News
Change of practice of our Department as regards the classification of services of “sales” and “trade”
Within the context of the European Convergence Programme “Class Heading” which will be implemented as from 01/07/2013, the Registrar of Trade Marks, decided that from that date on, the applications for the registration of a National Trade Mark, regarding the services that deal with “sales” and “trade”, will be classified in Class 35 and not in 36 as used to be the practise of our Department.
Up until 30/06/2013, according to the previous practice of the Department, the services of “sales” as well as the services of “trade” were classified in Class 36, whereas the other European States including OHIM and WIPO classified those services in Class 36.
The aim of the ‘Class Heading” programme, is the creation of separate expressions for each class, which will cover all goods and services which are known at a given time. Within the class scope of class 35 there is an expression which conceptually covers the services of “sales” and “trade”.
Therefore, the change of our Department’s practice is necessary, due to the fact that by non changing the practise will have as a result to allow the filling of applications regarding those services in both classes.
Specifically, if an application is filed which refers to “sales” or “trade”, the application will be accepted in Class 36, according to our Office’s practise. If however the same application is filed based on the Class Scope of Class 35 (based on which the abovementioned expressions are covered conceptually), the application will be accepted in Class 35, due to our office’s commitment regarding the Convergence Programme.
For informative purposes, below is quoted the Class Scope of Class 35, as it has been approved from OHIM and has been ratified by WIPO.
Class scope of nice class 35: Advertising, marketing and promotional services Commercial trading and consumer information services Business assistance, management and administrative services Business analysis, research and information services Advice, consultancy and information for the aforesaid services, included in the class.
