Nice Agreement

General Remarks, Class Headings, and Explanatory Notes

Nice Agreement Eleventh Edition – version 2021 (NCL 11-2021)

International trademark classification, and the headings of the international trademark classes, are established by the Committee of Experts of the Nice Union and set forth in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), published by the World Intellectual Property Organization (“WIPO”). The general remarks, class numbers, class headings, and explanatory notes for each international trademark class are as follows.

The International Classification is available on the WIPO website. However, because the international list was developed to classify goods and services and not to identify specific goods and services, most terms will not be sufficiently definite to use in an identification of goods and/or services. On January 1, 2021, the Nice Classification, Eleventh Edition, version 2021 (NCL 11-2021), became effective. To see a comprehensive list of all the new or changed U.S. ID Manual terms, on or after January 1, 2021, please conduct an advanced search in the Trademark ID Manual using the exact date (“=” sign in the “Effective Date” dropdown menu) of January 1, 2021.

General remarks

The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.

Goods

If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.

(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.

(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.

(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.

(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.

Services

If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.

(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Cl. 38). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in Cl. 36 as a financial service.

(c) Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.

(d) Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (Cl. 35), financing services relating to franchising (Cl. 36), legal services relating to franchising (Cl. 45).

Select A Class

Trademark Class 1

Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry;
unprocessed artificial resins, unprocessed plastics;
fire extinguishing and fire prevention compositions;
tempering and soldering preparations;
substances for tanning animal skins and hides;
adhesives for use in industry;
putties and other paste fillers;
compost, manures, fertilizers;
biological preparations for use in industry and science.

Trademark Class 3

Non-medicated cosmetics and toiletry preparations;
non-medicated dentifrices;
perfumery, essential oils;
bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations.

Trademark Class 2

Paints, varnishes, lacquers;
preservatives against rust and against deterioration of wood;
colorants, dyes;
inks for printing, marking and engraving;
raw natural resins;
metals in foil and powder form for use in painting, decorating, printing and art.

Trademark Class 4

Industrial oils and greases, wax;
lubricants;
dust absorbing, wetting and binding compositions;
fuels and illuminants;
candles and wicks for lighting.

Trademark Class 5

Pharmaceuticals, medical and veterinary preparations;
sanitary preparations for medical purposes;
dietetic food and substances adapted for medical or veterinary use, food for babies;
dietary supplements for human beings and animals;
plasters, materials for dressings;
material for stopping teeth, dental wax;
disinfectants;
preparations for destroying vermin;
fungicides, herbicides.

Trademark Class 6

Common metals and their alloys, ores;
metal materials for building and construction;
transportable buildings of metal;
non-electric cables and wires of common metal;
small items of metal hardware;
metal containers for storage or transport;
safes.

Trademark Class 7

Machines, machine tools, power-operated tools;
motors and engines, except for land vehicles;
machine coupling and transmission components, except for land vehicles;
agricultural implements, other than hand-operated hand tools;
incubators for eggs;
automatic vending machines.

Trademark Class 8

Hand tools and implements, hand-operated;
cutlery;
side arms, except firearms;
razors.

Trademark Class 9

Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments;
apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity;
apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data;
recorded and downloadable media, computer software, blank digital or analogue recording and storage media;
mechanisms for coin-operated apparatus;
cash registers, calculating devices;
computers and computer peripheral devices;
diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming;
fire-extinguishing apparatus.

Trademark Class 10

Surgical, medical, dental and veterinary apparatus and instruments;
artificial limbs, eyes and teeth;
orthopaedic articles;
suture materials;
therapeutic and assistive devices adapted for persons with disabilities;
massage apparatus;
apparatus, devices and articles for nursing infants;
sexual activity apparatus, devices and articles.

Trademark Class 11

Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

Trademark Class 12

Vehicles;
apparatus for locomotion by land, air or water.

Trademark Class 13

Firearms;
ammunition and projectiles;
explosives;
fireworks.

Trademark Class 14

Precious metals and their alloys;
jewellery, precious and semi-precious stones;
horological and chronometric instruments.

Trademark Class 15

Musical instruments;
music stands and stands for musical instruments;
conductors’ batons.

Trademark Class 16

Paper and cardboard;
printed matter;
bookbinding material;
photographs;
stationery and office requisites, except furniture;
adhesives for stationery or household purposes;
drawing materials and materials for artists;
paintbrushes;
instructional and teaching materials;
plastic sheets, films and bags for wrapping and packaging;
printers’ type, printing blocks.

