On 1 January 2024, a new version of the 12th Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) will come into effect. The 45 classes of goods and services have been updated (the updated version can be found on the World Intellectual Property Organisation (WIPO) website at HERE).
The changes seek to align the Nice classification with the ever changing landscape of inventions and technological advancements and societal changes. The International Bureau of WIPO will apply the 2024 version of the Nice Classification to any application for international registration received by the Office of Origin on or after 1 January 2024 or any application for international registration received by the International Bureau on or after 1 January 2024, provided the application reaches the Bureau after the 2-month time limit specified in Article 3(4) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
For all international registrations where the list of goods and services have been classified according to the 2024 version of the Nice Classification, the International Bureau will include the abbreviation “NCL(12-2024)” alongside the list of goods and services in notifications sent to designated Contracting Parties.
The Madrid Goods & Services Manager, which can be found HERE, will be updated to incorporate the revisions introduced by the 2024 version of the Nice Classification.
Implications for trade mark owners
Re-evaluation of portfolios – Trademark holders across impacted classes are advised to conduct a comprehensive reassessment of their existing portfolios to ensure conformity with the updated Nice Classification. It is expected that there will be significant changes to class 3 so it is crucial to confirm that existing trade marks appropriate align with the revised sub categories.
Streamlined international filings – The harmonisation with international standards streamlines the global filing process being particularly advantageous for those considering global expansion of their brands.
Enhanced legal certainty – A unified classification system provides trade mark owners with a consistent legal framework, reducing risks associated with international disputes between brand owners.
What should you do next?
- Consult with us – Consult with us to assess the specific implications and develop a tailored strategy for your brand portfolio.
- Update documentation – Revise all of your relevant business and legal documentation to reflect the new version of the Nice Classification as necessary.
IP Australia is adopting the Madrid Goods and Services list in 2024
With the above in mind, Australian brand owners should be aware that IP Australia will be adopting the Madrid Goods and Services list in 2024. This is expected to be adopted in around March 2024.
If you have any questions about the coverage of your existing Australian and international trade mark portfolios, get in touch with us.