How to choose the right goods and services for your trade mark application

The goods and services you claim in your trade mark application define the scope of your rights. Get them wrong — too narrow, too broad, or in the wrong class — and you could end up with a registration that does not actually protect your business, or an application that runs into avoidable objections. Getting your specification right from the start is one of the most important parts of the filing process.

This guide explains how the classification system works, how to choose the right classes, and how to draft a specification that gives you effective protection.

Two different things: class selection vs specification drafting

These terms are often used interchangeably, but they are different steps in the process and it is worth understanding the distinction.

Class selection is choosing which of the 45 Nice classes your goods or services fall into. This determines the categories your application covers and directly affects the filing fees you pay.

Specification drafting is writing the actual descriptions of goods or services within each class. This is what defines the precise scope of your rights. Two applications in the same class can have vastly different scopes of protection depending on how the specification is drafted.

Both matter. Choosing the right class but writing a poor specification — or vice versa — can leave gaps in your protection.

The Nice Classification system

Trade marks around the world are classified using the Nice Classification, an international system that divides all goods and services into 45 classes:

• Classes 1–34 cover goods (physical products)
• Classes 35–45 cover services

The system is maintained by the World Intellectual Property Organization (WIPO) and is used by trade mark offices in most countries, including IP Australia. The classification is updated annually, with new terms added to reflect evolving industries and technologies.

Each class has a general heading that describes its scope, but the heading alone does not define what is covered. The specific terms within the class — and the terms you include in your specification — are what matter.

Commonly used classes

Nice Class	What it covers	Typical users
Class 9	Software, apps, electronic equipment, downloadable content	Tech companies, app developers, SaaS businesses
Class 16	Printed matter, stationery, packaging materials	Publishers, stationery brands, packaging companies
Class 25	Clothing, footwear, headgear	Fashion brands, sportswear companies
Class 29	Processed foods, dairy, meat, oils	Food producers, FMCG brands
Class 30	Coffee, tea, bakery goods, confectionery, sauces	Cafes, bakeries, food brands
Class 35	Retail services, advertising, business management, online retail	Retailers, e-commerce businesses, marketing agencies
Class 41	Education, training, entertainment, publishing	Course providers, gyms, event companies, publishers
Class 42	Software development, IT services, scientific research	Tech companies, SaaS providers, R&D firms
Class 43	Restaurant, cafe, and accommodation services	Hospitality businesses

How to choose the right classes

Start by listing everything your business does — or plans to do — under the trade mark. Then work out which classes those activities fall into.

This sounds straightforward, but there are a few things that trip people up.

Your business may span multiple classes

Most businesses need more than one class. A clothing brand that sells online, for example, would typically need at least:

• Class 25 — for the clothing itself
• Class 35 — for the retail services (selling the clothing to consumers)

A cafe that also sells packaged coffee beans might need:

• Class 30 — for the coffee beans (goods)
• Class 43 — for the cafe services

A software company might need:

• Class 9 — for downloadable software
• Class 42 — for software as a service (SaaS) and development services

Each additional class increases the filing fee, so there is a cost consideration — but under-protecting your mark to save on fees is a false economy. Read our guide on how much it costs to register a trade mark for a breakdown of fees.

Think about where you are headed, not just where you are now

You can claim goods and services you have not used the mark for yet, provided you have a genuine intention to provide them. If you are planning to expand into new product lines or services in the near future, it is worth covering them in your initial application.

You cannot add new goods or services to an application after it has been filed. If you need broader coverage later, you will need to file a new application.

Do not assume the class heading covers everything

A common misconception is that selecting a class automatically covers all goods or services within that class. It does not. Your rights are limited to the specific terms in your specification. If you claim "clothing" in Class 25, that is broad. If you only claim "t-shirts", your protection is narrower.

How to draft your specification

Using the IP Australia picklist

The simplest way to build your specification is to select terms from IP Australia's pre-approved picklist. Every term on the picklist has already been accepted by IP Australia, which means:

• You pay a lower filing fee per class (compared with manually entered terms)
• You avoid specification objections during examination

You can search the picklist through IP Australia's goods and services classification search tool or when completing your application through their online portal.

