Trademark Class 34: Tobacco, vaping and smokers' articles
Tobacco, tobacco substitutes, vaping products and smokers' accessories.
“Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers' articles; matches.”
Official class heading, Nice Agreement, Eleventh Edition. Published by the USPTO.
Typical goods and services in class 34
- Cigarettes, cigars and loose tobacco
- E-cigarettes, vapes and vaporizers
- E-liquids and vape pods
- Lighters, matches and ashtrays
- Rolling papers and smoking accessories
Commonly confused with class 34
These look like they belong here and do not. Each one is a separate class with a separate $350 government fee, and a class cannot be added to an application once it has been filed.
Nicotine replacement products with a medical purpose
Class 5 — Pharmaceuticals and supplements
Vape shop retail
Class 35 — Advertising, retail and business services
Cannabis products, which carry their own federal restrictions
Takes its own class, depending on what the product is.
Federal registration is not available for goods that are unlawful under federal law, which is why cannabis and many CBD products cannot be registered the way an ordinary class 34 product can. This is one to raise with an attorney before filing rather than after.
Filing in one class
A single-class application in class 34 costs $350 in USPTO government fees, paid to the government, plus our flat fee of $199 — $549 in total. Every additional class is another $350. Government fees are current as of 18 January 2025.
Work out how many classes you need Check if the name is taken
This page describes how the USPTO groups goods and services in general. It is not legal advice about your application, and the lists above are written for the common case rather than being exhaustive. Which classes you actually need depends on what you sell, and a licensed attorney confirms them before anything is filed.
Classes either side of this one
Class 32 — Beer and non-alcoholic drinks
Beer and every non-alcoholic drink. Beer sits with the soft drinks, not with the spirits — a split that surprises most new drinks brands.
Class 33 — Wine and spirits
Every alcoholic drink except beer — wine, spirits, liqueurs and ready-to-drink cocktails.
Class 35 — Advertising, retail and business services
The most commonly forgotten class in the entire system. Selling products is one thing; running the shop you sell them in is a separate service, and this is it.
Class 36 — Financial, insurance and real estate services
Money and property services — banking, lending, payments, insurance, investment and real estate.