What is Nice Classification

The Nice Agreement administered by the World Intellectual Property Office (WIPO), has established the Nice Classification for participating countries. The Nice Classification is an international classification that is used to classify goods and services for registration of trademarks. It groups goods and services into 34 classes of goods and 11 classes of services. Each class has a heading, which is a general indicator of the fields in which goods and services can be classified. It also includes explanatory notes for the class headings, that provide information on the types of goods and services that can be included within a specific class.

Nice Classification In Canada

Canadian trademark law has been amended to adhere to several international treaties. While the amendments are not yet in force, the Canadian Intellectual Property Office started accepting trademark applications with goods and services voluntarily grouped as per Nice Classification, from September 28, 2015 onwards. However, it must be kept in mind that the Nice Classification does not supersede the Canadian Trade-marks Act. The provisions for specifying all goods and services in paragraph 30(a) of the Trade-marks Act still apply. This means that you cannot use the Nice class headings to describe your goods and services. The Nice class headings are merely general indications of classes to which different goods and services belong to. Additionally, they may not always be compliant with paragraph 30(a) of the Trade-marks Act. When describing goods and services you must ensure compliance with paragraph 30(a) of the Trade-marks Act. It is best to refer to the Goods and Services Manual while describing goods and services.

The implementation of the Nice Classification proves to be beneficial in several ways. The trademark applications are coordinated in reference to a single classification system. The filing of trademarks is therefore simplified, as the goods and services will be classified the same in all countries that have adopted the system. This saves the applicant time and considerable work when filing internationally.

While it is not yet mandatory, it is beneficial to classify your goods and services using the Nice Classification. Once Canada adheres to the Singapore Treaty on the Law of Trademarks and the Madrid Protocol, the adoption of the Nice Classification will become obligatory. When the amended Trade-marks Act comes into force, all applicants will be required to classify their goods and services according to the Nice Classification. By classifying them now, your registration or renewal process becomes quicker. It is worth noting, that there is no additional cost associated with classifying your goods and services. However, when the law becomes mandatory, the Trademarks office might charge a fee. The Nice Classification is updated regularly by a committee of experts. All the changes are reflected in the Canadian Goods and Services Manual.

While the amendments are going to make the trademark process easier, professional assistance in relation to these matters should be considered to avoid costly mistakes.