There is no single trademark class for all food and beverage products.

Most food and beverage brands will encounter International Classes 29, 30, 31, 32, or 33, but the correct class depends on the specific product being sold. Dietary supplements and medical foods may fall in Class 5. Retail services may involve Class 35. Custom food or beverage manufacturing for others may fall in Class 40, while restaurants, cafés, bars, catering, and other food-service businesses generally use Class 43.

The United States Patent and Trademark Office uses the international Nice Classification system. As of January 1, 2026, the USPTO uses the Nice Classification, Thirteenth Edition, version 2026, known as NCL 13-2026. Goods are classified in Classes 1 through 34 and services in Classes 35 through 45.

Choosing the correct class is important, but classification is only one part of a food or beverage trademark application. The applicant must also accurately identify its goods or services, establish actual use or a bona fide intent to use the mark, and determine whether earlier trademarks could create a likelihood-of-confusion problem.

What Is the Main Trademark Class for Food?

There is no universal “food trademark class.”

Food products are divided primarily among Classes 29, 30, and 31 depending on what the product is and how it has been prepared.

Class 29 generally includes meats, dairy products, processed fruits and vegetables, edible oils, jams, and other prepared or preserved foods. Class 30 contains many staple and grain-based foods, including coffee, tea, bread, pastries, confectionery, sauces, spices, and cereal-based products. Class 31 primarily covers fresh and unprocessed agricultural products.

For some businesses, the difference between those classes can turn on seemingly small details.

Fresh fruit generally belongs in Class 31. That same fruit may move into Class 29 when it is dried, frozen, cooked, canned, or otherwise prepared for consumption.

Similarly, unprocessed cereal grains generally fall within Class 31, while cereals prepared for human consumption are generally classified in Class 30.

This is why a company should classify the actual product rather than simply choosing the class that appears to contain the closest broad category.

What Is Trademark Class 29?

Class 29 covers many prepared, preserved, dairy-based, meat-based, fruit-based, vegetable-based, and similar food products.

Under NCL 13-2026, the Class 29 heading includes meat, fish, poultry and game; meat extracts for culinary purposes; preserved, frozen, dried and cooked fruits, vegetables and seaweeds; jellies, jams and compotes; eggs; milk, cheese, butter, yogurt and other milk products; and oils and fats for food.

Examples of products that commonly fall in Class 29 include cheese, yogurt, butter, processed nuts, jams, frozen fruit, preserved vegetables, edible oils, meat products, milk beverages in which milk predominates, and many milk substitutes.

The current Nice explanatory notes specifically place milk substitutes such as almond milk, coconut milk, rice milk, and soy milk in Class 29.

Classification can change when another ingredient or preparation method alters the commercial identity of the product.

For example, prepared nuts generally fall in Class 29, while chocolate-coated nuts fall in Class 30. Salad dressings are also classified in Class 30 rather than Class 29.

A company selling several prepared foods should therefore identify the individual products rather than filing for an undefined category such as “food products.”

What Is Trademark Class 30?

Class 30 covers many of the food products consumers associate with bakeries, coffee companies, candy brands, sauce companies, spice brands, snack companies, and packaged staple foods.

The current Class 30 heading includes coffee, tea and cocoa; rice, pasta and noodles; flour and preparations made from cereals; bread and pastries; confectionery; chocolate; ice cream and other edible ices; sugar and honey; spices and seasonings; vinegar; sauces; and other condiments.

Coffee-based, tea-based, cocoa-based, and chocolate-based beverages generally belong in Class 30 as well.

Other examples include cereal-based snacks, pizza, sandwiches, chocolate-coated nuts, and many food flavorings.

Some distinctions are less intuitive.

Soups and broths generally fall in Class 29, while sauces and condiments are generally in Class 30. Milk beverages flavored with coffee, tea, cocoa, or chocolate may remain in Class 29 when milk predominates, while beverages whose base is coffee, tea, cocoa, or chocolate generally fall in Class 30.

