Which Trade Mark Class Should I Choose? A Simple Guide for Australian Businesses

By IP Team

Choosing the right classes for a trade mark application is one of the most common hurdles for Australian business owners. Get it right, and your brand is properly protected. Get it wrong, and you may end up with gaps in protection, or worse, needing to start an application all over again.

To help you navigate the process, we’ve put together this DIY guide on how trade mark classes work, common mistakes to avoid, and practical tips to help you choose the right ones for your business.

What are Trade Mark Classes?

When you apply for a trade mark in Australia, you aren’t just protecting a name or logo in a vacuum; you’re protecting it for specific categories of products or services. These categories are known as classes. There are 45 classes:

  • Classes 1-34 cover goods (e.g., clothing in Class 25, health products in Class 5).

  • Classes 35-45 cover services (e.g., retail services in Class 35, education in Class 41).

You only get protection for the classes and items you specify. Once filed, you cannot add new classes; you’d need a new application, which means additional time and cost. This is why picking the right classes upfront matters for your business today and tomorrow.

Tips for Picking the Right Classes

Step 1: Goods, Services, or Both?

First, determine what your brand primarily provides to customers:

  • Goods if you sell physical products (e.g., a hairdresser selling branded shampoo selects Class 3).

  • Services if you provide intangible offerings (e.g., the same hairdresser’s salon services in Class 44).

  • Both if your business does a mix (e.g., a beauty brand’s skincare products in Class 3 and aesthetic clinic services in Class 44).

Focus on what your branding offers to customers, not internal tasks like advertising or admin.

Step 2: Use the Classification Tool

Use Trademarkability’s goods and services picker:

  • Enter keywords for your products/services (e.g., “electronics”, “retail services”, “books”).

  • It suggests classes and precise descriptions.

  • Test variations to find all matches.

Example: For smartphone cases, search “protective covers” to cover Class 9 items like “cases for mobile phones” or “protective covers for electronic devices,” broad enough for growth.

Step 3: Keep Scope Broad but Relevant

Select descriptions that fit now and near-future plans (e.g., 3 years):

  • Too narrow: Limits protection (e.g., only “A4 white printer paper”).

  • Too broad: Risks objections (e.g., “all paper products”).

  • Just right: “Paper, cardboard and goods made from these materials, namely packaging boxes, brochures and labels” (Class 16).

Only select items that apply and skip unrelated ones in the class (e.g., don’t pick coffee or spices in Class 30 if you make chocolates).

Step 4: Avoid Common Mistakes

  • No internal tasks: Skip Class 35 (advertising) or Class 42 (websites) unless you sell those services. A preserved foods producer protects Class 29 (canned goods), not its own website.

  • No promotional items: Branded pens or shirts don’t need separate classes if your core product or service is elsewhere (e.g., kitchen utensils in Class 21).

  • Multi-class if needed: Pay per class but cover your full scope to avoid gaps.

Trademarkability’s tool guides you to select exactly what fits, reducing errors.

Next Steps with Trademarkability

Ready to apply? At Trademarkability, our platform links directly to IP Australia, making it easy to:

Search availability or existing marks in our search tool.

Get guided suggestions for the correct classes.

File for just $350 (one class) + govt fees.

And if you’re still unsure, our team is here to help.

Final Thoughts

Choosing the right trade mark class isn’t just a formality, it’s a strategic decision.

Done correctly, it ensures your brand is:

  • Properly protected

  • Positioned for growth

  • Legally enforceable

Take your time with this step. It’s much easier to get it right at the start than to fix it later.

Ready to secure your brand? Start your free search at Trademarkability today.

Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Sourced from IP Australia and Trademarkability internal resources. For personalised assistance, we can refer you to our associate law firm, Cowell Clarke Commercial Lawyers.