USPTO uses Nice Classification system: 45 classes total (Classes 1-34 for goods, 35-45 for services). You must register in each class covering your business. Each class costs $250-350. Choosing wrong class = no protection.
How Trademark Classes Work
Trademarks are registered per class, not universally. "Delta" can exist as: Delta Airlines (Class 39: Transportation). Delta Faucets (Class 11: Plumbing). Delta Dental (Class 36: Insurance). Each valid because different classes.
Classes 1-34: Goods
Physical products you sell. Examples: Class 9: Electronics, software, apps. Class 25: Clothing, footwear. Class 30: Coffee, tea, baked goods. Class 32: Beverages. Class 33: Alcoholic beverages.
Classes 35-45: Services
Services you provide. Examples: Class 35: Retail services, advertising, business management. Class 41: Education, training, entertainment. Class 42: Software as a service (SaaS), IT services. Class 43: Restaurants, catering, hotels. Class 44: Medical services, veterinary services.
Most Common Classes
Class 35: Retail stores, online shops, advertising agencies, consultants. Class 42: Software developers, SaaS platforms, web developers, IT consulting. Class 41: Online courses, training programs, coaches, publishers. Class 43: Restaurants, food trucks, catering, bars. Class 25: Clothing brands, shoe companies, fashion labels.
Expensive Mistake: Coffee shop owner registers Class 43 (restaurant services). Starts selling packaged coffee beans in grocery stores. Competitor trademarks owner's name in Class 30 (coffee products). Original owner can't stop them - different class. Should have registered both classes initially.
How Many Classes Do You Need?
Start with your primary business activity. Add classes for: Products AND services you offer. Future expansion plans (within 3 years). Related goods/services. Don't register unused classes "just in case" - expensive and risky.
Examples by Business Type
Pure SaaS platform: Class 42 only. E-commerce store selling physical products: Class 35 (retail services) + relevant product class. Restaurant also selling branded merchandise: Class 43 (food service) + Class 25 (clothing). Online education platform: Class 41 (educational services) + Class 42 (if software platform).
Class 35 Confusion
Class 35 is "retail services" - covers the act of selling, not the products themselves. Amazon needs Class 35 (retail services) PLUS classes for any private label products. Etsy shop selling handmade jewelry needs Class 35 (online retail) + Class 14 (jewelry products).
When You Need Class 35
You operate retail store (physical or online). You sell others' products. You provide advertising/marketing services. You offer business consulting. You DON'T need Class 35 if: You only sell your own products directly (register product classes only). You're purely service-based (use service classes only).
Software and Technology Classes
Software industry spans multiple classes: Class 9: Downloadable software, mobile apps, software products sold. Class 42: Software as a service (SaaS), cloud hosting, web development services. Class 41: Educational software, online courses delivered via software.
SaaS Classification
SaaS platform: Class 42 (primary). Mobile app: Class 9 if downloadable + Class 42 if cloud features. Software sold as product (one-time purchase): Class 9. Subscription software (cloud-based): Class 42.
Cost Per Class
USPTO filing fees (TEAS Plus): $250 per class. USPTO filing fees (TEAS Standard): $350 per class. Attorney fees (if using): $500-1000 per class. Total per class: $750-1,350.
Multi-Class Cost Example
E-commerce business needing 3 classes: Class 35 (retail): $250. Product Class A: $250. Product Class B: $250. Total USPTO fees: $750. With attorney: $2,250-4,050 total.
Finding Your Classes
Use USPTO ID Manual to find classes. Search your goods/services. System suggests appropriate classes. Must describe goods/services accurately.
Description Matters
Vague descriptions rejected. "Business services" too broad. "Marketing consulting services for technology companies" acceptable. Pre-approved descriptions available in ID Manual. Custom descriptions must be specific.
International Class Differences
Nice Classification used worldwide (US, EU, UK, etc). Class numbers same internationally. Class 42 in US = Class 42 in EU. Descriptions may vary slightly by jurisdiction. File same classes when expanding internationally.
Common Classification Errors
Registering Class 35 when you need product classes. Not registering enough classes (missing future products). Registering too many classes (expensive, abandonment risk). Wrong class description (too broad/too narrow). Not updating classes when business pivots.
Classification Strategy: Register classes you're actively using NOW. Add closely related classes if launching within 6 months. Don't register "someday maybe" classes. Can always file additional classes later ($250 each).
Trademark Use Requirements
Must use trademark in commerce for each registered class. Can't register Class 25 (clothing) if you never sell clothing. USPTO can challenge unused classes. Must show specimens proving use in each class.
Specimens by Class
Goods classes (1-34): Photo of product with trademark visible. Product packaging with mark. Tags/labels attached to product. Services classes (35-45): Website showing service under mark. Advertising materials. Service invoices/contracts.
Before You File
Search USPTO in relevant classes only (not all 45). Check if similar marks exist in your classes. Verify domains available. Calculate total cost (classes x fees). Plan which classes needed for launch vs future.
Trademark Lens helps identify potential class conflicts during USPTO search. Shows existing marks by class before you file.