Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you’re building a brand, a trade mark can be one of the smartest “from day one” protections you put in place. But when you start the application process, one question comes up quickly (and it can feel weirdly technical at first): which trade mark class do you choose?
In New Zealand, trade marks are registered in 45 different classes under the international “Nice Classification” system. Picking the right one (or the right combination) matters because your protection generally applies to the goods and services you list in your application.
This guide breaks down trade mark classes in New Zealand in plain English, including a full list of all 45 classes and practical tips to help you choose the right classes for your small business.
Note: This article is general information only and doesn’t constitute legal advice. If you’d like advice for your specific circumstances, speak to a trade marks professional.
What Are Trademark Classes (And Why Are There 45)?
A trade mark is a sign (like your business name, logo, tagline, or even a shape) that distinguishes your goods or services from someone else’s.
Trade marks are registered by reference to the types of goods and services you provide. That’s where classes come in.
The global classification system groups goods and services into:
- Classes 1–34: Goods (physical products)
- Classes 35–45: Services (things you do/provide)
In New Zealand, your trade mark rights are governed primarily by the Trade Marks Act 2002. Your application is typically filed through IPONZ (Intellectual Property Office of New Zealand) and you’ll need to specify the class (or classes) that best match what you sell.
If you’re still deciding whether trade mark protection is the right move for you, it’s worth reading up on whether you need a trademark as part of your overall brand strategy.
Why Trademark Classes Matter For Small Businesses
For small businesses, choosing trade mark classes usually comes down to two competing goals:
- Protect your core brand properly (so you can grow with confidence)
- Keep the application focused and cost-effective (so you’re not paying for protection you don’t need)
Here’s why classes matter in practice.
Your Protection Is Tied To The Goods/Services You Claim
Generally, registering your trade mark doesn’t automatically give you blanket ownership of a word or logo across all industries. Instead, your rights are linked to your nominated class(es) and the specific goods/services description.
For example, a brand name might be available in one class (say, gardening services) but not in another class (say, cosmetics). This is why a clearance search is so important before you invest in packaging, signage, and marketing.
A Trade Mark Search Report can help you check for earlier marks that could block your application (or create infringement risk later).
You Can File In More Than One Class
Many businesses naturally span multiple classes. For example:
- An eCommerce brand might need a goods class for products and a services class for online retail services.
- A café that sells packaged coffee beans might want coverage for café services and also for the coffee products themselves.
- A tech business might want coverage for software plus related services like SaaS or IT support.
Multi-class filings can be a great fit, but it’s still important to be strategic about what you claim and why.
Classes Can Affect Infringement Risk And Disputes
Even if you don’t file in every possible class, your choices can influence whether someone else can register a confusingly similar brand in an adjacent area (and whether you can stop them).
If you ever end up in a brand dispute, it can quickly become expensive and distracting. Getting the filing strategy right upfront is part of avoiding issues like trademark infringement down the track.
The 45 Trademark Classes In New Zealand (Full List)
Below is a practical, plain-English list of the 45 trade mark classes used in New Zealand. This is a guide only (the official descriptions can get detailed), but it should help you quickly narrow down which class or classes might fit your business.
Goods (Classes 1–34)
- Class 1: Chemicals used in industry, science and agriculture (e.g. fertilisers, industrial chemicals).
- Class 2: Paints, varnishes, lacquers; dyes; preservatives against rust (e.g. paint products and coatings).
- Class 3: Cleaning, polishing, and cosmetic products (e.g. soaps, perfumes, skincare, cosmetics).
- Class 4: Industrial oils and greases; fuels; candles (e.g. lubricants, motor oils).
- Class 5: Pharmaceuticals and health-related products (e.g. medicines, supplements, veterinary preparations).
- Class 6: Common metals and metal goods (e.g. metal building materials, hardware).
- Class 7: Machines and machine tools (e.g. motors, engines, industrial machinery).
- Class 8: Hand tools and implements (e.g. cutlery, knives, hand-operated tools).
- Class 9: Scientific/technological apparatus and electronics (e.g. computers and hardware, downloadable software, eyewear, electrical devices).
- Class 10: Medical devices and instruments (e.g. surgical apparatus, dental equipment).
- Class 11: Lighting, heating, cooling, and sanitary equipment (e.g. lamps, air conditioning units, water heaters).
- Class 12: Vehicles and conveyances (e.g. cars, bikes, parts and fittings for vehicles).
- Class 13: Firearms; explosives; fireworks.
- Class 14: Jewellery, precious metals, and watches (e.g. rings, necklaces, timepieces).
- Class 15: Musical instruments.
- Class 16: Paper goods and printed matter (e.g. stationery, books, packaging materials).
- Class 17: Rubber, plastics, and insulating materials (e.g. seals, flexible pipes, insulating products).
- Class 18: Leather goods and luggage (e.g. bags, wallets, suitcases).
- Class 19: Non-metal building materials (e.g. bricks, cement, building panels).
- Class 20: Furniture and household items not in other classes (e.g. chairs, mattresses).
- Class 21: Household and kitchen utensils; glassware (e.g. cookware, cleaning tools).
- Class 22: Ropes, nets, tents, and raw fibrous materials (e.g. tarpaulins, sacks).
- Class 23: Yarns and threads for textile use.
- Class 24: Textiles and textile goods (e.g. fabrics, bed linen, table linen).
- Class 25: Clothing, footwear, headgear (e.g. apparel brands typically file here).
- Class 26: Lace, embroidery, haberdashery, and accessories (e.g. buttons, zips, hair accessories).
- Class 27: Floor coverings and wall hangings (e.g. carpets, rugs, mats).
