The class you choose determines what your trademark actually protects. Getting it wrong matters.
Pablo Segarra, Esq. · Segarra IP · 2026
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If you have ever opened the USPTO’s TEAS application and stared at a drop-down menu with 45 numbered options and no immediately obvious guidance, you are not alone. Trademark classes are one of the most consistently confusing parts of the filing process for founders who are navigating it without background in IP law.
They are also one of the most consequential parts. The class you file in determines the scope of what your trademark protects. File in the wrong class and your registration exists, your filing fee is paid, your mark is approved — and your brand is still exposed in the category where you actually operate.
WHAT CLASSES ARE
The International Classification System
The trademark classification system divides all goods and services into 45 numbered classes. Classes 1 through 34 cover physical goods. Classes 35 through 45 cover services. The system is standardized internationally under the Nice Classification, meaning the same class numbers are used in trademark filings across most countries.
Classes organize what a trademark is used in connection with. Two different companies can hold trademarks for the same name in entirely different classes without conflict — as long as there is no likelihood of confusion in the actual marketplace.
GOODS VS SERVICES
The First Division
The most foundational distinction in class selection is whether you are protecting a good or a service. If your business sells a physical or digital product, you are in a goods class (1–34). If your business performs a service, you are in a services class (35–45).
Many businesses do both. A clothing brand that sells apparel (Class 25) and operates an e-commerce retail store (Class 35) should consider filings in both. A design studio that produces physical deliverables (design templates or prints, which could fall in Class 16) and also performs design services (Class 42) may need both.
The class is not a technicality. It is the boundary of your protection. What you don’t cover, you can’t enforce.
WHY CLASSES ARE NOT INDUSTRIES
The Most Common Confusion
Founders often assume they should find the class that sounds most like their industry. This is not exactly how it works. The classes describe goods and services at a functional level, not at an industry level.
A technology company that sells software (Class 42) also needs to think about whether it sells any physical goods (hardware, merchandise, printed materials), whether it provides educational content (Class 41), and whether the software operates in a category with specific class implications (financial services in Class 36, telecommunications in Class 38). Industry and class are not the same thing.
HOW WRONG CLASS SELECTION HURTS
The Real Exposure
A trademark registered in the wrong class does not protect you in the class where you actually operate. A competitor can adopt a confusingly similar name in your actual operating category and point to your incorrect registration as evidence of no conflict. In enforcement, a misclassified registration is a significant liability.
Wrong class selection is also not easily fixed. Amending a trademark application to add classes requires paying additional fees and, in some cases, may affect the filing date on the added class. Filing correctly from the start is significantly more efficient than correcting a mis-classified registration.
HOW TO DESCRIBE SERVICES PROPERLY
The ID Manual and Why It Matters
The USPTO maintains an Identification of Goods and Services Manual — commonly called the ID Manual — which is a database of pre-approved language for describing goods and services in trademark applications. Using ID Manual entries reduces the risk of office actions requesting clarification of your description.
Free-form entries — descriptions you write yourself rather than selecting from the ID Manual — carry a higher risk of triggering an office action and may also be subject to additional surcharges. A description that is too broad will be rejected. A description that is too narrow won’t cover your actual business.
Getting the description right is a matter of matching what you actually do to what the ID Manual recognizes in the most accurate and complete way possible. That matching exercise is where an experienced attorney adds the most practical value in a filing engagement.
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Need help choosing the right classes before you file? Start at segarraip.com.
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FREQUENTLY ASKED QUESTIONS
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How many trademark classes are there?
The international trademark classification system (Nice Classification) includes 45 classes. Classes 1 through 34 cover physical and digital goods. Classes 35 through 45 cover services. The same class structure is used in trademark filings across most countries worldwide.
Do I need to file in multiple trademark classes?
If your business sells both products and services — for example, a brand that sells physical merchandise and also provides a subscription service — you likely need filings in multiple classes. Each class is a separate $350 USPTO filing fee. Filing in too few classes leaves gaps in your protection that competitors can use against you.
What is the USPTO Identification of Goods and Services Manual?
The USPTO’s ID Manual is a database of pre-approved language for describing goods and services in trademark applications. Using ID Manual entries reduces the risk of receiving an office action requesting clarification. Free-form descriptions carry a higher risk of rejection and may also trigger additional surcharge fees.
What happens if I file a trademark in the wrong class?
A trademark registered in the wrong class does not protect your brand in the category where you actually operate. A competitor who operates in your actual category can use a confusingly similar name and challenge your ability to enforce against them based on your misclassification. Amending a registration to add classes requires additional fees and may affect the filing date of the added class.