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Once you’ve decided that you want to protect your brand and apply for trademarks, one of the first questions that stumps many founders is “which trademark class should I choose?”.
This isn’t just a bureaucratic checkbox. The class or classes that you select define the entire scope of your legal protection. Choosing the right classes ensures that your brand is shielded where it needs to be, while choosing the wrong ones can leave you exposed or cost you a lot of wasted time and money.
In this guide, we’ll demystify trademark classes, explain why they’re so critical, and walk you through how to choose the right ones for your business.
What Are Trademark Classes? The Nice Classification Explained
Imagine a massive, global library for brands. To keep things organized, every brand is sorted onto a specific shelf based on what it offers. That, in essence, is the purpose of trademark classes.
Most countries, including the UK and the EU, use an international system called the Nice Classification (pronounced 'neese', like the city in France). Managed by the World Intellectual Property Organization (WIPO), this system groups all possible goods and services into 45 distinct classes:
- Classes 1-34 are for goods. Think physical products, from chemicals (Class 1) and pharmaceuticals (Class 5) to clothing (Class 25) and coffee (Class 30)
- Classes 35-45 are for services. This covers everything from advertising (Class 35) and financial services (Class 36) to education (Class 41) and software-as-a-service (Class 42)
When you file a trademark application, you must specify which class (or classes) your brand falls into. Crucially, intellectual property offices like the UK’s UKIPO charge a fee per class. Getting it right from the start is not only vital for your legal protection but also for your budget.
Why Choosing the Right Class is So Critical
Selecting a trademark class feels like a simple administrative step, but its impact is profound. Here’s what can happen if you get it wrong:
- Your protection is too narrow: If you sell branded t-shirts (Class 25) but only file for retail services (Class 35), you haven't protected your brand on the actual clothing. A competitor could potentially start selling t-shirts with a similar name, and you’d have a much weaker case to stop them
- Your application gets rejected: If you file in a class that doesn’t accurately reflect what you sell, the trademark examiner will likely reject your application. For example, claiming you sell “pharmaceuticals” in Class 5 when you actually offer a wellness coaching service (Class 44) is a non-starter
- You waste money: Application fees are non-refundable. If your application is rejected because you chose the wrong class, you’ll have to start the entire process over and pay again. Worse, you can’t add classes to an existing application after you’ve filed it. A new class means a new application
The goal is to be both precise and comprehensive, covering what your business does now and what it realistically plans to do in the near future.
How to Find the Right Trademark Class for Your Startup
Finding your class doesn’t have to be a guessing game. Follow a structured approach to land on the right categories for your brand.
1. Describe What You Actually Sell
Start by forgetting the jargon. In plain English, what do you provide to customers in exchange for money? Be specific.
- Instead of: “We’re a tech company.”
- Try: “We provide downloadable project management software for architects.” (This points toward Class 9)
- Or: “We offer an online platform for booking appointments with therapists.” (This points toward Class 42 for the platform and potentially Class 44 for the services)
2. Use the Official Search Tools
Intellectual property offices provide online tools to help you find the right class. You can search for keywords related to your goods or services to see which classes they fall into.
- For the UK: Use the UKIPO’s trademark class search tool.
- For the EU: The EUIPO has a similar tool called TMclass, which is very comprehensive.
Search for multiple terms. For an online clothing store, you’d search for “t-shirts,” “jackets,” and “trousers” (which all fall in Class 25), but also “online retail” (which is in Class 35).
3. Look at Your Competitors
See what classes other companies in your space have registered their trademarks in. This can provide valuable clues and highlight classes you might have missed. However, don’t just copy them blindly. Their business model might be slightly different, or they may have filed for classes they never ended up using.
Common Trademark Classes for Startups (With Examples)
To help you get started, here are some of the most common classes we see our customers filing in.
For a SaaS or Tech Startup:
- Class 9: This is for any kind of downloadable software. If you have a desktop app, a mobile app in an app store, or any software a user saves to their device, you need Class 9
- Class 42: This is the class for most modern tech companies. It covers Software as a Service (SaaS), Platform as a Service (PaaS), website hosting, and the design and development of computer software. If your software is accessed via a web browser, this is your primary class
For an E-commerce Store:
- The relevant Goods Class: This depends entirely on what you sell. Examples include Class 25 for clothing and footwear, Class 3 for cosmetics and perfume, or Class 18 for leather goods like handbags
- Class 35: This is a crucial one many e-commerce founders miss. It covers “retail services” and “online retail services.” It protects your brand name in the context of the *act of selling*, not just the products themselves
For a Food & Beverage Brand:
- Class 29: Processed foods like cheese, milk, jerky, and preserved vegetables
- Class 30: Staple and prepared foods like coffee, tea, bread, pastries, spices, and sauces
- Class 31: Fresh, unprocessed goods like raw fruits and vegetables
- Class 43: If you also have a physical location like a café or restaurant, this class covers the service of providing food and drink
There is an important nuance here when it comes to alcohol brands to be aware of as well. Class 33 covers all types of alcohol, except beer. Beer, both alcoholic and non-alcoholic, is registered in Class 32 alongside soft drinks and energy drinks.
For a Consultancy or Professional Service:
- Class 35: The go-to class for business consulting, management, and advertising services
- Class 36: For financial services, including fintech, insurance, and real estate agencies
- Class 41: Covers education, training, and entertainment services. An ed-tech platform or a corporate training business would both file here
What Happens After You File?
Choosing your classes and filing your application is a massive first step, but it’s not the end of the road. Your application will be examined, then published for opposition. Opposition is the period (this period differs by market but is generally 2-3 months) where others can object to your registration, which is why it’s crucial to do your research first. If all goes well, your mark will be registered.
But even after registration, you need to actively protect your brand. It’s your responsibility to ensure no one else registers a confusingly similar mark in your class. This is known as “policing” your trademark.
At Wizebirds, we built our Shield tool to automate this process for founders. It constantly monitors new trademark applications and alerts you to potentially conflicting marks, so you can take action while potentially conflicting competitor marks are still in their own opposition period. It's about protecting the asset you've worked so hard to build.
At Wizebirds you can protect any number of trademarks for a monthly fee of only £9 (or equivalent in other markets) - get started today.
This article is for informational purposes only and does not constitute legal advice. Trademark law is complex and jurisdiction-specific. Please consult a qualified intellectual property attorney for advice specific to your situation.