The History of the NICE Classification & the 45 Trademark Classes

The NICE Classification is the international system that sorts every possible good and service into 45 numbered trademark classes — Classes 1 to 34 for goods, Classes 35 to 45 for services. Established by the Nice Agreement of 1957 and updated regularly by WIPO, it is the framework Nepal's Department of Industry uses to examine every trademark application.

Key Takeaways

• The NICE Classification was created in 1957 under the Nice Agreement and now has 45 classes — 34 for goods, 11 for services.
• Nepal's Department of Industry uses the NICE Classification for all trademark filings; one application covers exactly one class.
• If your business spans several classes, you must file multiple applications — a restaurant typically needs Class 43 plus Class 35 or Class 30.
• WIPO updates the class headings and explanatory notes every five years; the next edition arrives in January 2027.
• Picking the wrong class is one of the most expensive mistakes a business can make — it leaves your mark unprotected where it matters.
• The system is used by over 90 countries and by IP offices on every continent, making it the closest thing to a universal trademark language.

What is the NICE Classification?

The NICE Classification is an international system that organises every possible product and service into 45 numbered trademark classes so IP offices worldwide can examine and register marks consistently. It was created by the Nice Agreement of 15 June 1957, a multilateral treaty administered by the World Intellectual Property Organization, and is updated every five years — the latest 12th edition took effect on 1 January 2023. Classes 1 to 34 cover goods; Classes 35 to 45 cover services. When you file a trademark in Nepal, the Department of Industry requires you to pick at least one NICE class, because that choice defines the legal boundary of your protection.

How did the NICE Classification begin?

The Nice Agreement was concluded at the Diplomatic Conference of Nice, France, on 15 June 1957, and entered into force on 8 April 1961. Before it, every country maintained its own classification scheme, which made cross-border filing slow, expensive, and riddled with translation disputes. The treaty created a single classification that contracting states — including many beyond the original signatories — could use as their national system. WIPO assumed administration of the Agreement in 1967 and has published a revised edition roughly every five years since; the Committee of Experts, made up of member-state representatives, decides on additions, reclassifications, and explanatory-note changes.

Why does Nepal use the NICE Classification?

Nepal uses the NICE Classification because Sec. 18A of the Patent, Design and Trade Mark Act 1965 authorises the government to classify goods and services by notice in the Nepal Gazette, and in practice the Department of Industry has adopted the Nice system as its standard. Although Nepal is not a contracting party to the Nice Agreement, the DoI follows the classification to align with international norms under the Paris Convention and the WTO TRIPS Agreement. This means a mark registered in Class 30 in Nepal roughly corresponds to the same class abroad, which saves you time and confusion if you later file overseas through a local agent.

What are the 45 trademark classes?

The 45 classes split into two broad groups: Classes 1 to 34 for tangible goods, and Classes 35 to 45 for service activities. Every class has a heading that sketches its scope and a detailed explanatory note that helps you decide whether your product fits. The table below gives a quick-reference overview of what each class covers in practice.

How does Nepal's one-class-per-application rule work?

In Nepal, Sec. 18A(2) of the Patent, Design and Trade Mark Act 1965 requires a separate application for each class. If your brand covers packaged tea, a tea-shop chain, and branded mugs, you cannot protect all three with a single filing — you need three applications: Class 30 for the tea, Class 43 for the café service, and Class 21 for the mugs. The Department of Industry examines each application independently, and each carries its own government fee and registration certificate. This is different from jurisdictions that allow multi-class filings, so it is a common point of confusion for foreign applicants filing through a Nepal-based agent.

Which NICE classes do Nepali businesses file most often?

The most-filed classes at the Department of Industry reflect Nepal's economy: Class 25 (clothing and footwear), Class 43 (restaurants and hotels), Class 30 (tea, coffee, spices and processed foods), Class 35 (retail and advertising), and Class 41 (education and entertainment). A pashmina exporter, for instance, will typically file in Class 25 for the scarves and Class 35 for the retail showroom. A trekking agency leans on Class 39 for transport and tour arrangement and Class 43 for teahouse lodging. Our team at IP Sewa can help you identify which classes match your products — just reach out for a consultation.

