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Trade Mark Classes in Australia: How to Choose

Jurisdiction: Australia. Reviewed 27 October 2026.

A trade mark application must identify the goods and services for which the mark will be used. The Nice Classification provides 45 classes: 1–34 cover goods and 35–45 cover services. Class numbers help organise applications; selecting a number alone does not secure all goods or services in that class.

Choose the actual goods and services

Start with what your business supplies and use IP Australia’s classification tools to select accurate terms. A business may need several classes: selling goods and providing delivery, retail or software services can involve different claims. Once filed, you generally cannot add new goods or services to expand the application; a new application may be needed.

Examples, not a complete specification

Cosmetics are commonly in class 3, downloadable software in class 9, clothing in class 25, advertising services in class 35 and legal services in class 45. These examples are not a substitute for checking the current classification and the wording of your own claim.

Classes are not a guarantee of clearance

Search for similar marks as well as identical ones. A different class number does not automatically avoid infringement: related goods or services and special protection for well-known marks can matter. Conversely, sharing a class does not automatically mean two businesses conflict. Registrability also depends on distinctiveness, earlier rights and other legal requirements.

A careful specification can reduce gaps in protection, but no class selection guarantees registration or immunity from a challenge.

Sources and further reading

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