Classifying trade marks: What you need to know

Are you thinking of applying to register a trade mark? If so, you must use the trade mark classification system.

The purpose of doing so is to identify the goods and/or services you’ll be using it on.

The system, used by Intellectual Property Offices globally, collates similar goods or services into 45 different classes, known as the Nice classification.

Each class contains a collection of terms, all of which relate to the goods or services included in that class:

  • Goods are in classes 1 to 34
  • Services are in classes 35 to 45.

All of these have a distinct title, highlighting what is contained in that specific class.

However, please note, this is just a general indication and does not encompass all the goods or services in that class.

To help you search for and classify the goods and/or service you need to apply for to register you trade mark, you can use the Government’s search UK trade mark classes service.

How to choose the right classes for your application

Selecting the correct class and terms is vital, as your trade mark will only be safeguarded for the goods and/or services stated in your application.

After you have applied, extra goods or services cannot be added.

What goods do you intend to sell in the future?

You must only include the goods/services you intend to use the mark on now and within the next five years, so take time to think about this.

If you select goods/services which the mark is not used on within five years, you may face expensive legal action in the future.

Be sure that your application is as detailed as possible. As a result, it will less likely be countered by someone with an earlier mark, as the risk of goods and services conflicting with others is lowered.

Additionally, bear in mind that a registered trade mark can be withdrawn if it is out of use for five years. 

Need advice on matters relating to Intellectual Property? Contact our team today.