Last updated 11 June 2026.
Short version: file in the class that matches what you sell, not what you make. A coffee roaster selling beans is in Class 30. A cafe serving coffee is in Class 43. A company that does both files in both. Here is how to work out your own classes, and the official tools that settle any doubt.
What is a NICE class, really?
The Nice Classification sorts everything a trademark can protect into 45 buckets. Classes 1 to 34 are physical goods. Classes 35 to 45 are services. It is run by WIPO and used by the USPTO and almost every other office, so the class you pick at home travels with you if you file abroad.
Why the class decides what you actually own
A registration only protects you inside the classes you filed in. Register a clothing brand in Class 25 and someone can still launch the same name as a soft drink in Class 32. If a category matters to your business now or in the next few years, it needs to be on the application. Browse who already files in any class on our NICE class pages to see how crowded your space is before you commit.
How do I find the right class for my product?
Start from the verb. Write one plain sentence: we sell X to Y. The noun after sell is usually your class. Then match that description against the USPTO acceptable identifications list, which is the language an examiner expects to see. If your wording is not close to something on that list, expect an office action.
Goods or services? The line that trips people up
The same idea can sit in two very different classes depending on how you deliver it. Downloadable software is a good in Class 9. The same software delivered as a hosted subscription is a service in Class 42. Music on a disc is Class 9; a streaming service is Class 41. Decide what the customer is buying: a thing, or an ongoing service.
When you need more than one class
Each class is a separate fee and, in effect, a separate registration bolted onto one application. Most product companies need two or three: the product class, a retail or services class such as Class 35, and sometimes a software or media class. Put two brands' real class spreads side by side with our Compare tool to see what mature competitors in your category actually hold.
How to sanity-check before you pay
Three quick checks. One, search the exact mark in your target classes to see if it is taken, using our brand and owner search. Two, read the class description in full on the relevant class page. Three, confirm fees on the USPTO fees page before you file through TEAS. For anything borderline, a trademark attorney is cheaper than a refused application.
Frequently asked questions
How many NICE classes are there?
There are 45 in total: 34 goods classes and 11 services classes. The list is reviewed by WIPO and updated each year.
Can one trademark cover multiple classes?
Yes. A single application can list several classes, and you pay one fee per class. Each class is examined on its own, so one class can be refused while the others register.
How much does each extra class cost?
The USPTO charges a separate application fee for every class. Current rates are on the USPTO fees page, and the per-class structure is why filing in classes you do not need gets expensive fast.
What happens if I file in the wrong class?
You cannot move goods to a different class after filing, and the fee is not refunded. If the class is wrong you usually have to abandon and refile, so it is worth getting right the first time.
Once you know your classes, track the brands you are up against. Add any competitor through our search and WikiTrademarks will tell you when they file in a new class.