When filing a trademark application in Canada, one of the first decisions involves selecting the right trademark classes. This choice directly affects your government fees, the scope of your protection, and how well your registration defends your brand against competitors. Yet for many business owners, the classification system feels like an unnecessary layer of bureaucracy. The truth is simpler: trademark classes in Canada follow a logical international system, and understanding it gives you a strategic advantage when protecting your brand. This guide breaks down how the system works, what it costs, and how to choose the right classes for your business.
What Are Trademark Classes?
Trademark classes are categories that organize all possible goods and services into distinct groups. Canada uses the Nice Classification system, an international standard established in 1957 and now used by over 150 countries. The system divides everything a business might offer into 45 classes: Classes 1 through 34 cover goods (physical products), while Classes 35 through 45 cover services.
Each class contains a defined list of goods or services. For example, Class 25 covers clothing, footwear, and headwear. Class 35 covers advertising and business management services. Class 9 covers a broad range of items including computer software, electronics, and scientific apparatus.
When you file a trademark application with the Canadian Intellectual Property Office (CIPO), you must identify which classes cover the goods or services you provide under your brand. Your trademark registration then protects your mark specifically within those classes.
Why Does the Nice Classification System Matter in Canada?
Before 2019, Canada did not use the Nice Classification system. Applicants simply described their goods and services in plain language, without class-based organization. However, when Canada joined several international trademark treaties, including the Madrid Protocol, adopting the Nice Classification became essential for international consistency.
Today, the Nice Classification Canada uses serves several purposes:
International Compatibility: If you want to extend your Canadian trademark protection to other countries through the Madrid Protocol, having your goods and services properly classified makes the process smoother.
Clarity and Consistency: The classification system provides standardized terminology that CIPO examiners and trademark agents understand. This reduces ambiguity about what your trademark actually covers.
Fee Structure: Government fees are now calculated based on the number of classes in your application. This creates a direct financial incentive to file strategically.
Scope of Protection: Your registration only protects your mark within the classes you select. Understanding trademark categories helps you secure adequate protection without overreaching into areas irrelevant to your business.
Breaking Down the 45 Trademark Categories
The Nice Classification divides goods and services as follows:
Goods (Classes 1-34)
Classes 1-5: Chemicals, paints, pharmaceuticals, and related industrial products
Classes 6-14: Metals, machinery, tools, scientific instruments, and precious metals
Classes 15-21: Musical instruments, paper goods, leather goods, building materials, furniture, and household items
Classes 22-27: Textiles, yarns, carpets, and related materials
Classes 28-30: Games, food products, and beverages
Classes 31-34: Agricultural products, live animals, tobacco, and related goods
Services (Classes 35-45)
Class 35: Advertising, business management, retail services
Class 36: Insurance and financial services
Class 37: Construction and repair services
Class 38: Telecommunications
Class 39: Transportation and storage
Class 40: Material treatment and processing
Class 41: Education, training, entertainment, and sporting activities
Class 42: Scientific, technological, and design services
Class 43: Food and drink services, temporary accommodation
Class 44: Medical, beauty, and agricultural services
Class 45: Legal and security services, personal services
Most businesses find their core offerings fall within just one to three classes. A software company might file in Class 9 (software) and Class 42 (software development services). A restaurant would typically file in Class 43. A clothing brand would file in Class 25.
How Trademark Classes in Canada Affect Your Government Fees
One practical consideration that surprises many applicants is how trademark classes directly impact government filing costs. CIPO charges fees on a per-class basis, meaning each additional class increases your total cost.
For online applications in 2026, the fees are structured as follows:
First class: $491.06 CAD
Each additional class: $149.04 CAD
Renewal fees (due every 10 years) follow a similar structure:
First class: $595.06 CAD
Each additional class: $185.49 CAD
This means a trademark covering three classes would cost approximately $789.14 CAD to file (first class plus two additional classes), compared to $491.06 CAD for a single-class application. The difference becomes more significant when you factor in renewal costs over the life of your trademark.
These fee implications make strategic class selection important. Filing in every remotely relevant class drives up costs without necessarily providing meaningful protection. Conversely, filing too narrowly might leave gaps that competitors could exploit.
How to Choose the Right Classes for Your Business
Selecting appropriate trademark classes requires balancing comprehensive protection against practical considerations like cost and relevance. Here is a systematic approach:
Step 1: List Everything You Offer
Start by writing down all the goods and services your business currently provides under the brand you want to protect. Include anything you sell, manufacture, or offer as a service.
Step 2: Identify Future Expansions
Consider where your business is heading. If you plan to expand into new product lines or service offerings within the next few years, including those classes in your initial application often makes sense. Adding classes later requires a new application.
