The Nice Agreement (Nice) provides a standardized classification of goods and services for the registration of trademarks. For example, clothing belongs to class 25 and retail sale of clothing to class 35. Although Canada has yet to formally implement Nice (this is expected sometime in 2017), as of Monday, September 28, 2015, the Trademarks Office (TMO) has been accepting newly filed or amended trademark applications with goods and/or services voluntarily classified according to Nice.
We propose to include the Nice classes of goods or services for the trademark applications we file on your behalf, when the determination is fairly straightforward. In cases where classification is not straightforward, we recommend filing without classification and addressing the classification of goods or services later so as not to delay filing.
When applications are ready to be published for opposition purposes, if the TMO disagrees with the class(es) proposed, then the TMO will publish the applications without the classes.
For already pending trademark applications and issued registrations, the TMO has now provided its own classification for searching and information purposes.
Further updates will follow when additional information becomes available.
For further information on the Nice Agreement, please contact a member of our firm’s Trademarks group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
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