Nice Classification: How to Choose the Right Trademark Classes

You do not pick classes by guesswork. You use WIPO’s Nice Classification, confirm the acceptable wording in NCLPUB, and file using the edition in force on your filing date. If you rely on class headings alone, expect delays or refusals.

What is the Nice Classification and why does it matter?

The Nice Classification is the global list of classes for trademark filings, created by the 1957 Nice Agreement and administered by WIPO. It splits goods and services into 45 classes, which most offices, and the Madrid System, use to examine your identifications and calculate fees.

• Treaty and overview: WIPO treaty page and summary at https://www.wipo.int/en/web/treaties/classification/nice/index and https://www.wipo.int/en/web/classification-nice
• Database: WIPO’s NCLPUB for headings, explanatory notes, and acceptable indications at https://nclpub.wipo.int/enfr/
• U.S. practice note: USPTO confirms the 45 class scheme at https://www.uspto.gov/trademarks/trademark-updates-and-announcements/nice-agreement-current-edition-version-general-remarks

Why it matters. Your classes define the legal scope of your registration and your government fees per class. Wrong classes, vague wording, or class-heading identifications trigger irregularities, refusals, or narrow rights.

{{IMAGE: Concept illustration of the 45 Nice classes split into goods 1–34 and services 35–45 | Nice divides goods and services into 45 numbered classes}}

Which edition or version should you use in 2026?

Use the edition and version in force on your filing date. For the Madrid System, the Thirteenth Edition applies to international applications and designations filed on or after January 1, 2026, and in Contracting Parties that adopt it from that date or later. WIPO explains editions and interim versions here: https://www.wipo.int/en/web/classification-nice and the 2026 announcement here: https://www.wipo.int/en/web/madrid-system/w/news/2025/coming-on-january-1-2026-thirteenth-edition-of-the-nice-classification

What that means. If you file December 2025, your identifications are examined under the Twelfth Edition. File on January 1, 2026, and the Thirteenth Edition controls for your international filing and any designations that have adopted it.

How do you pick the right classes, step by step?

Here is the same workflow we use for clients. It is simple, but strict.

1) Inventory your next 12 to 18 months of offerings. List the exact goods you will sell and the services you will render. Do not write strategies or business models, write physical or digital things a customer buys.

2) Split the list into goods vs services. Finished goods and downloadable files are goods. Retailing, consulting, SaaS, and repair are services.

3) Search each item in NCLPUB. Use https://nclpub.wipo.int/enfr/ and try close synonyms. Click into the suggested term to view its class and the explanatory note for that class.

4) Read the explanatory note before you choose. The note tells you what the class covers and, equally important, what it excludes. If the note says software as a service belongs in Class 42, do not try to force it into Class 9.

5) Use acceptable indications, not class headings. Pick clear, specific wording that NCLPUB lists as acceptable. Avoid catchalls like “technology services.” If you cannot find a term, refine it until the database returns a clear match.

6) Confirm the edition and version at filing. Re-check the WIPO overview page on your filing date to ensure your terms are aligned with the current edition or any interim version changes.

7) Madrid applicants, expect classification review. The International Bureau examines classification and can invite corrections if a term is unacceptable. See WIPO’s Madrid guidelines at https://www.wipo.int/edocs/mdocs/madrid/en/mm_ld_wg_15_rt/mm_ld_wg_15_rt_classification_guidelines_ib.pdf

8) Final pre-file check by jurisdiction. If you are filing nationally, verify that the local office accepts your term. Many follow NCLPUB closely, but practice can differ at the margins.

{{IMAGE: Process flow diagram of the 8-step class selection workflow from inventory to pre-file check | Step-by-step Nice class selection workflow}}

What are the most common misclassification traps we fix?

Here are the patterns we see every week across filings.

• Using class headings as identifications. Do not file “Class 25: clothing.” Offices and WIPO want specific items like “T-shirts, hoodies, socks.”
• Mixing goods and services in one class. Retail of clothing is Class 35, not Class 25. Software development is Class 42, not Class 9.
• Vague catchalls. “Technology services” or “platform services” will draw an invitation to clarify. Name the function, the field, and the delivery model.
• Software mix-ups. Downloadable software is Class 9. SaaS and PaaS are Class 42. Recorded media is Class 9, but data storage services are Class 39 or 42 depending on wording.
• Beauty and wellness crossovers. Cosmetics are Class 3. Beauty salon services are Class 44. Dietary supplements are Class 5.
• Apparel supply chain confusion. Clothing is Class 25. Advertising or online retail of clothing is Class 35. Fabric and textiles are Class 24. Custom tailoring is Class 40.
• Hardware vs components. Finished machines often fall in Class 7. Electronic sensors might be Class 9. Replacement parts usually follow the machine’s class, but check the notes.

