Trade Mark classification
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6 March 2009
Section 34 of the Trade Marks Act
1994 provides that goods and services are to be classified for the
purposes of registration, according to a prescribed system of
classification system is based on an international system adopted in
Nice, France, in 1957, and has 34 classes of goods and 11 classes of
You may register your
trade mark in a number of classes. The Registrar will resolve any
questions with regard to how your goods/services should be classified.
When the drafted trade mark specification is presented to the UK IPO
Examiner they will examine the specification of goods/services relates
to the correct classes, suggesting further classes when and if
required. This may be resolved by amendment of the specification and/or
addition of new classes.
classification is mostly administrative, to facilitate the searching of
marks for earlier registrations. Just because a competitor is using
your mark on goods/services in a different class to from those you have
registered in does not necessarily mean that they are not using the
mark on identical or similar goods/services. That is, they may still be
found to be infringing your mark.
specification helps to define the boundaries of the monopoly rights
conferred by the trade mark so must b e correctly drafted. The UK IPO
will not allow terms such as "all the goods in class x" whereas the
Office of Harmonisation of Internal Markets (in relation to Community
trade marks) is more disposed to this, as there is no use requirement
Tim Mount is a trainee solicitor at Lawdit
Solicitors, and can be contacted at email@example.com
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Article Published/Sorted/Amended on Scopulus 2009-03-08 15:33:09 in Legal Articles