Filing in every trademark class costs thousands and provides false security. Filing in too few leaves gaps competitors exploit. Here's the strategic middle ground.
How Trademark Classes Work
The Nice Classification system divides all goods and services into 45 classes. Your trademark only protects you in classes where you register. Apple (computers) and Apple (records) coexisted for decades because they were in different classes.
The Cost Reality
Each class costs $250-$350 (USPTO) or £170 (UK IPO) per class for filing fees alone. Add attorney fees of $300-$500 per class. Filing in all 45 classes: $25,000+. Most startups need 2-4 classes maximum.
Core Class Selection Strategy
Step 1: Current Business Activities
List everything you sell or provide today. Software? Class 9 (software products) and Class 42 (software services). Consulting? Class 35 (business services). Physical products vary by type.
Step 2: Near-Term Expansion (12-24 months)
What will you realistically offer within 2 years? If you're SaaS today but plan mobile app soon, Class 9 matters now. Speculative expansion 5 years out? Wait.
Step 3: Competitive Protection
Which classes would hurt most if a competitor registered your name there? A fitness brand should consider Class 25 (clothing) even if they don't sell apparel today - competitors with your-branded gym clothes causes real damage.
Common Mistakes
Filing Class 35 for Everything
Class 35 covers retail, advertising, and business services. It doesn't protect your actual products. A software company with only Class 35 has no protection for their software.
Ignoring Class 42
SaaS companies often file Class 9 (software) but forget Class 42 (software as a service). Cloud delivery is a service, not a product. You likely need both.
Over-Filing on Day One
Filing 8 classes before product-market fit wastes money. You'll pivot, the classes become irrelevant, and renewal fees add up. File core classes now, expand after validation.
Class-Specific Guidance
Technology Companies
Usually need: Class 9 (downloadable software), Class 42 (SaaS/cloud services). Consider: Class 35 (business software services), Class 38 (telecommunications if relevant).
E-commerce/Retail
Usually need: Class 35 (retail services). Plus classes for actual products sold. A clothing retailer needs Class 25 (clothing) plus Class 35 (retail).
Professional Services
Usually need: Class 35 (business consulting), Class 36 (financial services if applicable), Class 41 (education/training if applicable), Class 45 (legal services if applicable).
The Maintenance Reality
Trademark registrations require renewal every 10 years (US) or 10 years (UK/EU). You also must prove use - registrations in classes where you don't actually operate can be cancelled. Quality over quantity.
When to Expand Classes
Revenue milestone: When a new product line generates meaningful revenue, file for that class. Competitor threat: If someone registers your name in an adjacent class, consider defensive filing. Expansion plans: 6 months before entering new product category.
Trademark Lens searches across all trademark classes in multiple jurisdictions - see where your name faces conflicts before planning your filing strategy.