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3.2 Correct classification
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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.
3.2.2 Adding a class
Where there are incorrectly classified goods or services, the applicant may apply to the Commissioner to add additional classes to an application up to one month after filing the application10. The addition of classes cannot broaden the scope of the original application, and such an addition will be subject to an additional application fee(s)11. No extension to this deadline is possible under the Act12.
For more information on adding a class or classes to an application, see the Practice Guidelines on Adding a Class to an Application.
Footnotes
10 Regulation 43 of the Trade Marks Regulations 2003.
11 Regulation 43(2)(b) of the Trade Marks Regulations 2003.
12 Regulation 43(4) of the Trade Marks Regulations 2003.
