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In the case of a trademark application, the German Patent and Trademark Office (GPTO) follows the classes indicated by the applicant for the interpretation of the mentioned goods and services and departs from the previously valid principle "word beats class number" from January 1, 2011 onwards.

Previously, it was common practice that the GPTO would have submitted an Office Action when imprecise terms in the filed list of goods and services were identified. It would then have allowed the applicant to assign these imprecise terms to a certain class according to the International Nice classification by amending material or purpose of the good or service (i.e. even to a different class as originally indicated).

For example, "Building material", may generally be assigned to classes 6 ("of metal") and 8 ("not of metal"). So far, if "Class 6: Building material" was indicated in the application, the GPTO would have requested the applicant to specify whether "building material of metal" or "building material not of metal" was meant. Thus, a subsequent assignment of the class was possible, which will be prohibited from now onwards.

In fact, the assignment to a certain class (including an assignment at the time of filing the trademark application) will be regarded as a sufficient specification. From now on, it is hence "class number beats word". With respect to the above example, this means that the indication of class 6 will be regarded as a purposive election of "building material of metal".

Phrasing the list of goods and services will be hence of significantly greater importance and will have to be carried out with high diligence. A list of goods and services, which may be clearly interpreted according to the new practice, may not be extended by additional classes. Neither may originally named classes be replaced. Both would imply an inadmissible extension of the application as originally filed. The application would then lose its original priority (§6 par. 2 of the German Trademark Law).

A further example shall emphasize the consequences: If the trademark applies for "salt" in class 30, the list of goods and service solely includes "common table salt" and may not be extended to "salt for preservation" (class 1).