Add More Classes or Register a New Trademark? Which Strategy Is Right for Your Business? - AFFA IPR

Add More Classes or Register a New Trademark? Which Strategy Is Right for Your Business?

In an ever-evolving business environment, companies often expand their product lines or enter new business sectors. At this stage, an important question frequently arises: “Is it sufficient to extend Trademark protection by adding more classes, or is it better to register a new Trademark?” Understanding the difference between these strategies is crucial because the decision will affect the scope of legal protection, branding strategy, and future registration costs.   Understanding the Trademark Class System In Trademark registration, each application is filed for specific goods or services, which are categorized under the international classification system known as the Nice Classification. For example: Class 25: clothing Class 30: food products such as coffee or biscuits Class 35: trading or retail services Class 43: restaurant or café services If a business uses the same Trademark name across different types of goods or services, its protection can be extended by registering the Trademark in all relevant classes. However, in practice, not every business expansion should rely solely on this strategy. Related article: One Product with Multiple Trademarks: A Smart Protection Strategy or Simply Overkill?   3 Reasons Why Adding Classes May Be More Appropriate Expanding the classes of an existing Trademark is generally more appropriate when the brand identity remains the same and is consistently used across different products or services. Here are several common situations: Expanding Products Under the Same Trademark If a company expands its product line while still using the same Trademark name, adding classes becomes a logical choice. Example: A company owns the Trademark “NUSACOFFEE”, registered for coffee in Class 30. Later, the company begins selling: packaged coffee beans ready-to-drink coffee beverages coffee capsules In this case, Trademark protection can simply be expanded to the relevant classes without creating a new Trademark. A Strong and Well-Known Trademark If a Trademark is already widely recognized in the market, maintaining one consistent brand identity across related product categories can be an effective branding strategy. Example: An electronics company using the same Trademark for products such as: headphones speakers other audio devices In such situations, adding classes can strengthen the protection of an already reputable Trademark. Expanding into Related Services Many businesses initially sell products and later expand into related services. Example: a cosmetics manufacturer opening beauty treatment services a coffee producer opening a coffee shop In such cases, registering the Trademark in additional service classes can extend protection without creating a new brand.   5 Reasons Why Registering a New Trademark May Be the Better Choice On the other hand, there are many situations where registering a new Trademark is the more appropriate strategy rather than simply adding more classes. Different Target Markets If a new product targets a different consumer segment, using the same Trademark may not be effective. Example: A company with an energy drink brand targeting young consumers may want to enter the premium health beverage market aimed at adults. In this situation, a new Trademark may help build a distinct brand identity. Significant Differences in Product Characteristics Products that are fundamentally different often require different branding strategies. Example: A technology company may have a main Trademark for hardware products, but when launching a subscription-based software service, it may choose a new Trademark to create clearer market positioning. Multi-Brand Strategy Many large companies deliberately adopt a multi-brand strategy to reach different market segments. Example: A single company may own several Trademarks within the same product category but with different positioning, such as: premium brand mid-range brand budget brand This strategy allows companies to avoid conflicts in brand image across products. Reducing Risk if One Brand Faces Problems Using one Trademark across too many product categories may increase business risk. If one day: a legal dispute arises the brand’s reputation declines a product faces quality issues the negative impact could spread to all product lines. Having separate Trademarks allows companies to isolate and manage such risks more effectively. Collaboration or New Sub-Brands If a new product is developed in collaboration with another party or launched as a special project, using a new Trademark may be more appropriate. This approach makes it easier to manage: Trademark ownership licensing agreements long-term brand management.   Or Combine Both Strategies In modern business practice, many companies do not rely on only one strategy. Instead, they combine both approaches. For example, maintaining a master brand while introducing sub-brands or new Trademarks for specific products. With this approach, companies can: preserve the strength of the main brand while building more specific product identities. Ultimately, the decision between adding classes or registering a new Trademark should not be based solely on administrative considerations. It should also take into account the company’s long-term business and branding strategy. Should you need more information regarding Trademark registration strategies in Indonesia or internationally, feel free to contact us through the following channels and receive a FREE 15-minute consultation.   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Nice Classification 13 Takes Effect in 2026 – What Trademark Owners Must Know When Filing Abroad - AFFA IPR

