What is a trademark class, and how many do you need?

The USPTO organizes every trademark application into one or more of 45 international classes, 34 covering goods and 11 covering services. A class is not a description of your company or your industry; it is a category assigned to the specific goods or services your mark actually covers. Getting this wrong in either direction, too narrow or too broad, can create real problems, so it is worth understanding how the system works before you file.

Goods versus services

The first distinction is whether your mark identifies goods (physical products, like apparel, software, or packaged food) or services (activities performed for others, like consulting, retail store services, or software-as-a-service). Many businesses provide both under the same name, a company that manufactures a product and also offers installation or subscription services, for example, and each side of that business may need its own class.

Why the same mark may need multiple classes

A single brand name is often used across more than one category of goods or services. A beverage company might need a class for the beverage itself and a separate class for branded merchandise sold under the same name. A software company might need a class for downloadable software and a separate class for the cloud-hosted service that delivers it. Each class the mark is used in, or intended to be used in, generally requires its own filing within the application, its own USPTO fee, and its own supporting evidence of use when the time comes.

Why a website does not automatically create a Class 35 need

A common misconception is that having an e-commerce website automatically means a business needs Class 35 (which covers, among other things, retail store services and advertising). That is not generally correct. If you manufacture and sell your own branded products, the sale of those products online is usually still classified under the goods class itself, not as a separate "retail services" class. Class 35 becomes relevant in different situations, for example, when a business operates a retail or online store selling a variety of other companies’ branded products, or provides marketing and advertising services to other businesses. Because this distinction depends heavily on the specific facts of a business, it deserves individual attention rather than a blanket rule. See do online stores need Class 35? for a closer look at this exact question.

Class selection versus identification wording

Choosing the right class is only half the job. Within each class, the application must also include an "identification of goods and services", the specific wording that describes what the mark covers. The USPTO maintains a Trademark ID Manual of pre-approved wording, and using it (rather than free-form language) can help avoid certain surcharges and reduce the chance of a wording-related Office Action. But even a technically correct class selection can be undermined by an identification that is too vague, too broad relative to actual use, or mismatched to what the business really does.

Fees per class

Each class in an application carries its own USPTO government fee, currently $350 per class, plus possible surcharges for insufficient information, free-form identification wording, or long identifications. Filing in two classes generally costs roughly twice what filing in one class costs, in both government fees and, typically, attorney fees. See the trademark cost guide for a full breakdown, including worked examples. Last updated July 2026.

Examples by sector

The examples below illustrate common class patterns for a few types of businesses. They are general illustrations only, the correct classification for any specific business depends on its actual goods and services, not on its industry label, and should be confirmed individually rather than assumed from a general example.

• A clothing brand that also sells branded accessories may need separate classes for apparel and for the accessories, depending on what those accessories are.
• A software company offering both a downloadable app and a subscription cloud service may need a class for downloadable software and a separate class for software-as-a-service, depending on exactly how the product is delivered.
• A restaurant that also sells a packaged sauce or spice blend in stores may need a class for restaurant services and a separate class for the packaged food product.

Why over-filing creates problems

Filing in more classes than a business actually uses, or intends to use within a reasonable timeframe, is not simply "extra protection." Each class carries its own fee, and for use-based applications, its own requirement to prove actual use before registration. A class listed in an application but never actually used can leave that portion of the registration vulnerable to cancellation for non-use once the mark is registered. Over-filing can also draw unnecessary scrutiny or Office Actions if the identification does not plausibly match the applicant’s actual business.

Why under-filing leaves activity uncovered

The opposite mistake, filing in too few classes, or with an identification narrower than actual use, means a registration may not cover everything the business actually does under that name. If a company later expands into a related product or service not covered by its existing registration, it may need to file a new application for that activity, starting the clock over. Delaying protection for a planned expansion can allow intervening applications or marketplace uses to complicate the later filing. Priority depends on the facts, including filing basis, use, and the rights of earlier users.