A retail clothing brand in Lahore registered their trademark under Class 25 (garments) but completely forgot Class 35 (retail services). A year later, a competitor opened a physical store with the exact same name. Because Class 35 was unprotected, the original brand faced a massive legal hurdle. Let's look at how to map your business categories correctly.
What a Trademark Class Actually Is
Pakistan, like most countries, uses the Nice Classification system; an internationally standardized system dividing all goods and services into 45 classes. Classes 1 (34 cover goods (physical products); classes 35) 45 cover services.
Your trademark isn't registered in the abstract; it's registered for specific goods or services within a specific class (or classes). This means two completely different businesses can, in some cases, use the same or similar name if they operate in entirely unrelated classes (though this isn't guaranteed, especially for well-known marks).
Why the Class You Choose Matters So Much
- Wrong class = no real protection. If you register a clothing brand name under Class 35 (advertising/business services) instead of Class 25 (clothing), a competitor selling actual clothing under your name may not be infringing your registration. This shows why a Lahore clothing brand needs both Class 25 for their clothing and Class 35 for their retail operations. If they only register Class 25, a competitor could open a store called the same name.
- It affects future expansion. If you only register in the class covering your current product line, expanding into a new category later may require a fresh filing: and by then, someone else could have claimed that class.
- It affects cost. Filing fees are charged per class, so businesses spanning multiple categories need to budget for multiple class filings.
Commonly Used Classes for Pakistani Businesses
| Class | Covers | Common For |
|---|---|---|
| Class 25 | Clothing, footwear, headgear | Fashion brands |
| Class 29 & 30 | Food products | Restaurants, food brands, packaged goods |
| Class 35 | Advertising, business management, retail services | Agencies, e-commerce, retail businesses |
| Class 41 | Education, training, entertainment | Courses, coaching, media |
| Class 42 | Scientific/technological services, software design | SaaS, tech startups, software companies |
| Class 43 | Restaurant, catering, accommodation services | Restaurants, hotels, cafes |
| Class 44 | Medical, veterinary, beauty services | Clinics, salons, healthcare |
| Class 45 | Legal services, personal/social services | Law firms, consultancies |
This table covers commonly filed classes for Pakistani SMEs and startups; it isn't exhaustive, and many businesses need more than one class.
How to Determine the Right Class for Your Business
Step 1: List What You Actually Sell or Offer
Be specific. "Software" is too broad; is it a mobile app (often Class 9 for the app itself, and Class 42 for the underlying service), a SaaS platform (Class 42), or IT consulting (Class 42 or 35)?
Step 2: Consider Your Growth Plans
If you're a clothing brand today but plan to launch a cafe under the same name in two years, you may want to file in both Class 25 and Class 43 now, rather than risk someone else claiming the second class later.
Step 3: Check for Overlap
Some businesses genuinely need multiple classes because their offering spans categories, for example, an e-commerce platform selling its own branded products might need both the product class and Class 35 for the retail/marketplace service itself.
Step 4: Get a Professional Classification Review
Misclassification is one of the leading causes of examination objections and weak protection. A quick professional review before filing is far cheaper than refiling later.
- Filing only one class when the business spans several: Leaves gaps in protection.
- Choosing an overly broad or vague description of goods/services: Examiners may object, or you get weaker protection than expected.
- Assuming "software" or "services" is specific enough: It isn't; class descriptions need to reasonably match your actual business.
- Not revisiting classification as the business grows: A class list that fit your business at launch may no longer cover new product lines.
FAQs
What does Trademark Class 45 cover in Pakistan?
Class 45 covers legal services, security services for the physical protection of tangible property and individuals, and personal and social services rendered by others to meet the needs of individuals (e.g., matchmaking, social networking).
Which trademark class do I need if my business is online?
Online businesses typically need multiple classes: Class 35 for retail/e-commerce marketplace services, Class 9 for mobile apps, and Class 42 if they design and host proprietary software or SaaS platforms.
What is the difference between Class 35 and Class 42?
Class 35 covers business management, advertising, and retail services (selling goods). Class 42 covers scientific, technological, and software design services (creating the software or SaaS platform).
Can I add more classes to an active trademark registration later?
No. Once an application is filed, you cannot add classes to it. To protect your brand in a new class, you must submit a completely new application (TM-1) and pay the corresponding filing fees.
Does filing in multiple classes increase government fees?
Yes. IPO-Pakistan charges government fees per class. If you file a trademark in three classes, the government filing and certificate fees will be three times the cost of a single-class filing.
Choosing the right class (or classes) is one of the most technical parts of trademark filing, and it's where we spend the most time with clients before submitting anything to IPO-Pakistan; because getting it wrong is expensive to fix later.
Filing under the wrong class leaves your business unprotected. Book a call and we'll help you map your exact business activities to the right Nice classes.