Class 5 under the Nice Classification for Trademarks covers pharmaceutical, veterinary, and sanitary preparations, including medicinal products, healthcare supplements, disinfectants, and dietetic substances for medical use.
Businesses operating in pharmaceuticals, biotechnology, nutraceuticals, medical hygiene products, disinfectants, and healthcare solutions typically fall within Trademark Class 5.
Scope
Class 5 includes products intended for therapeutic, preventive, diagnostic, or medical purposes, whether for human or animal use.
Goods covered under this class generally include:
- Pharmaceutical and veterinary preparations
- Medicinal and therapeutic substances
- Dietetic substances adapted for medical use
- Nutritional supplements for medical purposes
- Disinfectants and antiseptic preparations
- Sanitary preparations for medical use
- Fungicides, herbicides, and pest-control products
- Medical plasters, dressings, and sanitary napkins for medical use
Classification principle: If the primary function of the product is therapeutic, medicinal, preventive, or sanitary, it generally falls within Class 5, regardless of form or dosage.
Key Updates – Nice Classification (2026 Update)
As per the Nice Classification updates 2026, the following clarifications are particularly relevant to Class 5:
Clearer distinction between:
- Medicinal and therapeutic products (Class 5), and
- Cosmetic or non-medicated personal-care products (Class 3)
Reinforced requirement that medical or therapeutic claims determine classification
Refined terminology to reduce overlap with:
- Food supplements for general consumption (Class 30)
- Chemical preparations for industrial use (Class 1)
Gene therapy preparations, microbiome supplements and diagnostic reagents for medical use are clearly included in Class 5. Earlier, diagnostic reagents were sometimes wrongly filed in Class 1. The explanation lies in the growth of biotechnology and precision medicine. Pharma and biotech companies must draft highly specific product descriptions to avoid objections and ensure regulatory alignment.
Practical takeaway: Products making health, curative, or preventive claims must be carefully reviewed before filing to avoid misclassification.
Goods NOT Included in Class 5 (But Commonly Confused)
The following goods are excluded from Class 5, despite frequent misclassification:
- Cosmetics, skincare, and non-medicated toiletries (Class 3)
- Food and dietary supplements for non-medical use (Class 30)
- Industrial disinfectants and chemicals (Class 1)
- Medical devices and instruments (Class 10)
- Healthcare services and treatment services (Class 44)
- Diagnostic software and medical apps (Class 9)
Why Correct Nice Class 5 Classification Is Important
Incorrect trademark classification under Nice Class 5 can lead to:
- Trademark examination objections
- Invalid or unenforceable protection
- Increased risk during opposition, rectification, or infringement proceedings
A well-drafted Nice Class 5 trademark specification ensures strong protection across pharmaceutical, healthcare, and medical product portfolios.