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2. Correct classification
Up one level
This Annexure outlines the correct classification of goods and services that are more difficult to classify under the Act. In providing these general guidelines, the Intellectual Property Office of New Zealand (IPONZ) hopes to assist trade mark applicants to select the correct class and scope of specifications, before making an application. It is important that the goods or services applied for are correctly classified in light of current international classification standards.
The examiner will check the specification and draw any errors to the attention of the applicant. However, as long as the goods or services applied for can fall in the class applied in, the examiner will assume that the applicant has applied in the correct class.
Cleaning machines, apparatus and installations
Customer loyalty schemes or programmes
Electricity services, energy services
Filters and filtering materials
Loyalty schemes and programmes
Occupational health and safety
Protective clothing and padding
Wine and related goods and services
Animal welfare services
Animal welfare services2 are classified in class 44.
Badges
Badges are classified differently, depending on whether they are for wear or not.
Specification | Class | |
| Badges for wear, of precious metal | 14 | |
| Badges for wear, not of precious metal | 26 | |
Badges not for wear are classified according to the material they are made of.
Specification | Class | |||
| Badges made of common metal | 6 | |||
| Badges made of leather | 18 | |||
| Badges made of plastic | 20 | |||
| Badges made of textile materials | 24 | |||
Beverages
Beverages are classified according to their content or purpose.
Specification | Class | |||
| Dietetic beverages adapted for medical purposes Medicinal alcohol, medicinal tea Medicinal drinks, medicinal infusions | 5 | |||
| Milk beverages (milk predominating), milkshakes | 29 | |||
| Coffee, tea, cocoa Beverages based on coffee, tea and cocoa Chocolate-based beverages, chocolate beverages with milk | 30 | |||
| Beverages for pets or animals | 31 | |||
| Mineral water, aerated water, drinking water, tonic water Soft drinks, isotonic drinks Non-alcoholic drinks, such as de-alcoholised wines and cider Fruit drinks and fruit juices | 32 | |||
| Alcoholic beverages (other than beers) Wines, spirits, liqueurs, ciders | 33 | |||
Bicycle dynamos
Bicycle dynamos3 are classified in class 7.
Bonus schemes
see Customer Loyalty Schemes and Programmes
Butler services
Butler services4 are in the nature of a personal service rendered by others to meet the needs of individuals. They are therefore classified in class 45.
Cabinet making
Cabinet making5 may be classified as follows:
Specification | Class |
| Repair of cabinets | 37 |
| Custom manufacture of cabinets | 40 |
Civil engineering
– see Construction Services
Child care services
Child care services may be classified in a number of classes as follows:
Specification | Class |
| Training in the care of children | 41 |
| Design of child care facilities | 42 |
| Child care services Provision of child care centres Day care services for children | 43 |
| Day care centres | 44 |
Cleaning machines, apparatus and installations
Cleaning machines, apparatus and installations are classified as follows:
Specification | Class |
| Electrically operated or mechanically powered cleaning machines, apparatus and installations | 7 |
| Hand operated domestic cleaning utensils | 21 |
Clothing accessories
Clothing accessories fall into a number of classes. For example:
Specification | Class |
| Jewellery | 14 |
| Handbags | 18 |
| Shoes, leather belts [clothing] | 25 |
| Hair bands and clips, false hair pieces, brooches | 26 |
Construction services
Building construction services are classified in class 37. Class 37 is intended to cover building of structures, roads, bridges and similar civil engineering projects. Shipbuilding is also classified in class 37.
Manufacturing services, that is, the construction of custom manufactured products, are classified in class 40.
Customer loyalty schemes or programmes
Customer loyalty schemes or programmes that allow customers to accumulate points to be used for discounts on future purchases are primarily retail store services, hence are classified in class 35.
Airline frequent flyer programmes are classified in class 39.
Organising and conducting a customer loyalty or bonus scheme for a third party is a promotion or advertising service, and is classified in class 35.
Dance choreography
Dance choreography6 services are similar in nature to dance instruction services and classified in class 41.
Distribution services
Distribution services are classified in class 39 if in the nature of delivery services, and class 35 if in the nature of retail services.
Doors
Doors are classified as follows:
Specification | Class |
| Doors made of metal | 6 |
| Doors for vehicles | 12 |
| Doors not made of metal | 19 |
| Doors for furniture | 20 |
Drinks
Electricity services, energy services7
Class 4 is the correct classification for electricity as a ‘good’. Class 39 is the correct classification for the distribution and transmission of energy.
