What are Nice Classes? A guide for founders, start-ups and inventors
Anyone wishing to register a trade mark has a clear objective: to protect a sign with recognition value in the course of trade. However, this trade mark protection is only fully effective if the associated goods and services are precisely specified.
This is precisely where the Nice Classes come in - the internationally established classification system for trade mark applications. Anyone who works imprecisely here or overlooks important classes risks gaps in protection and a restricted legal scope of protection.
Without a targeted selection of trade mark classes, a trade mark application can quickly lose its impact. A well thought-out classification, supported by a well-founded trade mark search, is therefore a decisive step for the long-term success of a trade mark.
What are Nice Classes - and why are they crucial for trade mark applications?
The Nice classes form the foundation of every trade mark application. They are based on the Nice Agreement, which was established in 1957 under the auspices of the WIPO (World Intellectual Property Organisation). The aim of this international agreement is to create uniform standards for the classification of goods and services - and thus make trade mark protection comparable worldwide.
Today, the Nice Classification comprises a total of 45 classes:
- Classes 1 to 34 cover all types of goods - from chemicals and cosmetics to machinery and foodstuffs.
- Classes 35 to 45 relate to services - such as advertising, software development, medical or legal services.
This uniform system enables trade mark offices to assign a new trade mark to a specific economic area. At the same time, it is quicker to check whether there are conflicting older trade marks in the same or similar classes. This minimises the risk of subsequent trademark collisions - and facilitates trademark searches and opposition proceedings.
Are Nice classes valid internationally?
Yes - and that makes it particularly valuable for start-up and growth-orientated companies. The Nice Agreement has already been adopted by over 80 countries worldwide, including all EU member states, the USA, Canada, China, Japan and many other economic nations.
International trade mark applications via the Madrid system (trade mark protection in several countries with one application) are also based on the Nice Classification. So if you want to expand internationally with your trade mark sooner or later, you should rely on a well thought-out selection of classes right from the start. The Nice Classes help to ensure that the trade mark strategy is consistent and legally compliant across countries.
Overview of the most important Nice classes: How to protect your brand properly
The protection of a trade mark is not automatically all-encompassing. It only applies to the goods and services that were expressly specified when the trade mark application was filed - and within the selected Nice classes. Only in these areas do trade mark owners enjoy a legally protected monopoly.
This means that anyone offering products or services outside the registered classes has no automatic protection. Similarly, the ability to defend oneself against imitations or confusingly similar trade marks depends crucially on whether there are overlaps in the registered classes.
The Nice Classification is therefore not only used for the formal classification of trade mark applications, but is also the basis for the legal assessment of trade mark infringements, oppositions and warnings.
Selected classes at a glance:
Classes of goods (classes 1 to 34):
- Class 1: Chemicals for industrial and scientific use
- Class 3: Personal care products, cleaning agents, cosmetics
- Class 5: Pharmaceutical products, food supplements
- Class 9: Electronic devices, software, computer hardware
- Class 16: Printed matter, stationery, office supplies
- Class 25: Clothing, footwear, headgear
- Class 29: Meat, fish, preserved foods
- Class 30: Coffee, tea, sugar, confectionery, spices
- Class 33: Alcoholic beverages (except beer)
Service classes (classes 35 to 45):
- Class 35: Advertising, business management, management consultancy
- Class 38: Telecommunication services, mobile telephony
- Class 41: Education, sporting and cultural activities
- Class 42: Scientific and technological services, software development
- Class 43: Gastronomy, hotel business, catering
- Class 44: Medical services, veterinary medicine, cosmetic institutes
- Class 45: Legal services, security services
The complete and always up-to-date list of all Nice classes can be found on the WIPO website or at the respective national trade mark office - such as the or the DPMA or the EUIPO.
Sense and purpose of the Nice Classes: Comparability, scope of protection and risk assessment
The greatest advantage of the Nice Classification lies in its international comparability. The uniform classification of goods and services makes it easier for trade mark offices, courts and applicants to check whether earlier trade marks with a similar scope of protection already exist - both nationally and internationally.
Classification is a key criterion, particularly in opposition proceedings, warning letters or legal disputes due to trade mark infringements: if there is an overlap in the selected classes, the risk of confusion increases considerably.
Trade mark similarity despite different classes? That is possible.
Important to know: Even if two trade marks are registered in different classes, there may be a substantive proximity or functional relationship - and thus a legal risk.
Typical practical examples:
- Clothing (class 25) vs. retail services for clothing (class 35)
→ Different classes, but the same market and the same target group. - Software (class 9) vs. IT services, e.g. software development (class 42)
→ Technically closely linked, often provided by the same provider.
Why a trade mark search is essential
In the event of a dispute, , trade mark offices and courts not only examine the formal class assignment, but also the economic context - for example with regard to distribution channels, target groups or usage situations.
