Choosing Nice Classes for a Trademark: How to Avoid Mistakes and Protect Your Business

You have spent months developing the perfect product and a unique name. You are ready to invest in registration to protect your brand. But did you know that by registering a TM for “cosmetics production,” you do not automatically receive protection for “selling these cosmetics in an online store”? Or that by protecting a name for “clothing,” you leave it unprotected for “bags and accessories”?

These nuances are regulated by Nice Classification classes — a complex system that often becomes a “stumbling block” for entrepreneurs. It is errors in choosing classes that lead to competitors legally using your name in related fields, parasitizing on your reputation. This article is your step-by-step guide to avoiding these mistakes and building a solid legal perimeter around your brand with no weak spots.

Section 1: What are Nice classes and how do they work?

Before diving into the selection strategy, it is necessary to understand the essence of this tool. The Nice Classification (International Classification of Goods and Services) is not just a bureaucratic requirement, but a global, logical system that underlies the entire global trademark registration system. Understanding its purpose and structure is the key to building effective protection for your brand.

Subsection 1.1: Purpose of the classifier: how does Nice organize the global market?

Imagine the global economy as a giant library where every company is a book. To avoid chaos in this library, a unified catalog is needed. The Nice Classification is that catalog. Its main purpose is to unify and systematize millions of goods and services into clear categories understood in any country in the world. This allows solving a fundamental problem: how can brands with the same names coexist without competing with each other?

A classic example is the “Dove” brand. Under this name, we know both chocolate (confectionery, class 30) and cosmetic products (soaps, creams, class 3). They can legally exist in parallel because they operate in radically different classes and do not mislead the consumer — no one will confuse a chocolate bar with shower gel. If this system did not exist, the first company to register the name “Dove” could monopolize it for any goods, which would paralyze the market. The Nice Classification creates order by clearly delineating the spheres of interest of each business.

Thus, the Nice Classification is not a complication, but a global standard for bringing order and ensuring fair competition. This system allows you to accurately determine where your exclusive rights to the brand begin and end.

Subsection 1.2: Structure of the Nice Classification: 34 classes for goods and 11 for services

The entire classification is divided into two large blocks, understanding the difference between which is critical:

1. Goods (classes 1-34): these are everything that has a material, physical form. This is what can be manufactured, packaged, placed on a shelf, and sold. The spectrum here is huge: from chemicals (class 1), paints (class 2), pharmaceuticals (class 5) to jewelry (class 14), furniture (class 20), clothing (class 25), and food products (classes 29-32).
2. Services (classes 35-45): these are activities performed for the benefit of others. A service is intangible; it is a process. This includes: advertising and sale of goods (class 35), construction (class 37), telecommunications (class 38), education and entertainment (class 41), restaurant services (class 43), medical (class 44), and legal services (class 45).

The most common mistake entrepreneurs make is focusing only on the class of their product, forgetting about services. If you manufacture clothing, your product belongs to class 25. But if you sell it in your own store or through a website, you are providing a sales service, which belongs to class 35. Without protection in both classes, your trademark will be vulnerable.

The fundamental “goods vs. services” structure of the Nice Classification requires business owners to analyze their activities comprehensively. It is necessary to answer not only the question “What do I produce?” but also “How do I sell, advertise, and service it?”.

Subsection 1.3: “Legal precision”: why can’t you just write “I sell clothes”?

Submitting an application for TM registration is like filling out a legal contract — every word matters. You cannot just specify general wording. Each of the 45 classes has an officially approved list of specific terms, and these are exactly what you need to use.

For example, if you want to protect your clothing brand in class 25, you cannot write “clothing.” You need to detail: “dresses, t-shirts, pants, coats, sweaters, skirts, underwear.” If you miss something, for example, “socks,” your protection will not extend to them. The same applies to services. In class 35, you cannot write “sale of goods.” You must use the official wording: “bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods.”

Why is this so important? Using incorrect or inaccurate terms can lead to:

• An inquiry from the IP Office examination, which will delay the registration process by several months.
• Narrowing the scope of legal protection: If your wording is ambiguous, it may be interpreted against you.
• Complete refusal to accept the list.

Thus, legal precision in formulating the list of goods and services is not a bureaucratic whim, but a requirement that directly affects the quality, breadth, and reliability of your future certificate. It is at this stage that a lawyer’s experience is indispensable.

Section 2: Why is choosing the right classes more important than a good logo?

Entrepreneurs invest significant resources in creating a visual identity: developing a logo, corporate style, and packaging design. This is undoubtedly important for attracting customer attention. However, in the legal plane, a good logo without proper protection is just a pretty picture. It is the correct choice of Nice classes that turns this picture into an impregnable fortress. A mistake at this stage can lead to a situation where your brand, known and loved by customers, turns out to be completely defenseless against the actions of competitors, which will lead to direct financial and reputational losses.

