There is no single trademark class for CBD, hemp, or cannabis. The correct USPTO class depends on the specific product or service sold under the trademark. A non-medicated CBD cosmetic may fall in Class 3, a dietary supplement or medicated product ordinarily falls in Class 5, hemp clothing generally falls in Class 25, retail services may fall in Class 35, and cannabis-related software may fall in Class 9 or Class 42 depending on how the software is provided.
Selecting the correct class is only one part of a federal trademark application.
A CBD, hemp, or cannabis product can fit perfectly within an international trademark class and still be ineligible for federal registration if the underlying commercial activity does not comply with applicable federal law.
For businesses in this industry, two questions therefore need to be answered separately: What trademark class covers the product or service? And can that product or service lawfully support a federal trademark registration?
As of 2026, the USPTO uses the Nice Classification, Thirteenth Edition, version 2026, known as NCL 13-2026.
How Many USPTO Trademark Classes Are There?
The international trademark classification system contains 45 classes.
Classes 1 through 34 cover goods.
Classes 35 through 45 cover services.
The United States uses the international Nice Classification system to organize trademark applications. The classification system makes it easier for the USPTO to administer applications and determine filing fees.
A trademark class is not the same thing as the legal scope of a trademark owner’s rights.
Section 30 of the Trademark Act expressly authorizes classification for USPTO administrative convenience and states that classification does not limit or extend an applicant’s or registrant’s rights.
That distinction becomes important when determining whether two trademarks conflict.
Is There a Specific USPTO Class for CBD?
No.
CBD is an ingredient or component that can appear in many different types of goods.
The correct class depends on what the finished product actually is.
For example, a non-medicated cosmetic body cream may belong in Class 3. A pharmaceutical or medicated preparation may fall in Class 5. A food product may fall in one of the food classes. A non-alcoholic beverage may be classified differently from a dietary supplement.
Simply identifying something as a “CBD product” does not tell the USPTO enough about the nature of the goods to determine classification.
The product’s function, formulation, intended purpose, and ordinary commercial identity usually control the classification analysis.
Is There a Specific Trademark Class for Hemp?
No.
Like CBD, hemp can appear in products belonging to many different international classes.
Hemp may be used to manufacture clothing, fabrics, yarn, raw fibers, building materials, food products, cosmetics, agricultural products, and numerous other goods.
The classification follows the finished goods or services offered to customers, not merely the fact that hemp was used as an ingredient or raw material.
For example, hemp fiber, hemp fabric, and a finished hemp shirt can belong in three different classes even though all three originate from the same plant.
Is There a Specific Trademark Class for Cannabis?
No.
“Cannabis” is not a single trademark class.
Cannabis-related businesses may provide physical products, retail services, software, laboratory testing, cultivation services, educational programs, consulting, clothing, or other goods and services.
Each activity must be classified according to its actual commercial nature.
The legality of the underlying cannabis activity must then be analyzed separately.
Classification should never be treated as proof that marijuana, CBD, or another cannabis-related product qualifies for federal trademark registration.
What Is the USPTO Trademark ID Manual?
The USPTO Trademark ID Manual contains descriptions of goods and services that the agency generally considers acceptable for classification and identification purposes.
Applicants can search the ID Manual for wording that accurately describes their products or services.
Using wording from the ID Manual can simplify examination because the USPTO has already determined that the description is sufficiently definite and assigned it to an international class.
The wording still must accurately describe what the applicant actually sells or genuinely intends to sell.
An applicant should not select an ID Manual entry merely because it produces a desirable class.
Likewise, class headings such as “Cosmetics” or “Pharmaceuticals” are not substitutes for identifying the specific goods included in the application.
Which Nice Classification Is the USPTO Using in 2026?
The USPTO currently uses Nice Classification, Thirteenth Edition, version 2026, or NCL 13-2026.
It became effective January 1, 2026.
The Nice Classification is updated periodically, and individual goods or services can be added, deleted, or reclassified.
For that reason, an identification used in an older trademark application should not automatically be copied into a new application without checking the current USPTO ID Manual.
