The trademark goods and services list is the part of the application that determines which products and services the mark protects, and it cannot be broadened after filing. A good list clearly covers today's business and concrete near-term plans while leaving out areas that will not be used. Under Article 11/3 of Industrial Property Law No. 6769 (SMK), the list is built according to the Nice classification, using the subgroups of the classification communiqué issued by TÜRKPATENT (Turkish Patent and Trademark Office).
Below, we go step by step through the difference between choosing a class number and drafting the list, how to use the communiqué's subgroups and general terms, the balance between a broad and a selective list, retail services in Class 35 and fee item 02.01.34, the risk of non-use, and a comparison of a weak and a strong list for a coffee brand.
What Is a Goods and Services List, and How Does It Differ From Choosing Classes?
The goods and services list is the part of the application in which the products and services for which the mark will be used are written out together with their class numbers; under SMK Art. 11/1-c, it is one of the mandatory elements of an application. Protection is limited not by the class number but by the wording on the list.
Think of the class number as a drawer and the list as what is inside it. Saying "Class 25" opens the drawer for clothing; the list tells you which subgroups you have taken from that drawer. That is why two companies can file in the same class and end up with registrations of very different scope.
The weight of the list comes from three places:
- Filing date: the list is one of the elements that fix the filing date; if it is not stated at all, the date is not fixed until the deficiency is remedied (SMK Art. 15/2).
- Publication: the list is published in the Official Trademark Bulletin together with the representation of the mark; anyone considering an opposition decides by looking at this text.
- Permanence: the list cannot be broadened later; it can only be narrowed.
How many classes to file in is a separate decision, covered in our guide on how many classes a trademark should cover; you can review the scope of all 45 classes in our full list of Nice classification classes. This article focuses on the step that comes after the classes are chosen: the list itself.
How Do the Nice Classification and the TÜRKPATENT Communiqué Shape the List?
The Nice classification is the international system that divides goods and services into 45 classes: Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. SMK Art. 11/3 provides that the goods and services in an application are classified according to this system. In Turkey, the system is applied through a classification communiqué issued by the Office; as of 2026, the instrument in force is Communiqué No. 2026/2.
In the communiqué, each class is divided into numbered subgroups, and each subgroup is defined in standard wording. In practice, the selection made in an application is a selection of these subgroups; the subgroup you choose enters your list with its wording from the communiqué.
What do general terms cover?
Class headings and general terms are not read as broadly as people assume. Under Article 9/4 of the Regulation on the Implementation of the Industrial Property Law (the Regulation), general terms are interpreted as including the goods and services clearly covered by their literal meaning. If a product at the heart of your business sits only indirectly under a general term, it is safer to also select the subgroup that covers it explicitly.
If you use wording outside the communiqué
Building the list from the ready-made terms in the communiqué is the path of least friction. When you use your own wording, Article 9 of the Regulation provides for the following:
- If there is a general term or an expression that needs clarification, the Office grants two months; if no clarification arrives, those expressions are deleted from the list.
- If the list has not been drawn up in line with Nice principles, the Office makes the necessary arrangement and may request a classification list arrangement fee for it (item 02.01.15, TRY 1,240); if the fee is not paid within two months, the application is removed from processing.
- Under SMK Art. 11/3, the Office may also make the necessary corrections to classes and class numbers.
Every Subgroup, or a Selective List?
Selecting every subgroup of a class gives broad protection, while selecting only those that match your business gives narrower but defensible protection. For most businesses, the right point lies in between: the subgroups in use today and those with concrete near-term plans.
The appeal of a broad list is easy to understand: "we might need it one day." But it carries three costs:
- The opposition surface grows. Every subgroup means a new chance of conflict with earlier marks in that area; the risk of partial refusal and opposition grows with the scope.
- A non-use risk arises. Goods and services not put to genuine use within five years of registration are open to revocation requests (SMK Art. 9 and Art. 26); revocation can be partial.
