Trademark Classes: Complete Guide to the Nice Classification System

Before we dive into how trademark classes work, here's a shortcut that can save you hours:

💡 Try our free Nice Classification Tool. It helps you quickly identify the correct class for your goods or services without getting lost in endless lists.

What Are Trademark Classes?

Before registering a trademark, you must define the goods and/or services your trademark will represent. Every trademark application requires a clear description.

Example:

• Trademark: APPLE → Description: Computer hardware → Class: 9
• Trademark: AMAZON → Description: Electronic retailing services → Class: 35

Different goods and services are grouped into standardized categories called classes. The class you choose determines the scope of your trademark protection. These categories are part of what's known as Nice trademark classes, the universal system that trademark offices use to organize and examine applications.

The Nice Classification System

What is the Nice Classification? The Nice Classification (NCL), also known as the international classification of goods and services, was established by the Nice Agreement in 1957 and serves as the global standard used by the vast majority of countries worldwide. This system organizes all trademarked goods and services into 45 classes total:

• Classes 1–34: Goods (tangible products)
• Classes 35–45: Services (intangible activities)

This Nice classes list ensures that trademark offices worldwide use consistent categorization. Every conceivable product or service fits into one of these 45 classes, either because it's explicitly listed in the predefined catalogue or because its nature corresponds to the class's general description.

Top 3 Most Filed Classes Worldwide

Understanding which classes are most commonly used can give you insight into competitive landscapes:

1. Class 35 – Advertising, business management, business administration, and office functions (~10% of all applications)
2. Class 9 – Scientific, photographic, measuring instruments, recording equipment, computers, and software (~6.8% of all applications)
3. Class 25 – Clothing, footwear, headgear

The dominance of Class 35 and Class 9 reflects the modern economy's focus on services and technology—sectors that barely existed when the Nice Classification was created in 1957.

You can search the official Nice Classification database at WIPO's classification portal.

What's the Difference Between Goods and Services?

Goods are tangible products you can purchase, use, or consume:

• Single-use consumables: Chocolate bars, bananas, bottled water
• Durable products: Pens, shoes, motorcycles, furniture

Services are intangible actions provided by third parties:

• When you pay for a service, you don't own the service itself—only its result (e.g., a haircut, a painted wall) or the right to its provision (e.g., legal advice, hotel accommodations, telecommunications)
• Services require skills, expertise, or resources you're accessing rather than purchasing

Why Your Description of Goods and Services Matters

A common misconception is that registering a trademark automatically prevents anyone from using it for anything. The reality is more nuanced:

Your trademark protection is limited to:

1. The territory where it's registered – Trademarks have territorial validity, learn more about registered trademarks and their territorial limitations
2. The specific goods or services listed in your application – This is what we're focusing on today

What Happens If You Get Your Description Wrong?

An incorrectly filed trademark can be:

• Useless to you – If your description doesn't cover what you actually sell
• Vulnerable to competitors – Who can register the same mark for goods/services you failed to include
• Grounds for rejection – If your description is too vague, too broad, or doesn't comply with local office requirements

How to Create an Accurate Description

Step 1: Know what you sell and what you plan to sell

You are the expert on your business. Don't expect your trademark agent to reverse-engineer your product lineup from your website. While this might work for Ben & Jerry's (obviously ice cream), imagine trying to compile an exhaustive list of IBM's products just from browsing their site. You'd miss things, waste time, and potentially leave gaps in your protection.

Create your preliminary list:

• Current products and services
• Near-future offerings (within 1-2 years)
• Any planned expansions into related categories

Step 2: Map your offerings to Nice classes

Let's return to the Ben & Jerry's example. If you search "ice cream" in the Nice Classification database, you'll find:

Class 30 – Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.

Pretty straightforward, right? But what if your list includes diverse products, or your terminology doesn't match the official Nice vocabulary? This is where experienced trademark agents become invaluable—they know how to properly classify your offerings and ensure optimal protection.

Level of Detail Required Varies by Country

Even within the Nice Classification framework, different countries have different standards:

European Union: You might get away with "downloadable software" as your entire description.

