Understanding Australian Trade Mark Classes For Your Business

Registering a trade mark is a big milestone for any Australian business. It’s how you secure your brand name, logo or tagline so you can grow with confidence and stop copycats in their tracks.

But if you’ve looked at the application form and seen “select your classes”, you’re not alone if you felt a little unsure. Which class applies to your products or services? Do you need more than one? And what do classes like 25, 30, 32, 33 or 35 actually cover?

In this guide, we’ll break down Australian trade mark classes in plain English. You’ll learn what the classes are, which ones are most common for small businesses, how to choose the right mix for now and the future, and the simple mistakes to avoid. If you’d like help getting it right from day one, we can support you with registering your trade mark and selecting the best classes for your business model.

What Are Trade Mark Classes In Australia?

When you apply for a trade mark in Australia, you must nominate the goods and/or services your brand applies to. These are organised under the international Nice Classification system, which splits everything into 45 classes:

• Classes 1–34: goods (tangible products), and
• Classes 35–45: services.

Your registration protects your brand in the specific class (or classes) you nominate. That’s important because your exclusive rights are tied to those areas. If you don’t include a relevant class, your protection may not extend to that part of your business.

Each class has a title and a long list of examples. For instance, Class 25 covers clothing, footwear and headwear; Class 35 covers retail, wholesale, advertising and business services. You can review an overview of trade mark classes in Australia to see how they’re structured at a high level.

Why Choosing The Right Class Matters

Selecting the correct trade mark classes isn’t just a box-ticking exercise. It affects your legal position, commercial flexibility and costs.

• Targeted protection: Your trade mark stops others using a confusingly similar brand for the goods/services in your nominated classes (and closely related ones). If you leave out a class that covers what you do, you may not be able to act against infringers in that area.
• Future-proofing: If you know you’ll expand (e.g. a fashion label that will also operate an online store and release accessories), it’s smart to plan your classes around your roadmap. This saves you re-filing later.
• Cost control: You pay government fees per class. You want to cover what’s relevant without overpaying for classes that don’t fit your actual business.

As a rule of thumb, include the classes that mirror what you sell now and what you genuinely expect to sell in the near term. If you’d like tailored guidance before filing, an IP assignment strategy and ownership check can also be useful if contractors or designers created your brand assets.

Popular Australian Trade Mark Classes Explained (With Common Pitfalls)

Below are some of the most commonly used classes for Australian SMEs and startups, along with typical inclusions and watch-outs.

Class 25: Clothing, Footwear, Headwear

Class 25 is the go-to for fashion labels and apparel brands. It covers items like t-shirts, jeans, dresses, sportswear, shoes and hats.

Common pitfall: not everything you might call an “accessory” is in Class 25. Many fashion accessories sit in other classes - for example:

• Jewellery and watches: Class 14
• Leather wallets, handbags and backpacks: Class 18
• Eyewear (glasses and sunglasses): Class 9

If you’re a clothing label that also sells leather bags and jewellery, you’ll likely need Class 25 plus relevant accessory classes (e.g. 14 and 18) to properly protect your range.

Class 35: Retail, Wholesale, Advertising & Business Services

Class 35 is about services rather than products. It includes operating retail or online stores, wholesale distribution, advertising and marketing, and general business administration services.

If you run an eCommerce site under your brand selling third-party goods, Class 35 protects your brand for your retail services. This sits alongside product classes if you also sell your own branded goods.

Many retailers pair Class 35 with website terms and customer policies to manage risks at the point of sale. If you sell online, consider having clear Website Terms and Conditions and a compliant Privacy Policy in place as part of your launch.

Class 30: Staple Food Products (Not Beverages)

Class 30 covers many pantry and staple foods, such as coffee and tea, flour and preparations made from cereals, pasta, bread, pastries, cakes, biscuits, confectionery, spices and sauces.

Important correction: most beverages are not in Class 30. They typically fall under:

• Class 32 for non‑alcoholic drinks (e.g. soft drinks, mineral water, energy drinks), and
• Class 33 for alcoholic beverages (e.g. wine, beer, spirits and liqueurs).

So if you’re launching a snack brand and an iced tea line under one brand, you may need Class 30 for snacks and Class 32 for the drink.

Class 32 and Class 33: Beverages

As noted above, the beverage world is split:

• Class 32 covers non‑alcoholic drinks and preparations for making beverages (e.g. syrups).
• Class 33 covers alcoholic drinks, including wine, beer, spirits and ready-to-drink alcohol products.

Food and drink businesses often combine Class 30 (foods) with 32 and/or 33 (drinks) depending on their product roadmap.

Class 9: Electronics, Software & Digital Products

Class 9 is broad and includes computer software, mobile apps, downloadable digital files, scientific and photographic apparatus, eyewear, wearables and much more. Tech startups often pair Class 9 with service classes if they also provide development or hosting.

Class 41: Education, Entertainment & Sporting Services

Class 41 covers training courses, workshops, online education platforms, entertainment services, live events and sporting activities. If you sell courses and also license learning software, you might combine Class 41 (education services) with Class 9 (software) and Class 42 (IT services) depending on how your offering is delivered.

