Australia's trademark registration system, governed by the *Trade Marks Act 1995* and administered by IP Australia, uses the Nice Classification system to categorise goods and services across 45 distinct classes. But not all classes are created equal — at least not when it comes to filing volume. An analysis of trademark application trends reveals clear patterns in which classes Australian businesses prioritise, reflecting broader shifts in the national economy, consumer behaviour, and entrepreneurial activity.
Understanding which trademark classes attract the most filings isn't merely an academic exercise. For business owners, it provides strategic insight into competitive landscapes. For legal practitioners, it highlights where conflicts are most likely to arise. And for anyone considering brand protection in Australia, it offers a practical lens through which to understand the registration process.
How the Nice Classification System Works in Australia
Before diving into the data, it's worth understanding the framework. Australia adopted the Nice Classification system — an international classification of goods and services maintained by the World Intellectual Property Organization (WIPO) — which divides all commercial activity into 45 classes. Classes 1 through 34 cover goods, while Classes 35 through 45 cover services.
When filing a trademark application with IP Australia, applicants must nominate one or more classes under which they seek protection. Each class represents a distinct category of goods or services, and selecting the right class (or classes) is a critical strategic decision. Filing in too few classes may leave gaps in protection; filing in too many adds cost without necessarily adding value.
The filing fee structure reflects this — applicants pay per class, which means the classes businesses choose to file in represent deliberate commercial decisions rather than arbitrary selections.
The Most Commonly Filed Trademark Classes in Australia
Based on publicly available data from IP Australia and WIPO statistical databases, several classes consistently dominate Australian trademark filings year after year. While exact annual figures fluctuate, the relative rankings have remained remarkably stable over the past decade.
Class 35 — Advertising, Business Management, and Retail Services
Class 35 has consistently ranked as the single most popular class for trademark applications in Australia. This class covers advertising, business management, business administration, office functions, and — critically — the retail and wholesale of goods.
The dominance of Class 35 is hardly surprising. Virtually every business that sells products or provides commercial services can find a relevant specification within this class. The inclusion of retail services means that e-commerce businesses, brick-and-mortar retailers, and hybrid models all tend to file here. See our guide for e-commerce brands for a deeper analysis. As Australia's digital economy has expanded, with the Australian Bureau of Statistics reporting continued year-on-year growth in online retail, Class 35 filings have grown accordingly.
For practitioners, Class 35 is also where some of the most common specification disputes arise. The breadth of the class means that applicants must be precise about their goods and services descriptions to avoid objections from IP Australia examiners or oppositions from existing registrants.
Class 25 — Clothing, Footwear, and Headgear
Class 25 perennially ranks among the top three most filed classes in Australia. The fashion and apparel industry drives enormous trademark activity, as detailed in our guide for fashion brands, from major international brands entering the Australian market to local designers and streetwear labels seeking to protect their names and logos.
Australia's clothing market is highly competitive and brand-driven. The relatively low barriers to entry in fashion — particularly with print-on-demand and direct-to-consumer models — mean that new brands constantly enter the market. Each one typically seeks trademark protection, contributing to consistently high filing volumes. For more detail, see our guide for first-time filers.
The challenge with Class 25 is the sheer density of existing registrations. Conducting thorough clearance searches in this class is essential, as the likelihood of encountering a conflicting mark is significantly higher than in less popular classes.
Class 9 — Technology, Software, and Electronics
Class 9 covers scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving, and teaching apparatus and instruments. More practically, it's the class for computer software, mobile applications, downloadable content, and electronic devices.
The rise of Class 9 as one of Australia's most commonly filed classes mirrors the global technology boom. As Australian startups, fintech companies, and software developers have proliferated, so too have trademark applications in this class. See our guide for startups for a deeper analysis. The digital transformation accelerated by the COVID-19 pandemic further boosted filings, as businesses across all sectors developed apps, platforms, and digital tools.
Class 9 also frequently appears in multi-class filings alongside Class 35 (for the business services associated with technology products) and Class 42 (for software development and IT services), creating a common filing triad for tech businesses.
Class 41 — Education, Entertainment, and Training
Class 41 covers education, providing of training, entertainment, sporting, and cultural activities. Its prominence in Australian filing data reflects several trends: the growth of online education platforms, the expansion of Australia's fitness and wellness industry, the significance of the entertainment sector, and the broader shift toward knowledge-based services.
Australia's education sector is a major economic contributor — it was the country's fourth-largest export before the pandemic and has been recovering since. Universities, registered training organisations, coaching businesses, and edtech startups all contribute to filing volumes in this class.
Class 42 — Scientific and Technological Services
Class 42 covers scientific and technological services and research and design relating thereto, as well as industrial analysis, industrial research, and the design and development of computer hardware and software. It's the natural home for SaaS (Software as a Service) businesses, IT consultancies, engineering firms, and research organisations.
The growth of Class 42 filings closely parallels that of Class 9. Where Class 9 protects the products themselves (software, apps, devices), Class 42 protects the services of creating and maintaining them. Many technology businesses file in both classes simultaneously.