Subsection 2.1: Insufficient protection: when you leave the “door” open for competitors

Let’s imagine a real business situation. You are a talented pastry chef who creates unique signature desserts under the “ArtCake” brand. You decide to register a trademark and, guided by logic, choose only class 30, which covers “confectionery, cakes, pastries, chocolate.” You receive the certificate and consider your brand fully protected.

Your business grows, you open an Instagram page, run a culinary blog, and the name “ArtCake” becomes synonymous with quality desserts. A competitor, noticing your success, takes the next step: they open a chain of culinary schools called “ArtCake School” and register this TM in class 41 (“education, training, organization of masterclasses”). Can you forbid them from doing this? No.

Your protection is valid only within the 30th class. You can forbid them from selling cakes under your name, but you cannot forbid them from teaching how to prepare them. Thus, they legally use your reputation to attract customers to their school, and part of the audience will be sure that this is your project. You left the “door” open for them by not thinking about a related, but legally different, sphere of activity.

So, insufficient protection is a situation where you protect only “what” you do, but not “how” you do it or “what else” you could be doing. This creates “blind spots” that more agile competitors will certainly use to make money on your name.

Subsection 2.2: Inability to prohibit the use of your name in related fields

Brand protection via a TM acts, conditionally speaking, “vertically” within the chosen class, not “horizontally” across the entire market. This means that your exclusive rights extend only to a specific list of goods and services. Let’s consider another example, typical for online business.

You launch a successful fitness mobile app “FitBalance” and register a TM in class 9 (“downloadable software”). The app becomes popular, and you start monetizing it through the sale of personalized training plans and nutritionist consultations. However, you did not take care of protecting the services. Another entrepreneur sees this and launches a line of sports nutrition and dietary supplements under the “FitBalance” brand, registering a TM in class 5 (“dietary supplements”) and class 29 (“protein shakes”).

A paradox arises: users of your app, looking for high-quality sports nutrition, will likely buy the competitor’s products, thinking it is part of your ecosystem. You will not be able to forbid them from doing this, as they operate in a different, unprotected sphere. Moreover, if their products turn out to be of poor quality, it will deal a direct blow to the reputation of your app. You did not foresee protection for the logical expansion of your brand into a related product category.

Thus, the lack of protection in related, logically connected spheres is a strategic miscalculation that allows other companies to “hitchhike” on your successful brand and even harm its reputation. Comprehensive protection requires analyzing not only current activities but also all potential vectors of development.

Section 3: Practical examples of choosing classes for your business

Theory is important, but the logic of Nice is best revealed through real business cases. Below we will analyze the most popular types of business and show which set of classes provides them with not just formal, but truly reliable and comprehensive brand protection. Try to find your own among these examples and draw an analogy with your own activities.

Subsection 3.1: For an online store and any retail trade

This is a fundamental example, as the sale of goods is the basis for many businesses. The main mistake here is thinking that by selling, for example, cosmetics, you only need to register a TM for cosmetics. In reality, the key is protecting the sales process itself.

• Class 35 (mandatory): this is the heart of protection for any retailer. It covers services such as: “advertising,” “business management,” “business administration,” and most importantly — “bringing together, for the benefit of others, of a variety of goods…, enabling customers to conveniently view and purchase those goods.” This wording protects the activity of both a physical store and an online store, marketplace, or Instagram page. Without protection in this class, anyone can open a store with your name.
• Goods classes (depending on the assortment): if you sell goods under your own trademark (private label), you additionally need protection in the classes of these goods. For example, if your online store sells clothing of your own brand, you need a combination of class 25 (clothing) and class 35 (store services).

Thus, for any business involved in sales, class 35 is critically important. It protects your point of sale, your storefront — whether it is a physical space or a website. Protection in goods classes is needed additionally only if these goods are released under your brand.

Subsection 3.2: For a clothing, footwear, or accessories brand

The fashion industry is one of the most competitive, so comprehensive protection is an absolute necessity here. A classic set for a clothing brand looks like this:

• Class 25 (main, goods): this is the base class that protects the product itself. It includes: “clothing, t-shirts, dresses, pants,” “footwear,” “headgear.”
• Class 35 (mandatory, services): as we have already found out, this class protects the sales process: the activity of your boutique, showroom, corner in a shopping center, or online store.
• Class 18 (strategic, for expansion): if your brand plans to or already produces bags, wallets, backpacks, belts, you definitely need protection in this class (“leather and imitations of leather”).
• Class 40 (for manufacturers and ateliers): if you not only sell but also offer services for custom tailoring, repair, or customization of clothing, these services are protected specifically in class 40 (“treatment of materials; tailoring of clothing”).

