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In our last article we looked at how the Nice Classification applies to weedkillers, vacuum cleaners, electrical goods and cleaning products. In this second instalment we turn to the garden. From the plants themselves to the sheds that store the tools and the furniture you sit on to enjoy the view, every item in a garden range belongs in a specific nice class — and, as ever, the answer is rarely as obvious as it looks. Below we walk through five common garden categories and show where each one sits, with practical examples for SME brand owners.
Plants – Class 31 for the Living, Class 16 and Class 24 for the Decorative
Living plants, whether sold as seedlings, mature specimens, cut flowers or bulbs, fall within Class 31. This class covers “agricultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables; natural plants and flowers; bulbs, seedlings and seeds for planting.”
So a nursery selling potted shrubs, a florist selling cut roses, an online seed merchant or a bulb wholesaler will all be looking primarily at Class 31. Useful specifications include “live plants”, “natural flowers”, “fresh herbs”, “seeds for horticultural purposes”, “flower bulbs”, “trees”, “shrubs”, “turf” and “Christmas trees, natural”.
Two related categories often need to sit alongside Class 31. Artificial plants and flowers are not in Class 31 because they are inanimate. They belong in Class 26 (artificial flowers) or Class 31 only if specifically dried natural flowers. Decorative wreaths made of artificial materials, silk flowers and plastic foliage typically sit in Class 26. Printed seed packets and gardening books fall into Class 16 (paper goods and printed matter), and woven plant-themed textiles such as botanical print fabrics sit in Class 24. A modern plant brand that sells live houseplants, dried flower bouquets and a coffee-table book on indoor gardening could easily span three classes.
Garden Sheds – Class 19 for Non-Metal, Class 6 for Metal
Garden sheds are a textbook example of how the Nice system splits goods by material rather than by function. There is no single “shed” class.
A traditional wooden shed, a plastic or resin shed, or a shed made of any non-metal building material falls within Class 19, which covers “building materials (non-metallic); non-metallic transportable buildings.” Specifications might read “wooden garden sheds”, “non-metallic prefabricated garden buildings”, “plastic garden storage sheds”, “non-metallic summerhouses”, “wooden gazebos” and “non-metal greenhouses for domestic use”.
A metal shed — typically galvanised steel or aluminium — belongs instead in Class 6, which covers “common metals and their alloys; metal building materials; transportable buildings of metal.” Specifications include “metal garden sheds”, “metal storage buildings”, “aluminium greenhouses” and “steel garden storage units”.
This material-based split matters enormously in practice. A shed brand selling both wooden and steel ranges under the same name needs to file in both Class 6 and Class 19 to be properly protected. Filing only one will leave the other range exposed to copycats. The same logic applies to related structures: log cabins, summerhouses, playhouses, gazebos and pergolas all follow the same metal-versus-non-metal divide. If your range is mixed, dual-class filing is not optional padding — it is essential coverage.
Plant Pots – Class 21 for Most, Class 19 and Class 11 for the Outliers
Plant pots feel like they ought to live with the plants, but they don’t. The vast majority of plant pots — terracotta, ceramic, plastic, resin, fibreglass, and hand-thrown stoneware and decorative indoor planters — sit in Class 21, which covers “household or kitchen utensils and containers; … unworked or semi-worked glass; … porcelain and earthenware”.
Typical specifications include “flower pots”, “plant pots”, “indoor planters”, “ceramic plant pots”, “terracotta pots”, “window boxes”, “hanging baskets”, “saucers for flower pots” and “self-watering planters”. A homeware brand launching a range of designer indoor planters will almost certainly file in Class 21.
There are two notable exceptions. Very large outdoor planters or built-in planters made of stone, concrete or other non-metallic building materials can fall into Class 19 if they are sold as architectural or landscaping features rather than household containers. Metal planters, particularly large ornamental cast iron or zinc urns, can sit in Class 6. And if your “planter” is really a piece of growing equipment — for example, a heated propagator, a hydroponic growing system with built-in lighting, or a smart self-watering unit with electronics — you are looking at Class 11 (apparatus for lighting, heating and water supply) and likely Class 9 for any app-controlled smart functionality. A premium indoor gardening brand selling a hydroponic herb grower could easily need Classes 11, 9 and 21 across a single product line.
Garden Tools – Class 8 for Hand Tools, Class 7 for Powered
Garden tools split cleanly along the line of human power versus machine power.
Hand-operated garden tools belong in Class 8, which covers “hand tools and implements (hand-operated); cutlery”. This is the home of spades, forks, trowels, secateurs, pruners, loppers, shears, hand cultivators, weeders, hoes, rakes, scythes, sickles, axes and manual hedge trimmers. Specifications include “garden spades”, “garden forks”, “hand-operated secateurs”, “pruning shears”, “hand-operated lawn edgers” and “trowels”.
Powered garden tools belong in Class 7 (“machines and machine tools; motors and engines, except for land vehicles; … agricultural implements other than hand-operated”). This covers petrol and electric lawn mowers, robotic mowers, hedge trimmers, leaf blowers, strimmers, chainsaws, cultivators, tillers, pressure washers used for garden cleaning, and powered scarifiers. Useful wording includes “lawn mowers”, “robotic lawn mowers”, “electric hedge trimmers”, “leaf blowers”, “petrol-powered chainsaws” and “powered garden cultivators”.
Two satellites are worth flagging. Hoses, sprinklers, spray nozzles and watering systems generally sit in Class 21 (household containers and watering devices) or Class 17 (non-metal hose pipes). And if your powered tool is battery-operated with a smart app, Class 9 comes in for the software and chargers. A garden tool brand offering a manual pruning range, a cordless power range and a connected robot mower could quite legitimately span Classes 7, 8 and 9.
Garden Furniture – Class 20 First, Then Class 24, Class 6 and Class 27
Garden furniture lives primarily in Class 20, which covers “furniture, mirrors, picture frames; … goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics”.
This is where you will find garden tables, chairs, benches, sun loungers, garden sofas, rattan dining sets, parasol bases, outdoor storage boxes, hammocks (often Class 22 instead — see below) and decorative outdoor screens. Specifications include “garden furniture”, “outdoor dining tables”, “rattan garden sofas”, “wooden garden benches”, “sun loungers”, “garden parasols” and “outdoor storage boxes (non-metal)”.
Several adjacent classes regularly come into play. Class 24 covers outdoor cushions, seat pads, throws and parasol fabrics – anything textile. Class 6 covers metal-framed garden furniture if you want to be belt-and-braces, although Class 20 is generally accepted as the primary class regardless of frame material. Class 27 covers outdoor rugs and artificial grass tiles. Class 22 covers hammocks and rope-based goods. Class 11 covers patio heaters, fire pits and outdoor lighting. A modern outdoor living brand offering a rattan dining set with cushions, an outdoor rug, a patio heater and string lighting could need Classes 11, 20, 24 and 27 to cover the full range properly.
Getting Garden Brands Properly Protected
Garden ranges are deceptively complex. A single SME catalogue often spans living goods, building structures, hand tools, powered machines, ceramics, textiles and outdoor furniture — and that catalogue can touch eight or nine NACE classes without anyone realising. Filing only in the most “obvious” class is one of the quickest ways to leave a brand exposed.
If you are building or refreshing a garden, horticultural or outdoor living brand and want to make sure your trade mark application captures every product line, the team at Trademark Room would be glad to help. Please get in touch via trademarkroom.com for a no-obligation discussion.
