Trademark Classes (Nice Classification): How to Choose the Right Class for Your Business

Trademark classes are international categories of goods and services under the Nice Classification, which has 45 classes: 34 for goods and 11 for services. To choose the right class, identify what you actually sell or provide, then find the class each product or service falls under, taking your near-term expansion plans into account. The protection a registration certificate gives you is tied to the classes, goods and services specified in it.

What is the Nice Classification?

The Nice Classification is an international system administered by the World Intellectual Property Organization (WIPO) and used by the Saudi Authority for Intellectual Property (SAIP) when registering trademarks. It divides goods and services into numbered classes, each with a general heading and a detailed list of items that fall under it, and it is updated periodically to cover new goods and services. The classes are divided into:

• Classes 1 to 34: goods, such as chemicals, clothing and foodstuffs.
• Classes 35 to 45: services, such as advertising, education, restaurants and legal services.

Which classes are most popular with Saudi businesses?

These are common illustrative examples; the official classification list is the final reference:

• Class 3: cosmetics, perfumes and personal care products.
• Class 9: downloadable software, apps and electronic devices.
• Class 25: clothing, footwear and headwear.
• Class 30: coffee, tea, baked goods and confectionery.
• Class 35: advertising, business management and retail services.
• Class 41: education, training and entertainment activities.
• Class 42: technology services and software design and development.
• Class 43: restaurant and café services, and the provision of food and drink.

How do you choose the right class?

1. List what your business actually does: What products do you make or sell? What services do you provide to customers?
2. Distinguish between goods and services: A café owner provides a service (Class 43), but if they sell packaged coffee beans under their brand, they are selling goods (Class 30).
3. Find the right item: Use the classification's search tools to identify the correct class for each item.
4. Take near-term expansion into account: If you plan to launch a new product line soon, consider protecting it early.
5. Draft the list of goods and services precisely: Very broad wording may attract examination comments, while very narrow wording may not cover your business.

A practical example: a coffee roastery with an online store

Suppose you have a roastery that sells roasted coffee through an online store, offers coffee-brewing training courses, and is thinking of opening a café later. In this case you may need to consider:

• Class 30 to protect the coffee itself, which is the core of your business.
• Class 35 if you want to protect retail services through your store.
• Class 41 to protect training courses carrying your brand.
• Class 43 when you are ready to open the café.
• Class 21 if you plan to sell cups or brewing equipment bearing your brand.

This does not mean you must register all these classes immediately; rather, prioritise them: start with what you do today, then what you will launch soon.

What are the common mistakes in choosing a class?

• Registering only in the retail class: A clothing shop owner who registers only in Class 35 may not protect their mark on the clothing itself in Class 25.
• Confusing software with technology services: Downloadable apps are classified differently from software provided as an online service.
• Overlooking secondary products: A restaurant that sells its own sauces in shops may also need protection for goods.
• Registering classes unrelated to the business: This raises the cost with no real benefit.

Can I add a class after registration?

New classes are not added to a registered mark by a simple amendment. Instead, a new application is usually filed for the additional class, and it goes through examination and publication again. Planning your classes early therefore saves time and protects your mark from someone else registering it first in a class you will need later. Whether a single application can cover several classes is governed by the procedures in force on SAIP's platform at the time of filing.

Frequently Asked Questions

Q: Does one class protect my mark in every field? A: No. Protection is tied mainly to the registered goods and services, although it may extend further in special cases, such as well-known marks, as provided by law.

Q: I run an online store. Which class is right for me? A: It depends on what you sell. You will usually need the class for the products themselves, and you may need Class 35 for retail services.

Q: Do class numbers change when the classification is updated? A: The structure of the 45 classes is fixed, but the items within them are updated periodically, so always rely on the version in force at the time of filing.

FATIMA AL ASMARI Law & Intellectual Property Company in Jeddah helps you identify the right classes for your business and draft your list of goods and services as part of its trademark application service, and offers intellectual property consultations to clients across Saudi Arabia. Book your consultation or call +966 56 685 9556.

Legal sources

This article is for general awareness and is not legal advice.