Start by entering keywords that describe your products or services, then review the suggestions. Use a mix of broad and specific terms to build a comprehensive specification.

When to draft a custom specification

The picklist does not cover everything. You may need to manually draft your specification if:

• Your products or services are new or niche and not yet reflected in the picklist
• You operate in a crowded field and need a very specific description to distinguish your goods or services from those of competitors
• The picklist terms are too broad or too narrow for your needs

Manually entered terms are subject to examination by IP Australia and may be queried or rejected, so it pays to get them right. A trade mark attorney can help draft specifications that are both accurate and strategically effective.

Examples: how different businesses would choose

Example 1 — A skincare brand

A business that manufactures and sells skincare products online might file in:

• Class 3 — cosmetics, skincare preparations, cleansers, moisturisers
• Class 35 — online retail services for cosmetics and skincare products

If the business also runs skincare treatment clinics, it would add:

• Class 44 — beauty treatment services, skincare treatment services

Example 2 — A fitness app

A business that offers a fitness training app with both free and subscription content might file in:

• Class 9 — downloadable mobile application software for fitness training
• Class 41 — providing online fitness training programs and courses
• Class 42 — software as a service (SaaS) featuring software for fitness training (if applicable)

Example 3 — A restaurant group

A restaurant group that also sells branded sauces and merchandise might file in:

• Class 25 — clothing (branded merchandise)
• Class 30 — sauces, condiments
• Class 43 — restaurant services, cafe services

Example 4 — A building company

A residential building company might file in:

• Class 37 — building construction services, residential construction services, renovation services

If the company also offers architectural design or project management, it may also need Class 42 (design services) or Class 35 (project management in the field of construction).

Common mistakes and their consequences

Filing in the wrong class

If your goods or services are recorded against the wrong class, you may need to pay additional fees to correct the application — or worse, your specification may be removed entirely during examination. In some cases, IP Australia will allow you to reclassify, but this is not guaranteed and can delay the process.

Filing too narrowly

A specification that is too narrow may leave parts of your business unprotected. If you only claim "leather handbags" but you also sell backpacks and wallets, those products are not covered by your registration. A competitor could use a similar mark for backpacks without infringing your rights.

Filing too broadly

An overly broad specification can also cause problems. If you claim goods or services you have no genuine intention of providing, your registration may be vulnerable to a non-use removal action after three years. It can also increase the risk of conflicts with other applicants, leading to unnecessary opposition proceedings.

The goal is to be comprehensive but honest — cover what you do and what you genuinely plan to do.

Forgetting to include services (not just goods)

Many businesses focus on their physical products and forget to cover the services they provide. If you sell products online, you likely need a Class 35 retail services specification. If you provide consulting, training, or installation services, those need to be covered in the relevant services classes.

Frequently asked questions

How many classes do I need?

It depends on your business. A simple product-only business might need one or two classes. A business that sells products, provides services, and operates an online platform could need four or more. Focus on covering what you actually do and plan to do under the mark.

Can I add more classes later?

You cannot add classes to an existing application after filing. You would need to file a new application for any additional classes. This is why it is worth getting your specification right the first time.

Does filing in more classes cost more?

Yes. IP Australia charges a fee per class. The exact cost depends on whether you use the picklist or manually enter your specification. See our cost guide for current fee details.

Are the classes the same in every country?

The Nice Classification is used in most countries, so the class numbers and general categories are consistent internationally. However, each country's trade mark office may have its own rules about what terms are acceptable within each class, and some offices have their own pre-approved term lists.

What if I am not sure which classes are right?

If you are unsure, it is worth getting advice before filing. Choosing the wrong classes can be costly to fix after the fact. You can contact us for guidance, or read our guide on how to register a trade mark in Australia for a broader overview of the process.

Next steps

Your goods and services specification is one of the foundations of your trade mark protection. Take the time to get it right, and you will save yourself time, money, and headaches down the track.

For a complete overview of the Australian trade mark registration process, read our trade mark registration guide.

Ready to file? You can start your application online or get in touch if you would like help choosing your classes and drafting your specification.

The information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to your circumstances.