Business Law Blog

How to Determine Which Class to Register Your Trademark In?

Posted by Amanda Butler Schley | Feb 07, 2025 | 0 Comments

When applying for a trademark with the United States Patent and Trademark Office (USPTO), you must select at least one trademark class that best represents the goods or services you offer. Choosing the correct class is crucial because it determines the scope of your legal protection.

What Are Trademark Classes?

The USPTO categorizes trademarks into 45 different classes:

  • Classes 1–34 cover goods (e.g., clothing, electronics, food products).
  • Classes 35–45 cover services (e.g., legal services, advertising, entertainment).

Your trademark is only protected in the class(es) you register it in, meaning another business could legally use the same name in a different class (e.g., "Eagle Consulting" for financial advising vs. "Eagle Shoes" for footwear).


Steps to Determine the Right Trademark Class

1️⃣ Identify Your Core Products or Services

Ask yourself: What does my business sell or provide?

  • If you sell physical products → Look at Goods (Classes 1-34)
  • If you provide services → Look at Services (Classes 35-45)

🔹 Example: If you own a fitness brand selling workout apparel, you'd register in Class 25 (Clothing).

🔹 Example: If you run a podcast, you'd register under Class 41 (Entertainment Services).


2️⃣ Check the USPTO Trademark ID Manual

The USPTO Trademark ID Manual provides a searchable database of goods and services classifications. You can use it to find the most relevant class for your business.

Search the USPTO Trademark ID Manual here


3️⃣ Consider Multiple Classes If Needed

If your business covers multiple areas, you may need to register in more than one class.

🔹 Example: A business selling skincare products and running a beauty blog may need:

  • Class 3 (Cosmetics & Skincare Products) for physical products
  • Class 41 (Education & Entertainment) for the blog and online content

🔹 Example: A tech startup developing software and providing consulting may need:

  • Class 9 (Software & Apps)
  • Class 42 (Technology & IT Consulting)

Each class requires a separate fee, so only select multiple classes if necessary.


4️⃣ Avoid Broad or Incorrect Classifications

  • Don't overestimate your scope. If you don't provide services in a class, don't register for it.
  • Avoid overly generic terms—be specific to your business's actual offerings.
  • If unsure, consult a trademark attorney to ensure you select the correct classification.

Final Thoughts: Why the Right Class Matters

Proper Protection – You can only enforce your trademark in the class(es) you register.
Prevents Rejections – Registering in the wrong class can lead to costly delays.
Future Growth – If you plan to expand, consider which classes you may need later.

If you need help navigating the trademark process, contact BLG for expert guidance in selecting the right trademark class for your business.

About the Author

Amanda Butler Schley

Ranked as a Top Rated Business and Commercial Attorney, I have more than a decade of experience representing boutique hotels, family-owned businesses, privately owned restaurants, breweries, artists, executives and entrepreneurs.

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