The Nice Classification is an international classification of goods and services administered by the World Intellectual Property Organisation and created for the purpose of trademark registration. The Classification entered into force under the Nice Agreement Concerning the International Classification of Goods and Services to which Trade or Manufacture Marks Apply, signed at Nice on 15 June 1957. States that have adopted it use it to define precisely the scope of the goods and services for which a company wishes to obtain trade mark protection. The use of the Nice Classification also facilitates the registration of trademarks on the international market.
When preparing an application to register a trademark in China, it is important to ensure that the application accurately identifies the specific classes of goods and services for which the company wishes to claim its trademark. This means that the mark will not be claimed for all possible goods and services, but only for those listed in the application filed with the Chinese Trademark Office.
The Nice Classification of trademarks is therefore important primarily because it indicates the exact scope of exclusivity for a given trademark, obviously taking into account the differences between the list of goods and services eligible for protection in China and under the Nice Classification. This makes the correct classification of goods and services at the stage of trademark registration in China one of the most important tasks for an entrepreneur starting to do business in China. When a company chooses the class of goods or services in which to register its mark, it also determines the scope of its protection in the Chinese market.
The Nice Classification consists of 45 classes. The list of goods and services contains exactly 34 product classes and 11 service-specific classes, the full list of which can be found in the official WIPO database. In addition, in the Nice Classification, each good or service has a specific designation in the form of a six-digit code beginning with the class number assigned to it.
The Nice Classification comprises the following classes
It should be noted that the choice of classes of goods and services should be carefully considered. Indeed, individual companies registering their logos in China should be aware that the Chinese list of goods and services that can be protected in China differs in detail from the Nice classification list, which is important in the context of direct applications in China. Furthermore, the Chinese Patent Office does not allow for the possibility of extending trademark protection to new goods or services at a later date. Therefore, if you are planning to expand your business to include additional goods or services in the future, it is advisable to include them at the trademark application stage. Otherwise, you will be forced to file a new application to re-register your trademark in China, including additional goods and services.
Below we take a closer look at some of the most popular categories of products and services included in the Nice Classification.
The Nice 16 classification is a broad class of goods which includes articles such as
Nice Classification 35 opens the catalogue of services. Included in this class are services relating to the management, operation, organisation and administration of a commercial or industrial enterprise, as well as advertising, marketing and promotional services.
The Nice 41 classification covers services related to education, entertainment, sports and cultural activities.
Nice Classification 42 is reserved for a group of scientific and technical services, as well as research and the design thereof. Class 42 also includes research services, industrial analysis and the design and development of computer hardware and software.
The Nice 44 classification primarily covers medical and veterinary services. It also includes services related to human and animal hygiene and beauty care, and agricultural, horticultural and forestry services.
Any number of classes may be indicated in the application, but an additional fee must be paid for each additional class of goods or products. This is because the more classes in which a mark is filed, the higher the registration fee. It should also be noted that in China there is a single class application, which means that an application is made for only one class of mark. It is not possible to directly apply for a trademark in several classes at the same time.
Due to the multiple categories that make up the Nice Classification, the list of individual goods and services can be searched using the TMclass tool or the WIPO IP portal.
As a general rule, the same trademark may appear in different classes. However, the Chinese Patent Office cannot grant protection in the same class for the same trademark within the same goods and services.
Any change in the scope of the classes applied for will require a new application to be filed. Similarly, it is not possible to change the scope of the goods or services once a trademark has been applied for or registered in China. In this case, new applications will also have to be filed. Therefore, it is important to think carefully and identify specific classes of goods and services at the pre-application stage. When filing a trademark directly in China, it is important to note that the Chinese list of goods and services differs slightly from the Nice Classification, so careful consideration at the registration stage is crucial.
