New version of the classification of goods and services will enter into force on 1 January 2025
On 1 January 2025, a new version of the International Classification of Goods and Services for Trade Marks (“Nice Classification”) will enter into force.
When filing a trademark application, the applicant has to indicate in the application the goods and services for which protection is sought. In order to simplify the listing, the goods and services are divided into classes according to an international system called the Nice Classification. A new version of the Nice Classification is published every five years.
A trademark can be protected for specific goods and services. The goods and services indicated in the trade mark application determine the scope of the legal protection granted to the trade mark proprietor. The content of the list should meet the needs of the trade mark user, and a faster procedure is ensured if the list is drawn up taking into account the classifications and wordings of the Nice Classification.
In the accelerated procedure for trade mark applications, it is essential to use a correct list of goods and services, using the classes and terms of the Nice Classification in a harmonised database.
It is also worth bearing in mind that the list of goods and services indicated at the time of filing the trade mark application cannot be broadened later. Restrictions and deletions of some goods or services from the list are allowed.
What should be taken into account when classifying goods and services?
- The scope of protection of a trade mark is determined by the goods and services for which it is registered.
- The amount of the application fee depends on the number of classes.
- The classification of goods and services will help to search (preferably before filing the application) for prior rights which could be an obstacle to the registration of the trade mark.
- After filing a trademark application, the list of goods and services cannot be extended, only limited.
- A trademark is protected for 10 years, so it is worthwhile to include in the list of goods and services those goods/services for which the trademark applied for may need to be used in the future.
- However, it should be borne in mind that, if the trade mark has not been used for the goods or services indicated in the list for a period of 5 years after registration, any person may apply for a declaration that the trade mark proprietor’s exclusive rights in respect of that particular good or service have been exhausted.
How can you avoid a situation where you want to register a trademark but don’t know how to categorise goods and services, or how to determine whether there is a specific right that could be an obstacle to registration? Contact the trademark attorneys at KÄOSAAR during the trademark drafting process and we will help you conduct a pre-filing search, compile a list of goods and services, and assess the potential risks that may arise during registration and potential litigation.
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