A trademark is protected only for the goods and services selected in the application. An incorrect or incomplete choice of classes leaves a gap in protection exactly where you need it.
In trademark applications, goods and services are specified according to the international Nice Classification. The classification has 45 classes: classes 1–34 are for goods and classes 35–45 are for services.
Why does it matter? A trademark is protected only for the goods and services included in the application. For example, a trademark registered only for clothing (class 25) does not automatically cover a retail service opened under the same name (class 35).
Common mistakes.
- Thinking only of today’s product and leaving out activities planned for the near future.
- Choosing a broader list than necessary, increasing the risk of opposition and of non-use.
- Overlooking matters that change the structure of the business, such as online sales, franchising or exports.
How is the decision made? The current and planned activities of the business are listed, and each is matched with the relevant class and sub-headings. By describing your activity in the Class finder on our website, you can get an initial idea and then finalise the list together with your attorney.
This article is for general information only; consult our attorney for an assessment of your specific case.
