Navigating the 45 Different Trademark Classes
The United States Patent & Trademark Office (USPTO) uses what is called the Nice Classification of Goods and Services. The Nice Classification is the standard used by the majority of countries around the world that register trademarks. Basically, the USPTO divides trademarks into 45 different categories. 34 of these categories identify products and 11 categories identify services. These categories are called “international classifications” (or simply “classes”) and are used by the USPTO to differentiate and keep track of the hundreds of thousands of trademarks that are registered in its databases every year. The trademark class system is also used to determine whether certain goods and services are related and whether such goods and services travel in the same channels of trade.
A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services. Therefore, a trademark applicant applying for a federal trademark must: (1) select the appropriate trademark classification in connection with the goods and/or services to be provided; and (2) appropriately identify and describe the goods and/or services in connection with the appropriate trademark classification.
If a trademark applicant seeks to register a trademark in the wrong class, or improperly identifies the goods and/or services to be provided, the application may be refused and all USPTO fees are generally nonrefundable. Our trademark attorneys see misclassification issues frequently and it is a hard pill to swallow for many applicants when they lose all their money paid to the USPTO during the application process – which, if applying in multiple classes, can be significant. It is important to note that holding multiple trademark registrations covering multiple trademark classes is not uncommon for companies that provide a broad spectrum of good and services.
While trademark classifications are an essential part of the registration process, they can be very hard to understand. Spending time to understand and research the appropriate international trademark classifications prior to submitting a trademark application is critically important. For example, trademark class 25 includes primarily clothing, hats, and shoes, while class 14 covers jewelry, watches, and clocks. Similarly, if a trademark is used in connection with financial planning services, it would fall into class 36. But, if the same trademark was used for providing financial planning seminars, courses, classes, workshops, it would be classified in class 41. Further, if the same trademark was used for providing financial planning publications, namely books, study guides, and other printed instructional/educational materials, it would be categorized as class 16. As you can see, selecting the appropriate trademark classifications can get complicated!
Related Trademark Classes
The USPTO has identified certain “coordinated classes” or related classes for certain goods and services. We have included these “coordinated classes” with each trademark class entry below. The USPTO considers these classes related for trademark search and clearance purposes. For example, class 25 (clothing) has several coordinated or related classes, including class 14 (jewelry), class 18 (leather goods), and class 35 (advertising and business services). This is because many companies that offer clothing also offer jewelry from class 14, leather handbags from class 18, and retail store services from class 35. So if you sell clothing, a consumer could reasonably expect that you also sell goods from classes 14 or 18, or offer services from class 35.
Class 1: Chemicals
Class 1 includes mainly chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes. Examples: fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; unprocessed plastics; chemical substances for preserving foodstuffs; adhesives used in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science. This class generally does not include fungicides, herbicides and preparations for destroying vermin, raw or semi-processed resins, chemicals for medical or veterinary purposes.
Coordinated Classes:
Class 2: Paints
Class 2 includes mainly paints, colorants, dyes, inks for printing, marking and engraving, and preparations used for protection against corrosion. Examples: paint; lacquer; varnish; preservatives to protect against rust and deterioration of wood; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art. This class generally does not include inks for stationary purposes, insulating paints and varnishes.
Coordinated Classes:
Class 3: Cosmetics and Cleaning Preparations
Class 3 includes mainly non-medicated cosmetics and toiletry preparations, as well as cleaning preparations for use in the home and other environments, non-medicated detrifices, perfumery, and essential oils. Examples: bleaching and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soap; perfume; cosmetics; hair lotions. This class generally does not include vitamins, preservatives and antioxidants, medicated shampoos, soaps and lotions, cosmetic cleaning instruments, cloths, pads and rags for cleaning.
Coordinated Classes:
Class 4: Lubricants, Fuels, Industrial Oils
Class 4 includes mainly industrial oils and greases, wax, lubricants, fuels and illuminants. Examples: lubricants; wetting and binding compositions; fuels; dust absorbing; candles and wicks for lighting. This class generally does not include certain special industrial oils, oils for the preservation of wood, anti-rust oils and greases, essential oils, massage candles for cosmetic purposes, certain special waxes, cigarette lighters.
Coordinated Classes:
Class 5: Pharmaceuticals
Class 5 includes mainly pharmaceuticals and other preparations for medical or veterinary purposes. Examples: dietetic food and substances modified for medical or veterinary use; food for babies; dietary supplements for humans and animals; plasters, materials for dressings; disinfectants; sanitary preparations for medical purposes. This class does not generally include bandages, diapers, sanitary preparations for personal hygiene other than toiletries, dietary supplements, medicated shampoos, soaps, lotions, dietetic food and beverages.
