Nice Classification: how to choose the right classes for your trademark registration

The Nice Classification is the international system that organizes all products and services into 45 classes: classes 1 to 34 cover goods, while classes 35 to 45 cover services. When you register a trademark, you do not register it “in general”; instead, you register it for specific classes, and that detail determines the actual scope of your protection.

Choosing the wrong classes—whether by omission or by overreaching—is one of the most common (and most expensive to correct later) mistakes in the trademark registration process.

Why trademark registration works by classes

A trademark does not protect a name in the abstract. It protects a name as applied to specific goods or services. This has an important consequence: in certain circumstances, two different companies may own identical or very similar trademarks if they operate in completely different and unrelated classes, because there is no real likelihood of consumer confusion.

That is why choosing the right classes is not a minor administrative formality. It is the decision that defines what you can prevent third parties from doing with a sign similar to yours, and also what you will not be able to prevent if your protection is too narrow.

How the Nice Classification is organized

The classification groups goods and services into 45 general categories. Some common examples include:

• Class 9: software, applications, and electronic devices.
• Class 25: clothing, footwear, and headwear.
• Class 35: advertising, business management, retail services, and online sales services.
• Class 41: education, training, cultural activities, and sporting activities.
• Class 42: scientific and technological services, software design, and software development.
• Class 43: food and drink services and temporary accommodation.

Within each class, there is also a detailed list of specific goods or services, and trademark offices require them to be described with sufficient clarity. Simply stating “Class 35 services” without further detail may lead to formal objections during examination.

How to choose the right classes for your trademark

The goal is not to cover as many classes as possible, but to choose them accurately:

• Start with your current business activity. What do you sell today? Goods, services, or both? Begin there.
• Consider your realistic short- and medium-term growth plans. If you currently sell clothing but plan to launch an accessories line or open a physical store offering image consulting services within the next few years, it may make sense to cover those classes now.
• Do not register classes “just in case” without a genuine business purpose. Registering classes you do not intend to use not only increases filing costs but may also weaken your trademark if it becomes vulnerable to cancellation for non-use after a certain period.
• Review the relationship between your brand name and your industry. The same name may require different classes depending on whether it relates to a physical product, a digital service, a franchise model, or another business format.
• Consider how your brand competes in the real marketplace, not just on paper. Two businesses may belong to different classes yet still compete for the same customers, which can become relevant in future disputes.

Common mistakes when choosing classes

• Registering too few classes, leaving out activities the company already carries out or is about to launch. This may require a second application later, with a new filing date, additional costs, and the risk that a third party files first.
• Registering too many classes without a genuine need, unnecessarily increasing costs and potentially exposing the trademark to partial cancellation actions for non-use.
• Choosing the wrong class due to a misunderstanding of how a product or service is classified. Some situations are not obvious; for example, a physical product and a related service may fall into different classes.
• Failing to update the class strategy when the business model changes, such as moving from products to services, from B2C to B2B, or from physical to digital offerings.

Practical examples by industry

• A clothing brand that also sells online and operates a physical store will likely need, at a minimum, the clothing class (25) and, depending on the circumstances, retail services (35).
• An app or software business will generally need the software class (9) and, if it provides cloud-based or development services, technological services (42) as well.
• A restaurant that also sells packaged food products may need protection both for restaurant services (43) and for the specific food products it sells, depending on the type of goods involved.
• A consultancy or agency will typically require business services classes (35) and, depending on its specialization, education and training services (41) or technological services (42).

These examples are only indicative. The correct classification depends on how the specific activity is described and on the way trademark offices interpret each situation. For that reason, it is advisable to review class selection carefully before filing.

How does this relate to a trademark clearance search?

Choosing classes is not a standalone step. It goes hand in hand with conducting a trademark clearance search, because the likelihood of confusion with an earlier trademark is assessed not only by comparing the signs themselves but also by comparing the relevant classes. If you have not yet carried out that analysis, we recommend reading How to search for similar trademarks before registering your own.

Once you have decided what to protect and in which classes, the next logical step is determining the territorial scope of protection. You may also find useful: National, European, or international trademark: which one does your business need?

How we handle it at PADIMA

At PADIMA, we define the list of goods and services as an integral part of the trademark application process, with a dual objective: to cover what you do today and what you are likely to do tomorrow, without leaving gaps that competitors can exploit and without taking on unnecessary costs or risks through overprotection. Explore our Trademark registration and protection services and choose the right classes from the very beginning.

Frequently asked questions

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