Master the NICE Classification system and choose the right classes for your trademark. Avoid costly mistakes, prevent legal disputes, and build a bulletproof brand protection strategy from day one.
Your trademark rights are confined to the specific classes you register. Choose wrong, and competitors can legally use your brand name in other categories. Choose too few, and you leave gaps in your protection.
This guide will help you navigate the 45 classes strategically and avoid costly mistakes that could compromise your brand's future.
The NICE Classification brings order to millions of trademarks worldwide by organizing all goods and services into 45 distinct categories. This global system ensures consistent trademark protection across borders.
Your trademark rights are confined to the specific classes where you register. This creates clear boundaries for your legal protection.
The system distinguishes between similar brand names used for entirely different products or services, reducing marketplace confusion.
Enables efficient searching for potential conflicts before filing, saving time and reducing application rejections.
Cover Goods (Physical Products)
Cover Services (Activities for Others)
Class selection isn't just administrative—it's a strategic business decision that impacts your legal protection, costs, and competitive positioning.
Your registration only protects within selected classes. Register "Apex" in Class 25 for t-shirts, and another company can use "Apex" for financial consulting in Class 36.
Filing fees are per-class. Wrong class selection means likely rejection, forcing you to re-file and pay again—plus lost time and momentum.
Incorrect or overly broad classes increase conflict chances with existing trademarks, leading to objections, delays, and potential legal disputes.
Navigating 45 classes seems daunting, but this systematic approach simplifies the process and ensures comprehensive protection.
The first step is determining whether you're selling a product or performing a service. Goods are tangible items—clothing, software on a disk, packaged food. Services are activities performed for others—financial advice, restaurant service, software-as-a-service (SaaS).
Many businesses do both. A coffee shop sells bags of coffee beans (goods, Class 30) and provides café service (service, Class 43). Full protection requires registration in both classes.
Key Questions to Ask:
When classifying goods, always describe the final product being sold to consumers, not its components or raw materials. This is a common source of confusion and rejection.
Example: A business selling branded wooden furniture should file in Class 20 (Furniture, mirrors, picture frames), not Class 19 (Non-metallic building materials). The customer buys furniture, not wood.
More Examples:
Smart trademark strategy looks beyond current offerings to where your business will be in 3-5 years. This preemptive approach blocks competitors from registering similar marks in related categories.
Strategic Example: Currently sell clothing (Class 25) but plan to launch branded handbags (Class 18) and fragrances (Class 3) within two years? Include these classes in your initial application.
Important Caveat: You must have genuine "intent to use" in all applied classes. Over-filing in classes with no concrete plans can lead to challenges or registration revocation.
Future Planning Questions:
For each class, provide a precise description of your specific goods or services. This description is legally binding and defines your protection scope.
Be Specific: "Computer products" will be rejected. Better: "Downloadable computer software for accounting and financial management."
Use Plain Language: Avoid excessive industry jargon. Descriptions should be understood by average consumers and trademark examiners.
Don't Be Too Narrow: "T-shirts" limits future growth. "Tops as clothing" covers t-shirts, tank tops, polo shirts, and blouses.
Good vs. Bad Descriptions:
Use this comprehensive reference to identify the correct classes for your goods and services. Each class has specific scope and limitations.
| Class | Description |
|---|---|
| 1 | Chemicals for use in industry, science, and agriculture; fertilizers, fire-extinguishing compositions |
| 2 | Paints, varnishes, lacquers; preservatives against rust and wood deterioration; colorants |
| 3 | Cosmetics, cleaning preparations, soaps, perfumery, essential oils, and toiletries |
| 4 | Industrial oils, greases, lubricants, fuels, and illuminants; candles and wicks |
| 5 | Pharmaceuticals, medical and veterinary preparations, dietary supplements, and baby food |
| 6 | Common metals and their alloys, metal building materials, and small metal hardware |
| 7 | Machines, machine tools, motors, engines, and agricultural implements |
| 8 | Hand tools and implements, cutlery, razors, and gardening tools |
| 9 | Scientific and electrical apparatus, computers, software, smartphones, and measuring instruments |
| 10 | Surgical, medical, dental, and veterinary apparatus and instruments; prosthetics |
| 11 | Apparatus for lighting, heating, cooling, cooking, refrigeration, and sanitation |
| 12 | Vehicles and apparatus for locomotion by land, air, or water; vehicle parts |
| 13 | Firearms, ammunition, explosives, and fireworks |
| 14 | Precious metals, jewelry, precious stones, and chronometric instruments (watches, clocks) |
| 15 | Musical instruments and accessories |
| 16 | Paper goods, printed matter, stationery, office supplies, and art materials |
| 17 | Rubber, asbestos, mica, plastics for use in manufacturing; insulating materials |
| 18 | Leather goods, bags, wallets, umbrellas, walking sticks, and animal harnesses |
| 19 | Non-metallic building materials, asphalt, pitch, bitumen, and portable buildings |
| 20 | Furniture, mirrors, picture frames, and goods made of wood, cork, or plastic |
| 21 | Household or kitchen utensils and containers, glassware, porcelain, and earthenware |
| 22 | Ropes, string, nets, tents, awnings, and raw fibrous textile materials |
| 23 | Yarns and threads for textile use |
| 24 | Textiles and textile goods, bed linens, table covers, and curtains |
| 25 | Clothing, footwear, and headgear |
| 26 | Lace, ribbons, buttons, hooks, pins, and artificial flowers |
| 27 | Carpets, rugs, mats, linoleum, and other floor coverings; wall hangings |
| 28 | Games, toys, sporting goods, decorations for Christmas trees, and exercise equipment |
| 29 | Meat, fish, poultry, eggs, preserved fruits and vegetables, dairy products |
| 30 | Coffee, tea, sugar, spices, baked goods, confectionery, and ice cream |
| 31 | Fresh fruits and vegetables, live animals, seeds, and agricultural products |
| 32 | Beers, mineral waters, fruit juices, and other non-alcoholic beverages |
| 33 | Alcoholic beverages (except beers), wines, and spirits |
| 34 | Tobacco, smokers' articles, matches, and electronic cigarettes |
| Class | Description |
|---|---|
| 35 | Advertising, business management, retail services, office functions, and marketing |
| 36 | Insurance, financial affairs, monetary affairs, real estate services, and banking |
| 37 | Building construction, repair, installation services, and maintenance |
| 38 | Telecommunications services, broadcasting, and internet services |
| 39 | Transport, packaging, storage of goods, travel arrangement, and logistics |
| 40 | Treatment of materials, custom manufacturing, printing, and recycling |
| 41 | Education, training, entertainment, sporting and cultural activities, publishing |
| 42 | Scientific and technological services, research, design of computer hardware/software |
| 43 | Services for providing food and drink; temporary accommodation (hotels, restaurants) |
| 44 | Medical, veterinary, hygienic and beauty care, agriculture/horticulture services |
| 45 | Legal services, security services, personal/social services (dating, funeral services) |
Study your current and future business activities before filing
Write clear, specific descriptions that accurately reflect your offerings
Consider strategic expansion plans and related product categories
Your brand represents years of hard work and vision
Taking time to classify it correctly ensures this invaluable asset is properly shielded, allowing you to build and grow your business with confidence. When in doubt, professional guidance is a wise investment in your brand's future.
Don't risk getting it wrong. Our trademark experts help you navigate the 45 classes strategically, ensuring comprehensive protection while avoiding unnecessary costs.