Coordinated Classes:
Class 6: Metal Goods
Class 6 includes mainly unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals. Examples: common metals and their alloys; metal building materials; transportable buildings of metal; metal materials for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. This class generally does not include electric cables, cages for household pets, paper clips, furniture, kitchen utensils, household containers, flexible pipes, tubes and hoses not of metal.
Coordinated Classes:
Class 7: Machinery
Class 7 includes mainly machines and machine tools, motors and engines. Examples: machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); motor parts, electric cleaning machines and supporting apparatus, agricultural implements other than hand-operated; incubators for eggs. This class does not usually include hand tools and hand operated equipment or tools and motors for vehicles.
Coordinated Classes:
Class 8: Hand Tools
Class 8 includes mainly hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting and piercing. Examples: hand tools and hand operated implements; cutlery; side arms; electric razors and clippers. This class does not usually include surgical cutlery, paper knives, fencing gear and weapons and machine tools and implements driven by a motor. This class generally does not include machine tools, surgical cutlery, firearms, pumps for bicycle tires, pumps for sporting equipment, kitchen utensils.
Coordinated Classes:
Class 9: Computers, Electrical and Scientific Devices
Class 9 includes mainly apparatus and instruments for scientific or research purposes, audiovisual and information technology equipment, as well as safety and life-saving equipment. Examples: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. This class generally does not include joysticks for video games, industrial robots, toy robots, heart rate monitoring equipment, diving lights, clothing and equipment worn for certain sports.
Coordinated Classes:
Class 10: Medical Supplies
Class 10 includes mainly surgical, medical, dental and veterinary apparatus, instruments and articles generally used for the diagnosis, treatment or improvement of function or condition of persons and animals. Examples: surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. This class generally does not include wheelchairs and mobility scooters, massage tables, hospital beds, electronic cigarettes.
Coordinated Classes:
Class 11: Appliances
Class 11 includes mainly environmental control apparatus and installations, in particular appliances for the purposes of lighting, cooking, cooling and sanitizing. Examples: apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. This class generally includes air conditioners, electric cooking utensils, electric blankets, hot water bottles and other heated products not used for medical purposes. This class generally does not include air condensers, generators, lamps for medical purposes, signalling lights.
Coordinated Classes:
Class 12: Vehicles
Class 12 includes mainly vehicles and apparatus for the transport of people or goods by land, air or water. Examples: vehicles; motors and engines for land vehicles; parts of vehicles, such as, bumpers, windscreens, steering wheels, tires; apparatus for locomotion by land, air or water. This class generally does not include scooters, tricycles, certain special vehicles not for transportation, fire engines, tea carts, certain parts for vehicles, motors, engines, parts of all kinds of motors and engines.
Coordinated Classes:
Class 13: Firearms
Class 13 includes mainly firearms and pyrotechnic products. Examples: firearms; ammunition and projectiles; explosives; pyrotechnical products and fireworks. This class generally does not include blades as weapons, flaming torches, toy air pistols, matches, flares.
Coordinated Classes:
Class 14: Jewelry, Precious Metals
Class 14 includes mainly precious metals and certain goods made of precious metals or coated therewith, as well as jewelry, clocks and watches, and component parts therefor. Examples: precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; chronometric instruments. This class generally does not include smartwatches, charms or cutlery.
Coordinated Classes:
Class 15: Musical Instruments
Class 15 includes mainly musical instruments, their parts and their accessories. Examples: musical instruments including mechanical pianos and accessories; music boxes, and electrical musical instruments. This class does not generally include recording equipment and devices for music transmission and reproduction.
Coordinated Classes:
Class 16: Paper Goods and Printed Matter
Class 16 includes mainly paper, cardboard and certain goods made of those materials, as well as office requisites. Examples: paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Coordinated Classes:
Class 17: Rubber Goods
Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain goods made of rubber, gum, asbestos, mica or substitutes therefor. Examples: rubber, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Coordinated Classes:
Class 18: Leather Goods
Class 18 includes mainly leather, imitations of leather and certain goods made of those materials. Examples: leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travel bags; umbrellas and walking sticks; whips, harness and saddles. This class usually does not include leather clothing, footwear and hats.
Coordinated Classes:
Class 19: Building Materials
Class 19 includes mainly materials, not of metal, for building and construction. Examples: building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal; veneers; and building glass and glass tiles. This class generally does not include cement preservatives and fireproofing preparations.
Coordinated Classes:
Class 20: Furniture
Class 20 includes mainly furniture and parts therefor, as well as certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic. Examples: furniture, furniture parts, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; mattresses, spring mattresses, and pillows. This class generally does not include linen for bedding and special furniture for laboratory and medical use.
