When you register a trademark, the scope of protection of your trademark registration depends on the goods and services chosen, the so-called “Nice classes”. These classes do not only determine the price of your trademark registration but also constitute an essential part of the registration process.
What are Nice classes?
What are Nice classes?
Nice classes constitute an international system for classifying goods and services for trademark application. This system was established in the Nice Agreement (the French city).
This system is used worldwide to organize trademarks based on the specific goods and services for which they are used. It simplifies the identification and classification of trademarks, making it easier for trademark holders to obtain the appropriate protection.
The Nice classes consist of a list of 45 classes, of which 34 classes are for goods and 11 classes are for services. This list includes comprehensive categories under which your goods or services must fall.
How to classify?
If a good cannot be directly classified into a pre-defined class heading, it may be classified by analogy with other similar end products listed. If no comparable products are found, other criteria, such as the material from which the product is made or how it works, may be applied. Services are classified based on the activity domains in the Nice classes or by analogy with other similar services listed alphabetically.
The cost of your trademark registration depends on the number of Nice classes
The costs for registering a trademark vary depending on the number of classes in which your trademark is registered. In the Benelux, the costs are calculated per class, with a base price of €244. For the second additional class the fee is €27 and for each additional class after the third you pay €81. For a European trademark registration, there is a basic fee of €850 for the first class, followed by €50 for the second class. From three classes or more, the fee is €150 per class.
An example
Suppose you have a company specialized in professional window cleaning services. To protect your company name and apply for a trademark registration, you must choose the appropriate Nice class that best suits the nature of your services.
In this case, you would likely need to look at Class 37, which covers building services and installations. Although window cleaning is not specifically mentioned, it falls under the broader category of cleaning services often associated with the maintenance and repair of buildings. Within Class 37, you can then choose more specific terms such as the standardized term “window cleaning”.
You can include as many terms within the same class as you deem relevant, but it is essential to actually use your trademark for these terms. Proof of use for these terms may be requested during later opposition procedures.
Below is an overview of the different Nice class headings under which your goods and services must fall. These class headings describe in very broad terms the content of the class, but each class includes thousands of terms.
Class 1 Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Fire extinguishing and fire prevention compositions; Tempering and soldering preparations; Substances for tanning animal skins and hides; Adhesives for use in industry; Putties and other paste fillers; Compost, manures, fertilizers; Biological preparations for use in industry and science
Class 2 Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants, dyes; Inks for printing, marking and engraving; Raw natural resins; Metals in foil and powder form for use in painting, decorating, printing and art
Class 3 Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations
Class 4 Industrial oils and greases, wax; Lubricants; Dust absorbing, wetting and binding compositions; Fuels and illuminants; Candles and wicks for lighting
Class 5 Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides
Class 6 Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes
Class 7 Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines
Class 8 Hand tools and implements, hand-operated; Cutlery; Side arms, except firearms; Razors
Class 9 Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments; Artificial limbs, eyes and teeth; Orthopaedic articles; Suture materials; Therapeutic and assistive devices adapted for persons with disabilities; Massage apparatus; Apparatus, devices and articles for nursing infants; Sexual activity apparatus, devices and articles
Class 11 Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes
Class 12 Vehicles; Apparatus for locomotion by land, air or water
Class 13 Firearms; Ammunition and projectiles; Explosives; Fireworks
Class 14 Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments
Class 15 Musical instruments; Music stands and stands for musical instruments; Conductors’ batons
Class 16 Paper and cardboard; Printed matter; Bookbinding material; Photographs; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Paintbrushes; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printers’ type, printing blocks
Class 17 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; Plastics and resins in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, tubes and hoses, not of metal
Class 18 Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery; Collars, leashes and clothing for animals
Class 19 Materials, not of metal, for building and construction; Rigid pipes, not of metal, for building; Asphalt, pitch, tar and bitumen; Transportable buildings, not of metal; Monuments, not of metal
Class 20 Furniture, mirrors, picture frames; Containers, not of metal, for storage or transport; Unworked or semi-worked bone, horn, whalebone or mother-of-pearl; Shells; Meerschaum; Yellow amber
Class 21 Household or kitchen utensils and containers; Cookware and tableware, except forks, knives and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Unworked or semi-worked glass, except building glass; Glassware, porcelain and earthenware
Class 22 Ropes and string; Nets; Tents and tarpaulins; Awnings of textile or synthetic materials; Sails; Sacks for the transport and storage of materials in bulk; Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; Raw fibrous textile materials and substitutes therefor
Class 23 Yarns and threads for textile use
Class 24 Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic
Class 25 Clothing, footwear, headwear
Class 26 Lace, braid and embroidery, and haberdashery ribbons and bows; Buttons, hooks and eyes, pins and needles; Artificial flowers; Hair decorations; False hair
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile
Class 28 Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees
Class 29 Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk, cheese, butter, yogurt and other milk products; Oils and fats for food
Class 30 Coffee, tea, cocoa and substitutes therefor; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces and other condiments; Ice [frozen water]
Class 31 Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt
Class 32 Beers; Non-alcoholic beverages; Mineral and aerated waters; Fruit beverages and fruit juices; Syrups and other preparations for making non-alcoholic beverages
Class 33 Alcoholic beverages, except beers; Alcoholic preparations for making beverages
Class 34 Tobacco and tobacco substitutes; Cigarettes and cigars; Electronic cigarettes and oral vaporizers for smokers; Smokers’ articles; Matches
Class 35 Advertising; Business management, organization and administration; Office functions
Class 36 Financial, monetary and banking services; Insurance services; Real estate affairs; Real estate services
Class 37 Construction services; Installation and repair services; Mining extraction, oil and gas drilling
Class 38 Telecommunications services
Class 39 Transport; Packaging and storage of goods; Travel arrangement
Class 40 Treatment of materials; Recycling of waste and trash; Air purification and treatment of water; Printing services; Food and drink preservation
Class 41 Education; Providing of training; Entertainment; Sporting and cultural activities
Class 42 Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software
Class 43 Services for providing food and drink; Temporary accommodation
Class 44 Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, aquaculture, horticulture and forestry services
Class 45 Legal services; Security services for the physical protection of tangible property and individuals; Personal and social services rendered by others to meet the needs of individuals; Dating services, online social networking services; Funerary services; Babysitting
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