What a Trademark Class Actually Controls
A trademark isn't registered in the abstract — it's registered for specific goods or services, grouped under the Nice Classification into 45 numbered classes. Classes 1 to 34 cover physical goods (chemicals, clothing, food, machinery); classes 35 to 45 cover services (advertising, education, IT, hospitality).
This matters because protection is strictly bounded by class. A brand name registered in Class 25 (clothing) has zero legal claim against someone using the identical name in Class 30 (food products) — the two simply don't overlap under the Act, unless the mark is a well-known mark under Section 11(6), which carries cross-class protection.
⚠️ The Class Cannot Be Changed After Filing
If you file in the wrong class, there is no "correction" mechanism — you have to file a fresh application in the right class, at the full government fee, starting the clock over. Get the class right before you file, not after.
How to Choose the Right Class
Work from what you actually do, not from an industry label:
Three-Step Method
List what you sell
Not your mission statement — the literal goods or services, one by one.
Match to class
Compare each item against Nice Classification headings, not just the closest-sounding one.
Think ahead 2–3 years
A planned product line or service extension often justifies filing an extra class now.
Classes Startups Ask About Most
| Class | Covers | Typical For |
|---|---|---|
| Class 9 | Downloadable software, apps, electronic devices | App-based products, hardware |
| Class 25 | Clothing, footwear, headgear | Apparel brands |
| Class 35 | Advertising, business management, retail & e-commerce services | Online sellers, agencies, retailers |
| Class 41 | Education, training, entertainment | Ed-tech, coaching, content platforms |
| Class 42 | SaaS, IT services, technology platforms | Software-as-a-service companies |
| Class 43 | Food and drink services, temporary accommodation | Restaurants, cloud kitchens, cafes |
For the complete list of all 45 classes with examples, see our searchable trademark classes reference.
The Mistake Almost Every E-Commerce Brand Makes
A clothing brand files Class 25 and stops there. That covers the clothing itself — but not the service of selling it online. Class 35 specifically covers retail and business services, including the act of running an online store. Without it, a competitor could open a store using your exact brand name to sell similar products, and your Class 25 registration alone would not stop them, because the conflict is in the service of selling, not the goods themselves. Every online seller needs both: the product class and Class 35.
Food businesses run into a related confusion: Class 43 covers the service of dine-in restaurants, cloud kitchens and cafes, while packaged food products themselves usually sit in Class 29 or 30. A cloud kitchen selling both a dining experience and packaged sauces under one brand may genuinely need both classes.
Not Sure Which Class You Need?
Tell us what you actually sell. We'll confirm the correct class (or classes) before you file — free, no obligation.
What Changed: Nice Classification 13th Edition (2026)
The 13th edition of the Nice Classification took effect on 1 January 2026 and reorganised a handful of everyday categories:
- Eyewear split: corrective spectacles, sunglasses and contact lenses moved from Class 9 to Class 10; general smart glasses (non-corrective) remain in Class 9.
- AI services formally coded: AI-as-a-service and related software offerings are now explicitly classified under Class 42, reducing ambiguity for tech companies.
- Not retrospective: applications filed before 1 January 2026 continue to be examined under the earlier 12th edition — you don't need to refile an existing application because of this change.
If you researched your class before 2026, it's worth a quick re-check against the current edition before filing, since terminology and specific item placements can shift between editions.
Filing in Multiple Classes
A single Form TM-A application can cover several classes at once — there's no need for separate applications — but the government fee is charged per class regardless. Each class is also examined independently, so it's possible for an application to be accepted in one class and objected to in another within the same filing.
Frequently Asked Questions
Can I change my trademark class after filing?
No. There is no mechanism to amend the class after filing. If the wrong class was selected, a fresh application in the correct class is required, along with a fresh government fee.
How many classes should a startup file in?
At minimum, the class covering your core product or service, plus Class 35 if you sell directly to consumers online. Beyond that, it depends on realistic 2–3 year plans — filing defensively in every conceivable class isn't usually cost-effective.
Does registering in one class protect me in related classes too?
Generally no. Protection is limited to the class filed in, with one exception: marks recognised as "well-known" under Section 11(6) of the Trade Marks Act receive broader, cross-class protection — but that status is not automatic and is usually only available to marks with substantial reputation.
Which class covers SaaS or software-as-a-service?
Class 42 is the standard class for SaaS and IT services. If you also distribute a downloadable app or software product, Class 9 may be needed alongside it, depending on exactly what's being offered.
Do I need to refile if the Nice Classification changes?
No. Classification edition changes are not retrospective. An application filed under an earlier edition continues to be examined under that edition; the new edition only applies to applications filed after its effective date.