The 2026 version includes changes affecting several classes, including Classes 3, 5, and 29, which can be particularly relevant to businesses dealing with cosmetics, pharmaceutical-type products, and food.
Does Choosing the Correct Trademark Class Make a CBD Product Federally Legal?
No.
Classification and lawful use are separate issues.
A dietary supplement ordinarily belongs in Class 5. That does not mean a CBD dietary supplement automatically qualifies for federal trademark registration.
The USPTO requires use supporting federal registration to comply with applicable federal law.
For cannabis and CBD goods, this analysis can involve the Controlled Substances Act, Federal Food, Drug, and Cosmetic Act, federal hemp law, and other applicable statutes.
The FDA continues to maintain that CBD cannot currently be marketed as a conventional dietary supplement under the existing federal framework. The FDA also maintains that introducing conventional food with added CBD into interstate commerce is prohibited, subject to limited statutory exceptions.
Putting such a product into the technically correct trademark class does not eliminate those issues.
What Trademark Class Covers CBD Skincare Products?
Non-medicated cosmetics and toiletry preparations generally fall within International Class 3.
The current Nice Classification identifies Class 3 as covering non-medicated cosmetics and toiletry preparations.
Depending on the particular product, Class 3 may include items such as non-medicated cosmetic creams, lotions, oils, serums, soaps, shampoos, and related personal-care products.
For a CBD or hemp skincare business, the critical word is often non-medicated.
A topical product genuinely marketed as a cosmetic may belong in Class 3.
A product marketed as treating a medical condition may require a different analysis.
Is CBD Class 3 or Class 5?
It can be either, depending on the product.
The difference generally turns on the nature and intended purpose of the goods.
Class 3 principally includes non-medicated cosmetics and toiletry preparations.
Class 5 principally includes pharmaceuticals, medical and veterinary preparations, dietary supplements, and medicated personal-care preparations.
The current Nice Classification specifically places non-medicated lotions and similar cosmetic products in Class 3 while identifying medicated lotions, shampoos, soaps, and comparable preparations with Class 5.
For example, a cosmetic body lotion promoted for moisturizing the skin may belong in Class 3.
A product marketed as a medicated preparation for relieving pain or treating a disease may belong in Class 5.
Classification in Class 5 does not, however, establish that the CBD product has FDA approval or is federally lawful.
Can Marketing Claims Change the Trademark Class of a CBD Product?
Potentially, yes.
How a company describes the intended use of its product can affect classification.
A skincare product described as moisturizing, cleansing, conditioning, or beautifying may function as a cosmetic.
The same physical product marketed as treating eczema, reducing inflammation, relieving arthritis pain, or addressing another medical condition may be characterized differently because of its therapeutic intended use.
This is particularly significant for CBD products.
Businesses should make sure the trademark identification, packaging, product label, website, advertisements, and actual intended use are consistent.
Changing a few words in the trademark application does not necessarily change the nature of the product being offered to consumers.
What Trademark Class Is CBD Oil?
There is no universal answer.
The phrase “CBD oil” describes an ingredient or formulation but does not establish the product’s trademark classification.
A cosmetic body oil can fall within Class 3.
An oil marketed as a pharmaceutical or medicated therapeutic preparation may fall within Class 5.
An edible oil ordinarily classified as food may fall within a food class, depending on what the product actually is.
The federal-law analysis is separate.
A company should therefore avoid filing simply for “CBD oil” without identifying the actual purpose and commercial nature of the product.
What Trademark Class Is Hemp Seed Oil?
The answer depends on its use.
Hemp seed oil marketed as an edible cooking oil may generally fall within Class 29, which covers various processed foods and edible oils.
Hemp seed oil used for cosmetic purposes may require a different classification based on the particular cosmetic product.
Hemp seed oil should also be distinguished from CBD oil.
The FDA has recognized lawful pathways for certain hemp seed-derived food ingredients, including hemp seed oil, while maintaining a different federal position regarding food to which CBD has been added.
