Quick Summary
The Nice Classification divides goods and services into 45 trademark classes. Businesses must select the appropriate classes based on their actual operations, revenue models, and future expansion plans to establish effective brand protection.
Key takeaways:
Classes 1–34 cover goods, while Classes 35–45 cover services. Different business models may require protection across multiple classes.
Goods and services must be classified separately. For example, a clothing brand may need Class 25 for apparel and Class 35 for retail or e-commerce services.
Missing or incorrect classes can create protection gaps, allowing competitors to potentially register identical or similar trademarks in other relevant classes.
New classes generally cannot be added after filing. Businesses expanding into new areas typically need to submit additional trademark applications.
Startups can adopt a "core-first, expand-later" strategy, prioritizing their main products, services, and markets before extending protection as the business grows.
Trademark searches and classification analysis before filing can help reduce conflicts with existing trademarks, classification errors, and the risk of application refusal.
When registering a trademark, businesses must accurately classify their activities under the internationally recognized Nice Classification system. Selecting the appropriate goods and services establishes the scope of trademark protection and exclusive legal rights.
What Is the Nice Classification, and Why Is It the International Standard for Intellectual Property Protection?
The Nice Classification organizes goods and services into 45 trademark classes, providing trademark authorities and businesses worldwide with a standardized framework for examining applications and defining trademark rights.
The Origins and International Legal Significance of the Nice Classification
Established under the Nice Agreement in 1957, the system is regularly updated by the World Intellectual Property Organization (WIPO). Whether applying in Hong Kong, Mainland China, the United States, or the European Union, applicants must identify their goods or services within this internationally recognized framework.
Understanding the Difference Between Goods (Classes 1–34) and Services (Classes 35–45)
The Nice Classification separates goods from services.Understanding this distinction helps businesses select appropriate trademark classes.
Classes 1–34 cover goods, including clothing, packaged food, and electronic devices.
Classes 35–45 cover services, including online retail, restaurant operations, and interior design.
Complete Guide to Nice Classification Classes 1–45
The following tables summarize all 45 trademark classes with practical startup examples, helping businesses identify relevant classes for current operations and future expansion.
Goods Classification (Classes 1–34)
Class | Main Scope of Protection | Common Startup Examples |
|---|---|---|
Class 1 | Industrial and scientific chemicals | Biotechnology culture media, industrial adhesives |
Class 2 | Paints, dyes, anti-corrosion preparations | 3D printing inks, eco-friendly coatings |
Class 3 | Cosmetics, cleaning products, fragrances | Facial cleansers, handmade soaps, essential oils |
Class 4 | Industrial oils, fuels, candles | Scented candles, vehicle lubricants |
Class 5 | Pharmaceuticals, medical nutrition, infant food | Dietary supplements, medical dressings |
Class 6 | Metal building materials and hardware | Metal locks, smart safe casings |
Class 7 | Machinery, motors, automated equipment | Vending machines, robotic arms |
Class 8 | Hand tools and cutlery | Reusable cutlery, hairdressing scissors |
Class 9 | Software, mobile apps, electronic devices | Downloadable apps, smartwatches, headphones |
Class 10 | Medical instruments and rehabilitation equipment | Medical lasers, blood pressure monitors |
Class 11 | Lighting, heating, cooling, air purification | Air purifiers, LED lights, smart water heaters |
Class 12 | Vehicles and transportation equipment | Electric scooters, drones, automotive parts |
Class 13 | Firearms, ammunition, fireworks | Festival fireworks, self-defense sprays |
Class 14 | Precious metals, jewellery, watches | Designer jewellery, smartwatch casings |
Class 15 | Musical instruments and accessories | Electronic keyboards, guitars |
Class 16 | Paper, printed materials, stationery | Notebooks, paper packaging, printed books |
Class 17 | Rubber, plastics, insulating materials | 3D printing filaments, sealing strips |
Class 18 | Leather goods, luggage, animal accessories | Handbags, suitcases, pet harnesses |
Class 19 | Non-metallic building materials | Wooden flooring, building glass |
Class 20 | Furniture, mattresses, non-metallic containers | Modular furniture, ergonomic chairs |
Class 21 | Household utensils, glassware, ceramics | Insulated bottles, ceramic tableware |
Class 22 | Ropes, nets, tents, stuffing materials | Camping tents, cargo ropes |
Class 23 | Textile yarns and threads | Knitting yarn, sewing threads |
Class 24 | Textiles, bed linen, curtains, fabrics | Cotton fabrics, bed sheets, towels |
Class 25 | Clothing, footwear, headwear | Fashion apparel, sneakers, baseball caps |
Class 26 | Lace, buttons, hair accessories | Clothing buttons, hair clips, zippers |
Class 27 | Carpets, mats, wallpaper | Yoga mats, carpets, wallpaper |
Class 28 | Toys, games, sporting equipment | Educational toys, dumbbells, board games |
Class 29 | Meat, seafood, processed vegetables, dairy | Frozen meals, plant-based milk, yogurt |
Class 30 | Coffee, tea, pastries, seasonings | Coffee beans, tea leaves, soy sauce |
Class 31 | Fresh produce, live plants, animal food | Pet food, organic vegetables, flowers |
Class 32 | Beer, non-alcoholic beverages, mineral water | Sparkling water, craft beer, fruit juice |
Class 33 | Alcoholic beverages except beer | Whisky, wine, alcoholic sparkling drinks |
Class 34 | Tobacco, electronic cigarettes, smokers' articles | Electronic cigarettes, tobacco products |
Services Classification (Classes 35–45)
Class | Main Scope of Protection | Common Startup Examples |
|---|---|---|
Class 35 | Advertising, marketing, business management, retail | Online stores, marketing agencies, franchise management |
Class 36 | Finance, insurance, real estate | Digital wallets, crowdfunding, real estate agencies |
Class 37 | Construction, installation, maintenance, repair | Appliance repair, interior renovation |
Class 38 | Telecommunications and communication services | Messaging platforms, streaming transmission |
Class 39 | Transportation, logistics, travel arrangements | Delivery platforms, bicycle rental, warehousing |
Class 40 | Material treatment, manufacturing, printing | 3D printing services, garment processing |
Class 41 | Education, training, entertainment, sports | Online courses, fitness training, escape rooms |
Class 42 | SaaS, software development, research, design | Cloud software, UI design, biomedical research |
Class 43 | Food, beverage, accommodation services | Restaurants, cafés, hostels |
Class 44 | Medical, beauty, agricultural services | Medical clinics, hair salons, pet grooming |
Class 45 | Legal, security, social networking services | Legal consultancy, dating services, wedding planning |
How Should Businesses Distinguish Between Products and Services?
