The Nice Classification having been recently updated, a post on this obscure (for many) and inconvenient (for everyone) listing is in order.
What is this classification?
It's a breakdown into 45 classes somewhat brutal (a bit like the map of Africa) of all the products and services that can be offered to the public. Some are very targeted (Class 25, which includes only clothing and footwear, for example)others are frankly a catch-all. (in particular class 9 which includes DVDs, fire extinguishers and laboratory ovens... Note, there is a link, the second can possibly compensate for the malfunction of the third).
The main purpose of this classification is to enable countries issuing marks to draw on the fees according to the number of classes chosen by the depositor. Convenient for the State, much less for us, the wording writers. Indeed, particular care must be taken in choosing the class in which one wishes to introduce a product or service, because in case of mistake some countries refuse the said product or service by not allowing the addition of the class in which it considers it should have been (this is the case of France).
One of the problems is that the Nice classification dates from 1957and that, as you have understood, the products and services offered to the public have somewhat evolved ever since. Indeed, if the laces of class 26 have hardly changed since 1957, the creation of smartphones, drones and other new technologies requires a regular revision of the classification. Now, since 2013, a expert panel meets every year to modify the classification to adapt it to the constant changes in technology but also to the practices of the offices of all countries.
However, many products and services have not been classified. In such cases, a analysis of the product or service in question in order to place it in the class that best suits it, sometimes based on its object, sometimes his destinations, other times from the subject ...that makes it up... Happy puzzle... Happy puzzle! An interesting example is that of statuettes: a statuette made of non-precious metal will go to class 6 (metals), if it is made of precious metal it will go to class 14 (jewellery and precious metals), if it is made of wood it will go to class 20 or finally if it is made of crystal it will belong to class 21.
Finally, since the number of classes chosen has a direct link with the final cost of a trademark, it is sometimes necessary to set up a real strategy in the choice of classes associated with a fine drafting products and services in order to obtain the broadest protection at the lowest cost.
The choice of classes of goods and services is therefore far from trivialand can be a very complex exercise. Being accompanied by a professional who is used to the rules of classification and who is familiar with editorial practices helps to avoid pitfalls and above all unnecessary expenses (a badly registered trademark often has to be re-registered, and therefore paid twice!). More info on our dedicated page :)
You can also find a more detailed fact sheet about the Nice classification on this blog.