U.S. Trademark Classes Explained How Much Do You Know?

Unveiling the Mystery of U.S. Trademark Classification How Much Do You Really Know?

In today’s globalized business environment, brands have become a crucial component of corporate competitiveness. As the legal vehicle of a brand, trademarks not only represent a company’s market image, but also serve as key tools for protecting intellectual property and preventing infringement.

In the United States-one of the world’s largest consumer markets-the trademark system is particularly mature and complex. For Chinese companies or entrepreneurs aiming to enter this market, understanding the U.S. trademark classification system is an essential first step toward building an international brand.

What is the U.S. Trademark Classification System?

The U.S. trademark classification system is primarily based on the Nice Agreement, an international classification system that divides goods and services into 45 classes-classes 1 to 34 for goods, and classes 35 to 45 for services. This system is adopted by most countries worldwide to standardize trademark registration processes and improve examination efficiency.

However, while the classification system is internationally recognized, the U.S. Patent and Trademark Office USPTO has its own unique practices. For example, when filing a trademark application in the U.S., applicants must submit either a Statement of Use or an Intent-to-Use application, meaning they must explain whether the mark is already being used in commerce or is planned for future use. This differs significantly from the first-to-file systems used in some other countries, where use can come after registration.

Why Does Trademark Classification Matter?

First and foremost, choosing the correct trademark class is essential for defining the scope of trademark rights and minimizing the risk of infringement. For instance, clothing falls under Class 25, software development services under Class 42, and restaurant services under Class 43. If a company only registers in one class but fails to cover related ones, it risks having its brand name hijacked by others.

Moreover, with the rapid growth of cross-border e-commerce, more and more Chinese businesses are selling on platforms like Amazon and eBay, which often require sellers to have a valid U.S. trademark registration. In 2025, Amazon has further tightened its brand verification process, with many sellers facing account restrictions or even suspensions due to incorrect trademark class selections. This trend highlights the growing importance of understanding and properly applying U.S. trademark classification.

Common Misconceptions and Practical Tips

A common mistake among first-time trademark applicants is assuming that registering in one class will cover all related products or services. In reality, U.S. trademark law strictly enforces class boundaries. Take smartwatches, for example-they may fall under Class 9 scientific instruments and electronic devices, Class 14 watches and jewelry, or even Class 10 medical devices if they include health-monitoring features.

Before applying, it’s crucial to thoroughly research your product positioning and consult with an experienced attorney or trademark agent to ensure all potential use cases are covered. Since the U.S. operates on a one application per class system, companies seeking protection across multiple classes must file separate applications-leading to higher costs and longer processing times.

Recent Trends Classification Challenges in AI and Emerging Industries

As technology advances rapidly, new fields like artificial intelligence, blockchain, and the metaverse are pushing the boundaries of traditional trademark classification. For example, an AI voice assistant might involve Class 9 software, Class 42 technical support, and even Class 38 online communication services.

Similarly, virtual goods such as NFTs non-fungible tokens have prompted the USPTO to update its classification standards. In early 2025, the office revised its guidelines, clarifying that virtual clothing should be classified under Class 25, while virtual artwork belongs in Class 9. These updates show that trademark classification is not static-it evolves alongside technological innovation and market demand.

Conclusion

While the U.S. trademark classification system may seem complex at first glance, understanding its logic and key procedures can save businesses significant time and resources. In today’s highly competitive global market, brand building is no longer just a marketing concern-it's a strategic decision that affects a company’s long-term success. Grasping and effectively utilizing the U.S. trademark classification system is the first critical step toward establishing a strong international brand.