On 1st January, 2012, the 10th edition of the International Classification of Goods and Services, better known as the Nice Classification, entered into force. Adopted by almost 80 countries since its inception in 1957, the Nice Classification is designed to clearly define classes for goods and services when registering trademarks. It is continuously revised by the World Intellectual Property Office (WIPO) with a new edition published every five years. The classification consists of an alphabetical list of goods and services, with an indication of the class into which each of the goods or services falls, as well as explanatory notes where necessary.
Why is this classification important?
The goal of WIPO is to attain complete harmonisation between worldwide commercial players in regards to databases of goods and services as related to Trademarks. A committee of experts with representation from all member states carries out the revision of the Classification.
Whilst major amendments to the Classification (such as the transfer of goods or services from one class to another, or the creation of new classes) will continue to be adopted every five years, more minor adjustments are made annually.
These include additions to, plus deletions and changes to the wording of goods and services in the Nice Classification, that ensure the Classification remains relevant to newly created goods and services that may otherwise lack representation.
In the 10th edition significant changes have been made to classification on items across several classes, as well as class headings, explanatory notes and general remarks. This reflects changes in technology and consumer habits since the last edition, which has seen downloadable ringtones and music files, GPS ap- paratus and USB flash drives added to Class 9; and premixed alcoholic beverages such as “alcopops” that gain representation in Class 33.
National offices, including the Trademarks Registries of China and Hong Kong, have already announced that applications for trademarks filed after 1st January, 2012, will need to comply with the standards set by the new edition of the Nice Classification.
While classification changes are procedural for the most part, they do have a substantial impact on the trademark examination process in countries such as China. Here, finding a similarity between goods can be based simply on the goods being of the same class, even when the goods are, in fact, different. With the Classification now being revised every year, these countries may need to reconsider their approach to determining similarity of goods, so as to create stability and predictability of outcome in the examination process.
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners.
