The standard playbook for trademark class selection is a three-layer layout: the first layer is core business classes, which must be registered; the second is related business classes, which follow; the third is defensive classes, within one's means. The basis of class selection is not "what I want to sell" but "which goods and services my business chain covers." Starting from the classification structure, this guide provides selection methods, industry templates, and a list of pitfalls.
1. Understanding the Structure of the 45 Classes
The Nice Classification divides goods and services into 45 classes: Classes 1–34 are goods, and Classes 35–45 are services.
Overview of Goods Classes
- Classes 1–5: chemical raw materials; paints and varnishes; cosmetics and cleaning preparations; industrial oils and fuels; pharmaceuticals and medical nutrition. Raw materials and upstream fast-moving consumer goods concentrate here.
- Classes 6–17: metal building materials; machinery; hand tools; electronics and electrical apparatus; instruments; vehicles; firearms; jewelry and watches; musical instruments; stationery and paper goods; rubber and plastics. The main range for industrial products and hardware.
- Classes 18–25: leather goods and luggage; building materials; furniture; kitchenware and sanitary ware; ropes and tents; yarns; fabrics and bedding; clothing, footwear, and headgear. The range for household and wearable consumer goods.
- Classes 26–34: haberdashery; carpets and mats; games and toys; sporting goods; meat, eggs, dairy, and aquatic products; coffee, tea, pastries, and condiments; agricultural and forestry fresh produce; beer and beverages; alcoholic drinks; tobacco. The range for food and daily consumer goods.
Overview of Service Classes
- Class 35: advertising; business management; sales promotion for others; online retail. An unavoidable class for e-commerce, chains, and marketing services.
- Classes 36–39: finance and insurance; construction and repair; telecommunications; transport, storage, and travel.
- Classes 40–45: material processing and customization; education, entertainment, and cultural/sports activities; software design and technical services; food, drink, and accommodation; medical, beauty, and horticultural services; legal, security, wedding, and other social services.
2. The Three-Layer Selection Method
Layer 1: Core Classes
Classes directly corresponding to actual operations — none may be omitted. Criteria:
- Selling products: register in whichever class the product itself falls.
- Providing services: register in whichever class the service content falls.
- Mind the goods/services distinction: selling software is Class 9, while providing software services is Class 42; selling coffee is Class 30, while running a café is Class 43. Goods and services are different classes — when a business spans both, file on both sides.
Layer 2: Related Classes
Directions of natural business extension, including:
- Upstream and downstream: a clothing business relates to Class 24 fabrics and Class 26 accessories.
- Channels: almost every brand owner should assess Class 35 (sales promotion for others, online retail display), especially those running online stores or franchise chains.
- Complements: a restaurant business relates to Class 30 prepackaged foods and Class 32 beverages, facilitating future retail product lines.
Layer 3: Defensive Classes
Classes that prevent others from free-riding on the brand. Consider them only when the brand has reputation, financing, or nationwide expansion plans, and within one's means: every additional class carries application and renewal fees, and non-use for three years invites non-use cancellation.
3. Class Selection Templates for Common Industries
The following are reference templates for common business formats (Layer 1 first, explanations in parentheses); specific projects must still be checked against actual business:
- Clothing brand: Class 25 (clothing, footwear, headgear) + Class 18 (luggage) + Class 35 (retail promotion) + optional Classes 24 and 26.
- Restaurant: Class 43 (restaurant services) + Class 30 (condiments and pastries) + Classes 29 and 32 (ingredients and beverages) + Class 35 (chain franchise management).
- Cosmetics: Class 3 (cosmetics) + Class 5 (medical dressings) + Class 35 + Class 44 (beauty services, if offline stores exist).
- Tech / Internet: Class 9 (software products) + Class 42 (SaaS technical services) + Class 35 (platform promotion) + Class 38 (telecommunications, depending on business).
- Education and training: Class 41 (education and entertainment) + Class 9 (teaching software) + Class 16 (textbooks and publications) + Class 35.
- Food: the corresponding groups in Classes 29–32 according to the products + Class 35.
4. Choosing Similar Groups and Items
Below classes there are similar groups — filing in a class is really filing items:
- One mark, one class, 10 items: within the official fee, 10 goods or service items may be selected per class; extra items are charged per item.
- Cover multiple similar groups: different similar groups within the same class are not necessarily similar to each other; select items across groups to build an intra-class moat.
- Prefer standard names: choose from the standard names in the Classification Table of Similar Goods and Services; non-standard names are prone to correction notices and delay.
- Reserve room for growth: while covering current products, factor in the product lines of the next one or two years.
5. Common Class Selection Mistakes
- Filing goods classes but missing service classes: online stores filing goods classes but missing Class 35; software companies filing Class 9 but missing Class 42.
- Blind faith in full-class registration: registering all 45 classes is costly, and large numbers of unused classes face non-use cancellation after three years — the defensive effect may never materialize.
- Mechanically mapping the business scope of the license: the wording of a business license's scope and the classification table are not the same language; they must be translated and checked item by item.
- Ignoring cross-class similarity: some goods are found similar across classes, so class-selection searches must look beyond the home class.
- Too few, too narrow items: selecting only one or two items per class leaves vast intra-class space for others to fill with similar trademarks.
6. Post-Filing Maintenance
- Once the acceptance notice is received, the TM symbol may be used; switch to ® upon approval, within the approved classes.
- File supplementary applications promptly when the business expands into new classes — trademark rights do not automatically follow the business.
- For unused defensive classes, plan a use scheme in advance or assess the non-use cancellation risk.
- Build a trademark archive recording each registration number's classes, items, and renewal deadlines — the ten-year term arrives sooner than expected.
Conclusion
Class selection is essentially drawing the boundary of rights: drawn too small, protection fails; drawn too large, it is unaffordable. The three-layer method — core classes mandatory, related classes following, defensive classes within means — is the optimal balance of cost and protection. Check the classification table item by item against your business list before filing, and obtain a professional assessment when necessary; choosing right the first time far outweighs remedying afterwards.
7. Service Entry
If you need the above process handled for you, you may book the trademark registrability assessment service of a CNIPA-recorded agent on MyTMBee, with full assistance from document preparation to filing and follow-up.