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The Classification guide

Intellectual Property Office

July 26
12:52 2023

The registration system in the United Kingdom is based on an internationally agreed system of classes covering different areas of trade in goods and provision of services. This guide sets out the purpose of classification, the legal framework and general principles to observe in classification.

2. The purpose of classification

In order to allow efficient searching of trade marks the UK uses The International Classification of Goods and Services, also known as the Nice Classification. The International Classification is administered by the World Intellectual Property Organisation (WIPO) and is used by over 140 countries throughout the world and by organisations such as The European Intellectual Property Office (EUIPO). Of these countries 83 are party to the Nice Agreement and 66, although not party to it, use the Nice Classification for their classification purposes. The system comprises 45 classes and groups together broadly similar goods or services into categories which assists the registry carrying out efficient searches of the register. Classes 1 34 contain goods and classes 35 45 contain services. It also allows businesses to check whether there are registered marks that conflict with marks they are using, or propose to use, in respect of particular goods or services. Whilst classification may be seen as an administrative tool its importance to applicants in relation to determining the boundaries of infringement rights cannot be stressed too highly. If the classification of the goods or services on an application is made incorrectly, the validity of any rights stemming from a subsequent registration might be called into question at a later date. This could result in a mark being the subject of proceedings to remove it from the register.

The Classification Teams ability to meet time related targets is dependent upon the detail of information that is provided. If full details are provided about the goods or services to be classified this should result in a faster turn round time.

Current classification contact points:

Telephone - (01633) 811148

E-mail - TMClassificationEnquiries@ipo.gov.uk

Our How to classify trade marks guidance provides you with general information and an overview of the 45 classes of goods and services.

Our search UK trade mark classes service provides a classification search database, which will help you to correctly classify the goods and services that you intend to use your trade mark on.

3.1 The classes

Goods and services are divided into 45 classes - 1 to 34 for goods and 35 to 45 for services. Classification is set out in detail in the International Classification of Goods and Servicespublished by WIPO (11th edition, published in 2016).

As a supplement to the WIPO list, we have developed the search UK trade mark classes service. This searchable database represents the Registrars view on the classification of goods or services. It contains over eighty thousand entries (including all the entries found in the current edition of the WIPO list) and is a valuable aid in the classification of goods and services and the framing of specifications.

3.2 The International Classification (Nice Classification)

The International Classification of Goods and Services list is currently in its 12th Edition, which came into force on 1st January 2023, and is divided into two parts. Part 1 consists of two alphabetical lists, one for goods and one for services. Part 2 lists the classes in numerical order and under each class lists goods and services class in alphabetical order.

The legal status for use of the International Classification in the UK is set out in the statute.

Section 34(1) of the Trade Marks Act states:

Goods and services shall be classified for purposes of the registration of trade marks according to a prescribed system of classification.

And, under Rule 7 of the Trade Marks Rules 2008:

The prescribed system of classification for the purposes of the registration of trade marks is the Nice Classification.

When a trade mark is registered it shall be classified according to the version of the Nice Classification that had effect on the date of application for registration.

Trade mark registrations may be obtained in the UK from two organisations namely the UK Registry and WIPO (through the Madrid Protocol). These organisations classify goods and services in accordance with the International Classification as administered by the WIPO.

3.3 The Registrars decision is final

Section 34(2) of the Act states:

Any question arising as to the class within which any goods or services fall shall be determined by the registrar, whose decision shall be

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