Class 40 is the correct classification for the production of energy and analogous services.
Specification | Class |
(Electricity goods) | 4 |
| Fuels, gas, gasoline, petrol, coal | 4 |
| Distribution of electricity Transmission of electricity Transportation and storage of electricity Supply of electricity | 39 |
| Production of electricity Generation of electricity | 40 |
Electronic calculators
These are classified as a computer service in class 42, unless:
- Class 36: if they are incidental to a banking service, e.g., overseas currency converters and mortgage repayment calculators.
- Class 41 if they are incidental to an education service, e.g., online mathematical calculator’s incidental to an education service.
Electronic games
The 9th edition8 of the Nice Classification states:
Specification | Class |
| Games (Apparatus for - ) adapted for use with television receivers only Amusement apparatus adapted for use with television receivers only Coin-operated apparatus (Mechanisms for-) | 9 |
| Games (Automatic - ) other than those adapted for use with television receivers only Games (Apparatus for –) adapted for use with an external display screen or monitor Games other than those adapted for use with television receivers only (Apparatus for electronic -) Amusement machines, automatic and coin operated | 28 |
Class 9 covers:
- Games apparatus that is adapted or intended for use with a television, monitor or some other form of display apparatus that is separate from the games apparatus.
Class 28 covers:
- Games apparatus that is self contained, usually hand-held, and that does not require a separate piece of apparatus such as a television or computer monitor to play the game. These games may have programmes built in or programmes that slot in.
- Electronic games without a display.
- Games apparatus that is coin and/or counter fed or coin and/or counter operated.
All computer games programmes, computer games software and computer games cartridges are classified in class 9 regardless of the type of game.
Energy services
– see Electricity Services
Event management
Event management services are classified as follows:
Specification | Class |
| Administration and business management of events | 35 |
| Management of entertainment events | 41 |
| Arranging temporary accommodation, food and beverages for events | 43 |
Exhibitions
Organisation of exhibitions is classified according to the purpose of the exhibitions as follows:
Specification | Class |
| Organisation of exhibitions for commercial and advertising purposes | 35 |
| Organisation of exhibitions for cultural, educational, sporting or entertainment purposes | 41 |
Filters and filtering materials
Filters are usually finished articles and are normally classified according to their use. For example:
Specification | Class |
| Filters being parts of engines or machines | 7 |
| Photographic filters | 9 |
| Filters for ultraviolet rays for medical purposes | 10 |
| Filters for water supply apparatus Filters for electric coffee machines | 11 |
| Coffee filters made of paper | 16 |
| Filters for non-electric coffee machines | 21 |
| Cigarette filters | 34 |
Filtering materials are classified according to the material they are made of. For example:
Specification | Class |
| Filtering materials made of unprocessed plastic | 1 |
| Filtering materials made of metal | 6 |
| Filtering materials made of paper | 16 |
| Filtering materials made of semi-processed plastic | 17 |
| Filtering materials made of textile | 24 |
Franchising services
Franchising services are classified as follows:
Specification | Class |
| Business consultancy services relating to franchising | 35 |
| Legal services relating to franchising | 459 |
Frequent flyer programmes
– see Customer loyalty schemes and programmes
Hire purchase finance services
Hire-purchase financing services are classified in class 36.
Loyalty schemes and programmes
– see Customer loyalty schemes and programmes
Occupational health and safety
Occupational health and safety10 services are classified according to the services they relate to or field in which they are being offered. For example:
Specification | Class |
| Education and training services in relation to occupational health and safety | 41 |
| Occupational health and safety (ergonomics and design) | 42 |
| Consultancy in relation to occupational health and safety | 42 |
| Occupational health and safety (therapeutic and rehabilitation services) | 43 |
Medicated goods11
Dentifrices, shampoos, soaps and toothpastes are correctly classified in class 3 whether they are medicated or not. However, mouthwashes and rinses are classified as follows:
Goods | Class 3 | Class 5 |
| Mouthwash | not for medical purposes | for medical purposes |
| Dental rinse | non-medicated | medicated |
| Mouth rinse | not for medical purposes | for medical purposes |
Project management
Project management services are generally classified according to the services they relate to or the field in which they are being offered.
