Asphalt falls in Class 19, building materials, and depending on what exactly you sell it can also fall in Class 37 or Class 7 or Class 4. Everything below is read from the USPTO's own list of accepted descriptions, not from an opinion about where it belongs.
Searching the USPTO Trademark ID Manual for asphalt returns 45 accepted descriptions, and most of them sit in Class 19. The manual is the list of identifications the office has already approved, so wording taken from it is pre-approved and settles the class at the same time.
The class follows from the identification you write, so "what class am I in" is really "what exactly do you sell". How the class system works covers the rest.
Non-metal building materials like lumber, stone, concrete, or glass.
33 accepted descriptions in the manual mention asphalt. For example:
You build, install, clean, or repair things like buildings, vehicles, or equipment.
5 accepted descriptions in the manual mention asphalt. For example:
Machines, power tools, motors, or engines (other than for land vehicles).
2 accepted descriptions in the manual mention asphalt. For example:
Fuels, industrial oils, greases, or candles.
2 accepted descriptions in the manual mention asphalt. For example:
Asphalt appears in 4 classes because what you make, what it is made of and the service of selling it are separate classes. Pick the descriptions above that match what you actually do.
Making asphalt is Class 19; a shop or online store that sells it is retail store services (Class 35), and a business that does both files in both.
Non-metal building materials such as lumber. Putting them up is a service in a different class: building construction is Class 37.
The class decides what a registration covers; it does not decide whether the name is available. Relatedness is judged on the identifications, so a conflict can sit in a class you never looked at: the same name in a different industry.
Check whether your name is clear for asphalt Searches the live USPTO register, including sound-alike and meaning-alike names. First search $2, then $5.Asphalt sits in Class 19, building materials. That is where the USPTO's own ID Manual puts it: 33 accepted descriptions mentioning asphalt fall in Class 19. Depending on exactly what you sell it can also fall in Class 37 or Class 7 or Class 4.
You file in every class you actually use the mark in, and the USPTO charges its fee per class. Selling a product and also running an online store for it is two classes, not one. Filing in classes you do not use is worse than filing in too few: an application has to be supported by real use or a genuine intent to use.
No. The class decides what a registration covers. Availability turns on whether someone already holds a similar mark for related goods, and relatedness is judged on what the identifications say rather than on the class number, so marks in different classes can still conflict.
Not what you sell? Search the class finder for your own wording, or browse all 45 classes.