What the classes are
Every Australian trade mark is filed for specific goods and services, and those goods and services are grouped into classes. Australia uses the Nice Classification, an international system maintained by the World Intellectual Property Organization and used by most trade mark offices in the world.
There are 45 classes. Classes 1 to 34 cover goods, from chemicals in class 1 to tobacco and smokers’ articles in class 34. Classes 35 to 45 cover services, from advertising and retail in class 35 to legal and personal services in class 45.
The class you choose does two jobs. It defines what your registration protects, and it defines which earlier marks an examiner will compare yours against. Choose too narrowly and your protection may not cover how you actually trade. Choose too broadly and you pay for classes you do not need and widen the field of possible conflicts.
The classes most small brands use
| Class | Covers, broadly | Typical brands |
|---|---|---|
| 3 | Cosmetics, skincare, cleaning preparations | Skincare, fragrance, home care |
| 9 | Software, apps, electronics, downloadable content | Apps, SaaS products, devices |
| 25 | Clothing, footwear, headwear | Fashion labels, merchandise |
| 29 · 30 | Foods, including coffee, tea, bakery and snacks | Food brands, roasters |
| 35 | Advertising, business services, retail and online retail | Shops, marketplaces, agencies |
| 41 | Education, training, entertainment, events | Courses, studios, events |
| 42 | Technology, software as a service, design | Platforms, studios, consultancies |
| 43 | Restaurants, cafés, accommodation | Hospitality venues |
This is a starting map, not a complete list. The full Nice Classification and IP Australia’s picklist describe thousands of individual items.
How to choose yours
Start with what you actually sell today and what you will realistically sell in the next few years. Then find the picklist items that describe it.
- List your products and services in ordinary words. “Roasted coffee beans, coffee shop, online sales of coffee.”
- Map each one to a class. Coffee beans fall in class 30, a café in class 43, online retail in class 35.
- Use the picklist where it fits. IP Australia’s picklist holds tens of thousands of pre-approved descriptions, and applications that use it attract a lower fee.
- Cut what you are not genuinely going to use. A registration can become vulnerable to removal if it is not used.
Common class mistakes
- Filing only in the obvious class and missing the retail or online-services side of the business.
- Claiming every class “just in case”, which raises fees and invites non-use challenges later.
- Assuming a mark in another class can be ignored without checking how close the trade really is.
- Writing custom descriptions when a picklist item would have done the job at a lower fee.
This guide is general information about the Australian trade mark system, not legal advice for your situation.
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