For both classification and federal-law purposes, accurately identifying the ingredient and intended use is important.
What Trademark Class Are CBD Gummies?
The answer depends on how the gummies are characterized.
A gummy sold as ordinary candy or confectionery would ordinarily be analyzed under the food classifications, often Class 30.
A gummy marketed as a dietary supplement would ordinarily be classified in Class 5.
That classification difference does not determine federal registrability.
The FDA currently maintains that CBD cannot be marketed as a conventional dietary supplement and that conventional foods with added CBD cannot generally be introduced into interstate commerce.
A CBD gummy can therefore have an identifiable trademark class while still presenting a federal lawful-use problem.
What Classes Cover Hemp and Cannabis Food Products?
Food products are divided among several international classes according to their type.
Class 29 generally includes processed foods such as edible oils and certain protein-based or prepared foods.
Class 30 generally includes staple foods such as coffee, tea, bakery products, chocolate, candy, cereals, and various confectionery goods.
Not every beverage automatically belongs in Class 32.
For example, beverages with a coffee, cocoa, chocolate, or tea base are generally classified in Class 30 under the current Nice Classification.
This illustrates why the actual product should be checked rather than selecting a class based on a broad category such as “CBD food.”
Are Hemp Seed Foods Treated the Same as CBD Foods?
No.
Classification may sometimes overlap, but federal regulatory treatment can differ significantly.
The FDA has recognized specified uses of hulled hemp seed, hemp seed protein powder, and hemp seed oil in human foods under evaluated safety notices.
The agency treats foods containing added CBD differently.
Accordingly, two products might both fall within a food-related trademark class while presenting very different lawful-use analyses.
The class tells the USPTO what the product is.
It does not determine whether every ingredient in that product may lawfully be sold in interstate commerce.
What Trademark Class Covers Hemp Plants and Seeds?
Class 31 generally includes natural agricultural products, raw and unprocessed agricultural goods, seeds, and live plants.
That can make Class 31 relevant to certain hemp seeds, hemp plants, and agricultural hemp products.
The identification must still describe the goods accurately.
Broad wording such as “cannabis plants” may encompass marijuana as well as federally qualifying hemp.
When an application relies on hemp status, the identification may need appropriate limitations reflecting applicable federal law.
Agricultural licenses and regulatory requirements remain separate from trademark classification.
Registration in Class 31 does not itself authorize cultivation, transportation, or sale of hemp or marijuana.
What Trademark Class Is a CBD Beverage?
It depends on the beverage.
Class 32 generally covers beer and non-alcoholic beverages such as soft drinks, fruit beverages, energy drinks, and certain preparations for making beverages.
However, some beverages are classified elsewhere according to their base or intended purpose.
Coffee-based, tea-based, cocoa-based, and chocolate-based beverages generally belong in Class 30.
Dietetic beverages adapted for medical purposes may fall in Class 5.
Alcoholic beverages other than beer generally fall within Class 33.
The product’s ordinary commercial identity controls.
A CBD beverage may therefore have an identifiable Nice class even while the CBD ingredient creates a separate federal lawful-use concern.
What Trademark Class Covers Alcoholic Cannabis or Hemp Beverages?
Class 33 generally covers alcoholic beverages other than beer.
Wine, spirits, liqueurs, and various other alcoholic beverages typically fall within this class.
Beer generally falls in Class 32.
A hemp-branded alcoholic beverage would still be subject to regulatory requirements beyond trademark classification.
Products involving CBD, THC, or other cannabinoids may create additional federal issues, and alcoholic beverages are independently subject to federal and state alcohol regulation.
The trademark class should not be confused with authorization to manufacture or sell the product.
What Trademark Class Covers Cannabis Vapes and Smoking Accessories?
Class 34 generally covers tobacco, tobacco substitutes, cigarettes, cigars, electronic cigarettes, oral vaporizers for smokers, smokers’ articles, and matches.
The current Nice Classification also places certain smoking herbs and electronic-cigarette flavorings within Class 34.
Cannabis-related businesses should distinguish the device or accessory from the substance intended for use with it.
