3.2.1 Transfer

Where there are incorrectly classified goods or services in a multi-class application, an applicant may transfer⁹ items from one class to another.

Example

The applicant files a multiclass application in classes 39 and 43. The application includes “travel agency services and accommodation reservations” in the class 39 specification, although “accommodation reservations” fall in class 43. The examiner will ask the applicant to transfer “accommodation reservations” to the class 43 specification.

An applicant may also transfer incorrectly classified goods or services between different applications, where the trade mark applications:

• are for the same trade mark(s); and
• have the same filing dates and, where applicable, the same convention priority dates; and
• are in the name of the same applicant; and
• are classified according to the same classification system.

Where the transfer of incorrectly classified goods or services is from an application that is still at examination status to an application that has been accepted, the transfer may still be made; however, the whole application will be re-advertised.

Where the transfer of incorrectly classified goods or services is from an application that is still at examination status into the specification of a registered trade mark, the transfer may still be made; however, the part of the specification which has not been advertised will be advertised before it is merged with the registered trade mark.

Footnote

⁹ Practice Guideline Amendment 2007/07, Intellectual Property Office Newsletter, August 2007.