Nice Classification 13 Takes Effect in 2026 – What Trademark Owners Must Know When Filing Abroad

Starting 1 January 2026, the World Intellectual Property Organization (WIPO) will implement the 13th Edition of the Nice Classification (Nice 13-2026) as the latest international reference for the classification of goods and services in Trademark registrations.   For many Trademark Owners, this announcement is often misunderstood as a change that will automatically apply uniformly worldwide. In practice, however, the reality is far more complex—and misunderstanding this point can have a direct impact on your overseas Trademark filing strategy.   This article explains what is actually changing, what is not, and what foreign Trademark Owners need to consider strategically.   What Is the Nice Classification and Why Does It Matter?   The Nice Classification is an international system that divides goods and services into 45 classes (34 classes for goods and 11 for services). It is used by almost all Trademark offices worldwide for Trademark searches, filing, substantive examination, and enforcement.   In other words, the class you select determines the scope of legal protection of your Trademark. Errors in classification may result in rejection, limited protection, or protection gaps that only become apparent when a dispute arises.   What Will Change Starting 1 January 2026?   WIPO will begin applying the 13th Edition of the Nice Classification to new international Trademark registrations processed through the Madrid System (Madrid Protocol) as of 1 January 2026.   Key changes introduced in Nice 13 include: The transfer of certain categories of goods to different classes (e.g. optical products, emergency vehicles, electrically heated clothing). A classification approach that places greater emphasis on the function and intended use of goods. Terminology updates to reflect current commercial practices and technological developments better.   However, this is where an important and often overlooked issue arises.   Not All Countries Automatically Follow WIPO’s Nice 13   The fact is that not all countries will immediately adopt Nice 13, even though WIPO has put it into effect. While WIPO acts as the coordinator of the international system, each national or regional Trademark office retains sovereignty to decide when and how a particular edition of the Nice Classification is adopted—whether immediately, gradually, or with delay.   As a result, in 2026, the world will not be operating under a single, uniform version of the Nice Classification.   Countries That Have Announced Adoption of Nice 13   Several major jurisdictions have announced that they will adopt Nice 13 for applications filed from 1 January 2026, including Singapore, the United States, Hong Kong, as well as some European countries and other Madrid member states.   However, these announcements are not universal. Many countries have not yet issued official statements or continue to apply earlier editions of the Nice Classification—including Indonesia, which still adopts Nice Classification Edition 11.   Accordingly, overseas Trademark filings must follow different versions of the Nice Classification depending on the destination country. This also applies to foreign applicants filing Trademarks in Indonesia, who must still use Nice 11, with no official indication yet as to when Indonesia will adopt Nice 12 or Nice 13.   Instead of Uniformity, Trademark Class Strategy Becomes More Complex   Therefore, as a Trademark Owner, you must understand the following key aspects: Country Designation Strategy Trademark Owners must identify which countries have adopted Nice 13 and which still apply earlier editions before determining the designated countries in an international application. Clearance Search Trademark searches must be conducted using the relevant classes under the Nice edition applicable in the destination country, in order to avoid future conflict risks. Drafting of Goods and Services Specifications The description of goods and/or services must be compatible with the Nice Classification edition applied in the destination country and should not merely replicate the specifications used in the local registration. Trademark Portfolio Management Changes in classification may create protection gaps or overlaps with other Trademarks, which should be anticipated and addressed through regular Trademark portfolio audits.   Should you need more information on Trademark filings in Indonesia and mapping the relevant Nice Classification classes, please contact us directly through the following channels and receive a FREE 15-minute consultation.   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889