The short answer
Dietary supplements may fall in Class 5. Ordinary foods or drinks can instead belong, depending on their nature, in classes such as 29, 30 or 32. Powders, bars and bottles are not a single goods category. Product type, purpose and precise description matter more than the brand’s healthy image.
Product format does not determine the goods category
The Nice notes for Class 5 distinguish supplements from certain non-medical dietetic foods and beverages. Examples used to explain the boundary include high-protein cereal bars and isotonic drinks. These examples illustrate distinctions; they do not automatically classify every product that contains protein or vitamins.
Record each product’s composition, intended purpose and use. A powder cannot be classified from its packaging format alone. Supplements, fortified ordinary foods and foods for athletes are not simply interchangeable descriptions either. Establish the actual offering before drafting one broad specification intended to cover the entire brand.
Sources: WIPO: Nice Classification 2026, Class 5 · FSVO: Food supplements
A trademark class does not validate a health effect
Registration in Class 5 is neither medicinal authorisation nor proof of tested efficacy. Food requirements and boundaries with other product categories remain separate. The FSVO identifies composition, dosage, purpose and presentation among relevant factors. The trademark register cannot replace this independent assessment of what the product actually is.
Health claims also have their own requirements. A brand name can convey such a claim within its overall presentation. Review the name, label and advertising together before suggesting treatment or prevention. For foods, statements about preventing, treating or curing diseases do not become permissible merely through trademark registration.
Sources: FSVO: Food supplements · FSVO: Nutrition and health claims
Specify the assortment before printing the first label
Separate genuine supplements, ordinary foods and beverages in your working list. Record planned statements and distribution methods for each article. This reveals unresolved product boundaries before the same imprecise umbrella description is copied into the application, onto packaging and throughout the online shop.
The terms applied for determine the subject of protection; a class number does not reserve the whole class. Include specifically planned extensions, since a registered specification cannot simply be expanded. Adding snacks to a capsule line, for example, can therefore require another review of the trademark portfolio.
Sources: IPI: Defining goods and services precisely · WIPO: Nice Classification 2026, Class 5
What you can do now
- Organise products by content and purpose, not packaging.
- Check product status and health claims independently.
- Identify planned snacks and drinks expressly.
Frequently asked questions
Does every protein product belong in Class 5?
No. Supplements must be distinguished from ordinary protein-rich foods and drinks. The exact composition, intended purpose and product description need to be taken into account.
Sources: WIPO: Nice Classification 2026, Class 5 · FSVO: Food supplements
Can a registered brand name promise a cure?
Registration does not permit unlawful health claims. Food-law requirements continue to apply when a statement appears in the brand name or its overall presentation.
Sources: FSVO: Nutrition and health claims