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International Classification of Goods and Services for the Purposes of the Registration of Marks – Tenth EditionThursday, 02 February 2012 14:55
Article by Vera Sung, Partner
The Tenth Edition of the International Classification of Goods and Services, published by the World Intellectual Property Organization in June 2011 will be used in the classification of goods and services for the purposes of registration of trade marks in Hong Kong starting from 1 January 2012.
The WIPO revises the International Classification of Goods and Services every 5 years to keep it up to date. Under the Tenth Edition, there are significant changes to the classification of goods and services to ensure that goods and services are properly classified in accordance with its function or purpose.
Some of the major changes to the classification of goods and services in the Tenth Edition include:
- Game and amusement apparatus:
- “Games and amusement apparatus adapted for use with an external display screen or monitor” and “game and amusement apparatus other than those adapted for use with an external display screen or monitor”, which were formerly in Class 9, are now reclassified to Class 28.
- In Class 28, “games other than those adapted for use with an external display screen or monitor” is now deleted and “apparatus for games other than those adapted for use with an external display screen or monitor” is now changed to “apparatus for games”.
- “Video game machines”, “portable games with liquid crystal displays” and “arcade video game machines” are now added into Class 28.
- Dietary supplements, food additives and certain foodstuffs:
There are additions and changes to some of the indications in Classes 5, 29, 30 and 31. For example, “enzyme dietary supplements” is now added into Class 5 and “yeast of animals” in Class 31 is now changed to “yeast for animal consumption”.
- Additions and deletions of indications in various classes:
For example, “portable media players” is now added into Class 9 and “digital imaging services” is deleted from Class 41.
- Changes and transfers of goods/services from one class to another:
For example, “deodorants, other than personal use” in Class 5 is now changed to “deodorants, other than for human beings or for animals”. An example of transfer of goods is “drinking straws” in Class 20 which is now transferred to Class 21.
Apart from the above, there are also minor changes to other items across other classes such as the class headings, explanatory notes and general remarks etc.
Impact on trade mark applications and registrations
Trade mark applications and priority claims filed with the Trade Marks Registry on or after 1 January 2012 should classify their concerned goods/services in accordance with the Tenth Edition. To ensure registrability of the trade marks, cross-class clearance searches might be needed. On the other hand, owners of registered trade marks may be required by the Trade Mark Registry to reclassify their registrations so that they are consistent with the Tenth Edition.
How can OLN assist?
OLN can advise on the reclassification of trade marks and how the Tenth Edition may impact on your trade mark applications/registrations.
This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances.
By Jade Tang
A friend tells you that he has had a “brilliant idea” that will make him “millions. You wonder whether this idea could be commercialized and if so, how you can invest in it?
An idea by itself is rarely protectable but as soon as that idea can be transformed into intellectual property, that intellectual property can be protected.
The standard way of investing in an idea is for the related intellectual property to be transferred to a limited liability company which would then act as the joint venture vehicle between the creator of the intellectual property and any investors (“JV Co”).