The Nice Classification is an international system for categorising goods and services for the purposes of trademark registration. It was established by the Nice Agreement in 1957 and is administered by the World Intellectual Property Organization (WIPO). The system is used by trademark offices worldwide, including the EUIPO, the BOIP, and national offices in virtually every country where trademarks can be registered.
The classification divides all goods and services into 45 classes: Classes 1 through 34 cover goods, and Classes 35 through 45 cover services. Each class groups together goods or services of a similar nature. For example, Class 25 covers clothing, footwear, and headwear. Class 9 covers scientific and technological apparatus, including computers and software. Class 35 covers advertising and business management services. Class 42 covers scientific and technological services, including software development.
The classification is revised periodically — currently on an annual cycle — to reflect new goods and services categories that emerge as industries evolve. The current edition (the 12th edition, with annual updates) includes terms that did not exist when the original classification was drafted, such as downloadable software applications, cloud computing services, and cryptocurrency-related services.
Classification is not just an administrative step in the filing process. It defines the scope of your trademark protection. Your registration only protects you against confusingly similar marks used for the goods and services covered by your registration — or for goods and services that are similar to those covered by your registration. If your classification is too narrow, you leave gaps that competitors can exploit. If it is too broad, you may face cancellation for non-use on goods and services you do not actually provide.
Classification also determines the cost of your application. At the EUIPO, the base filing fee covers one class. Each additional class incurs an additional fee. At the BOIP and many national offices, the same fee structure applies. A business that needs to cover goods in three different classes pays more than one that operates in a single class. The classification decision is therefore both a legal strategy question and a budget question.
Understanding the broad scope of each class helps you identify where your goods and services fit. Here is a summary of what each class covers.
Goods classes. Class 1: chemicals for industrial and scientific use. Class 2: paints, varnishes, lacquers. Class 3: cosmetics, cleaning preparations. Class 4: industrial oils, fuels, candles. Class 5: pharmaceuticals, medical preparations. Class 6: common metals and goods made of common metals. Class 7: machines and machine tools. Class 8: hand tools and implements. Class 9: scientific, photographic, and optical apparatus; computers; software; electronic publications. Class 10: surgical and medical apparatus. Class 11: lighting, heating, cooking apparatus. Class 12: vehicles. Class 13: firearms, ammunition, fireworks. Class 14: precious metals, jewellery, watches. Class 15: musical instruments. Class 16: paper goods, printed matter, stationery. Class 17: rubber, plastics, insulation materials. Class 18: leather goods, bags, umbrellas. Class 19: non-metallic building materials. Class 20: furniture, mirrors, picture frames. Class 21: household utensils, cookware, glassware. Class 22: ropes, tents, raw textile fibres. Class 23: yarns and threads. Class 24: textiles, bed covers, table covers. Class 25: clothing, footwear, headwear. Class 26: lace, embroidery, buttons, pins. Class 27: carpets, rugs, wall hangings. Class 28: games, toys, sporting goods. Class 29: meat, fish, dairy, preserved foods. Class 30: coffee, tea, rice, bread, confectionery. Class 31: agricultural products, live animals, fresh fruits and vegetables. Class 32: beers, non-alcoholic beverages. Class 33: alcoholic beverages (except beers). Class 34: tobacco, smokers’ articles.
Services classes. Class 35: advertising, business management, retail services. Class 36: insurance, financial affairs, real estate. Class 37: building construction, repair, installation. Class 38: telecommunications. Class 39: transport, packaging, storage. Class 40: treatment of materials, printing. Class 41: education, entertainment, sport. Class 42: scientific and technological services, software development, IT consulting. Class 43: food and drink services, accommodation. Class 44: medical, veterinary, and beauty services. Class 45: legal services, security services, personal services.
Each class has a class heading — a short description of the general scope of the class. For example, the class heading for Class 9 includes “scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments.”