A vaporizer or smoking accessory can present a different trademark and federal-law analysis from a cartridge containing marijuana or another regulated cannabinoid.
Some components may also fall outside Class 34. For example, batteries and chargers for electronic cigarettes are identified by the Nice Classification as Class 9 goods.
The precise product should therefore be classified rather than treating “vape products” as one category.
What Trademark Class Is Hemp Building Material?
Hemp-derived building materials may fall within Class 19 when they constitute non-metallic building materials.
Industrial hemp businesses frequently require classes that differ substantially from the classes commonly associated with CBD products.
Classification follows the finished product.
A company selling hemp-based insulation or building materials should identify those goods according to their specific commercial form rather than filing broadly for “industrial hemp products.”
What Trademark Class Is Raw Hemp Fiber?
Raw textile fibers generally fall within Class 22.
This can make Class 22 relevant to raw hemp textile fibers and similar material.
Once the hemp is processed into a different commercial product, the class can change.
Hemp fiber used to manufacture yarn is not necessarily classified the same way as the finished yarn, fabric, or garment.
What Trademark Class Is Hemp Yarn?
Yarns and threads generally fall within Class 23.
A company selling hemp yarn may therefore require Class 23 even though the raw hemp fiber used to manufacture the yarn may fall within Class 22.
Again, classification follows the goods sold to customers rather than the underlying plant source.
What Trademark Class Is Hemp Fabric?
Fabrics generally fall within Class 24.
A manufacturer selling hemp textile fabric may therefore use Class 24 for qualifying goods.
If the same company converts that fabric into finished shirts, pants, jackets, or other clothing, the finished garments generally belong in another class.
What Trademark Class Is Hemp Clothing?
Finished clothing generally falls within Class 25.
This can include genuine hemp clothing sold under a cannabis or hemp brand.
A cannabis company may also obtain federal trademark protection for a legitimate clothing line even when federal registration is unavailable for another portion of its business.
The scope of that registration remains tied to clothing.
A Class 25 registration does not automatically provide federal registration coverage for marijuana flower, CBD supplements, dispensary services, or other products sold under the same name.
What Trademark Class Covers CBD or Cannabis Retail Services?
Retail and online retail store services generally fall within Class 35.
Class 35 covers advertising, marketing, business-management activities, and qualifying retail or wholesale services that bring together goods so customers can conveniently view and purchase them.
The identification should normally specify the types of goods featured through the retail service.
For example, an online retail store featuring lawful hemp cosmetics is different from vaguely identifying “cannabis retail services.”
Class 35 protects the retail service.
It does not replace trademark protection for the physical products being sold.
If a company sells its own non-medicated skincare products and also operates an online store, it may need Class 3 for the products and Class 35 for the retail services.
Does Class 35 Protect the Products Sold in a Store?
No.
This is a common classification misunderstanding.
A Class 35 registration for retail store services protects the trademark in connection with the retail service identified in the registration.
It does not automatically register the trademark for every product appearing on the store’s shelves or website.
A CBD company selling its own skincare products, clothing, and other goods may require separate product classes in addition to Class 35.
The application strategy should reflect which aspects of the business are commercially important enough to protect directly.
What Trademark Class Covers Cannabis Manufacturing or Extraction Services?
Class 40 generally covers treatment of materials and various custom manufacturing and processing services.
This can be relevant when a business performs manufacturing, extraction, processing, or treatment services for others.
A company manufacturing products only for itself is not necessarily providing a Class 40 manufacturing service to third parties.
The distinction between making one’s own goods and providing manufacturing services for another business can therefore affect classification.
Cannabis-related processing must also comply with applicable federal law before the commercial activity can support federal trademark registration.
What Trademark Class Covers Cannabis Education or Training?
Educational and training services generally fall within Class 41.
This may include qualifying courses, workshops, seminars, professional training, and educational programs concerning subjects such as hemp cultivation, cannabis compliance, product development, or industry practices.
The application should identify the educational service itself rather than merely the subject matter.
