A trademark isn’t a name — it’s a name in a category.
Every trademark is filed in one or more of 45 international classes. The class is not paperwork: it defines what the mark protects, and it’s usually what decides whether two similar names can coexist.
The Nice Classification is a system of 45 classes — 34 for goods, 11 for services — used worldwide to categorise trademarks. A mark is only protected for the goods and services in its class. Two identical names in unrelated classes can coexist; two similar names in the same class usually cannot.
Relatedness is where conflicts are won or lost
Trademark conflict turns on a likelihood of confusion, and confusion depends on whether buyers would expect the same source to make both products. The class is the proxy for that. It’s why Delta can be both an airline and a faucet — different classes, no confusion — and why two SaaS tools with near-identical names collide.
The classes software founders live in
- Class 9 — downloadable software, apps, data
- Class 42 — SaaS, PaaS, hosted software, dev tools
- Class 35 — SaaS for business/advertising functions
One rule that traps founders: you can’t widen a class after you file. The identification of goods and services can be narrowed, never expanded — so the class you choose is the class you’re stuck with. Clearing in the right class from the start is the whole game.
Common questions
How many trademark classes are there?
45 — classes 1–34 cover goods, classes 35–45 cover services. They come from the Nice Agreement and are used by the USPTO and most trademark offices worldwide.
Which class is software?
Downloadable software is usually class 9; software-as-a-service and hosted tools are class 42. Many software companies file in both, plus class 35 if the product performs a business function.
Can I add a class to my trademark later?
No. You can narrow the goods and services in an application but never expand them. To cover a new class you file a new application. Choose the class carefully at the start.