11th Edition of Nice Classification for Trademark Registration

The latest edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) entered into force on January 1, 2017, brings with it a number of significant additions and amendments.

The World Intellectual Property Organization (WIPO) will apply the 11th edition of the Nice Classification to all applications for international registration received by an Office of Origin under the Madrid System from January 1, 2017 onwards. However, WIPO will not reclassify the list of goods and services under international registrations affected by renewals, subsequent designations or other changes filed after December 31, 2016.
It is worth noting that the Trademark Offices in Algeria, Cyprus, and Jordan already adopted the 11th Edition of the Nice Classification and are now ready to serve applications for goods and services in the said classes. Other Trademark Offices in the Middle East and North Africa have still not announced the adoption of the 11th Edition. As for the GCC countries - Bahrain, Oman, Saudi Arabia and the UAE -, which have previously adopted the 10th edition of the Nice Classification, they are expected to adopt the 11th edition eventually. Kuwait is in process of moving from the 8th to the 10th edition, and Qatar still applies the 7th edition (with only 42 classes) with no news to date on a move towards the latest edition.

A. What is the Nice Classification? The International Classification of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957, revised at Stockholm, in 1967, and at Geneva, in 1977, and was amended in 1979.
The countries which are party to the Nice Agreement constitute a Special Union within the framework of the Paris Union for the Protection of Industrial Property. They have adopted and now apply the Nice Classification for the purposes of the registration of marks.

The Nice Classification is a system used to classify goods and services for the registration of trademarks. Under the Nice Classification, related goods and services are grouped together under various categories or classes, each with their own unique heading.
A Committee of Experts usually revises the Nice Classification. A new version is published annually, and a new edition is published every five years.
Each new version of the Nice Classification includes all changes adopted by the Committee since the adoption of the previous version. Each new edition of the Classification includes all changes and amendments adopted annually by the Committee during the full five-year revision period.
The Nice Classification's changes consist of adding/deleting goods and services to or from the alphabetical list of terms, as well as modifying the wording of individual goods and services, class headings and corresponding explanatory notes. Generally, amendments refer to any transfer of goods or services from one class to another or the creation of new classes.

B. What’s New in the 11th Edition of Nice Classification? The changes approved by the Committee of Experts on 16 November 2016, include amendments to 15 class headings for classes 3, 6, 10, 14, 16, 17, 18, 20, 21, 22, 24, 26, 28, 31 and 45. Modifications were also made to the Explanatory Notes in these 7 classes: 5, 11, 29, 30, 35, 42 and 44. The major revisions in the 11 Edition include:

  • Class headings affected by current revisions are those numbered 3, 6, 10, 14, 16, 17, 18, 20, 21, 22, 24, 26, 28, 31 and 45
  • The addition of herbal extracts for cosmetic purposes under class 3
  • The addition of herbal extracts and physiotherapy preparations for medical purposes under class 5
  • All serving utensils are grouped under class 21 instead of class 8
  • The addition of body composition monitors under class 10
  • The addition of eyelash brushes and foam toe separators for use in pedicures under class 21
  • The addition of several new goods under classes 29 and 30, including guacamole, onion rings, falafel, dulce de leche, almond, peanut and coconut milks, as well as nut- and chocolate-based spreads. Escamoles (prepared edible ant larvae) and edible insects have also been added under classes 29 and 31
  • The addition of unlocking of mobile phones under class 42
  • The addition of dog walking, kimono dressing assistance, and conducting religious ceremonies under class 45
It is important to note that the amendments has been applied to all international trademark and other mark applications and registrations that made on January 1, 2017. A majority of

trademark offices use the Nice Classification as the international standard for classifying trademarks. Therefore it may be worthwhile for all users of the trademarks system both nationally and internationally to familiarize themselves with the amendments in the 11th edition of the Nice Classification.

  

Author: NewsFeed     Date:2/9/2017