The ingredients and commercial nature of a product can therefore matter more than where consumers happen to see it in a grocery store.

What Is Trademark Class 31?

Class 31 generally covers fresh and unprocessed agricultural products.

The current Nice Classification places raw and unprocessed agricultural, aquacultural, horticultural, and forestry products in Class 31, together with raw grains and seeds, fresh fruits and vegetables, fresh herbs, natural plants and flowers, live animals, food and beverages for animals, and malt.

Fresh fruits and vegetables remain in Class 31 even when they have been washed or waxed.

Once the product is materially prepared or preserved for human consumption, however, a different class may apply.

A company selling fresh strawberries might therefore seek coverage in Class 31, while dried or frozen strawberry products could fall within Class 29.

Companies selling fresh produce under distinctive consumer-facing brands should also consider the separate trademark rule governing varietal and cultivar names. A varietal name may identify the type of fruit, vegetable, plant, or seed rather than its commercial source.

What Is the Trademark Class for Beverages?

Beverages can fall into several trademark classes.

Class 32 covers beer and many non-alcoholic beverages. Class 33 generally covers alcoholic beverages other than beer.

But not every non-alcoholic drink belongs in Class 32.

Milk beverages and milk substitutes may fall in Class 29. Coffee-, tea-, cocoa-, and chocolate-based beverages generally fall in Class 30. Beverages adapted for medical purposes can fall within Class 5, while beverages for animals are generally placed in Class 31.

A beverage company should therefore classify the actual nature of the drink rather than assuming all beverages belong together.

A company offering oat milk, cold brew coffee, and sparkling water under the same brand may potentially need coverage in three different classes.

What Is Trademark Class 32?

Class 32 covers beer and many non-alcoholic beverages.

Under NCL 13-2026, its class heading includes beers, non-alcoholic beverages, mineral and aerated waters, fruit beverages and fruit juices, and syrups and other preparations for making non-alcoholic beverages.

The explanatory notes also identify products such as soft drinks, de-alcoholized beverages, energy drinks, isotonic beverages, and protein-enriched sports beverages as Class 32 goods.

One detail frequently surprises new beverage businesses: beer is in Class 32 even though it is alcoholic.

Class 33, by comparison, generally covers alcoholic beverages other than beer.

This means a company selling both beer and spirits may require registrations covering Classes 32 and 33.

What Is Trademark Class 33?

Class 33 covers most alcoholic beverages other than beer.

The current Nice Classification places wine, fortified wines, alcoholic cider, spirits, liqueurs, alcoholic essences, alcoholic fruit extracts, bitters, and similar alcoholic beverage products in Class 33. Beer is expressly excluded and remains in Class 32.

Non-alcoholic mixers such as soft drinks and soda water are also generally outside Class 33 and instead fall within Class 32.

A spirits company that sells whiskey together with branded non-alcoholic cocktail mixers could therefore need both Classes 33 and 32.

Trademark classification should also be distinguished from alcohol regulation. A federal trademark registration does not itself provide permission to manufacture, distribute, or sell alcoholic beverages. The trademark application addresses rights in the brand, not the separate licenses or approvals required for the underlying business.

When Do Food and Beverage Products Fall in Class 5?

Not every consumable product belongs in Classes 29 through 33.

Class 5 includes pharmaceuticals and medical preparations, but it also includes dietary supplements, baby food, dietetic foods and substances adapted for medical or veterinary purposes, and meal replacements adapted for medical purposes.

The distinction can depend on the nature and intended purpose of the product.

For example, the Nice explanatory notes distinguish dietary supplements from ordinary foods. A high-protein cereal bar sold as an ordinary food can fall in Class 30, while dietary supplements are classified in Class 5. An ordinary isotonic beverage may fall within Class 32, while a dietetic beverage adapted for medical purposes belongs in Class 5.

