2. Classification of goods and services

Section 31(1) of the Act states:

Goods and services must be classified, for the purpose of registration of a trade mark, according to the edition of the Nice Classification in effect at the time of application for registration of the trade mark.

New Zealand adheres to the Nice Classification system², an international classification system that comprises 45 classes. This system groups together similar goods or services. The classification system is set out in detail in the International Classification of Goods and Services (Nice Classification) published by the World Intellectual Property Office (WIPO).

The current edition is the Tenth Edition of the Nice Classification which came into force on 1 January 2012 under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks³. Part 1 contains two alphabetical lists, one for goods and the other for services. Part 2 lists the goods and services in class order.

The international classification system was established in order to enable efficient searches for conflicting trade marks worldwide. The system is of benefit to Office staff, but also benefits outside users who wish to check whether there are registered marks in use that conflict with marks they are using or propose to use.

Goods and services are divided into 45 classes. Classes 1 to 34 pertain to goods and classes 35 to 45 pertain to services.

Changes are made to the international classification of goods and services from time to time. These changes are incorporated in new editions of the Nice Classification. Changes to the international classification are proposed by the Preparatory Working Group and confirmed by the WIPO Committee of Experts. Major changes are avoided wherever possible, but may be necessary to remove anomalies and inconsistencies and to make improvements with new entries.

Footnotes

² The International (Nice) Classification of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference 1957. The countries that are party to the Nice Agreement constitute a Special Union within the framework of the Paris Union for the Protection of Industrial Property.

³ Section 31 of the Trade Marks Act 2002.