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The trade mark registration system in the United Kingdom is based on an internationally agreed system of classes covering different areas of trade in goods and provision of services.
In order to allow efficient searching of trade marks the UK uses “The International Classification of Goods and Services”, also known as the “Nice Classification”.
The International Classification is administered by the World Intellectual Property Organisation (WIPO) and is used by over 140 countries throughout the world and by organisations such as The European Intellectual Property Office (EUIPO) and the UKIPO in the UK.
83 countries are parties to the Nice Agreement and 66, although not party to it, use the Nice Classification for their classification purposes.
The system comprises 45 classes and groups together broadly similar goods or services into categories which assists the registry carrying out efficient searches of the register.
Classes 1 – 34 contain goods and classes 35 – 45 contain services.
Whilst classification may be seen as an administrative tool its importance to applicants in relation to determining the boundaries of infringement rights cannot be stressed too highly.
If the classification of the goods or services on an application is made incorrectly, the validity of any rights stemming from a subsequent registration might be called into question at a later date. This could result in a mark being the subject of proceedings to remove it from the register.
Michael Coyle
Trademarkroom.com
