USPTO Trademark Classes Blog Series: Class 34 – Tobacco and Smokers’ Articles

Welcome back to our USPTO Trademark Classes Blog Series, where we break down each trademark class to help businesses properly categorize and protect their brands.

In this installment, we’re covering Trademark Class 34, which includes tobacco, tobacco substitutes, smokers’ articles, and vaping-related products. If your business manufactures, sells, or distributes these types of goods, this class may be the right fit for your trademark.

If you’ve ever asked, “Can I trademark my cigar brand?” or “What class do vape products fall under?”, this guide will help clarify whether this classification is appropriate for your brand.

What is Trademark Class 34?

Trademark Class 34 includes products intended for smoking or vaping, as well as certain accessories designed specifically for these goods. These products may be used recreationally or as part of tobacco cessation or replacement efforts.

Some examples of goods that might fall under Trademark Class 34 include:

• Tobacco products: Cigars, cigarettes, chewing tobacco, pipe tobacco

• Smokers’ articles: Ashtrays, cigar cutters, pipes, cigarette papers

• Electronic cigarettes and vapes: E-cigarettes, vape pens, disposable vapes

• E-liquids and vape juices: With or without nicotine

• Tobacco substitutes: Herbal smoking products, nicotine-free cigarettes

If your product is used for smoking, vaping, or as a tobacco alternative, Trademark Class 34 is likely the appropriate classification.

Why Trademark Class 34 Matters for Your Business

Registering a trademark under Class 34 helps protect your brand in the tobacco, vape, and smoking accessory markets, which are heavily regulated and competitive. Here’s why filing in this class might be important:

1. Prevents brand confusion – Many brands offer similar types of products, and a registered trademark helps distinguish your business from others.

2. Protects against counterfeiting and imitation – Trademarks help you take legal action if other businesses try to profit off your name or packaging.

3. Supports trust and recognition – With a Class 34 trademark, customers know they’re buying from a legitimate source, not a knockoff.

4. Enables expansion into new product lines – Whether you’re launching a new vape flavor or adding accessories to your catalog, a trademark helps protect your overall brand identity.

Examples of Trademarks in Class 34

Many of today’s most recognized names in the tobacco and vaping industry are protected under Trademark Class 34. Here are a few examples:

1. Marlboro® – Registered for cigarettes and smoking products

2. Juul® – Protects its name and devices for electronic cigarettes and vaping pods

3. Backwoods® – Covers cigars and related goods

These brands use their trademarks to secure packaging, slogans, device designs, and product names in a competitive market.

Do You Need a Trademark Search Before Filing in Class 34?

A comprehensive trademark search is strongly recommended before applying in Class 34. Because the industry is saturated with similar-sounding or visually similar brands, trademark conflicts are common.

At Brand Diplomacy, we conduct detailed trademark searches to assess whether your brand is clear for registration. Our process helps reduce the likelihood of USPTO objections and future legal disputes.

How to Determine if Class 34 is Right for Your Trademark

If you’re unsure whether Trademark Class 34 is the correct category for your product, consider the following:

1. Is your product used for smoking, vaping, or as a tobacco alternative?

   • If it’s a cigarette, cigar, e-cigarette, or vape, Class 34 is likely appropriate.

2. Is your product a smokers’ accessory?

   • Rolling papers, lighters, and ashtrays may fall into this class when intended for use with tobacco.

3. Does your product overlap with other classes?

   • Some related products and services may require multiple classifications. For example:

     • Retail store services selling tobacco or vape products could belong in Class 35

     • Nicotine patches or medicinal cessation aids might fall under Class 5 (Pharmaceuticals)

     • Promotional merchandise like branded apparel may need Class 25

   
   

If your product spans more than one type of offering, filing in multiple classes might be necessary for full brand protection.

How Brand Diplomacy Can Help

At Brand Diplomacy, we work with startups, established brands, and online retailers in the tobacco and vape industries.

Whether you're creating a new e-liquid brand, launching a cigar company, or expanding into accessories, we’re here to help you navigate the trademark process.

Here’s how we support Class 34 trademarks:

• Trademark Search & Clearance – We identify potential conflicts before you file

• Class Selection Guidance – We’ll determine if Class 34 is the right fit or if you need additional coverage

• Application Filing & Management – We handle the paperwork and correspondence with the USPTO

• Trademark Monitoring & Enforcement – We help ensure others aren’t infringing on your rights

If you’re ready to protect your brand in Class 34, contact us today to get started.

What’s Next in Our Trademark Class Series?

Thank you for exploring Trademark Class 34: Tobacco and Smokers’ Articles with us! Up next, we’ll cover Trademark Class 35: Advertising and Business Services, where we’ll break down how trademarks apply to e-commerce, business consulting, marketing, and more.

Stay tuned as we continue guiding you through the USPTO trademark classes, helping you make informed decisions for your brand!