Understanding Trademark Classes: Why Choosing the Right One Matters and the Value of Additional Classes

When it comes to trademarks, many business owners are surprised to learn that the application process involves selecting one or more trademark classes. A trademark class groups products and services into specific categories recognized globally. The right class determines the scope of your trademark rights, ensuring your brand is well-secured in your industry. Here’s why understanding trademark classes is essential and why you should consider applying for additional classes to secure your business’s future.

What Are Trademark Classes?

Trademark classes are part of the Nice Classification (NCL) system, which divides goods and services into 45 categories:

• Classes 1-34: Goods (e.g., clothing, beverages, furniture)
• Classes 35-45: Services (e.g., advertising, legal services, education)

Each application must specify the class or classes your product or service falls under. For example:

• A clothing brand would file in Class 25 (apparel).
• A restaurant might file in Class 43 (food and drink services).
• A tech company offering downloadable software would file in Class 9 (software).

Why Choosing the Right Class Matters

1. Defines Your Trademark Scope:
   Your trademark rights apply only to the classes you choose. If you miss a relevant class, someone else could register a similar trademark in that category and limit your rights.
   Example: If you secure your brand for T-shirts (Class 25) but neglect Class 18 (bags) and Class 9 (phone cases), another company could legally use your brand name for those products.
2. Avoids Rejections or Delays:
   Filing under the wrong class can lead to office actions or refusals from the USPTO, costing you time and money.
3. Prevents Legal Issues:
   A well-selected class reduces the risk of infringement claims by clarifying the industry or market where your brand operates.

The Case for Additional Trademark Classes

1. Future-Proofs Your Business:
   Many businesses expand their offerings over time. By applying for additional classes, you ensure your brand is secured as you grow.
   Example: If you own a fitness apparel brand, you might eventually launch gym equipment. Filing in both Class 25 (clothing) and Class 28 (fitness equipment) secures your brand across product lines.
2. Strengthens Licensing and Collaboration Opportunities:
   If you plan to license your brand or collaborate with other businesses, additional classes make your trademark more versatile and valuable. A partner interested in launching a line of shoes under your brand name would appreciate having Class 25 (footwear) already secured.
3. Secures Against Copycats:
   Opportunistic competitors may target unsecured areas of your brand. Filing in multiple classes prevents others from capitalizing on your brand name in related industries.

Examples of Common Class Pairings

To maximize security, businesses often file under multiple related classes:

• Apparel Brands: Class 25 (clothing), Class 18 (bags), Class 35 (retail services)
• Tech Companies: Class 9 (software), Class 42 (technology services), Class 41 (education or training apps)
• Food and Beverage Companies: Class 43 (restaurants), Class 30 (packaged goods), Class 32 (non-alcoholic beverages)

How to Choose the Right Classes

1. Audit Your Current Offerings:
   List all products and services your business provides.
2. Think About Future Growth:
   Consider what you might offer in the next 3-5 years. It’s easier to secure additional classes upfront than to file a new application later.
3. Get Help:
   A trademark law firm can guide you through the classification process and recommend additional classes to strengthen your trademark security.

Key Takeaways

• Trademark classes define the scope of your rights, so choosing the correct ones is crucial.
• Applying for additional classes ensures you’re secured as your business evolves and prevents competitors from exploiting gaps in your trademark coverage.
• Securing your brand across relevant classes maximizes its value for licensing, partnerships, and market expansion.

Whether you’re just starting your trademark journey or expanding an existing portfolio, selecting the right classes is a foundational step. A well-secured trademark isn’t just a legal tool—it’s a strategic asset for your brand’s long-term success.