Nice Agreement

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification). The trademark offices of Contracting States must indicate, in official documents and publications in connection with each registration, the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.

About the Nice Classification

On this page:

• Revisions of the Nice Classification
 
• Editions of the Nice Classification

The International Classification of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957, was revised at Stockholm, in 1967, and at Geneva, in 1977, and was amended in 1979.

The countries party to the Nice Agreement constitute a Special Union within the framework of the Paris Union for the Protection of Industrial Property. They have adopted and apply the Nice Classification for the purposes of the registration of marks.

Each of the countries party to the Nice Agreement is obliged to apply the Nice Classification in connection with the registration of marks, either as the principal classification or as a subsidiary classification, and has to include in the official documents and publications relating to its registrations of marks the numbers of the classes of the Classification to which the goods or services for which the marks are registered belong.

Use of the Nice Classification is mandatory not only for the national registration of marks in countries party to the Nice Agreement, but also for the international registration of marks effected by the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Benelux Office for Intellectual Property (BOIP), the European Union Intellectual Property Office (EUIPO) and the International Bureau of WIPO. The Nice Classification is also applied in a number of countries not party to the Nice Agreement.

Revisions of the Nice Classification

The Nice Classification is based on the Classification prepared by the United International Bureaux for the Protection of Intellectual Property (BIRPI) – predecessor of WIPO – in 1935. It was that Classification, consisting of a list of 34 classes and an alphabetical list of goods, that was adopted under the Nice Agreement and later expanded to embrace also eleven classes covering services and an alphabetical list of those services.

The Nice Agreement provides for the setting-up of a Committee of Experts in which all countries party to the Agreement are represented. The Committee of Experts decides on all changes in the Classification, in particular the transfer of goods and services between various classes, the updating of the alphabetical list and the introduction of necessary explanatory notes.

The Committee of Experts has, since the entry into force of the Nice Agreement, on April 8, 1961, held 28 sessions and has, amongst its most noticeable achievements, undertaken a general review of the alphabetical list of goods and services from the point of view of form (in the late 1970s); substantially modified the general remarks, the class headings and the explanatory notes (in 1982); introduced a “basic number” for each single product or service in the alphabetical list (in 1990), which number enables the user to find the equivalent product or service in the alphabetical lists of other language versions of the Classification; revised class 42 with the creation of classes 43 to 45 (in 2000); and is currently in the process of revising all class headings and explanatory notes with a view to harmonizing their form and clarifying their content, in particular with the inclusion of specific examples within each class.

At its twenty-eighth session, held in May 2018, the Committee of Experts, which meets every year, adopted changes and amendments¹ to the eleventh edition, version 2018 of the Nice Classification.

Editions of the Nice Classification

The first edition of the Nice Classification was published in 1963, the second in 1971, the third in 1981, the fourth in 1983, the fifth in 1987, the sixth in 1992, the seventh in 1996, the eighth in 2001, the ninth in 2006, the tenth in 2011 and the eleventh in 2016.  Since 2013, a new version of each edition is published annually. The current version is the 2019 version of the eleventh edition. It entered into force on January 1, 2019.

The authentic texts of the Nice Classification (in English and in French) are published online by WIPO. By decision of the Committee of Experts, the paper publication has been discontinued, the 10th edition, published in June 2011, being the last printed edition.

Summary of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957)

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

The competent offices of the Contracting States must indicate in official documents and in any publication they issue in respect of the registration of marks the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.

The Nice Agreement created a Union, which has an Assembly. Every State that is a member of the Union and has adhered to the Stockholm Act or the Geneva Act of the Nice Agreement is a member of the Assembly. Among the most important tasks of the Assembly is the adoption of the biennial program and budget of the Union.

The Agreement also set up a Committee of Experts in which all members of the Union are represented. The main task of the Committee is the periodical revision of the Classification.

The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property (1883). Instruments of ratification or accession must be deposited with the Director General of WIPO.

Nice Agreement current edition version - general remarks, Class headings and explanatory notes

Nice Agreement Eleventh Edition – version 2019 (NCL 11-2019)  

International trademark classification, and the headings of the international trademark classes, are established by the Committee of Experts of the Nice Union and set forth in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), published by the World Intellectual Property Organization (“WIPO”). The general remarks, class numbers, class headings, and explanatory notes for each international trademark class are as follows.

The International Classification is available on the WIPO website. However, because the international list was developed to classify goods and services and not to identify specific goods and services, most terms will not be sufficiently definite to use in an identification of goods and/or services. On January 1, 2019, the Nice Classification, Eleventh Edition, version 2019 (NCL 11-2019), became effective. To see a comprehensive list of all the new or changed U.S. ID Manual terms, on or after January 1, 2019, please conduct an advanced search in the Next Generation ID Manual using the exact date (“=” sign in the “Effective Date” dropdown menu) of January 1, 2019.

General remarks

The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.

Goods

If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.

(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.

(c) Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.

(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.

(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.

(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.

Services

If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.

(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Cl. 38). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in Cl. 36 as a financial service.

(c) Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.

(d) Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (Cl. 35), financing services relating to franchising (Cl. 36), legal services relating to franchising (Cl. 45).

Class headings with explanatory notes

Class 1

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.

Explanatory note

Class 1 includes mainly chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes.

This Class includes, in particular:

• Sensitized paper;
• Tyre repairing compositions;
• Salt for preserving, other than for foodstuffs;
• Certain additives for use in the food industry, for example, pectin, lecithin, enzymes and chemical preservatives;
• Certain ingredients for use in the manufacture of cosmetics and pharmaceuticals, for example, vitamins, preservatives and antioxidants;
• Certain filtering materials, for example, mineral substances, vegetable substances and ceramic materials in particulate form.

This Class does not include, in particular:

• Raw natural resins (Cl. 2), semi-processed resins (Cl. 17);
• Chemical preparations for medical or veterinary purposes (Cl. 5);
• Fungicides, herbicides and preparations for destroying vermin (Cl. 5);
• Adhesives for stationery or household purposes (Cl. 16);
• Salt for preserving foodstuffs (Cl. 30);
• Straw mulch (Cl. 31).

 

Class 2

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.

Explanatory note

Class 2 includes mainly paints, colorants and preparations used for protection against corrosion.

This Class includes, in particular:

• Paints, varnishes and lacquers for industry, handicrafts and arts;
• Thinners, thickeners, fixatives and siccatives for paints, varnishes and lacquers;
• Mordants for wood and leather;
• Anti-rust oils and oils for the preservation of wood;
• Dyestuffs for clothing;
• Colorants for foodstuffs and beverages.

This Class does not include, in particular:

• Unprocessed artificial resins (Cl. 1), semi-processed resins (Cl. 17);
• Mordants for metals (Cl. 1);
• Laundry blueing (Cl. 3);
• Cosmetic dyes (Cl. 3);
• Paint boxes (articles for use in school) (Cl. 16);
• Inks for stationery purposes (Cl. 16);
• Insulating paints and varnishes (Cl. 17).

 

Class 3

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.

Explanatory note

Class 3 includes mainly non-medicated toiletry preparations, as well as cleaning preparations for use in the home and other environments.

This Class includes, in particular:

• Sanitary preparations being toiletries;
• Tissues impregnated with cosmetic lotions;
• Deodorants for human beings or for animals;
• Room fragrancing preparations;
• Nail art stickers;
• Polishing wax;
• Sandpaper.

This Class does not include, in particular:

• Ingredients for use in the manufacture of cosmetics, for example, vitamins, preservatives and antioxidants (Cl. 1);
• Degreasing preparations for use in manufacturing processes (Cl. 1);
• Chemical chimney cleaners (Cl. 1);
• Deodorants, other than for human beings or for animals (Cl. 5);
• Medicated shampoos, soaps, lotions and dentifrices (Cl. 5);
• Emery boards, emery files, sharpening stones and grindstones (hand tools) (Cl. 8);
• Cosmetic and cleaning instruments, for example, make-up brushes (Cl. 21), cloths, pads and rags for cleaning (Cl. 21).

Class 4

Industrial oils and greases, wax;
lubricants;
dust absorbing, wetting and binding compositions;
fuels and illuminants;
candles and wicks for lighting.

Explanatory note

Class 4 includes mainly industrial oils and greases, fuels and illuminants.

This Class includes, in particular:

• Oils for the preservation of masonry or of leather;
• Raw wax, industrial wax;
• Electrical energy;
• Motor fuels, biofuels;
• Non-chemical additives for fuels;
• Wood for use as fuel.

This Class does not include, in particular:

• Certain special industrial oils and greases, for example, oils for tanning leather (Cl. 1), oils for the preservation of wood, anti-rust oils and greases (Cl. 2), essential oils (Cl. 3);
• Massage candles for cosmetic purposes (Cl. 3) and medicated massage candles (Cl. 5);
• Certain special waxes, for example, grafting wax for trees (Cl. 1), tailors’ wax, polishing wax, depilatory wax (Cl. 3), dental wax (Cl. 5), sealing wax (Cl. 16);
• Wicks adapted for oil stoves (Cl. 11) and for cigarette lighters (Cl. 34).

Class 5

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 human beings and animals;
plasters, materials for dressings;
material for stopping teeth, dental wax;
disinfectants;
preparations for destroying vermin;
fungicides, herbicides.

Explanatory note

Class 5 includes mainly pharmaceuticals and other preparations for medical or veterinary purposes.

This Class includes, in particular:

• Sanitary preparations for personal hygiene, other than toiletries;
• Diapers for babies and for incontinence;
• Deodorants, other than for human beings or for animals;
• Medicated shampoos, soaps, lotions and dentifrices;
• Dietary supplements intended to supplement a normal diet or to have health benefits;
• Meal replacements and dietetic food and beverages adapted for medical or veterinary use.

