Nice Classification
Also known as: Trademark Classes, Classes of Goods and Services, NCL, Nis Sınıflandırması, Nice Agreement
Author Ali Gül
In short
The international system used to group goods and services in trademark applications, consisting of 34 classes of goods and 11 classes of services.
The Nice Classification, established by the Nice Agreement of 1957, is the international system for grouping goods and services in trademark applications, and Turkey applies it. It has 45 classes: classes 1–34 for goods and 35–45 for services. The World Intellectual Property Organization (WIPO) updates it regularly.
Example Classes
- Class 9: Software, electronic devices, downloadable digital content
- Class 25: Clothing, footwear, headwear
- Class 35: Advertising, business management, retail services
- Class 41: Education, entertainment, sporting and cultural activities
- Class 42: Software development, scientific and technological services, SaaS
- Class 43: Food and drink services, restaurants and accommodation
Why It Matters
Protection is limited to the goods and services in the registration, and it is difficult to rely on a registration for an activity not listed. The list can be narrowed after filing but not extended, so it should be drafted carefully before the trademark application.
TÜRKPATENT applies a communiqué on its list of goods and services that allows applicants to select sub-groups within classes rather than whole class headings.
Classes and Similarity
Classes are an administrative tool, not the test for similarity of goods and services. Software in class 9 and software development services in class 42, for instance, may be considered similar. See Likelihood of Confusion.
Common Mistakes
- A list covering only today’s product that becomes inadequate as the business grows
- An excessively broad list unrelated to actual activity, increasing revocation risk
- Online sellers forgetting retail services in class 35
- Software companies overlooking the distinction between classes 9 and 42
Frequently Asked Questions
Should every application cover all classes?
No. An unnecessarily broad list raises fees and exposes unused goods and services to revocation after five years. The list should reflect actual and reasonably foreseeable business.
Are all products in the same class considered similar?
No. Being in the same class does not automatically make goods similar, and being in different classes does not make them dissimilar. Similarity is assessed separately according to the nature and purpose of the goods.
Related Services
Publications in this area
- Distinctiveness Assessment in Trademark Examinations 06.12.2024
- Rights Over a Person’s Image and Photograph 15.10.2024
- Deepfake Technology – Legal Challenges and Key Questions 17.11.2023
- Assessment of the ‘Quotation’ Method in Videos Published on Social Media in Terms of Turkish Intellectual Property Law 03.02.2023
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