Nice Classification is an international registration classification system of products and services used for the purposes of registration of marks and established by the Nice Agreements, signed on June 15, 1957 in the French city.
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Nice Classification consists of 34 classes of products and 11 classes of services. The class headings describe in a very generic and broad way the nature of the goods and services of each class so that to allo you to easily identify the reference market.
EUIPO, European Union Intellectual Property Office, ha recently reaffirmed the need that the list of goods and services is worded in such a way to clearly indicate the nature of goods and services, and to allow each item to be classified.
Article 33, 4) of the European Union trademark Regulation (2017/1001) states that:
“The Office shall reject an application in respect of indication or terms which are unclear or imprecise, where the applicant does not suggest an acceptable wording within a period set by the Office to that effect”.
With regard to the use of the classification, it should be taken into consideration the article 2 of the Nice Classification according to which:
“The effect of the Classification shall be that attributed to it by each country of the Special Union. In particular, the Classification shall not bind the countries of the Special Union in respect of either the evaluation of the extent of the protection afforced to any given mark or the recognition of service marks. Each of the countries of the Special Union reserves the right to use the Classification either as a principal or a subsidiary system”.
This means that every state enjoys flexibility in the application of the Nice Classification. Therefore, we suggest you to consult a professional in IP sector in order to properly evaluate the Nice Classification in other States.
The Classification is constantly revised; presently, eleventh edition is in use, updated on January 1, 2018.
At the moment, 84 States (Italy included) are party to the Nice Agreement and there are about 150 offices (member and not member Countries) in the world which use such classification.
Which advantages of applying the nice classification
The consultation of the Nice Classification will allow you to decide in which classes you can register your trademark. You can choose from one to more classes, depending on which products and services you consider appropriate to protect your brand.
The application for a trademark registration already includes the cost for one class: usually (but it depends on the State) it will be necessary to pay an additional tax for each additional class. The existence and the amount of additional tax for the classes beyond the first varies from State to State.
The advantage of applying the Nice Classification is that the goods/services distinguished by the mark will be classified in the same way in all Countries which adopted the Classification.ì
Nice classification class headings
- Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry;
- unprocessed artificial resins, unprocessed plastics;
- fire extinguishing and fire prevention compositions;
- tempering and soldering preparations;
- substances for tanning animal skins and hides;
- adhesives for use in industry;
- putties and other paste fillers;
- compost, manures, fertilizers;
- biological preparations for use in industry and science.
- Paints, varnishes, lacquers;
- preservatives against rust and against deterioration of wood;
- colorants, dyes;
- inks for printing, marking and engraving;
- raw natural resins;
- metals in foil and powder form for use in painting, decorating, printing and art.
- Non-medicated cosmetics and toiletry preparations;
- non-medicated dentifrices;
- perfumery, essential oils;
- bleaching preparations and other substances for laundry use;
- cleaning, polishing, scouring and abrasive preparations.
- Industrial oils and greases, wax;
- dust absorbing, wetting and binding compositions;
- fuels and illuminants;
- candles and wicks for lighting.
- Pharmaceuticals, medical and veterinary preparations;
- sanitary preparations for medical purposes;
- dietetic food and substances adapted for medical or veterinary use, food for babies;
- dietary supplements for humans and animals;
- plasters, materials for dressings;
- material for stopping teeth, dental wax;
- preparations for destroying vermin;
- fungicides, herbicides.
- Common metals and their alloys, ores;
- metal materials for building and construction;
- transportable buildings of metal;
- non-electric cables and wires of common metal;
- small items of metal hardware;
- metal containers for storage or transport;
- Machines, machine tools, power-operated tools;
- motors and engines, except for land vehicles;
- machine coupling and transmission components, except for land vehicles;
- agricultural implements, other than hand-operated hand tools;
- incubators for eggs;
- automatic vending machines.
- Hand tools and implements, hand-operated;
- side arms, except firearms;
- Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments;
- apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity;
- apparatus for recording, transmission or reproduction of sound or images;
- magnetic data carriers, recording discs;
- compact discs, DVDs and other digital recording media;
- mechanisms for coin-operated apparatus;
- cash registers, calculating machines, data processing equipment, computers;
- computer software;
- fire-extinguishing apparatus.
