What Are The 45 Trademark Classes In Australia?

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If your business deals with goods or services and is thinking about registering a trademark, it is important that you understand the trademark classes in Australia.

As a business owner, entrepreneur or innovator, knowing how to correctly register your trademark is imperative.

There are 45 different trademark classes in Australia, let’s break them down.

First Up, What Is A Trademark?

A trademark is a way to distinguish your business’s unique goods and services.

A trademark is a tool to protect your business’s brand and ensure that it is distinguished from any other products or services.

The purpose of a trademark is to ensure that you have exclusive rights to use, license and sell that trademark.

Contrary to popular belief, a trademark is not just a logo. A trademark can be a:

Logo
Letter
Number
Word
Phrase
Sound
Smell
Shape
Picture
Movement
Type of packaging

A trademark can also be a combination of the above.

Some other important things to note about trademarks include:

A trademark is not a business name, company name or domain name.
A trademark is not a design.
- For example, the flying kangaroo on the tail of Qantas’ tail is a trademark where
Trademarks must be actively used or else they may be removed.
- This avoids people registering trademarks just for the sake of doing so.

Some examples of popular trademarks include:

The Vegemite logo
The R.M. Williams logo
The ABC logo
The Weetbix cereal box
The Google Logo
The Nike tick

Trademark Classes in Australia

Australia has 45 trademark classes that are broken down into 2 categories:

Goods: Classes 1 – 34
Services: Classes 35 – 45

In accordance with the Intellectual Property Australia, each trademark class is broken down below.

Goods

Class 1	This class applies to chemicals for use in: • IndustryScience • Photography • Agriculture • Horticulture • Forestry
Class 2	This class includes: • Paints • Varnishes • Lacquers • Other preparations that are used as coatings either for decorative or protective purposes
Class 3	Class 3 includes: • Cosmetics • Personal hygiene (for non-medical purposes only) • General cleaning • Polishing preparations
Class 4	Class 4 relates to the following goods: • Primarily industrial oils • Greases • Lubricants • Fuels • Illuminating substances • Scented and unscented candles and wicks
Class 5	A lot of goods are in Class 5, particularly those relating to: • Pharmaceutical • Veterinary and • Sanitary preparations • Baby diapers • Dietary supplements • Infant food and beverages • Sanitary items (for medical purposes) • Disinfectants
Class 6	Class 6 relates to unworked and semi-worked common metals, alloys and ores.
Class 7	Class 7 includes: • Power-driven machines • Machine tools • Motors • Engines
Class 8	Class 8 includes hand-held tools to perform tasks such as tools used for: • Drilling • Shaping • Cutting • Piercing Example include: • Hammers • Drills (not powered by electricity or any other power source) • Chisel
Class 9	This Class includes: • Electronic equipment • Instruments for scientific research • Information technology • Safety equipment • Computer software
Class 10	Class 10 includes: • Surgical, medical, dental and veterinary instruments that are used to diagnose or treat human or animal diseases • Prosthesis and artificial implants • Supportive bandages
Class 11	Class 11 includes: • Heating • Ventilation • Air conditioning • Refrigeration • Freezing equipment • Lightbulbs • Lamp shades
Class 12	Class 12 includes all machines used for transport of people, animals or things by land, air or water. Examples include: • Aeroplanes • Bicycles • Cars
Class 13	Class 13 includes: • Firearms • Ammunition • Explosives • Pyrotechnical products
Class 14	Class 14 includes: • Jewellery • Watches • Clocks • Stopwatches
Class 15	Musical instruments, their parts and accessories are all included in Class 15.
Class 16	Class 16 includes: • Paper • Cardboard • Books • Materials for printing and bookbinding
Class 17	Goods that provide insulation and watering hoses are included in this class. Examples include: • Fireproof seals • Heat insulating materials • Metal foil for insulation
Class 18	Class 18 includes items used for transport of personal goods such as: • Suitcases • Walking sticks • Umbrellas
Class 19	Class 19 includes building materials that are non-metallic, stone, cement and marble. Examples include: • Building materials of glass and plaster • Cement blocks • Concrete fences
Class 20	Class 20 relates to furniture. Examples include: • Beds • Cabinets • Desks Mattresses and pillow cases are also included in Class 20.
Class 21	Class 21 includes: • Containers • Small hand-operated utensils for household and kitchen use Examples include: • Dishes • Bowls • Drinking glasses However, knives, forks, spoons belong to Class 8.
Class 22	Class 22 is the textile materials class. Examples include: • Cotton • String • Wool
Class 23	Class 23 includes: • Yarns • Threads • Rubber and elastic threads (when used for textile purposes).
Class 24	Fabric intended for traditional textile uses are in Class 24. Examples include: • Curtains • Flags • Handkerchiefs • Wall hangings
Class 25	Class 25 includes: • Clothing • Footwear • Headgear
Class 26	Class 26 includes: • Lace • Embroidery • Ribbons • Various pins and needles • Lapel pins • Artificial flowers • Hair decorations • False hair
Class 27	Floor coverings and wall papers are in Class 27. The key here is that Class 27 only applies to covering existing floors and walls, therefore, ‘tiles’ would not be in this class but in class 19. Examples include: • Bathroom mats • Yoga mats • Rugs wallpaper
Class 28	Games, sporting instruments and Christmas trees are all included in Class 28.
Class 29	Class 29 includes food that is of animal or vegetable origins and prepared for human consumption or conversation. This class does not include fresh vegetables (Class 31). Meat, milk and dried foods are contained in this class.
Class 30	Products that are of plant origin are included in this class. Examples include: • Coffee • Tea • Rice • Grains Foods such as pizza and sandwiches are included in Class 30 as the dominant ingredient is dough and bread, which is included in Class 30.
Class 31	Class 31 includes: • Agricultural products that are not prepared for human consumption • Live animals and plants • Natural flowersTrees
Class 32	Non-alcoholic beverages, except milk, tea, coffee and chocolate based drinks are in Class 32. The only alcoholic beverage included in Class 32 is Beer.
Class 33	All alcoholic beverages are in Class 33 (except Beer).
Class 34	Class 34 includes: • Tobacco • Tobacco based products • Matches • Lighters for smokers • Ashtrays • E-cigarettes

