What Is a Nice Classification? (Trademark Classes Explained for Beginners)

When you file a trademark, you don't just register a name or logo — you register it for specific things your business does. That's where the Nice Classification comes in.

Before you pay a single filing fee, understanding this system is essential. Getting it wrong can result in a rejected application, wasted money, or gaps in your protection that competitors can legally walk through.

Here's everything you need to know, in plain English.

What Is the Nice Classification?

The Nice Classification (pronounced "niece" — after Nice, France, not the adjective) is the international system used to organize trademarks into categories of goods and services.

It was established by the Nice Agreement in 1957 and is administered by the World Intellectual Property Organization (WIPO). Today, over 150 trademark offices worldwide use it — including the USPTO in the United States, the EUIPO in Europe, and offices in the UK, Australia, India, and Canada.

The system divides everything a business might sell or offer into 45 classes:

• Classes 1–34 cover goods (physical or digital products)
• Classes 35–45 cover services (what your business does for customers)

Each class has a heading (a short description) and a detailed list of approved goods or services within it. Your trademark protection only extends to the class or classes you actually register in.

Why Does It Matter Before You File?

Because trademark protection is class-specific.

If you register your brand name under Class 25 (clothing), another business can legally use the same name to sell software under Class 9. Your trademark does not protect you outside the class you registered in.

This is also why two brands with the same name can legally coexist — Dove soap and Dove chocolate, Delta Airlines and Delta Faucets. They operate in different classes where consumer confusion is unlikely.

The reverse is also true: if you file in the wrong class, your real business activities may be completely unprotected.

How Are the 45 Classes Structured?

The 45 classes are organized loosely by product type and industry sector.

Goods classes (1–34) include categories like:

• Class 3 — cosmetics and cleaning preparations
• Class 9 — downloadable software, electronics, apps
• Class 25 — clothing, footwear, headwear
• Class 28 — games, toys, sporting articles
• Class 30 — food staples (coffee, flour, spices, baked goods)

Services classes (35–45) include:

• Class 35 — advertising, business management, retail services
• Class 38 — telecommunications, messaging, internet services
• Class 41 — education, entertainment, online publishing
• Class 42 — software as a service (SaaS), cloud computing, tech services
• Class 43 — restaurants, cafes, hospitality

An important rule: goods and services are never in the same class. If your business does both — sells a physical product and provides a service — you may need to file in two separate classes.

How to Pick the Right Trademark Class

Step 1: Identify what you're actually selling

Start with your core offering. Ask yourself: am I selling a thing (product) or doing a thing (service)?

• Selling a physical candle? That's a good → look at Classes 1–34.
• Running a candle-making workshop? That's a service → look at Classes 35–45.
• Doing both? You may need both.

Step 2: Use the USPTO ID Manual or TMclass

Don't guess. Both tools let you search by plain-language description and return the correct class and approved terminology.

• USPTO ID Manual → idm-tmng.uspto.gov
• TMclass (EUIPO) → tmclass.euipo.europa.eu

Type in what you do — for example, "downloadable mobile application for fitness tracking" — and the tool will show you the class and the exact wording the trademark office will accept.

Step 3: Check coordinated classes

Some classes are considered "related" by trademark offices, meaning a conflict in one can block your application in another. Common coordinated pairs include:

• Class 9 (downloadable software) and Class 42 (SaaS / browser-based software)
• Class 25 (clothing) and Class 18 (leather goods) and Class 14 (jewellery)
• Class 35 (retail/advertising services) and most product classes

Always search coordinated classes during your trademark clearance — not just your own.

Step 4: Think about where your business is going

You cannot add classes to an existing application after filing. If you need to expand later, you must file a brand new application and pay again.

If you plan to launch new products or services within the next few years, filing for those classes upfront in the same application is almost always more cost-effective.

How Much Does Each Class Cost?

In the United States, the USPTO charges $350 per class (as of 2025) for an online application.

One class = $350. Two classes = $700. And so on.

Each class is a separate legal scope of protection, with its own filing fee and its own description of goods or services.

When to File in Multiple Classes

You should consider multiple classes if your business:

• Sells both physical products and provides a related service
• Offers both downloadable software and a browser-based (SaaS) version
• Sells products online and operates a branded retail or marketplace presence (Class 35 may apply)
• Has concrete plans to expand into adjacent categories within the next 1–3 years

What to Avoid

Choosing the wrong class for software. This is the most common mistake among tech founders. Downloadable apps belong in Class 9. Browser-based or SaaS products belong in Class 42. If your product is both, you may need both classes. Filing in the wrong one leads to rejection and re-filing costs.

Using the class heading as your application description. The heading ("Clothing; Footwear; Headgear") is too broad to use on its own. The USPTO requires a specific, accurate description of the goods or services your mark actually covers.

Over-filing to maximise protection. Registering in 10 classes when you only operate in 2 is not a protection strategy — it's a liability. In most jurisdictions, if you don't actively use your trademark in a registered class for 5 consecutive years, you can lose that registration entirely.

Assuming different classes always mean safe coexistence. If your brand becomes well-known, or if two classes are deemed "related" by a trademark examiner, you may face a likelihood-of-confusion refusal even across different class numbers.

Confusing your domain or LLC registration with trademark protection. Owning a domain name or incorporating a business does not give you trademark rights. Trademark registration is a separate legal process.

A Common Scenario for Founders

You're building a SaaS platform. What classes do you likely need?

Most SaaS founders start with Class 42. If a downloadable version exists, add Class 9. Always verify using the USPTO ID Manual before filing.

Next Steps

Before filing a trademark application, you should:

1. Identify whether your offering is a product, a service, or both
2. Use the USPTO ID Manual or TMclass to find your class and the correct goods/services description
3. Search coordinated classes — not just your own — to identify potential conflicts
4. Decide whether future business plans justify filing in additional classes now
5. Conduct a trademark similarity search within your identified classes before submitting

Understanding the Nice Classification doesn't require a law degree — it requires knowing what your business actually does, and matching that accurately to the class system before you file.