Nice Classification
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General Remarks
The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.
GOODS
If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:
SERVICES
If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:
Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.
Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by
Cl. 38
). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in
Cl. 36
as a financial service.
Services that provide advice, information or
consultation
consultancy
are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or
consultation
consultancy
, e.g., transportation consultancy (
Cl. 39
), business management consultancy (
Cl. 35
), financial consultancy (
Cl. 36
), beauty consultancy (
Cl. 44
). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.
The means by which a service is rendered in principle does not have any impact on the classification of the services. For example, financial consultancy is classified in
Cl. 36
whether the services are rendered in person, by telephone, online, or in a virtual environment. However, this remark does not apply if the purpose or result of a service changes due to its means or place of delivery. This is the case, for example, when certain services are rendered in a virtual environment. For instance, transport services belonging to
Cl. 39
involve the moving of goods or people from one physical place to another. However, in a virtual environment, these services do not have the same purpose or result and must be clarified for appropriate classification, e.g., simulated travel services provided in virtual environments for entertainment purposes (
Cl. 41
).
Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (
Cl. 35
), financing services relating to franchising (
Cl. 36
), legal services relating to franchising (
Cl. 45
)).