A food or beverage company should therefore avoid selecting Class 5 merely because its marketing includes general nutrition, wellness, or health-oriented messaging. Classification must correspond to what the product actually is.

Does an Online Food Store Need Trademark Class 35?

Sometimes.

Class 35 covers numerous business-related services, including qualifying retail and wholesale services.

Under the current Nice explanatory notes, Class 35 includes the bringing together of a variety of goods so customers can conveniently view and purchase them through retail stores, wholesale outlets, vending machines, mail-order catalogs, websites, and similar channels.

However, there is an important distinction between selling products and providing a registrable retail service.

The USPTO’s May 2026 TMEP states that “sales” cannot be identified as the primary service because the sale of one’s own goods is not itself a registrable service. Proper retail store, online retail store, catalog ordering, and comparable retail services can be classified in Class 35 when the applicant is actually providing such a service.

For example, a marketplace brand operating an online specialty-food store may have Class 35 services in addition to trademarks covering the underlying food products.

A manufacturer should not automatically add Class 35 merely because customers can purchase its packaged products online. The actual nature of the service and how the mark is used should be evaluated.

Does a Food Manufacturer Need Trademark Class 40?

Class 40 may apply when a company manufactures or processes food or beverages for other businesses.

The current Nice Classification describes Class 40 as including treatment of materials and expressly includes food and drink preservation. The explanatory notes also cover processing services such as fruit crushing, flour milling, food smoking, freezing foods, and custom manufacturing.

The distinction between goods and manufacturing services is important.

The USPTO’s current Nice guidance explains that production or manufacturing is treated as a Class 40 service when it is performed for another person according to that customer’s order and specifications. When a company simply manufactures its own products and sells them to customers, manufacturing is generally ancillary to its goods rather than a separate Class 40 service.

This makes Class 40 particularly relevant to co-packers, private-label manufacturers, commercial food manufacturers, breweries producing products for third parties, and businesses providing custom food or beverage production.

A company might therefore use one trademark for its own consumer goods and another mark for its custom manufacturing services.

What Trademark Class Covers Restaurants and Cafés?

Restaurants, cafés, bars, caterers, and many food-service businesses generally fall within Class 43.

The current Class 43 heading includes services for providing food and drink, together with temporary accommodation services. Its explanatory notes state that the class primarily includes services relating to the preparation of food and drink for consumption.

A company selling packaged coffee under a trademark in Class 30 does not automatically receive trademark registration for café services under Class 43.

Similarly, a packaged sauce company that later opens restaurants under the same name may need additional trademark coverage.

Class 43 should also be distinguished from Class 40.

Preparing and serving food for restaurant customers generally belongs in Class 43. Manufacturing food to another company’s specifications can fall within Class 40. The Nice explanatory notes expressly place beer brewing, wine making for others, and custom bread manufacturing in Class 40 rather than Class 43.

Can One Food or Beverage Trademark Cover Multiple Classes?

Yes.

One trademark can be included in an application covering several classes when the applicant genuinely uses, or has a bona fide intention to use, the mark for the goods or services identified in each class.

For example, a coffee company could potentially seek Class 30 protection for packaged coffee, Class 35 for qualifying retail services, and Class 43 for café services.

A winery might use Class 33 for wine, Class 35 for qualifying wine retail services, Class 40 if it produces wine to the specifications of other businesses, and Class 43 for qualifying food-and-drink services.

A produce company could need Class 31 for fresh fruit and Class 29 for processed fruit products.

The USPTO requires applicants to identify only goods or services for which the mark is actually used or for which the applicant possesses a bona fide intent to use the mark.

Companies should therefore avoid adding classes solely because those categories might become interesting many years in the future.

How Much Does It Cost to File in Multiple Trademark Classes?

USPTO filing fees are generally calculated per class.

As of September 2026, the USPTO’s base application filing fee is $350 per class. An application covering two classes would therefore have a base USPTO filing fee of $700 before considering any additional fees that may apply.

