Trademark Class 34: Tobacco — What It Covers, With a Live Count
Short answer
Trademark class 34 covers tobacco and tobacco substitutes, cigarettes, cigars, electronic cigarettes and vaporizers, smokers' articles, and matches. It is a goods class, and as of September 14, 2026 it holds 25,105 live US marks, 0.5% of the register, ranking 36 of 45 by size. A registration in class 34 protects the name only for these goods; the same name can be, and often is, registered by an unrelated business in another class.
Class 34 is a small class, with 25,105 live marks out of 4,796,936 across all 45 classes. A live mark is one that is registered or pending; the count is computed from USPTO bulk data by each mark's primary class and refreshed daily.
Class 34 holds vaping alongside tobacco, and it is where most of the recent growth is. Nicotine gum and patches are 5, not 34. Cannabis products cannot be federally registered while cannabis is federally illegal; the accessories can be, in 34.
What files in class 34
| Typically in class 34 | Examples of businesses |
|---|---|
| cigarettes, cigars, and loose tobacco | tobacco companies |
| e-cigarettes, vapes, and vape liquids | vape brands |
| hookah and pipe tobacco | smoking accessory makers |
| lighters and matches | nicotine pouch brands |
| rolling papers | |
| ashtrays and smoking accessories | |
| nicotine pouches | |
| cannabis smoking accessories (not cannabis itself) |
The USPTO's ID Manual lists the accepted descriptions for class 34. Choosing one of them keeps the filing fee at $350 per class; a custom description costs $550. See what a trademark costs.
What is not in class 34
| Looks like class 34, but is | Class |
|---|---|
| nicotine cessation products | 5 |
| cannabis and CBD products, which face separate federal restrictions | 5 |
| lighters as fuel | 4 |
| vape shop retail | 35 |
The class follows the product, not the industry. A business in this field will often need one of the classes above as well as class 34; the second class is a second filing fee, and a registration in one does not cover the other.
Coordinated classes
The USPTO searches class 34 together with these classes when it examines an application, because confusion between them is common. A live mark in a coordinated class can block a class 34 application, and a class 34 mark can block one of these.
A near match in a coordinated class is worth reading closely. A near match anywhere else on the register is usually not. See is my name trademarked for how to read one.
How crowded class 34 is
| Live marks in class 34 | 25,105 |
| Share of the 45-class register | 0.5% |
| Rank by size | 36 of 45 |
| As of | September 14, 2026 |
A smaller class means fewer near matches, and a name that is clear here tends to stay clear. It is still worth searching the coordinated classes, since that is where a conflict for a class 34 mark most often comes from.
Before you file in class 34
- Confirm the goods are actually class 34 against the USPTO ID Manual, not against the industry the business is in.
- Check the neighbouring classes in the table above for anything the business also sells or does.
- Search the name on Silvol and read every live match by class: class 34 and its coordinated classes matter; others usually do not.
- Budget per class. Each class is $350 to file and $650 every ten years to maintain.
Common questions
What is trademark class 34?
Class 34 is the Nice classification for tobacco and tobacco substitutes, cigarettes, cigars, electronic cigarettes and vaporizers, smokers' articles, and matches. It is one of the 34 goods classes (1–34), and it currently holds 25,105 live US marks.
What does class 34 cover?
Tobacco and tobacco substitutes, cigarettes, cigars, electronic cigarettes and vaporizers, smokers' articles, and matches. The USPTO's ID Manual has the full list of accepted descriptions; the examples above are the common ones.
How much does it cost to trademark in class 34?
$350 in USPTO fees for a clean electronic application using an ID Manual description, $550 with a custom description, plus $650 per class every ten years to maintain. Attorney fees, if any, are on top.
Is class 34 crowded?
It holds 25,105 live marks, 0.5% of the register, ranking 36 of 45. That is one of the smaller classes.
Can two businesses have the same name in class 34?
Not for similar goods. Two marks in the same class for overlapping goods or services will conflict. The same name in an unrelated class usually will not.
What are the coordinated classes for class 34?
- The USPTO searches these together with class 34 because confusion across them is common.
Keep reading
- All 45 trademark classes, with live counts
- Is my name trademarked? How to read a match by class
- How much does a trademark cost, per class
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm, does not clear names for use, and does not cover state registrations or unregistered marks. Class counts are computed from USPTO bulk data by primary class and refreshed daily.
Register counts as of September 14, 2026. Silvol is not a law firm and does not clear names for use.