- Your oppositions become weaker. When you oppose on the basis of a registration older than five years, proof of use can be requested; items you have not used cannot carry that opposition.
There is a subtle point on cost: as a rule, the application fee is driven by the number of classes; selecting one more subgroup within the same class does not create a separate item in the fee schedule. The only exception is the 35/5 retail group described below. So a selective list is usually drawn up not to save money but for defensibility.
One more fee detail: if the additional class fees for a multi-class application are underpaid, the Office grants two months to make up the difference; if the shortfall is not paid, the application is examined for the classes covered by the fee paid, taking into account the order in which the classes are listed on the application form (SMK Art. 15/3, Regulation Art. 9/5). Listing the classes on the form in order of importance is therefore a small but effective precaution.
Does Being in the Same Class Mean Similarity? SMK Art. 11/4
No. Under SMK Art. 11/4, the fact that goods or services are in the same class does not create a presumption that they are similar, and the fact that they are in different classes does not create a presumption that they are dissimilar. A class number is a filing tool; similarity is assessed by looking at the nature and purpose of the goods and services and at how they relate in the market.
This rule has two practical consequences when you draft the list. First, do not limit your similarity search to the classes you choose: coffee products and café services sit in different classes but may be seen as related. Second, shifting the list to another class to escape an opposition is not a solution on its own; the real question is whether your scope overlaps in the market with the goods and services of the earlier trademark.
Retail Services in Class 35 and Fee Item 02.01.34
A retail service means bringing goods together and offering them for sale so that customers can conveniently view and purchase them, and it sits in Class 35. This service protects the selling activity, not the product being sold; we explain that distinction in detail in our article on Class 35 trademark registration for retail services.
How should the retail wording be drafted?
The retail wording states which goods are offered for sale. Under Communiqué No. 2026/2, only groups of goods may be written in this wording; groups of services cannot be listed within it. Write the groups of goods you actually sell: an "all kinds of goods" approach creates both opposition risk and non-use risk.
What does fee item 02.01.34 provide?
TÜRKPATENT's 2026 schedule of trademark fees contains a separate additional-class item for the 5th group of Class 35. The items relating to the application fee are as follows:
| Item | Definition in the schedule | 2026 fee |
|---|---|---|
| 02.01.01 | Single-class trademark application fee | TRY 2,820 |
| 02.01.02 | Trademark application additional class fee (2nd class) | TRY 2,820 |
| 02.01.28 | Trademark application additional class fee (3rd and each subsequent class; for applications other than those under line 02.01.34) | TRY 3,150 |
| 02.01.34 | Trademark application additional class fee (for the 3rd and each subsequent class selected among the 34 goods classes under group 35/5) | TRY 450 |
According to the wording of the item, the TRY 450 amount applies to the third and each subsequent class selected among the 34 goods classes within the 5th group of Class 35, while item 02.01.28 covers applications outside that line. In practical terms, the goods classes you mention in the retail wording may also be reflected in the application fee. Confirm how the item applies to your own application, and the total amount, from the fee assessment EPATS generates when you file. The amounts belong to the 2026 schedule; because the schedule is updated every year, current figures should be checked with TÜRKPATENT, and official fees do not include an attorney's service fee.
How Do You Balance Future Plans Against the Risk of Non-Use?
The list is a statement of intent, but after five years it turns into a burden of proof. Under SMK Art. 9, where a trademark has not been put to genuine use within five years of registration without a valid reason, or its use has been suspended for an uninterrupted period of five years, revocation can be requested for the goods and services not used; revocation requests are examined by the Office (Art. 26).
The practical way to strike the balance is to put each candidate item into one of three buckets:
- In use today: these always go on the list.
- Backed by a concrete plan: products and services with a set budget, supplier or launch date; if they will be used in the near term, they go on the list.
- Vague possibilities: "maybe one day" items stay off the list; once the plan becomes concrete, they become the subject of a separate application.
Adding vague items today looks like free insurance, but five years later it can become a ground for revocation in your competitor's hands.
