When preparing to file a U.S. trademark application, many applicants ask the same question: “Can I register my trademark in multiple classes in a single application?”
The answer is yes. The United States Patent and Trademark Office (USPTO) allows applicants to cover multiple classes of goods or services in one trademark application.
However, “possible” does not mean “without additional costs.” One key rule to understand is that USPTO filing fees are generally charged per class. Each additional class means an additional fee.
In principle, the USPTO does not set a fixed maximum number of classes that may be included in a single application. You can designate two, three, or even more classes in one application.
However, the rules differ depending on the filing basis:
Applications based on actual use or intent to use: Multiple classes can be included in one application. Additional classes may also be added later through an amendment, subject to applicable USPTO requirements.
Applications based on an international registration under the Madrid Protocol: The classes are determined by the international registration and its U.S. designation. Applicants cannot simply add new classes to the U.S. application.
This is one of the most important considerations when filing a multi-class application: USPTO filing fees are charged per class, and the fee increases with each additional class.
In other words, the fee is multiplied by the number of classes, not charged as a single flat fee. Two classes generally mean fees for two classes, while three classes mean fees for three classes.
Example 1: A Business Exporting Fitness Equipment
Suppose a company sells dumbbells, yoga mats, and other fitness equipment in the United States, and also plans to operate an online retail platform.
Class 28: Fitness equipment and sporting goods
Class 35: Online retail services
If the company only wants to protect its products, Class 28 may be sufficient. However, if it plans to develop its own e-commerce platform or online store, it may also need to consider Class 35.
If both classes are included in one application, the fees are calculated for two classes. If filed separately, they would be two independent trademark applications.
Example 2: A Coffee Business
Suppose a company sells coffee beans and also operates a café.
Class 30: Coffee beans and related goods
Class 43: Café and food-and-drink services
This is a common situation for businesses that sell both products and services. Registering only in Class 30 protects the brand in connection with the relevant goods, but does not automatically cover café services. Conversely, registering only in Class 43 may not adequately protect the brand used on packaged coffee beans.
Example 3: A Clothing Business
Clothing, footwear, and headwear generally fall under Class 25, so a company selling all three may be able to cover them in one class.
However, if the company also sells perfume, which generally falls under Class 3, an additional class may be necessary.
Example 4: A Software or App Business
Class 9: Downloadable software and mobile applications
Class 42: SaaS and other technology-related services
Many technology companies need to consider both classes because downloadable software products and software services are classified differently.
Although multi-class applications can be convenient, there is an important risk to consider: each class may be examined separately, but the application’s registration process can be affected by unresolved issues in any class.
If one class encounters a refusal—for example, due to a conflict with an earlier trademark or an unacceptable identification of goods or services—the overall application may be delayed while the issue is addressed.
For example, suppose a company files one application covering Class 28 for fitness equipment and Class 35 for online retail services. If the Class 35 portion receives a refusal based on an earlier trademark, the Class 28 portion may also be affected by the delay rather than proceeding immediately to registration.
If the issue affecting one class is difficult to resolve, the applicant may be able to request division of the application, separating the affected class or classes so that the remaining eligible classes can proceed independently. Additional fees may apply.
A multi-class application may be suitable when:
The classes are closely related and the goods or services are clearly described.
The risk of refusal is relatively low.
You want to manage related classes under a single application.
Separate applications may be worth considering when:
One class has a significant refusal risk, such as a potential conflict with an earlier trademark.
The use status differs between classes—for example, some goods or services are already in use while others are only planned.
You want to reduce the risk that an issue affecting one class will delay the others.
In short, the number of classes you should include depends on your budget, business plans, and risk tolerance. More classes generally mean higher filing fees. But combining high-risk classes into one application simply to reduce administrative costs may create additional complications if a refusal arises.
Before filing, it is advisable to assess the relevant classes, the goods and services descriptions, and potential conflicts with earlier trademarks.
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