Understanding Trademark Classes for Your Business

A Complete Guide to Trademark Classification for New York Entrepreneurs

When you start a business in New York, branding isn't just about choosing a catchy name or designing a great logo. It's about protecting that identity, too. That protection begins with trademarks. But filing a trademark without understanding how the system works can leave your business exposed. Specifically, choosing the wrong trademark class could mean that all your effort to stand out in the New York market won't stop someone else from using a similar brand.

At Horn Wright, LLP, we help business owners across New York State make smart, lasting decisions that shield their brands. Our attorneys understand the legal terrain, from Manhattan startups to family-run businesses in the Finger Lakes. When it's time to file your trademark, we walk you through the right classification to protect what you’ve built.

Start with the Basics: What Trademark Classes Do

Trademark classes categorize trademarks based on the products or services they cover. The system uses 45 international classes, 34 for goods, 11 for services. When you register your trademark with the United States Patent and Trademark Office (USPTO), you must pick the right class. That class defines what your trademark legally protects.

Let’s say you sell handmade candles in Saratoga Springs. Your trademark would fall under Class 4, which covers candles and other fuels. If you also teach candle-making workshops, you’d be in Class 41, which includes educational services. Each class draws a line around your brand’s territory. Pick the wrong one, and someone else could operate in your space without violating your rights.

In a crowded state like New York, where markets overlap and trends shift fast, you need to draw that line with care.

Why Choosing the Right Class Matters for New York Businesses

Trademarks only cover what you register. If you pick the wrong class, your registration won’t stop competitors from using a similar name in another category. For instance, a bakery in Queens and a record label in Albany can both use the same name legally if they fall under different classes.

Many New York businesses grow fast. You might start out selling clothing in Brooklyn but later open a consulting wing. If you only file under Class 25 (clothing), your brand isn't protected when it moves into Class 35 (consulting).

Mistakes like these cause:

• Delays in USPTO approval
• Exposure to copycats
• Rebranding costs
• Legal disputes that eat time and money

Business owners across the state, from Buffalo to Long Island, often miss these details. The right trademark class shields your future as well as your present.

Overview of the 45 Trademark Classes

The USPTO divides trademarks into 45 international classes. Each one draws clear boundaries between different industries and service types. Understanding where your goods or services fall can feel overwhelming, especially if your business crosses multiple areas.

Here are three examples that show how this plays out in New York:

• Class 25: Clothing and apparel — This covers items like T-shirts, jackets, and shoes. It’s a go-to for fashion startups in Brooklyn or retail shops along 5th Avenue.
• Class 9: Technology and electronics — Includes software, apps, and digital tools. Many tech entrepreneurs in Manhattan and Ithaca file under this class.
• Class 43: Food and drink services — Restaurants, cafes, and food trucks fall here. It’s relevant for culinary ventures from the Bronx to Rochester.

Keep in mind that even similar businesses may fall into different classes depending on how they operate. A yoga studio in Albany offering in-person classes would file under Class 41. If they sell their own fitness equipment, Class 28 might apply too.

How to Identify the Right Class for Your Products or Services

Choosing the right trademark class starts with one key task: defining your business as clearly as possible. Vague descriptions cause confusion and increase the chances of rejection by the USPTO.

For example, a craft brewer in Syracuse who also sells branded glassware needs to consider both Class 32 (beer) and Class 21 (drinkware). Meanwhile, an Albany-based wellness coach offering downloadable meal plans would fall under Class 9 (digital goods).

To help make the right call:

• Use the USPTO’s ID Manual to match your offering with class codes
• Write down every product or service you currently offer
• Think ahead 1–3 years: what might you expand into?

If your business serves several functions, like a Hudson Valley artist who paints, teaches workshops, and sells merchandise, you may need multiple classes. You want to cover each commercial area clearly and accurately.

Common Mistakes New York Business Owners Make

Even experienced entrepreneurs get tripped up during trademark filings. Here are the most frequent errors we see when working with business owners across New York:

• Filing under too many classes without justification
• Copying another company’s trademark class without checking fit
• Failing to include classes for expansion plans
• Describing the business too broadly or vaguely
• Thinking registration at the state level is enough

Take a Yonkers-based fitness brand, for example. They filed under Class 41 for training services but skipped Class 25, even though they sold apparel online. A year later, they had to defend their clothing line against a similar name they didn’t realize was already registered under Class 25.

Getting the class wrong can limit your protection and open you up to costly rebranding.

Multi-Class Filings: Are They Right for Your Business?

Some businesses operate in multiple commercial lanes. If your brand stretches across product types or services, a multi-class filing might make sense. Each class you add increases the cost, both for the initial filing and later maintenance.

Let’s say you run a skincare business in Hudson that sells lotions (Class 3) and also offers guided facials (Class 44). You’d need to register both classes to ensure full protection.

Before deciding to file multiple classes, ask yourself:

• Does each offering have its own revenue stream?
• Will you promote all aspects under the same brand name?
• Are you planning to expand or scale in the next two years?

In some cases, it may be better to start with one core class, then file a second once your expansion proves viable. That way, you're not paying for protection on something you might not continue.

What Happens After You File in a Class

Filing your trademark application isn’t the end of the process. Once submitted, the USPTO reviews your submission. They check whether your proposed trademark conflicts with any existing ones in the same class.

If your application meets all requirements, it moves to the Official Gazette, a public listing. During this time, others can oppose your trademark if they believe it infringes on their own. If no one objects within 30 days, your mark advances to registration.

In New York, the timeline from application to approval usually takes 8 to 12 months, depending on the complexity and whether the USPTO issues any office actions.

For New York corporations or LLCs, make sure your business name aligns with your trademark filing. Mismatches between your state registration and USPTO application can create unnecessary delays.

When to Talk to a New York Trademark Attorney

You don’t need a lawyer to file a trademark. In many cases, not having one costs more than the legal fee. We often see businesses run into avoidable problems that could’ve been solved early with experienced legal help.

You should speak to a New York trademark attorney if:

• You’re filing for multiple classes or planning to scale
• You’ve received an Office Action from the USPTO
• Your name is similar to another registered mark
• You want to protect a slogan, logo, or package design
• You sell across state lines or plan to franchise

A local attorney understands how your trademark fits into both the federal and New York business environments. They can catch state-level naming conflicts, help refine your class choices, and respond to USPTO objections efficiently. Contact our team to get started.

Protect Your New York Brand with the Right Trademark Class

Filing a trademark in New York is a shield for your business identity. Picking the right class means protecting your brand where it lives, grows, and serves. At Horn Wright, LLP, we guide business owners across New York through every part of the trademark process. 

From Rochester food brands to SoHo fashion labels, we help you make sure your mark holds up. When you’re ready to protect what you’ve built, our team is ready to stand by you.