It is tempting to simply file using the class heading to get the broadest possible coverage. However, class headings are not recommended as a filing strategy for several reasons. Some class headings use general terms that may be considered too vague by the examiner. Filing with class headings that cover goods or services you do not provide creates vulnerability to cancellation for non-use. And in some jurisdictions, using the class heading does not automatically cover all goods within the class — the scope depends on the natural meaning of the terms used.
The better approach is to select individual terms that specifically describe your actual goods and services. Most trademark offices maintain databases of acceptable terms. The EUIPO’s TMclass database is particularly comprehensive and forms the basis of the harmonised database used across the EU Trademark Network.
Several common business activities create classification challenges because they span multiple classes or do not fit neatly into any single class.
Software. Software is classified based on its function, not the fact that it is software. Downloadable software falls in Class 9. Software as a service (SaaS) — where the software runs on the provider’s servers and is accessed remotely — is classified in Class 42. A business that provides both downloadable and cloud-based software needs to file in both classes.
Retail services. Retail services (the service of bringing goods together for the convenience of customers) are classified in Class 35. But the goods themselves are classified in their respective goods classes. A clothing retailer needs Class 35 for the retail service and may also want Class 25 for any own-brand clothing.
E-commerce and platforms. Online marketplace operators, app stores, and platform businesses often need a combination of Class 35 (retail and advertising services), Class 38 (telecommunications — for providing online platforms), Class 42 (software services), and possibly other classes depending on the specific services offered.
Food and beverages. The classification distinguishes carefully between foods (Classes 29-31), beverages (Classes 32-33), restaurant services (Class 43), and retail services for food (Class 35). A food brand that also operates restaurants and sells through retail channels may need to file across four or more classes.
Financial services and fintech. Financial services fall in Class 36, but the technology underpinning them may require Class 9 (software) and Class 42 (SaaS). Cryptocurrency-related goods and services have their own specific terms in the classification that have been added in recent editions.
Over-classification means filing in more classes or for broader terms than your business actually needs. The immediate cost is higher filing fees. The longer-term risk is cancellation for non-use: in the EU, a trademark that has not been genuinely used for five consecutive years for the registered goods or services can be cancelled by a third party. If you registered in six classes but only use the mark in two, the unused classes are vulnerable.
Under-classification means filing too narrowly, leaving gaps in protection that allow competitors to register and use similar marks for goods or services you actually provide but did not include in your specification. Expanding a trademark registration after filing is not possible — you must file a new application for the additional goods or services.
The goal is precision: covering everything you do and intend to do, without covering what you do not.
A common misconception is that goods in the same Nice class are automatically similar, and goods in different classes are automatically dissimilar. This is wrong. The Nice Classification is an administrative tool for organising trademark registrations. It is not a legal test for determining whether goods or services are similar for the purposes of assessing likelihood of confusion.
Goods in the same class can be completely unrelated — Class 9 contains both fire extinguishers and downloadable music files. Goods in different classes can be highly similar — clothing (Class 25) and fashion accessories (Class 18) are in different classes but are routinely found to be similar because they share distribution channels and are often produced by the same businesses.
When assessing conflicts between marks, the substantive similarity of the goods matters more than whether they share a Nice class number.
Start with what you actually sell. List your products and services in plain language before trying to fit them into Nice classes. This ensures your specification reflects your business rather than being shaped by the classification structure.
Use TMclass. The EUIPO’s TMclass database lets you search for pre-approved terms and see which class they belong to. Using terms from TMclass also helps you qualify for fast-track examination.
Think about adjacencies. If your business naturally expands into related goods or services — a software company that adds consulting, a food brand that opens restaurants — consider whether to include those classes now or file separately later.
Get the specification right at filing. You cannot add goods or services to an existing application after filing. You can narrow the specification, but you cannot broaden it. Investing time in getting the classification right at the outset avoids the need for costly supplementary filings later.
If you need help classifying your goods and services for a trademark application, get in touch or schedule a meeting with our team.
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