- Class 28: Games, toys, and sporting articles (e.g. board games, sporting equipment).
- Class 29: Meat, fish, poultry, dairy, and processed foods (e.g. canned, frozen, dried and preserved foods).
- Class 30: Staple foods (e.g. coffee, tea, bread, confectionery, spices).
- Class 31: Raw agricultural products (e.g. fresh fruit/vegetables, seeds, plants).
- Class 32: Beers and non-alcoholic beverages (e.g. soft drinks, juices).
- Class 33: Alcoholic beverages (except beers) (e.g. wine, spirits).
- Class 34: Tobacco and smokers’ articles (e.g. cigarettes and related accessories; some vaping products may be classified differently depending on the item and should be checked carefully).
Services (Classes 35–45)
- Class 35: Advertising, business management, retail and wholesale services (often relevant for eCommerce and online stores).
- Class 36: Financial, insurance, and real estate services (e.g. lending, investment services).
- Class 37: Construction, installation, and repair services (e.g. building, maintenance, trades).
- Class 38: Telecommunications services (e.g. communications and internet/communications services).
- Class 39: Transport, travel, and storage services (e.g. courier and logistics).
- Class 40: Treatment of materials (e.g. manufacturing services, printing, recycling).
- Class 41: Education, training, entertainment, and sporting/cultural activities (e.g. online courses, workshops, events).
- Class 42: Scientific and technological services; software/IT services (e.g. SaaS, web development, software design).
- Class 43: Food and drink services; accommodation (e.g. cafés, restaurants, catering, hospitality).
- Class 44: Medical services; beauty and hygiene services; agriculture/horticulture services (e.g. clinics, salons).
- Class 45: Legal services; security services; personal and social services (e.g. legal advice and certain personal services).
If you want a quick cross-check, our deeper explainer on trademark classes can also be helpful when you’re narrowing down your shortlist.
How Do You Choose The Right Trademark Classes For Your Business?
This is the part that trips up a lot of business owners - not because it’s impossible, but because you have to think a little beyond what you sell today.
A good class strategy usually balances:
- What you currently sell (your actual products/services now)
- Where you’re realistically heading next (your near-future expansion)
- What customers would naturally expect you to offer under the same brand
Step 1: List Your Products And Services (Separately)
Start by splitting your offering into two columns:
- Goods: physical products you sell
- Services: activities you do for customers (including retail services, subscriptions, online platforms, training, etc.)
This sounds obvious, but it prevents a very common mistake: filing only for a product class when your business model is actually a service (or the other way around).
Step 2: Match Each Item To A Class (Then Sanity-Check It)
Once you’ve identified likely classes, do a sanity check by asking:
- Does this class description clearly cover what I do?
- Is the class I’m choosing the one that customers would expect?
- Am I missing a services class like Class 35 (retail/advertising) or Class 42 (software/IT)?
It’s also worth remembering that the class number is only half the story - your goods/services description is what actually defines the scope of your claim.
Step 3: Consider Expansion (But Don’t Overreach)
Imagine this: your product takes off, you start getting wholesale inquiries, and you launch a subscription offering. If your trade mark filing only covered one narrow product class, you might find your brand protection doesn’t match your growth.
That said, overreaching can create its own problems. Filing in classes you don’t genuinely intend to use can increase costs and complexity, and it can also create vulnerability later (for example, if the mark isn’t used for the goods/services claimed).
When you’re ready to take the next step, you can file your application through a lawyer-supported process like Register Your Trade Mark so your class selection and descriptions are aligned with your actual business.
Common Mistakes With Trademark Classes (And How To Avoid Them)
Trade mark protection is meant to make your life easier - not create more admin. These are some of the biggest class-related mistakes we see, and how to avoid them.
Mistake 1: Picking A Class Based On “What Sounds Right”
Some classes sound like they should apply, but legally they don’t cover what you think they cover. For example, a tech brand might assume “software” always equals one class, but software can be claimed as a good (Class 9) and/or as a service (Class 42), depending on what you’re actually providing.
Fix: Map your real-world offering first, then match classes.
Mistake 2: Forgetting Class 35 For Online Selling
If you run an online store, it’s common to focus only on the product class. But many retail businesses also consider Class 35 (retail/wholesale services), especially where the brand is heavily tied to the shopping experience.
Fix: Consider whether you’re protecting just a product brand, or also the retail “store brand”.
Mistake 3: Assuming A Company Name Registration Protects Your Brand
Registering a company name (or reserving it) is not the same as having trade mark rights. A company name is an entity registration - it doesn’t automatically stop others from using a similar brand in the market.
Fix: Treat trade marks as a separate, intentional brand protection step.
Mistake 4: Confusing Trade Marks With Copyright
Copyright can protect original creative works (like logo artwork), but it doesn’t function the same way as a trade mark in protecting a brand identity in the marketplace.
If you’re weighing up protections, it helps to understand the difference between trade mark vs copyright so you don’t rely on the wrong IP tool for the job.
Key Takeaways
- There are 45 trade mark classes in New Zealand: 1–34 for goods and 35–45 for services.
- Your trade mark protection is generally linked to the class(es) and goods/services you apply for, so choosing well is crucial.
- Many businesses need more than one class, especially if you sell products and provide services (like retail, SaaS, training, or hospitality).
- A smart filing strategy considers both what you do now and what you’re likely to do next - without claiming unrealistic categories.
- Before you apply, it’s wise to run checks and get your application structured properly to reduce refusal risks and future disputes.
If you’d like help choosing the right trade mark classes in New Zealand and getting your application ready, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.








