12th edition Nice Classification
The 12th edition of Nice Classification by the World Intellectual Property Organization (WIPO) has come into force since 1 Jan 2023, and has replaced the 2022 version of the 11th ed Nice Classification.
The Nice Classification is made up of a list of classes with explanatory notes and an alphabetical list of goods and services. Trade mark registrations in HK for goods and services are classified in accordance with the Nice Classification.
The 12 ed Nice Classification will apply to all new trade mark applications filed in HK on or after 1 January 2023.
Some amendments featured in the 12th ed Nice Classification are listed below:
Class 9
Downloadable digital files authenticated by NFTs, and the extension from cryptocurrencies to crypto assets are added to the class.
Change of existing indication:
Class 42
“Information technology [IT] consultancy” has been changed to “Information technology [IT] support services [troubleshooting of software]”
Transfer of existing indication:
Hospital beds under Class 20 of the 11th ed Nice Classification is now transferred to Class 10.
An application for registration is classified in accordance with the classification prevailing at the time of application.
But, specifications of registered trade marks that were classified under the other previous editions of the Nice Classification are reclassified to classes under the current edition of the Nice Classification after notice by the Trade Mark Registry to the trade mark owner. Usually, the Trade Mark Registry will send notice of reclassification of the proposed specifications shortly after the trade mark has been renewed.
The trade mark owner has the right to oppose and make representation on such proposed reclassification.
For legal advice or services on IP disputes or IP infringement, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public. [Tel: +852 2856 3799 Email: cac@ccsn.hk]
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