Registering a trademark in the correct class for the right industry
Omitting goods and services leaves protection open from the start and cannot be added after the application is submitted.
Register according to the Nice Classification (45 categories: 1-34 for goods, 35-45 for services), selecting the correct category for what you are currently selling and planning to sell soon. If you both produce and sell or consult, you usually need both goods and services categories. Most importantly: the scope of goods and services cannot be expanded after the application date; to add more, you must submit a new application with a later priority date.
- purely producing and selling through others, only the goods group is needed
- producing and selling yourself, both goods and services groups are needed
- has a clear expansion plan, registering broadly in adjacent groups.
- registering too many unused groups incurs costs and can easily be canceled
- Write descriptions that are too general, easily rejected or have limited protection.
The Nice Classification divides all goods and services worldwide into 45 categories, from category 1 to 34 for goods and from category 35 to 45 for services. Your trademark is only protected in the exact categories and items listed in the application, no more. Omitting goods or services leaves a gap in protection from the start, as the list cannot be expanded after submission; the applicant can only amend or narrow it within the declared scope.
Why can't any group cover each other?
Many brand owners think that registering a name in one category is safe for all. This is not the case. Each category is an independent scope of protection. If you register a trademark in the food goods category but do not register in the restaurant services category, then, in principle, you may find it difficult to prevent another business from using the identical name to open a restaurant chain. Conversely, goods and services in different categories may still be considered similar, so the specific boundaries are determined by the competent authority on a case-by-case basis. This is particularly likely to occur in industries that have both products and accompanying services: food, cosmetics, education, software, fashion.
The way to identify the group that needs to register.
You should follow three steps before meeting with an intellectual property representative:
- List everything currently sold and planned to be sold in the next two to three years, specifying details rather than general terms like "food" or "consulting services."
- Clearly distinguish between the goods you produce or sell and the services you provide to customers.
- Search each item in WIPO's Nice classification tool to determine the corresponding group, then have a lawyer confirm and describe it accurately.
This listing step helps the lawyer pinpoint categories closely aligned with the actual direction, rather than guessing. A map of business activities and a product line expansion roadmap are the best inputs for this step.
When to need one group, when to need multiple groups.
Only goods category: when you are purely manufacturing and selling through distributors, without directly providing any services to end users.
Both goods and services: when you are both producing products and selling, distributing, having a store, providing consulting services, or offering accompanying digital platforms. This is a fairly common case for small and medium brands in Vietnam.
Registering additional adjacent categories: is reasonable when there is a clear expansion plan and sufficient budget to maintain actual usage in that category. You should not register a category just to block competitors if you do not have actual activities.
The scope of goods and services cannot be expanded after the application date. To add a new group, a new application must be submitted with a later priority date.
USPTO, Nice Agreement general remarks; WIPO, Nice Classification (foreign guidelines, for reference only)
Common errors when choosing groups
- Registering a name in the goods group and forgetting the accompanying services group, leaving it open for competitors to enter the growing sector.
- Describing goods and services too generally in the application can easily lead to rejection by the Intellectual Property Office or limit the scope of protection to narrower than expected.
- Registering multiple categories to "be safe" but without actual activities leads to the risk of being required to cancel the trademark due to not using it continuously within the legal timeframe.
- Thinking that registering a group blocks all industries, while protection is only effective within the registered group.
Decision checklist
Topic: Which group to register a trademark in for the correct industry. Sinh Vũ guide, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
References
WIPO, Nice Classification; USPTO, Nice Agreement general remarks; Vietnam Intellectual Property Office (IP Vietnam). Legal content needs to be reviewed by an industrial property representative or lawyer before submitting the application.
Frequently asked questions
I sell packaged coffee and have a coffee shop, how many groups should I register for?
At least two separate categories: a goods category for packaged coffee products and a services category for café business activities. These two activities fall under two different scopes of protection according to the Nice Classification; registering one category does not automatically protect the other. Therefore, you should list both fully and ask an industrial property representative to confirm the specific category codes.
Can I register multiple classes just to be safe?
Yes, in terms of procedure, but there is a risk: the trademark may be required to be canceled in categories where you are not actually using it within the stipulated time. Excessive registrations also incur maintenance fees and create an obligation to prove usage. The principle is to only register categories with real activities or clear plans and sufficient resources for implementation.
Can I add a group after submitting the application?
No. The scope of goods and services is finalized on the application date and cannot be expanded afterward. If you want to protect an additional new category, you must submit a completely new application with a later priority date, which means it is more likely to face disputes if someone has already filed earlier. This is why deciding on categories must align with the product line development direction from the start.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.