United States: The USPTO requires you to specify what your software does—which can create extensive lists if you produce multiple software types.

China: Uses its own sub-classes within each Nice class, meaning trademarks can coexist within the same class if goods belong to different sub-classes.

Your description should be tailored to the specific trademark office's regulations. This is why working with local agents or attorneys is strongly advisable.

Can Identical Trademarks Coexist?

Short answer: Sometimes, yes, if they're used for completely unrelated products or services.

The legal principle: Trademark registration grants protection only for the goods or services listed in your application. Two similar or even identical marks can peacefully coexist in the same territory if they represent very different offerings that wouldn't confuse consumers.

Real-World Example: Mont Blanc in France

In France, multiple "Mont Blanc" trademarks coexist:

• Mont Blanc (Class 16) – Luxury fountain pens and writing instruments
• Mont Blanc (Class 30) – Desserts sold in supermarkets

Why does this work? No consumer would assume that a €3 supermarket dessert comes from the same company that produces €500 fountain pens sold in exclusive boutiques. The products are too different, the market channels are completely separate, and there's zero risk of confusion.

But It's Not Always That Simple...

Just because goods are in different classes doesn't automatically mean they can coexist. Some products across classes are intrinsically related:

Example: Beer vs. Tequila

• Beer belongs to Class 32
• Other alcoholic beverages belong to Class 33

If you saw "Corona" tequila on a shelf, you'd immediately think of the famous Mexican beer brand. Even though these are technically different classes, the products are related enough that trademark offices would likely reject the tequila application due to consumer confusion.

Example: Retail Store Names Imagine opening a pet store called "Tefal" (registered in Class 35 for retail services). If your store sells pet supplies—no problem. But if you're selling household appliances and cookware, consumers would naturally assume your store is affiliated with the Tefal brand that makes their kitchen products (registered in Class 11). Your trademark application would likely fail due to the association consumers would draw.

The Related Goods and Services Analysis

Trademark examiners assess whether marks might confuse consumers about the trade source, considering:

• Are the goods/services offered through similar distribution channels?
• Would consumers reasonably believe both marks come from the same company?
• Is there a logical connection between the product categories?

Important: Policies on coexistence vary by country:

• Switzerland: Previous registrations for identical products aren't automatic grounds for rejection—it's the previous owner's responsibility to oppose new applications
• USA and UK: Examiners heavily weigh the relationship between goods/services, often more than the class designation itself

Even if you don't plan to register in all related classes, conducting searches in adjacent or related classes is wise—existing marks there could still block your application.

Well-Known Trademarks Get Broader Protection

Famous marks often receive protection that transcends class boundaries. Although Coca-Cola doesn't have trademarks registered for women's makeup, any third-party attempt to file "Coca-Cola" for cosmetics would almost certainly be refused. Well-known marks benefit from enhanced protection against dilution and unauthorized association.

Choosing Your Classes Strategically

When filing your trademark application, ask yourself:

1. What do I sell or provide right now?
2. What will I promote with this trademark?
3. What are my expansion plans for the next 2-3 years?

Your answers determine which classes you need. Getting this right from the start is crucial because:

• Under-protection leaves gaps for competitors to exploit
• Over-protection wastes money on unnecessary classes
• Incorrect descriptions can lead to office actions, rejections, or useless registrations

Can You Register for Products You Don't Currently Offer?

In most jurisdictions, yes: you can include planned future offerings to protect your expansion strategy. However, be aware that if you never actually use the mark for certain registered goods/services, third parties may challenge those unused portions after a few years (timeframes vary by country).

Some countries require periodic proof of use or declarations to maintain validity, including the United States, Philippines, India, Puerto Rico, Haiti, and Mozambique.

Getting Expert Help

The complexity of class selection, description drafting, and country-specific requirements makes professional guidance valuable. Our trademark consultants and local attorneys can:

• Help you define the most appropriate descriptions for your offerings
• Reduce the probability of objections due to inadequate descriptions
• Navigate country-specific rules and formatting requirements
• Identify related classes where existing marks might conflict with your application

Need help selecting the right classes for your trademark? Get expert guidance with our International Trademark Registration Services for coordinated, multi-country filing support.