Trademark Classes Explained with Real Examples

Introduction : In today’s globalised and competitive market, trademarks are not just mere symbols or words of trade but have emerged as powerful business assets that carry with themselves brand values, market reputation and an extraordinary commercial value. However, due to factors like international trade, a greater evolution in the categories of goods and services, an adequate and a consistent trademark classification system is required to potentially simplify different classes of goods and services for the primary purpose of trademark registration. In order to achieve this adequacy and consistency, a standard classification framework is established by the virtue of “Nice agreement, 1957” to provide a standardized framework for trademark classification termed as “Nice Classification of Trademark” which has laid down nearly 45 classes of all possible goods and services.

The “Nice classification of Trademarks” is established and laid down by the virtue of the “NICE Agreement” dated June 15, 1957 signed in Nice, France. The Nice agreement was signed and developed under the aegis of World Intellectual Property Organization (WIPO) with the primary aim of bringing coherence and uniformity related to classification of goods and services. Some of the essential features of “NICE Agreement” includes its international classification system and is considered binding for the members of countries or signatories to World Intellectual Property Organization (WIPO). India being a signatory to the Nice Agreement has adopted the Nice Classification into its national trademark regime and they refer to this system when processing the applications of Trademark Registration.

The present blog seeks to explain the origin, structure and operation of the Nice Classification System and explores its crucial role in harmonizing global trademark practices and its application into the domain of Indian intellectual property law and how the “Nice Classification System” helps in enabling more smooth and consistent management of trademark on a global scale.

The Nice Agreement: Foundation of Classification System

Prior to the development of “Nice Classification System” every country has its own classification methods for trademark registration which resulted into inconsistent and fragmented practices for registration of trademark, especially in the cases of international filing for registrations, this absence of a unified approach and a consistent framework often resulted into legal disputes and conflicts of interpretation. Hence, the introduction of the “Nice classification” is now regarded as the cornerstone of international trademark law for its consistent and central framework for facilitating the registration and protection of trademark in its own jurisdiction and across borders.

The International Classification of Goods and Services concerning the Registration of Marks which is commonly referred to as “Nice Classification” is an internationally recognised trademark classification system which serves as a backbone of Intellectual Property Law. The Nice Classification of Trademark traces its origin to “Nice Agreement” which was executed as a result of Nice Diplomatic Conference and was signed in Nice, France on June 15, 1957 which was signed between the member countries to bring coherence in law governing Intellectual Property across various different jurisdiction and national law domains.

Initially, the classification system was developed by “United International Bureaux for the protection of Intellectual Property (BIRPI) which acceded as the predecessor to WIPO in year 1935. The Nice Agreement and the classification system established is administered by the World Intellectual Property Organization (WIPO) for simplifying and streamlining the registration process of trademarks. The Nice Classification was revised in 1967 at Stockholm and later in 1977 at Geneva. It is currently adopted by more than 85 countries in their national law domain. Thus, the Nice classification system is regarded as the most widely accepted and utilised legal framework of intellectual property law.

Why is Nice classification a standardised form of Trademark Classification?

The nice classification is a fundamental tool in the law of trademark and its importance is realised across several aspects. The following reasons states that why this classification is of utmost importance across different domains; 

International Harmonization: The nice classification provides a coherent and uniform structure relating to classifying different classes of goods and services for the purpose of trademark registration. This helps to simplify cross-border transactions and international filings, resultantly helps to avoid conflict of interpretation.

Administrative Efficiency: This classification system helps in assisting the trademark officers to streamline their procedures relating to law of trademark and provides a clear structure to organize the trademark records.

Establishment of International Classification: The nice agreement lays down the mandates of using a single and internationally accepted classification i.e., Nice Classification which includes class headings for different categories of goods and services, alphabetical list of goods and services.

Binding Effect for Contracting States: All the member countries to the nice agreement are required to use the nice classification for the purpose of trademark application process, examination and publication of registered trademark.

Administration and Supervision by WIPO: World Intellectual Property organization (WIPO) administers the nice agreements and supervises the periodic revision of the trademark classification by virtue of a committee of experts.

Structure of Nice Classification System

The Nice Classification System is broadly divided into 45 classes, and each class displays the specific types of goods and services, and provides a uniform language for the purpose of trademark registration. The list of classification is primarily divided into two broad categories i.e., goods and services. Class 1-34 deals with varied categories of goods and Class 35-45 are for services. The classification system also comprises explanatory notes and alphabetical list of goods and services alongwith class headings.

