Thinking of trademarking your brand name? Before you dive in, there’s one concept that trips up a lot of business owners: trademark classes. They seem straightforward — just pick the category your product or service fits into and you’re done, right?

Not exactly.

In this guide, we’ll break down what trademark classes really are, why they matter, and how they can make or break your trademark application.

What Are Trademark Classes?

The U.S. Patent and Trademark Office (USPTO) has divided all products and services into 45 categories, known as “trademark classes.”

Here’s a quick overview:

• Classes 1–34 = Physical products (e.g., clothes, supplements, books)

• Classes 35–45 = Services (e.g., coaching, legal advice, podcasting)

These categories help the USPTO and courts understand what your business actually does — which is key to determining if a brand name is available or too similar to something already in use.

So if you're selling custom t-shirts, you’d fall under Class 25. Meanwhile, someone offering business coaching would file under Class 41. Totally different industries, right?

Makes sense — but here's where things get tricky.

Why Trademark Classes Aren’t Everything

A common assumption is:

“As long as no one else is using my brand name in my class, I’m good to go.”

But that’s not how trademark law works.

When the USPTO evaluates a trademark application, it doesn't just look at classes. It considers the bigger picture — specifically, something called the Likelihood of Confusion.

The Real Standard: Likelihood of Confusion

This legal standard answers a key question:

Would a reasonable customer think these two brands are connected?

Let’s walk through a scenario.

Imagine you're starting a gym. You’ve got the perfect brand name and check the database — nobody's using that name in Class 41 (which covers fitness training services). Awesome, right?

Not so fast.

If there's an existing athletic clothing brand with a similar name in Class 25, the USPTO might still reject your application. Why?

Because it’s totally reasonable for a customer to think the gym and the athletic clothing line could be related — like a brand expanding into new offerings. After all, gyms often sell branded apparel.

So even though the classes are different, the overlap in consumer perception creates a risk of confusion.

When Similar Names Can Coexist

On the flip side, two brands can use the same name — even in the same class — if there's no realistic chance of confusion.

Let’s say two podcasters want to register the same show name. One podcast covers personal finance. The other is about dog training.

Even though both fall under Class 41 (Education and Entertainment Services), the subjects are so different that no one would mix them up. The USPTO may allow both trademarks to register without conflict.

Real-World Example: BLUE APRON vs. GREEN APRON

Here’s a real-life case that illustrates this concept well.

• BLUE APRON has a registered trademark for its meal kit delivery service.

• GREEN APRON, a trademark filed by Starbucks, was rejected — even though Starbucks is best known for coffee shops.

Why?

Because to the average customer, “Green Apron” could easily sound like a healthy, sustainable version of “Blue Apron.” Same industry, similar name, same apron imagery — the USPTO saw a high likelihood of confusion.

This example shows that branding context matters more than just the class number.

How to Avoid Trademark Conflicts

Whether you’re just starting your business or thinking about rebranding, here are a few key steps to avoid trademark trouble:

✅ Do a Full Trademark Search

Don’t just check your class — look across similar industries. Tools like the USPTO’s TESS database or working with a trademark attorney can help uncover risks.

✅ Think Like a Consumer

Would the average customer think your brand is related to another? If so, even a different class may not save you.

✅ Get Help if You’re Unsure

An experienced trademark attorney can help you assess brand strength, file correctly, and avoid expensive rejections.

Why This Matters More Than Ever

According to the USPTO, over 440,000 trademark applications were filed in 2023 alone. With so many brands competing for space, the chance of a conflict is higher than ever.

A rejected application doesn’t just waste time and money — it could derail your launch or open you up to legal threats.

That’s why understanding the true role of trademark classes is crucial. It’s not just about checking a box. It’s about protecting your brand from the start.

Key Takeaways

• Trademark classes organize products and services into 45 categories.

• But they’re just one piece of the puzzle — the likelihood of confusion test is what really matters.

• Two similar names in different classes may still conflict if customers could believe the brands are related.

• Conversely, identical names in the same class might be fine if the industries don’t overlap.

• Always think like your customer and research thoroughly before filing.

Final Thought: Protect Your Brand the Smart Way

If you’re serious about building a brand that lasts, don’t take shortcuts when it comes to trademarks. Understanding classes is step one — but protecting your name means going deeper.

Need help checking your brand name or filing a trademark? Our team can guide you through the process and make sure you’re fully protected — the smart, strategic way.