Why are Nice classes essential in trademark registration?
When applying for a trademark, you must specify the Nice classifications under which your trademark will be registered. But what exactly are Nice classifications, and why do we use them?
Nice classifications determine the goods and services for which trademarks are registered. They form a system of 45 classes, each covering specific types of goods and services. Every product or service belongs to a designated class within this system. For example, paper tissues fall under Class 16, cars under Class 12, and telecommunication services under Class 38. These classes are further divided into specific terms that describe the goods or services in more detail. Standardized terms are often used across Europe to ensure clarity on what is being registered.
A trademark is registered for one or more specific groups of goods and/or services. The more Nice classes you select, the higher the cost. Identical trademarks can coexist as long as they apply to different goods or services that are not too closely related to those covered by the earlier trademark registration. By using Nice classifications and clear terminology, trademarks receive the precise level of protection needed to differentiate them in the market without unnecessarily blocking other industries. However, if a trademark becomes widely recognized over time, its protection can extend to all types of goods and services, even if it was not originally registered for them.
When applying for a trademark, it is crucial to check whether an identical or similar trademark has already been registered and, if so, for which goods and services. Additionally, it is important to consider the future. A trademark must be used within five years of registration for the goods or services it was registered under. Therefore, future business plans should be factored into your trademark registration decisions.
Do you have questions about the best way to register your trademark? We are happy to assist you. Contact us for more information on securing your brand.