Trademark Classes Explained: Picking the Right Goods/Services

Choosing the Right Trademark Class in Bronx, NY

If you run a business in the Bronx, trademark protection matters more than you might think. Whether you’re selling handmade jewelry in Pelham Bay or offering personal training in Soundview, your brand tells your story. And if that brand gets copied or confused with someone else’s? You could lose both customers and credibility.

Bronx intellectual property attorney support can help protect what you’ve built. At Horn Wright, LLP, we guide Bronx business owners through trademark registration step by step, starting with one of the most important early decisions: choosing the right trademark class. With the right strategy, you’ll have the legal tools to defend your brand, expand your reach, and breathe easier as you grow.

Understand What Trademark Classes Do

Trademark classes exist to keep things organized. The U.S. Patent and Trademark Office (USPTO) groups goods and services into 45 separate categories. That way, two different companies can register the same name for unrelated things. For instance, a cleaning company in the Bronx and a bakery in the Bronx could both use the same brand name legally, if they fall into different classes.

These categories help the USPTO prevent overlap and confusion. For Bronx-based businesses, that means your brand isn’t competing for protection with others unless they offer something similar. Picking the right class gives you a clear path to registration and fewer legal headaches down the line.

Know Why Picking the Right Class Matters

Some Bronx business owners wonder whether they should trademark a name, logo, or slogan. The answer depends on what part of your brand creates recognition and value. Trademarking your logo, name, or slogan can give you broader legal protection if each plays a distinct role in how customers identify your business. But even with the right mark, you still need to select the right class.

The USPTO doesn't allow changes to your goods and services after filing, so choosing the wrong class can block your application or leave your brand exposed. A clothing brand in Fordham that registers under retail services but skips Class 25 won’t protect the mark on its actual products. And if a smoothie truck near Yankee Stadium lists restaurant services but forgets food product classes, part of the business could go unprotected. Avoiding these mistakes starts by looking closely at what you do and how you present it.

Review the 45 Trademark Classes (Briefly)

Trademark classes fall into two buckets: goods (Classes 1 through 34) and services (Classes 35 through 45). You don’t need to memorize each one, but it helps to know how they break down.

Here’s a quick snapshot:

• Classes 1 to 5: Chemical and pharmaceutical products
• Class 9: Electronics and downloadable software
• Class 14: Jewelry and precious metals
• Class 25: Clothing, shoes, and headwear
• Class 35: Advertising, marketing, and retail services
• Class 41: Education, training, and entertainment services
• Class 43: Restaurant and food service businesses

Most Bronx small businesses fall into just one or two of these. If you’re running a boutique, a café, or a local gym, there’s probably a class or two that fits squarely.

Match Your Products or Services to a Class

Start with what you actually sell. That means goods, services, or both. Don’t file based on what you plan to offer five years from now, only what you’re selling now or will sell soon.

Here are a few Bronx-specific examples:

• A Pelham Bay jewelry maker might register under Class 14
• A Mott Haven food truck offering smoothies and wraps would fall into Class 43
• A Grand Concourse personal trainer likely belongs in Class 41
• A Throgs Neck online t-shirt shop could require both Class 25 and Class 35

It helps to write down each product or service you offer, then research the class it falls under. That list becomes the foundation of your trademark application.

Avoid Overreaching or Under-Including

It’s easy to get tempted and try to cover too much. But overreaching by listing goods or services you don’t really offer can trigger extra scrutiny or flat-out rejection. On the flip side, forgetting key offerings can leave your brand open to risk.

Here’s how to stay balanced:

• Stick to your current goods or services, plus anything you’re ready to launch soon
• Don’t try to claim entire categories unless you truly offer everything in them
• Read the USPTO descriptions carefully before selecting a class

A Morrisania business that sells cosmetics should focus on Class 3, not tack on skincare tools under Class 21 unless they sell both.

Getting your classes right is less about claiming territory and more about accurate representation. That builds stronger, cleaner protection.

Use the USPTO ID Manual (Without Getting Lost)

Before choosing federal protection, it helps to understand the difference between state and federal options. USPTO and New York State trademarks offer different levels of protection depending on your goals and where you plan to operate.

The USPTO provides an ID Manual that lists approved descriptions for goods and services. If you don’t use their accepted language, your application might get delayed.

Here’s how Bronx business owners can make it easier:

• Search the manual using simple keywords
• Stick to exact matches from the approved list
• Avoid vague descriptions like “selling things online” or “food services”

If you run a small deli in Kingsbridge, look for “restaurant services” or “take-out food services” in Class 43. The right description speeds up review and limits the chance of rejection.

You don’t have to be a legal expert to use the ID Manual, but a little attention to detail here goes a long way.

Plan Ahead for Future Business Growth

Think short-term, act long-term. While the USPTO wants your trademark to reflect current offerings, you should still think about where your Bronx business is headed.

That means if you’re a local home baker now but planning to open a café in Belmont next year, you might want to include both bakery goods (Class 30) and restaurant services (Class 43).

Just be realistic. The USPTO will ask for proof that you’re using your trademark in each class. If you’re not ready, leave it out for now and file later.

Future-proofing your registration means making strategic choices based on growth that’s already in motion.

Know When to File Multiple Classes

Some businesses span multiple classes. That’s not unusual. But it only makes sense if your offerings truly belong in separate categories.

A South Bronx artist might sell original paintings (Class 16) and also teach weekly workshops (Class 41). Both are central to the business, but they require separate filings.

Here are a few more examples:

• A Bronxville yoga instructor who sells branded water bottles and clothing (Classes 21 and 25)
• A Fordham-based bakery offering catering services alongside in-store sales (Classes 43 and 35)

Each additional class means more cost and more paperwork. But if your brand covers multiple types of goods or services, it might be the only way to stay protected.

Understand Fees and Filing Costs

Trademark registration isn’t free. The USPTO charges by class, and the more you include, the more you pay. Most Bronx businesses use the TEAS Plus application, which is $250 per class.

You’ll also need to:

• Submit a clear specimen of use (proof you’re using the trademark)
• Stick to USPTO-approved wording
• Pay separate fees for each class you register

So if you register for Class 25 (clothing) and Class 35 (retail services), your cost is $500.

It adds up fast. That’s why it’s so important to pick only the classes that reflect your actual business. Missteps here can also open you up to trademark mail scams and misleading notices.

Consider Legal Help Before You File

The trademark process might seem simple at first glance. But between the class selection, specimen rules, and legal language, a lot can go wrong.

Getting guidance from an attorney who works with Bronx business owners can help prevent rejection or unnecessary delays. A good lawyer helps you:

• Identify the right classes
• Use the correct descriptions
• Avoid legal conflicts with similar trademarks

Even better, they help you file in a way that supports your future growth, not just your current setup.

Smart Trademark Class Choices Protect Bronx Brands

Every Bronx business deserves to grow with confidence. Picking the right trademark class gives you that foundation. It protects your name, your work, and your future. Don’t rush through this step or guess your way through it. Take the time to understand how your goods and services align with the USPTO’s system.

At Horn Wright, LLP, we help Bronx business owners make smart decisions from day one. Contact us to start your application with clarity and confidence.