This Class does not include, in particular:

• Ingredients for use in the manufacture of pharmaceuticals, for example, vitamins, preservatives and antioxidants (Cl. 1);
• Sanitary preparations being non-medicated toiletries (Cl. 3);
• Deodorants for human beings or for animals (Cl. 3);
• Supportive bandages (Cl. 10);
• Meal replacements and dietetic food and beverages not specified as being for medical or veterinary use, which should be classified in the appropriate food or beverage classes, for example, low-fat potato crisps (Cl. 29), high-protein cereal bars (Cl. 30), isotonic beverages (Cl. 32).

Class 6

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;
safes.

Explanatory note

Class 6 includes mainly unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals.

This Class includes, in particular:

• Metals in foil or powder form for further processing, for example, for 3D printers;
• Metal building materials, for example, materials of metal for railway tracks, pipes and tubes of metal;
• Small items of metal hardware, for example, bolts, screws, nails, furniture casters, window fasteners;
• Transportable buildings or structures of metal, for example, prefabricated houses, swimming pools, cages for wild animals, skating rinks;
• Certain goods made of common metals not otherwise classified by function or purpose, for example, all-purpose boxes of common metal, statues, busts and works of art of common metal.

This Class does not include, in particular:

• Metals and ores used as chemicals in industry or scientific research for their chemical properties, for example, bauxite, mercury, antimony, alkaline and alkaline-earth metals (Cl. 1);
• Metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2);
• Electric cables (Cl. 9) and non-electric cables and ropes, not of metal (Cl. 22);
• Pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses, not of metal (Cl. 17) and rigid pipes, not of metal (Cl. 19);
• Cages for household pets (Cl. 21);
• Certain goods made of common metals that are classified according to their function or purpose, for example, hand tools, hand-operated (Cl. 8), paper clips (Cl. 16), furniture (Cl. 20), kitchen utensils (Cl. 21), household containers (Cl. 21).

Class 7

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.

Explanatory note

Class 7 includes mainly machines and machine tools, motors and engines.

This Class includes, in particular:

• Parts of motors and engines of all kinds, for example, starters, mufflers and cylinders for motors and engines of any type;
• Electric cleaning and polishing apparatus, for example, electric shoe polishers, electric machines and apparatus for carpet shampooing and vacuum cleaners;
• 3D printers;
• Industrial robots;
• Certain special vehicles not for transportation purposes, for example, road sweeping machines, road making machines, bulldozers, snow ploughs, as well as rubber tracks as parts of those vehicles’ crawlers.

This Class does not include, in particular:

• Hand tools and implements, hand-operated (Cl. 8);
• Humanoid robots with artificial intelligence, laboratory robots, teaching robots, security surveillance robots (Cl. 9), surgical robots (Cl. 10), robotic cars (Cl. 12), robotic drums (Cl. 15), toy robots (Cl. 28);
• Motors and engines for land vehicles (Cl. 12);
• Treads for vehicles and tractors (Cl. 12);
• Certain special machines, for example, automated teller machines (Cl. 9), respirators for artificial respiration (Cl. 10), refrigerating apparatus and machines (Cl. 11).

Class 8

Hand tools and implements, hand-operated;
cutlery;
side arms, except firearms;
razors.

Explanatory note

Class 8 includes mainly hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting and piercing.

This Class includes, in particular:

• Hand-operated agricultural, gardening and landscaping tools;
• Hand-operated tools for carpenters, artists and other craftspersons, for example, hammers, chisels and gravers;
• Handles for hand-operated hand tools, such as knives and scythes;
• Electric and non-electric hand implements for personal grooming and body art, for example, razors, implements for hair curling, tattooing, and for manicure and pedicure;
• Hand-operated pumps;
• Table cutlery, such as knives, forks and spoons, including those made of precious metals.

This Class does not include, in particular:

• Machine tools and implements driven by a motor (Cl. 7);
• Surgical cutlery (Cl. 10);
• Pumps for bicycle tyres (Cl. 12), pumps specially adapted for use with balls for games (Cl. 28);
• Side arms being firearms (Cl. 13);
• Paper knives and paper shredders for office use (Cl. 16);
• Handles for objects that are classified in various classes according to their function or purpose, for example, walking stick handles, umbrella handles (Cl. 18), broom handles (Cl. 21);
• Serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles, and kitchen utensils, for example, mixing spoons, pestles and mortars, nutcrackers and spatulas (Cl. 21);
• Fencing weapons (Cl. 28).

Class 9

Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments;
apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity;
apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data;
recorded and downloadable media, computer software, blank digital or analogue recording and storage media;
mechanisms for coin-operated apparatus;
cash registers, calculating devices;
computers and computer peripheral devices;
diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming;
fire-extinguishing apparatus.

Explanatory note

Class 9 includes mainly apparatus and instruments for scientific or research purposes, audiovisual and information technology equipment, as well as safety and life-saving equipment.

This Class includes, in particular:

• Apparatus and instruments for scientific research in laboratories;
• Training apparatus and simulators, for example, resuscitation mannequins, simulators for the steering and control of vehicles;
• Apparatus and instruments for controlling and monitoring aircraft, watercraft and unmanned vehicles, for example, navigational instruments, transmitters, compasses for measuring, GPS apparatus, automatic steering apparatus for vehicles;
• Safety and security apparatus and instruments, for example, safety nets, signalling lights, traffic-light apparatus, fire engines, sound alarms, security tokens being encryption devices;
• Clothing that protects against serious or life-threatening injuries, for example, clothing for protection against accidents, irradiation and fire, bullet-proof clothing, protective helmets, head guards for sports, mouth guards for sports, protective suits for aviators, knee-pads for workers;
• Optical apparatus and instruments, for example, eyeglasses, contact lenses, magnifying glasses, mirrors for inspecting work, peepholes;
• Magnets;
• Smartwatches, wearable activity trackers;
• Joysticks for use with computers, other than for video games, virtual reality headsets, smartglasses;
• Eyeglass cases, cases for smartphones, cases especially made for photographic apparatus and instruments;
• Automated teller machines, invoicing machines, material testing instruments and machines;
• Batteries and chargers for electronic cigarettes;
• Electric and electronic effects units for musical instruments;
• Laboratory robots, teaching robots, security surveillance robots, humanoid robots with artificial intelligence.

This Class does not include, in particular:

• Joysticks being parts of machines, other than for game machines (Cl. 7), vehicle joysticks (Cl. 12), joysticks for video games, controllers for toys and game consoles (Cl. 28);
• Coin-operated apparatus that are classified in various classes according to their function or purpose, for example, coin-operated washing machines (Cl. 7), coin‑operated billiard tables (Cl. 28);
• Industrial robots (Cl. 7), surgical robots (Cl. 10), toy robots (Cl. 28);
• Pulse meters, heart rate monitoring apparatus, body composition monitors (Cl. 10);
• Laboratory lamps, laboratory burners (Cl. 11);
• Diving lights (Cl. 11);
• Explosive fog signals, signal rocket flares (Cl. 13);
• Histological sections for teaching purposes, biological samples for use in microscopy as teaching materials (Cl. 16);
• Clothing and equipment worn for the practice of certain sports, for example, protective paddings being parts of sports suits, fencing masks, boxing gloves (Cl. 28).

Class 10

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.

Explanatory note

Class 10 includes mainly surgical, medical, dental and veterinary apparatus, instruments and articles generally used for the diagnosis, treatment or improvement of function or condition of persons and animals.

This Class includes, in particular:

• Supportive bandages and special clothing for medical purposes, for example, compression garments, stockings for varices, strait jackets, orthopaedic footwear;
• Articles, instruments and devices for menstruation, contraception and childbirth, for example, menstrual cups, pessaries, condoms, childbirth mattresses, forceps;
• Therapeutic and prosthetic articles and devices for implantation composed of artificial or synthetic materials, for example, surgical implants composed of artificial materials, artificial breasts, brain pacemakers, biodegradable bone fixation implants;
• Furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables.

This Class does not include, in particular:

• Medical dressings and absorbent sanitary articles, for example, plasters, bandages and gauze for dressings, breast-nursing pads, diapers for babies and for incontinence, tampons (Cl. 5);
• Surgical implants comprised of living tissue (Cl. 5);
• Tobacco-free cigarettes for medical purposes (Cl. 5) and electronic cigarettes (Cl. 34);
• Wheelchairs and mobility scooters (Cl. 12);
• Massage tables and hospital beds (Cl. 20).

Class 11

Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

Explanatory note

Class 11 includes mainly environmental control apparatus and installations, in particular, for the purposes of lighting, cooking, cooling and sanitizing.

This Class includes, in particular:

• Air-conditioning apparatus and installations;
• Ovens, other than for laboratory use, for example, dental ovens, microwave ovens, bakers’ ovens;
• Stoves being heating apparatus;
• Solar thermal collectors;
• Chimney flues, chimney blowers, hearths, domestic fireplaces;
• Sterilizers, incinerators;
• Lighting apparatus and installations, for example, luminous tubes for lighting, searchlights, safety lights, luminous house numbers, vehicle reflectors, lights for vehicles;
• Lamps, for example, electric lamps, gas lamps, laboratory lamps, oil lamps, street lamps, safety lamps;
• Tanning apparatus being sun beds;
• Bath installations, bath fittings, bath plumbing fixtures;
• Toilets, urinals;
• Fountains, chocolate fountains;
• Electrically heated pads, cushions and blankets, not for medical purposes;
• Hot water bottles;
• Electrically heated clothing;
• Electric appliances for making yogurt, bread-making machines, coffee machines, ice-cream making machines;
• Ice machines and apparatus.

