What Trademark Class Am I In? The Most Common Classes by Business Type
Short answer
Your trademark class is decided by what you sell or do, not by your industry. Downloadable software is class 9 and hosted software is 42; clothing is 25; a restaurant is 43; coffee beans are 30; cosmetics are 3; an online store is 35; consulting is 35; fitness instruction is 41; financial services are 36. Most businesses need two classes, because the product and the selling of it, or the good and the service, are classed separately. The four most common classes on the register, holding a third of all 4,796,936 live marks, are 9, 35, 25, and 41.
The question is asked as "what class is my industry" and the answer is always "which of your products". A fitness company is not in a fitness class; it is in class 41 for the classes it runs, 9 for the app it sells, 25 for the shirts, and 28 for the equipment, and it registers in whichever of those it actually does.
The USPTO's ID Manual is the authority. It lists tens of thousands of accepted goods and services descriptions, each with its class. Picking a description from it keeps the filing fee at $350 per class; writing your own costs $550. See what a trademark costs. The tables on this page are the shortcut to the right neighbourhood of the manual.
Every table shows the live count for the class, because a class with 587,000 marks behaves differently from one with 18,000 when you search your name in it. The full list of 45 has every class; this page has the ones people actually ask about.
The ten classes most businesses land in
| Rank | Class | Covers | Live marks | Typical business |
|---|---|---|---|---|
| 1 | 9 | Electronics and downloadable software | 587,885 | Apps, software, electronics, eyewear, digital content |
| 2 | 35 | Advertising, business, and retail services | 387,262 | Online stores, marketplaces, agencies, consultants |
| 3 | 25 | Clothing and footwear | 347,642 | Apparel, shoes, merch |
| 4 | 41 | Education and entertainment | 326,473 | Courses, podcasts, events, gyms, media |
| 5 | 3 | Cosmetics and cleaning products | 197,002 | Skincare, beauty, fragrance, household cleaners |
| 6 | 42 | Technology services and SaaS | 178,490 | SaaS, cloud, IT, design, AI |
| 7 | 28 | Toys and sporting goods | 175,832 | Toys, games, sports and fitness equipment |
| 8 | 21 | Housewares and kitchen | 171,893 | Cookware, drinkware, home goods |
| 9 | 5 | Pharmaceuticals and supplements | 166,968 | Drugs, vitamins, supplements, medicated products |
| 10 | 16 | Paper goods and printed matter | 162,785 | Books, stationery, planners, packaging |
Counts as of September 14, 2026, computed from USPTO bulk data by primary class.
By business type
Find what you sell or do. The second column is the class most of that business's marks sit in; the third is the class the same businesses usually also need.
Software and technology
| Business | Primary class | Usually also |
|---|---|---|
| Mobile app (downloadable) | 9 | 42 if there is a web version |
| SaaS, web app, no download | 42 | 9 if there is an app |
| Video game (downloadable) | 9 | 41 for online play |
| AI product or service | 42 | 9 for a downloadable model or app |
| Consumer electronics | 9 | 35 for the online store |
| IT consulting, development agency | 42 | 35 for business consulting |
| Cybersecurity | 42 | 9 for downloadable tools, 45 for monitoring |
| Messaging, video calls, streaming transmission | 38 | 9 and 42 |
Retail and consumer goods
| Business | Primary class | Usually also |
|---|---|---|
| Clothing brand | 25 | 35 for the online store |
| Shoes | 25 | 35 |
| Handbags, wallets, luggage | 18 | 25, 35 |
| Jewelry, watches | 14 | 35 |
| Eyewear, sunglasses | 9 | 35 |
| Skincare, cosmetics, fragrance | 3 | 44 if there is a salon, 5 if medicated |
| Hair care products | 3 | 44 for salon services, 26 for wigs and extensions |
| Candles | 4 | 3 for scented oils, 35 |
| Cookware, drinkware, kitchen goods | 21 | 35 |
| Furniture, mattresses | 20 | 24 for bedding, 35 |