Can the List Be Broadened Later?
No. After filing, no new goods or services can be added to the list and no subgroup can be broadened; an area you forgot requires a new application, which receives its own filing date. Article 21/2 of the Regulation states expressly that correction requests involving a change to the list of goods and services are not accepted.
The only possible direction is narrowing: partial withdrawal until registration, and partial surrender or partial renewal after registration. Spelling mistakes and obvious clerical errors can also be corrected, as long as they do not change the list (SMK Art. 11/6). You can find all types of amendment in our article on whether a trademark application can be amended, and the consequences of missing or wrong scope in our guide to what happens if you choose the wrong trademark class.
Example: A Weak and a Strong List for a Coffee Brand
Take KAHVEVA (a fictitious example), a business that roasts and packages its own coffee and sells it through its website, runs two cafés, and also sells branded mugs and thermoses. It has no concrete plans in any other area such as training or accommodation. Here are two different lists for the same business:
| Class | Weak list | Strong list | Why? |
|---|---|---|---|
| 30 | Every subgroup of the class (including flour, spices, confectionery and ice cream) | The subgroup covering coffee and coffee-based products | Unused subgroups are open to revocation after five years; the opposition surface grows needlessly |
| 43 | The whole class (including temporary accommodation) | Services for providing food and drink (café) | No accommodation plans; needless conflicts with marks in the hotel sector |
| 35 | Only the advertising and business management subgroups | Bringing together coffee products, mugs and thermoses and offering them for sale (retail) | Online sales are a retail service; the advertising subgroup does not protect selling |
| 21 | Not on the list | The subgroup covering mugs and thermoses | The branded products are sold today; they cannot be added later and would need a separate application |
| 41 | Education service subgroups ("we might open a barista course one day") | Not on the list | A vague possibility; file separately once the plan is concrete |
The strong list is shorter, yet it covers every revenue line the business has today and in the foreseeable future. The weak list contains both gaps (Class 21 and retail) and surplus (the unused parts of Classes 30 and 43, plus Class 41); in other words, it is unprotected and exposed to opposition at the same time. The strong list in the table is not a recipe but an illustration of the method; even within the same sector, a business with a different model will build a different list.
Seven Steps to Drafting a Goods and Services List
- Take an inventory of your activities. Write down separately everything you produce, sell and provide; manufacturing, selling and services fall into different classes.
- Map each item to its class. Write the Nice class number next to each line of the inventory.
- Find the subgroup in the communiqué. For each item, identify the subgroup and standard wording that cover it explicitly.
- Test the general terms. Does your core product clearly fall within the literal meaning of the wording you chose?
- Draft retail separately. If you sell goods, add the groups of goods you sell to the retail wording in Class 35.
- Run the use filter. Put each item into one of the buckets "today, concrete plan, vague" and remove the third.
- Search within the chosen scope. Before finalizing the list, run a similar-trademark search in these subgroups and in related classes, and reconsider any conflicting items.
We have collected the most common mistakes made at these steps in our article on trademark registration mistakes. If some items are refused at the end of examination, the route to follow is explained in our guide to partial refusal.
Conclusion
The class number tells you where you are looking; the goods and services list tells you what you are protecting. Key takeaways:
- Protection is limited not by the class number but by the wording on the list; general terms are read according to their literal meaning.
- The list cannot be broadened after filing; it can only be narrowed.
- The scope should be limited to areas in use today and those with concrete plans; unused items are open to revocation after five years.
- Being in the same class is not a presumption of similarity, and being in different classes is not a presumption of dissimilarity (SMK Art. 11/4).
- Only groups of goods may be written in the Class 35 retail wording; item 02.01.34 may reflect the goods classes selected in that group in the fee.
Shall we build your list together?
Share your business activities, the products you sell and your two-year plan through our contact page, and we will prepare a reasoned draft goods and services list based on the communiqué's subgroups. The steps we follow from filing to registration are set out on our page on the trademark registration process in Turkey.