Printed course materials may belong in another class, while the educational program provided to participants can fall in Class 41.
What Trademark Class Covers Cannabis Software?
Software classification depends on how the software is provided.
Downloadable software and downloadable mobile applications generally fall within Class 9.
Software as a service, platform as a service, and providing temporary use of non-downloadable software generally fall within Class 42.
This distinction is particularly important for cannabis technology companies.
A downloadable dispensary-management application may require Class 9, while a cloud-based SaaS platform providing dispensary inventory management may require Class 42.
A company providing both downloadable software and SaaS functionality may potentially need both classes if its commercial activity genuinely covers both.
What Trademark Class Covers Cannabis Laboratory or Testing Services?
Scientific and technological services generally fall within Class 42.
The current Nice Classification specifically includes scientific laboratory services, technological research, quality control, and related scientific activities within Class 42.
Depending on the precise service, a cannabis or hemp laboratory conducting testing, scientific analysis, research, or product-quality services may therefore use Class 42.
The identification should describe what the laboratory actually does.
A company should not simply select Class 42 because it operates in a technical industry.
What Trademark Class Covers Cannabis Cultivation or Agricultural Services?
Certain agricultural and horticultural services may fall within Class 44.
Class 44 broadly includes medical, beauty, agricultural, horticultural, and forestry services.
The classification depends on whether the applicant actually provides a service to others.
Growing a company’s own agricultural products is not necessarily the same thing as providing cultivation or agricultural services for third parties.
Cannabis cultivation also presents obvious federal-law concerns when the activity involves marijuana rather than qualifying hemp or another federally authorized category.
What Trademark Class Covers Cannabis Consulting?
There is no single class for “consulting.”
The correct class depends on the subject matter of the consulting services.
Business-management consulting may fall in Class 35.
Technology consulting may fall in Class 42.
Agricultural consulting may fall in Class 44.
Legal services fall in Class 45.
Other forms of consulting can fall into still other classes depending on their nature.
A cannabis company should therefore identify what advice it actually provides rather than filing simply for “cannabis consulting.”
What Trademark Class Covers Cannabis Books and Publications?
Printed books, printed educational materials, and many other printed publications generally fall within Class 16.
Educational services involving those materials may separately fall within Class 41.
Digital publications can require another classification depending on whether they are downloadable or provided online.
A company that publishes cannabis-industry books and also provides educational seminars may therefore require more than one class even though the materials cover the same subject.
Can a Cannabis Company Register Its Trademark for Merchandise?
Potentially.
Genuine ancillary goods can receive their own trademark protection when the company actually uses or possesses a bona fide intention to use the mark for those goods.
Branded clothing, for example, generally falls within Class 25.
Printed publications may fall within Class 16.
Software may fall within Class 9 or Class 42.
Those registrations protect the identified ancillary goods or services.
They do not automatically create federal trademark protection for marijuana or another federally restricted product.
A company should also avoid manufacturing token merchandise solely to create artificial trademark use.
Can One Trademark Application Include Multiple Classes?
Yes.
A single federal trademark application can identify goods and services belonging to multiple international classes.
Each class must contain appropriate goods or services, and the filing basis must support the claims made for that class.
For example, a hemp beauty company might seek protection for non-medicated skincare products in Class 3, clothing in Class 25, online retail store services in Class 35, and educational workshops in Class 41.
That would be a four-class application.
The business should include those classes only when they reflect actual use or genuine bona fide business plans.
More classes do not automatically create a stronger trademark.
How Much Does It Cost to Add Trademark Classes?
The USPTO’s current base application fee is $350 for each international class.
A one-class application therefore has a $350 base filing fee.
A qualifying two-class application has a $700 base filing fee, and the base fee increases with each additional class.
Additional fees can apply depending on how the application is prepared and whether it satisfies the USPTO’s base application requirements.
For CBD, hemp, and cannabis businesses, filing in unnecessary classes can therefore increase both cost and examination complexity.
The objective should be meaningful protection for commercially important goods and services, not simply the largest possible number of classes.
