What class should I use for food and beverages?

Food and beverage products may fall into several different trademark classes depending on the specific items involved.

The class number is only part of the filing. The application must also contain an accurate identification describing the exact goods or services. Two businesses can both file in the same class and still have very different trademark rights because their identifications are different.

If a brand is used for more than one type of product or service, more than one class may be necessary. Each additional class can increase government filing fees and may require its own proof of use when proof is required.

Trademark applications classify goods and services using the international Nice Classification system. There are 45 classes: Classes 1 through 34 generally cover goods, while Classes 35 through 45 generally cover services. A class is an administrative category; the legal scope of an application also depends on the exact identification of goods or services written within that class.

Choosing a class is not simply choosing the industry that sounds closest. The applicant must identify what is actually sold or provided under the mark. A single brand can require multiple classes when it is used for different types of products or services, and government filing fees are generally assessed per class.