Choosing the right trademark classes is a crucial step in any trademark application. It affects not only the success of your registration but also the scope of legal protection for your brand. This guide explains trademark classes, the international classification system, filing fees, and practical examples to help you make informed decisions.
What Are Trademark Classes?
Trademark classes are based on the internationally recognized Nice Classification system, which categorizes goods and services into 45 different classes:
Classes 1–34: Goods (such as food, beverages, clothing, cosmetics, etc.)
Classes 35–45: Services (such as advertising, education, financial services, legal services, etc.)
These classes define the scope of your trademark protection. Goods or services not covered by your application are generally not protected under your trademark registration. The Nice Classification is updated annually to include new products and services, such as NFT-related goods and services.
How to Choose the Right Trademark Classes?
When selecting trademark classes, the primary considerations should be your current business activities and future business plans.
Core Goods or Services: Identify the main products or services your business currently offers, as these should form the basis of your trademark application.
Future Expansion Plans: Consider your business plans for the next 3-5 years. If you expect to launch new products, expand overseas, or open retail stores, consider including the relevant classes from the outset to avoid filing additional applications later.
You may also consider the following three approaches when determining the appropriate classes:
Refer to the Official Nice Classification: Review the official Nice Classification published by the Hong Kong Intellectual Property Department (IPD) or WIPO to understand the scope of protection provided under each class.
Review Your Competitors' Trademark Filings: Reviewing your competitors' trademark registrations can help you identify the classes and specifications commonly used in your industry, as well as potential protection gaps.
Seek Professional Advice: If your budget allows, consider engaging an agent to prepare your goods and services specification. A well-drafted specification can provide more accurate protection and reduce the risk of objections or costly amendments.
Common Industries and Recommended Trademark Classes
Industry | Recommended Trademark Classes | Coverage |
|---|---|---|
Food & Beverage | Class 30 (Food and beverages), Class 43 (Restaurant and catering services), Class 35 (Retail or takeaway services) | Covers food products, dine-in and takeaway services, as well as retail business activities. |
Beauty & Skincare Brands | Class 3 (Cosmetics and skincare products), Class 35 (Retail services), Class 21 (Cosmetic tools and containers) | Covers the products themselves together with online, retail and wholesale business activities. |
Technology Companies | Class 9 (Software and electronic products), Class 42 (Technology development and IT services), Class 35 (Technology consultancy or business consultancy) | Covers software products, technology development and consulting services. |
Education & Training | Class 9 (Educational software and teaching materials), Class 35 (Education consultancy and promotional services), Class 41 (Education and training services) | Covers both online and offline education together with supporting educational materials. |
Financial Services | Class 9 (Financial software and mobile applications), Class 36 (Banking, investment and insurance services), Class 42 (FinTech services) | Covers both traditional financial services and digital financial technology solutions. |
Fashion & Apparel Brands | Class 25 (Clothing, footwear and headwear), Class 35 (Retail services), Class 18 (Leather goods and bags) | Covers physical fashion products together with retail, wholesale and brand operation activities. |
Interior Design & Home Brands | Class 20 (Furniture), Class 35 (Home furnishing retail services), Class 42 (Interior design services) | Covers both home furnishing products and interior design services. |
Health & Fitness Industry | Class 35 (Retail of health-related products), Class 41 (Fitness instruction and sports training), Class 44 (Medical and healthcare services) | Covers fitness training, healthcare services and related retail activities. |
Are Trademark Classes the Same Worldwide?
Most countries and regions adopt the Nice Classification system. Within each class, applicants must specify the goods or services they wish to protect by providing a clear and specific specification. Clear and specific descriptions are required to avoid examination objections or amendment requests.
However, Mainland China and Taiwan apply a sub-classification system (also known as subclasses or groups). Each Nice class is divided into multiple subclasses, and applicants must select the specific goods or services that match their business activities.
For example, Class 25 (Clothing) in China is divided into several subclasses, including:
Subclass 2501: Clothing (T-shirts, shirts, dresses)
Subclass 2507: Footwear (sports shoes, leather shoes)
Subclass 2508: Headwear
Under this system, trademark protection generally covers only the selected subclasses. Goods or services not included may not be protected, even if they fall within the same Nice class.
What Happens If You Choose the Wrong Trademark Class?
1. Legal Consequences
Limited Scope of Protection: Trademark protection generally applies only to the classes (or subclasses) you register. If certain goods or services are not included, you may not be able to prevent others from using or registering an identical or similar trademark for those products or services.
Example: You register your trademark in Class 25 for clothing but do not include the footwear subclass. A competitor may still register the same trademark for shoes and sell them legally.
Unable to Stop Third-Party Registrations: If another party registers your trademark in an uncovered class before you do, enforcing your rights or challenging their registration can become significantly more difficult and costly.