Services

Class 35	Class 35 includes: • Advertising • Business management • Organisation and administration • Office functions
Class 36	Financial, monetary, banking and insurance services are included in Class 36. Real Estate affairs also come under Class 36.
Class 37	Construction services, installation, repair services, mining, oil and gas drilling are all included in Class 37.
Class 38	Telecommunication services are covered by Class 38.
Class 39	Class 39 includes: • Transport • Packaging and storage of goods • Travel arrangements
Class 40	Class 40 includes: • Treatment of materials • Recycling of waste and trash • Food and drink preservation
Class 41	Class 41 relates to education, providing training, entertainment, sporting and cultural activities.
Class 42	Class 42 includes: • Scientific and technological services • Design and development of computer hardware and software • Quality control and authentication services
Class 43	Food and drink services and temporary accommodation is included in Class 43.
Class 44	Class 44 includes: • Medical services • Veterinary services • Hygienic and beauty care for humans and animals • Agriculture, aquaculture, horticulture and forestry services
Class 45	Class 45 includes: • Legal services • Security services for the protection of tangible property and individuals • Personal social services for those in need

Each trademark class is very specific. There are some goods or services that one may think falls into a particular class when it in fact falls into another.

A great example of this is Beer. Beer falls into Class 32 with the non-alcoholic beverages as opposed to Class 33 with the alcoholic beverages.

When determining which class your trademark falls within, it is important to be very vigilant. For more details on each trademark class see Intellectual Property Australia here.

Need More Help?

Knowing which trademark class your good or service falls into is important to ensure that you correctly register and utilise your trademark.

If you’re worried that you still don’t know which class your trademark falls into, we’re here to help. We can also help you register your trade mark and guide you along the process. Reach out to our team for a free, no-obligations chat at team@sprintlaw.com.au or 1800 730 61.

Bella Duncan

Bella has experience in boutique and large law firms with particular interest in privacy and business law. She is currently studying a double degree in Law and Psychology at Macquarie University.

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