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The classification addendum

Intellectual Property Office

April 12
08:47 2024

The purpose of this Addendum is to provide more detailed guidance on how to find the correct class for specific items and notes on classification practice (including words or phrases that should not be used)

A

Abbreviations

Abbreviations should be used with caution. While the meaning of many abbreviations might be well known today, it is difficult to know how some of them may be interpreted in the future. However, providing an abbreviation only has one meaning in relation to the class of goods or services applied in, it may be allowed. Therefore, for example CD-ROMs and DVDs - are acceptable in Class 9, but where the abbreviation is a lesserknown term it would have to be followed by the word or phrase abbreviated.

Accessories, Components, Parts and fittings

These terms are acceptable but they must relate to specific goods and cannot be accepted

Parts and fittings. Class 12

but allow:

Parts and fittings for motor vehicles. Class 12

Care should be taken in the use of accessories. For example, in Class 25, suits and accessories therefore is an acceptable specification as there are accessories (e.g. hats) that are in this class but goods such as handbags and umbrellas, which are also clothing accessories, are proper to Class 18.

Punctuation is important so that the parts and fittings relate to the goods intended by the applicant. It is also important to ensure that any claim for parts and fittings is applied sensibly and logically, i.e. only to goods which would in a practical sense have parts and fittings.

Allow the following and similar:

Computers and parts and fittings therefore. Class 9

Computers and parts and fittings for the aforesaid goods. Class 9

Computers and parts and fittings for all the aforesaid goods. Class 9

Computers and parts and fittings all for the aforesaid goods. Class 9

It is clear in all the above examples that both the parts and fittings relate to the computers.

Allow the following and similar:

Computers and modems; parts and fittings therefore. Class 9

Computers and modems; parts and fittings for the aforesaid goods. Class 9

Computers and modems; parts and fittings for all the aforesaid goods. Class 9

Computers and modems; parts and fittings all for the aforesaid goods. Class 9

Again there is no ambiguity and the parts and fittings must relate to all the preceding goods.

In the following example there could be difficulty in interpreting what is meant to be covered and the punctuation should be queried:

Computers, modems and parts and fittings therefore. Class 9

The question arises are the parts and fittings intended only to cover the modems? In such instances edit to:

Computers and modems; parts and fittings therefore Class 9

Advisory services

See guide at Consultancy, advisory and information services

Amusement apparatus and electronic games

Following changes to the International Classification on 1st January 2012, these goods are now classified as:

Class 28 Electronic games apparatus; electronic games and amusement apparatus adapted for use with television receivers or other external display screens or monitors.

Amusement machines, automatic and coin operated

Class 28 covers coin operated games apparatus and amusement rides as well as fruit machines, one-armed bandits and other arcade games such as pinball machines. Please note: All computer games programs, software and cartridges for any type of games apparatus are in Class 9 (even if the equipment is in Class 28).

And/or and use of oblique strokes

Oblique strokes may be used in specifications and are normally put in the phrase and/ or. It is acceptable in the following:

Chemical/biochemical products or Chemical and/or biochemical products. It may also be used in the following ways:

Chemicals for use in industry/science or Chemicals for use in industry and/or science and Import/export agency services

These terms are too vague as descriptions as goods or services as in:

Class 25 Shirts and tee shirts and the like clothing

or:

Class 36 Banking, insurance and related financial services.

In all cases the goods or services should be specified.

However, where the goods or services are clearly stated, the terms may be accepted as a secondary qualifier, for example

Class 25 Shirts, tee shirts and polo shirts, for use in games and the like leisure activities

or:

Class 41 Training of personnel in data processing and the like office skills.

In both of these examples the goods or services are clearly defined.

Apparatus, instruments and equipment

No objection will be raised against the use of these terms where they are suitably qualified, for example

Mining apparatus or Mining equipment.

Association services or services provided by an association to its members

Too vague and broad a description. The type of service being provided needs to be specified,

Class 35 Business administration

Class 45 Legal services

B

Babies nappies, napkins and diapers

These goods were formally classified under International class 16, but from 1st January 2012 are proper to Class 5.

Badges

Badges are classified differently if for wear or not for wear

Badges for wear, of precious metal Class 14

Badges for wear, not of precious metal Class 26

Badges, not for wear, are classified by material

Common metal Class 6

Leather Class 18

Plastics Class 20

Textile materials Class 24

Beverages

Beverages can be found in a number of classes, the classification being dependent on their content or purpose, for example:

Class 5 Dietetic beverages adapted for medical purposes.

This class includes drinks specifically prepared to treat a medical disorder. Also medicinal wines and other medicinal drinks (including medicinal tea) and beers for diabetics fall in this class.

Calorie reduced soft drinks such as lemonade or carbonated cola beverages are generally proper to Class 32, although they could be proper to Class 5, e.g. for diabetics.

Class 29 Milk beverages and milk shakes. Beverages containing milk when the milk predominates. Yoghurt beverages.

Class 30 Coffee, tea, cocoa, and beverages based on these products, including chocolate drinks.

Class 31 Beverages specially made for animals, for example, cat milk.

Class 32Beers, mineral and aerated waters, non-alcoholic carbonated beverages such as lemonade, fruit drinks and fruit juices.

This class includes all beers (including stout, porter, lager etc) regardless of their alcoholic strength; shandy; drinking water and tonic water; soft drinks such as fruit juices, lemonade or carbonated cola beverages (including low calorie versions of these drinks); isotonic drinks; low alcohol beverages which contain no more than 1.2% alcohol by volume (these include very low alcohol cider and wine or any other very low alcohol drink which would ordinarily be regarded as an alcoholic beverage). Non- alcoholic or de-alcoholised wines, cider or perry also fall in Class 32.

Note that mineral water for medical purposes is proper to Class 5.

Class 33 Wines, spirits, liqueurs, cider and perry.

This class includes drinks with an alcohol content which exceeds 1.2% by volume with the exception of beers which are proper to Class 32. Also under Class 33 are drinks which are alcoholic versions of soft drinks (more than 1.2% by volume) e.g. alcoholic lemonade. Very low alcohol wines, cider or perry (1.

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