2. Commercial and Financial Impact
Additional Time and Costs: If you later discover that important goods or services were omitted, you will usually need to file a new trademark application. This means paying additional official and professional fees and waiting through another examination process, which may take 6 to 24 months, depending on the jurisdiction.
Loss of Business Opportunities: If a competitor secures your brand name in an unprotected class, you may lose customers, distributors, licensing opportunities, or market share. Rebuilding your brand position can be expensive and time-consuming, as illustrated by the Lan Fong Yuen case below.
Impact on Investment and Partnerships: Investors and business partners often assess the strength of a company's intellectual property portfolio. Incomplete trademark protection may reduce your company's value or create obstacles during commercial negotiations.
3. Risks of Filing Without Professional Assistance
Greater Difficulty Responding to Objections: An inaccurate or overly narrow specification is one of the most common reasons for examination objections. Without professional guidance, responding to office actions, oppositions, or cancellation proceedings can be more challenging.
Risk of Infringement Claims: Using your trademark on goods or services outside your registered classes may expose you to infringement claims, particularly if another party has already secured trademark rights in those areas.
Common Misconception: Is Registering Every Trademark Class the Safest Option?
Many startups believe that registering in as many trademark classes as possible offers the best protection. In reality, this is not always the case.
Advantages: Covers a wider range of goods and services while reducing the risk of future disputes.
Disadvantages: Higher filing costs, with unused registrations potentially subject to cancellation.
The key is to choose the right classes, not simply every class.
For example, a restaurant generally does not need to register in Class 9 for electronic products, as doing so only increases costs without providing meaningful protection.
Non-use Cancellation: In many jurisdictions, trademarks that are not genuinely used for three consecutive years may be cancelled. This is an important consideration when filing in multiple classes.
Practical Case Studies
Case 1: Lan Fong Yuen
Hong Kong's Lan Fong Yuen did not register its trademark in Mainland China, allowing a company in Hangzhou to register it first and recruit franchisees under the same brand. The Hong Kong brand was concerned that poor-quality food and hygiene standards at these unauthorized outlets would damage its reputation.
Case 2: G2000
In 2007, Hong Kong fashion brand G2000 was sued for trademark infringement in Mainland China. Although G2000 had registered its trademark in Class 25, its protection covered only the subclasses for clothing, footwear and headwear, while another party owned the "2000" trademark for subclasses including socks, scarves and ties. The court ruled that G2000 had infringed the trademark and ordered it to pay RMB 20 million in damages.
The case was ultimately settled on appeal. It highlights the importance of selecting the correct subclasses, as incomplete coverage can expose businesses to significant legal and commercial risks.
These real-life examples show that choosing the right trademark classes is essential to protecting your brand and supporting its long-term growth.
How Are Trademark Filing Fees Calculated?
In Hong Kong, official trademark filing fees are charged per class:
First class: HKD 2,000
Each additional class: HKD 1,000
⚠️Note: If you file through a trademark agent or law firm, professional service fees will be charged in addition to the official filing fees.
File Yourself vs Professional Agent?
Method | Cost | Advantages | Risks / Disadvantages |
|---|---|---|---|
DIY Filing | Low (official fees only) | Lower cost and suitable for applicants familiar with trademark requirements. | Applications may be rejected due to incorrect classification or unclear specifications, with limited support for objections or disputes. |
Regitup One-stop Trademark Platform | Medium | Combines affordable pricing with professional review, allowing users to complete the filing process online while improving application accuracy and protection. Offers greater transparency and flexibility than traditional agents. | Service fees still apply, and users need to complete part of the application process themselves. |
Professional Trademark Agent | High | Provides professionally drafted specifications, strategic advice on class selection, and assistance with objections, oppositions and other trademark matters. | Higher overall cost, but offers more comprehensive long-term protection. |
According to statistics from the Hong Kong Intellectual Property Department, around 18–22% of trademark applications over the past five years were wholly or partially refused due to issues such as unclear specifications, incorrect classification or conflicts with earlier trademarks. This highlights the importance of choosing the right trademark classes and specifications from the outset.
Between DIY filing and engaging a traditional trademark agent, Regitup offers a balanced alternative. It combines the cost advantages of self-service filing with professional review, allowing applicants to complete the process online while receiving expert support to improve filing accuracy and strengthen trademark protection. Compared with traditional agents, it offers greater transparency and flexibility, while providing an additional layer of professional review beyond a fully DIY approach.
Visit Regitup today to learn more about online trademark registration and start protecting your brand with confidence.
Conclusion
Although trademark classes may seem like just one step in the registration process, they form the foundation of effective brand protection. Choosing the right classes helps secure your trademark rights, while choosing the wrong ones can result in unnecessary costs, legal disputes and lost business opportunities.
Before filing your trademark application, you should:
Analyse your current products and services.
Consider your future business expansion plans.
Seek professional advice where appropriate.
Taking these steps will help you build stronger and more cost-effective trademark protection for your brand.