So, for a fashion brand, protecting only class 25 is knowingly leaving yourself vulnerable. A full-fledged strategy should cover both the product itself and its sales channels, as well as take into account potential expansion of the assortment into related categories, such as accessories.

Subsection 3.3: For a coffee shop, restaurant, or other food establishment

The HoReCa (Hotels, Restaurants, Catering) sector is characterized by a combination of services and the sale of own-produced goods, which requires a particularly careful approach to choosing classes.

• Class 43 (main, services): this is the main class for any establishment. It protects “services for providing food and drink; services of cafes, restaurants, bars, canteens.” It is this class that will not allow a competitor to open another establishment with your name.
• Class 30 (goods, “groceries”): if your coffee shop sells its own roasted coffee beans, signature tea, pastries, cakes, or “to-go” desserts, these goods are protected in class 30.
• Classes 29, 31, 32 (goods, “products”): if you make your own yogurts, cheesecakes (class 29), freshly squeezed juices, lemonades, smoothies (class 32), or sell fresh fruits or salads (class 31), you need protection in these classes as well.
• Class 35 (retail services): if your establishment has a shelf where you sell related goods of other brands (e.g., coffee makers, cups, drip bags), then the services for their sale are protected right here.

For the restaurant business, protection in class 43 is the mandatory minimum. However, to create a full-fledged, protected brand that can sell its own products and develop merch, a thorough analysis of the entire menu and “to-go” assortment is necessary.

Subsection 3.4: For an IT company, SaaS service, or mobile app

The digital sphere has its own specifics. Here it is important to distinguish between the software product itself as a good and the process of its development and support as a service.

• Class 9 (main, goods): this is the class for “recorded software” and “downloadable mobile apps.” It protects your product, which can be installed on a computer or smartphone.
• Class 42 (key, services): this is the main class for IT services. It includes “software development,” “software as a service (SaaS),” “cloud computing,” “computer system design,” “IT consulting.” Without this class, you will not be able to protect your activity as a developer or service company.
• Class 38 (communications): if your service includes chat functions, forums, data transmission, video calls, then these telecommunication services are protected in class 38.
• Class 41 (education): if you conduct educational webinars, courses, or trainings based on your product, these services require protection in class 41.

So, for an IT business, a combination of class 9 (product) and class 42 (services) is basic and mandatory. Other classes are added depending on the specific functionality and additional services provided by your company.

Section 4: Strategic approach: how to choose classes “for growth”?

Trademark registration is not a short-term tactical decision, but a long-term investment. The certificate is issued for 10 years, and during this time your business will grow, change, and develop. That is why when choosing Nice classes, it is critically important to think ahead and apply a strategic approach. Choosing classes “for growth” means protecting not only what you are today, but also what you plan to become tomorrow. This allows you to lay a solid legal foundation for future projects and avoid the need to go through the entire registration process again in a few years.

Subsection 4.1: Analysis of current activity: what are you doing right now?

The first step in developing a strategy is creating a complete and honest picture of your current business model. Many entrepreneurs focus only on the main product, ignoring a multitude of related processes that also require protection. To not miss anything, take a sheet of paper or open a document and answer the following questions:

1. What specific goods do I produce/sell? Make the most detailed list possible. Not “cosmetics,” but “face creams, serums, masks, shampoos.” Each of these goods will help to more accurately determine the necessary classes (e.g., class 3).
2. What specific services do I provide? This is not just the main service. If you are a photographer (class 41), perhaps you also sell your photos on stock sites (class 35) or edit others’ shots (class 40)? If you are an IT company (class 42), perhaps you conduct training courses (class 41)?
3. How do I interact with the client? Do you have a physical store, showroom, website, mobile app, Instagram page? Each of these channels falls under the services of class 35.
4. Does my business have unique processes? For example, if you provide 3D printing services on demand, this falls under class 40 (treatment of materials).

A thorough analysis of current activity will allow you to form a “core” — the minimum necessary set of classes that will provide basic brand protection today.

Auditing current activity is the starting point. It helps to see the full picture of your business from a legal point of view and ensures that you do not miss key areas that already need protection.

Subsection 4.2: Plans for future expansion: what do you plan to do in 2-3 years?

