The turn of the year brought not only the possibility of new beginnings, but also a new edition of the International (Nice) Classification of Goods and Services (NCL), which became effective on January 1, 2017.
The Classification – used to categorize goods and services for the purposes of the registration of trademarks – was established in 1957 by means of the Nice Agreement and was adopted by the Brazilian Patent and Trademark Office (BPTO), as well as by another 150 Trademark Offices from various countries around the world.
The Nice Classification is continuously revised in order for it to always be updated. A new version of each edition has been published annually since 2013.
Among the modifications contained in the new Classification, we highlight the following:
• Revision of the headings of classes 3, 6, 10, 14, 16, 17, 18, 20, 21, 22, 24, 26, 28, 31 and 45;
• Revision of the Explanatory Notes for classes 5, 11, 29, 30, 35, 42 and 44; and
• Addition of 334 new terms, such as body composition monitors (Class 10), and herbal extracts for medical purposes (Class 5).
At the international level, the 11th edition of the Nice Classification will be applied by the World Intellectual Property Organization (WIPO) to all applications for international registration received by an Office of Origin. WIPO also clarifies that it will not reclassify the list of goods and services under international registrations that are subject to renewal after December 31, 2016. Finally, it states that it will include the abbreviation “NCL(11-2017)” on registration certificates, official publications and notifications sent to the countries which are parties to the agreement.
In Brazil, the BPTO recently issued the following statement: “The Trademarks, Industrial Designs and Geographical Indications Board clarifies that it is adapting its computerized systems for filing trademark applications to the 11th edition of the Nice Classification – NCL ( 11). As soon as the new edition comes into force, updated information will be made available to users on the BPTO’s website”.
The new edition is available on the WIPO’s website.
For further information, please feel free to contact us at firstname.lastname@example.org.