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 sell | Core class | Usually also |
|---|---|---|
| Clothing, footwear, headgear | 25 | 35 for online or retail sale |
| Software, apps, downloadable files | 9 | 42 for software as a service |
| Cosmetics, skincare, perfume | 3 | 35 for retail, 44 for treatments |
| Supplements, pharmaceuticals | 5 | 35 for retail |
| Jewellery and watches | 14 | 35 for retail |
| Bags, luggage, leather goods | 18 | 25 if you also sell clothing |
| Furniture | 20 | 35 for retail, 42 for design services |
| Textiles, bed and bath linen | 24 | 25 if you also sell clothing |
| Toys, games, sporting goods | 28 | 41 if you run events or coaching |
| Packaged food | 29, 30 or 31 | 43 if you also serve it |
| Drinks | 32 non-alcoholic, 33 alcoholic except beer | 35 for retail |
| Restaurants, cafes, hotels | 43 | 30 or 32 if you sell packaged products |
| Marketing, consulting, retail services | 35 | 41 if you also train or publish |
| Financial services, insurance | 36 | 42 for fintech software |
| Construction, installation, repair | 37 | 42 for design and surveying |
| Telecoms and streaming transmission | 38 | 41 for the content itself |
| Transport, delivery, storage | 39 | 35 for logistics management |
| Education, training, publishing, events | 41 | 9 for downloadable course material |
| IT services, SaaS, scientific and design | 42 | 9 for anything downloadable |
| Medical, beauty and wellness services | 44 | 3 or 5 for products you sell |
| Legal and security services | 45 | 35 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.