For example:
Specification | Class |
| Project financing | 36 |
| Building project management | 37 |
| Architectural project management Project management [design] | 42 |
Class 35 is the correct classification for business project management, that is, project management services to do with the way a business is organised or run. This is so regardless of the nature of the business using the management services.
Protective clothing and padding
Clothing, footwear and headgear for normal wear are classified in class 25. Certain specialised items of clothing, footwear and headgear are classified in class 9. These items protect the wearer from injury in accidents, or where there is some known potential for injury. Protective clothing for medical, surgical or dental purposes is classified in class 10.
Pads to protect the wearer from injury are usually classified in class 9, but can be classified in other classes. Padding for wearing in sport is classified in class 28. Supports worn on limb joints etc are classified in class 28 if worn for sports purposes, and class 10 if worn for medical purposes.
For example:
Specification | Class |
| Clothing, footwear and headgear Clothing and shoes for protection against accidents, irradiation and fire Protective clothing, footwear and headgear for industrial purposes Protective helmets Protective masks Protective suits for aviators Diving suits and diving masks (protective clothing for use in diving) Pads Knee pads and elbow pads for wear by labourers | 9 |
| Protective clothing for medical, surgical or dental purposes Limb supports for medical purposes | 10 |
| Clothing, footwear and headgear for normal wear Protective clothing for use in inclement weather conditions | 25 |
| Cricket pads Shin pads for wear while playing sport Limb supports for sports purposes | 28 |
Supplements
Dietetic and food supplements for medical purposes and non-medical dietetic and food supplements are classified in class 5.
Tableware
Tableware is classified as follows12:
Specification | Class |
| Cutlery, including cutlery of precious metals Knives, forks and spoons | 8 |
| Table linen made of paper Table mats made of paper Table napkins made of paper | 16 |
| Bowls, cups, dishes, plates and platters Napkin holders/rings Salt and pepper shakers | 21 |
| Table linen made of textile Table mats, not of paper Table napkins made of textile | 24 |
Travel agency services
Most services provided by a travel agency are classified in class 39; however accommodation reservation services are classified in class 43.
Typesetting
Typesetting13 services are classified in class 40.
Valves
Valves may be classified according to their purpose or to the materials they are made of.
Specification | Class |
| Valves made of metal, other than parts of machines | 6 |
| Valves, being parts of machines | 7 |
| Automatic valves Regulative valves Solenoid valves Thermionic valves | 9 |
| Feeding bottle valves Valves for medical purposes | 10 |
| Valves for controlling the level in tanks Thermostatic valves, being parts of heating installations Air valves for steam heating installations Valves, being plumbing fittings Valves for air conditioners | 11 |
| Valves for vehicle tyres | 12 |
| Valves for musical instruments | 15 |
| Valves made of rubber or vulcanised fibre | 17 |
| Valves made of leather | 18 |
| Water pipe valves, not made of metal or plastic | 19 |
| Valves not of metal, other than parts of machines Water pipe valves made of plastic | 20 |
Wet suits
-see also Protective clothing and padding
While wet suits may be considered as sports equipment they are correctly classified in class 9 or 25 depending on whether it is for a surface sport or for diving. For example:
Specification | Class |
| Wet suits for diving All diving equipment | 9 |
| Wet suits for surfing or waterskiing Wet suits for surface water sports | 25 |
Wine and related goods and services
Wine and related goods and services are classified as follows:
Specification | Class |
| Chemicals used in the making of wine | 1 |
| Printed publications relating to wine | 16 |
| Juices and beverages containing wine (alcohol content of 1.2% or less by volume) | 32 |
| Wine (alcohol content of 1.2% or more by volume) | 33 |
| Wine sales/ cellar door sales Mail order services relating to wine | 35 |
| Delivery of wine | 39 |
| Winemaking/ Oenology | 40 |
| Wine tasting events, organisation of wine tasting events, entertainment relating to wine tasting | 41 |
| Wine bar services | 43 |
| Viticulture | 44 |
Footnote
2 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
3 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
4 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
5 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
6 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
7 Practice Guideline Amendment 2003/5, Information For Clients, Issue 29: 30 December 2003.
8 Reference updated 5 January 2007
9 Reference updated 5 January 2007
10 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
11 Practice Guideline Amendment 2007/02, IPONZ Newsletter, March 2007.
12 Table updated 5 January 2007
13 Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.
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