How do I choose the right NICE class for my trademark?

Choosing the right class starts with listing every product or service you actually sell today — not what you might sell next year — and then matching each item against the WIPO class-heading list. Nepal's first-to-file system means that if you register in Class 25 for clothing but also sell branded tote bags that belong in Class 18, someone else could legally register a similar mark for bags and you would have no claim. Use the free NICE Class Finder tool or try the AI-powered classifier to narrow your options, then run a trademark database search to check for conflicts in those classes. If your brand touches three or four classes, our team can help you plan a filing strategy that covers the right ground without overspending — contact us here.

What happens if I pick the wrong class?

If you pick the wrong class, your registration does not protect the products or services you actually sell. A café that files only in Class 30 for packaged coffee has zero protection for the restaurant service itself — that belongs in Class 43 — and a competitor could register the same name for a café and block you from using it on your signage. Fixing the mistake means filing a fresh application in the correct class, losing your original priority date and paying a second set of fees. In practice, we see this most often with businesses that sell both goods and services but file only one application, assuming it covers everything. The DoI does not refund fees for an incorrect filing, so it pays to get the classification right the first time.

How often does the NICE Classification change?

WIPO publishes a new edition of the NICE Classification every five years, and the 12th edition entered into force on 1 January 2023. Changes can include adding new class headings — the 11th edition added items for drones, 3D printers, and renewable-energy equipment — or moving a product from one class to another. Nepal's Department of Industry adopts the updates through Gazette notices under Sec. 18A of the Act, though in practice there can be a lag of several months. If you are filing close to an edition change, it is worth checking whether your goods or services have been reclassified, because using the wrong edition can lead to an office objection. You can always consult the latest list on the WIPO NICE Classification page.

A real-world Nepal example: the multi-class tea brand

Imagine a Kathmandu-based business called "Himalayan Leaf" that sells loose-leaf tea, runs a chain of tea houses, and plans to launch branded ceramic teapots. To be fully protected under Nepal's one-class-per-application system, it files three separate trademark applications: Class 30 for the packaged tea, Class 43 for the tea-house service, and Class 21 for the ceramic teapots. If it files only in Class 30, a competitor could open a "Himalayan Leaf" café and register the name in Class 43 without opposition. The business also files in Class 35 to cover its online retail store. This four-class strategy costs more up front than a single application, but it is the only way to secure the brand across every customer touchpoint. Our team at IP Sewa regularly helps businesses map out exactly which classes they need — get in touch before you file.

Common mistakes businesses make with trademark classes in Nepal

• Assuming one registration covers everything. Nepal's law is explicit — one class, one application. A single certificate never spans multiple classes.
• Confusing goods and services. Selling branded coffee beans is a good (Class 30); operating a coffee shop is a service (Class 43). Many businesses need both.
• Filing for future plans instead of current reality. You can file for a product you genuinely intend to launch, but if you never use the mark, the DoI can cancel it under Sec. 18C after one year of non-use.
• Skipping the trademark search. Even if your class is correct, a confusingly similar mark in the same class will block your application. Run a free trademark search before you file.
• Ignoring retail and online sales. If you sell through a website or a physical shop, Class 35 (retail and advertising services) is often essential but frequently overlooked.

In short, the NICE Classification is the foundation of every trademark filing in Nepal — it decides what your registration actually protects. The 45-class system has evolved over nearly seven decades from a treaty signed in Nice into the universal language of trademark offices worldwide, including Nepal's Department of Industry. Getting your class right means your registration works for you; getting it wrong means you have paid for a piece of paper that protects the wrong thing. Before you file, use the NICE Class Finder to shortlist your classes, check for conflicts with our trademark database search, and if you need a second opinion on a multi-class strategy, speak with our team — we handle this every day.

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