The World Intellectual Property Organization (WIPO) announced that with effect from 01st January 2017, the Eleventh (11th) Edition of the International Classification of goods and services shall come into force. This edition has incorporated a number of significant additions and amendments.
The changes incorporated in the Eleventh (11th) Edition of the International Classification of goods and services were determined and agreed by the Committee of Experts of the Nice Union.
On this new edition, fifteen (15) class headings and Explanatory notes for seven classes have been modified. Most of these amendments were initiated by a joint proposal of the IP Offices of Japan, Switzerland, the United States, the European Union, and WIPO and approved by the Committee of Experts of the Nice Union with minor changes. The class headings affected are 3, 6, 10, 14, 16, 17, 18, 20, 21, 22, 24, 26, 28, 31, and 45 and the Explanatory notes for classes 5, 11, 29, 30, 35, 42 and 44. These changes aim to clarify the scope of each of the above-mentioned classes.
Further, several new services on the alphabetical list of goods and services have been added, among them being unlocking of mobile phones under Class 42, as well as dog walking, kimono dressing assistance and conducting religious ceremonies under Class 45.
Although WIPO will apply the 11th Edition of the Nice Classification to all applications for International Registrations under the Madrid System on or after January 1, 2017, it shall not re-classify the list of goods and services under International Registrations affected by renewals, subsequent designations or other changes filed after December 31, 2016. In addition, the lists of goods and services which have been classified according to the new edition of the Nice Classification will include the abbreviation “NCL (11-2017)”. This abbreviation shall also be inserted in registration certificates, official publications and notifications sent to designated Contracting Parties.
Since Kenya is a party to the Nice Agreement, it is mandatory that the trade marks Registry adopts and applies the 11th Edition of the International Classification of goods and services for the purposes of registration of trade marks at the national level. A public notice and the list of the goods and services as per the new edition are however, yet to be published in the Kenya Industrial Property Journal.
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