The key distinction is whether a business earns revenue primarily through selling products or providing services.
Manufacturing vs. Retail Services: Clothing Brands and Fashion E-Commerce (Class 25 vs. Class 35)
Many fashion businesses assume Class 25 is sufficient because they sell clothing. However, companies operating online clothing stores, multi-brand platforms, or retail channels for third-party products may also require Class 35 protection. Class 25 covers clothing, footwear, and headwear, while Class 35 includes retail, marketing, and business management services. A clothing manufacturer may prioritize Class 25, while a platform selling multiple brands should also consider Class 35. Without appropriate retail protection, businesses may face disputes involving similar names used by competing online retailers.
Packaged Food vs. Restaurant Services: Frozen Meals and Restaurants (Classes 29/30 vs. Class 43)
Food businesses increasingly combine restaurant operations with packaged product sales. Restaurants, cafés, and takeaway establishments generally fall under Class 43. However, packaged products sold through supermarkets or online channels may require additional classes:
Class 29: Frozen prepared meals, processed meat, and other processed foods.
Class 30: Coffee beans, pastries, sauces, and certain packaged foods.
What Are the Legal and Commercial Risks of Missing or Incorrect Trademark Classes?
Missing relevant classes can create protection gaps and expose businesses to trademark disputes.
Trademark Protection Risk Statistics
WIPO: Statistics attributed to WIPO suggest that over 23% of startups receive Office Actions due to inaccurate goods or services descriptions, potentially causing additional costs and delays exceeding six months.
CNIPA: Figures attributed to China's trademark authority suggest approximately 35% of opposition and invalidation cases involve cross-class registration disputes, highlighting potential protection gaps.
EUIPO: Survey findings attributed to EUIPO suggest approximately 42% of surveyed startups experienced trademark-related difficulties when expanding into new business sectors.
Protection Gaps: Similar Trademarks Registered in Related Classes
Registering in only one class may leave important business areas unprotected. For example, a bubble tea chain may register under Class 43 but overlook Class 32 for bottled beverages. Another business might then attempt to register a similar trademark for bottled drinks Although authorities consider similarities across classes, incomplete protection may increase disputes and consumer confusion.
Business Expansion Risks: Franchising and E-Commerce
Business models often evolve. A restaurant expanding into franchising may begin offering management and consultancy services under Class 35. Without suitable trademark coverage, existing registrations could create legal conflicts, additional costs, or restrictions on expansion.
How Can Businesses Build Multi-Class and International Trademark Protection on a Limited Budget?
Startups should adopt a "core-first, expand-later" strategy, prioritizing essential products, services, and markets before extending protection.
Strategic Registration: Hong Kong, Mainland China, and Other Markets
Businesses should prioritize registration in their home market and initial expansion destinations. Under Regitup's Self-Service Trademark Registration plan:
Hong Kong
First class: HK$2,500
Each additional class: HK$1,500
Mainland China
One class covering up to 10 goods or service items: HK$1,800
This approach helps startups manage costs while protecting essential business activities. Additional registrations can follow as operations expand.
How Can Businesses Improve Their Chances of Trademark Approval Before Filing?
Successful registration requires more than choosing the correct class. Businesses should conduct trademark searches and assess potential conflicts before filing. Pre-filing analysis should consider trademark similarities, relevant goods and services, and local examination requirements.
Beyond Basic Searches: Why Professional Analysis Matters
Some online trademark tools focus primarily on identical or closely matching words. However, trademark authorities also assess:
Pronunciation similarities
Visual appearance
Meaning and overall impression
Related goods and services
Existing rights across relevant classes
Regitup's Professional Trademark Registration service provides trademark searches, classification analysis, and customized goods and services descriptions. Our team helps identify potential conflicts, select suitable specifications, and improve application quality. This can reduce avoidable errors and the risk of costly objections or refusal proceedings.
Frequently Asked Questions (FAQ)
Q1: Can I add Class 35 to an existing Class 25 trademark registration when expanding into online retail?
No. Once filed, a trademark application generally cannot be expanded by adding new classes. Businesses entering Class 35 retail services typically need a new application. The same generally applies when adding goods or services beyond the original application scope.
Q2: Should I select every item within a class for maximum protection?
Not necessarily. Selecting unnecessary items may increase costs and conflicts with existing trademarks. In Mainland China, additional official fees may apply when applications exceed 10 goods or service items within one class. Businesses should prioritize current activities and realistic expansion plans.
Q3: Which classes apply to a smart kitchen appliance with a recipe-learning app?
This business may require multiple classes. The physical appliance may fall under Class 11, particularly if it includes cooking or heating functions. A downloadable mobile application generally falls under Class 9. Additional classes may apply depending on the product's functions and related services.