
- financings, such as loan issuance, lease financing, and credit issuance
International Trademark Class 37 – Building construction and repair services
Trademark Class 37 includes building installation and repair, mining, and gas drilling services.
Among other things, services found in this Class include:
- home and office repair services such as heating, air conditioning, and ventilation (HVAC) installation and repair, roofing, and plumbing
- construction services, such as road repair, maintenance, and excavator rentals
- restoration services, such as restoring antiques, furniture, and heirlooms
International Class 38 – Telecommunications services
International Class 38 involves data transmission and broadcasting. This Class does not include streaming shows and video games for entertainment; Class 41 covers entertainment services for streaming shows and video games.
As such, common services within this Class include:
- transmitting video and audio files, email, and files
- broadcasting video and audio services, such as providing radio and television broadcasts
- providing online broadcasting portals, such as hosting forums and chatrooms
International Class 39 – Transportation and storage services
Trademark Class 39 includes transportation and storage services. This includes the transport of people and material over land, sea, and air as well as warehouse storage services.
Among other things, common services include:
- the airline, air freight, and cargo services
- rental vehicles and chauffeuring services
- travel services involving an intermediary such as visitor’s visas, travel services, and tourism
- warehouse storage services
- goods packaging and labeling services
International Class 40 – Treatment of material services
International Trademark Class 40 includes the treatment of material services through chemical and non-chemical means.
In fact, common services in Class 40 include:
- pigmenting garments and applying matte or chrome finishes to cars
- services that involve cutting, scraping, and replacing metal
- the food science treatment, such as drying and freezing
International Class 41 – Education and entertainment services
A popular Class, International Class 41 includes education and entertainment services.
Class 41 services involve educating or entertaining individuals, such as:
- organizing and conducting educational events online or in-person, providing non-downloadable classes and workshops, podcasts, and e-sports
- cultural and entertainment services such as photography, cinema, and dance
- ticket and booking reservations for sporting events
- online gaming, e-sports, and live-streaming on entertainment platforms
- provide information services such as online blogs, how-to-guides, and helpful information on a variety of subjects
International Trademark Class 42 – Computer and scientific services
International Trademark Class 42 involves scientific and computer services.
Among others, common services found within this Class are:
- Providing software as a service (SaaS) or platform as a service (PaaS)
- Engineering and surveying consulting services
- Architectural planning
International Trademark Class 43 – Hotels and restaurant services
International Class 43 includes hospitality services, such as hotels and restaurants.
Here, common services include:
- bed and breakfast, hotels, and vacation rentals
- restaurants such as diners, brunch restaurants, and eateries
- lounge and smoking establishments such as nightclubs, bars, and hookah lounges
- other hospitality services, such as retirement homes and assisted living
International Trademark Class 44 – Medical, beauty, and agricultural services
Trademark Class 44 includes medical, beauty, and agricultural services.
Among others, common services include:
- medical services, such as hospitals, clinics, telemedicine, and mental health therapy
- beautician and spa services, such as spas, nail and hair salons
- pharmacy, dental, and medical examination services
- animal grooming services
International Trademark Class 45 – Personal and legal services
Finally, International Class 45 includes legal and personal services. These services encompass services aimed at assisting individuals to protect themselves and their assets.
Common Class 45 services include:
- legal services
- funeral home services
- detective and investigatory services
Why Do We Need an International Trademark Class System?
The USPTO uses the term “International Class” to refer to the “Nice Agreement” – a treaty that standardized International Classes worldwide. In the past, each country used its own “code” to list the type of goods and/or services that businesses sold.
For instance, an item that the United States listed in Class 11 would approximate to Australia’s Class 20. As you can imagine, this produced irregularities when multinational corporations decided to file in more than one country. Hence, the need for one global classification system.
Are Some Key Differences Between International Trademark Classes?
Generally, there are many differences between the International Trademark Classes. However, the biggest difference is between “goods” versus “services.” As explained above, goods are found in trademark classes 1 through 34, while services are found in classes 35 through 45.
Here, goods refer to the generic term meaning an item with “economic utility or [that] satisfies an economic want.” On the other hand, a service generally refers to a business or principal “activity.”
Should I File In as Many Trademark Classes As Possible?
No. You should file in the Classes in which you are primarily either:
- currently selling goods and/or services, or
- in which you reasonably intend (a “bona fide intent”) to sell goods and/or services.
Selecting more than one International Class may become pricy. The USPTO trademark filing fee is multiplied by the number of International Class selected. For instance, each application is either $250 or $350. Therefore, it is easy to pay $500-$700 for two classes, or $750 to $1,050 for three trademark classes, and so on. Of course, this does not take into consideration renewals and other maintenance fees.
Related: How Much Does It Cost to Trademark (2022 Update)?
What Happens If I Select The Wrong International Classes?
You should be careful in selecting the appropriate International Trademark Class. Selecting the wrong International Class could lead to a rejection letter called an “Office Action.”
Related: Trademark Office Action Responses
Expanding Trademark Classes Is Prohibited
For instance, after you file a trademark, an Examining Attorney will review your application to ensure the correct International Class is selected. In addition, the Examining Attorney will attempt to review your “specimen” if filed or when eventually filed. Simply put, a specimen is simply proof of use in commerce.
Applications struck down often feature specimens not displaying the associated goods and/or services with the mark. Because “expanding” a trademark’s description (officially called an “identification”) is prohibited, the USPTO will refuse to register a trademark.
Example of Selecting the Wrong Trademark Class
For example, Al files for LUCKY-CAPONE WINERY in Class 33 for “wine bottles” as well as “winemaker.” Because Al is so busy with his other business, Al forgets to include “wine-tasting services.” Here, Al attaches a brochure as a specimen, showing his wine bottles and their prices. In this scenario, the USPTO stops Al’s application. Here, the USPTO notes that Al only filed in Class 33, but “winemaker”, a service, is found in Class 39. In addition, Al also wants to add “wine-tasting services” too—sadly, wine-tasing is in Class 43. As such, the USPTO refuses, explaining that expanding a trademark International Class is prohibited. TMEP § 1402.06.
Accordingly, the best Al can do is to either (1) pay the extra filing fee for a winemaker in Class 39, or (2) file a new application including “winemaker” in Class 39 and “wine-tasting services” in Class 43.
Conclusion: International Classes
In summary, carefully selecting International Classes plays a major role in proper trademark filing. Mistakes here could lead to a potentially fatal Office Action refusal. As such, you should discuss your questions about Trademark Classes with your trademark attorney.
In conclusion, I recommend reaching out to me if you have questions about International Trademark Classes. In fact, my firm offers an easy, 3-step process; fill out this online form and I will handle your trademark. Finally, Syed Law takes the guesswork out of the trademark registration process and helps you protect your brand with value-based services.
You must be logged in to post a comment.