Class 34: Vapes, E-Liquids, Tobacco & Smokers’ Articles
Class 34 covers tobacco and the products that have grown up around it: cigarettes, cigars and pipe tobacco, electronic cigarettes and vapes, e-liquids, heated tobacco devices, nicotine pouches, and smokers’ articles such as lighters, matches, rolling papers and ashtrays. It’s the 38th most used of the 45 classes, with 6,948 UK registrations between September 2021 and September 2026, which is about 80% fewer registrations than the average class. In recent filings it’s become a vaping class far more than a tobacco one.
What class 34 covers
This is the official Nice heading, in full:
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporisers for smokers; smokers’ articles; matches.
In practice, class 34 is anything you smoke, vape or use to smoke. That covers the product itself, whether it’s tobacco, herbal smoking mixtures or e-liquid, the device that delivers it, and the accessories that go with it. The vape, the pod, the tank and the liquid all sit here, and so do lighters, ashtrays and cases made for smokers.
The mistake I see most often
The mistake is assuming the whole vaping business sits in one class. It doesn’t. The device and the liquid are class 34, but the charger and the app are class 9, a nicotine replacement product is class 5, the shop is class 35, and any hosted platform is class 42.
Take a vape brand that starts with e-liquids, then adds its own devices, branded chargers, a loyalty app and two high-street shops. The liquids and devices are class 34, the chargers and app are class 9 and the shops are class 35. File only class 34 and the name is protected on the liquid, but a competitor could open shops or sell accessories under a similar name, which is exactly where customers get confused.
It’s worth listing what you sell now and what you’ll realistically add in the next couple of years, then filing for the classes that matter. A UK application can’t have classes added later. Product rules in this sector also change often, so it’s worth checking that what you plan to sell can legally be sold before you build a brand around it.
When you definitely need class 34
- You make or sell electronic cigarettes or vape kits under your own brand
- You produce e-liquids, pods or cartridges for vaping devices
- You sell cigarettes, cigars, pipe tobacco or rolling tobacco
- You make lighters, matches, rolling papers, ashtrays or other smokers’ articles
- You sell nicotine pouches or heated tobacco products
When you might need class 34 without realising
The businesses I see miss class 34 usually think of themselves as something other than a tobacco brand.
- Vape shops with an own-label range. The shop is a class 35 service, but your own-brand e-liquids are class 34 goods. Liquid solutions for use in electronic cigarettes appear on 2,227 registrations.
- Lifestyle and merchandise brands. A branded lighter or cigarette case is a class 34 product, not general merchandise. Lighters for smokers appear on 1,663 registrations and cigarette cases on 1,289.
- Herbal and botanical brands. Herbs for smoking are class 34, on 791 registrations, even when they contain no tobacco at all.
- Hospitality venues with shisha. The lounge is a class 43 service, but if you sell branded shisha tobacco or pipes, those are class 34 goods.
Not sure whether your product is class 34, class 9 or class 5? The free class tools below show you where businesses like yours actually file, or you can give us a call.
What businesses actually claim in class 34
These are the terms that turn up most often in recent UK class 34 registrations:
| Term | Marks using it | Share of class 34 | How common |
|---|---|---|---|
| electronic cigarettes | 4,146 | 59.7% | Essential |
| liquid solutions for use in electronic cigarettes | 2,227 | 32.1% | Essential |
| cigarettes | 2,055 | 29.6% | Most use this |
| oral vaporisers for smokers | 1,912 | 27.5% | Most use this |
| liquids for electronic cigarettes | 1,679 | 24.2% | Most use this |
| cigarette filters | 1,671 | 24.1% | Most use this |
| lighters for smokers | 1,663 | 23.9% | Most use this |
| liquid nicotine solutions for use in electronic cigarettes | 1,615 | 23.2% | Most use this |
| matches | 1,524 | 21.9% | Most use this |
| tobacco | 1,476 | 21.2% | Most use this |
Vaping leads the class. Electronic cigarettes are claimed on 4,146 registrations, about twice as many as cigarettes (2,055), and most of the rest of the table is e-liquids, oral vaporisers for smokers (1,912), atomisers and cartridges. Traditional tobacco (1,476) and cigars (1,461) are still there, but they’re a much smaller share of new branded filings.
