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ADORAIntellectual Property

Which trademark class is my business in?

Find your goods in classes 1 to 34 and your services in classes 35 to 45, then check whether you need both. Most businesses need two or three classes, not one: a clothing brand selling online needs 25 for the garments and 35 for the shop, and a software company needs 9 for the product and 42 for the service.

The classes by industry

If you sellCore classUsually also
Clothing, footwear, headgear2535 for online or retail sale
Software, apps, downloadable files942 for software as a service
Cosmetics, skincare, perfume335 for retail, 44 for treatments
Supplements, pharmaceuticals535 for retail
Jewellery and watches1435 for retail
Bags, luggage, leather goods1825 if you also sell clothing
Furniture2035 for retail, 42 for design services
Textiles, bed and bath linen2425 if you also sell clothing
Toys, games, sporting goods2841 if you run events or coaching
Packaged food29, 30 or 3143 if you also serve it
Drinks32 non-alcoholic, 33 alcoholic except beer35 for retail
Restaurants, cafes, hotels4330 or 32 if you sell packaged products
Marketing, consulting, retail services3541 if you also train or publish
Financial services, insurance3642 for fintech software
Construction, installation, repair3742 for design and surveying
Telecoms and streaming transmission3841 for the content itself
Transport, delivery, storage3935 for logistics management
Education, training, publishing, events419 for downloadable course material
IT services, SaaS, scientific and design429 for anything downloadable
Medical, beauty and wellness services443 or 5 for products you sell
Legal and security services4535 for business consulting

The full list runs to 45 classes with detailed headings. Check the exact wording in WIPO's Nice Classification and search accepted terms in TMclass before filing, because the office wants the specific goods, not the industry.

Why so many businesses need two classes

Because selling a thing and making a thing are different activities, and the classification treats them that way.

A clothing brand that only registers class 25 has protected the garments. It has not protected the online shop, which sits in class 35, so a competitor can open a store under your name selling somebody else's clothes. The reverse gap catches retailers who register 35 and nothing else.

Software has the same split. Class 9 covers the downloadable product, class 42 covers it delivered as a service, and a subscription product usually needs both.

Should I add classes just in case?

No. Each class from the third costs more at EUIPO, and more importantly an EU trademark becomes vulnerable to cancellation for non-use five years after registration.

A mark padded with classes you never traded in can be stripped back to what you actually sell, and the padding is worse than useless in an opposition, where the other side can demand proof of use class by class. Two or three well-chosen classes beat six speculative ones.

The class is only half of it

Within each class you list the specific goods or services, and that specification decides the real scope. "Clothing" in class 25 is broad. "Sports socks" is narrow. Broad terms give wider protection but attract more objections and carry more non-use risk.

Trademark classes explained covers how the system works. This page is the lookup.

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