| Toys, board games | 28 | 9 for a digital version |
| Pet products | 31 for food | 18 leashes, 20 beds, 21 bowls, 5 supplements |
| Online store or marketplace (selling others' goods) | 35 | The class of any own-brand goods |
| Stationery, planners, journals | 16 | 9 for digital planners, 35 |
Food and drink
| Business | Primary class | Usually also |
|---|---|---|
| Restaurant, café, bar | 43 | 30 or 29 for packaged products, 35 for franchising |
| Coffee roaster (beans) | 30 | 43 for the café, 35 for the online store |
| Coffee shop | 43 | 30 for beans sold retail |
| Bakery | 30 for baked goods | 43 for the shop or café |
| Packaged snacks, cereal, chocolate | 30 | 35 |
| Meat, dairy, plant-based protein, jams | 29 | 35 |
| Sauces, condiments, spices | 30 | 35 |
| Soft drinks, water, energy drinks, juice | 32 | 35 |
| Beer, brewery | 32 | 43 for the taproom, 25 for merch |
| Wine, spirits, hard seltzer | 33 | 43 for a tasting room, 35 |
| Supplements, vitamins, protein powder (health claims) | 5 | 35 |
| Meal kits, meal delivery | 29 or 30 by content | 39 for delivery, 43 for prepared meals |
Services
| Business | Primary class | Usually also |
|---|---|---|
| Marketing, advertising, PR agency | 35 | 42 for web design |
| Business consulting, coaching | 35 | 41 for training and courses |
| Recruiting, staffing | 35 | |
| Accounting, bookkeeping | 35 | 36 for tax and financial advice |
| Bank, lender, payments, fintech | 36 | 9 for the app, 42 for the platform |
| Insurance | 36 | 9, 42 |
| Real estate brokerage, property management | 36 | 35 for listings, 37 for development |
| Law firm, legal services | 45 | 42 for legal tech |
| Construction, contractor, home services | 37 | 19 or 6 for materials, 42 for design |
| Cleaning services | 37 | 3 for products |
| Landscaping, lawn care | 44 | 37 for hardscape |
| Delivery, courier, logistics | 39 | 42 for the platform, 9 for the app |
| Ride-share, car rental, travel booking | 39 | 43 for lodging, 9, 42 |
| Hotel, short-term rental | 43 | 39 for travel, 42 for the platform |
| Print shop, custom manufacturing, print-on-demand | 40 | 16 or 25 for own products |
Health, beauty, fitness, and education
| Business | Primary class | Usually also |
|---|---|---|
| Gym, fitness studio, personal training | 41 | 25 for merch, 9 for an app, 28 for equipment |
| Yoga studio | 41 | 27 for mats, 25 |
| Medical clinic, telehealth | 44 | 9, 42 for the technology |
| Dental, orthodontic | 44 | |
| Therapy, counseling, mental health | 44 | 9, 42 for an app |
| Salon, spa, barbershop, nails, lashes | 44 | 3 for a product line |
| Tattoo studio | 44 | 25 for merch |
| Medical device | 10 | 9 for software, 44 |
| Online course, e-learning, tutoring | 41 | 9 if downloadable, 16 for printed materials |
| School, coaching, training company | 41 | 35 for business coaching |
| Veterinary, pet grooming | 44 | 31 for food, 18 for accessories |
Media, content, and creators
| Business | Primary class | Usually also |
|---|---|---|
| Podcast | 41 | 9 for downloadable episodes, 25 for merch |
| YouTube channel, streamer | 41 | 25, 9 |
| Newsletter, online magazine | 41 | 16 if printed, 9 if downloadable, 42 for the platform |
| Book publisher | 16 | 41 for publishing services, 9 for ebooks |
| Photographer, videographer | 41 | |
| Band, musician, record label | 41 | 9 for recordings, 25 for merch |
| Sports team, esports organization | 41 | 25 for merch, 28 for equipment |
| Event, festival, conference | 41 | 35 if it is a trade show |
| Social network, dating app | 45 | 9 for the app, 42 for the platform |
| Influencer with a product line | The class of the product | 35 for endorsement and promotion services |
The four questions that come up most
Class 9 or class 42? Downloaded and installed is 9; used in a browser and never installed is 42. Most software companies need both, and the USPTO coordinates the two classes because confusion between them is common. A company with an app and a web version files both.
