Trademark Classes Explained: The 45 Nice Classes
Trademarks don't protect a word — they protect a word for something. The 45 Nice classes define that "something," and they decide whether a name conflict is fatal or irrelevant.
The system in one paragraph
The Nice Classification (named for the French city where the treaty was signed in 1957) divides everything a business can sell into 45 classes: classes 1–34 for goods — chemicals, cosmetics, software, clothing, furniture — and 35–45 for services — advertising, finance, education, tech services, legal services. Practically every trademark office in the world uses it, including the USPTO, EUIPO, and UK IPO. When you file, you claim specific classes and describe your goods or services within them; your registration protects the name for those claims, not for the word in the abstract.
Why the same name can belong to two companies
Classes exist because trademark law protects customers from confusion, not words from reuse. Nobody boards a Delta flight expecting a kitchen faucet, and nobody unwraps a Dove chocolate expecting soap — so the same word can be a live, valid trademark for different owners in different classes. This is the single most useful fact when you discover "your" name is already registered: the right question is never is the name taken? but is it taken for what I sell? Two caveats keep this honest. Related classes count against each other — an examiner treats downloadable apps (Class 9) and SaaS (Class 42) as close neighbors. And famous marks break the rules entirely: the more famous a brand, the further its protection reaches beyond its registered classes.
The classes startups actually file in
Downloadable software & electronics
Mobile apps, desktop software, downloadable games, hardware devices.
Advertising, business & retail services
E-commerce stores, marketplaces, ad-tech, business consultancies, agencies.
Financial services
Fintech, payments, insurance products, investment platforms.
Education & entertainment
Courses, coaching, media, events, non-downloadable games.
Software as a service & tech services
SaaS products, APIs, software development, hosting, AI platforms.
Clothing & apparel
Fashion brands, merch-first brands, athletic wear.
The one that surprises everyone: software splits across two classes. A downloadable app is a good (Class 9, because the user receives a copy); the same product running in the browser is a service (Class 42). A typical SaaS startup with a mobile app files in both, and an e-commerce brand often pairs its product class with Class 35 for the retail side.
Why class choice decides whether a conflict matters
Every consequence in trademark land is scoped by class. A search result showing "your" name registered means nothing until you know the classes — a conflict in Class 25 apparel is background noise for your fintech app, while a conflict in Class 36 is a stop sign. Filing fees are charged per class ( see the 2026 fee breakdown), so class choice sets your budget. And protection is bounded by class, so claiming too narrowly leaves your real business exposed while claiming too broadly wastes money and invites challenges for non-use. This is why a proper name check reports which classes a conflicting mark occupies, not just that one exists:
See which classes your name conflicts in
Free check against live US trademark data — including the Nice classes of any conflicting marks — plus domain and social handle availability.
How to pick your classes without overpaying
Start from revenue, not ambition: the class of what customers pay you for today is non-negotiable. Add a second class only for a concrete, near-term expansion — the mobile app you're shipping this year, the merch store that's actually on the roadmap. Skip the speculative ones; you can file again when the expansion is real, and registrations for goods you never sell are vulnerable anyway. When drafting the description inside each class, the USPTO's pre-approved ID Manual wording is cheaper (it avoids the custom-description surcharge) and faster through examination. And if your product genuinely straddles several classes or the search shows near-conflicts in neighboring ones, that's the moment an hour with a trademark attorney pays for itself many times over.
Where this fits in your naming process
Classes are the lens for reading every result in your name availability check: a "taken" verdict is really a per-class verdict. They're also half the answer when a name you love turns out to be registered — unrelated class, different conversation. Run your candidates through the free trademark search or the full name checker with the class question in mind, and the results stop being scary and start being actionable.
Frequently asked questions
- What are trademark classes?
- Trademark classes are the 45 categories of the Nice Classification — an international system that sorts every product and service: classes 1–34 cover goods, classes 35–45 cover services. When you register a trademark, you register it for specific classes, and your exclusive rights extend only to the goods and services you claimed (plus anything confusingly close to them).
- Which trademark class is for software or SaaS?
- Downloadable software (mobile and desktop apps) is Class 9 — it counts as a 'good' because users receive a copy. Software delivered as a service in the browser (SaaS, APIs, platforms) is Class 42. Many modern products genuinely span both, which is why two-class filings are so common for startups.
- Can two companies have the same trademark in different classes?
- Yes — that's the core purpose of the system. The same word can be registered by different owners for unrelated goods and services because customers won't confuse an airline with a faucet or a soap with a chocolate bar. The exception is famous marks, which receive protection across all categories.
- How many classes should a startup file in?
- Most startups need one or two: the class of what you actually sell today, plus the class of a concrete near-term expansion. Because fees are charged per class ($350 per class at the USPTO, for example), filing in every class you can imagine is expensive — and you can be challenged for classes you never actually use in commerce.
- What happens if I pick the wrong class?
- At the USPTO you can't add classes to an application after filing — you'd file a new application, with new fees. Worse, a registration in the wrong class may not protect your real business at all. It's the most common self-inflicted DIY filing wound, and the strongest argument for double-checking class choice (or getting an attorney's input) before submitting.
- Do I only need to check my own class for conflicts?
- No — check related classes too. Likelihood of confusion doesn't stop at class boundaries: Class 9 (downloadable apps) and Class 42 (SaaS) are treated as closely related, as are goods and the retail services that sell them. A similarity search worth its salt looks across related classes, not just the one you plan to file in.
Keep reading
- How to Check If a Business Name Is Taken →
- Business Name vs. Trademark: What's the Difference? →
- How Much Does a Trademark Cost in 2026? →
- Business Name Already Taken? What to Do Next →
- Run a free trademark search across USPTO, EUIPO & UK IPO →
- Check any name free — trademark risk, domains & social handles →