Goods and Services for a EU TM (Part 2)
Febbraio 3, 2023
Goods and Services for a EU Trademark – PART 3
How to classify goods and services
You know Nice is definitely a lovely place, with a beautiful "azur" sea and a stunning promenade. So let's dive into that fantastic sea of the “Nice Classification” and surf the waves therein.
First of all it’s important to have a comprehensive overview of any single class composing the entire range of 45 classes that gives life to the Nice Classification.
Here under the list of all the headings, that represent a very useful and smart reference guide for any user, both professional or not, approaching with a trademark registration procedure (including the EUIPO’s one).
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CLASS N. |
HEADING DESCRIPTION
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1 |
Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science |
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2 |
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art |
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3 |
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations |
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4 |
Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting |
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5 |
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides |
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6 |
Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes |
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7 |
Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines |
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8 |
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors |
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9 |
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus |
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10 |
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles |
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11 |
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes |
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12 |
Vehicles; apparatus for locomotion by land, air or water |
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13 |
Firearms; ammunition and projectiles; explosives; fireworks |
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14 |
Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments |
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15 |
Musical instruments; music stands and stands for musical instruments; conductors' batons |
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16 |
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks |
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17 |
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal |
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18 |
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals |
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19 |
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal |
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20 |
Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber |
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21 |
Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware |
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22 |
Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor |
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23 |
Yarns and threads for textile use |
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24 |
Textiles and substitutes for textiles; household linen; curtains of textile or plastic |
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25 |
Clothing, footwear, headwear |
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26 |
Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair |
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27 |
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile |
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28 |
Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees |
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29 |
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and fats for food |
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30 |
Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking- powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water) |
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31 |
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt |
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32 |
Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages |
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33 |
Alcoholic beverages, except beers; alcoholic preparations for making beverages |
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34 |
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers' articles; matches |
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35 |
Advertising; business management, organization and administration; office functions |
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36 |
Financial, monetary and banking services; insurance services; real estate services |
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37 |
Construction services; installation and repair services; mining extraction, oil and gas drilling |
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38 |
Telecommunications services |
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39 |
Transport; packaging and storage of goods; travel arrangement |
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40 |
Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation |
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41 |
Education; providing of training; entertainment; sporting and cultural activities |
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42 |
Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software |
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43 |
Services for providing food and drink; temporary accommodation |
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44 |
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services |
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45 |
Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; babysitting |
Well. It's a long list, but actually not so long if you have a clear idea of what's your business from now up to the next ten years.
It’s important to understand what it’s specifically inside any single class and all the set of terms related to goods and services. Under this point of view it’s important to know that there is a very wide list of any single micro-item related to any single class. Under this point of view a good approach is to set-up a preliminary list of goods and services to be widen or cut on the basis of the links between any class. A lot of goods and services can indeed potentially be placed in several classes or represent a sort of “border-line” items. There are several examples that give us the idea of how it’s fundamental a pre-selection work and a well-done classification. Let’s think about a brand related to a soft-drink spirit beverage, with a low level of alcohol degrees. The majority of spirits, including wine, are placed in Class n. 33 (“Alcoholic beverages, except beers; alcoholic preparations for making beverages”) but beers, that are as well alcoholic beverages, are included in Class n. 32 together with mineral water and non-alcoholic drinks. So the question arising is…what’s the right class for low-alcohol drinks? Class 33 or 32? For sure the selection of both classes could be the right choice, even because the middle consumer of a such kind of products it’s as well border-line. Anyway it’s important to know what is included and what is not included in detail in any single class.
According that topic a very useful hand comes from the explanatory notes related to the Nice Classification and officially provided by the WIPO (World Intellectual Property Office).
If we read carefully the entire text of the Nice Classification we can have access also to these kind of information. Therefore, going back again to the comparison between Class 32 and 33, we can learn that “…Class 32 includes mainly non-alcoholic beverages, as well as beer…” and “…includes, in particular: de-alcoholised beverages; soft drinks; rice-based and soya-based beverages, other than milk substitutes; energy drinks, isotonic beverages, protein-enriched sports beverages; non-alcoholic essences and fruit extracts for making beverages…” whereas “…this Class does not include, in particular: flavourings for beverages being essential oils (Cl. 3) or other than essential oils (Cl. 30); dietetic beverages adapted for medical purposes (Cl. 5); milk beverages with milk predominating, milk shakes (Cl. 29); milk substitutes, for example, almond milk, coconut milk, peanut milk, rice milk, soya milk (Cl. 29); lemon juice for culinary purposes, tomato juice for cooking (Cl. 29); beverages with coffee, cocoa, chocolate or tea base (Cl. 30); beverages for pets (Cl. 31); alcoholic beverages, except beer (Cl. 33)…”. At the same time, taking note of what’s the representation of Class 33, we can learn that “…Class 33 includes mainly alcoholic beverages, essences and extracts…in particular…wines, fortified wines; alcoholic cider, perry; spirits, liqueurs; alcoholic essences, alcoholic fruit extracts, bitters…” whereas “…does not include, in particular: medicinal beverages (Cl. 5); de-alcoholised beverages (Cl. 32); beers (Cl. 32); non-alcoholic mixers used to make alcoholic beverages, for example, soft drinks, soda water (Cl. 32)…”.
Now is definitely clear how is important a comprehensive preliminary selection work on goods and services selection. Sometimes this kind of work could appear simple, sometimes more complex. Maybe it’s something that needs to be done together with a Trademark professional...
...And that’s the reason why TMEU provides to all its users and clients a double choice package:
- the “Self-Service” package where is the directly the user to provide TMEU all features of the trademark to be filed (including sign and list of classes with products and services);
- the “Tailor-Made” one where the user is followed step-by-step since the beginning, from the issuing of the sign to the selection of goods and services.
Are you sure of what kind of goods and services should be included in your TM application at EUIPO?...any doubt arising out?
Don't be anxious. Let's chat with us. TMEU's team is available to give you a hand for whatever you need.