Do I need class 35 for my online store? If you sell your own goods through your own site, the goods are in their own class and the retail service is 35. Many brands file both; some file only the goods class and rely on it. If you sell other people's goods, 35 is the only class that fits.
Is coffee 30 or 43? The beans, ground coffee, and packaged drinks are 30. The café where coffee is served is 43. A roaster with a café needs both.
Is my supplement 5 or 29/30? If it makes a health claim or is marketed as a dietary supplement, 5. If it is sold as food, 29 or 30 by content. The marketing decides, and the two classes have different regulatory neighbours.
Two classes, usually
Most registrations for operating businesses end up in two classes, because a business rarely does one thing. The common pairs:
| Pair | Who |
|---|---|
| 9 + 42 | Software with an app and a web version |
| 25 + 35 | Clothing brand with its own store |
| 30 + 43 | Coffee roaster with a café; bakery with a shop |
| 41 + 25 | Any content, sports, or fitness brand that sells merch |
| 36 + 42 | Fintech |
| 3 + 44 | Beauty brand with a salon or treatment service |
| 35 + 41 | Consultant who also teaches |
| 44 + 9 | Telehealth |
Each class is $350 to file and $650 per decade to maintain, so the second class is a budget line, not an afterthought. A registration in one class does not cover the other, and a class cannot be added later without a new application. See what a trademark costs.
Before you choose
- List what you sell or do, as a customer would say it.
- Find each item in the tables above, or in the USPTO ID Manual for anything not listed.
- Drop the classes you do not actually use. Registering in unused classes wastes fees and invites cancellation for non-use.
- Search your name in each remaining class on Silvol, and read the live count: a crowded class means more near matches to read through.
- Check the coordinated classes on each class's page, since that is where a conflict most often hides.
Common questions
What trademark class am I in?
The class of the goods or services you actually sell, not your industry. Software is 9 or 42, clothing 25, restaurants 43, cosmetics 3, online retail and consulting 35, fitness and education 41, financial services 36. Most businesses need two.
What is the most common trademark class?
Class 9, electronics and downloadable software, with 587,885 live marks (12.3% of the register). Then 35, 25, and 41. Together those four hold about a third of all live marks.
What trademark class is clothing?
Class 25 for the clothing, footwear, and headwear. Class 35 for the online store if the brand sells through its own site. Bags are 18 and jewelry is 14.
What trademark class is software?
Class 9 for downloadable software and apps; class 42 for software provided as a service online. Most software companies file in both.
What trademark class is a restaurant?
Class 43, which covers food and drink services and temporary accommodation. Packaged products sold under the same name are in a goods class, usually 30 or 29.
What trademark class is coffee?
Class 30 for coffee beans, ground coffee, and packaged coffee drinks. Class 43 for a café. A roaster with a shop needs both.
What trademark class is consulting?
Class 35 for business consulting, marketing, and advertising. Class 42 for technology consulting. Class 41 if the consulting is delivered as training or courses.
What trademark class is an online store?
Class 35, for retail store services. The goods sold, if they are your own brand, are in their own classes as well.
Can I be in more than one class?
Yes, and most operating businesses are. Each class is a separate fee and a separate description; a registration in one does not cover another.
How do I find the right class for my product?
Search the USPTO ID Manual for the product name; the accepted descriptions show their class. The tables above cover the common cases.
What if my product does not fit any class cleanly?
Choose the class whose accepted descriptions come closest, or file in two. A custom description costs $200 more per class and is examined more strictly. An attorney's hour is well spent on a product that straddles classes.
Does the class affect how likely my trademark is to be approved?
Indirectly. A crowded class has more live marks to conflict with, so a near match is more likely. The class itself does not change the examination standard.
Keep reading
- Trademark classes: all 45, with live counts
- How much does a trademark cost, per class
- Is my name trademarked? How to read a match by class
- Trademark attorney fees: when the fee pays for itself
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; class assignments above are typical, and the USPTO ID Manual governs.
Register counts as of September 14, 2026. Silvol is not a law firm and does not clear names for use.