Nice Classification: Deciphering Class 5 for UAE Trademark Owners

Choosing the right trademark classes is a real dilemma for most brand owners carrying out trademark registration in the UAE. As one of the top trademark agents in the UAE, we have seen many cases where the brand owners file their marks under the wrong primary class or fail to file the trademark in other classes that are relevant to the goods or services.

Filing the trademark application in the wrong class would result in the trademark owner losing their rights to enforce their trademark rights if an infringement happens. Moreover, if a registered trademark exists under one class, another entity can file a trademark application for the same mark under a different class. This may cause brand confusion and that’s why you need to equip yourself with some fundamental insights on Nice Classification for goods and services.

In this blog, we will try to make you aware of one of the most commonly used trademark classes under the Nice Classification: Class 5. Read ahead to understand what goods come under Class 5 and other relevant insights:

Nice Classification: What does Class 5 Represent?

Class 5 under the Nice Classification of Goods and Services mainly include pharmaceuticals and other preparations for medical or veterinary purposes. Trademark agents in the UAE can advise you if your proposed trademark comes under Class 5. Specifically, Class 5 include the following:

• Sanitary preparations for personal hygiene, other than toiletries
• Diapers for babies and for incontinence
• Deodorants, other than for human beings or for animals
• Medicated shampoos, soaps, lotions and dentifrices
• Dietary supplements intended to supplement a normal diet or to have health benefits
• Meal replacements and dietetic food and beverages adapted for medical or veterinary use

Goods of Other Classes often Confused with Class 5

Brand owners sometimes may file their Class 5 goods under the wrong class as they may confuse the description of the goods with other classes. This means you should understand some of the similar goods that do not come within Class 5. The following are some of the trademark classes that you may confuse with Class 5:

1. Nice Classification: Class 5 Vs Class 1

Even though Class 5 mainly include pharmaceutical goods, you may tend to confuse it with some items in Class 1. For example, if your product is vitamins, preservatives or antioxidants it should be filed under Class 1. Trademark agents in the UAE can teach you more about this distinction.

2. Nice Classification: Class 5 Vs Class 3

Sanitary preparations for personal hygiene, other than toiletries come under Class 5. However, sanitary preparations being non-medicated toiletries must be filed under Class 3. Similarly, deodorants other than for human being or animals come under Class 5. However, deodorants for human beings or for animals come under Class 3 of the Nice Classification.

3. Nice Classification: Class 5 VS class 10

If your product can be classified as “Meal replacements and dietetic food and beverages adapted for medical or veterinary use”, it should be filed under Class 5. However, meal replacements and dietetic food and beverages not specified as being for medical or veterinary use must be listed under Class 29. If you are still confused, consult with trademark agents in the UAE.

International Brands Registered under Class 5

The following are some of the international pharmaceutical brands with registered trademarks under Class 5.

1. Johnson & Johnson
2. Pfizer
3. Roche
4. Novartis
5. Merck & Co
6. Virbac
7. Zoetis
8. Little Spoon
9. ByHeart
10. Compeed

Regional Brands Registered under Class 5

The following are some of the top regional pharmaceutical brands with trademarks registered under Class 5:

• Julphar
• Life Pharmacy
• Hikma Pharmaceuticals

Consult with the Best Trademark Agents in the UAE

Selecting the right class is one of the critical requirements for brand owners planning to register trademarks in the UAE. However, most of them fail to register a trademark under the right classes due to the lack of proper awareness. Mistakes related to Nice Classification can be avoided by consulting with the best trademark agents in the UAE such as Jitendra Intellectual Property (JIP). JIP is one of the most experienced IP firms in the UAE that can help you in safeguarding your valuable trademarks. JIP’s trademark services in Dubai include trademark registration, trademark assignment, trademark search, trademark watch etc.