17 Mar What are the Trade Mark Classes in Australia?
Author: Ian Aldridge, Progressive Legal
A trade mark is a distinctive sign, symbol, word, or phrase that is used to identify and distinguish the goods or services of one business from those of another. Trade marks are classified into specific trade mark classes based on the nature of the goods or services it represents.
If you operate a company or business which trades goods or services and is seeking to register a trade mark in Australia, it’s imperative that you select the correct classes during the application process using the Nice Classification system introduced in 1957 by the Nice Agreement.
To help getting you started, we have outlined some key information about the trade mark classes below.
Need help with your trade marks?
Contact Progressive Legal below for expert trade mark advice and to get in touch with our team today.
REQUEST OUR ADVICEWhy are Trade Mark Classes important?
Trade mark classes are important because they help to categorise different types of goods and services, allowing businesses to protect their trade marks, avoid infringement of others’ trade marks, but also co-existing under the same or similar trade mark for different goods or services.
By identifying the appropriate trade mark classes for their goods or services, businesses can ensure that they are obtaining adequate protection for their trade mark and preventing others from using similar trade marks for similar goods or services.
It’s important for businesses to use their trademarks for the specific trade mark classes they applied for because their protection only extends to the goods and services in those classes. If a business wants to expand their protection to additional classes, they will need to file additional trade mark applications for those classes. By using their trade mark only for the classes they applied for, businesses can avoid potential infringement of others’ trade marks and ensure that their own trade mark is adequately protected.
What are the 45 Trade Mark classes in Australia?
IP Australia separates trade marks into two categories: Goods and Services.
Goods are divided into 34 classes from class 1 to class 34.
Services are divided into 11 classes from class 35 to class 45.
Below is an exhaustive list of the 45 trade mark classes, according to IP Australia’s classification of trade mark classes.
Goods |
What goods are included? |
| Class 1 | Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science. |
| Class 2 | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art. |
| Class 3 | Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations. |
| Class 4 | Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting. |
| Class 5 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| Class 6 | Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes. |
| Class 7 | Machines, machine tools, power-operated tools; motors and engines, (except for land vehicles); machine coupling and transmission components, (except for land vehicles); agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines. |
| Class 8 | Hand tools and implements (hand-operated); cutlery; side arms, except firearms; razors. |
| Class 9 | Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus. |
| Class 10 | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles. |
| Class 11 | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. |
| Class 12 | Vehicles; apparatus for locomotion by land, air or water. |
| Class 13 | Firearms; ammunition and projectiles; explosives; fireworks. |
| Class 14 | Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments. |
| Class 15 | Musical instruments. |
| Class 16 | Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks. |
| Class 17 | Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal. |
| Class 18 | Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals. |
| Class 19 | Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
| Class 20 | Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber. |
| Class 21 | Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paint brushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware. |
| Class 22 | Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor. |
| Class 23 | Yarns and threads, for textile use. |
| Class 24 | Textiles and substitutes for textiles; household linen; curtains of textile or plastic. |
| Class 25 | Clothing, footwear, headgear. |
| Class 26 | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair. |
| Class 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). |
| Class 28 | Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees. |
| Class 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats for food. |
| Class 30 | Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice (frozen water). |
| Class 31 | Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animal; malt. |
| Class 32 | Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages. |
| Class 33 | Alcoholic beverages (except beers). |
| Class 34 | Tobacco; smokers’ articles; matches. |
Services |
What services are included? |
| Class 35 | Advertising; business management; business administration; office functions. |
| Class 36 | Insurance; financial affairs; monetary affairs; real estate affairs. |
| Class 37 | Building construction; repair; installation services. |
| Class 38 | Telecommunications. |
| Class 39 | Transport; packaging and storage of goods; travel arrangement. |
| Class 40 | Treatment of materials. |
| Class 41 | Education; providing of training; entertainment; sporting and cultural activities. |
| Class 42 | Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| Class 43 | Services for providing food and drink; temporary accommodation. |
| Class 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| Class 45 | Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Key Takeaways
The trade marking process may seem simple, but many trademarks are filed incorrectly or without enough coverage, making them unenforceable. It’s crucial to nominate the correct legal entity, file the trademark correctly, and ensure adequate protection over all core business activities.
Mistakes are easily made in the trade marking process, so it’s important to seek assistance from experts who can provide tailored advice on which trade mark classes are needed to protect your brand
At Progressive Legal, our team can help determine which classes you required to guarantee the right protection for your business and brand. Contact us on 1800 820 083 to speak with one of our trade mark experts or request our advice below.
Need expert trade mark advice and legal assistance?
Contact us by giving us a call on 1800 820 083 or request our advice today.
REQUEST OUR ADVICETrade Mark Classes FAQs
What are trade mark classes?
Trade mark classes are categories that are used to classify different types of goods and services that are associated with a particular trademark. There are 45 different trademark classes in the Nice Classification system, with classes 1 through 34 being designated for goods and classes 35 through 45 being designated for services.
What is the Nice Classification system?
The World Intellectual Property Organization (WIPO) created the international trade mark classification system known as the Nice Classification system, which is used by trade mark offices around the world to classify different goods and services. WIPO is the global organisation responsible for promoting the use and protection of intellectual property rights, including trade marks.
The Nice Classification system is an international system used to classify goods and services for trade mark applications. It consists of 45 classes, with each class containing a set of terms to define the goods or services to be protected. Depending on what your goods and services are, you may only need protection in one class, but more often than not, the business may need multiple classes and activities within those classes to have the proper protection.
How Many Trade Mark Classes can I choose?
As many as you like! So long as they cover the core activities of the business.
However, bear in mind that there are additional government fees for every class you apply in, so you will pay more based on how many classes you include. Unless you’re filing a defensive trade mark application, you should have the intention to trade in this class.
Can I extend my trade mark application to more classes?
To register your trade mark in more classes, you’ll need to file a new application. It’s not possible to add classes to an existing application.
We charge a flat fee $950 + GST + government charges to file a trade mark, then $350 + GST for ongoing management of the trade mark up to final registration.
The whole process usually takes 6 or so months but it is well worth the wait to have your intellectual property secured and you receive priority rights the day you file the application. There are 45 classes to choose from when filing your trade mark application. There are a lot of classes with thousands of activities (you can just imagine how many businesses are doing what types of activities).
It’s important to seek legal advice to ensure you are fully protected from the get go as this will save you time and money in the long run.
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01 February, 2024
18 January, 2024
Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.
