Nice Classification: how to choose the right classes

Choosing the right classes is a key step when filing a trademark. You can find all the steps in our complete guide: how to register a trademark.

To secure effective legal protection, you must designate the correct goods and services in which your trademark will be used.

This is where the Nice Classification comes into play, a central yet often misunderstood tool in trademark law.

In this article, we explain what the Nice Classification is, why it is crucial for your intellectual property and brand protection strategy, and how to avoid common mistakes.

Because selecting the right classes is a crucial step in the trademark filing process.

What is the Nice Classification?

Created in 1957, the Nice Classification (named after the French city where it was adopted) is an international system that organises goods and services into different classes. It is now used in more than 150 countries, making it a global benchmark in trademark matters.

It currently includes:

• 34 classes of goods (e.g., clothing, software, beverages)11 classes de services
• 11 classes of services (e.g., advertising, consulting, web design)

The system is regularly updated to reflect market developments. For example, since 2023, concepts such as NFTs and virtual products have been incorporated into certain classes.

Why is choosing the right classes essential?

Your trademark is only protected in the classes you designate when filing. This means that:

• Your exclusive rights are limited to the listed goods/services (except in the special case of well-known marks).
• If a third party uses an identical or similar mark in another class, you may not always be able to oppose it.
• Conversely, filing in too many classes can be counterproductive if the mark is not used in all targeted classes.

Important: In most countries (including Switzerland and the EU), if you do not use your trademark in a class within 5 years, you risk losing your rights in that class for non-use. It is therefore advisable to be accurate, without going unnecessarily broad.

Depending on the type of trademark, the relevant classes may vary.

Concrete examples of classes

Here are some of the most common examples:

A mistake or omission when selecting classes can have significant consequences, especially in case of a dispute or when demonstrating genuine use.

How to choose the right classes

Here are some practical tips:

1. List your current activities: What do you sell? What do you offer?
2. Anticipate future developments: Will you launch an app, a new product, a service offering?
3. Consult an expert: An intellectual property professional can guide you through a detailed analysis of the most relevant classes.

Good to know: Descriptions must be sufficiently clear to avoid objections. Vague or overly broad wording is often rejected by trademark offices.

What about international protection?

The Nice Classification is also used when protecting a trademark internationally.

Good news: the Nice Classification is harmonised worldwide, making it easier to file in multiple countries through centralised systems such as the Madrid System for international trademarks.

However, each country may interpret certain classes slightly differently, another good reason to seek expert guidance.

In summary

• The Nice Classification is an essential step when filing a trademark.
• It structures your legal protection and shapes your ability to enforce your rights.
• A poor selection may result in weak protection or loss of rights for non-use.
• A good selection is based on a thorough analysis of your activities… and expert advice.

The choice of name and the selection of classes should be considered together when you choose a brand name.

Need help filing your trademark?

At Tradamarca, we assist numerous Swiss and international businesses and entrepreneurs every year in defending and enhancing their trademark rights. Our legal expertise, combined with a strategic approach, allows you to secure your rights in the right classes, at the right time.

Feel free to contact us for an initial, no-obligation discussion.