Trademark Classifications in Saudi Arabia: Choosing the Right Class for Your Business

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: 

    • What trademark classifications are 
    • The Nice Classification system used in Saudi Arabia 
    • Why selecting the correct class matters 
    • Examples of classes and business types 
    • Consequences of misclassification 
    • 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 
    1. Classes 1–34 cover goods 
    2. 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: 

    1. 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. 

    1. 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. 

    1. Legal Disputes

Improper classification can weaken your case in enforcement actions, such as infringement claims or customs seizures. 

    1. 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
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): 

    1. 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. 

    1. 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. 

    1. 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. 

    1. 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. 

 

Disclaimer

The opinions expressed in this blog are those of the respective authors. ATB Legal does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that ATB Legal does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend taking professional advise to ensure the best possible solution for your individual circumstances.

About ATB Legal

ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats.

Please feel free to reach out to us at office@atblegal.com for a non-obligatory initial consultation.

Hemakshi Prabhu

Hemakshi Prabhu, a junior associate at ATB Legal, is an alumnus of Symbiosis, Pune. Specializing in Corporate Law and Intellectual Property Rights, Hemakshi contributes her expertise to both the practice and academic discussions by authoring insightful articles in these areas.

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