Class Headings: Goods

Class 1	Chemicals used in industry, photography, science, forestry; unprocessed plastics; tempering and soldering preparations; tanning substances; adhesives used in industry etc.
Class 2	Paints, varnishes, lacquers; raw natural resins, metals in foil; powder form for painters, decorators etc.
Class 3	Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils etc.
Class 4	Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; etc.
Class 5	Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; etc.
Class 6	Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires etc.
Class 7	Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); etc.
Class 8	Hand tools and implements (hand-operated); cutlery; side arms; razors etc.
Class 9	Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling etc.
Class 10	Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; etc.
Class 11	Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, etc.
Class 12	Vehicles; apparatus for locomotion by land, air or water
Class 13	Firearms; ammunition and projectiles; explosives; fireworks
Class 14	Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; etc.
Class 15	Musical Instruments
Class 16	Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; etc
Class 17	Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; etc.
Class 18	Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas etc.
Class 19	Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; etc.
Class 20	Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, etc.
Class 21	Household or kitchen utensils and container; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; etc.
Class 22	Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags etc
Class 23	Yarns and threads, for textile use
Class 24	Textiles and textile goods, not included in other classes; bed and table cover etc
Class 25	Clothing, footwear, headgear.
Class 26	Lace and embroidery, ribbons and braid; etc.
Class 27	Carpets, rugs, mats and matting, etc
Class 28	Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29	Meat, fish, poultry and game; meat extracts; etc
Class 30	Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made etc
Class 31	Agricultural, horticultural and forestry products and grains not included in other classes; etc
Class 32	Beers; mineral and aerated waters and other non-alcoholic drinks; etc
Class 33	Alcoholic beverages (except beers)
Class 34	Tobacco; smokers' articles; matches

Class Headings: Services

Originally, the Nice Classification only had 42 classes encompassing the categories of services, however it was amended in 2002, January 1 to make an addition of further 3 new classes i.e. Class 43, 44 and 45.

Class 35	Advertising; business management; business administration; etc
Class 36	Insurance; financial affairs; monetary affairs; real estate affairs
Class 37	Building construction; repair; etc
Class 38	Telecommunications
Class 39	Transport; packaging and storage of goods; etc
Class 40	Treatment of materials
Class 41	Education; providing of training; entertainment;
Class 42	Providing of food and drink; temporary accommodation; medical, hygienic and beauty care;
Class 43	Services for providing food and drink; temporary accommodation.
Class 44	Medical services; veterinary services; hygienic and beauty care for human beings or animals; etc.
Class 45	Legal services; security services for the physical protection of tangible property and individuals; etc.

Explanatory Notes

These explanatory notes denote the exclusions and inclusions to avoid ambiguity and thus helping the applicants and examiners to interpret the scope of each class. However, this classification is updated with the help of a committee of Experts that meets under the supervision of WIPO.

Alphabetical List of Terms

The nice classification provides a detailed alphabetical list index that lays down specific goods and services under each class.

India and Nice Classification

India has adopted the “NICE Classification of Trademark” through two primary statutes and they are; The trademarks act of 1999 and the trademarks Rules, 2002. By the virtue of the Trademarks act, 1999 service marks were introduced for the first time to bring the domain of Indian Intellectual Property Law in line with the TRIPS Agreement i.e., Agreement on Trade Related Aspects on Intellectual Property Rights, which provided for the registration of service marks alongwith trademarks of goods. Precisely, India is following the Nice classification under the scope of Nice agreement which was signed by India on September 7, 2019. The nice classification of trademarks (as stated in the earlier part of the blog) is incorporated under “Schedule 4” of Trademark Rules, 2002. An amendment was recently made to the Schedule 4 on May 20, 2010 to include the additional three class of class headings of goods under the nice classification system.

Conclusion

The nice classification of trademarks has been an indispensable framework for the organization, registration and protection of trademarks at a global scale. Its origin from a nice agreement, 1957 and the administration by World Intellectual Property Organization (WIPO) this classification brings a coherent structure, clarity and harmonization to the law of trademarks across various national law domains, thus it enhances the efficiency and effectiveness of trademark protection.

The widespread adoption by more than 85 countries and its de-facto use, is central to the aim of consistency and coherence, which facilitates multi-jurisdictional trademark protection. However, as markets and industries evolve which redefines the business categories, the international classification system must adapt to these changes efficiently. Moreover, for trademark applicants, understanding the classification system and correctly applying the same is a major strategic decision to be made. Therefore, due-diligence and legal guidance becomes necessary when dealing with trademark classification both nationally and internationally. Thus, in a nutshell, the nice classification is something more than an administrative tool. It is a global framework to facilitate the law of trademark.

Author: Riya Maggu, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.