Insights into the 11th Edition of Nice Classification of Similar Goods and Services coming into effects from January 1, 2017
As of the first day of this year 2017, China Trademark Office (the CTMO) introduces a new version (11th edition) of Nice Classification of Similar Goods and Services. Compared with the previous edition, the CTMO makes some adjustment on some descriptions and in some classes to keep pace with the economic and technological development. Below we present two light spots of such changes and we hope it is useful for your reference.
1. As the technology develops rapidly, the classification book falls far behind and cannot meet the registrants’ needs to protect novel products they develop. In the 11th edition, the biggest light spot is that the CTMO adds some technological products/services into the book as a progress to catch up with the social development. For examples, in Class 9, the added goods include “anthropomorphic robot with artificial intelligence; mobile phone applications, downloadable; face recognition devices; protection films specially designed for smart phone screens; head-wearing virtual reality hardware devices”.
In class 35, the added services include “making TV shopping programs; commercial intermediary services (matching potential investors for enterprises in need of money)”.
In Class 36, the added service is “rental of public office”In Class 39, the added service is “vehicle sharing services”.
In Class 41, the added services include “providing films via video-on-demand services, non-downloadable; providing television program via video-on-demand services, non-downloadable”.
2. The CTMO adjusts the scope and the descriptions of some classes according to industrial practice, function and usage of goods or the needs of technological and commercial development. For example, they specify that any goods containing medicinal component or having medicinal effects should be classified into Class 5. In other words, “shampoo, soaps, dentifrices” belong to Class 3 but if those products containing medicinal component, they fall into Class 5. For Class 9 and Class 11, the CTMO moves “Socks, electrically heated; Electrically heated clothing; Electrically heated vests; Electrically heated gloves; Electrically heated boots” from Class 9 to Class 11 because those goods and the goods “Pocket warmers” in Subclass 1111 share similar function and usage.
Above is a brief list of the new changes for your reference. In case you find any of the new goods are related to your business, please act to get the new goods protected. If you have any interested goods that need to be protected, please feel free to contact us. The CTMO and The Trademark Review and Adjudication Board (TRAB) also issue new version of Trial and Examination Criteria. We will announce our newsletter regarding the new version of Trial and Examination Criteria for your reference later.