Class 43 — Food and Beverage Services
Class 43 covers services for providing food and drink, as well as temporary accommodation. Australia's vibrant hospitality industry — encompassing restaurants, cafés, bars, catering services, hotels, and the rapidly growing food delivery sector — drives consistent filing activity in this class. For more detail, see our food and beverage rankings.
The Australian food and beverage scene is characterised by high turnover and intense brand competition. New restaurant concepts, café chains, cloud kitchens, and boutique accommodation providers regularly seek trademark protection, keeping Class 43 among the most active service classes.
Class 30 — Food Products
On the goods side, Class 30 — covering coffee, tea, cocoa, sugar, rice, flour, bread, pastries, confectionery, sauces, and spices, among other foodstuffs — ranks consistently among the most popular. Australia's specialty food sector has grown substantially, with artisanal producers, health food brands, and gourmet product lines all contributing to filing volumes.
Class 33 — Alcoholic Beverages
Australia's wine, craft beer, and spirits industries are significant economic contributors and prolific trademark filers. Class 33, covering alcoholic beverages (except beers, which fall under Class 32), reflects the country's position as a major wine-producing nation and the explosive growth of craft distilling and brewing.
Patterns and Trends Worth Noting
The Services Shift
One of the most significant long-term trends in Australian trademark data is the shift from goods classes to services classes. While goods classes (1–34) historically dominated filing volumes, services classes (35–45) have steadily gained ground and now account for a substantial proportion of all applications. This mirrors Australia's broader economic transition toward a services-dominated economy.
Multi-Class Filing Is Increasing
Modern businesses rarely operate within a single Nice class. A technology company might file across Classes 9, 35, 38, and 42. A food brand might cover Classes 29, 30, 35, and 43. The trend toward multi-class filings reflects both the diversification of business models and greater awareness among applicants (and their advisors) of the importance of comprehensive brand protection.
IP Australia's fee structure accommodates multi-class applications, though the cost increases with each additional class. This means multi-class filing decisions involve balancing protection breadth against budget constraints — a calculation that underscores the value of professional guidance.
Seasonal and Economic Fluctuations
Trademark filing volumes in Australia are not immune to broader economic conditions. Periods of economic confidence tend to correlate with higher filing volumes, as new businesses launch and existing businesses expand. Conversely, economic downturns can suppress filing activity, though they sometimes trigger defensive filings as businesses seek to lock in brand protection ahead of anticipated competition.
The post-pandemic period saw a notable surge in filings across technology-related classes (9, 35, 42) and health-related classes (5, 10, 44), reflecting shifting consumer priorities and business pivots.
What This Means for Businesses Filing Trademarks
Expect Greater Competition in Popular Classes
If your business operates in one of the commonly filed classes described above, expect a more crowded register. This has practical implications: clearance searches become more critical, the risk of examiner objections based on similar existing marks increases, and the likelihood of opposition proceedings rises.
Businesses in high-volume classes should invest in thorough pre-filing searches — not just of the trade marks register, but also of business name registers, domain names, and common law usage — to identify potential conflicts before committing to an application.
Class Selection Requires Strategic Thinking
Choosing the right class (or classes) is not a simple administrative task. The Nice Classification system has its quirks — related goods and services can fall across different classes, and the descriptions within each class don't always align with how businesses describe their own activities in plain language.
For example, a business selling skincare products would file in Class 3 (cosmetics and cleaning preparations), but if it also offers skin treatment services, it would need to consider Class 44 (medical and beauty services) as well. Getting this wrong can result in either inadequate protection or unnecessary expense.
Monitor Your Class for New Filings
For businesses with existing trademark registrations, monitoring filing activity in your registered classes is a prudent practice. IP Australia publishes new applications in the *Australian Official Journal of Trade Marks*, and monitoring services can alert you to potentially conflicting applications during the opposition window.
The opposition period — which runs for two months from the date of advertisement, extendable by a further month — provides the formal mechanism for challenging applications that may conflict with your existing rights. In high-volume classes, vigilance is particularly important.
The Broader Picture
Australia's trademark filing patterns tell a story about the national economy. The dominance of services classes reflects the country's post-industrial economic structure. The prominence of technology classes speaks to the growth of Australia's innovation ecosystem. The consistent activity in food, beverage, and hospitality classes mirrors the cultural significance of these sectors.
For anyone navigating the Australian trademark system — whether as a first-time applicant or a seasoned brand owner — understanding these patterns provides valuable context. It informs expectations about examination timeframes (which can be longer in high-volume classes), competitive dynamics, and the strategic calculus of class selection.
The trademark register is, in many ways, a real-time map of Australian commercial ambition. The classes that businesses choose to file in reveal where they see opportunity, where competition is fiercest, and where the next wave of brand-driven growth is likely to emerge. Reading that map intelligently is one of the quieter but more consequential aspects of effective trademark strategy.
James Whitfield
Legal Industry Analyst
James Whitfield is a freelance legal industry analyst covering the Australian trademark and IP sector. His research draws on publicly available information including firm websites, professional registrations, and published industry data.