Once you shortlist the Trademark class with respect to your goods and services, you are able to conduct a good search for your proposed trademark before proceeding to file for a Trademark application in India.
Apart from this an appropriate class description plays a major role in Examination process as because mostly when an Trademark objection is raised over the question of similarity the description of goods and services as described in Trademark application also taken in to consideration.
In our previous posts we have written generally a lot about how to file an TM application and Registration of trademarks in India. Today we will focus on what is the concept of Nice classification in Trademarks.
What is Nice Classification ?
Nice classification is category of classifying and demarking the goods and services into various classes specified in numbers.
The nice classification comes into picture because of NICE AGREEMENT and it is worldwide approved classification for segregation of various goods and services in Trademarks.
So even if you file for a trademark in India or United states, the classification of goods and services is same and in sync with the Nice classification.
Use of the Nice Classification is mandatory not only for the national registration of marks in countries party to the Nice Agreement, but also for the international registration of marks effected by the International Bureau of WIPO, under the Madrid Agreement Concerning the International
Registration of Marks and under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and for the registration of marks by the African Intellectual Property Organization (OAPI), by the Benelux Trademark Office and by the Office for Harmonization in the
Internal Market (Trade Marks and Designs) (OHIM).
Is there a difference between Trademark class and nice classification ?
Trademark class is basically the class from 1-45 in general specified broadly for goods and services. Whereas Nice classification is a detailed database listing each and every detail of product or services that might fall in a particular class of Trademark.
Is there a difference between Trademark class heading and Nice classification ?
Yes, Trademark class heading in general tells about the category of goods and services that might fall in a particular class, whereas Nice classification lists each and every product and service that falls in a particular class.
For example: Class 5 headings is Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for humans and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides
By looking at the heading we are able to understand that basically all medicinal and pharmaceutical products fall in this category.
But in case you want to see in which category sanitary pads falls in specifically you may have to check the nice classification database, wherein the exact category for a product can be seen.
The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service which is popularly known as Nice classification.