All classes · Class 34

Class 34: Smokers Articles: trademark trends & clearance risk

Class 34 is the 38th busiest of the 45 classes, with 80,496 U.S. applications on record and 5,773 waiting for a decision. Its registration rate of 54.1% ranks 41st of 45, below the 61.9% average. Filings fell 10.2% in 2025, and are still below the 4,659 filed in the peak year of 2021. 62.6% of applications filed from 2015 to 2019 drew an Office Action, the 22nd highest share. The word used most in its live marks is "cigars", in 533 of them.

What it covers: Tobacco; smokers articles; matches

80,496
Total filings, all years
54.1%
Registration success rate
-10.2%
YoY change (last complete year)
5,773
Currently pending

Words already crowded in Class 34

The words that appear most often in the 32,904 live Class 34 marks. A word that many owners already use gets narrow protection: two marks that share it are usually told apart by the rest of the name. That cuts both ways. A new name built on "cigars" is easier to fit in, and harder to defend against the next one.

WordLive marks using it
cigars533
cigar317
tobacco309
leaf264
smoke264
vape247
black204
bar201
gold182
cannabis179
vapor176
american169
hemp165
high164
don159

Live marks are registered or pending. Words of three letters or more, counted once per mark; articles and company suffixes left out. Rebuilt weekly.

Check before you file. The free clearance risk check finds marks that look or sound like yours in Class 34, not only exact matches. If your mark has a logo, run it through the logo similarity search too.

Easy to confuse with Class 34

Filing in the wrong class means paying again, so check where your goods or services actually belong.

  • Tobacco, e-cigarettes and smokers' articles are Class 34. Nicotine gum and patches to help quit are Class 5. Class 5: Pharmaceuticals

Not sure? Describe what you sell to the class recommender.

Wording that got through in Class 34

The descriptions of goods and services used most often in Class 34 applications that went on to register, filed since 2020. Wording that examiners have accepted thousands of times is a safer start than your own: a description written freely costs $200 more per class and is a common reason for an Office Action asking you to rephrase. Check the exact entry in the USPTO's ID Manual before you file.

DescriptionRegistered marks using it
Electronic cigarettes2,607
Cigars1,594
Liquid nicotine solutions for use in electronic cigarettes1,513
Lighters for smokers1,396
Oral vaporizers for smokers1,239
Cigarettes1,234
Ashtrays1,107
Cigarette filters1,035
Tobacco1,025
Tobacco pipes1,004
Matches795
Flavorings, other than essential oils, for use in electronic cigarettes788
Cigarette cases747
Cigarette lighters700
Electronic cigarettes for use as an alternative to traditional cigarettes664
Electric cigarettes647
Flavourings, other than essential oils, for use in electronic cigarettes643
Electronic cigarette atomizers sold empty642
Cigarette holders633
Cigarettes containing tobacco substitutes, not for medical purposes629

Each application's description split into its separate items, counted once per application. Source: USPTO records. Rebuilt weekly.

What examination did to Class 34 applications

The 18,420 Class 34 applications filed from 2015 to 2019, followed through their file histories. 48% of them registered 13.5 points worse than the all-class average.

What happened Applications Share All 45 classes
Filed in this class 18,420 100% –
Drew at least one Office Action 11,524 62.6% 58.4%
Escalated to a final refusal 1,570 8.5% 8.9%
Abandoned for never answering one 5,295 28.7% –
Registered in the end 8,837 48% 61.5%

Every share is of the 18,420 applications filed. Rows overlap: an application that drew an Office Action and then registered is counted in both.

Of the 11,524 Class 34 applications that drew one, 45.9% were abandoned for never answering or answering late. Of those that did answer, 68.2% went on to register. If you get one, the deadline matters more than the refusal does: track it here, and put an email address you actually read on the application.

  • How long it took. Half the Class 34 applications that registered did so within 12 months of filing, and nine in ten within 28.9 months.
  • Intent to use. 36% reached a Notice of Allowance, with only proof of use left to file. Even then, 51.6% of them were abandoned without a Statement of Use ever being filed, and of the ones that bought three or more extensions first, only 27.2% made it to registration.
  • Filing without an attorney. 71% of Class 34 applications had an attorney on record, and those registered 50.8% of the time against 40.9% without one. 65.5% of unrepresented applicants who drew an Office Action never answered it. Your odds in Class 34.

Cohort: applications with a filing date from 2015 to 2019, counted once in every class they claim. Outcome is whether a registration ever issued. Source: USPTO file histories. All 45 classes compared. How we count.

Status mix of all filings

StatusCountShare
Live (registered)19,19323.8%
Pending 5,7737.2%
Abandoned 34,29542.6%
Cancelled / expired21,23526.4%

Filings by year (last decade)

How many new applications were filed in this class each year. Excludes records with null filing dates (mostly very old paper backfile).

YearNew filingsVolume
2015 770
2016 3,055
2017 3,349
2018 3,695
2019 4,606
2020 3,988
2021 4,659
2022 4,097
2023 4,479
2024 3,727
2025 3,345
2026 2,158

Source: USPTO bulk trademark feed. How we count.

International filings in Class 34 (Madrid System)

8,320
International registrations covering this class
17%
Designate the U.S. (1,449)
43.8%
Refused outright in at least one country (2019–2022 registrations)
2,150
Registered in the last 5 years

Where Class 34 marks are designated, and where they are refused

Country / officeDesignationsProvisionalTotal refusalsPartialRefusal rate
Ukraine (UA) 434 12.9% 34 1 7.8%
European Union (EM) 432 30.3% 9 4 2.1%
United Kingdom (GB) 423 13.7% 1 0 0.2%
Russia (RU) 414 43% 51 0 12.3%
Indonesia (ID) 400 20% 44 7 11%
Kazakhstan (KZ) 383 20.9% 8 0 2.1%
Philippines (PH) 379 74.9% 16 0 4.2%
Canada (CA) 376 84.6% 68 0 18.1%

Most international Class 34 filers come from Switzerland (1,841), France (848), Germany (844), European Union (810), Benelux (528), United States (476).

Refusal rates by country.

WIPO Madrid Monitor data (CC BY 4.0); refusals measured on 2019–2022 registrations. Why we count this way.

Most-active filers in this class

The 10 entities with the most trademark applications in Class 34.

#FilerApplications in this class
1 Philip Morris USA Inc. 1,073
2 R. J. REYNOLDS TOBACCO COMPANY 1,000
3 Philip Morris Incorporated 873
4 K. HANSOTIA & CO., INC. 867
5 Philip Morris Products S.A. 833
6 Bereber, Brian 806
7 REYNOLDS INNOVATIONS INC. 702
8 BROWN & WILLIAMSON TOBACCO CORPORATION 668
9 GENERAL CIGAR CO. INC. 664
10 GMB, INC. 629

Recently registered in Class 34

The latest marks the USPTO registered in this class, on 29 September 2026.

Figures refreshed daily from USPTO and WIPO data. How we count.