This Class does not include, in particular:

• Steam producing apparatus being parts of machines (Cl. 7);
• Air condensers (Cl. 7);
• Current generators, generators of electricity (Cl. 7);
• Soldering lamps (Cl. 7), optical lamps, darkroom lamps (Cl. 9), lamps for medical purposes (Cl. 10);
• Ovens for laboratory use (Cl. 9);
• Photovoltaic cells (Cl. 9);
• Signalling lights (Cl. 9);
• Electrically heated pads, cushions and blankets, for medical purposes (Cl. 10);
• Portable baby baths (Cl. 21);
• Non-electric portable coolers (Cl. 21);
• Cooking utensils that do not have an integrated heat source, for example, non-electric griddles and grills, non-electric waffle irons, non-electric pressure cookers (Cl. 21);
• Footmuffs, not electrically heated (Cl. 25).

Class 12

Vehicles;
apparatus for locomotion by land, air or water.

Explanatory note

Class 12 includes mainly vehicles and apparatus for the transport of people or goods by land, air or water.

This Class includes, in particular:

• Motors and engines for land vehicles;
• Couplings and transmission components for land vehicles;
• Air cushion vehicles;
• Remote control vehicles, other than toys;
• Parts of vehicles, for example, bumpers, windscreens, steering wheels, tyres for vehicle wheels, as well as treads for vehicles.

This Class does not include, in particular:

• Railway material of metal (Cl. 6);
• Motors, engines, couplings and transmission components, other than for land vehicles (Cl. 7);
• Parts of all kinds of motors and engines, for example, starters, mufflers and cylinders for motors and engines (Cl. 7);
• Rubber tracks being parts of crawlers on construction, mining, agricultural and other heavy-duty machines (Cl. 7);
• Tricycles for infants and scooters, being toys (Cl. 28);
• Certain special vehicles or wheeled apparatus not for transportation purposes, for example, self-propelled road sweeping machines (Cl. 7), fire engines (Cl. 9), tea carts (Cl. 20);
• Certain parts of vehicles, for example, electric batteries, mileage recorders and radios for vehicles (Cl. 9), lights for automobiles and bicycles (Cl. 11), automobile carpets (Cl. 27).

Class 13

Firearms;
ammunition and projectiles;
explosives;
fireworks.

Explanatory note

Class 13 includes mainly firearms and pyrotechnic products.

This Class includes, in particular:

• Rescue flares, explosive or pyrotechnic;
• Flare pistols;
• Sprays for personal defence purposes;
• Explosive fog signals, signal rocket flares;
• Air pistols being weapons;
• Bandoliers for weapons;
• Sporting firearms, hunting firearms.

This Class does not include, in particular:

• Grease for weapons (Cl. 4);
• Blades being weapons (Cl. 8);
• Side arms, other than firearms (Cl. 8);
• Non-explosive fog signals, rescue laser signalling flares (Cl. 9);
• Telescopic sights for firearms (Cl. 9);
• Flaming torches (Cl. 11);
• Christmas crackers (Cl. 28);
• Percussion caps being toys (Cl. 28);
• Toy air pistols (Cl. 28);
• Matches (Cl. 34).

Class 14

Precious metals and their alloys;
jewellery, precious and semi-precious stones;
horological and chronometric instruments.

Explanatory note

Class 14 includes mainly precious metals and certain goods made of precious metals or coated therewith, as well as jewellery, clocks and watches, and component parts therefor.

This Class includes, in particular:

• Jewellery, including imitation jewellery, for example, paste jewellery;
• Cuff links, tie pins, tie clips;
• Key rings, key chains and charms therefor;
• Jewellery charms;
• Jewellery boxes;
• Component parts for jewellery, clocks and watches, for example, clasps and beads for jewellery, movements for clocks and watches, clock hands, watch springs, watch crystals.

This Class does not include, in particular:

• Smartwatches (Cl. 9);
• Charms, other than for jewellery, key rings or key chains (Cl. 26);
• Objects of art not made of precious metals or coated therewith that are classified according to the material of which they are made, for example, works of art of metal (Cl. 6), of stone, concrete or marble (Cl. 19), of wood, wax, plaster or plastic (Cl. 20), of porcelain, ceramic, earthenware, terra-cotta or glass (Cl. 21);
• Certain goods made of precious metals or coated therewith that are classified according to their function or purpose, for example, metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2), dental amalgams of gold (Cl. 5), cutlery (Cl. 8), electric contacts (Cl. 9), pen nibs of gold (Cl. 16), teapots (Cl. 21), gold and silver embroidery (Cl. 26), cigar boxes (Cl. 34).

Class 15

Musical instruments;
music stands and stands for musical instruments;
conductors’ batons.

Explanatory note

Class 15 includes mainly musical instruments, their parts and their accessories.

This Class includes, in particular:

• Mechanical musical instruments and their accessories, for example, barrel organs, mechanical pianos, intensity regulators for mechanical pianos, robotic drums;
• Musical boxes;
• Electrical and electronic musical instruments;
• Strings, reeds, pegs and pedals for musical instruments;
• Tuning forks, tuning hammers;
• Colophony (rosin) for stringed musical instruments.

This Class does not include, in particular:

• Apparatus for the recording, transmission, amplification and reproduction of sound, for example, electric and electronic effects units for musical instruments, wah-wah pedals, audio interfaces, audio mixers, equalisers being audio apparatus, subwoofers (Cl. 9);
• Downloadable music files (Cl. 9);
• Downloadable electronic sheet music (Cl. 9), printed sheet music (Cl. 16);
• Juke boxes, musical (Cl. 9);
• Metronomes (Cl. 9);
• Musical greeting cards (Cl. 16).

Class 16

Paper and cardboard;
printed matter;
bookbinding material;
photographs;
stationery and office requisites, except furniture;
adhesives for stationery or household purposes;
drawing materials and materials for artists;
paintbrushes;
instructional and teaching materials;
plastic sheets, films and bags for wrapping and packaging;
printers’ type, printing blocks.

Explanatory note

Class 16 includes mainly paper, cardboard and certain goods made of those materials, as well as office requisites.

This Class includes, in particular:

• Paper knives and paper cutters;
• Cases, covers and devices for holding or securing paper, for example, document files, money clips, holders for cheque books, paper-clips, passport holders, scrapbooks;
• Certain office machines, for example, typewriters, duplicators, franking machines for office use, pencil sharpeners;
• Painting articles for use by artists and interior and exterior painters, for example, artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays;
• Certain disposable paper products, for example, bibs, handkerchiefs and table linen of paper;
• Certain goods made of paper or cardboard not otherwise classified by function or purpose, for example, paper bags, envelopes and containers for packaging, statues, figurines and works of art of paper or cardboard, such as figurines of papier mâché, framed or unframed lithographs, paintings and watercolours.

This Class does not include, in particular:

• Paints (Cl. 2);
• Hand tools for artists, for example, spatulas, sculptors’ chisels (Cl. 8);
• Teaching apparatus, for example, audiovisual teaching apparatus, resuscitation mannequins (Cl. 9), and toy models (Cl. 28);
• Certain goods made of paper or cardboard that are classified according to their function or purpose, for example, photographic paper (Cl. 1), abrasive paper (Cl. 3), paper blinds (Cl. 20), table cups and plates of paper (Cl. 21), bed linen of paper (Cl. 24), paper clothing (Cl. 25), cigarette paper (Cl. 34).

Class 17

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.

Explanatory note

Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain goods made of rubber, gutta-percha, gum, asbestos, mica or substitutes therefor.

This Class includes, in particular:

• Rubber material for recapping tyres;
• Floating anti-pollution barriers;
• Adhesive tapes, other than stationery and not for medical or household purposes;
• Plastic films, other than for wrapping and packaging, for example, anti-dazzle films for windows;
• Elastic threads and threads of rubber or plastic, not for textile use;
• Certain goods made of the materials in this class not otherwise classified by function or purpose, for example, foam supports for flower arrangements, padding and stuffing materials of rubber or plastics, rubber stoppers, shock-absorbing buffers of rubber, rubber bags or envelopes for packaging.

This Class does not include, in particular:

• Fire hose (Cl. 9);
• Pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and not of metal (Cl. 19);
• Insulating glass for building (Cl. 19);
• Certain goods made of the materials in this class that are classified according to their function or purpose, for example, gum resins (Cl. 2), rubber for dental purposes (Cl. 5), asbestos screens for firemen (Cl. 9), adhesive rubber patches for repairing inner tubes (Cl. 12), rubber erasers (Cl. 16).

Class 18

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.

Explanatory note

Class 18 includes mainly leather, imitations of leather and certain goods made of those materials.

This Class includes, in particular:

• Luggage and carrying bags, for example, suitcases, trunks, travelling bags, sling bags for carrying infants, school bags;
• Luggage or baggage tags;
• Business card cases and pocket wallets;
• Boxes and cases of leather or leatherboard.

This Class does not include, in particular:

• Walking sticks or canes for medical purposes (Cl. 10);
• Clothing, footwear and headwear of leather for human beings (Cl. 25);
• Bags and cases adapted to the product they are intended to contain, for example, bags adapted for laptops (Cl. 9), bags and cases for cameras and photographic equipment (Cl. 9), cases for musical instruments (Cl. 15), golf bags with or without wheels, bags especially designed for skis and surfboards (Cl. 28);
• Certain goods made of leather, imitations of leather, animal skins and hides that are classified according to their function or purpose, for example, leather strops (Cl. 8), polishing leather (Cl. 21), chamois leather for cleaning (Cl. 21), leather belts for clothing (Cl. 25).

Class 19

Materials, not of metal, for building and construction;
rigid pipes, not of metal, for building;
asphalt, pitch, tar and bitumen;
transportable buildings, not of metal;
monuments, not of metal.

Explanatory note

Class 19 includes mainly materials, not of metal, for building and construction.