Should a CBD Company File in Every Possible Trademark Class?
No.
More classes are not necessarily better.
Every class increases filing costs and creates additional claims that must be supported by the applicable filing basis.
A use-based applicant should not claim products it is not actually using the trademark with.
An intent-to-use applicant should have a bona fide intention to use the mark for the identified goods or services.
Overly broad applications can also introduce regulatory and lawful-use issues that would not have arisen from a narrower identification.
A filing strategy should prioritize the products and services that form part of the company’s genuine commercial plan.
Can Two Similar Trademarks Coexist If They Are in Different Classes?
Possibly, but being in different classes does not make two marks automatically compatible.
International classes are primarily administrative.
Likelihood of confusion under Section 2(d) of the Trademark Act depends on factors including the similarity of the marks and relationship between the goods or services.
Goods or services can be commercially related even when the Nice Classification places them in different classes.
For example, cosmetics and retail store services featuring cosmetics are classified separately, but consumers may nevertheless encounter them as closely related commercial offerings.
Conversely, two goods appearing within the same broad class are not automatically considered legally related for every trademark purpose.
Class numbers do not create a safe harbor from trademark infringement or USPTO likelihood-of-confusion refusals.
Should a Trademark Search Be Limited to the Company’s Class?
No.
Searching only within the proposed class can miss important trademark conflicts.
A comprehensive search should consider commercially related goods and services in other classes.
A company planning to file for CBD cosmetics in Class 3, for example, may also need to consider trademarks used for related wellness products, medicated preparations, retail services, beauty services, and other commercially adjacent offerings.
The analysis focuses on how consumers encounter the goods and services, not merely on their numerical Nice classifications.
This is one reason trademark clearance should generally occur before the business commits to a new CBD, hemp, or cannabis brand.
Can the USPTO Change the Class Listed in an Application?
Classification issues can arise during examination when the identification does not correspond with the class selected by the applicant.
The USPTO may require clarification, reclassification, deletion, or other amendment depending on the nature of the identification and application.
Applicants generally cannot use amendment procedures to transform the application into coverage for fundamentally different goods or services outside the permissible scope of the original identification.
Starting with an accurate description can therefore prevent unnecessary Office Actions and additional costs.
The USPTO ID Manual is particularly useful when preparing the initial filing.
What Is More Important: The Class Number or the Identification of Goods?
The identification of the actual goods or services is critically important.
The class number alone does not tell the full story.
For example, two applicants may both file in Class 3 while one sells facial cleansers and another sells completely different cosmetic goods.
Likewise, an application simply stating “Class 3” would not adequately identify what the applicant intends to protect.
The identification defines the particular goods or services claimed in the application.
Businesses should therefore focus first on accurately describing the commercial offering and then determine its appropriate classification.
How Should a CBD, Hemp, or Cannabis Company Choose Its Classes?
The company should begin with the business rather than with a list of class numbers.
Identify exactly what products and services are already offered under the trademark and what additional offerings are genuinely planned.
Determine whether each category can lawfully support federal trademark registration.
Then search the current USPTO ID Manual for accurate descriptions and corresponding classes.
The company should also conduct a comprehensive trademark clearance search that extends beyond the selected classes.
Finally, the application should be structured around commercially important goods and services that the applicant actually uses or has a bona fide intention to use.
This approach is generally more effective than beginning with a broad list of cannabis-related classes and trying to fit the business into them afterward.
Frequently Asked Questions About CBD, Hemp, and Cannabis Trademark Classes
What trademark class is CBD?
There is no universal CBD class. Classification depends on the finished product or service. Non-medicated cosmetics may fall in Class 3, while dietary supplements and medicated preparations generally fall in Class 5.
What class is CBD skincare?
Non-medicated CBD cosmetics and skincare products may generally fall in Class 3, depending on the actual formulation and intended use.
What class is CBD oil?
It depends on the intended use. A cosmetic body oil may fall in Class 3, while a medicated or pharmaceutical preparation may fall in Class 5. Other uses can require other classifications.