The Nice Classification therefore provides important guidance, but is no substitute for a professional trade mark search. Only a well-founded analysis will reveal whether there are existing trade marks with identical or similar signs in conflicting areas.
Ideally, this research should be carried out by a specialised trademark law firm. In this way, risks and legal disputes can be avoided at an early stage - before expensive collisions occur.
Even after registration, ongoing collision monitoring under trade mark law is recommended in order to be able to take action against new, potentially harmful trade mark applications at an early stage.
How many Nice Classes can I indicate in a trade mark application - and what does it cost?
The number of Nice classes that you can specify when filing a trade mark application is not limited in principle - however, each additional class has its price.
Costs at the German Patent and Trade Mark Office (DPMA):
- The basic fee of 290 euros includes the registration of up to three classes.
- An additional fee of 100 euros is charged for each additional class.
Costs at the EUIPO (European Union Intellectual Property Office):
- First class: 850 euros
- Second class: 50 Euro
- Each additional class: 150 euros
This price structure shows: Registration becomes more expensive with each additional class. Companies - especially start-ups with a limited budget - should therefore carefully check which classes are actually necessary and make strategic sense.
Choosing the right classes is not only a question of cost, but also determines the scope of trade mark protection. Too narrow a selection can leave gaps in protection, too broad a selection can cause unnecessary costs.
Our tip: Seek legal advice before registering your trade mark. This will ensure that your area of protection fits your business model perfectly - without paying more than necessary.
Why a specialised trade mark attorney is crucial for class selection
Choosing the right Nice Classes is not just a formality - it is a strategic step with far-reaching legal consequences. This is because the scope of protection of a trade mark is directly determined by the precise indication of the protected goods and services.
A common mistake when registering a trade mark is classifying it too narrowly or too imprecisely - which can lead to the trade mark protection being incomplete, difficult to enforce or even ineffective. Corrections are often only possible to a limited extent or not at all later on.
An experienced trade mark lawyer will therefore not only support you in completing the application, but will also work with you to develop a legally compliant and economically viable protection strategy. This includes, among other things:
- Analysis of your specific business model
- Identification of relevant product and service areas
- Translation into the appropriate Nice classification
- Creation of a legally compliant list of goods and services
- Examination of possible collisions with existing trade marks
- Development of an international application strategy - harmonised with the DPMA, EUIPO and, if applicable, the Madrid system
Conclusion: The choice of classes determines the scope and enforceability of your trade mark protection. If you do without sound advice here, you risk making expensive mistakes.
Why a trade mark search is essential
Classification into certain classes not only helps to establish protection, but is also decisive for the enforceability of your trade mark against third parties. However, even with correct classification, conflicts can arise - for example with older trade marks that use similar signs in neighbouring areas. As a rule, a collision check as part of a comprehensive trade mark search prior to registration provides information on this.
An example: If a company applies for a word mark in class 30 (tea), but a similar mark already exists in class 32 (non-alcoholic beverages), there may be a likelihood of confusion if the goods overlap in their market presence.
It is therefore not enough to rely solely on the class boundaries. A comprehensive trade mark search, carried out by a specialised law firm, takes this into account:
- the specific market presence,
- Overlaps in the target group,
- functional or economic proximity,
- and the likelihood of confusion in the legal sense.
This is the only way to minimise the risk of potential trademark infringements or contradictions - before they become a problem.
Further information on the topic of trade mark infringement can be found in this article.
Conclusion: Using Nice Classes strategically - establishing legally secure trade mark protection
The Nice Classification is much more than a formal step in the trade mark application process - it is the key to effective, enforceable trade mark protection. It creates international comparability, facilitates risk analysis and forms the basis for opposition and infringement proceedings.
The strategic selection of classes is crucial, especially for companies that want to secure trade mark rights in the long term or expand internationally. Mistakes in classification are difficult or impossible to correct later - and can significantly weaken protection.
As a law firm specialising in patent and trademark law, we support you with:
- the selection of suitable Nice classes,
- the creation of a legally compliant list of goods and services,
- conducting well-founded trade mark searches and collision checks,
- as well as with the complete trade mark application - nationally and internationally.
Contact us now for a non-binding initial assessment. Together, we will ensure that your trade mark is optimally protected - right from the start.
FAQ: Frequently asked questions about Nice classes
What are Nice Classes?
The Nice Classes are an internationally recognised system for classifying goods and services when applying for a trade mark.
How many Nice classes are possible when applying for a trade mark?
Unlimited. At the German Patent and Trade Mark Office (), three classes are included in the basic price, each additional class costs extra.
Why is it important to choose the right classes?
Because it determines the legal scope of protection of the trade mark. Incorrect classifications can cause gaps in protection.
Are Nice classes valid internationally?
Yes. They are valid in over 80 countries and are the basis for international trade mark applications via the Madrid system.
When should I consult a trade mark attorney?
Ideally before filing the application - for the correct class selection, a sound trade mark search and a legally secure application.