1. The Short Answer

The Nice Classification divides goods and services into 45 international classes. Classes 1 through 34 generally cover goods, while Classes 35 through 45 cover services. :contentReference[oaicite:1]{index=1}

Choosing the correct class is important because trademark protection is connected to the goods and services identified in the application. Classification therefore affects both the scope of the application and the way potential conflicts are searched and assessed.

However, choosing classes is not simply a matter of selecting every class that sounds commercially relevant. The goods and services identification must be sufficiently specific and accurate, and classification rules should be checked against the current edition of the Nice Classification and the practice of the relevant trademark office.

2. What Is the Nice Classification?

The Nice Classification is the international system used to classify goods and services for trademark registration.

It was established under the Nice Agreement and is administered through the World Intellectual Property Organization (WIPO). WIPO explains that the system is used for the registration of marks and is organized into 45 classes. :contentReference[oaicite:2]{index=2}

The current version in force in 2026 is the Nice Classification, 13th Edition, version 2026 (NCL 13-2026), which entered into force on January 1, 2026. :contentReference[oaicite:3]{index=3}

The system is periodically updated. WIPO publishes new editions and annual versions, meaning that classification should be checked against the version applicable at the time of filing rather than relying on an old classification list.

The USPTO similarly explains that the class headings are general indications and that the Alphabetical List and other classification guidance should be consulted to determine the classification of specific goods and services. :contentReference[oaicite:4]{index=4}

3. How the 45 Nice Classes Are Organized

The simplest way to understand the system is to divide it into two groups:

This distinction is fundamental, but it does not mean that every business will fit neatly into one class.

A company can manufacture a product, sell that product, provide advertising services, operate an online marketplace, develop software, and provide consulting services. Those activities may involve several different classes.

4. Classes 1–34: Goods

Classes 1 through 34 cover goods. The following is a practical overview rather than a substitute for the current official classification list.

This overview should be treated as a starting point. The exact classification of a particular product must be checked against the current Nice Classification, including the class headings, explanatory notes and relevant classification entries.

5. Classes 35–45: Services

Services are organized in Classes 35 through 45.

6. Understanding Class 35

Class 35 is one of the most frequently misunderstood trademark classes.

It broadly concerns advertising, business management, organization, administration and commercial promotional activities.

It can also cover certain retail and wholesale services involving the bringing together of goods for customers to view and purchase.

However, selling your own goods does not automatically mean that you need Class 35 for those goods.

If a company manufactures clothing under its own brand, for example, Class 25 may be relevant to the clothing itself. A separate Class 35 analysis may arise where the business provides qualifying retail, wholesale, advertising or business services.

The Nice 2026 explanatory material specifically recognizes retail and wholesale services within Class 35, while distinguishing the sale of goods itself from a service. :contentReference[oaicite:5]{index=5}

7. Understanding Class 42

Class 42 is particularly important for technology companies.

It can cover a wide range of scientific, technological and software related services, including certain forms of software development, technology consultancy, computer services, research and design.

A technology company should nevertheless distinguish between:

• Software or downloadable products.
• Software provided as a service.
• Software development services.
• Technology consultancy.
• Scientific research.
• Hardware products.

These activities do not necessarily belong to the same class.

8. Understanding Class 43

Class 43 generally covers hospitality-related services, including accommodation and food and drink services.

Businesses in this sector should distinguish between the service and the physical products sold under the same brand.

For example, a restaurant may provide services falling within Class 43, while packaged food products sold under the same brand may belong to one or more goods classes.

The fact that the products are sold by the restaurant does not automatically place all of them into Class 43.

9. Understanding Class 44

Class 44 covers a broad range of services involving medical, veterinary, beauty, hygiene and agricultural activities.

This class is particularly relevant to businesses such as:

• Medical clinics.
• Dental practices.
• Beauty salons.
• Spa businesses.
• Veterinary services.
• Agricultural and horticultural services.

A business selling cosmetics under its own brand should separately consider the relevant goods classification, which may be Class 3 for many non-medicated cosmetics, while beauty treatment services can fall within Class 44.

This illustrates why a business can need more than one class even when its products and services are marketed under the same brand.

10. Understanding Class 45

Class 45 includes legal services and various personal, social and security-related services.

Professional service businesses should identify the specific service being offered rather than assuming that every professional consultancy belongs to Class 45.

For example, business management consultancy may fall under Class 35, financial consultancy under Class 36, technology consultancy under Class 42, and legal services under Class 45.

The Nice Classification expressly provides that advisory, information and consultancy services are generally classified according to the subject matter of the advice or service. :contentReference[oaicite:6]{index=6}

11. How to Choose the Right Nice Classes

Choosing classes should begin with a business analysis rather than a classification database.

A practical approach is to work through the following sequence.

12. Start With Your Actual Products and Services

One of the most important principles in trademark classification is that the class should follow the actual goods or services.

The USPTO advises applicants to use identifications that are clear, concise, accurate and sufficiently specific. :contentReference[oaicite:7]{index=7}

The EUIPO similarly recommends that applicants identify goods and services clearly and precisely and use appropriate pre-defined terms where available. :contentReference[oaicite:8]{index=8}

Weak description

More useful approach

The precise wording should then be checked against the relevant classification system and filing practice.

