Entry into Force of 10th Edition of the Nice Classification of

Dr. Silvana Zammit | 30 Dec 2011

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On the 1st January, 2012 a new edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks, more commonly known as the Nice Classification, came into effect.

Use of the Nice Classification is compulsory in national registration of marks in countries party to the Nice Agreement and also for international registration of marks effected by the International Bureau of WIPO, under the Madrid Agreement Concerning the International Registration of Marks and under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and for the registration of marks by the African Intellectual Property Organization (OAPI), by the African Regional Intellectual Property Organization (ARIPO), by the Benelux Organisation for Intellectual Property (BOIP) and by the European Union Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM).

Therefore, all these offices must apply this new edition to all international applications that are received on or after 1st January, 2012.

The above information is to serve as guidance for applicants or attorneys to be able to familiarize themselves with any changes to the classification system before such comes into force. This will effect applications in the following manner:

  • Up until 23 December 2011, applciations must be in accordance with the ninth edition.
  • Applications filed from 24 December 2011 until 3 January 2012 will receive a filing date of 4 January 2012 (due to the Christmas period festivities). These same applications need to be according to the 10th edition.
  • It is important to note that some classifications have changed, example, class 5 dealing with the classification of dietary and nutritional supplements (previously classes 29 and 30).

Trade mark applicants and owners of trade marks who had applied under earlier editions of the Nice Classification may apply to the Commissioner for conversion to the tenth edition under regulation 139 of the Trade Mark Regulations 2003.



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