This Class includes, in particular:

• Semi-worked woods for use in building, for example, beams, planks, panels;
• Wood veneers;
• Building glass, for example, glass tiles, insulating glass for building, safety glass;
• Glass granules for marking out roads;
• Granite, marble, gravel;
• Terra-cotta for use as a building material;
• Roofing, not of metal, incorporating photovoltaic cells;
• Gravestones and tombs, not of metal;
• Statues, busts and works of art of stone, concrete or marble;
• Letter boxes of masonry;
• Geotextiles;
• Coatings being building materials;
• Scaffolding, not of metal;
• Transportable buildings or structures, not of metal, for example, aquaria, aviaries, flagpoles, porches, swimming pools.

This Class does not include, in particular:

• Cement preservatives, cement-waterproofing preparations (Cl. 1);
• Tireproofing preparations (Cl. 1);
• Wood preservatives (Cl. 2);
• Oils for releasing form work for building (Cl. 4);
• Letter boxes of metal (Cl. 6) and not of metal or masonry (Cl. 20);
• Statues, busts and works of art of common metal (Cl. 6), of precious metal (Cl. 14), of wood, wax, plaster or plastic (Cl. 20), of porcelain, ceramic, earthenware, terra-cotta or glass (Cl. 21);
• Certain pipes, not of metal, not for building, for example, pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses, not of metal (Cl. 17);
• Substances for insulating buildings against moisture (Cl. 17);
• Glass for vehicle windows (semi-finished product) (Cl. 21);
• Birdcages (Cl. 21);
• Mats and matting, linoleum and other materials for covering existing floors (Cl. 27);
• Unsawn or undressed timber (Cl. 31).

Class 20

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.

Explanatory note

Class 20 includes mainly furniture and parts therefor, as well as certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic.

This Class includes, in particular:

• Metal furniture, furniture for camping, gun racks, newspaper display stands;
• Indoor window blinds and shades;
• Bedding, for example, mattresses, bed bases, pillows;
• Looking glasses, furniture and toilet mirrors;
• Registration plates, not of metal;
• Small items of non-metallic hardware, for example, bolts, screws, dowels, furniture casters, collars for fastening pipes;
• Letter boxes, not of metal or masonry.

This Class does not include, in particular:

• Special furniture for laboratories (Cl. 9) or for medical use (Cl. 10);
• Outdoor blinds of metal (Cl. 6), not of metal and not of textile (Cl. 19), of textile (Cl. 22);
• Bed linen, eiderdowns and sleeping bags (Cl. 24);
• Certain mirrors for specific uses, for example, mirrors used in optical goods (Cl. 9), mirrors used in surgery or dentistry (Cl. 10), rearview mirrors (Cl. 12), sighting mirrors for guns (Cl. 13);
• Certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic, that are classified according to their function or purpose, for example, beads for making jewellery (Cl. 14), wooden floor boards (Cl. 19), baskets for domestic use (Cl. 21), plastic cups (Cl. 21), reed mats (Cl. 27).

Class 21

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.

Explanatory note

Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use, as well as cosmetic and toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware, terra-cotta or glass.

This Class includes, in particular:

• Household and kitchen utensils, for example, fly swatters, clothes-pegs, mixing spoons, basting spoons and corkscrews, as well as serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles;
• Household, kitchen and cooking containers, for example, vases, bottles, piggy banks, pails, cocktail shakers, cooking pots and pans, and non-electric kettles and pressure cookers;
• Small hand-operated kitchen apparatus for mincing, grinding, pressing or crushing, for example, garlic presses, nutcrackers, pestles and mortars;
• Dish stands and decanter stands;
• Cosmetic and toilet utensils, for example, electric and non-electric combs and toothbrushes, dental floss, foam toe separators for use in pedicures, powder puffs, fitted vanity cases;
• Gardening articles, for example, gardening gloves, window-boxes, watering cans and nozzles for watering hose;
• Indoor aquaria, terrariums and vivariums.

This Class does not include, in particular:

• Cleaning preparations (Cl. 3);
• Containers for storage and transport of goods, of metal (Cl. 6), not of metal (Cl. 20);
• Small apparatus for mincing, grinding, pressing or crushing, which are driven by electricity (Cl. 7);
• Razors and shaving apparatus, hair and nail clippers, electric and non-electric implements for manicure and pedicure, for example, manicure sets, emery boards, cuticle nippers (Cl. 8);
• Table cutlery (Cl. 8) and hand-operated cutting tools for kitchen use, for example, vegetable shredders, pizza cutters, cheese slicers (Cl. 8);
• Lice combs, tongue scrapers (Cl. 10);
• Cooking utensils, electric (Cl. 11);
• Toilet mirrors (Cl. 20);
• Certain goods made of glass, porcelain and earthenware that are classified according to their function or purpose, for example, porcelain for dental prostheses (Cl. 5), spectacle lenses (Cl. 9), glass wool for insulation (Cl. 17), earthenware tiles (Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 22).

Class 22

Ropes and string;
nets;
tents and tarpaulins;
awnings of textile or synthetic materials;
sails;
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.

Explanatory note

Class 22 includes mainly canvas and other materials for making sails, rope, padding, cushioning and stuffing materials and raw fibrous textile materials.

This Class includes, in particular:

• Cords and twines made of natural or artificial textile fibres, paper or plastics;
• Fishing nets, hammocks, rope ladders;
• Vehicle covers, not fitted;
• Certain sacks and bags not otherwise classified by function or purpose, for example, mesh bags for washing laundry, body bags, mail bags;
• Packaging bags of textile;
• Animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or treated wool, raw silk.

This Class does not include, in particular:

• Metal ropes (Cl. 6);
• Strings for musical instruments (Cl. 15) and for sports rackets (Cl. 28);
• Padding and stuffing materials of paper or cardboard (Cl. 16), rubber or plastics (Cl. 17) ;
• Certain nets and bags that are classified according to their function or purpose, for example, safety nets (Cl. 9), luggage nets for vehicles (Cl. 12), garment bags for travel (Cl. 18), hair nets (Cl. 26), golf bags (Cl. 28), nets for sports (Cl. 28);
• Packaging bags, not of textile, which are classified according to the material of which they are made, for example, packaging bags of paper or plastics (Cl. 16), of rubber (Cl. 17), of leather (Cl. 18).

Class 23

Yarns and threads for textile use.

Explanatory note

Class 23 includes mainly natural or synthetic yarns and threads for textile use.

This Class includes, in particular:

• Fibreglass, elastic, rubber and plastic threads for textile use;
• Threads for embroidery, darning and sewing, including those of metal;
• Spun silk, spun cotton, spun wool.

This Class does not include, in particular:

• Certain threads for specific uses, for example, identification threads for electric wires (Cl. 9), surgical thread (Cl. 10), threads of precious metal being jewellery (Cl. 14);
• Threads, other than for textile use, that are classified according to the material of which they are made, for example, threads for binding of metal (Cl. 6) and not of metal (Cl. 22), elastic threads, threads of rubber or plastic (Cl. 17), fibreglass threads (Cl. 21).

Class 24

Textiles and substitutes for textiles;
household linen;
curtains of textile or plastic.

Explanatory note

Class 24 includes mainly fabrics and fabric covers for household use.

This Class includes, in particular:

• Household linen, for example, bedspreads, pillow shams, towels of textile;
• Bed linen of paper;
• Sleeping bags, sleeping bag liners;
• Mosquito nets.

This Class does not include, in particular:

• Electrically heated blankets, for medical purposes (Cl. 10) and not for medical purposes (Cl. 11);
• Table linen of paper (Cl. 16);
• Asbestos safety curtains (Cl. 17), bamboo curtains and bead curtains for decoration (Cl. 20);
• Horse blankets (Cl. 18);
• Certain textiles and fabrics for specific uses, for example, fabrics for bookbinding (Cl. 16), insulating fabrics (Cl. 17), geotextiles (Cl. 19).

Class 25

Clothing, footwear, headwear.

Explanatory note

Class 25 includes mainly clothing, footwear and headwear for human beings.

This Class includes, in particular:

• Parts of clothing, footwear and headwear, for example, cuffs, pockets, ready-made linings, heels and heelpieces, cap peaks, hat frames (skeletons);
• Clothing and footwear for sports, for example, ski gloves, sports singlets, cyclists’ clothing, judo and karate uniforms, football shoes, gymnastic shoes, ski boots;
• Masquerade costumes;
• Paper clothing, paper hats for use as clothing;
• Bibs, not of paper;
• Pocket squares;
• Footmuffs, not electrically heated.

This Class does not include, in particular:

• Small items of hardware used in shoemaking, for example, shoe pegs and shoe dowels of metal (Cl. 6) and not of metal (Cl. 20), as well as haberdashery accessories and fastenings for clothing, footwear and headwear, for example, clasps, buckles, zippers, ribbons, hatbands, hat and shoe trimmings (Cl. 26);
• Certain clothing, footwear and headwear for special use, for example, protective helmets, including for sports (Cl. 9), clothing for protection against fire (Cl. 9), clothing especially for operating rooms (Cl. 10), orthopaedic footwear (Cl. 10), as well as clothing and footwear that are essential for the practice of certain sports, for example, baseball gloves, boxing gloves, ice skates, skating boots with skates attached (Cl. 28);
• Electrically heated clothing (Cl. 11);
• Electrically heated footmuffs (Cl. 11), fitted footmuffs for pushchairs and prams (Cl. 12);
• Bibs of paper (Cl. 16);
• Handkerchiefs of paper (Cl. 16) and of textile (Cl. 24);
• Clothing for animals (Cl. 18);
• Carnival masks (Cl. 28);
• Dolls’ clothes (Cl. 28);
• Paper party hats (Cl. 28).

Class 26

Lace, braid and embroidery, and haberdashery ribbons and bows;
buttons, hooks and eyes, pins and needles;
artificial flowers;
hair decorations;
false hair.

Explanatory note

Class 26 includes mainly dressmakers’ articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes.

