The Nice Classification is a key element of the trade mark registration procedure.
An EUTM application cannot be filed at EUIPO without identifying the relevant classes of goods and services, and errors at this stage directly affect both the scope of legal protection and the risk of refusal.
Below we explain what the Nice Classification is, how the international classification of goods and services works, and why selecting the correct classes is of fundamental importance when registering a trade mark in the EU.
What Is the Nice Classification?
МКТП (The Nice Classification) is a harmonised system used to classify goods and services for the purposes of trade mark registration.
It is applied by:
- national intellectual property offices;
- international registration systems;
- the EUIPO system for registering EU trade marks.
The underlying principle of the Nice Classification is that a trade mark is not protected "for everything in general" — it is protected exclusively for the specific goods and servicesindicated in the application.
Nice Classes: Goods and Services
The Nice Classification comprises 45 classes::
- classes 1–34 cover goods;
- classes 35–45 cover services.
Each class groups goods or services according to their functional purpose,rather than according to the name of the business itself.
It is important to understand that a company's actual field of activity does not always correspond directly to the name of a Nice class..
For example, a company may:
- manufacture or sell clothing (class 25);
- simultaneously carry out retail or online sales (class 35).
A single trade mark may be registered in one or several classes,but legal protection extends only to the classesindicated in the application.
The Nice Classification for Trade Marks: General Application
When preparing an application, the applicant must:
- determine the specific goods or services for which the trade mark will be used;
- assign them to the relevant Nice classes;
- compile an accurate list of goods and services.
This list:
- is the subject of examination by EUIPO;
- determines the scope of the applicant's rights;
- affects the risk of refusal or third-party opposition.
The Role of the Nice Classification in EU Trade Mark Registration
When filing an application with EUIPO, Nice classes are used to:
- define the subject matter of legal protection;
- examine the application on absolute grounds for refusal;
- assess potential conflicts within identical or related classes.
EUIPO examines a sign specifically in the context of the goods and services claimed..
A trade mark that is acceptable in one class may be refused in another — for instance, on grounds of descriptiveness or lack of distinctive character.
To compile the list of goods and services, EUIPO uses the TMclass tool — a database of harmonised terms that helps applicants classify goods and services correctly in accordance with the Nice Classification.
Number of Nice Classes and the Cost of EU Registration
The number of classes selected has a direct impact on the cost of registering a trade mark in the EU.
Under the EUIPO fee structure:
- the basic fee covers one class;;
- an additional fee is payable for the second and each subsequent class.
For this reason, selecting classes "just in case" not only increases legal risk but also raises costs without any genuine need.
Common Mistakes in Selecting Nice Classes
In practice, the most frequent mistakes include:
- using overly broad or vague wording;
- indicating classes without any genuine intention to use the mark in them;
- ignoring related classes in which conflicts may arise;
- copying lists of goods and services without analysing the underlying business model.
Such mistakes increase the risk of:
partial or full refusal;
third-party oppositions;
limited or merely formal legal protection following registration.
Why the Correct Choice of Nice Classes Matters
Nice classes determine:
- the scope of legal protection afforded to the trade mark;
- the risk of opposition from proprietors of earlier registered marks;
- the ability to genuinely use the brand without infringing third-party rights;
- the prospects for further protection and business development in the EU.
Mistakes in class selection often cannot be corrected after filing without losing the priority date.
The List of Goods and Services and Preliminary Analysis
Before filing an application, it is advisable to:
- carry out a preliminary trade mark search;
- assess whether conflicts exist in the relevant classes;
- adjust the list of goods and services in line with EUIPO practice.
This approach reduces the risk of refusal and makes the outcome of the procedure more predictable.
When to Seek Advice on the Nice Classification
Professional advice is advisable where:
- the brand is being developed with the EU market in mind;
- the application covers several classes;
- there is a risk of conflict with similar trade marks;
- the genuine scope of legal protection matters more than formal registration.
Correct selection of Nice classes is an element of brand protection strategy — not a mere technical formality.