This is the most important part of strategic planning. TM registration takes on average 1.5-2 years. During this time, your business can change significantly. Therefore, classes need to be chosen taking into account plans for the next few years. Think about the following questions:

• Assortment expansion: do you plan to add new product categories? For example, a sportswear brand (class 25) can logically expand into the production of sports equipment (class 28) or dietary supplements (class 5).
• Releasing merch (related products): any strong brand sooner or later starts releasing merch to increase audience loyalty. This could be t-shirts (class 25), cups (class 21), pens and notebooks (class 16), phone cases (class 9). If there are such plans, it is worth protecting these classes in advance.
• Transition to the service sector: if you are a manufacturer (e.g., of coffee), do you plan to open your own chain of coffee shops (class 43) or launch educational courses for baristas (class 41)?
• Entering new markets: although national registration is valid only in Ukraine, the correct choice of classes today will facilitate subsequent international registration, as the list of goods and services will already be formed and verified.

The most important thing to remember: it is impossible to add a new class to an already submitted application. If in a year you decide that you need another class, you will have to submit an entirely new application and go through the entire two-year registration process from the very beginning.

Section 5: Common mistake: “I’ll save on one class”

In the process of trademark registration, there comes a moment when you and your lawyer have determined the optimal set of classes that covers your current and future needs. And here the temptation arises: “Maybe for now I’ll register only one, main class, and add the others later? This will save on state fees right now.” This is one of the most common and dangerous mistakes, which is based on a false understanding of the cost of risks. Let’s analyze why saving on full protection today almost certainly leads to significantly higher costs tomorrow.

Subsection 5.1: False economy: the price of the question today

State fees for TM registration indeed depend on the number of classes. For submitting an application, you pay a base rate for one class, and for each subsequent class, a certain amount is added. For example, in 2025, the base fee is 4285 UAH, and the surcharge for each additional class is another 4285 UAH. Thus, by refusing a second, strategically important class, you save 4285 UAH. This amount may seem significant, especially for a business just starting its journey.

The entrepreneur thinks: “Now I will save this money, and when the business expands and free funds appear, I will submit another application for another class.” This logic does not take into account two key factors:

1. “First-to-file” priority principle: While you are waiting for “better times,” the niche you left unprotected may be occupied by someone else.
2. Real cost of lost opportunities and future problems: The amount you “saved” is incomparably smaller than potential losses.

Saving on the number of classes is a tactical benefit that creates a huge strategic vulnerability. You knowingly leave part of your “legal perimeter” without protection, hoping that no one will encroach on it.

Subsection 5.2: Real cost of risks: the price of the question tomorrow

And now let’s look at what this “saving” of 4285 UAH can turn into in a year or two, when your brand becomes recognizable.

Scenario 1: A competitor occupies your niche.
You produce craft cheeses (protected class 29) and decided not to protect store services (class 35) for now. Your brand becomes popular. A competitor, seeing this, opens a chain of gastro-shops under your name and registers a TM in class 35. Now they can legally operate, but you cannot. To solve this problem, you will have to:

• Negotiate the buyout of rights: if they agree to sell them, the price can reach thousands or even tens of thousands of dollars.
• Conduct a full rebranding of your chain of stores, which means changing signs, the website, packaging — these are colossal expenses and a loss of recognition.

Scenario 2: You are ready for expansion yourself.
You decided that it is time to expand the business into the very niche you did not protect. Now you need to submit a new application for TM registration in an additional class. This means:

• Re-payment of fees: you pay the same 4285 UAH again (or more if rates increase).
• Re-waiting: you wait another 1.5-2 years for the examination to pass.
• New risks: There is no guarantee that during this time no one else has submitted an application for your name in this class. You may receive a refusal and lose the opportunity to expand under your own brand.

Scenario 3: “Patent trolling” or squatting.
“Brand hijackers” often analyze successful companies and knowingly register their names in free but logically related classes to then blackmail the owner. Your “saving” makes you an ideal target for such actions.

Refusing to protect an important class today is not saving, but a deferred payment with significant interest. In the future, you are guaranteed to pay much more: in money, time, or, in the worst case, part of your business. Investing in a full set of classes immediately is the cheapest and most reliable option.

Conclusion

So, choosing Nice classes is not a technical formality, but one of the most important strategic decisions in the process of trademark registration. A mistake at this stage can devalue your certificate, leaving the business vulnerable to attacks by competitors in the most unexpected, but often most profitable, niches. As we have seen in the examples, comprehensive brand protection almost always requires a combination of classes that describe both the product itself, the process of its sale, and plans for the future.

The “I’ll save today” approach does not work. This is a false economy that tomorrow may cost you much more — in lost time, money, and even part of the market.

Do not build your business on guesswork. The correct choice of classes requires experience and a deep understanding of your industry.

The BrandR team will help develop an individual protection strategy for your brand, taking into account your current needs and plans for the future.