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Trademark Classification

Assign the appropriate goods and services to your trademark from a total of 45 classes

Nice Classification: basics

A trademark is always protected for specific goods and/or services. When applying for a trademark, you must therefore specify precisely which goods and/or services you intend to offer under the trademark. This is what’s known as the list of goods and services. This is essential for precisely defining the scope of protection for your trademark and distinguishing it from potentially similar trademarks in other branches of trade. Please note that the list must include the class number(s) and the terms describing the goods and services.

Well-known trademarks often enjoy a broader scope of protection, including protection for goods or services not covered by the list of goods and services or similar to them. A trademark is considered well-known if it is known to a significant portion of the public addressed by the goods or services protected by the trademark. If a third party uses the well-known trademark or a similar sign and thereby exploits or impairs the reputation of the well-known trademark, the owner of the well-known trademark may take action against such use.

What is the Nice Classification and why do I need it?

The Nice Classification is an international agreement for the classification of trademarks, which is regularly revised, supplemented, and adapted by the member states of the agreement. The classification comprises a total of 45 classes – 34 classes for goods and 11 classes for services. 

You use the Nice Classification to compile the list of goods and services for your trademark application.

How much do individual classes cost for a trademark application?

When applying for a trademark, three classes are included in the application fee. Each additional class costs €75,-.

What do I need to consider when classifying my trademark?

The list of goods and services must be sufficiently clear and unambiguous so that third parties can correctly assess the scope of protection of the trademark. 
We recommend that you exercise great care when specifying the classes. It is not possible to extend the list of goods and services at a later date.

The classification contains umbrella terms in each class. These are broad, overarching terms under which several more specific goods or services can be grouped. Certain general umbrella terms are not accepted and must therefore be replaced with precise, specific goods or services that can be assigned to the respective class.

“Obligation to use”

The trademark must effectively be used for the goods and services for which it is protected. Trademarks are therefore subject to what is known as an “obligation to use”. If a trademark has not been used for five years or longer – calculated from the end of the opposition period or the final decision in opposition proceedings – any person may apply to the Austrian Patent Office for the cancellation of the trademark pursuant to § 33a of the Austrian Trademark Protection Act (MSchG). There is no ex officio cancellation. To avoid cancellation, the trademark must be genuinely used as registered or with only minor deviations that do not affect the distinctiveness of the original trademark. In the event of a legal dispute, the trademark owner must provide evidence of such genuine use.

How should virtual goods and services be classified?

With the growing importance of metaverses and digital platforms, the question of how to legally classify virtual goods and services is becoming increasingly relevant. Since existing classification systems were primarily developed for physical products, the correct classification of virtual goods and services is becoming increasingly important.

Help with classification

The Nice Classification comprises approximately 9,000 goods and services terms. As part of a Europe-wide harmonization project led by the European Union Intellectual Property Office (EUIPO), the significantly more comprehensive “Harmonized Database” was developed, containing more than 70,000 terms. In accordance with the guidelines of the Court of Justice of the European Union (CJEU), the tree structure or “taxonomy” of this database groups terms for goods and services into increasingly general umbrella terms, up to the top level of general umbrella terms (“class scope”).

This structure makes it easier to search for appropriate terms for an intended trademark application, provides a quick overview of thematically related goods and service categories, and thus helps to plan the scope of protection of the application in accordance with the plans for actual use. As a rule, it is sufficient to specify the product type, since trademark protection also extends to similar goods and services. While a “class scope” offers very broad protection, it should only be used if all goods or services falling under it are actually intended to be marketed; otherwise, there is a risk that unused areas may become vulnerable to legal challenge. It should also be noted that a class scope only covers those goods and services in the respective class that can be understood under its wording, which may lead to gaps in protection regarding products that may appear on the market in the future. There is no guarantee of the taxonomy’s completeness.

Classifiy now with TMclass

Detailed, practical tips on various issues of trademark law can be found in the Common Communications of the European Union Intellectual Property Network (EUIPN): 
CP1 and CP2 are relevant to the acceptability of class headings and the interpretation of the scope of protection of class headings.
CP8 is relevant to the use of a trademark in a different form with regard to the requirement of actual use.

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