Trademark Classes for Startups Pick the Right One
Trademark classes are the 45 categories the United States Patent and Trademark Office uses to organize every trademark application by the specific goods or services it covers. Your registration only protects you in the class or classes you file under, so choosing the wrong one leaves gaps in your brand protection. Most startups need one to three classes. Picking the right ones before you file saves money and prevents disputes later.
Updated July 2026
What Trademark Classes Are and Why They Matter
The International (Nice) Classification of Goods and Services, maintained by the World Intellectual Property Organization, divides every possible product and service into 45 classes: Classes 1 through 34 cover goods, and Classes 35 through 45 cover services. The United States Patent and Trademark Office, the European Union Intellectual Property Office, and most national trademark offices worldwide use this same classification system, so a filing in the US maps directly to equivalent classes in the EU.
Your trademark registration is legally limited to the class or classes listed on your application. A competitor selling in a different class can often use a similar name without triggering infringement, which is why proper classification matters from day one. The general rule: if you are selling physical products, you need a goods class; if you are selling a service, you need a services class; many startups need both.
Before you settle on a name, it is worth screening it against existing registrations. The Name Check tool at Startup Name Generator runs an automated search across USPTO and EUIPO records with exact, phonetic, and fuzzy matching, so you can spot potential conflicts early. That search is not a legal clearance opinion, but it surfaces problems before you invest in an application.
The Most Common Classes for Startups
Below are the classes founders ask about most. Use this as a starting point, then confirm specifics with a qualified trademark attorney or the USPTO's ID Manual.
- Class 9 Software, mobile apps, downloadable electronic publications, and electronic apparatus. The default class for most SaaS and tech startups.
- Class 35 Business management, advertising, retail store services, and online marketplace services. Essential if you operate a platform, marketplace, or business services company.
- Class 36 Financial services, insurance, banking, and payment processing. Relevant for fintech and insurance startups.
- Class 38 Telecommunications and data transmission services. Covers communication platforms and messaging apps.
- Class 42 Software as a service (SaaS), cloud computing, IT consulting, and technology research and development services. Often paired with Class 9 for tech companies.
- Class 25 Clothing and footwear. Needed if you sell apparel as a core product line, not just branded merchandise.
How to Determine Which Class to File In
Start by asking: what does my business sell or provide to customers? The USPTO's ID Manual is the official database of accepted identifications. Search it for your specific product or service description and it will tell you which class that description falls under. If your description appears in multiple classes, you probably need multiple classes.
A common mistake is filing only in Class 42 for a software product and ignoring Class 9, or filing in Class 35 for a marketplace without covering the underlying goods sold there. Gaps in classification create gaps in your ability to enforce your trademark against infringers. If you are unsure, consult a trademark attorney before filing, not after a dispute arises. See also the page on when and whether to trademark your startup name for broader context on timing.
A single USPTO application can cover multiple classes, but each class must be listed with its own identification of goods or services, and each class carries its own fee. The practical constraint is cost, not the form.
USPTO Filing Fees by Class
Since the USPTO's fee restructure of January 2025, the base application fee is $350 per class. Surcharges are added per class when you write a custom free-form description of goods and services instead of selecting a pre-approved entry from the ID Manual, or when required information is incomplete. Every application requires a bona fide intent to use the trademark in commerce, or evidence of use, at the time of filing.
A startup filing cleanly in two classes pays $700 in base USPTO fees at the initial application stage. Additional fees apply for filing statements of use and renewals. Budget accordingly, especially if you plan to build a multi-class portfolio or file internationally. Small business owners often underestimate total registration costs when they focus only on the initial fee.
The do-it-yourself route through the USPTO's Trademark Center is available, but an error in classification or the identification of goods and services is one of the most common reasons the USPTO issues an office action, which adds time and cost, and free-form descriptions now carry their own surcharge. For anything beyond a single straightforward class, engaging a trademark attorney is usually worth the fee.
Running a Preliminary Screen Before You Apply
A trademark application that conflicts with an existing registration in the same class will likely be refused, and you may face an opposition proceeding. Running a preliminary screen before you file, or even before you settle on a name, is standard practice. The knockout trademark search page explains what that process looks like in detail.
The Name Check feature on this site searches the USPTO and EUIPO registries using exact, phonetic, and fuzzy matching, plus a domain availability check and a linguistic screen. It is an automated tool, not a legal opinion, and it does not replace a full clearance search by a qualified attorney. But it is a fast, free way to flag obvious conflicts before you spend time and money on an application. Every name generated on this site has also had its .com domain checked against live records at generation time, so you are not building a brand around a name that is already taken online.
If you are still in the naming phase, the startup name generator surfaces available names with .com domains checked in real time, which means you can move from idea to preliminary trademark screen in a single session, no login required.
Questions, answered
What is class 42 in trademarks?
Class 42 covers technology and scientific services, including software as a service (SaaS), cloud computing, IT consulting, website design, and technology research and development. It is one of the most commonly used classes for tech startups, often filed alongside Class 9 (downloadable software and electronic apparatus).
How much does a trademark class cost at the USPTO?
Since the USPTO's January 2025 fee restructure, the base application fee is $350 per class. Surcharges apply per class if you write custom free-form descriptions instead of using pre-approved ID Manual entries, or if required information is incomplete. A startup filing cleanly in two classes pays $700 in base fees. Additional fees apply for statements of use and renewals.
What is class 27 in trademarks?
Class 27 covers floor coverings, carpets, rugs, mats, linoleum, and other non-textile wall hangings. It is rarely relevant to most startups, but matters if your business sells home furnishing products in these specific categories.
What is the 5 year rule for trademarks?
After five years of continuous use, a federally registered trademark in the United States can become incontestable under Section 15 of the Lanham Act. Incontestable status makes the registration much harder to challenge on grounds such as likelihood of confusion or descriptiveness. A Section 15 declaration can be filed once the mark has been in continuous use for five consecutive years after registration, typically combined with the Section 8 declaration due between the fifth and sixth year.
How many trademark classes are there?
There are 45 classes in total under the International (Nice) Classification of Goods and Services: Classes 1 through 34 for goods and Classes 35 through 45 for services. Every trademark application filed with the USPTO, EUIPO, and most national trademark offices worldwide uses this same classification system.
Do startups need to file in multiple trademark classes?
Many startups do. A SaaS company, for example, often files in Class 9 for software and Class 42 for SaaS services. A marketplace may need Class 35 for its platform services plus additional goods classes for the products sold through it. Each class requires a separate fee, so narrow your filing to the classes that reflect what you offer to customers, and consult a trademark attorney if you are unsure.
Keep going
- A Namelix alternative that checks the trademark, not just the domain
- Namify alternative: an available .com and a live US and EU trademark screen
- Do You Need to Trademark Your Startup Name?
- How to Check a Startup Name: .com and Trademark Search
Trademark results are an automated database search against the USPTO and EUIPO registries, not legal advice and not a clearance opinion. Registries change daily; results are dated. Before filing, have counsel run full clearance.