The classes of goods and services at the INPI: how to choose?
If you have decided to register your trademark alone at the INPIyou're gonna have to fill out the deposit form. Once you have filled in your personal information (name and address), and indicated your brand, it is time to list the products and/or services you have chosen. To do so, you will need to select the classes that interest you and select or write the corresponding goods and services.
This is probably the most strategic part of your depot.. Indeed, it is important that this list reflects your current and future activities. Once the taxes have been paid and the form validated, it will not be possible to add new products or services. However, it is recommended that you do not make a filing that is too large, with more classes than necessary. Similarly, one should avoid selecting all the goods and services offered by the INPI in a given class. You risk infringing on prior rights and receiving a letter of formal notice or even an opposition.
Classes of goods and services: what are they?
Nearly all trademark offices use the Nice classificationThe "Product Classification System" is an administrative tool that organizes the different products or services into 45 classes. There are currently 34 classes of goods and 11 classes of services. For example, medical devices are in class 10, but medical services are in class 45. Similarly, clothing is in Class 25 and jewellery in Class 14, but styling services are in Class 42. It is possible to consult an overview of the different classes on the INPI website.
When filing, you should select the classes corresponding to the goods or services that you are going to offer under your trademark. This selection will determine the scope of your protection, but more importantly, the amount of fees to be paid. Indeed, a trademark application at the INPI covers only one class. Each addition of class will result in the payment of an additional fee of 40 €.
Selecting all classes: is it possible?
Yes, it is possible to select all 45 classes of goods and services at the time of filing. However, apart from the fact that you will have to pay huge filing fees (almost €2,000), this is not at all legally interesting.
Indeed, the more you multiply the classes, the more you risk encroaching on a prior right. Indeed, two identical (or similar) trademarks can perfectly well coexist if they cover different goods and/or services. For example, a construction company and a clothing trademark may use the same name without confusion. If you aim too broad, you may receive an objectioneven though your actual business is far removed from that of the competitor.
To limit this risk as much as possible, you should therefore only deposit in the classes that correspond to your activity. If, in a few years' time, you extend and diversify your offer, it will still be possible to make a 2nd deposit.
Choice of products and services: pay attention to the button "select all".
Just as it is not advisable to register your trademark in too many classes, it is important to choose the goods and/or services belonging to each class carefully. We explained in a previous article why you have to give up the pre-written wordings. This is all the more valid if you have a "new" job, such as home-organiser, dog-sitter or coach. Indeed, the Nice classification is not a very flexible tool. It is sometimes difficult to find the right wording for it.
Therefore, it happens that some trademarks are registered without the activity of the applicant appearing in the wording. In this case, the registration is useless: the trademark does not protect its owner at all. Therefore, it is fundamental to have a good understanding of how the classes work before filing. And, if necessary, to be accompanied by a professional who will be able to look for specific formulations.