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Amendments to Trademark Laws

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Nov 22, 2016 (Newsletter Issue 21/16)
WIPO
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Changes to Class Headings and Goods/Services


WIPO will apply the 11th edition of the Nice Classification of Goods and Services for the Purposes of the Registration of Marks (NCL) as reported before. The latest edition brings with it a number of significant additions and amendments to class headings and list of goods and services:

Amendments to class headings
The class headings affected are those numbered 3, 6, 10, 14, 16, 17, 18, 20, 21, 22, 24, 26, 28, 31 and 45. In addition to these fifteen classes, Explanatory Notes for classes 5, 11, 29, 30, 35, 42 and 44 were also modified.

The most notable changes are involving Class 21. Although a proposal to transfer table cutlery, kitchen knives and other kitchen utensils for cutting from Class 8 to Class 21 was not approved, all serving utensils will be grouped under Class 21 beginning January 1, 2017.

Amendments to list of goods and services
Changes to the alphabetical list of terms under the NCL included the additions of several new services, including unlocking of mobile phones under Class 42, as well as dog walking, kimono dressing assistance, and conducting religious ceremonies under Class 45.

Further, eyelash brushes (under Class 21), foam toe separators for use in pedicures (Class 21), and herbal extracts for cosmetic purposes (Class 3) joining existing entries for false eyelashes (Class 3), manicure sets (Class 8), and hair extensions (Class 26) have been included.

Culinary entrepreneurs will rejoice at the addition of several new goods under Classes 29 and 30, including guacamole, onion rings, falafel, bibimbap, dulce de leche, almond, peanut and coconut milks, as well as nut- and chocolate-based spreads. For the more adventurous foodie, escamoles (prepared edible ant larvae) and edible insects have also been added (Classes 29 and 31), courtesy of proposals by representatives from Mexico and France.

Brand owners in the health sector can benefit from changes and additions to several classes, including body composition monitors (Class 10), and new entries for both herbal extracts and phytotherapy preparations for medical purposes (Class 5).

WIPO will apply the 11th edition of the NCL to all applications and international registrations received by an Office of Origin under the Madrid System on or after January 1, 2017. However, WIPO will not reclassify the list of goods and services under international registrations affected by renewals, subsequent designations or other changes filed after December 31, 2016.

Source: www.wipo.int