In October 2022, the World Intellectual Property Organization (WIPO) announced that the 12th edition of the Nice Classification will come into force on 1 January 2023. For those of you who are not aware of the Nice Classification, this is the international system for classifying goods and services for registering trade marks.
What are the main changes?
The 12th Edition now recognises as standard various goods and services that are becoming more common due to for example wars, COVID-19, the increase in non-fungible tokens as well as global environmental concerns. Some of the most notable changes are outlined below:
Class 9:-
- New items include downloadable digital filed authenticated by non-fungible tokens [NFTs]; cases for smartphones incorporating a keyboard; gimbals for smartphones and cameras; humanoid robots having communication and learning functions for assisting and entertaining people
- Amended items include downloadable computer software for managing cryptocurrency transactions using blockchain technology” to “downloadable computer software for managing crypto asset transactions using blockchain technology
Class 10:-
- New items include respiratory marks for medical purposes; breathing apparatus for medical purposes
Class 24:-
- New items include yoga blankets and yoga towels
Class 45:-
- Deletion of the class heading item personal and social services rendered by others to meet the needs of individuals
- Addition of the class heading items dating services, online social networking services; funerary services; babysitting
A full list of the changes can be seen on WIPO’s website.
What action should you take as the owner of existing trade marks?
The Nice Classification is an administrative tool used for standardising goods and services. It is useful in searching for existing trade mark rights and also provides governments with a set fee structure (meaning each class will incur a separate fee). Although it is an administrative tool, the classes are important particularly during examination of a trade mark as objections are raised against new applications on the basis of prior trade marks where the goods and/or services fall into the same or related classes. It is therefore important to keep up to date with changes made to the Nice Classification.
We recommend you review your existing trade mark portfolios to ensure that you have adequate coverage for your trade marks and that your trade marks will continue to block new trade marks that could now fall within your field.