Trademark Classes in Australia Explained: Choosing the Right Category for Your Brand
When you're building a business, your brand is one of your most valuable assets. It's not just a name, logo, or tagline—it's the way people recognize and trust you. Protecting that brand is critical, and one of the best ways to do so is by registering a trademark. But there's one thing many Australian business owners overlook in the process: choosing the right trademark class(es).
If you get this wrong, you risk wasting time, money, and even your trademark rights. Let’s dive into trademark classes in Australia, why they matter, and how you can make sure your brand is protected in the right categories.
What Are Trademark Classes in Australia?
Trademark classes in Australia are essentially categories for almost all goods and services under the sun. The system most countries use the Nice Classification system. There are 45 classes in total:
Classes 1–34 cover goods, like clothing, machinery, or beverages.
Classes 35–45 cover services, like legal advice, software development, or restaurant operations.
Think of trademark classes in Australia as lanes on a highway. You need to pick the right lane for your business so that your trademark applies to the goods or services you actually offer.
How to Identify the Right Trademark Class in Australia for Your Brand
Step 1: Clearly Define Your Goods and Services
This might sound obvious, but you’d be surprised how many businesses struggle to articulate what they actually sell. The clearer you are, the easier it will be to pinpoint the right class.
For example:
If you sell sportswear, your goods likely fall under Class 25 (clothing).
If you provide fitness coaching, your services would fall under Class 41 (education and training).
If you develop an app, you may need to register in Class 9 (software) and Class 42 (IT services).
Take the time to create a detailed list of your products or services. Think not only about what you offer today but also where your business might expand in the future.
Step 2: Use the IP Australia Trademark Classification Tool
IP Australia provides a free online tool to help you search for the correct class. You can type in your goods or services, and it will suggest the most relevant classes. Be as specific as possible when using the tool.
For instance, if you search for "clothing," the tool will direct you to Class 25. If you search for "retail clothing stores," it will suggest Class 35. This distinction is important because registering your trademark in the wrong class can limit its validity and/or enforceability.
Step 3: Consult a Trademark Attorney
Some classifications are straightforward, but others are not. If your business operates across multiple industries or involves unique products or services, the process can get complicated.
For example, I once worked with a company that developed smart wearables. They needed coverage for:
The hardware itself (Class 9).
The software that paired with the hardware (Class 9).
Online subscription services offered through their app (Class 42).
Getting it wrong could have left significant gaps in their protection. The best trademark attorneys in Melbourne help businesses identify all the classes they need to ensure their trademark applications are airtight
Common Challenges in Selecting Trademark Classes in Australia
Operating Across Multiple Classes
Many businesses don’t fit neatly into one class. Take a restaurant that also sells branded sauces and cookbooks. While restaurant services fall under Class 43, the sauces belong in Class 30 (food products), and the cookbooks fall under Class 16 (printed materials). It’s crucial to identify all relevant classes to avoid leaving parts of your business unprotected.
Overlapping or Confusing Categories
Some goods and services overlap between classes, making it tricky to decide where your trademark belongs. For instance, software development is Class 42, but downloadable software is Class 9. Misunderstanding these nuances can lead to costly mistakes.
Future-Proofing Your Trademark
Your business today might look very different in five years. If you register your trademark too narrowly, you might find yourself without protection when you expand. For example, a skincare brand that starts with moisturisers (Class 3) might later add branded cosmetic bags (Class 18). Planning for potential growth is vital.
Key Tips for Avoiding Mistakes
Be Specific About Your Offerings: General descriptions can lead to misclassification. It can be useful to specific your items both broadly and specifically.
Don’t Assume the Right Class: Always verify your classification using IP Australia’s tool or consult an Australian trademarks attorney.
Plan for the Future: Anticipate how your business might grow, and register for multiple classes if necessary.
How a Trademark Attorney Can Help
Choosing the correct trademark class in Australia is a nuanced process, and mistakes can be expensive. A trademark attorney can:
Help you identify the right classes based on your goods and services.
Advise on strategies for protecting your brand across multiple categories.
By working with an attorney, you are not only guided throughout the trademark application process, but your attorney will also ensure your trademark registration provides the protection your business needs. Of course, if objections arise, your trademarks attorney will know what to do if your trademark gets rejected in Australia.
FAQs About Trademark Classes in Australia
Q: Can I register my trademark in more than one class?
Yes, you can—and you should if your business operates across multiple categories. Each additional class requires an extra filing fee.
Q: What happens if my business expands into new areas?
You can file a new trademark application for additional classes, but it can often be cost-effective to include them in your original application.
Q: Are there extra costs for registering in multiple classes?
Yes, IP Australia charges a fee for each class. However, the added protection is often worth the investment.
