60.4.6 Classification of Goods and Services

4.6.1  Relevant Legislation

Madrid Protocol

Article 3(2) International Applications

Madrid Protocol Regulations

Rule 12 Irregularities With Respect to the Classification of Goods and Services

Rule 13 Irregularities With Respect to the Indication of Goods and Services

Trade Mark Regulations

Schedule 1 Classification of goods and services

Reg 3.1 Classification of goods and services

Reg 4.2 Application in approved form - requirements for filing

Reg 4.4 Specification of goods and/or services

Reg 17A.14 Specification of goods and services (IR)

Reg 17A.14A Representation of trade marks

Trade Marks Office Manual of Practice and Procedure

Part 14 Classification of Goods and Services

4.6.2  General Description

The IB checks the goods and/or services meet their classification requirements before registering an application for an international trade mark.

The goods and/or services claimed in an IRDA must accord with the Nice Classification system (see 2.2.3 Requirements for the International Application Form).  IP Australia has the right to object to terms that are considered too vague for the purposes of classification, are considered to be incomprehensible or linguistically incorrect or which are otherwise not acceptable under Australian trade mark legislation, such as the phrase "all goods in this class". (See Reg 17A.14).

The Madrid Protocol (Article 3(2)) stipulates that the IB exercises control as to the classification of goods and services and in the event of a dispute between an Office of origin and the IB, the opinion of the latter shall prevail.

The goods and/or services must comply with the Nice Classification System and will have been checked, and amended if necessary, by the IB prior to transmission of the international registration to IP Australia.  

In the case of claims that have vague terms, are incomprehensible or linguistically incorrect, a provisional refusal may be issued, and the holder will be asked to explain or limit the claim. If there is no response from the holder, the terms will be refused (see 4.14 Acceptance and 4.18 Protection).