Choose relevant trademark classes
When filing for trademark registration, the application must include the description of classes of goods and services which will be associated with and protected by the trademark. There are 45 categories of goods and services to choose from. Classes 1 through 34 cover goods, and classes 35 through 45 cover services. It's important you choose the correct class and terms, as your trademark will only be protected for the goods and/or services you select in your application.
If you intend to use your trademark on your own clothing line, you would choose class 25 (clothing, footwear and headgear). If you intend to use the trade mark in a shop that sells other people's products, you'd choose class 35 (Advertising; business management; business administration; office functions) and select the term 'Retail services in relation to clothing.
Having trouble establishing what classes are applicable to certain products and services, we have another article that explains the process in greater detail: How to choose the right classes of goods and services when registering a trademark?
The language used to describe your goods and services in a trademark application should be understandable to the average person, not just industry insiders or legal professionals.
If your description uses specialized industry terminology, you must include a plain-language explanation of those terms. Trademark offices expect clarity, not jargon.
Important rule: Avoid referencing other trademarks or brand names in your description. If your product is designed to work with another product, describe that product in general terms rather than by brand name.
❌ "Telecommunications instruments for Apple devices"
✅ "Telecommunications instruments for mobile devices"
This approach protects your application from objections and keeps your description broadly enforceable.
Plan ahead when selecting goods and services
When registering a trademark, always think about your brand's future plans. Are you planning to launch new products or services within five years of filing? If so, consider including them in your application from the start.
However, don't overreach. Trademark law requires that all listed goods and services must be actively used in commerce, meaning you must be offering them to customers. Listing goods or services you don't actually use within five years can lead to:
Costly legal challenges or cancellation proceedings
Risk of trademark revocation if descriptions are found to be false or misleading
Best practice: Be ambitious but realistic. Include upcoming offerings you are genuinely committed to launching, and avoid padding your application with speculative items.
Avoid costly mistakes: get your application right the first time
Choosing the wrong trademark classes, or providing an incomplete description of goods and services, can lead to wasted registration fees and gaps in your brand protection.
Once a trademark application is submitted, you cannot add extra classes. If you realize you forgot a class after filing, your only option is to submit an entirely new application at full cost.
Acceptable amendments after filing are limited to:
Narrowing the list of goods and services
Removing specific items
Clarifying information already included
This is why getting your application right the first time matters so much.
Not sure which class applies? We can help
If you're unsure how to classify your goods or services, use our free TMclass search tool to find the right category, or book a free consultation with our trademark experts for personalized guidance.
