Definition

The Nice Classes are the categories defined by the Nice Agreement on the international classification of goods and services for the purposes of trademark registration, adopted in 1957 and administered by WIPO.
This classification, used in more than 150 countries, divides goods and services into 45 classes: 1 to 34 cover goods, while 35 to 45 relate to services.
In France, this classification is mandatory for any trademark application filed with the INPI. It allows applicants to precisely define the scope of protection of a trademark.

Practical importance

Selecting the correct classes is crucial to:

• Determine the scope of trademark protection
• Avoid rejection for lack of clarity
• Facilitate clearance searches and trademark monitoring

An error in class selection can limit or weaken the protection granted to the trademark.

Legal framework

• Nice Agreement (1957, revised in 1977 and 2019): international basis for trademark classification
• French intellectual property code (CPI)
  Article L.712-1: obligation to file a trademark specifying goods and services
  Article R.712-3: reference to the Nice Classification for goods and services designation
• Regulation (EU) 2017/1001 on the European Union Trade Mark, Articles 33 and 34: mandatory use of the Nice Classification for EUIPO applications
• WIPO guidelines on the Nice Classification

Example

A company wishing to protect a trademark for clothing and fashion accessories should select at least, class 25 for clothing, footwear, and headgear and class 18 for bags and leather goods

FAQ

1. What happens if I choose the wrong class ?
   Your trademark will only be protected for the classes filed. A mistake may leave some of your products or services without protection.
2. Can I add classes after filing ?
   No. Once the application is filed, you cannot add new classes. A new trademark application will be required.
3. Does the Nice Classification automatically protect my trademark ?
   No. The classification only defines the scope of protection. You must file the trademark to obtain exclusive rights.

Conclusion

The Nice Classification is a central tool of trademark strategy. Choosing the right classes secures your filing, helps prevent disputes, and optimizes the scope of protection. A careful selection, ideally supported by an intellectual property professional, ensures robust protection tailored to the company’s actual activities.