John Lambert
Sep 2002
This
article first appeared on the NIPCLAW website
S. 34 (1) of the Trade Marks Act 1994 provides for classification of goods and services for purposes of registration according to a prescribed system of classification.
Nice Agreement
The prescribed system to which s. 34 refers is the
Nice Agreement concerning
the international classification of goods and services for the purposes
of the registration of marks ("the Nice Agreement"). Goods and
services are now classified under the Eighth Edition of the
International Classification of Goods and Services under that agreement.
Implementation
To allow for classification under the Eighth Edition rule 3 of
The Trade Marks (Amendment) Rules
2001 (SI 2001 No. 3832) substitutes a new rule 7 in The Trade
Marks Rules 2000. Goods and services specified in registrations dated
before 31 Dec 2001 are classified in accordance with the Seventh Edition
unless the registrar orders re-classification pursuant to rules made
under s.65 Trade Marks Act 1994. Those specified in registrations after
1 January 2002 are classified in accordance with the Eight Edition which
is set out as Sched. 4 to the
Trade Marks Rules 2000. A
copy of the schedule is annexed to the 2001 amendment rules.
Important
Articles
John
Lambert The Trade Marks Act 1994
John Lambert The Trade
Marks Rules 2000
3 May 2000
John Lambert Community
Trade Marks
9 April 2003
