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Practical Guide to Class Selection Under the Nice Classification: How to Choose Among Classes 1–45

GuidePublished 2026-09-17 · Updated 2026-09-17

The methodology of class selection is a three-layer layout: core business classes are mandatory, related business classes follow, and defensive classes depend on capacity. This guide breaks down the structure of the 45 classes.

The standard playbook for trademark class selection is a three-layer layout: the first layer is core business classes, which must be registered; the second is related business classes, which follow; the third is defensive classes, within one's means. The basis of class selection is not "what I want to sell" but "which goods and services my business chain covers." Starting from the classification structure, this guide provides selection methods, industry templates, and a list of pitfalls.

1. Understanding the Structure of the 45 Classes

The Nice Classification divides goods and services into 45 classes: Classes 1–34 are goods, and Classes 35–45 are services.

Overview of Goods Classes

  • Classes 1–5: chemical raw materials; paints and varnishes; cosmetics and cleaning preparations; industrial oils and fuels; pharmaceuticals and medical nutrition. Raw materials and upstream fast-moving consumer goods concentrate here.
  • Classes 6–17: metal building materials; machinery; hand tools; electronics and electrical apparatus; instruments; vehicles; firearms; jewelry and watches; musical instruments; stationery and paper goods; rubber and plastics. The main range for industrial products and hardware.
  • Classes 18–25: leather goods and luggage; building materials; furniture; kitchenware and sanitary ware; ropes and tents; yarns; fabrics and bedding; clothing, footwear, and headgear. The range for household and wearable consumer goods.
  • Classes 26–34: haberdashery; carpets and mats; games and toys; sporting goods; meat, eggs, dairy, and aquatic products; coffee, tea, pastries, and condiments; agricultural and forestry fresh produce; beer and beverages; alcoholic drinks; tobacco. The range for food and daily consumer goods.

Overview of Service Classes

  • Class 35: advertising; business management; sales promotion for others; online retail. An unavoidable class for e-commerce, chains, and marketing services.
  • Classes 36–39: finance and insurance; construction and repair; telecommunications; transport, storage, and travel.
  • Classes 40–45: material processing and customization; education, entertainment, and cultural/sports activities; software design and technical services; food, drink, and accommodation; medical, beauty, and horticultural services; legal, security, wedding, and other social services.

2. The Three-Layer Selection Method

Layer 1: Core Classes

Classes directly corresponding to actual operations — none may be omitted. Criteria:

  • Selling products: register in whichever class the product itself falls.
  • Providing services: register in whichever class the service content falls.
  • Mind the goods/services distinction: selling software is Class 9, while providing software services is Class 42; selling coffee is Class 30, while running a café is Class 43. Goods and services are different classes — when a business spans both, file on both sides.

Layer 2: Related Classes

Directions of natural business extension, including:

  • Upstream and downstream: a clothing business relates to Class 24 fabrics and Class 26 accessories.
  • Channels: almost every brand owner should assess Class 35 (sales promotion for others, online retail display), especially those running online stores or franchise chains.
  • Complements: a restaurant business relates to Class 30 prepackaged foods and Class 32 beverages, facilitating future retail product lines.

Layer 3: Defensive Classes

Classes that prevent others from free-riding on the brand. Consider them only when the brand has reputation, financing, or nationwide expansion plans, and within one's means: every additional class carries application and renewal fees, and non-use for three years invites non-use cancellation.

3. Class Selection Templates for Common Industries

The following are reference templates for common business formats (Layer 1 first, explanations in parentheses); specific projects must still be checked against actual business:

  • Clothing brand: Class 25 (clothing, footwear, headgear) + Class 18 (luggage) + Class 35 (retail promotion) + optional Classes 24 and 26.
  • Restaurant: Class 43 (restaurant services) + Class 30 (condiments and pastries) + Classes 29 and 32 (ingredients and beverages) + Class 35 (chain franchise management).
  • Cosmetics: Class 3 (cosmetics) + Class 5 (medical dressings) + Class 35 + Class 44 (beauty services, if offline stores exist).
  • Tech / Internet: Class 9 (software products) + Class 42 (SaaS technical services) + Class 35 (platform promotion) + Class 38 (telecommunications, depending on business).
  • Education and training: Class 41 (education and entertainment) + Class 9 (teaching software) + Class 16 (textbooks and publications) + Class 35.
  • Food: the corresponding groups in Classes 29–32 according to the products + Class 35.

4. Choosing Similar Groups and Items

Below classes there are similar groups — filing in a class is really filing items:

  1. One mark, one class, 10 items: within the official fee, 10 goods or service items may be selected per class; extra items are charged per item.
  2. Cover multiple similar groups: different similar groups within the same class are not necessarily similar to each other; select items across groups to build an intra-class moat.
  3. Prefer standard names: choose from the standard names in the Classification Table of Similar Goods and Services; non-standard names are prone to correction notices and delay.
  4. Reserve room for growth: while covering current products, factor in the product lines of the next one or two years.

5. Common Class Selection Mistakes

  1. Filing goods classes but missing service classes: online stores filing goods classes but missing Class 35; software companies filing Class 9 but missing Class 42.
  2. Blind faith in full-class registration: registering all 45 classes is costly, and large numbers of unused classes face non-use cancellation after three years — the defensive effect may never materialize.
  3. Mechanically mapping the business scope of the license: the wording of a business license's scope and the classification table are not the same language; they must be translated and checked item by item.
  4. Ignoring cross-class similarity: some goods are found similar across classes, so class-selection searches must look beyond the home class.
  5. Too few, too narrow items: selecting only one or two items per class leaves vast intra-class space for others to fill with similar trademarks.

6. Post-Filing Maintenance

  • Once the acceptance notice is received, the TM symbol may be used; switch to ® upon approval, within the approved classes.
  • File supplementary applications promptly when the business expands into new classes — trademark rights do not automatically follow the business.
  • For unused defensive classes, plan a use scheme in advance or assess the non-use cancellation risk.
  • Build a trademark archive recording each registration number's classes, items, and renewal deadlines — the ten-year term arrives sooner than expected.

Conclusion

Class selection is essentially drawing the boundary of rights: drawn too small, protection fails; drawn too large, it is unaffordable. The three-layer method — core classes mandatory, related classes following, defensive classes within means — is the optimal balance of cost and protection. Check the classification table item by item against your business list before filing, and obtain a professional assessment when necessary; choosing right the first time far outweighs remedying afterwards.

7. Service Entry

If you need the above process handled for you, you may book the trademark registrability assessment service of a CNIPA-recorded agent on MyTMBee, with full assistance from document preparation to filing and follow-up.