When you file for Trademark Registration, you aren’t just protecting a name; you are protecting it within a specific “lane” of commerce. These lanes are called Classes.
As of January 1, 2026, the World Intellectual Property Organization (WIPO) has released the 13th Edition of the Nice Classification. If you are using outdated class lists, your application with Secure Mark USA or the USPTO could face immediate rejection.
1. The Goods vs. Services Divide
There are 45 total classes:
- Classes 1–34: Reserved for physical goods (e.g., chemicals, electronics, jewelry).
- Classes 35–45: Reserved for services (e.g., retail, banking, software development).
2. Key 2026 Reclassifications You Need to Know
The 2026 update has shifted several common items. Failing to account for these is a primary reason for “Office Actions” in the current filing year.
- Eyewear & Lenses: Traditionally in Class 9, many specialized optical items have moved to Class 10.
- Heated Clothing: Previously Class 11 (Heating), these are now properly categorized under Class 25 (Apparel).
- Rescue Vehicles: Moved from Class 9 to Class 12.
- Essential Oils: These are now split between Class 3 (Cosmetic), Class 5 (Medical), and Class 30 (Food) depending on the intended use.
3. The Digital Overlap: Class 35 vs. Class 42
For modern businesses, the line between “selling” and “tech” is blurry.
- Class 35: Covers the retail and marketing If you have an e-commerce store selling others’ products, you belong here.
- Class 42: Covers the creation and hosting of software (SaaS).
Secure Mark USA experts frequently see startups file in only one, leaving their brand vulnerable. If you build software and also market it as a platform, a dual-class filing is often the safest strategy.
4. Why Multi-Class Filing is a Double-Edged Sword
While it’s tempting to register in every class to “own the name,” the USPTO charges per class. Furthermore, if you don’t actually use the mark in a specific class, your registration can be canceled for “non-use.” Secure Mark USA helps you identify the “Core Classes” that provide maximum protection with minimum waste.