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How To Choose A Trademark Class

How to choose a trademark class?

Olena Shmanko

Olena Shmanko

12 June 20245 min read

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How to choose a trademark class?

Understanding Trademark Classes

A Comprehensive Guide

Trademarks are a critical component in protecting your brand's unique identity and , ensuring that it remains exclusive to your business. One of the key elements of trademark registration is understanding trademark classes. This guide aims to explain what trademark classes are, why they are essential, and how to choose the appropriate class for your trademark. Additionally, graphical representations will be provided to enhance comprehension.

What Are Trademark Classes?

Trademark classes are categories used by trademark offices globally to classify various types of goods and services. These categories are part of the International Classification of Goods and Services, commonly referred to as the Nice Classification, which was established by the Nice Agreement in 1957.

The Purpose of Trademark Classes

The primary objective of trademark classes is to streamline the trademark registration process by organizing similar goods and services into specific categories. This system serves several critical functions:

  1. Simplifies the Application Process: Grouping goods and services into classes enables trademark offices to process applications more efficiently.
  2. Reduces Confusion: It helps avoid conflicts by clearly distinguishing between different types of products and services.
  3. Enhances Protection: Trademark owners can better protect their brands within the specific categories relevant to their business.

International Classification of Goods and Services for Trademark Registration - Nice Classification

The Nice Classification system divides goods and services into 45 classes:

  • Classes 1-34: Goods
  • Classes 35-45: Services

International Classification of Goods and Services for Trademark Registration - Nice Classification

Class 1:
Chemicals used in industry, science, photography, as well as in agriculture, horticulture, and forestry; unprocessed synthetic resins; unprocessed plastics; artificial fertilizers; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2:
Paints, varnishes, lacquers; preservatives against rust and wood deterioration; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers, and artists.

Class 3:
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery; essential oils; cosmetics; hair lotions; dentifrices.

Class 4:
Industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 5:
Pharmaceutical and veterinary products; sanitary preparations for medical purposes; dietetic substances adapted for medical use; food for babies; plasters, materials for dressings; dental filling materials, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6:
Common metals and their alloys; building materials of metal; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7:
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Class 8:
Hand tools and implements; cutlery; side arms; razors.

Class 9:
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving, and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating, or controlling electricity; apparatus for recording, transmission, or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, and computers; fire-extinguishing apparatus.

Class 10:
Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic articles; suture materials.

Class 11:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, 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; goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

Class 15:
Musical instruments.

Class 16:
Paper, cardboard, and goods made from these materials not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Class 17:
Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials not included in other classes; plastics in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, not of metal.

Class 18:
Leather and imitations of leather; goods made from these materials not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols, and walking sticks; whips, harness, and saddlery.

Class 19:
Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; non-metallic monuments.

Class 20:
Furniture, mirrors, picture frames; goods (not included in other classes) made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics.

Class 21:
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain, and earthenware not included in other classes.

Class 22:
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23:
Yarns and threads, for textile use.

Class 24:
Textiles and textile goods, not included in other classes; bed and table covers.

Class 25:
Clothing, footwear, headgear.

Class 26:
Lace and embroidery, ribbons, and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27:
Carpets, rugs, mats, and matting, linoleum, and other materials for covering existing floors; wall hangings (non-textile).

Class 28:
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29:
Meat, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk, and milk products; edible oils and fats.

Class 30:
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31:
Agricultural, horticultural, and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals; malt.

Class 32:
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33:
Alcoholic beverages (except beers).

Class 34:
Tobacco; smokers' articles; matches.

Class 35:
Advertising; business management; business administration; office functions.

Class 36:
Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37:
Building construction; repair; installation services.

Class 38:
Telecommunications.

Class 39:
Transport; packaging and storage of goods; travel arrangement.

Class 40:
Treatment of materials.

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 and research 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, horticulture, and forestry services.

Class 45:
Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals; legal services.

Why Are Trademark Classes Important?

Understanding and choosing the correct trademark class is vital for several reasons:

  1. Scope of Protection: Your trademark is only protected in the classes you register it in. For example, if you register your trademark in Class 25 for clothing, it won't automatically cover electronics in Class 9.
  2. Avoiding Conflicts: Correctly identifying the appropriate class helps avoid conflicts with existing trademarks. If another business has a similar trademark in a different class, you may still be able to register your mark.
  3. Market Clarity: Clear classification helps consumers and other businesses understand the scope of your trademark and the market segment your brand operates in.

How to Choose the Right Trademark Class

Selecting the right trademark class can be a complex process. Here are some steps to guide you:

  1. Identify Your Goods/Services: Clearly define what products or services your trademark will cover. There is the product or the services itself, but also you might be using your trademark for your website or your business cards. Remember the trademark will cover only the product or service itself, but no the way you use your trademark to market that product or service.
  2. Consult the Nice Classification: Review the Nice Classification to find the most relevant classes.
  3. Consider Future Expansion: Think about potential future products or services you might offer and consider registering in additional classes.

ATTENTION!

Funding for Trademark Registration

You can reduce registration fees by up to 75% with EU grants. This program is targeted at SMEs, with a maximum limit of EUR 1000. Last year, all of my applications were successfully granted. We are happy to assist you in obtaining this grant. Simply contact our team

Conclusion

Understanding trademark classes is crucial for protecting your brand's identity and ensuring its legal safeguarding. By accurately categorizing your goods and services within the Nice Classification system, you can streamline the registration process, avoid conflicts, and enhance your trademark's protection.

For any business, navigating trademark registration can be daunting. Seeking the help of a trademark professional can provide clarity and ensure that your brand is adequately protected across the appropriate classes.

If you have any questions or need further assistance, feel free to reach out our trademark attorneys.


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