Why Trademark Classes Matter in a Trademark Search

Why Trademark Classes Matter in a Trademark Search

If you’re getting ready to trademark your business name, product, or logo, there’s one detail you can’t afford to overlook: trademark classes. These classifications play a critical role in the trademark search and application process—and getting them wrong can put your brand at risk.

Let’s break it down so it’s easy to understand.

What Are Trademark Classes?

Every product or service falls into one of 45 trademark classes. Classes 1–34 cover physical goods, while Classes 35–45 cover services. This system helps the U.S. Patent and Trademark Office (USPTO) organize and examine trademark applications more efficiently.

USPTO trademark class definition

For example, if you’re selling clothing, you’d likely file in Class 25. If you’re offering business consulting, you’d likely fall under Class 35. Understanding trademark classes before filing an application is essential so your mark is examined against the correct group of competitors.

Want to read more about Trademark Classes? Check out our post – Understanding Trademark Classes

How Trademark Classes Guide Your Trademark Search

A trademark search isn’t a simple “Search the internet and see what comes up” kind of task. It’s a detailed process that checks for existing marks that could conflict with yours— not just in your chosen class or classes, but also in related ones where confusion could still arise.

How Trademark Classes Guide Your Search

When you conduct a trademark search, you’re essentially scanning for conflicts within your category/industry. That means trademark classes in a trademark search directly determine what gets flagged—and what might be missed. If you’re in the wrong class, you could miss a serious conflict entirely.

How One Missed Class Can Derail Your Trademark

Let’s say you want to trademark a name for your new fashion brand. You run a search and clear the name in Class 25 for clothing. But you also plan to sell purses and jewelry—and didn’t check Class 18 or Class 14. Turns out, there’s a very similar name already registered there.

That could block your registration or land you in a legal dispute.

How One Missed Class Can Derail Your Trademark

Now imagine this: You only plan to sell T-shirts (Class 25), and your search company only checks that class. But a similar brand name is already registered in Class 35 for retail store services—used by a business that sells apparel, accessories, and more. Because both brands are in the fashion space and sell similar products, the USPTO could still find the marks confusingly similar.

Your registration might be denied, or worse—you could face a cease and desist.

These kinds of missteps are among the most common mistakes to avoid when selecting a trademark class. Even if your mark is available in one class, conflicts in another can create problems—especially if your goods or services overlap.

How to Choose the Right Trademark Class for Your Business

Start by making a list of everything your business offers or plans to offer. Are you selling goods, services, or both? Then look at how those items are categorized within the USPTO system.

trademark classes 1-45 GOODS & SERVICES

But keep in mind—choosing the right trademark class for your business isn’t always straightforward. Some products cross multiple categories. Others may require strategy, especially if you’re planning to expand. This is where working with a trademark expert can save you time and prevent costly errors.

Why You Should Search All Relevant Classes

To fully protect your brand, you need to conduct a trademark search by class to avoid conflicts—and not just the most obvious one. Overlooking related classes can result in rejections, delays, or worse, infringement claims after you’ve already launched.

For example, if your business sells software – downloadable software (Class 9) and an online software platform (PaaS) (Class 42), searching only one class leaves you exposed in the other.

trademark classes for software, trademark class 9 trademark class 42

The importance of trademark classification in the search process can’t be overstated. A thorough search across all relevant classes is your best defense against future problems.

Need Help Getting It Right?

Trademark classes are a technical but critical part of your trademark search. And getting them wrong can lead to rejection, legal issues, or wasted money. Before you file, make sure your name is truly clear—in the right classes.

At TradeMark Express, we specialize in comprehensive trademark searches and accurate class selection. Our experienced team can help you avoid missteps and ensure your application is set up for success from the start.

Contact TradeMark Express today for expert help with your trademark search and application—so you can move forward with confidence.

The information provided on this site is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, or completeness of any information on the Site. The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only, and is not a substitute for legal advice. Consult a licensed attorney for legal advice.

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