You've decided to register your trade mark. You open the IP Australia application. And then you hit the question that stops most people cold: 'Which class?'

There are 45 of them. Forty-five. And most of the descriptions read like they were written for someone with a law degree.

Here's what trade mark classes actually are, which ones creative businesses typically need, and how to avoid the expensive mistake of choosing the wrong one.

Table of contents

• What are trade mark classes?
• Why class selection matters so much
• Which classes do most creative businesses need?
• What happens if you choose the wrong class?
• Can you register in more than one class?
• How to work out which class is right for you
• Frequently asked questions

What are trade mark classes in Australia?

Trade mark classes are categories that define what your trade mark protects.

Australia follows the Nice Classification system, an international standard used in over 150 countries. There are 45 classes: Classes 1–34 cover physical goods (everything from chemicals to clothing), and Classes 35–45 cover services (from advertising to education).

When you register a trade mark, you register it in the specific class or classes that match what you sell. Your protection applies only in those classes.

Why does class selection matter so much?

Your trade mark registration only protects you in the classes you register in.

If someone else starts using a similar name in a class you haven't registered in, you have limited grounds to stop them. Class selection is one of the most important, and most commonly misunderstood, parts of the trade mark process.

Getting it wrong doesn't just waste money. It leaves gaps in your protection that a competitor could walk straight through.

Which trade mark classes do most creative businesses need?

This depends entirely on what you sell, but here's a practical starting point.

Coaches and consultants: typically Class 41 (education, training, coaching and personal development services). Designers and photographers: Class 42 (design and technical services) or Class 41 for workshops and courses. Virtual assistants and OBMs: Class 35 (business services, administrative and secretarial services). E-commerce product sellers: the class matching your actual products. Class 25 for clothing, Class 16 for stationery and paper goods, Class 21 for homewares.

If you sell both products and services, say, you run workshops and also sell physical products, you may need two or more classes. A trade mark lawyer will help you work out exactly what you need.

What happens if you choose the wrong trade mark class?

If you register in the wrong class, your trade mark simply won't protect your actual business.

Someone in the correct class can use a similar mark freely. Your registration won't be invalid, it'll just be useless for the thing you actually needed it for.

The fix is to file a new application in the correct class. That means paying the government fee again, waiting through the full application process again, and starting your protection timeline from zero.

It's an expensive and avoidable mistake.

Can you register in more than one class?

Yes. A single application can cover multiple classes. Each class is a separate government fee, but they can all sit in one application.

The question is: how many do you genuinely need? More classes cost more upfront. But fewer classes might leave real gaps in your protection.

A trade mark professional looks at your actual business model and recommends exactly which classes protect you, without over-spending on ones you don't need.

How do you work out which class is right for you?

Start by looking at the class headings on IP Australia's website and matching them to what you actually sell today.

Not what you might sell in five years, what you sell right now. Consider your core product or service and think about which category it genuinely falls into.

If you're still unsure after that, the most efficient thing you can do is get professional advice before you file. A wrong class costs you a second application fee. Getting it right the first time costs nothing extra.

Frequently asked questions about trade mark classes in Australia

How many trade mark classes are there in Australia?

There are 45 classes in Australia's trade mark system, following the international Nice Classification. Classes 1–34 cover physical goods, and Classes 35–45 cover services.

What class should a service-based business register in?

It depends on the type of service. Common classes include Class 35 (business and administrative services), Class 41 (education, training, coaching), and Class 42 (technology and design services). Most service businesses need at least one of these, a trade mark professional can pinpoint the right one for your specific offering.

Can I change my trade mark class after registration?

No. Once your trade mark is registered in a specific class, you can't change it. If you realise you've chosen incorrectly, you'll need to file a new application in the right class, which means starting the process and fees from scratch.

How much does each extra trade mark class cost?

IP Australia charges a government fee per class. Check ipaustralia.gov.au for current rates. Each additional class is an extra fee, but the cost of under-protecting your brand can be far higher in the long run.

Register your Trade Mark

About the Author

Riz is the Founder & Director of Foundd Legal, a lawyer with 20+ years' experience and a long history of building online and ecommerce businesses.

She helps creatives and online business owners protect and grow their businesses with clear, practical legal tools that actually make sense.