When you file a trademark application, you aren’t just registering a name for everything. Instead, you are required to categorize your products and services into specific “classes” established by the International (Nice) Classification system. There are 45 different classes—34 for physical goods and 11 for services. Think of these classes like aisles in a massive global supermarket; your trademark only protects you in the specific aisles where you have paid to be.

This explains one of the most common questions in trademark law: How can Delta Airlines and Delta Faucets both exist? They have the same name and are both massive companies, yet they aren’t constantly suing each other. The answer is Trademark Classes. Trademark rights aren’t universal; you don’t own a word for every context. Delta Airlines owns “Delta” for air travel, while Delta Faucets owns it for plumbing. They stay in their own lanes, so they don’t crash into one another.

However, there is one major exception to this “stay in your lane” rule: Famous Marks. If a brand is a household name—think Apple, Coca-Cola, or Nike—they essentially own the entire highway. Because these brands are so famous, the law protects them from “dilution.” You can’t open a “Nike Dry Cleaners” or a “Coca-Cola Landscaping” company, even if those brands don’t currently sell those services. The law assumes that using these names would unfairly trade on their massive reputation.

 Precision is key. The USPTO maintains an “ID Manual” of pre-approved descriptions. Using their exact language keeps your application at the base price. If you try to write a “free-form” description, you are hit with a $200 per-class surcharge, and you increase the risk of a trademark examiner rejecting your wording as too vague. Mapping out your classes correctly on day one is the only way to ensure your brand’s foundation is built to scale.

The System: 45 Buckets of Goods

The USPTO uses an international system called the “Nice Classification” (named after Nice, France, not because it’s pleasant). There are 45 Classes:

• Classes 1-34: Physical Goods (T-shirts, Beer, Electronics, Cosmetics).
• Classes 35-45: Services (Consulting, Education, Law Firms, Restaurants).

The Golden Rule: You must pick the specific bucket that matches what you sell.

• Selling a T-shirt? That’s Class 25.
• Selling a T-shirt Store? That’s Class 35.
• Selling an App? That’s Class 9.
• Selling Software as a Service (SaaS)? That’s Class 42.

Plain English Explanation

The government divides all products and services into 45 categories called classes. You only own your trademark within the specific classes you choose (subject to likelihood of confusion with other classes), which is why a faucet company and an airline can share the name Delta.  

The TL; DR Summary

There are 45 international classes used to categorize goods and services. Trademark protection is generally limited to the specific classes listed in the registration. Famous marks like Nike or Apple receive broader protection across all classes to prevent brand dilution.

Key Takeaways

• Be Specific: You can’t just say “We sell stuff.” You have to pick from the USPTO’s approved list.
• Use the pre-approved terms in the USPTO ID Manual whenever possible to avoid the $200 per-class penalty for custom “free-form” descriptions.