1. Introduction

Section 31 of the Trade Marks Act 2002 (“the Act”) is concerned with the classification of goods and services.

Under section 31(1) of the Act, the goods and services in respect of which registration is desired must be classified according to the edition of the Nice Classification in effect at the time of application for registration of the trade mark.

Any question arising as to the class or classes within which the goods or services fall will be decided by the Commissioner¹.

Section 32(1) of the Act allows a single application to be filed in either one class or more than one class.

Section 32(2) of the Act is concerned with the breadth of the specification of goods and services, and is virtually identical to section 20 of the Trade Marks Act 1953.

Footnote

¹ See section 31(2) of the Act.