Trade Mark Classes Explained: How to Choose the Right Classes

When you file a trade mark application, you do not simply protect a name “for everything”.

You need to choose the goods and services that your trade mark will cover. These are organised into trade mark classes. IP Australia confirms that there are currently 45 classes: classes 1 to 34 cover goods, and classes 35 to 45 cover services.

For example, clothing, software, cosmetics, food products, retail services and legal services all sit in different classes.

Choosing the right classes matters because your trade mark rights are tied to the goods and services listed in your application. If you file too narrowly, you may leave gaps. If you file too broadly, you may increase cost and run into issues if you do not genuinely intend to use the mark for those goods or services.

A common mistake is only thinking about what the business sells today. A better approach is to think about:

• what you sell now;

• what you are likely to sell soon;

• your main revenue streams;

• whether you provide services as well as products;

• where the brand may expand.

For example, a fashion brand might need protection for clothing, online retail services and possibly accessories. A software business may need to consider downloadable software, SaaS services, consulting and training.

The right answer depends on the business model. Two businesses using the same brand name may need very different class coverage.

Before filing, it is worth getting advice on the best trade mark classes, the wording of the goods and services, and whether your application gives you enough commercial protection.

Regional IP can help you choose the right classes and file a trade mark application that fits your business now and where it is heading next.