Additional charges can arise from how the identification of goods and services is prepared.

For applications under Sections 1 and 44, the USPTO currently charges an additional $200 per class when the applicant uses the free-form text box instead of selecting the goods or services directly through the Trademark ID Manual. Additional fees may also apply to incomplete applications and particularly lengthy custom identifications.

This creates another reason to determine the relevant classes carefully before filing.

Adding unnecessary classes increases both government fees and the obligations associated with maintaining the resulting registrations.

Why Does the Exact Identification Matter?

The class number does not replace the identification of goods or services.

The applicant must state what it actually sells or provides.

The current TMEP explains that an identification should name the particular goods or services in understandable terms. Class headings are generally too broad to function as the applicant’s identification because they merely describe the general field covered by a class.

A food business should therefore not assume that selecting Class 30 and writing “food products” adequately identifies everything it sells.

A sauce company might identify the particular sauces or condiments sold under the mark. A beverage company should specify the actual type of beverage. A retailer should describe its qualifying retail services and the category of goods featured.

The USPTO Trademark ID Manual contains descriptions that have already been accepted for classification purposes. Because current USPTO fee rules impose an additional fee for using free-form identifications in certain applications, identifying suitable ID Manual entries can also affect filing cost.

Do Different Trademark Classes Mean Two Similar Brands Can Coexist?

No.

Trademark classes are primarily administrative categories. Different class numbers do not automatically mean that similar marks can safely coexist.

Federal trademark rights are not limited or expanded merely because the USPTO places goods and services into particular classes. TMEP §1401 expressly explains that classification is used for USPTO administrative convenience and does not determine the substantive scope of trademark rights.

Likelihood of confusion instead depends on factors including the similarity of the marks and the relationship between the respective goods or services.

That means a search for a proposed beverage brand should not necessarily stop at the applicant’s exact class.

A Class 30 coffee product may have relevant conflicts involving related goods or services elsewhere. A Class 33 wine brand may need to consider commercially related beverage or hospitality marks depending on the circumstances.

Are Food Products and Restaurant Services Automatically Considered Related?

No.

This is an important exception to oversimplified trademark-class advice.

The USPTO’s current TMEP states that there is no automatic rule that food or beverage products and restaurant services are related simply because both involve food.

When an examining attorney relies on that relationship for a likelihood-of-confusion refusal, the evidence generally must demonstrate “something more” connecting the particular products and restaurant services.

Relevant circumstances might include evidence that businesses commonly offer the particular goods under the same marks as restaurant services or other marketplace evidence demonstrating a commercial relationship.

This means a Class 43 restaurant and a Class 30 food company are not automatically either conflicting or non-conflicting. The specific marks, goods, services, and marketplace evidence matter.

Should a Company Search Only Its Trademark Class?

No.

Searching only the class in which the applicant plans to file can miss significant conflicts.

A strong trademark clearance search should consider similar marks associated with commercially related goods and services, including realistic areas of expansion.

For example, a beverage startup might evaluate not only the precise beverage category being launched, but also related beverage products, retail services, or hospitality services where marketplace practices make confusion plausible.

Trademark classes can help organize the search. They should not define its outer boundary.

Can You Add Another Trademark Class Later?

Not simply by broadening an existing application after filing.

The USPTO generally does not permit an applicant to expand an identification beyond the scope of the goods or services originally identified.

This means a business that files only for packaged coffee cannot simply transform that filing years later into one covering restaurant services if those services were outside the original scope.

Businesses should therefore consider foreseeable growth when preparing an application, particularly when expansion is already planned and supported by a bona fide intent to use the mark.

At the same time, filing for every imaginable future product is usually not an effective strategy. The application needs to reflect legitimate current use or bona fide commercial plans.

What Classes Should a Food or Beverage Startup File In?

The answer should begin with the company’s actual business model.

A startup launching one packaged snack may need only the class covering that product.