This Class includes, in particular:

• Wigs, toupees, false beards;
• Barrettes, hair bands;
• Ribbons and bows being haberdashery or used as hair decorations, made of any material;
• Ribbons and bows for gift wrapping, not of paper;
• Hair nets;
• Buckles, zippers;
• Charms, other than for jewellery, key rings or key chains;
• Artificial Christmas garlands and wreaths, including those incorporating lights;
• Certain articles for curling hair, for example, electric and non-electric hair curlers, other than hand implements, hair curling pins, hair curling paper.

This Class does not include, in particular:

• False eyelashes (Cl. 3);
• Hooks being small items of metal hardware (Cl. 6) or non-metallic hardware (Cl. 20), curtain hooks (Cl. 20);
• Certain special types of needles, for example, tattoo needles (Cl. 8), needles for surveying compasses (Cl. 9), needles for medical purposes (Cl. 10), needles for pumps for inflating balls for games (Cl. 28);
• Hand implements for curling hair, for example, curling tongs, eyelash curlers (Cl. 8);
• Hair prostheses (Cl. 10);
• Jewellery charms, charms for key rings or key chains (Cl. 14);
• Certain ribbons and bows, for example, paper ribbons and bows, other than haberdashery or hair decorations (Cl. 16), rhythmic gymnastics ribbons (Cl. 28);
• Yarns and threads for textile use (Cl. 23);
• Christmas trees of synthetic material (Cl. 28).

Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors;
wall hangings, not of textile.

Explanatory note

Class 27 includes mainly products intended to be added as coverings to previously constructed floors and walls.

This Class includes, in particular:

• Automobile carpets;
• Mats being floor coverings, for example, bath mats, door mats, gymnastic mats, yoga mats;
• Artificial turf;
• Wallpaper, including textile wallpaper.

This Class does not include, in particular:

• Floors, floorings and floor tiles of metal (Cl. 6) and not of metal (Cl. 19), wooden floor boards (Cl. 19);
• Clectrically heated carpets (Cl. 11);
• Geotextiles (Cl. 19);
• Mats for infant playpens (Cl. 20);
• Wall hangings of textile (Cl. 24).

Class 28

Games, toys and playthings;
video game apparatus;
gymnastic and sporting articles;
decorations for Christmas trees.

Explanatory note

Class 28 includes mainly toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees.

This Class includes, in particular:

• Amusement and game apparatus, including controllers therefor;
• Novelty toys for playing jokes and for parties, for example, carnival masks, paper party hats, confetti, party poppers and Christmas crackers;
• Hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, hunting game calls;
• Equipment for various sports and games.

This Class does not include, in particular:

• Christmas tree candles (Cl. 4), electric lights for Christmas trees (Cl. 11), confectionery and chocolate decorations for Christmas trees (Cl. 30);
• Diving equipment (Cl. 9);
• Sex toys and love dolls (Cl. 10);
• Clothing for gymnastics and sports (Cl. 25);
• Certain gymnastic and sporting articles, for example, protective helmets, goggles and mouthguards for sports (Cl. 9), sporting firearms (Cl. 13), gymnasium mats (Cl. 27), as well as certain fishing and hunting equipment, for example, hunting knives, harpoons (Cl. 8), hunting firearms (Cl. 13), fishing nets (Cl. 22), that are classified according to other functions or purposes.

Class 29

Meat, fish, poultry and game;
meat extracts;
preserved, frozen, dried and cooked fruits and vegetables;
jellies, jams, compotes;
eggs;
milk, cheese, butter, yoghurt and other milk products;
oils and fats for food.

Explanatory note

Class 29 includes mainly foodstuffs of animal origin, as well as vegetables and other horticultural comestible products which are prepared or preserved for consumption.

This Class includes, in particular:

• Meat-, fish-, fruit- or vegetable-based food;
• Edible insects;
• Milk beverages with milk predominating;
• Milk substitutes, for example, almond milk, coconut milk, peanut milk, rice milk, soya milk;
• Preserved mushrooms;
• Pulses and nuts prepared for human consumption;
• Seeds prepared for human consumption, not being seasonings or flavourings.

This Class does not include, in particular:

• Oils and fats, other than for food, for example, essential oils (Cl. 3), industrial oil (Cl. 4), castor oil for medical purposes (Cl. 5);
• Baby food (Cl. 5);
• Dietetic food and substances adapted for medical use (Cl. 5);
• Dietary supplements (Cl. 5);
• Salad dressings (Cl. 30);
• Processed seeds for use as a seasoning (Cl. 30);
• Chocolate-coated nuts (Cl. 30);
• Fresh and unprocessed fruits, vegetables, nuts and seeds (Cl. 31);
• Foodstuffs for animals (Cl. 31);
• Live animals (Cl. 31);
• Seeds for planting (Cl. 31).

 

Class 30

Coffee, tea, cocoa and artificial coffee;
rice, pasta and noodles;
tapioca and sago;
flour and preparations made from cereals;
bread, pastries and confectionery;
chocolate;
ice cream, sorbets and other edible ices;
sugar, honey, treacle;
yeast, baking-powder;
salt, seasonings, spices, preserved herbs;
vinegar, sauces and other condiments;
ice (frozen water).

Explanatory note

Class 30 includes mainly foodstuffs of plant origin, except fruits and vegetables, prepared or preserved for consumption, as well as auxiliaries intended for the improvement of the flavour of food.

This Class includes, in particular:

• Beverages with coffee, cocoa, chocolate or tea base;
• Cereals prepared for human consumption, for example, oat flakes, corn chips, husked barley, bulgur, muesli;
• Pizza, pies, sandwiches;
• Chocolate-coated nuts;
• Flavourings, other than essential oils, for beverages.

This Class does not include, in particular:

• Salt for industrial purposes (Cl. 1);
• Food flavourings being essential oils (Cl. 3);
• Medicinal teas and dietetic food and substances adapted for medical use (Cl. 5);
• Baby food (Cl. 5);
• Dietary supplements (Cl. 5);
• Yeast for pharmaceutical purposes (Cl. 5), yeast for animal consumption (Cl. 31);
• Milk beverages flavoured with coffee, cocoa, chocolate or tea (Cl. 29);
• Soups, bouillon (Cl. 29);
• Raw cereals (Cl. 31);
• Fresh herbs (Cl. 31);
• Foodstuffs for animals (Cl. 31).

 

Class 31

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;
malt.

Explanatory note

Class 31 includes mainly land and sea products not having been subjected to any form of preparation for consumption, live animals and plants as well as food­stuffs for animals.

This Class includes, in particular:

• Unprocessed cereals;
• Fresh fruits and vegetables, even after washing or waxing;
• Plant residue;
• Unprocessed algae;
• Unsawn timber;
• Fertilised eggs for hatching;
• Fresh mushrooms and truffles;
• Litter for animals, for example, aromatic sand, sanded paper for pets.

This Class does not include, in particular:

• Cultures of micro-organisms and leeches for medical purposes (Cl. 5);
• Dietary supplements for animals and medicated animal feed (Cl. 5);
• Semi-worked woods (Cl. 19);
• Artificial fishing bait (Cl. 28);
• Rice (Cl. 30);
• Tobacco (Cl. 34).

Class 32

Beers;
non-alcoholic beverages;
mineral and aerated waters;
fruit beverages and fruit juices;
syrups and other non-alcoholic preparations for making beverages.

Explanatory note

Class 32 includes mainly non-alcoholic beverages, as well as beer.

This Class includes, in particular:

• De-alcoholised beverages;
• Soft drinks;
• Rice-based and soya-based beverages, other than milk substitutes;
• Energy drinks, isotonic beverages, protein-enriched sports beverages;
• Non-alcoholic essences and fruit extracts for making beverages.

This Class does not include, in particular:

• Flavourings for beverages being essential oils (Cl. 3) or other than essential oils (Cl. 30);
• Dietetic beverages adapted for medical purposes (Cl. 5);
• Milk beverages with milk predominating, milk shakes (Cl. 29);
• Milk substitutes, for example, almond milk, coconut milk, peanut milk, rice milk, soya milk (Cl. 29);
• Lemon juice for culinary purposes, tomato juice for cooking (Cl. 29);
• Beverages with coffee, cocoa, chocolate or tea base (Cl. 30);
• Beverages for pets (Cl. 31);
• Alcoholic beverages, except beer (Cl. 33).

Class 33

Alcoholic beverages, except beers;
alcoholic preparations for making beverages.

Explanatory note

Class 33 includes mainly alcoholic beverages, essences and extracts.

This Class includes, in particular:

• Wines, fortified wines;
• Alcoholic cider, perry;
• Spirits, liqueurs;
• Alcoholic essences, alcoholic fruit extracts, bitters.

This Class does not include, in particular:

• Medicinal beverages (Cl. 5);
• De-alcoholised beverages (Cl. 32);
• Beers (Cl. 32);
• Non-alcoholic mixers used to make alcoholic beverages, for example, soft drinks, soda water (Cl. 32).

 

Class 34

Tobacco and tobacco substitutes;
cigarettes and cigars;
electronic cigarettes and oral vaporizers for smokers;
smokers’ articles;
matches.

Explanatory note

Class 34 includes mainly tobacco and articles used for smoking, as well as certain accessories and containers related to their use.

This Class includes, in particular:

• Tobacco substitutes, not for medical purposes;
• Flavourings, other than essential oils, for use in electronic cigarettes, oral vaporizers for smokers;
• Herbs for smoking;
• Snuff;
• Certain accessories and containers related to the use of tobacco and articles for smoking, for example, lighters for smokers, ashtrays for smokers, tobacco jars, snuff boxes, cigar humidors.

This Class does not include, in particular:

• Tobacco-free cigarettes for medical purposes (Cl. 5);
• Batteries and chargers for electronic cigarettes (Cl. 9);
• Ashtrays for automobiles (Cl. 12).