If you see “software” or “technology services” standing alone in your draft, expect trouble.

{{IMAGE: Side-by-side comparison of correct vs incorrect identifications for software, apparel, and cosmetics | Clear acceptable terms vs vague or wrong wording}}

How does the Madrid System handle classification problems?

Madrid filings must follow Nice. The International Bureau checks your identification against the current edition. If wording is unacceptable, the IB will invite you to correct it. See the examination guidance here: https://www.wipo.int/edocs/mdocs/madrid/en/mm_ld_wg_15_rt/mm_ld_wg_15_rt_classification_guidelines_ib.pdf

What this means for timing. Corrections add back-and-forth and can delay notification to designated offices. If your term cannot be cured to fit a class, you might lose that item or need to adjust designations. Get the wording right before you submit.

A real example from our desk. A beauty brand filed internationally with “cosmetics” as a heading and “skin care” as a vague term. The IB invited correction. We replaced the heading with acceptable indications in Class 3, including “non-medicated skin serums” and “facial cleansers,” and added Class 35 “online retail store services featuring cosmetics” for their e-commerce channel. The record cleared without further irregularities.

What are quick-reference class guides for common sectors?

This is not a substitute for NCLPUB, but it helps you think in the right lane.

• Software and tech

- Class 9: downloadable software, recorded computer programs

- Class 42: software as a service, platform as a service, design and development of software

- Class 38: telecommunications for messaging platforms

• Fashion and retail

- Class 25: clothing, footwear, headwear

- Class 35: retail or online retail services, advertising

- Class 24: textiles, fabrics

• Beauty and wellness

- Class 3: cosmetics, perfumes, make-up

- Class 5: dietary supplements, medicated preparations

- Class 44: beauty salon services, cosmetic skin care services

• Hardware and devices

- Class 7: machines and machine tools

- Class 9: scientific and electronic apparatus and sensors

- Class 10: medical devices, where applicable

When in doubt, read the explanatory note in NCLPUB, then pick the acceptable indication that matches your exact thing or service.

{{IMAGE: Simple decision tree for classifying a software offering across Classes 9 and 42 with examples | Software classification decision tree}}

How should you use NCLPUB effectively?

NCLPUB is your primary tool. It provides class headings, explanatory notes, and a large set of acceptable terms that many offices and the International Bureau recognize.

• Start with the explanatory note for the candidate class. It frames what belongs and what does not.
• Search by function and output. Try both “fitness tracking app” and “downloadable computer software for fitness tracking.”
• Prefer complete acceptable phrases. If the database shows a full, clear term, use that wording rather than paraphrasing.
• Check the edition/version selector. Make sure the interface is set to the edition and version that will govern your filing date.

For EU or national strategies that go beyond classification, see our guide on EU Trademark Classes and Goods/Services: A Strategic Filing Guide and our cost explainer, How Much Does It Cost to Trademark a Name in 2026? A Complete Breakdown.

When should you think about class count and budget?

Class count drives fees in most offices, and it shapes your enforcement posture. Cover the goods you sell today and the services you will offer shortly, not every idea in your business plan. Many brands start with 1 to 3 classes, then expand as the product line grows or as they enter new markets.

Two practical tips from our filing bench:

• If a reseller channel is material, add Class 35 retail or wholesale services to capture that value chain.
• For software-driven brands, consider both Class 9 for downloadable apps and Class 42 for SaaS. The wrong pick can leave a hole in coverage.

Why work with GTC on classification and filing?

Clear identifications save months and money. Since 2016, our attorney-led team has helped clients pick precise goods and services and file in over 107 jurisdictions. We have 11 in-house lawyers across 5 offices, and we draft identifications that the USPTO, EUIPO, and WIPO’s International Bureau accept without drama.

Ready to file or sanity-check your wording? Start with a targeted class plan, then we file and handle any questions from the office.

Related reading:

• Trademark Searches: Beyond Google – Comprehensive Tools and Best Practices
• US vs EU Trademark: Which Should Your Business File First?