How U.S. Companies Choose Trademark Classes for New Registrations and Understand Listing Requirements at a Glance

After registering a company in the United States, many entrepreneurs immediately face a practical question Which trademark classes should their brand be registered under? And if they later consider going public, what hard requirements must they meet? Though these questions may appear independent, they are in fact closely interlinked. Selecting the wrong trademark class can hinder compliant product sales, while overlooking listing requirements may cause bottlenecks during fundraising or an IPO. According to data released by the U.S. Patent and Trademark Office (USPTO) in 2026, nearly 30% of international applicants faced initial office actions rejecting their applications due to improper class selection. Concurrently, Nasdaq introduced a new due diligence reference criterion for non-U.S. enterprises-“consistency between core business operations and registered trademark classes.” This underscores that trademark registration is not merely a procedural formality; rather, it serves as a critical pre-emptive risk-control measure for commercial implementation.

How to Select the Correct Trademark Class for U.S. Brand Registration? Focus on Actual Use Scenarios.

The USPTO adopts the 11th Edition of the Nice Classification, comprising 45 broad classes (Classes 1-34 cover goods; Classes 35-45 cover services). Class selection is not based on a company’s general business scope, but strictly tied to specific goods or services already launched in the market-or scheduled for launch within the next 12 months. Examples include

1. A company selling smart water bottles should primarily register in Class 21 (household or kitchen utensils). If the product includes app-based control functionality, concurrent registration in Class 9 (downloadable software) is also required.

2. A SaaS provider offering customer relationship management (CRM) tools should file its principal application in Class 42 (software-as-a-service). However, if the company also delivers in-person training, Class 41 (education services) must likewise be covered.

3. Cross-border e-commerce sellers frequently overlook Class 35 (advertising; online retail platform services)-yet this class forms the foundational basis for Amazon Brand Registry and Google Ads brand protection.

4. The USPTO explicitly rejects “all-class” filings. Under Section 1(b), if an applicant lacks genuine intent to use a mark in a particular class, the examining attorney may require submission of actual use evidence; failure to provide such evidence results in automatic abandonment of that class.

U.S. Company Registration Does Not Automatically Satisfy Listing Requirements-Financial Metrics Alone Are Insufficient.

Take the Nasdaq Global Select Market as an example Effective April 2026, newly implemented rules strengthen disclosure obligations for non-U.S. issuers-particularly regarding alignment between intellectual property (IP) portfolio and core business activities

1. Financial eligibility continues to be satisfied via one of three established standards

Shareholders’ equity ≥ $5 million and pre-tax income ≥ $1 million (for each of the last two fiscal years);

Market value of listed securities ≥ $150 million and revenue ≥ $100 million (for the most recent fiscal year); or

Market value of listed securities ≥ $150 million and shareholders’ equity ≥ $15 million.

2. The company must disclose all U.S. trademarks already registered or currently pending before the USPTO-and at least one core trademark must correspond exactly to the USPTO class covering its primary line of business.

3. A “Letter of IP Ownership Confirmation,” issued by a U.S.-licensed attorney, must be submitted, certifying that the trademark is free from third-party pledges, licenses, or ownership disputes.

4. If the company operates in the U.S. using a trademark owned by its Chinese parent entity, formal trademark assignment recordation-not merely a license agreement-must be completed with the USPTO to satisfy listing review requirements.

Practical Recommendation Align Trademark Registration and IPO Preparation from Day One.

Many companies delay trademark filing until financing due diligence-only to discover their intended class has already been registered by others. In the first half of 2026 alone, the USPTO rejected over 12,000 trademark applications related to AI hardware and Web3 tools, primarily because descriptions such as “blockchain-based wallet software” in Class 9 were deemed overly broad and indefinite. Therefore

Within 30 days of completing U.S. company registration, conduct a comprehensive trademark search-ideally combining the USPTO’s TESS database with cross-verified analysis by a qualified U.S. trademark attorney or agency.

For the initial filing, cover at least one core goods class and one core services class-avoid over-filing across numerous classes unnecessarily.

For companies targeting a U.S. IPO within three years, proactively include Class 35 (e-commerce and advertising services) and Class 42 (cloud computing and SaaS) in their initial trademark application. These two classes are the most frequently scrutinized during regulatory compliance reviews for technology and consumer-facing enterprises.

The above outlines key considerations for selecting appropriate trademark classes and meeting U.S. listing prerequisites during the early-stage formation of a U.S. company. We hope this guidance proves helpful.