 

Class 35

Advertising;
business management;
business administration;
office functions.

Explanatory note

Class 35 includes mainly services rendered by persons or organizations principally with the object of:

1. help in the working or management of a commercial undertaking, or
2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise,

as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.

This Class includes, in particular:

• The bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods;  such services may be provided by retail stores, wholesale outlets, through vending machines, mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes;
• Services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;
• Services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples.  This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.

This Class does not include, in particular: services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).

Class 36

Insurance;
financial affairs;
monetary affairs;
real estate affairs.

Explanatory note

Class 36 includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.

This Class includes, in particular:

• Services relating to financial or monetary affairs comprise the following:

1. services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services;
2. services of credit institutions other than banks such as co-operative credit associations, individual financial companies, lenders, etc.;
3. services of “investment trusts,” of holding companies;
4. services of brokers dealing in shares and property;
5. services connected with monetary affairs vouched for by trustees;
6. services rendered in connection with the issue of travellers’ cheques and letters of credit;

• Hire- or lease-purchase financing;
• Services of realty administrators of buildings, i.e., services of letting or valuation, or financing;
• Services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.

Class 37

Building construction;
repair;
installation services.

Explanatory note

Class 37 includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties.

This Class includes, in particular:

• Services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers;
• Services auxiliary to construction services like inspections of construction plans;
• Services of shipbuilding;
• Services consisting of hiring of tools or building materials;
• Repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition);
• Various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.;
• Services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Class 40 see the Explanatory Note of Class 40).

This Class does not include, in particular:

• Services consisting of storage of goods such as clothes or vehicles (Cl. 39);
• Services connected with dyeing of cloth or clothes (Cl. 40).

Class 38

Telecommunications.

Explanatory note

Class 38 includes mainly services allowing at least one person to communicate with another by a sensory means.  Such services include those which:

1. allow one person to talk to another,
2. transmit messages from one person to another, and
3. place a person in oral or visual communication with another (radio and television).

This Class includes, in particular: services which consist essentially of the diffusion of radio or television programmes.

This Class does not include, in particular:

• Radio advertising services (Cl. 35);
• Telephone marketing (telemarketing) services (Cl. 35).

Class 39

Transport;
packaging and storage of goods;
travel arrangement.

Explanatory note

Class 39 includes mainly services for the transport of people, animals or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding.

This Class includes, in particular:

• Services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter;
• Services connected with the hiring of transport vehicles;
• Services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes;
• Services connected with the packaging and parcelling of goods before dispatch;
• Services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport;
• Services relating to the inspection of vehicles or goods before transport.

This Class does not include, in particular:

• Services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35);
• Services relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36);
• Services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36);
• Services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37);
• Services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 43).

Class 40

Treatment of materials.

Explanatory note

Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services.  For the purposes of classification, the production or manufacturing of goods is considered a service only in cases where it is effected for the account of another person to their order and specification.  If the production or manufacturing is not being performed to fulfil an order for goods which meet the customer’s particular needs, requirements, or specifications, then it is generally ancillary to the maker’s primary commercial activity or goods in trade.  If the substance or object is marketed to third parties by the person who processed, transformed or produced it, then this would generally not be considered a service.

This Class includes, in particular:

• Services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment);  consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);
• Services of material treatment which may be present during the production of any substance or object other than a building, for example, services which involve cutting, shaping, polishing by abrasion or metal coating;
• The custom manufacturing of goods to the order and specification of others (bearing in mind that certain offices require that the goods produced be indicated), for example, custom manufacturing of automobiles.

This Class does not include, in particular:

• Repair services (Cl. 37);
• Certain customization services, for example, the custom painting of automobiles (Cl. 37).

Class 41

Education;
providing of training;
entertainment;
sporting and cultural activities.

Explanatory note

Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.

This Class includes, in particular:

• Services consisting of all forms of education of persons or training of animals;
• Services having the basic aim of the entertainment, amusement or recreation of people;
• Presentation of works of visual art or literature to the public for cultural or educational purposes.

Class 42

Scientific and technological services and research and design relating thereto;
industrial analysis and industrial research services;
design and development of computer hardware and software.

Explanatory note

Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities;  such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc.

This Class includes, in particular:

• The services of engineers and scientists who undertake evaluations, estimates, research and reports in the scientific and technological fields (including technological consultancy);
• Computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information;
• Scientific research services for medical purposes.

This Class does not include, in particular:

• Business research and evaluations (Cl. 35);
• Word processing and computer file management services (Cl. 35);
• Financial and fiscal evaluations (Cl. 36);
• Mining and oil extraction (Cl. 37);
• Computer (hardware) installation and repair services (Cl. 37);
• Services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
• Medical treatment services (Cl. 44);
• Garden design (Cl. 44);
• Legal services (Cl. 45).

Class 43

Services for providing food and drink;
temporary accommodation.

Explanatory note

Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation.

This Class includes, in particular:

• Reservation services for travellers’ accommodation, particularly through travel agencies or brokers;
• Boarding for animals.

This Class does not include, in particular:

• Rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
• Arranging travel by tourist agencies (Cl. 39);
• Preservation services for food and drink (Cl. 40);
• Discotheque services (Cl. 41);
• Boarding schools (Cl. 41);
• Rest and convalescent homes (Cl. 44).

Class 44

Medical services;
veterinary services;
hygienic and beauty care for human beings or animals;
agriculture, horticulture and forestry services.

Explanatory note

Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals;  it also includes services relating to the fields of agriculture, horticulture and forestry.

This Class includes, in particular:

• Medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);
• Artificial insemination services;
• Pharmacy advice;
• Animal breeding;
• Services relating to the growing of plants such as gardening;
• Services relating to floral art such as floral compositions as well as garden design.

This Class does not include, in particular:

• Vermin exterminating (other than for agriculture, aquaculture, horticulture and forestry) (Cl. 37);
• Installation and repair services for irrigation systems (Cl. 37);
• Ambulance transport (Cl. 39);
• Animal slaughtering services and taxidermy (Cl. 40);
• Timber felling and processing (Cl. 40);
• Animal training services (Cl. 41);
• Health clubs for physical exercise (Cl. 41);
• Scientific research services for medical purposes (Cl. 42);
• Boarding for animals (Cl. 43);
• Retirement homes (Cl. 43).

Class 45

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.

Explanatory note

This Class includes, in particular:

• Services rendered by lawyers, legal assistants, and personal advocates, to individuals, groups of individuals, organizations and enterprises;
• Investigation and surveillance services relating to the physical safety of persons and security of tangible property;
• Services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.

This Class does not include, in particular:

• Professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
• Services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
• Escorting of travellers (Cl. 39);
• Security transport (Cl. 39);
• Services consisting of all forms of education of persons (Cl. 41);
• Performances of singers or dancers (Cl. 41);
• Computer programming services for the protection of software (Cl. 42);
• Computer and internet security consultancy and data encryption services (Cl. 42);
• Services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44);
• Certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).

 Press Information Bureau 

Government of India
Cabinet
13-March-2019 12:53 IST

Cabinet approves proposal for accession of India to (a) The Nice Agreement on the International classification of goods and services for the purposes of registration of marks

(b) The Vienna Agreement for setting up an International classification of the figurative elements of marks (c) The Locarno Agreement for establishing an International classification for industrial designs

The Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the proposal for accession of India to (i) The Nice Agreement concerning the International classification of Goods and Services for the purposes of registration of marks, (ii) The Vienna Agreement establishing an International Classification of the figurative elements of marks, and (iii) The Locarno Agreement establishing an International classification for industrial designs.
Accession to the Nice, Vienna and Locarno Agreements will help the Intellectual Property Office in India to harmonise the classification systems for examinational of trademark and design applications, in line with the classification systems followed globally.
It would give an opportunity to include Indian designs, figurative elements and goods in the international classification systems.
The accession is expected to instill confidence in foreign investors in relation to protection of IPs in India.
The accession would also facilitate in exercising rights in decision making processes regarding review and revision of the classifications under the agreement.

*****

The Cabinet has approved the proposal to harmonise the classification systems for examination of trademark and design applications, in line with the systems, followed globally. As a step forward in this direction the cabinet gas approved India’s accession for the following agreements:

• Nice Agreement on the International classification of goods and services for the purposes of registration of marks.
• Vienna Agreement for setting up an International classification of the figurative elements of marks.
• Locarno Agreement for establishing an International classification for industrial designs.

Benefits of the Accession

• The accession will help the Intellectual Property Office in India to harmonise the classification systems for examination of trademark and design applications, in line with the classification systems, followed globally.
• The accession would give an opportunity to include Indian designs, figurative elements and goods in the international classification systems.
• The accession is expected to instil confidence in foreign investors in relation to the protection of IPs in India.
• The accession would facilitate in exercising rights in decision-making processes regarding review and revision of the classifications under the agreement.

The accession is part of the government’s commitment to strengthen the Indian Intellectual property regime.

Month: Current Affairs – March, 2019 Categories: Business, Economy & Banking 

Determining the appropriate Nice classes (sometimes also called ‘International Classes’) to file under during your trademark application can be a rather complicated process. Registering your trademark under the right class(es) is a key component to your overall trademark protection strategy.

What are Nice Classes?

The World Intellectual Property Organization (WIPO) defines the Nice Classification on its website as: “The Nice Classification (NCL), established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of marks. The 2019 version of the eleventh edition of the NCL came into force on January 1, 2019.” 

There are 45 total Nice Classes for trademarks. Classes 1-34 are dedicated for goods and classes 35-45 are dedicated for services. The WIPO provide full guidance and the listing of classes online. Each Nice class has a class heading and explanatory notes. Each class heading broadly describes the nature of the goods or services found in that class. The explanatory notes for each class give more detail about the types of products or services contained in a particular class. 

