The Nice Classification Explained

The legal framework

The Nice Classification is an international system under the Nice Agreement, managed by WIPO. It divides goods and services into 45 classes: classes 1 to 34 cover goods and classes 35 to 45 cover services. Each class has a heading describing its general scope, and an alphabetical list of specific goods and services. The classification is revised regularly. The thirteenth edition, version 2026, entered into force on 1 January 2026, and an annual update to version 2027 is due on 1 January 2027. Marks filed under an earlier version are not reclassified.

Every application at the EUIPO, the Benelux Office (BOIP) and in the Madrid System must list the goods and services for which protection is sought and classify them. Article 33 of the EU Trade Mark Regulation (EUTMR) sets the rules for the EU. Goods and services must be identified with sufficient clarity and precision to allow the authorities and other operators to determine the extent of protection on that basis alone. This follows the Court of Justice in IP Translator (C-307/10).

Three consequences matter.

First, the list defines the scope. Protection extends to what the specification covers, not to what the business actually does or the class title suggests. If the wording is too narrow, part of your activity is left outside the mark. If it is too broad, the mark is open to challenge: after five years of registration the owner must show genuine use for the goods and services relied on, and unused ones can be revoked.

Second, the classification is administrative. Article 33(7) EUTMR states that goods and services are not similar merely because they appear in the same class, nor dissimilar because they appear in different classes. Similarity is a legal assessment, as explained in understanding trademark similarity. A search must therefore look beyond your own classes.

Third, class counts matter for cost. Official fees are generally calculated per class, and every class added increases the fee. The IP cost estimator shows the effect for each jurisdiction.

In practice

The EUIPO's harmonised database of goods and services, accessible through TMclass, contains terms accepted by many offices in the EU and beyond. A term taken from this database is accepted without questions on clarity and normally in the same class. Using it saves time and removes uncertainty, and an EU application made only from harmonised terms can qualify for EUIPO Fast Track. The trade-off is that the harmonised list may not capture the precise nature of a new product, in which case a tailored description may be needed.

Use of class headings requires care. Under EUTMR Article 33 an applicant who uses the general indications of a class heading covers all goods or services falling within the literal meaning of those indications. It does not mean "everything in the class". Where you want more than the literal meaning, you must list it.

Consider a Leuven start-up that sells a mobile app for diabetes monitoring and also a small connected sensor. The app is software in class 9, the sensor is a medical apparatus in class 10, and a monthly subscription for an online monitoring platform is a service in class 42, with possibly class 44 for medical services. If the start-up files only in class 9, the sensor and the platform are not covered. If it files in all four classes but lists "software" without further detail, the specification may be too vague to defend. A good specification lists the app, the sensor and the platform separately and at the right level of detail.

The same exercise runs through our work. In trademark clearance the classes and terms define where we search, including cross-class conflicts. In trademark registration they become the specification that we file through our filing technology.

Frequently asked questions

How many classes do I need?

As many as your real and planned products and services require, balanced against cost. Classes are chosen from your business plan, not from the class headings alone.

Can I add goods and services after filing?

Not to an application or registration already filed. The list may be restricted but not extended. New goods or services need a new application, which is why planning the specification at the start matters.

Is the classification the same everywhere?

The 45-class structure is shared by the EUIPO, the BOIP and WIPO, but offices accept different terms. A term accepted in one office may be queried in another.

Does a new edition change my existing registration?

No. Existing registrations keep the scope they had under the edition in force when they were filed.

How this connects

Trademark clearance uses the classification to frame the search, and trademark registration turns it into the specification. Our clearance engine, filing technology and IP cost estimator work with the 45 classes throughout.