Step 3: Match Your Offerings to Classes
Use CIPO's Goods and Services Manual, an online database that helps identify which class covers specific goods or services. Search for terms that describe what you offer and note the corresponding classes.
Step 4: Prioritize Strategically
If your list includes many classes, prioritize. Focus on classes that cover your core business activities and primary revenue streams. Secondary or speculative classes can wait if budget is a concern.
Step 5: Consider Competitor Activity
Research what classes competitors have registered their trademarks in. This can reveal industry norms and help identify classes you might have overlooked.
Common Mistakes When Selecting Trademark Classes
Several mistakes frequently cause problems for applicants navigating trademark classes Canada requires:
Selecting Too Few Classes: Some applicants focus narrowly on their current offerings without considering related areas. A company selling physical products might forget to protect their brand for related services, leaving an opening for someone else to register the same name for services.
Selecting Too Many Classes: The opposite problem is filing in every class that seems even remotely applicable. This increases costs and may attract objections from existing trademark owners in those classes.
Using Vague Descriptions: Within each class, you must specify the actual goods or services. Vague or overly broad descriptions often face objections from CIPO examiners. Being specific about what you actually offer generally works better than trying to claim everything within a class.
Ignoring the Nice Classification Updates: The Nice Classification is updated periodically, with a new edition published every five years. The 13th Edition takes effect on January 1, 2026. Staying current with these updates matters, particularly for technology and emerging industries where terminology evolves.
What Happens If You Choose the Wrong Class?
Filing in an incorrect class can create several problems. If your goods or services do not genuinely fit within a class you selected, a CIPO examiner may issue an objection requiring you to amend your application. In some cases, this means removing classes entirely, potentially leaving you without the protection you intended.
More seriously, if you register a trademark in the wrong class and later need to enforce it against an infringer, your registration might not cover the relevant activity. Trademark protection is class-specific. If your registration covers Class 25 (clothing) but a competitor uses your brand name for handbags (Class 18), your Class 25 registration provides limited recourse.
This is one reason why getting professional guidance on class selection often proves valuable. The upfront cost of proper advice typically outweighs the expense and frustration of correcting mistakes later.
Working With CIPO's Goods and Services Manual
CIPO provides an online Goods and Services Manual that serves as the authoritative reference for classification in Canada. This database allows you to search for specific goods or services and find their corresponding class, or browse classes to see what they include.
The manual uses standardized terminology aligned with the Nice Classification. When drafting your trademark application, using terms from this manual generally results in smoother examination. Examiners expect familiar terminology, and departing from standard descriptions can trigger requests for clarification.
That said, the manual is not exhaustive. New products and services emerge constantly, and the classification system takes time to catch up. For novel offerings, you may need to describe them in clear terms and let the examiner determine the appropriate class.
Trademark Classes and International Protection
If your business operates internationally or plans to expand beyond Canada, understanding trademark categories becomes even more important. The Nice Classification is used globally, which means the same class numbers apply whether you are filing in Canada, the United States, the European Union, or Japan.
When you file a Canadian trademark and later want protection in other countries, having your goods and services properly classified from the start simplifies the process. Applications through the Madrid Protocol, which allows you to extend your Canadian registration internationally, rely on the same classification system.
Consistency across jurisdictions also matters for enforcement. If your Canadian registration covers Class 9 for software, and a foreign registration covers the same class, demonstrating your rights internationally becomes more straightforward.
Getting Help With Trademark Class Selection
While many business owners successfully navigate trademark basics in Canada on their own, class selection is an area where professional guidance often pays off. A trademark agent can review your business activities, identify all relevant classes, and help you describe your goods and services in terms that CIPO examiners expect.
Professional help is particularly valuable when:
Your business spans multiple industries or offers diverse products and services
You plan to expand internationally
You have encountered objections or complications in previous trademark applications
Your industry involves emerging technologies or non-standard offerings
Understanding the process of how to register a trademark in Canada includes appreciating how classification decisions affect your long-term brand protection strategy.
Conclusion
Trademark classes in Canada may seem like a technical detail, but they fundamentally shape the protection your registration provides. The Nice Classification system organizes all goods and services into 45 categories, and your trademark only protects your brand within the classes you select. Choosing wisely requires understanding what you offer today, anticipating where your business is heading, and balancing comprehensive protection against practical cost considerations.
Government fees increase with each additional class, making strategic selection financially significant. Meanwhile, filing in the wrong classes, or too few of them, can leave your brand vulnerable. Taking time to understand trademark categories and use CIPO's resources effectively positions your application for success.
Need help selecting the right trademark classes for your business? Learn more about Clearview's trademark registration services or contact us to discuss your specific situation and ensure your application provides the protection your brand deserves.