If you need to check which products fall into which class(es) TMClass provide an online search tool to assist you with the classification of your goods and services. TrademarkNow also provides a comprehensive and easy-to-use overview and list of classes on our platform for our users.

Why are Nice Classes Used?

When making an application the onus is on the applicant to discover whether the mark is brand new, or whether it has already been claimed by another party. When determining whether your mark is available a massive amount of information must be searched. The Nice Classification facilitates this search by organizing information concerning trademarks into indexed classes - making it easier to conduct a thorough search. In other words, the classification of the goods and services enables the smooth acquisition of trademark rights. 

Who uses Nice Classes?

Currently approximately 150 trademark offices worldwide would apply the Nice Classification. This number includes some offices who have not signed the Nice Agreement, but still use the Nice classification as guidance. Additionally, 4 regional organizations, the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Benelux Office for Intellectual Property (BOIP) and the European Union Intellectual Property Office (EUIPO), use the Nice Classification. The International Bureau of WIPO also applies the Nice Classification in the framework of the Madrid System for the international registration of marks.

When Are Nice Classes Applied?

Before you start your trademark application and decide upon which Nice classes to file under it is imperative that you first determine the territory that you plan to offer your trademarked goods or services in. This is paramount because each territory may apply a different version of the Nice classification to your application description of your goods and services.

The International Trademark Association (INTA) sum up these jurisdictional Nice class nuances in their Bulletin. For example, Colombia, Portugal, South Korea and the United States are in a minority of jurisdictions that do not permit class headings as part of an acceptable identification of goods or services when applying for your trademarks.  

Many other countries, including Denmark, Hong Kong, India, Norway, Sweden and the United Kingdom, generally do permit the use of class headings. And a few jurisdictions, such as Argentina, Cambodia and Laos, permit the use of class headings in the very broadest sense - to include a claim to all goods or services in the class. 

You should make this determination and then also apply your chosen territories at your online AI clearance stage, particularly if the AI is not able to purpose any class information on your behalf in your online clearance search, due to the nature of the territory included in your customized search. 

Which Classes?

Once you have established that which version (if any) of the Nice classification that your territories honor, you will then need to determine which classes and how many classes you would like to file your mark in (territory permitting). 

To do this you will need to closely examine the full list of Nice classes. Then you will need to decide which class(es) your goods or services fall under and, as stated previously, run a comprehensive trademark clearance search, checking for similarity and risk of confusion in all of the classes that you plan to file in before you make your application. 

Wide Protection

You should note that some famous trademarks have ‘wide protection’.  This effectively means that the owners of these marks can prevent others from having rights to various classes without claiming ‘dilution’. 

Although you can conduct an online clearance search by yourself, we strongly recommend that you rely upon the services of your legal team or a trademark attorney to help you through the latter stages of this process with a legal opinion, particularly if your initial online clearance search alerts you to any possible threats or risk of confusion around your marks.

If permitted, you might straddle two or more classes, depending on what goods or services you are selling. Some territories do not permit multiple class applications. If multiple class applications are allowed, each class will have an additional filing fee, which will impact your budget, so you should plan for this carefully. In this case one application can be filed for all classes that you would like your goods or services to cover.

Trademark Portfolio

You should also consider your trademark portfolio as a whole when determining which Nice classes to file under in your application. For example, you might already be selling childrens’ clothing in class 25 under your mark. But if you'd like to roll out infant slings a year from now which are covered in class 18, you should consider including both classes in your application to allow for the planned growth of your trademark portfolio. 

Once you choose your classes the scope of protection of your portfolio will be finalized, so it is really important to choose wisely at the clearance stage. The classes (and descriptions of goods and services) that you include in your application will determine your rights to prevent third parties from using the same or similar trademarks. You will want to get as much coverage as possible to fully protect all of your brand and marks. 

Use It Or Lose It

Selecting which Nice classes to file under should be part of your overall trademark strategy. As stated previously, many large corporations file under multiple classes (some of which they may never use their mark in) as a way of gaining a broader protection. 

However, it should also be noted that a broad trademark protection strategy also brings with it the risk of a ‘non-use’ attack from third parties. Registered trademarks should actually be used to protect their rights and continue their validity and enforceability against others.   

Trademark Search and Clearance

To sum up, the importance of first ascertaining, in which territory and in which Nice class or classes to file under, when making your trademark application cannot be underestimated. A comprehensive knockout search of your proposed territories and robust trademark clearancesearch, which allows you to cross-check your mooted mark between classes and in key territories, is a driving factor in your trademark application. It will save you time and money and will help to avoid the risk of confusion and in the worst case, rejection of your mark by the trademark registry.   

TrademarkNow delivers high-quality trademark search and clearance done affordably, on demand - on a search by search basis. You simply pay one amount for each search that you run online. No hidden extras.

The Cabinet on Wednesday approved the proposal for India’s Accession to the Nice, Vienna and Locarno Agreements, that would harmonise the classification systems for examination of trademark and design applications, in line with the systems followed globally.

The accession is expected to instill confidence in foreign investors in relation to protection of IPs in India. The accession will also facilitate in exercising rights in decision-making processes regarding review and revision of the classifications under the agreement, said an official statement.

It will give an opportunity to include Indian designs, figurative elements and goods in the international classification systems. The Nice Agreement deals with the international classification of goods and services for the purposes of registration of marks, the Vienna Agreement deals with an international classification of the figurative elements of marks and the Locarno Agreement deals with an international classification for industrial designs.

The government also started the process of notifying the dates of the seven-phase Lok Sabha polls by sending the Election Commission’s recommendation to President Ram Nath Kovind. The first notification will be issued on March 18 for the polls starting April 11. The EC had announced the poll schedule on March 10 and had sent the mandatory recommendation to the Union Law Ministry to notify the Lok Sabha election dates.

Nice Classification (trade marks)

The Nice Classification is a system of classifying goods and services for European Union (EU) trade mark applications. It consists of 45 classes.

The Nice Classification assigns goods to Classes 1 to 34, and services to Classes 35 to 45. Each class is represented by a class heading, which gives general information about the type of goods or services covered. For example, the Class 25 heading reads 'Clothing; footwear; headgear' and the Class 15 heading 'Musical instruments'.

Each class contains a set of terms within that class to better define the goods or services to be protected by the EU trade mark application. When indicating the goods and services in an EU trade mark application, applicants are strongly advised to use the Nice Classification terms in order to avoid delays in the registration procedure caused otherwise by the need to translate the terms submitted. Use of these generic terms will also improve the search capabilities of the EU trade mark databases and thus ultimately result in greater transparency.

The Nice Classification can be searched using TMclass, an interactive search tool that is available in all the official EU languages, as well as in Chinese, Japanese, Korean, Russian and Turkish.

It is worth noting that the original list of goods and services included in an EU trade mark application can only be limited, not extended. In other words, you may not add any goods, services or classes to the application as originally filed.

At the time of filing, you can indicate any number of classes, but only one class is covered by the application fee (850€). If you choose more, a fee is payable for each additional one.

Trademark Class 41: Education and Entertainment Services

Choose Class 41 if you are registering a trademark for education, training, and sports and entertainment services.

The U.S. Patent and Trademark Office (USPTO), which is the federal agency that oversees the registration of federal trademarks, divides marks into 45 different "classes" of products or services.

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The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business. The USPTO knows that not all trademarks necessarily compete with one another, even if they are identical. Imagine, for example, an SAT-tutoring business called "Prepared" and a home security company with the same name. Reasonable consumers would not be confused by the same name, nor would they assume that both products come from the same source. In other words, both "Prepared" companies can exist with their own trademarks, because they target different markets.

Class 41 includes services for education, tutoring, training, entertainment, and various sporting and cultural activities. Class 41 covers mainly services rendered by persons or institutions to educate persons or train animals, as well as services intended to entertain. This class includes, in particular:

• services consisting of all forms of education of persons or training of animals
• services having the basic aim of the entertainment, amusement, or recreation of people
• presentation of works of visual art or literature to the public for cultural or educational purposes, and
• chemical products used in industry, science, and agriculture, including those that go to the making of products belonging to other classes.

For a complete listing of all goods in Class 41, see below. For more information about trademarks and federal registration, see Nolo's articles on Trademark Law.

Examples of Trademarks in Class 41

Consider names such as AKRON RACERS (conducting athletic competitions), CEO PERSPECTIVES (executive workshops), or MERCK ACADEMY (educational services), all of which are good examples of Class 41 marks.

Related or Coordinated Classes

If you are not sure whether to register in Class 41, you might also consider the following “coordinated” classes: Business Services, Class 36 - Insurance and Finance Services, Class 37 - Construction and Repair Services, Class 38 - Telecommunications Services, Class 39 - Shipping and Travel Services, Class 40 - Material Treatment Services, Class 42 - Science and Technology Services, Class 43 - Food Services, Class 44 - Medical and Veterinary Services, or Class 45 - Legal and Security Services.

A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 41 often file in these other classes, too.

The fees that you will pay also relate to the class system. For each class of goods or services that you register, you must pay a separate registration fee. So if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay two fees.

You must indicate the correct class at the time you are registering a trademark. If you list the incorrect class, you must start the application process over. Your registrations are restricted to those classes that encompass the goods or services you are already offering (as shown by the specimens you submit) or that you plan to offer (if you are registering on an intent-to-use basis). You might also need information about the class number in order to narrow a search of the PTO's trademark database.

Supplying Specimens for Class 41

A specimen for service must show use of the mark in a manner that would be perceived by potential purchasers as identifying the applicant's services and indicating their source. Where the mark is used in advertising the services, the specimen must show an association between the mark and the services for which registration is sought. A specimen that shows only the mark, with no reference to the services, does not show service mark usage.

