Trade Mark Classes

• Published date: 09 March 2022
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Marks & Clerk
• Author: Ms Julie Canet

This article first appeared in our latest issue of Scran & sIPs where we look at machine learning and immersive technology in the food & drink industry, the Patent Box tax incentive, trade mark use requirements, as well as the trade mark classification system as presented by Julie, below.

When applying for a trade mark and for searching purposes, it is necessary to list the goods and/or services for which the mark is intended to be used. Goods and services are categorised into different "Classes" by reference to the Nice Classification. Each Class corresponds with a different category of goods or services and there are 34 Classes for goods and 11 Classes for services.

With the exception of trade marks with a reputation, a mark is protected only in respect of goods and services identical or similar to those covered by the registration. This is why the drafting of the specification is a crucial step of obtaining trade mark protection.

The number of Classes required will have an effect on costs for filing an application. A very specialised business may only need one or two Classes but others may need to cover a variety of goods and services falling in different Classes.

Using "ski trip" as theme for this edition of Scran & sIPs, we take a glimpse at how classification works and what each Class may cover:

Class 1 mainly includes chemical products for use in industry, science and agriculture. It covers "snow melting agents", "chemical preparations for melting snow and ice" and "anti-freeze".

Class 2 mainly includes paints, colorants and preparations used for protection against corrosion. It covers "oils for the preservation of wood" and "wood lacquers".

Class 3 mainly includes non-medicated toiletry preparations, as well as cleaning preparations for use in the home and other environments. It covers "sun cream" and "lip balm".

Class 4 mainly includes industrial oils and greases, fuels and illuminants. It covers "wax for skis and snowboards" and "candles".

Class 5 mainly includes pharmaceuticals and other preparations for medical or veterinary purposes. It covers "preparations for treating colds" and "vitamin preparations".

Class 6 mainly includes unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals. It covers "snow irons [crampons]" and "snowboard locks of metal".

Class 7 mainly includes machines and machine tools, motors and engines. It covers "snowplows", "electric ski edge sharpening tools" and "ice crushing machines".

Class 8 mainly includes hand-operated tools and implements for performing tasks, such as...