Answer
Which class covers my product? The most-used classes, explained
Lawyers call this: Nice Classification · international classes
Short answer
The class follows what you actually sell or do for customers, not your industry. There are 45 classes: 1 through 34 for goods and 35 through 45 for services. A business often needs more than one — an app company that also runs training courses sells in Class 9 or 42 and in Class 41. Each class adds a fee, so pick the classes that match real products, not every class that sounds close.
What changes the answer
- Whether customers download your software or use it online
- Downloadable software and apps are goods in Class 9. Software customers use through a browser without downloading — software as a service — is a service in Class 42. Many software businesses need both.
- Whether you sell your own goods or run a store
- Your shirts are Class 25. Running an online store that offers a range of goods is a retail service in Class 35. A brand that sells only its own products usually starts with the goods classes.
- Whether you advertise for others or for yourself
- Class 35 advertising means advertising other people’s goods or services. Promoting your own business is not a service you can register.
- Whether you teach, advise or entertain
- Courses, workshops and entertainment are Class 41. Business consulting is Class 35. A business coach may need both, depending on what the customer is buying.
- Whether the item is ordinary clothing
- Class 25 covers ordinary clothing, footwear and headwear. Fire-protective clothing and protective helmets go to Class 9, and operating-room clothing to Class 10.
The rule
The USPTO uses the international system set by the Nice Agreement. 37 C.F.R. § 6.1 (2026). The current edition is NCL 13-2026, in force since January 1, 2026. The seven most common classes for small businesses:
| Class | What it covers | Common trap |
|---|---|---|
| 9 | Downloadable software and apps, recorded and downloadable media, electronics | A cloud service is not Class 9 |
| 25 | Clothing, footwear, headwear | A logo printed large across the front of a shirt may read as decoration, not a brand |
| 35 | Advertising for others, business management and consulting, office functions, retail store services | “Advertising” here means advertising for others |
| 36 | Banking, payments, financial services, insurance, real estate | Bookkeeping and tax preparation are Class 35 |
| 41 | Education, training, entertainment, sports and cultural activities, publishing books, online publications that are not downloadable | Trade shows run for commercial purposes are Class 35 |
| 42 | Scientific and technical services, software design and development, software as a service, platform as a service | Business and marketing research are Class 35 |
| 44 | Medical and veterinary services, beauty salons and spas, agriculture and landscaping | Gyms and fitness clubs are Class 41 |
The class headings are general guides. The USPTO requires a specific identification of your goods or services, drawn from its Trademark ID Manual or written to the same standard, and it assigns the class from that wording. U.S. Pat. & Trademark Off., Trademark Manual of Examining Procedure §§ 1401, 1402 (May 2026) [hereinafter TMEP]. A wrong class number can usually be corrected. A missing product cannot be added later: amendments may clarify or narrow the identification, not broaden it. 37 C.F.R. § 2.71(a) (2026).
The base federal application fee is $350 per class. Writing your own description in the free-form text box instead of choosing from the ID Manual adds $200 per class, and each extra 1,000 characters of free-form text adds $200 more. 37 C.F.R. § 2.6(a)(1)(iii), (v), (vi) (2026).
What to do next
Write down, in plain words, what customers pay you for. Then search the USPTO ID Manual for those words and see which class each entry lands in. For most owners with one product line, this is work you can do yourself.
For how to write the list itself, see goods, services and classes.
A lawyer earns the fee when your business straddles classes — software with services on top, a brand that sells goods and runs events — or when the wording will decide whether you run into someone else’s registration.
If your business spans several classes, Valet Law, PLLC can review your offerings and tell you which classes and wording fit what you sell.
Attorney review is provided by Valet Law, PLLC, a law firm separate from Trademark Valet, LLC. Keep confidential facts out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.