The Nice Classification, officially called the International Classification of Goods and Services for the Purposes of the Registration of Marks, is a standardized system that divides products and services into categories known as classes. It was created to facilitate and organize the trademark registration process by enabling precise determination of the scope of protection granted to a trademark.
This system includes 45 classes: 34 for goods and 11 for services. When registering a trademark, it is necessary to specify which classes the goods or services covered by the mark belong to. This, in turn, defines the extent of legal protection offered for the trademark registration.
The term “Nice Classification” derives from the city of Nice, France, where on June 15, 1957, the International Conference adopted the Nice Agreement – the treaty establishing this classification system. Poland has been a signatory to this Agreement since 1997 and applies the classification within its industrial property legal framework.
Correct classification of goods and services is crucial when registering a brand or logo because it determines the scope of protection after registration. Examples of proper classification include:
Every good or service must be assigned to the appropriate class within the Nice Classification, taking into account the nature and purpose of the product or service. Selecting the right classes and descriptions based on the Nice Classification affects both the scope of protection and the official fees for trademark registration.
A searchable Nice Classification term database is available here. This database is not a closed catalog of terms.
Trademark protection is not limited solely to the class number but relates to specific goods and services and their actual meaning and use. It is important to emphasize that conflicts between trademarks can occur even if the goods or services belong to different Nice classes.
Protection is based on the risk of consumer confusion regarding the origin of goods or services. Even if goods or services are classified in different Nice classes, if they are related or complementary (e.g., retail clothing services in Class 35 and clothing itself in Class 25), a trademark conflict may arise. The risk of confusion is assessed from the perspective of the consumer based on the nature, purpose, manner of use, and distribution channels of the goods or services.
For example, cosmetics (Class 3) may be considered similar to cosmetic services (Class 44), which — if the designations are identical — can lead to trademark conflicts despite being in different classes.
If you see a beauty salon named “L’Occitane”, you will likely assume it is connected to the owner of the “L’Occitane” cosmetics brand.
Interestingly, there is no conflict between identical marks registered in the same class when they relate to different goods or services. Examples include:
Proper classification is crucial in trademark registration because it defines the scope of protection granted by the mark. Listing all goods and services the mark will cover allows for a precise definition of protection and shields the brand from competition in selected sectors.
Additionally, the number of classes chosen impacts the official fees for trademark registration.
Note: After submitting a trademark application to an Intellectual Property Office, nothing can be added!
Therefore, an exhaustive and accurate classification of goods and services before filing is necessary to avoid the risk that the protection will be too narrow, allowing others to legally use identical or confusingly similar marks for goods or services not included in the application.
Conversely, overly broad or incorrect classification can result in application refusal or extra costs.
Before filing a trademark application, it is advisable to thoroughly analyze the goods and services connected to the business to maximize legal protection and avoid later legal complications or the need for additional filings — which are more costly than filing a comprehensive application initially.
Incorrect selection of classes or goods/services can cause legal troubles, unnecessary expenses, or even loss of protection if the mark is not used as filed.
A trademark attorney can help prepare an accurate and compliant list of goods and services according to the Nice Classification. This ensures that trademark and logo registration proceeds efficiently and effectively.
The first edition of the Nice Classification was published in 1963 and originally included fewer classes. It was only with the eighth edition, which came into effect on January 1, 2002, that 45 classes were introduced (34 goods classes and 11 service classes).
Before 2002, the classification contained a total of 42 classes. The expansion to 45 classes in the eighth edition allowed better adaptation to modern market needs and the diversity of goods and services.
When registering a brand, it is always worth consulting an IP attorney to avoid classification errors and conflicts that undermine trademark protection effectiveness.
Contact our IP law firm in Poznań for professional support and consultation on trademark registration.
PATENTBOX Kancelaria Patentowa offers comprehensive assistance in trademark registration, ensuring optimal classification of goods and services — the foundation for effective trademark protection in Poland and across Europe.
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