Class 42: IT, Scientific & Design Services

Class 42 covers design and development of software and hardware, scientific research, hosting, cloud computing, platform-as-a-service (PaaS), software-as-a-service (SaaS) and related technical services. Agencies and technology consultancies commonly file here.

How Do You Choose The Right Classes?

The best place to start is a simple description of what you actually do and sell. List your current products and services, then your “near future” plans (the next 12–24 months). Use that list to map to the relevant classes.

Step 1: Describe Your Offer In Plain English

Write one sentence for each stream of your business. For example: “We design and sell streetwear under our brand through our online store,” or “We produce a mobile app and provide subscription access.”

Step 2: Map Each Stream To A Class

From those sentences, identify the product classes (e.g. Class 25 for clothing, Class 30 for biscuits) and service classes (e.g. Class 35 for retail, Class 42 for software development). If you’re unsure, compare your list to a high-level overview of trade mark classes in Australia and refine from there.

Step 3: Plan For The Next 12–24 Months

If you genuinely intend to expand soon (e.g. adding jewellery or beverages), include those classes now rather than filing a second application later. You can’t add classes to an existing application once it’s filed, so forward planning matters.

Step 4: Sanity-Check Your Basket

Make sure you’re not overreaching (paying for classes that don’t fit), but also not under-including (missing areas you will actually use). For founders working with contractors or creatives, it’s also worth confirming you own the underlying IP via an appropriate assignment, and that confidential information is protected by a simple Non‑Disclosure Agreement when needed.

If you’d like an expert to pressure-test your selection and file for you, our team can help you register your trade mark with the right class coverage.

Common Mistakes (And How To Avoid Them)

Assuming “Accessories” Are All In Class 25

As mentioned, many accessories live in other classes (e.g. Class 14 for jewellery, Class 18 for leather goods, Class 9 for eyewear). If your label sells across categories, include the correct classes for each category you brand under your trade mark.

Putting Beverages In Class 30

Remember the split: Class 32 for non‑alcoholic beverages and Class 33 for alcoholic beverages. Keep Class 30 for staple foods such as baked goods, confectionery and sauces.

Skipping Class 35 For Retail Services

If your brand covers retail activities (especially multi‑brand stores or marketplaces), Class 35 is often essential. Product classes alone won’t protect your brand as a retailer.

Underestimating Future Expansion

If your roadmap includes new product lines or services soon, build them into your application now. You can file a second application later, but you can’t add classes to an application already filed.

Not Aligning Legal Documents With Your Brand Protection

Trade mark registration is one part of brand protection. Pair it with clear customer-facing terms, a Privacy Policy if you collect personal information, and strong ownership documents if third parties help create your brand assets.

Can You Change Or Add Classes After Filing?

Short answer: no. Once your application is lodged, you can’t add new classes or substantially broaden the goods/services you’ve claimed. If you want protection for new goods or services later, you’ll need to make a new application and pay the fees for those additional classes.

That’s why it pays to plan your class coverage around your upcoming product or service roadmap. If you’re looking beyond Australia, you can also think ahead about filing in other countries. Because trade mark classes are based on the same Nice system, you can usually translate your coverage to overseas filings. If international expansion is on the cards, our team can assist with an international trade mark application strategy to match your rollout.

What Else Should You Put In Place To Protect Your Brand?

Trade marks work best alongside the right contracts and policies. The mix you need will depend on what you sell and how you operate, but common documents include:

• Website Terms and Conditions: sets the rules for using your site or app, handling orders, disclaimers and limitations of liability. If you sell online, pair this with clear product and refund terms. See Website Terms and Conditions.
• Privacy Policy: required if you collect personal information. It explains what you collect, how you use it and how customers can access their data. See Privacy Policy.
• IP Assignment: transfers ownership of logos, packaging designs or brand assets created by contractors to your company, so your trade mark sits on a solid foundation. See IP Assignment.
• Non‑Disclosure Agreement (NDA): keeps brand concepts, product ideas and supplier terms confidential when you’re exploring partnerships. See Non‑Disclosure Agreement.
• Shareholders Agreement: if you have co‑founders or investors, this governs decision‑making, share transfers and exits so the brand’s future is clear. See Shareholders Agreement.

You don’t need everything on day one, but getting the essentials in place early will minimise disputes and protect the value you’re building in your brand.

Key Takeaways

• Australian trade mark classes define where your brand is protected; choose classes that reflect your current products and services and near‑term plans.
• Class 25 covers clothing, footwear and headwear, but many “accessories” sit in other classes (Class 14 for jewellery, Class 18 for leather goods, Class 9 for eyewear).
• Keep food and beverages separate: Class 30 covers staple foods, while beverages are typically Class 32 (non‑alcoholic) or Class 33 (alcoholic).
• Service coverage matters: if you operate as a retailer or run an online store, include Class 35 for retail and advertising services.
• You can’t add classes after filing; plan your application around the next 12–24 months to future‑proof your protection.
• Combine trade mark registration with practical protections like Website Terms and Conditions, a Privacy Policy, IP Assignment and (if relevant) a Shareholders Agreement to strengthen your position.

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