The Nice International Classification System is a critical requirement for every trademark registration.
When a trademark owner applies for registration of a trademark with the U.S. Patent and Trademark Office, the owner must designate at least one of 45 different classes of goods or services identified with the mark being registered. Known as “Nice Classifications” or “International Classes,” these classes of goods and services are based on the Nice (France) International Classification System for trademarks.
The System was established by the Nice Agreement in 1957, an international treaty amongst signatory countries, and was intended to establish a means for categorizing goods and services in regard to the registration of a trademark. Every 5 years thereafter through 2013, a new edition of the classification was published up and from 2013 onward a new version of each edition has been released annually. The Nice Classification System arose from the Paris Union Agreement of 1883 which was designed to establish a framework for the international protection of industrial property.
Presently, there are 34 classes of goods and 11 classes of services under the Nice System.
Product ("Goods") Classes
Class 1: Chemical Products 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: Paint Products Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3: Cosmetics and Cleaning Products Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4: Lubricant and Fuel Products Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5: Pharmaceutical Products Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6: Metal Products Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7: Machinery Products 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.
Class 8: Hand Tool Products Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9: Computer and Software Products and Electrical and Scientific Products 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; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
Class 10: Medical Instrument Products Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.
Class 11: Environmental Control Instrument Products (lighting, heating, cooling, cooking) Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12: Vehicles and Products for locomotion by land, air or water Vehicles; apparatus for locomotion by land, air, or water.
Class 13: Firearm Products Firearms; ammunition and projectiles; explosives; fireworks.
Class 14: Jewelry Products Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Class 15: Musical Instrument Products Musical instruments.
Class 16: Paper and Printed Material Products Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
Class 17: Rubber Products Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18: Leather Products (not including clothing) Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19: Non-Metallic Building Material Products Building materials (non-metallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Class 20: Furniture Products Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21: Houseware and Glass Products Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22: Ropes, Cordage and Fiber Products Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Class 23: Yarns and Threads Yarns and threads, for textile use.
Class 24: Fabrics and Textile Products Textiles and textile goods, not included in other classes; beds and table covers.
Class 25: Clothing and Apparel Products Clothing, footwear, headgear.
Class 26: Lace, Ribbons, Embroidery and Fancy Goods Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27: Floor Covering Products Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28: Toys and Sporting Goods Products Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29: Meat and Processed Food Products 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: Staple Food Products Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31: Natural Agricultural Products Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.
Class 32: Light Beverage Products Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33: Wines and Spirits (not including beers) Alcoholic beverages (except beers).
Class 34: Smoker's Products Tobacco; smokers' articles; matches.
Service Classes
Class 35: Advertising, Business and Retail Services Advertising; business management; business administration; office functions.
Class 36: Insurance and Financial Services Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37: Construction and Repair Services Building construction; repair; installation services.
Class 38: Communication Services Services allowing people to communicate with another by a sensory means.
Class 39: Transportation and Storage Services Transport; packaging and storage of goods; travel arrangement.
Class 40: Treatment and Processing of Materials Services Treatment of materials.
Class 41: Education and Entertainment Services Education; providing of training; entertainment; sporting and cultural activities.
Class 42: Computer and Software Services and Scientific Services 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: Restaurant and Hotel Services Services for providing food and drink; temporary accommodations.
Class 44: Medical and Beauty Services and Agricultural Services Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45: Personal, Legal and Social Services Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
Nice Classifications help businesses registering a trademark identify the nature of related goods or services and seek adequate intellectual property protection. Internationally, the Nice International Classification System makes a trademark easy to recognize, categorize and register among all signatory countries. It also allows similar or even identical trademarks to coexist while identifying very different goods and services.
For example, Delta Airlines holds a trademark registration for services related to air travel while Delta Faucets holds a trademark for plumbing fixtures even though Delta Airlines and Delta Faucets are completely different companies.
It is important to understand that some trademarks encompass more than one International Class, administrative agencies such as the U.S. Patent and Trademark Office require additional fees for additional class designations, and trademark registration applications require specific descriptions of associated goods or services in addition to the designation of International Classes.
Failure to properly do so will result in an Office Action letter and a refusal of registration.