Why Is the Trademark Class Important in a Search?

Trademark protection is assessed within the scope of the goods and services stated in the application. These goods and services are divided into different classes under the international Nice Classification.

The fact that identical or similar terms appear in different classes does not always mean the trademark can be registered. Even where the class numbers differ, there may be similarity or a connection between the goods and services. Factors such as the distinctiveness and the reputation of the earlier trademark can also affect the assessment.

For this reason a trademark search should look not only at the trademark name, but also at the field of activity the trademark will be used in and the related classes.