The Nice Classification system stands as one of the most fundamental frameworks in international trademark law, yet many businesses and even some legal professionals struggle to navigate its complexities effectively. As trademark registration becomes increasingly global, understanding this system is not just helpful—it’s essential for protecting your brand across multiple jurisdictions.
What is the Nice Classification System?
The Nice Classification, formally known as the International Classification of Goods and Services for the Purposes of the Registration of Marks, was established by the Nice Agreement on June 15, 1957. This internationally recognized system provides a standardized method for classifying goods and services in trademark registrations worldwide.
The system organizes all trademarked goods and services into 45 distinct classes:
- Classes 1-34: Goods (products, materials, physical items)
- Classes 35-45: Services (business activities, professional services)
Currently, approximately 150 trademark offices worldwide apply the Nice Classification, including major jurisdictions like the United States, European Union, China, and India. This widespread adoption means that proper classification is crucial for businesses seeking international trademark protection.
The Structure and Recent Updates
Current Edition: NCL 12-2025
As of January 1, 2025, the Nice Classification Twelfth Edition, version 2025 (NCL 12-2025) became effective. This latest version reflects the evolving marketplace and includes important updates that businesses must consider:
Key Changes in 2025:
- Class 9: “Security tokens being encryption devices” has been replaced with “security token hardware for user authentication” to reflect contemporary usage
- Class 10: “Nursing pillows” has been moved to Class 20 (furniture and household items)
- Class 29: New additions include “cut fruits,” “cut vegetables,” and “tofu-based snack food”
- Class 40: “Services of a dental technician” has been refined to “custom manufacturing of orthodontic appliances”
These updates demonstrate the system’s responsiveness to technological advances and market evolution, particularly in digital security, healthcare customization, and food processing.
Strategic Class Selection: Beyond the Basics
Understanding the Scope of Protection
One of the most critical aspects of trademark law that businesses often misunderstand is that trademark protection is class-specific. Your trademark registration only protects your mark within the specific classes you’ve selected. This means:
- The same mark can coexist in different classes (e.g., “Dove” soap and “Dove” chocolate)
- Protection doesn’t automatically extend to related products or services
- Strategic class selection can make or break your trademark strategy
Best Practices for Class Selection
1. Conduct Thorough Business Analysis
Before selecting classes, analyze your current business operations and realistic expansion plans. Consider:
- What products or services do you currently offer?
- What are your concrete expansion plans for the next 3-5 years?
- Which markets are you entering or planning to enter?
2. Use Official Resources
Always consult official classification resources:
- WIPO Nice Classification database: The authoritative source for class definitions
- USPTO Trademark ID Manual: Pre-approved terms that expedite the application process
- EUIPO TMclass: Interactive search tool available in multiple languages
3. Consider Cross-Class Implications
Some products or services may span multiple classes. For example:
- Software applications might fall under Class 9 (computer software) and Class 42 (software development services)
- Restaurant businesses typically need Class 43 (restaurant services) and may need Class 30 (prepared foods) for takeaway items
Common Pitfalls and How to Avoid Them
Mistake #1: Over-Broad Classification
The Problem: Selecting too many classes or overly broad descriptions to “cover all bases”
The Risk: Increased costs, higher likelihood of opposition, potential revocation for non-use
The Solution: Be specific and realistic about your actual business activities
Mistake #2: Under-Protection
The Problem: Selecting too narrow a scope to save on fees
The Risk: Leaving gaps in protection that competitors can exploit
The Solution: Balance cost considerations with strategic protection needs
Mistake #3: Ignoring Jurisdictional Differences
The Problem: Assuming all countries interpret classes identically
The Risk: Unexpected rejections or limited protection in key markets
The Solution: Consult local trademark attorneys in major target jurisdictions
Mistake #4: Failing to Plan for Growth
The Problem: Not considering future business expansion
The Risk: Having to file costly additional applications later, or finding key classes occupied by competitors
The Solution: Include realistic expansion plans in your initial strategy
Practical Examples: Class Selection in Action
Example 1: Tech Startup
Business: Mobile app for food delivery
Primary Classes Needed:
- Class 9: Mobile application software
- Class 42: Software development and maintenance services
- Class 39: Delivery services (if operating own delivery fleet)
Example 2: Fashion Brand
Business: Designer clothing with plans for accessories and retail stores
Strategic Approach:
- Phase 1: Class 25 (clothing, footwear, headgear)
- Phase 2: Class 14 (jewelry, watches) for accessories expansion
- Phase 3: Class 35 (retail services) for flagship stores
Example 3: Professional Services Firm
Business: Law firm specializing in intellectual property
Classification Strategy:
- Class 45: Legal services (primary)
- Class 41: Educational services (if offering seminars/training)
- Class 42: IP portfolio management software (if developing proprietary tools)
The Cost-Benefit Analysis
Understanding Fee Structures
Most trademark offices charge per class, making strategic selection crucial:
- USPTO: $250-$350 per class (depending on application type)
- EUIPO: €850 for first class, €50 for second class, €150 for each additional class
- WIPO Madrid System: Varies by designated countries
Strategic Timing Considerations
You don’t need to file all classes simultaneously. Consider:
- Immediate protection: Core business activities
- Near-term expansion: File within 6-12 months
- Future growth: Monitor and file as expansion becomes concrete
Emerging Trends and Future Considerations
Digital Transformation Impact
The Nice Classification continues evolving to address digital business models:
- NFTs and Digital Assets: Currently classified under Class 9, but watch for refinements
- Metaverse Services: Spanning Classes 9, 35, 41, and 42
- AI and Machine Learning: Primarily Class 42, with hardware aspects in Class 9
Sustainability and Green Technology
Environmental consciousness is driving new classification needs:
- Green Technology: Often spans multiple classes (1, 7, 9, 40)
- Sustainable Products: Existing classes with enhanced descriptions
- Carbon Trading Services: Emerging area in Class 36
Professional Recommendations
For Businesses
- Start with professional guidance: The cost of proper initial classification far outweighs the expense of corrections later
- Think strategically, not just tactically: Consider your 5-year business plan, not just current operations
- Monitor competitors: Regular searches can reveal strategic opportunities and threats
- Plan for updates: The Nice Classification updates annually—stay informed
For Legal Professionals
- Stay current with updates: Subscribe to WIPO updates and jurisdiction-specific changes
- Develop expertise in key industries: Deep sector knowledge improves classification accuracy
- Use technology tools: Leverage AI-powered classification tools while maintaining professional judgment
- Build international networks: Collaborate with colleagues in key jurisdictions
Conclusion
The Nice Classification system, while complex, provides the essential framework for international trademark protection. Success requires more than just understanding the 45 classes—it demands strategic thinking, careful planning, and ongoing attention to updates and market changes.
As businesses become increasingly global and digital, the importance of proper classification will only grow. Those who master this system will find themselves better positioned to protect their brands, avoid costly mistakes, and capitalize on international opportunities.
Whether you’re a startup planning your first trademark application or an established business expanding globally, remember that classification is not just a bureaucratic requirement—it’s a strategic business decision that can significantly impact your brand’s future protection and growth potential.
