Glossary
French: produits et services
The goods and services and the sign are the two main components of a trademark. The goods-and-services list defines the scope of the monopoly claimed — the trademark counterpart of a patent’s claims, and the anchor of the principle of specialty.
Goods and services are sorted into the 45 classes of the Nice Classification (goods: classes 1–34; services: 35–45). Classification is purely administrative: a single class can contain very different items (class 9 holds microprocessors, fire extinguishers and eyeglasses), and no legal conclusion about similarity can be drawn from class membership — though items in different classes cannot a priori be identical.
The goods and services must be precise enough for any third party to easily determine their scope. If they are too vague, or filed in the wrong class, the INPI issues an irregularity notice (comparable to a USPTO office action on the identification): the applicant must clarify or delete vague items, or reclassify — paying the extra class fee (€40 per additional class in France) where reclassification adds a class. Precise drafting from the start avoids these costs.
The list can never be broadened during the life of a mark; it can only be reduced, through the limitation procedure. Limitation is a settlement tool: narrowing the list can enable coexistence agreements and defuse oppositions or protests.
See also: trademark class, trademark fees and costs.