The 45 Nice Classes: How Trademark Classification Shapes Cost Scope and Conflict

94 questions on the 45 nice classes, answered and cited by the UpLaw editorial team.

• Am I required to use the USPTO ID Manual wording in my trademark application?
• Are trademark maintenance and renewal fees also charged per class?
• Can a trademark in a different class block my application if we serve the same market?
• Can a TTAB likelihood-of-confusion ruling be used against me in a later federal court case?
• Can I broaden my identification of goods and services after I file a trademark application?
• Can I change or delete classes and descriptions after I file a trademark application?
• Can I file a class heading or a class number as my identification of goods and services?
• Can I file a trademark in a class before I actually sell anything in it?
• Can I still file a TEAS Plus or TEAS Standard trademark application?
• Can one trademark application cover more than one class?
• Can trademarks in different classes still conflict with each other?
• Can two similar trademarks coexist in the same trademark class?
• Do all countries use the same 45 trademark classes?
• Does a Class 25 apparel registration cover virtual sneakers?
• Does adding more trademark classes make it harder to get my mark registered?
• Does the class number I file in define the legal scope of my trademark rights?
• Does the USPTO decide likelihood of confusion by comparing class numbers?
• Do I need a separate specimen of use for each trademark class?
• Do I need to search design codes when clearing a logo mark?
• Do two products have to compete directly to be “related” for likelihood-of-confusion purposes?
• How does my U.S. trademark classification feed into a Madrid Protocol filing?
• How does the Class 9 versus Class 42 choice affect specimens and enforcement?
• How does the Lanham Act define a trademark?
• How many trademark classes does my business need to register in?
• How much does it cost to file a trademark in more than one class?
• How much is the USPTO base trademark application fee per class?
• How often does the Nice Classification change?
• How specific does a U.S. trademark identification of goods have to be?
• If classification is “strictly ministerial,” why does picking the right class still matter so much?
• If I registered my mark abroad on a full class heading, will the USPTO accept the same wording?
• If I sell my own products through my own website, do I need Class 35?
• Is my app a Class 9 good or a Class 42 service?
• Should a software company file in both Class 9 and Class 42?
• What are coordinated classes at the USPTO?
• What are the 45 trademark classes?
• What are the DuPont factors, and which one connects to trademark classification?
• What are the most common trademark classification mistakes?
• What did the January 18, 2025 USPTO trademark fee overhaul change?
• What does a trademark registration in a single class actually protect?
• What does In re Nett Designs say about how the USPTO evaluates a trademark application?
• What does “international class” or “IC” mean on a USPTO trademark filing?
• What does it mean to divide a trademark application?
• What do trademark Classes 12, 13, and 14 cover?
• What do trademark Classes 15 through 21 cover?
• What do trademark Classes 1 through 5 cover?
• What do trademark Classes 22 through 27 cover?
• What do trademark Classes 28 through 34 cover?
• What do trademark Classes 35 through 40 cover?
• What do trademark Classes 41 through 45 cover?
• What do trademark Classes 6, 7, and 8 cover?
• What do trademark Classes 9, 10, and 11 cover?
• What do USPTO government fees look like for a four-class trademark application?
• What happens if I register my trademark in the wrong class?
• What happens if the USPTO examiner refuses only one class of my multi-class application?
• What is a design search code, and how is it different from a trademark class?
• What is a simple workflow for getting trademark classification right?
• What is central attack under the Madrid Protocol?
• What is Class 9, and why does nearly every technology company need it?
• What is over-classifying a trademark application, and what does it cost?
• What is Paris Convention priority, and how long is the window?
• What is the “basic application” and the office of origin under the Madrid Protocol?
• What is the difference between Class 7 and Class 8 for tools?
• What is the difference between trademark Class 29 and Class 30?
• What is the difference between trademark Class 3 and Class 5?
• What is the free-form identification surcharge, and how do I avoid it?
• What is the identification of goods and services in a trademark application?
• What is the lengthy-text surcharge on a custom trademark identification?
• What is the Nice Classification (NCL)?
• What is the risk of registering a trademark in classes my business never uses?
• What is the USPTO ID Manual?
• What is the USPTO's “insufficient information” surcharge on a trademark application?
• What is under-classifying a trademark application, and why is it dangerous?
• What law makes the international Nice classes controlling for U.S. trademark applications?
• What should I do if no ID Manual entry describes my product?
• What trademark class are candle holders in, and when do they move to another class?
• What trademark class are scented candles in?
• What trademark class covers firearms and ammunition?
• What trademark class covers in-person workshops, classes, or training I run?
• What trademark class covers jewelry and watches?
• What trademark class covers lighting, heating, and kitchen appliances?
• What trademark class covers machinery, motors, and power tools?
• What trademark class covers medical devices and surgical instruments?
• What trademark class do downloadable virtual goods and NFTs fall in?
• When did the United States adopt the Nice Classification, and what did it use before?
• When does a technology company also need Class 38 or Class 41?
• Which trademark class covers beer, and which covers wine and spirits?
• Which trademark classes are commonly coordinated with each other?
• Which trademark classes cover goods and which cover services?
• Which trademark classes should I search when clearing a new mark?
• Why can two different companies own the same trademark word, like Dove soap and Dove chocolate?
• Why does a business that thinks it is “one class” usually turn out to span several?
• Why do so many products fall into a trademark class their owner did not expect?
• Why is a restaurant a Class 43 service while its bottled sauce is a Class 29 or 30 good?
• Will registering a trademark in one class stop a copycat using my name in a different class?