Intellectual Property
If you’ve ever tried to register a trademark, you’ve come across the famous “classes” and probably wondered, what is this? How does it work? And most importantly… what class does my trademark belong to?
In order to categorize the vast array of trademarks that exist and ensure the rights of their owners, different types of classifications have been created. In other words, thanks to these classes, it is impossible for two people to use a very similar (or even identical) trademark within the same markets. It also allows for the peaceful coexistence of similar trademarks in different markets.
To make this organization international, the Nice Classification was created in 1957. Today, approximately 150 countries use this classification. Since its creation, it has been reviewed and updated to stay at the forefront regarding the products and services that can be offered in different markets. Currently, it consists of 45 classes, each with its own subdivisions. The first 34 classes protect products, and the remaining classes protect services.
How does the Nice Classification work?
When proceeding with the application for your trademark, you choose the class that is most convenient, whose description is as similar as possible to the products or services you offer. This allows the National Office of Intellectual Property to evaluate the similarities between your application and already registered trademarks, attempting to prevent your registration from infringing on the rights of a third party.
To determine which classes correspond to your trademark, you can consult the Nice Classification online. This way, you can assess under which category your trademark can be registered. However, it is extremely important to consult with a lawyer as registering your trademark under the wrong class or if you require more than one class, your trademark would be left without legal protection, allowing others to use your trademark without legal consequences.
That’s why at Innventiva, we provide personalized assistance and understand your needs to bring your ideas to reality, always seeking to safeguard your rights strategically. You can write to us at info@innventivalegal.com so that together we can ensure your trademark and other intangibles of your business.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