- Surgical, medical, dental and veterinary apparatus and instruments;
- artificial limbs, eyes and teeth;
- orthopaedic articles;
- suture materials;
- therapeutic and assistive devices adapted for the disabled;
- massage apparatus;
- apparatus, devices and articles for nursing infants;
- sexual activity apparatus, devices and articles.
- Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
- apparatus for locomotion by land, air or water.
- ammunition and projectiles;
- Precious metals and their alloys;
- jewellery, precious and semi-precious stones;
- horological and chronometric instruments.
- Musical instruments.
- Paper and cardboard;
- printed matter;
- bookbinding material;
- stationery and office requisites, except furniture;
- adhesives for stationery or household purposes;
- drawing materials and materials for artists;
- instructional and teaching materials;
- plastic sheets, films and bags for wrapping and packaging;
- printers’ type, printing blocks.
- Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials;
- plastics and resins in extruded form for use in manufacture;
- packing, stopping and insulating materials;
- flexible pipes, tubes and hoses, not of metal.
- Leather and imitations of leather;
- animal skins and hides;
- luggage and carrying bags;
- umbrellas and parasols;
- walking sticks;
- whips, harness and saddlery;
- collars, leashes and clothing for animals.
- Building materials (non-metallic);
- non-metallic rigid pipes for building;
- asphalt, pitch and bitumen;
- non-metallic transportable buildings;
- monuments, not of metal.
- Furniture, mirrors, picture frames;
- containers, not of metal, for storage or transport;
- unworked or semi-worked bone, horn, whalebone or mother-of-pearl;
- shells; meerschaum;
- yellow amber.
- Household or kitchen utensils and containers;
- cookware and tableware, except forks, knives and spoons;
- combs and sponges;
- brushes, except paintbrushes;
- brush-making materials;
- articles for cleaning purposes;
- unworked or semi-worked glass, except building glass;
- glassware, porcelain and earthenware.
- Ropes and string;
- tents and tarpaulins;
- awnings of textile or synthetic materials;
- sacks for the transport and storage of materials in bulk;
- padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics;
- raw fibrous textile materials and substitutes therefor.
- Yarns and threads, for textile use.
- Textiles and substitutes for textiles;
- household linen;
- curtains of textile or plastic.
- Clothing, footwear, headgear.
- Lace and embroidery, ribbons and braid;
- buttons, hooks and eyes, pins and needles;
- artificial flowers;
- hair decorations;
- false hair.
- Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors;
- wall hangings (non-textile).
- Games, toys and playthings;
- video game apparatus;
- gymnastic and sporting articles;
- decorations for Christmas trees.
- Meat, fish, poultry and game;
- meat extracts;
- preserved, frozen, dried and cooked fruits and vegetables;
- jellies, jams, compotes;
- milk and milk products;
- oils and fats for food.
- Coffee, tea, cocoa and artificial coffee;
- tapioca and sago;
- flour and preparations made from cereals;
- bread, pastries and confectionery;
- edible ices;
- sugar, honey, treacle;
- yeast, baking-powder; salt;
- vinegar, sauces (condiments);
- ice (frozen water).
- Raw and unprocessed agricultural, aquacultural, horticultural and forestry products;
- raw and unprocessed grains and seeds;
- fresh fruits and vegetables, fresh herbs;
- natural plants and flowers;
- bulbs, seedlings and seeds for planting;
- live animals;
- foodstuffs and beverages for animals;
- mineral and aerated waters and other non-alcoholic beverages;
- fruit beverages and fruit juices;
- syrups and other preparations for making beverages.
- Alcoholic beverages (except beers).
- smokers’ articles;
- business management;
- business administration;
- office functions.
- financial affairs;
- monetary affairs;
- real estate affairs.
- Building construction;
- installation services.
- packaging and storage of goods;
- travel arrangement.
- Treatment of materials.
- providing of training;
- sporting and cultural activities.
- Scientific and technological services and research and design relating thereto;
- industrial analysis and research services;
- design and development of computer hardware and software.
- Services for providing food and drink;
- temporary accommodation.
- Medical services;
- veterinary services;
- hygienic and beauty care for human beings or animals;
- agriculture, horticulture and forestry services.
- Legal services;
- security services for the physical protection of tangible property and individuals;
- personal and social services rendered by others to meet the needs of individuals.
Eva Troiani law firm can assist you in finding the most appropriate classes for your trademark. Contact us for more information.