A growing beverage company may require several product classes because sparkling water, coffee beverages, milk substitutes, and alcoholic beverages can fall into different categories.

A mature brand may eventually add retail services, restaurant operations, hospitality activities, or custom manufacturing.

The filing strategy should therefore ask three questions: What does the company sell now? What goods or services will genuinely be launched in the foreseeable future? Which of those products or services are commercially important enough to justify federal trademark protection?

That usually produces a more useful application than beginning with a list of class numbers.

Frequently Asked Questions About Food and Beverage Trademark Classes

What trademark class is food?

There is no single class. Prepared and preserved foods commonly fall in Class 29 or Class 30, while fresh and unprocessed agricultural products generally fall in Class 31.

What trademark class is coffee?

Packaged coffee and coffee-based beverages generally fall in Class 30. A coffee business operating cafés may separately require Class 43 for café services.

What trademark class is tea?

Tea and tea-based beverages generally fall in Class 30.

What trademark class is a sauce?

Sauces and condiments generally fall within Class 30 under NCL 13-2026.

What trademark class is a snack?

It depends on the snack. A processed nut snack may fall within Class 29, while cereal-based snacks, confectionery, or chocolate-coated nuts may fall within Class 30.

What trademark class is bottled water?

Mineral water, aerated water, and many other non-alcoholic beverages generally fall in Class 32.

What trademark class is an energy drink?

Energy drinks generally fall within Class 32. A beverage adapted for medical purposes may require a different classification.

What trademark class is beer?

Beer is in Class 32 even though it contains alcohol.

What trademark class is wine?

Wine is generally in Class 33.

What trademark class is a dietary supplement?

Dietary supplements for humans and animals generally fall within Class 5.

What trademark class is a restaurant?

Restaurant and similar food-and-drink services generally fall within Class 43.

Does an ecommerce food brand automatically need Class 35?

No. Selling a company’s own goods does not by itself constitute a separate registrable service. A genuine retail or online retail store service may fall within Class 35 when properly identified and used.

Can the same trademark be registered in several classes?

Yes. A multiclass application can cover the same mark across several classes when the applicant has qualifying use or a bona fide intent to use the mark for the goods or services identified in each class.

Final Thoughts

What trademark class covers food and beverages? The answer depends on exactly what the company sells and what services it provides.

Class 29 generally covers many prepared and preserved foods, meat and dairy goods, processed fruits and vegetables, and edible oils. Class 30 covers coffee, tea, bakery products, confectionery, sauces, spices, cereal products, and many other staple foods. Class 31 includes fresh and unprocessed agricultural products. Class 32 covers beer and many non-alcoholic beverages, while Class 33 generally covers alcoholic beverages other than beer.

Other classes can become equally important depending on the business. Dietary supplements and medical foods may involve Class 5. Retail services can involve Class 35. Custom manufacturing for others can fall within Class 40. Restaurants, cafés, bars, catering, and other food-and-drink services generally fall within Class 43.

Choosing a class is only the beginning. A well-structured application should accurately identify the goods or services, reflect legitimate current use or bona fide growth plans, and account for potentially conflicting trademarks outside the applicant’s exact class.

For food and beverage companies planning to build a long-term brand, classification should follow the business strategy rather than the other way around.

Primary Authorities and Sources

The USPTO currently applies Nice Classification, Thirteenth Edition, version 2026 (NCL 13-2026), which became effective January 1, 2026. The USPTO’s current Nice Classification materials provide the official class headings and explanatory notes for Classes 5, 29, 30, 31, 32, 33, 35, 40, and 43 discussed above.

The USPTO’s May 2026 Trademark Manual of Examining Procedure, particularly Chapter 1400, governs classification and identification practice. It confirms that class headings do not replace a specific identification and that classification itself does not determine substantive trademark rights.

Current USPTO filing-fee guidance provides a base application fee of $350 per class and explains the additional fees that may apply to custom free-form identifications and incomplete applications.