What class are CBD gummies?
Classification depends on how the gummies are sold and identified. Confectionery products may fall in Class 30, while dietary supplements generally fall in Class 5. Federal lawful-use requirements must be analyzed separately.
What class is hemp clothing?
Finished clothing generally falls in Class 25.
What class is hemp fabric?
Fabric generally falls in Class 24.
What class is hemp yarn?
Yarns and threads generally fall in Class 23.
What class is raw hemp fiber?
Raw textile fibers generally fall in Class 22.
What class are hemp plants and seeds?
Live plants, seeds, and many raw agricultural products generally fall within Class 31.
What class is a CBD beverage?
Many non-alcoholic beverages fall within Class 32, but tea-based, coffee-based, chocolate-based, and certain other beverages may fall in different classes. Classification depends on the actual product.
What class is cannabis software?
Downloadable software generally falls in Class 9. SaaS and temporary use of non-downloadable software generally fall in Class 42.
What class is a cannabis dispensary or retail store?
Retail store services generally fall in Class 35. Federal trademark eligibility for services involving marijuana requires a separate lawful-use analysis.
What class is cannabis education?
Education and training services generally fall in Class 41.
What class is cannabis laboratory testing?
Scientific and laboratory testing services may fall within Class 42 depending on the specific service.
Can I register CBD products in several classes?
Potentially. A single application can cover multiple classes when the applicant uses or possesses a bona fide intent to use the trademark for qualifying goods or services in each class.
Does filing in the correct class mean the USPTO will approve my CBD trademark?
No. Classification does not determine federal legality, trademark availability, distinctiveness, ownership, specimen compliance, or other registration requirements.
Can another company use the same name if it is in a different class?
Not necessarily. Different class numbers do not prevent a likelihood-of-confusion finding when the marks are similar and the respective goods or services are commercially related.
Final Thoughts: What Trademark Class Is CBD, Hemp, or Cannabis In?
There is no single CBD, hemp, or cannabis trademark class.
The correct classification depends on exactly what the business sells or provides.
Non-medicated cosmetics may fall within Class 3. Pharmaceuticals, medicated products, and dietary supplements generally fall within Class 5. Hemp food products may appear in Classes 29 or 30. Plants and seeds may fall in Class 31. Beverages can involve Classes 30, 32, or 33 depending on their nature. Smoking products and accessories may implicate Class 34.
Industrial hemp products can involve Classes 19, 22, 23, 24, and 25.
Retail services may fall in Class 35, manufacturing services in Class 40, education in Class 41, software and laboratory services in Class 42, and certain agricultural services in Class 44.
The class number is only one part of the trademark strategy.
A CBD, hemp, or cannabis company should first define the actual goods and services, determine whether those activities can lawfully support federal registration, conduct a comprehensive trademark search, and prepare an accurate identification using the current USPTO classification system.
As of 2026, applicants should use the Nice Classification, Thirteenth Edition, version 2026 and consult the current USPTO Trademark ID Manual rather than relying on classifications copied from older applications.
A carefully structured filing can provide meaningful protection for the parts of the business that matter most without adding unnecessary classes, fees, or regulatory issues.
Primary Authorities and Sources
The principal authorities and resources relevant to this article include Section 30 of the Trademark Act, 15 U.S.C. §1112; 37 C.F.R. §§2.85 and 6.1; TMEP Chapter 1400 concerning classification and identification of goods and services; Nice Classification, Thirteenth Edition, version 2026; the USPTO Trademark ID Manual; USPTO guidance concerning goods and services and multiple-class applications; TMEP §907 concerning compliance with federal statutes; USPTO Examination Guide 1-19 concerning cannabis and cannabis-related goods following the 2018 Farm Bill; and FDA guidance concerning cannabis and cannabis-derived products, including CBD.
Author: Abraham Cohn, Founder, Cohn Legal, PLLC. Abraham Cohn is a U.S. trademark attorney who advises businesses on trademark clearance, federal trademark registration, identification and classification of goods and services, Office Actions, brand protection, and trademark disputes.