When registering a trademark in Saudi Arabia, one of the most crucial decisions a business owner or brand representative must make is selecting the correct trademark class. This decision directly affects the scope of protection your trademark will receive and can have long-term legal and commercial consequences if done incorrectly.
In this article, we will delve into:
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- What trademark classifications are
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- The Nice Classification system used in Saudi Arabia
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- Why selecting the correct class matters
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- Examples of classes and business types
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- Consequences of misclassification
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- Best practices for businesses
What Is a Trademark Classification?
A trademark classification is a system that categorizes various goods and services into different classes. This system is used internationally to streamline the trademark registration process and to clearly define the scope of legal protection granted to each trademark.
Each trademark is registered under one or more classes depending on the goods or services that the business intends to offer under the brand name or logo. The trademark will only be protected within those specific classes.
Example:
If you register a trademark for a perfume brand under Class 3 (which includes cosmetics and fragrances), that registration will not automatically protect you in Class 25 (which includes clothing). Another business could legally register a similar or identical trademark in Class 25 without infringing your rights.
This blog is a part of The Ultimate Guide to Intellectual Property Law – ATB Legal blogpost.
The Nice Classification System: A Global Standard
Saudi Arabia uses the Nice Classification System (pronounced “nees”), which is an international classification system established by the Nice Agreement (1957) and administered by the World Intellectual Property Organization (WIPO).
Key Features of the Nice Classification System
- Total of 45 classes
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- Classes 1–34 cover goods
- Classes 35–45 cover services
- Each class comes with a list of terms describing the goods or services it includes.
- The classification is updated regularly. The current version as of 2025 is the 12th edition, version 2025 (NCL 12-2025).
Why Selecting the Correct Class Is Essential
Choosing the right class (or classes) is not just a formality — it defines the legal boundary within which your trademark is protected. Incorrect classification can lead to the following risks:
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- Loss of Protection
If your trademark is registered under the wrong class, it might not protect the actual goods or services your business offers, leaving you vulnerable to infringement or copycats.
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- Opposition or Refusal
Saudi Arabia’s Saudi Authority for Intellectual Property (SAIP) may refuse your trademark application if the class selection is unclear or doesn’t match the business activity described.
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- Legal Disputes
Improper classification can weaken your case in enforcement actions, such as infringement claims or customs seizures.
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- Reapplication Costs
Once a trademark is registered, you cannot later amend the class to include new goods or services. You would need to file a new application, resulting in extra time and cost.
Overview of Key Trademark Classes in Saudi Arabia
Here are examples of some commonly used trademark classes under the Nice Classification system:
Class No. | Description | Examples of Goods/Services |
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Class 3 | Cosmetics and cleaning products | Perfumes, lotions, soaps |
Class 5 | Pharmaceuticals | Medicines, supplements |
Class 9 | Technology products | Mobile apps, software, electronics |
Class 25 | Clothing | Apparel, footwear, headgear |
Class 35 | Advertising and business services | Marketing, retail services, consultancy |
Class 41 | Education and entertainment services | Online courses, training, media production |
Class 43 | Hospitality | Restaurants, cafes, hotels |
If a company sells organic skincare products, it should apply under Class 3. If the same brand offers health and nutrition advice, it might also require protection under Class 44.
How to Choose the Right Trademark Class
Here are some steps to help ensure your trademark is filed under the correct class(es):
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- Understand Your Business Activities
Clearly define the goods and/or services your brand offers. Think both present and future — what you’re selling now and what you plan to expand into.
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- Refer to the Nice Classification Index
Use the official Nice Classification searchable tool or consult a legal professional to identify which class(es) match your business.
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- Use Precise Descriptions
Your trademark application should include a clear and specific description of the goods/services under each class. Vague terms can lead to objections or rejections.
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- Consider Multiple Classes
If your business spans multiple areas (e.g., a tech brand selling hardware and offering software-as-a-service), it’s wise to register in multiple classes to ensure complete protection.
Trademark Class Filing in Saudi Arabia: Local Context
Saudi Arabia is a member of WIPO and follows international IP treaties such as TRIPS (Trade-Related Aspects of Intellectual Property Rights). However, trademark enforcement and registration are handled locally by SAIP.
Key Notes:
- Applications must be filed in Arabic.
- Class headings alone are not sufficient — you must specify the actual goods/services.
- A separate filing fee is required per class, so filing in multiple classes increases cost.
Consequences of Misclassification: A Realistic Scenario
Let’s say “Zahra Beauty” registers its trademark under Class 3 for cosmetics. Later, Zahra launches a spa service. Because spa services fall under Class 44, the trademark in Class 3 does not cover this new activity.
If another company registers “Zahra Spa” under Class 44, Zahra Beauty may have no legal grounds to stop them unless it had proactively filed in Class 44 earlier.
Final Thoughts: Classification Is Strategy
Trademark classification is more than a technical formality — it’s a strategic decision that directly impacts how well your brand is protected. In Saudi Arabia’s fast-growing and IP-conscious market, selecting the correct class ensures your trademark is legally enforceable where it truly matters.
Choosing the wrong class can leave your core products or services exposed, while the right class builds a solid legal foundation for growth, expansion, and defence against infringement. As your business evolves, a well-classified trademark becomes an asset — one that safeguards your brand identity and strengthens your market position.
Protect wisely today to compete securely tomorrow.