Trademark Class 17

Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials;
plastics and resins in extruded form for use in manufacture;
packing, stopping and insulating materials;
flexible pipes, tubes and hoses, not of metal.

Trademark Class 18

Leather and imitations of leather;
animal skins and hides;
luggage and carrying bags;
umbrellas and parasols;
walking sticks;
whips, harness and saddlery;
collars, leashes and clothing for animals.

Trademark Class 19

Materials, not of metal, for building and construction;
rigid pipes, not of metal, for building;
asphalt, pitch, tar and bitumen;
transportable buildings, not of metal;
monuments, not of metal.

Trademark Class 20

Furniture, mirrors, picture frames;
containers, not of metal, for storage or transport;
unworked or semi-worked bone, horn, whalebone or mother-of-pearl;
shells;
meerschaum;
yellow amber.

Trademark Class 21

Household or kitchen utensils and containers;
cookware and tableware, except forks, knives and spoons;
combs and sponges;
brushes, except paintbrushes;
brush-making materials;
articles for cleaning purposes;
unworked or semi-worked glass, except building glass;
glassware, porcelain and earthenware.

Trademark Class 22

Ropes and string;
nets;
tents and tarpaulins;
awnings of textile or synthetic materials;
sails;
sacks for the transport and storage of materials in bulk;
padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics;
raw fibrous textile materials and substitutes therefor.

Trademark Class 23

Yarns and threads for textile use.

Trademark Class 24

Textiles and substitutes for textiles;
household linen;
curtains of textile or plastic.

Trademark Class 25

Clothing, footwear, headwear.

Trademark Class 26

Lace, braid and embroidery, and haberdashery ribbons and bows;
buttons, hooks and eyes, pins and needles;
artificial flowers;
hair decorations;
false hair.

Trademark Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors;
wall hangings, not of textile.

Trademark Class 28

Games, toys and playthings;
video game apparatus;
gymnastic and sporting articles;
decorations for Christmas trees.

Trademark Class 29

Meat, fish, poultry and game;
meat extracts;
preserved, frozen, dried and cooked fruits and vegetables;
jellies, jams, compotes;
eggs;
milk, cheese, butter, yogurt and other milk products;
oils and fats for food.

Trademark Class 30

Coffee, tea, cocoa and artificial coffee;
rice, pasta and noodles;
tapioca and sago;
flour and preparations made from cereals;
bread, pastries and confectionery;
chocolate;
ice cream, sorbets and other edible ices;
sugar, honey, treacle;
yeast, baking-powder;
salt, seasonings, spices, preserved herbs;
vinegar, sauces and other condiments;
ice (frozen water).

Trademark Class 31

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products;
raw and unprocessed grains and seeds;
fresh fruits and vegetables, fresh herbs;
natural plants and flowers;
bulbs, seedlings and seeds for planting;
live animals;
foodstuffs and beverages for animals;
malt.

Trademark Class 32

Beers;
non-alcoholic beverages;
mineral and aerated waters;
fruit beverages and fruit juices;
syrups and other non-alcoholic preparations for making beverages.

Trademark Class 33

Alcoholic beverages, except beers;
alcoholic preparations for making beverages.

Trademark Class 34

Tobacco and tobacco substitutes;
cigarettes and cigars;
electronic cigarettes and oral vaporizers for smokers;
smokers’ articles;
matches.

Trademark Class 35

Advertising;
business management, organization and administration;
office functions.

Trademark Class 36

Financial, monetary and banking services;
insurance services;
real estate affairs.

Trademark Class 37

Construction services;
installation and repair services;
mining extraction, oil and gas drilling.

Trademark Class 38

Telecommunications services.

Trademark Class 39

Transport;
packaging and storage of goods;
travel arrangement.

Trademark Class 40

Treatment of materials;
recycling of waste and trash;
air purification and treatment of water;
printing services;
food and drink preservation.

Trademark Class 41

Trademark Class 41 Heading with Explanatory Notes Education;providing of...

Trademark Class 42

Trademark Class 42 Heading with Explanatory Notes Scientific and technological services and...

Trademark Class 43

Trademark Class 43 Heading with Explanatory Notes Services for providing food and drink;temporary...

Trademark Class 44

Class 44 with Explanatory Notes Medical services;veterinary services;hygienic and beauty care for...

Trademark Class 45

Legal services;
security services for the physical protection of tangible property and individuals;
personal and social services rendered by others to meet the needs of individuals.

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