What Are The 45 Trademark Classes In Australia?

If you’re getting ready to protect your brand in Australia, you’ll quickly come across “trade mark classes.” Picking the right classes is one of the most important steps in filing, because your registration only protects your brand in the categories you choose.

In this guide, we’ll explain how classes work, list all 45 trade mark (trademark) classes in plain English, and share practical tips to choose the right coverage for your products and services. We’ll also walk through common class combinations by industry, costs and pitfalls to avoid so you can file with confidence.

How Trade Mark Classes Work In Australia

Australia uses the Nice Classification system (an international standard) with 45 classes: Classes 1-34 cover goods, and Classes 35-45 cover services.

When you file, you nominate one or more classes that match what you sell now or intend to sell. Your protection is limited to those classes and to the specific goods/services you list in your application. If a competitor uses a similar name in the same or closely related class, you’re in a stronger position to stop them. If they use it in an unrelated class, your rights may be weaker.

Two key points to keep in mind:

• You must genuinely use (or intend to use) the trade mark for the goods/services you claim.
• Choosing the wrong class or writing a vague specification can leave gaps in your protection.

If you’re unsure where your brand fits, it’s worth getting help before you register your trade mark. The right strategy upfront helps avoid costly amendments later.

The Full List: All 45 Trade Mark Classes (Nice Classification)

Here’s a plain‑English overview of each class. Use it to map your real offerings to the closest classes and then refine your specification.

1. Class 1 - Chemicals: Industrial chemicals, science and agriculture chemicals, adhesives for industry.
2. Class 2 - Paints: Paints, varnishes, lacquers, preservatives against rust, wood preservatives, colorants.
3. Class 3 - Cosmetics & Cleaning: Soaps, perfumery, essential oils, cosmetics, hair lotions, cleaning preparations.
4. Class 4 - Oils & Fuels: Industrial oils and greases, lubricants, dust‑absorbing compositions, fuels, candles.
5. Class 5 - Pharmaceuticals: Pharmaceuticals, medical and veterinary preparations, sanitary products, supplements.
6. Class 6 - Metal Goods: Common metals and their alloys, metal building materials, transportable buildings, hardware.
7. Class 7 - Machinery: Machines, machine tools, motors (except for land vehicles), agricultural implements.
8. Class 8 - Hand Tools: Hand‑operated tools and implements, cutlery, side arms, razors.
9. Class 9 - Electrical & Scientific: Scientific instruments, computers, software, electronics, eyewear, safety gear.
10. Class 10 - Medical Devices: Surgical and medical apparatus, dental and veterinary instruments, prosthetics.
11. Class 11 - Environmental Control: Apparatus for lighting, heating, steam generating, cooking, refrigeration, sanitation.
12. Class 12 - Vehicles: Vehicles and parts for land, air and water; mobility devices.
13. Class 13 - Firearms: Firearms, ammunition, explosives, fireworks.
14. Class 14 - Jewellery: Precious metals, jewellery, watches, chronometric instruments.
15. Class 15 - Musical Instruments: Musical instruments and accessories.
16. Class 16 - Paper Goods: Paper, cardboard, printed matter, stationery, office requisites (excluding furniture).
17. Class 17 - Rubber & Plastics: Rubber, gutta‑percha, gum, asbestos, plastics in extruded form, packing, insulating materials.
18. Class 18 - Leather Goods: Leather and imitations of leather, bags, wallets, luggage, saddlery, umbrellas.
19. Class 19 - Non‑Metal Building Materials: Building materials (non‑metal), rigid pipes (non‑metal), asphalt, gypsum products.
20. Class 20 - Furniture: Furniture, mirrors, picture frames, goods of wood, cork, reed, wicker, plastics (not included in other classes).
21. Class 21 - Household Utensils: Household or kitchen utensils and containers, cookware, brushes, glassware.
22. Class 22 - Ropes & Sacks: Ropes, string, nets, tents, tarpaulins, sails, sacks and bags (not included in other classes).
23. Class 23 - Yarns & Threads: Yarns and threads for textile use.
24. Class 24 - Textiles: Textiles and textile goods, bed and table covers.
25. Class 25 - Clothing: Clothing, footwear, headgear.
26. Class 26 - Haberdashery: Lace, embroidery, ribbons, buttons, hair ornaments, false hair.
27. Class 27 - Floor Coverings: Carpets, rugs, mats, linoleum, wall hangings (non‑textile).
28. Class 28 - Games & Sporting Goods: Games, toys, sporting articles, fitness equipment (not included in other classes).
29. Class 29 - Meats & Dairy: Meat, fish, poultry, preserved and cooked foods, dairy products, edible oils.
30. Class 30 - Coffee & Confectionery: Coffee, tea, cocoa, sugar, rice, flour, bread, pastry, confectionery, spices.
31. Class 31 - Agriculture & Fresh Produce: Agricultural products, fresh fruits and vegetables, seeds, live animals.
32. Class 32 - Beers & Soft Drinks: Beers, mineral and aerated waters, non‑alcoholic drinks, syrups.
33. Class 33 - Alcoholic Beverages: Alcoholic beverages (except beer), wine, spirits, liqueurs.
34. Class 34 - Tobacco & Smokers’ Articles: Tobacco, cigars, cigarettes, smokers’ articles, matches.
35. Class 35 - Advertising & Retail: Advertising, business management, marketing, retail and wholesale services.
36. Class 36 - Finance & Insurance: Insurance, financial affairs, monetary affairs, real estate.
37. Class 37 - Construction & Repair: Building construction, repair, installation services.
38. Class 38 - Telecommunications: Telecom services, broadcasting, data transmission.
39. Class 39 - Transport & Storage: Transport, packaging and storage of goods, travel arrangement, logistics.
40. Class 40 - Treatment of Materials: Material processing, custom manufacturing, printing, recycling.
41. Class 41 - Education & Entertainment: Education, training, entertainment, sporting and cultural activities, publishing.
42. Class 42 - Technology & SaaS: Scientific and technological services, IT services, software development, SaaS, hosting, design.
43. Class 43 - Food Services & Accommodation: Services for providing food and drink, cafés, restaurants, catering, temporary accommodation.
44. Class 44 - Medical & Beauty: Medical, veterinary, hygienic and beauty care, agriculture and horticulture services.
45. Class 45 - Legal & Security: Legal services, security services, personal and social services.