When offering a service, you have no product to which you can affix a label. Acceptable specimens for services include a variety of materials that can’t be used for product marks. This includes scanned copies of advertising and marketing materials, such as newspaper and magazine ads, brochures, billboards, direct mail pieces, and menus (for restaurants).

Letterhead stationery and business cards showing the mark may be used if the services are plainly reflected on them, because the name or symbol being claimed as a mark would, in that context, be used to identify the services provided—that is, as a mark rather than as a trade name. A letter on stationery will even be accepted as a specimen for a service mark if the mark appears and the services are described in the letter.

Internet. In cases of services rendered over the Internet, a screen shot of the full Web page should be acceptable. If the mark is being prominently displayed on the home page, so much the better.

The following are unacceptable specimens for marks for Class 41 services:

• news releases or articles based on news releases
• documents showing trademark rather than service mark usage (use of the mark in connection with goods rather than services)
• invoices and similar documents such as packing slips
• letterhead or business cards that bear only the mark and a company name and address; unless the letterhead or text of the letter identifies the services represented by the mark.

It is also possible to have audio trademarks. While most marks appear in writing somewhere, you may also submit sound files. If your mark represents a service, and it appears only on radio ads or in some other audio form, you may submit a sound file of the audio.

Complete Listing of All Goods in Class 41 Based on Taxonomy

• Publishing and reporting, calligraphy services, electronic desktop publishing, layout services, other than for advertising purposes, news reporters services, providing on-line electronic publications, not downloadable, publication of texts, other than publicity texts, publication of books, publication of electronic books and journals on-line, writing of texts, other than publicity texts.
• Education, entertainment and sports, amusement parks, arranging of beauty contests, arranging and conducting of concerts, booking of seats for shows, cinema presentations/movie theatre presentations, circuses, club services [entertainment or education], disc jockey services, discotheque services, entertainer services, entertainment/amusements, entertainment information, game services provided on-line from a computer network, games equipment rental, holiday camp services [entertainment], presentation of live performances, modelling for artists, movie studios, music composition services, music-halls, night clubs, orchestra services, organization of shows [impresario services], organization of balls, party planning [entertainment], photographic reporting, photography, production of shows, production of radio and television programmes, providing amusement arcade services, providing karaoke services, radio entertainment, providing recreation facilities, recreation information, rental of movie projectors and accessories, rental of stage scenery, rental of show scenery, rental of cine-films/rental of motion pictures, rental of sound recordings, rental of videotapes, rental of video cassette recorders, rental of radio and television sets, rental of audio equipment, rental of lighting apparatus for theatrical sets or television studios, rental of video cameras/rental of camcorders, scriptwriting services, services of schools [education], subtitling, television entertainment, theatre productions, ticket agency services [entertainment], toy rental, zoological garden services.
• Conferences, exhibitions and competitions, arranging and conducting of congresses, arranging and conducting of conferences, arranging and conducting of seminars, arranging and conducting of symposiums, organization of fashion shows for entertainment purposes, providing museum facilities [presentation, exhibitions], organization of competitions [education or entertainment], organization of exhibitions for cultural or educational purposes.
• Gambling, providing casino facilities [gambling], gambling, operating lotteries.
• Audio and video production, and photography, dubbing, film production, other than advertising films, microfilming, production of music, recording studio services, videotape film production, videotape editing, videotaping.
• Sports and fitness, coaching [training], conducting fitness classes, providing golf facilities, health club services [health and fitness training], organization of sports competitions, personal trainer services [fitness training], providing sports facilities, rental of skin diving equipment, rental of sports equipment, except vehicles, rental of stadium facilities, rental of tennis courts, rental of sports grounds, sport camp services, timing of sports events.
• Library services, lending libraries, mobile library services/bookmobile services.
• Education and instruction, academies [education], animal training, arranging and conducting of colloquiums, arranging and conducting of workshops [training], boarding schools, correspondence courses, education information, educational examination, gymnastic instruction, nursery schools, physical education, practical training [demonstration], religious education, teaching/educational services/instruction services/tuition, vocational guidance [education or training advice], vocational retraining.
• Translation and interpretation, language interpreter services, sign language interpretation, translation.

International (Nice) Classification of Goods and Services

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International Classification of Goods and Services also known as the Nice Classification was established by the Nice Agreement (1957),^[1] is a system of classifying goods and services for the purpose of registering trademarks. It is updated every five years and its latest 11th^[2] version of the system groups products into 45 classes (classes 1-34 include goods and classes 35-45 embrace services), and allows users seeking to trademark a good or service to choose from these classes as appropriate. Since the system is recognized in numerous countries, this makes applying for trademarks internationally a more streamlined process. The classification system is specified by the World Intellectual Property Organization (WIPO).

Contents

• 1Origin of the Nice Classification
• 2Contracting states
• 3Application
• 4Advantages and uniqueness of the Nice Classification
• 5Worldwide use
• 6The structure of the Nice Classification
• 7Updating the treaty
• 8List of Classes (11th edition)
• 9See also
• 10References
• 11External links

Origin of the Nice Classification[edit]

The Nice Classification is based on a multilateral treaty administered by WIPO. This treaty, consummated on 15 June 1957 in Nice, France, is called the "Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks". This Classification is commonly referred to as the "Nice Classification". The Nice Agreement is open to states who are parties to the "Paris Convention for the Protection of Industrial Property".

Contracting states[edit]

• Albania
• Algeria
• Argentina
• Armenia
• Australia
• Austria
• Azerbaijan
• Bahrain
• Barbados
• Belarus
• Belgium
• Benin
• Bosnia and Herzegovina
• Bulgaria
• Canada
• China
• Croatia
• Cuba
• Czech Republic
• Democratic People's Republic of Korea
• Denmark
• Dominica
• Egypt
• Estonia
• Finland
• France
• Georgia
• Germany
• Greece
• Guinea
• Hungary
• Iceland

• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Kazakhstan
• Kyrgyzstan
• Latvia
• Lebanon
• Liechtenstein
• Lithuania
• Luxembourg
• Malawi
• Malaysia
• Mexico
• Moldova
• Monaco
• Mongolia
• Montenegro
• Morocco
• Mozambique
• Netherlands
• New Zealand
• Norway
• Paraguay
• Philippines
• Poland
• Portugal
• Republic of Korea
• Republic of Macedonia;^[3]
• Romania
• Russian Federation
• Saint Kitts and Nevis
• Saint Lucia
• Serbia
• Singapore
• Sint Maarten
• Slovakia
• Slovenia
• Spain
• Suriname
• Sweden
• Switzerland
• Syrian Arab Republic
• Tajikistan
• Trinidad and Tobago
• Tunisia
• Turkey
• Turkmenistan
• Ukraine
• United Kingdom
• United Republic of Tanzania
• United States of America
• Uruguay
• Uzbekistan

Application[edit]

The trademark offices of the nations signatory to the Nice Agreement agree to employ the designated classification codes in their official documents and publications.

Advantages and uniqueness of the Nice Classification[edit]

Use of the Nice Classification by national offices has the advantage that trademark applications are coordinated with reference to a single classification system. Filing is thereby greatly simplified, as the goods and services to which a given mark applies will be classified the same in all countries that have adopted the system. That the Nice Classification exists in several languages also saves applicants a considerable amount of work when filing internationally.

Worldwide use[edit]

As of January 2014, there were 84 signatory nations to the Nice Agreement; these countries have officially adopted the Nice Classification and apply it in the registration of trademarks. In addition, 65 non-member countries, four organizations and the International Bureau of WIPO also use the Nice Classification.

The structure of the Nice Classification[edit]

The Nice Classification consists of class headings, explanatory notes, and an alphabetical list of goods and services. The class headings are the official, descriptive names of the 34 categories or "classes" of goods and of the 11 classes of services. These are accompanied, where appropriate, by explanatory notes that provide detailed descriptions of the types of products or services included within the respective classes. The alphabetical list is an alphabetized enumeration of about 10,000 goods and about 1,000 services.

Updating the treaty[edit]

The Nice Classification is continuously revised by a "Committee of Experts",^[4] whose membership is representative of all signatory states, and a new edition is published every five years. The current (eleventh) edition has been in effect since 1 January 2017.

List of Classes (11th edition)[edit]

GOODS

Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art

Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5 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; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6 Common metals and their alloys, ores; metal building materials for building and construction; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal;metal containers for storage or transport; safes;; ores

Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines

Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 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

Class 10 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

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

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; jewellery, precious and semi-precious stones; horological and chronometric instruments

Class 15 Musical instruments

Class 16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching materials (except apparatus); plastic materials forsheets, films and bags for wrapping and packaging; printers’ type,; printing blocks

Class 17 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

Class 18 Leather and imitations of leather; animal skins, and hides; trunks and travellingluggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals

Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class 20 Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells;meerschaum; yellow amber

Class 21 Household or kitchen utensils and containers; combs and sponges; brushes, (except paintbrushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass, (except building glass used in building); glassware, porcelain and earthenware

Class 22 Ropes and string; nets; tents, awnings, and tarpaulins; awnings of textile or synthetic materials; sails; 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

Class 23 Yarns and threads, for textile use

Class 24 Textiles and substitutes for textiles; bed covers; table covershousehold linen; curtains of textile or plastic

Class 25 Clothing, footwear, headgear

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair

Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28 Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees

Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

Class 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice

Class 31 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; malt

Class 32 Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beers)

Class 34 Tobacco; smokers’ articles; matches

SERVICES

Class 35 Advertising; business management; business administration; office functions

Class 36 Insurance; financial affairs; monetary affairs; real estate affairs

Class 37 Building construction; repair; installation services

Class 38 Telecommunications

Class 39 Transport; packaging and storage of goods; travel arrangement

Class 40 Treatment of materials

Class 41 Education; providing of training; entertainment; sporting and cultural activities

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

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; agriculture, horticulture and forestry services

Class 45 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