13. Should You Include Future Products?

This is a strategic question rather than simply a classification question.

A business may know that its brand will expand into additional products or services. In that situation, future plans can be relevant when deciding the appropriate filing strategy.

However, adding every imaginable class can create unnecessary cost and may create problems if the applicant cannot legitimately support the claimed goods or services under the applicable law.

The EUIPO advises applicants to consider products or services they may offer in the future, while also cautioning against unnecessarily long lists. :contentReference[oaicite:9]{index=9}

14. When Do You Need Multiple Classes?

A single brand can legitimately cover multiple classes when it is used for different goods and services.

Example: Fashion brand

A fashion company might use the same brand for:

• Clothing.
• Footwear.
• Bags.
• Jewelry.
• Retail services.

These activities may require analysis of several classes rather than one universal "fashion" class.

Example: Technology company

A technology company might offer:

• Downloadable software.
• Software development services.
• Technology consultancy.
• Online business services.
• Hardware devices.

Again, these activities may extend across multiple classes.

Example: Food company

A food brand may manufacture packaged foods, beverages and operate restaurants under the same name. The goods and services may therefore fall into several different classes.

15. How Online Businesses Should Think About Classes

Digital commerce creates particular classification challenges because one website can perform several different commercial functions.

An online business may:

• Sell its own products.
• Operate a marketplace for third parties.
• Provide software.
• Offer subscription services.
• Provide advertising services.
• Provide consulting.
• Operate a digital content platform.

These activities should not automatically be placed in Class 35 simply because they occur through a website.

The correct classification depends on the actual service or product being provided.

The same principle applies to mobile applications, cloud platforms, e-commerce businesses and digital marketplaces.

16. Common Trademark Classification Mistakes

Mistake 1: Choosing a class based only on the business name

A company described as a "technology company" could offer software, hardware, consultancy or telecommunications services. The business label does not determine the class.

Mistake 2: Assuming one business equals one class

A business can legitimately require several classes.

Mistake 3: Automatically adding Class 35

Selling your own products does not automatically mean that a separate Class 35 claim is required.

Mistake 4: Treating class headings as complete specifications

Class headings are broad descriptions. Specific goods and services should be identified using the applicable classification resources and office practice. :contentReference[oaicite:10]{index=10}

Mistake 5: Using overly broad wording

Broad descriptions can create classification and examination problems.

Mistake 6: Ignoring future business strategy

A filing strategy should take legitimate planned expansion into consideration where appropriate.

Mistake 7: Filing in too many classes without a strategy

More classes do not automatically mean stronger protection. Additional classes should correspond to genuine commercial objectives and the applicable legal requirements.

Mistake 8: Using an old classification list

Nice Classification is periodically revised. The current 2026 version is NCL 13-2026, so practitioners should verify classification against the applicable current version. :contentReference[oaicite:11]{index=11}

Mistake 9: Searching only the selected class

Trademark clearance should consider related goods and services rather than relying exclusively on the exact class selected for filing.

The USPTO specifically notes that coordinated classes are not a foolproof way to identify every potentially related trademark and recommends researching the relevant goods and services and related classes. :contentReference[oaicite:12]{index=12}

17. Why Classification Matters for Trademark Clearance

Classification is not merely an administrative step. It is closely connected to trademark searching and risk analysis.

When a proposed brand is searched, the relevant question is not only:

The better question is:

This is why class selection and trademark clearance should be considered together.

A narrow class selection can cause relevant earlier rights to be missed if the search does not consider related goods and services.

For a broader explanation of this distinction, see:

Trademark Search vs. Trademark Clearance: What Is the Difference?

You may also find useful:

What Makes Two Trademarks Confusingly Similar?

18. Practical Examples

Example 1: Cosmetics brand

A company launches a brand for non-medicated skincare products.

The initial classification analysis may focus on the appropriate goods class for the cosmetics. If the company also operates a beauty salon under the same brand, the services should be separately considered.

Example 2: Software company

A technology company sells downloadable software and separately provides software development services to corporate customers.

The goods and services should be separately analyzed rather than assuming that every software-related activity belongs to one class.

Example 3: Restaurant brand

A restaurant uses its brand for restaurant services and also sells packaged sauces under the same name.

The restaurant service and packaged food products may require separate classification analysis.

Example 4: Clothing and retail

A fashion company sells its own clothing online and also operates a retail platform that brings together products from multiple brands.

The clothing goods and the nature of the retail service should be analyzed separately.

Example 5: Law firm

A law firm uses its brand for legal services. If it also publishes educational content, operates training programs or provides other commercial services, those activities should be assessed independently rather than assuming they all belong to Class 45.

19. Trademark Class Selection Checklist

20. Conclusion

Choosing the right Nice classes is one of the foundational steps in trademark registration and clearance.

The Nice Classification provides a structured international framework with 45 classes: 34 for goods and 11 for services. But selecting a class is not simply a matter of finding the closest-sounding category.

The correct approach is to begin with the actual commercial activity: identify the products and services, determine their precise nature, consult the current classification rules, and then consider the jurisdiction-specific requirements for the application.

Businesses should also avoid two opposite mistakes: claiming too little and claiming everything.

The strongest filing strategy is generally the one that connects the trademark portfolio to the company's real products, services and legitimate business plans.

21. Frequently Asked Questions