Coordinated Classes:
Class 21: Housewares, Glass and Utensils
Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use, as well as cosmetic and toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware, terra-cotta or glass. Examples: household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. This class generally does not include electric-driven kitchen appliances.
Coordinated Classes:
Class 22: Cordage, Fibers, Ropes and Textile Products
Class 22 includes mainly canvas and other materials for making sails, rope, padding, cushioning and stuffing materials and raw fibrous textile materials. Examples: ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. This class generally does not include strings for musical instruments.
Coordinated Classes:
Class 23: Yarns and Threads
Class 23 includes mainly natural or synthetic yarns and threads for textile use. Examples: yarns and threads for textile use.
Coordinated Classes:
Class 24: Fabrics, Textiles
Class 24 includes mainly fabrics and fabric covers for household use. Examples: textiles and textile goods, not included in other classes; bed and table linens. This class generally does not include electric blankets.
Coordinated Classes:
Class 25: Clothing
Class 25 includes mainly clothing, footwear and headwear for human beings. Examples: Clothing, shoes, hats. This class does not include bibs of paper (i.e., baby bibs), handkerchiefs, clothing for animals, dolls clothes, paper party hats, certain clothing for special use (i.e., protective helmets, clothing for protection against fire).
Coordinated Classes:
Class 26: Fancy Goods, Lace and Embroidery
Class 26 includes mainly dressmakers’ articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes. Examples: lace and embroidery, ribbons and braid; buttons, certain hooks and eyes, certain fasteners, pins and needles; artificial flowers. This class generally does not include yarns and threads for textile use.
Coordinated Classes:
Class 27: Floor Coverings, Carpets
Class 27 includes mainly products intended to be added as coverings to previously constructed floors and walls. Examples: carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). This class does not include floors, floorings and floor tiles of metal and not of metal, wooden floor boards, wall hangings of textile.
Coordinated Classes:
Class 28: Games, Toys and Sporting Goods
Class 28 includes mainly toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees. Examples: games and playthings; gymnastic and sporting articles not included in other classes; non-food decorations for Christmas trees. This class generally does not include clothing items for sports, sex toys and love dolls, diving equipment, certain gymnastic and sporting articles, as well as, certain fishing and hunting equipment.
Coordinated Classes:
Class 29: Meats, Fish, Poultry and Processed Foods
Class 29 includes mainly foodstuffs of animal origin, as well as vegetables and other horticultural comestible products which are prepared or preserved for consumption. Examples: meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. This class generally does not include baby food, salad dressings, processed seeds for use as a seasoning, foodstuffs for animals, chocolate covered nuts.
Coordinated Classes:
Class 30: Staple Foods, Coffee, Flour, Rice
Class 30 includes mainly foodstuffs of plant origin, except fruits and vegetables, prepared or preserved for consumption, as well as auxiliaries intended for the improvement of the flavor of food. For example: coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. This class generally does not include baby food and animal food, dietary supplements, raw cereals, milk beverages flavored with coffee, cocoa or tea, fresh herbs.
Coordinated Classes:
Class 31: Grains, Agricultural Products
Class 31 includes mainly land and sea products not having been subjected to any form of preparation for consumption, live animals and plants, as well as foodstuffs for animals. Examples: agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. This class generally does not include tobacco, rice, dietary supplements, artificial fishing bait.
Coordinated Classes:
Class 32: Beers and Beverages
Class 32 includes mainly non-alcoholic beverages, as well as beer. Examples: beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. This class generally does not include milk, beverages for medical purposes, and beverages with a coffee, cocoa or chocolate base, beverages for pets, alcoholic beverages, except beer.
Coordinated Classes:
Class 33: Alcoholic Beverages, Wine and Spirits
Class 33 includes mainly alcoholic beverages, essences and extracts. Examples, alcoholic beverages, excluding beer, wines, spirits, liqueurs, alcoholic fruit extracts, bitters. This class generally does not include medicinal beverages, beers, non-alcoholic mixers to make alcoholic beverages.
Coordinated Classes:
Class 34: Tobacco Products
Class 34 includes mainly tobacco and articles used for smoking, as well as certain accessories and containers related to their use. For example: tobacco; certain tobacco substitutes, smokers’ articles; matches. This class generally does not include tobacco free cigarettes, batteries and chargers for electronic cigarettes.
Coordinated Classes:
Class 35: Advertising and Business Services
Class 35 includes mainly services involving business management, operation, organization and administration of a commercial or industrial enterprise, as well as advertising, marketing and promotional services. For the purposes of classification, the sale of goods is not considered to be a service. Examples: advertising; business management; business administration; office functions. This class generally does not include financial services, real estate management, stock brokerage services, transportation logistics, legal services.
