The short version
The most common mistake when choosing classes is that the choice does not align with what the business actually does or plans to do. Entrepreneurs choose too narrowly, which means new products or services fall outside the protection, or too broadly and vaguely, which causes the BOIP or EUIPO to question the application. A third variant: the class list is taken from a competitor without checking whether that list suits the business's own situation.
The result is the same in all cases: the mark does not protect what it should protect, or the application is delayed because the description is rejected. This can be prevented, but only if the choice of classes is a deliberate step and not an afterthought alongside the name or logo.
Chosen too narrowly: protection that does not grow with the business
An installation company that today only installs sometimes registers its mark solely for the service of 'installation work'. As soon as the company also sells parts under its own name a year later, that sales activity falls outside the mark registration. Another company can then sell products under the same or a similar name without the original mark owner being able to object — because there is no registration for that class.
The Nice Classification, which both the BOIP and the EUIPO base their classes on, includes 45 classes for goods and services. It is not necessary to claim all 45, but it is necessary to look ahead to activities that will realistically occur within a few years. A mark is registered for ten years; today's choice of classes will have an effect for ten years.
Too broad or too vague: refusal and higher costs
The opposite mistake occurs just as often. To avoid missing anything, a description is chosen that covers virtually all services in a class, or vague terms are used that do not appear in the harmonised TMclass terminology. The BOIP and the EUIPO assess the description for clarity; a term that is too vague can lead to a request for clarification, extra processing time, or in the worst case a refusal of that part of the application.
Moreover, each additional class costs money in fees, payable directly to the office. A broad claim that has nothing to do with the actual or planned activities of the business thus results in higher costs without corresponding real protection.
Copying classes from a competitor
A third, less visible mistake: taking over the class list from a competitor or from any random example online. Two companies with a similar name can still have very different activities, and one may serve customers across Europe while the other works only regionally. A class list that suited another business does not necessarily suit your own situation. The risk is twofold: protection that does not match, or unnecessary costs for classes that will never be used.
How to do this differently
The choice of classes becomes more reliable when it starts with the question of what the business does now and what is realistically possible within a foreseeable timeframe — not with what a competitor has done. This requires a brief inventory of current goods and services and an assessment of expansion plans before the description is drawn up in the terms that the BOIP and the EUIPO themselves use.
On marcai.eu, this step becomes part of the preparation: the classes are chosen based on the actual situation of the business, in the harmonised TMclass terminology, before the application is ready for submission by the client. Those who want to see how this process unfolds in each situation can have the suitable classes determined for your specific situation. For those who first want to see how their own name stands in the existing registers, there is the free trade mark check to get a first indication in a few questions.
The costs of additional or incorrectly selected classes are often greater than expected, both in official fees and in time. An overview of what a registration and the guidance involved cost is available on the page with the service fee and the official fees side by side. If you are still unsure whether your situation is standard or not, the collection of frequently asked questions often provides an answer without requiring you to have an account.
Finally
Choosing classes may seem like a technical detail, but it determines in practice whether a trade mark protects what your business actually does. Anyone who rushes this step or adopts a list from a competitor risks protection that does not fit or unnecessary costs. A short, free trade mark check is a good starting point to see where your own trade mark stands before the classes are finally locked in.