Trade Mark Classifications: Why the “Nice Classification” System Matters

Understanding the Nice Classification System

When applying to register a trademark one of the most important decisions that must be made is selecting the correct goods and services classification(s). Trademarks are not registered in the abstract, rather they are protected only in relation to specific categories of goods and services under the internationally recognised Nice Classification system which is used in both the Irish Intellectual Property Office and the European Union Intellectual Property Office.

The Nice Classification divides all goods and services into 45 classes (classes 1 to 34 for goods and 35 to 45 for services). For example, clothing falls within Class 25, software may fall within Class 9, and advertising services are typically covered under Class 35. A trademark may be registered in one or multiple classes depending on the scope of protection required. Importantly, protection is only granted within the classes selected.

Choosing the Right Trade Mark Classes

Choosing the correct classification is therefore critically important and requires careful consideration. An overly narrow application may leave a brand under-protected, while an overly broad application can increase cost and risk of objection/revocation. In practice, businesses should consider not only their current activities but also planned expansion when deciding which classes to include.

Building a Stronger Long-Term Brand Protection Strategy

Careful classification of a trademark at the outset can significantly strengthen the long-term protection strategy of the trademark and reduce the risk of disputes or gaps in coverage.

For more information please contact Niamh Gibney or James Tansey.

The content of this article is provided for information purposes only and does not constitute legal or other advice.