It’s also worth noticing how specific vaping specifications have become: liquids, cartridges, atomisers and cases each appear as their own entry. A vaping brand that names each product it sells has a clearer specification to rely on than one that relies on a single broad term.
What class 34 does not cover
Running a vape shop or tobacconist is class 35. The vapes and liquids on the shelves are class 34, but the retail service of selling them, in a shop or online, is a class 35 service. A vape shop with its own e-liquid range usually needs both: class 34 for the products and class 35 for the shop.
Separate batteries and chargers are class 9. The vape device is class 34, but standalone batteries, chargers and downloadable apps are electronics, so they sit in class 9, where battery chargers appear on 6,846 registrations. A vaping brand that sells branded chargers or a companion app needs class 9 as well.
Smoking-cessation products and medicated nicotine are class 5. Nicotine patches, nicotine gum and other products sold to help people stop smoking are pharmaceutical goods in class 5, not class 34. CBD sold as a supplement is class 5 too, where dietary supplements and dietetic preparations containing CBD oil appear on 1,564 registrations. A vaping brand that adds CBD capsules or supplements needs class 5 as well.
Hosted software and device development are class 42. If a connected vaping device comes with a platform, an online account or software you provide as a service, that service is class 42, where software as a service [SaaS] appears on 11,088 registrations. Most vaping brands won’t need it, but connected-device brands often do.
Where these terms actually live
| Term | Belongs to | Marks using it |
|---|---|---|
| dietary supplements and dietetic preparations containing cbd oil | Class 5 | 1,564 |
| battery chargers | Class 9 | 6,846 |
| software as a service [SaaS] | Class 42 | 11,088 |
Each of these is a separate registration. A mark in class 34 does not cover any of them.
Is class 34 the right class for you?
If you make or sell vapes, e-liquids, tobacco, cigars, nicotine pouches, heated tobacco or smokers’ articles such as lighters, papers and ashtrays under your own brand, class 34 is very likely yours. If you also run a shop, sell separate electronics or apps, offer cessation products, or provide a hosted platform, look at classes 35, 9, 5 and 42 as well.
Our free class tools build a specification from wording already accepted on real UK filings, so you can see what businesses like yours claim before you commit.
Common questions about class 34
Are vape batteries class 34 or class 9?
It depends on how they’re sold. A battery built into the vape is part of the device, so it’s class 34 with the e-cigarette. Batteries and chargers sold separately are electronics, so they’re usually class 9. If you sell spare batteries or charging cases under your brand, it’s worth claiming both classes.
Answered by Jonathan Paton, Founder & CEOWhat class are nicotine pouches?
Nicotine pouches sold as an alternative to smoking are class 34, alongside other tobacco and nicotine products for consumers. Nicotine products sold for medical purposes, such as patches and gum to help people quit, are class 5. The difference is whether the product is sold as a consumer alternative or as a cessation aid.
Answered by Jonathan Paton, Founder & CEODo rolling papers, filters and ashtrays count as class 34?
Yes. Rolling papers, cigarette filters (1,671), ashtrays and cigarette cases are all smokers’ articles, and smokers’ articles are class 34. That catches out gift and homeware brands: a branded ashtray is class 34, even if the rest of the range is candles and cushions in other classes.
Answered by Jonathan Paton, Founder & CEOAre shisha pipes and shisha tobacco class 34?
Yes, both. Shisha tobacco, hookah tobacco, shisha pipes and electronic shisha pipes are all class 34. Running a shisha bar or hookah lounge is different, because that’s a hospitality service in class 43. A shisha lounge that also sells its own branded tobacco usually needs both classes.
Answered by Jonathan Paton, Founder & CEOAbout these figures. Last researched 23 September 2026, from UK trademarks registered between September 2021 and September 2026 whose entry in this class is still active. That is current drafting practice rather than the historical register. Terms shown are those most frequently used in that period.
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