Coordinated Classes:
Class 36: Insurance and Financial Services
Class 36 includes mainly services relating to banking and other financial transactions, financial valuation services, as well as insurance and real estate activities. Examples: insurance; financial; banking; brokerage; monetary affairs; real estate. This class generally does not include freight brokerage, transport brokerage, ATM’s, administrative services related to business transactions and financial records, book-keeping, tax preparation, business appraisals.
Coordinated Classes:
Class 37: Building, Construction and Repair Services
Class 37 includes mainly services in the field of construction, as well as services involving the restoration of objects to their original condition or their preservation without altering their physical or chemical properties. Examples: building construction; repair; installation services. This class generally does not include physical storage of goods, custom tailoring, dressmaking, embroidering, architectural services, installation, maintenance of computer software, hosting of websites.
Coordinated Classes:
Class 38: Communication Services
Class 38 includes mainly services that allow at least one party to communicate with another, as well as services for the broadcasting and transmission of data. Examples: telecommunications services. This class generally does not include radio, telemarketing, online social networking services and advertising services.
Coordinated Classes:
Class 39: Shipping, Transportation, Storage and Travel Services
Class 39 includes mainly services for the transport of people, animals or goods from one place to another by rail, road, water, air or pipeline and services necessarily connected with such transport, as well as the storing of goods in any kind of storage facility, warehouses or other types of building for their preservation or guarding. Examples: transport (by rail, road, water, air or pipeline); packaging and storage of goods; travel arrangement. This class generally does not include services related to customs brokerage, traveler checks and travel agents; services related to the maintenance and repair of transport vehicles, reservation of hotel rooms or other temporary accommodation by travel agents and brokers.
Coordinated Classes:
Class 40: Material Treatment Services
Class 40 includes mainly services rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services. For the purposes of classification, the production or manufacturing of goods is considered a service only in cases where it is effected for the account of another person to their order and specification. If the production or manufacturing is not being performed to fulfil an order for goods which meet the customer’s particular needs, requirements, or specifications, then it is generally ancillary to the maker’s primary commercial activity or goods in trade. If the substance or object is marketed to third parties by the person who processed, transformed or produced it, then this would generally not be considered a service. Examples: treatment of materials, custom manufacturing of goods, quilting, embroidering, custom tailoring, textile dying, services of a dental technician, fruit crushing, food and drink preservation. This class generally does not include decorating of food, food sculpting, rustproofing, custom painting of vehicles, services in the field of construction.
Coordinated Classes:
Class 41: Education and Entertainment Services
Class 41 includes mainly services consisting of all forms of education or training, services having the basic aim of the entertainment, amusement or recreation of people, as well as the presentation of works of visual art or literature to the public for cultural or educational purposes. Examples: education; providing of training; entertainment; sporting, recreation and cultural activities. This class generally does not include news agency services, radio and TV broadcasting, technical writing, videoconfrencing services, health spa services, wedding services.
Coordinated Classes:
Class 42: Computer, Scientific and Technology Services
Class 42 includes mainly services provided by persons in relation to the theoretical and practical aspects of complex fields of activities, for example, scientific laboratory services, engineering, computer programming, architectural services or interior design. Examples: scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. This class generally does not include certain research services, financial evaluation services, sound engineering services, medical and veterinary services, legal services, business auditing, marketing research, legal research.
Coordinated Classes:
Class 43: Hotels, Restaurants and Food Services
Class 43 includes mainly services provided in relation to the preparation of food and drink for consumption, as well as services for providing temporary accommodation. Example: services for providing food and drink; temporary accommodations. This class generally does not include long-term rental apartments, travel reservation and planning services and prep and other schools which offer boarding facilities. This class generally does not include business management of hotels, rental services for real estate, travel and transport reservation services, babysitting, pet sitting, rest home services, beer brewing and wine making for others, housekeeping.
Coordinated Classes:
Class 44: Medical, Beauty, Agriculture and Veterinary Services
Class 44 includes mainly medical care, including alternative medicine, hygienic and beauty care given by persons or establishments to human beings and animals, as well as services relating to the fields of agriculture, aquaculture, horticulture and forestry. Examples: medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. This class generally does not include exercise-oriented health clubs and spas. This class generally does not include boarding for animals, retirement homes, animal training services, pest control services, health clubs for physical exercise.
Coordinated Classes:
Class 45: Personal, Security and Legal Services
Class 45 includes personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals; funeral services, matrimonial services; certain dating services. This class generally does not include medical, financial planning, insurance and brokerage services, and educational services.
