How to use Nice Classification?

 

The trademark is always related to the goods and services it is registered for. So a brand is always associated with something: clothing, footwear, legal services, coffee, beer, etc.

You cannot register a trademark without indication for which goods and/or services you want to have a monopoly. Your trademark application will simply be rejected without a clear indication of the products and services. If you search in some trademark databases – like EU trademark database, you will notice, that all the trademarks are registered for particular goods or services.

The competent offices of the countries party to the Nice Agreement are required to include in the official documents and publications concerning the registration of marks the numbers of the classes to which the goods and services for which the mark is registered belong. Around 150 offices in the world apply the Nice Classification. This number includes member as well as non-member countries. In addition, four regional organisations, namely the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Benelux Office for Intellectual Property (BOIP) and the European Union Intellectual Property Office (EUIPO), use the Nice Classification. The International Bureau of the World intellectual property organisation also applies the Nice Classification in the framework of the Madrid System for the international registration of marks.

The World intellectual property organization administers the Nice Classification, and it can be accessed online here. When registering your mark, you should indicate clearly the goods and services the mark is going to be used, and also indicate the number of goods/services from the Nice Classification’s list. It is one of the hardest tasks to be done when registering a trademark. If the applicant does not indicate clearly the goods, the examiner will issue a notification inviting to correct the list.

When choosing the goods from the Nice Classification, you first need to establish in which categories you are providing services and/or making products. For example, if you are making dolls, you are making goods – Toys (Nice class 7). So this class definitely should be on your registration list. However, you might also have an internet page, and be selling the dolls online – so additionally you are offering services, and you should claim protection for the online sales as well (Nice class 35).

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