Nice classification its an international trademark classes goods and services which Registered for trademark “Nice Classification”. Nice agreement established in 1957. There is updated version by WIPO issued every five years but since 2013 there is updated version annually. Each nation that is a participant to the Nice Agreement is required to use the Nice Classification when registering any trademark. Use of the Nice Classification is required for international registration of trademark impacted by the African Regional Intellectual Property Organization (ARIPO), African Intellectual Property Organization (OAPI), the European Union Intellectual Property Office (EUIPO), the Benelux Office for Intellectual Property (BOIP) and the International Bureau of WIPO as well as for national registration of trademarks in countries party to the trademark Nice Agreement. Several nations that are not parties to the Nice Agreement also use the Nice Classification.
The NCL consists of a list of goods and services ordered according to “Alphabetical list” as well as a classification list with explanatory notes.
Goods are categorized in 1-34 and services are categorized in 35-45. Further information visit our blogs here
United states (US) classification
Applications submitted under 1 or 44 the United States still use U.S. Classes A, B, and 200, which are classes from the previous U.S. classification system, to categorize certification marks for goods (U.S. Class A), certification marks for services (U.S. Class B), and collective membership marks (U.S. Class 200). These classes are not included by the Nice Agreement’s list of international classes. U.S. Classes A, B, and 200 are covered in more detail in TMEP 1306.02(d) and 1304.02. (d).
Nice Classification (NCL) -2022:
The Nice Classification, 11th Edition, Version 2022 (NCL 11-2022) went into effect on January 1, 2022. On Bact Trademark, we will manually add the revised addition. discover all information about the general remarks, class numbers, class headers, and the list of classes, and the explanatory notes for each international trademark classes on the our blog site.
Goods and Services classes (2022):
The descriptions of the goods and services or services that show in the class headers are broad descriptions of the fields that, in theory, the items or services belong to. Therefore, to identify the precise classification of each distinct good or service, the Alphabetical List should be reviewed.
Remarks about Goods:
The following statements outline the standards to be used if a product cannot be categorized using the List of Classes, the Explanatory Notes, and the Alphabetical List:
- A finished product is, in theory, categorized based on its use or function. If a finished product’s function or purpose is not indicated in any class heading, it is categorized by comparison to other finished products that are similar to it and are listed in the alphabetical list. If none are found, further criteria are used, such as the product’s construction material or method of operation.
- A finished item that is a multi-functional composite object (such as clocks with radios) may be categorized in all classes that match any of its functions or intended uses. However, this category should be assigned to a good if it has a principal use. If none of the class headings include those functions or purposes, the other criteria listed under (a) above are to be used.
- Unworked or partially-worked raw materials are, in theory, categorized according to the material they are made of.
- Only in circumstances where the same type of goods cannot typically be used for another purpose are goods intended to be used as components of another product, in theory, placed in the same class as that product. The criterion listed under (a) above is applicable in all other situations.
- When a product—finished or unfinished—is categorized based on the materials it is made of and those materials are different, the product is, in general, categorized based on the material that predominates.
- In theory, cases that are tailored to the product they are meant to hold are categorized in the same class as the product.
Remarks about Services:
The following statements outline the standards to be used if a service cannot be categorized using the List of Classes, the Explanatory Notes, and the Alphabetical List:
- As a general rule, services are categorized by the branches of activities listed in the heads of the service classes and their Explanatory Notes, or, if none are listed, by analogy with other comparable services listed in the Alphabetical List.
- In general, rental services are categorized into the same classes as services rendered using rented objects (Rental of phones, covered by Cl. 38). Since leasing services are comparable to rental services, they should be categorized similarly. But Cl. 36 classifies hire- or lease-purchase financing as a financial service.
- In general, services that offer advice, information, or consultation are categorized in the same classes as services that relate to the topic of the advice, information, or consultation, such as mobility consultancy (Cl. 39), business administration consultancy (Cl. 35), financial consultancy (Cl. 36), and beauty consultancy (Cl. 44). The classification of these services is unaffected by the delivery of the advice, information, or counsel via electronic means (such as telephone, computer).
- In theory, services provided in the context of franchising are categorized in the same class as the specific services offered by the franchisor, such as business advice related to franchising (Cl. 35), financing services related to franchising (Cl. 36), and legal services related to franchising (Cl. 45).
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