If you want a deeper dive into how classes interact and why they matter, this overview of trade mark classes is a handy companion to this list.

How To Choose The Right Classes For Your Brand

Start with what you sell today, then think two to three years ahead. Trade marks can last indefinitely if renewed, so it’s smart to cover your realistic expansion (not a wish list, but genuine plans).

• Map your offer: Split your list into “goods” and “services” and match each to the closest class above.
• Be specific: Within each class, list the actual goods/services (e.g. “coffee beans; ground coffee; café services” rather than just “food and drink”).
• Cover both sides where needed: Product businesses with a retail channel often need a goods class (for the product) and Class 35 (for retail/online retail).
• Include software properly: If you develop or provide software, Class 9 typically covers downloadable software and apps, while Class 42 covers SaaS and development services.
• Think brand extensions: Apparel brands may add accessories (Class 18) or retail (Class 35); cafés sometimes add packaged food (Class 30) or beverages (Classes 32-33).

Getting your specification right is just as important as choosing classes. It needs to be accurate, not overly broad, and aligned with your actual plans. If in doubt, getting guidance before filing can save time and re‑filing costs later.

Examples: Common Class Combinations By Industry

Food & Beverage (Café, Restaurant, Packaged Goods)

• Café/restaurant services in Class 43, plus packaged coffee or sauces in Classes 30 and 29, and possibly beverages in Classes 32-33.
• If you sell products through your online store, consider Class 35 for retail services.

Fashion & Accessories (Clothing, Bags, Jewellery)

• Core products in Classes 25 (clothing), 18 (bags/leather goods), and 14 (jewellery).
• Retail and online retail in Class 35.

Technology & SaaS

• Downloadable software and apps in Class 9.
• Software‑as‑a‑service, development, hosting, and platform services in Class 42.
• Business consultancy or marketing platforms sometimes add Class 35 if providing business services.

Fitness & Sporting Goods

• Gym services, training and classes in Class 41.
• Fitness equipment and accessories in Class 28 and possibly Classes 25 (apparel) and 21 (drink bottles).

Professional Services

• Marketing, advertising and retail consultancy in Class 35.
• Financial services in Class 36; legal in Class 45; IT consulting in Class 42.

Filing Tips, Costs And Common Pitfalls

1) Do A Clearance Search Before You File

A search reduces the risk of running into earlier, confusingly similar marks. Check identical and similar names (including look‑alikes and sound‑alikes) in the classes you plan to claim and in obvious adjacent classes.

2) Draft A Strong Specification

Vague, catch‑all descriptions can be rejected. On the flip side, being too narrow can leave you exposed. Aim for a clear list that mirrors your real offer today and your near‑term expansion.

3) Choose The Right Filing Strategy

If you plan to export or go global, consider whether you’ll need an international trade mark application after your Australian filing. This is easier when your Australian specification is well‑structured to begin with.

4) Budget For Multiple Classes And Renewals

Fees are charged per class. If your brand genuinely spans several areas, that may be money well spent. Remember to plan ahead for trade mark renewal to keep protection alive.

5) Consider Related IP Protections

A trade mark protects your brand identity (name, logo, tagline). Product shape or visual features may be better covered by a Registered Design application, while creative content or code is generally protected by copyright (and tailored IP Licence terms if you commercialise it).

6) Plan For Ownership, Licensing Or Transfer

Register in the correct owner’s name (company rather than founder, if that’s your structure). If you need to license your brand to partners or franchisees, put the right documents in place. You can also transfer a trade mark later if ownership changes.

7) Handle Examiner Issues Properly

If you receive an adverse report (for example, about descriptiveness or a cited conflict), it’s often possible to respond with arguments or amendments. Getting help at this point can make a real difference to the outcome.

Once you understand your classes and specification, the filing itself is relatively straightforward. The most important work happens before you press submit, which is why many founders get support when they register your trade mark.

Key Takeaways

• Australia uses 45 trade mark classes (1-34 goods, 35-45 services) and your protection only covers the classes and items you nominate.
• Choose classes based on your current offer and genuine near‑term expansion, then write a clear, accurate specification for each class.
• Common combos include products plus Class 35 (retail), software in Class 9 plus SaaS/services in Class 42, and hospitality in Class 43 with packaged goods in Classes 29-33.
• Search before filing, budget for multiple classes where needed, and consider complementary IP protections like a Registered Design application if relevant.
• Think ahead about ownership and licensing; you can also assign or transfer a trade mark if your structure changes.
• A well‑planned filing helps you avoid gaps, reduce examiner objections and set your brand up for long‑term protection in Australia and beyond.

If you’d like a consultation on choosing the right classes and filing your Australian trade mark, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.