Designation and classification of goods and services
- Goods and services in respect of which trade mark registration is applied for shall be
classified in conformity with the system of classification established by the Nice
Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks of 15 June 1957 ('the Nice Classification').
- The goods and services for which the protection of the trade mark is sought shall be
identified by the applicant with sufficient clarity and precision to enable the competent
authorities and economic operators, on that sole basis, to determine the extent of the
- For the purposes of paragraph 2, the general indications included in the class headings of
the Nice Classification or other general terms may be used, provided that they comply with
the requisite standards of clarity and precision set out in this Article.
- The Office shall reject an application in respect of indications or terms which are unclear
or imprecise, where the applicant does not suggest an acceptable wording within a period
set by the Office to that effect.
- The use of general terms, including the general indications of the class headings of the
Nice Classification, shall be interpreted as including all the goods or services clearly
covered by the literal meaning of the indication or term. The use of such terms or
indications shall not be interpreted as comprising a claim to goods or services which
cannot be so understood.
- Where the applicant requests registration for more than one class, the applicant shall group
the goods and services according to the classes of the Nice Classification, each group being
preceded by the number of the class to which that group of goods or services belongs, and
shall present them in the order of the classes.
- Goods and services shall not be regarded as being similar to each other on the ground that
they appear in the same class under the Nice Classification. Goods and services shall not
be regarded as being dissimilar from each other on the ground that they appear in different
classes under the Nice Classification.
- Proprietors of EU trade marks applied for before 22 June 2012 which are registered in
respect of the entire heading of a Nice class may declare that their intention on the date of
filing had been to seek protection in respect of goods or services beyond those covered by
the literal meaning of the heading of that class, provided that the goods or services so
designated are included in the alphabetical list for that class in the edition of the
Nice Classification in force at the date of filing.
The declaration shall be filed at the Office by 24 September 2016, and shall indicate, in a
clear, precise and specific manner, the goods and services, other than those clearly covered
by the literal meaning of the indications of the class heading, originally covered by the
proprietor's intention. The Office shall take appropriate measures to amend the Register
accordingly. The possibility to make a declaration in accordance with the first
subparagraph of this paragraph shall be without prejudice to the application of Article 18,
Article 47(2), Article 58(1)a, and Article 64(2).
EU trade marks for which no declaration is filed within the period referred to in the second
subparagraph shall be deemed to extend, as from the expiry of that period, only to goods or
services clearly covered by the literal meaning of the indications included in the heading of
the relevant class.
- Where the register is amended, the exclusive rights conferred by the EU trade mark under
Article 9 shall not prevent a third party from continuing to use a trade mark in relation to
goods or services where and to the extent that the use of the trade mark for those goods or
- (a) commenced before the register was amended; and
- (b) did not infringe the proprietor's rights based on the literal meaning of the record of
the goods and services in the register at that time.
In addition, the amendment of the list of goods or services recorded in the register shall not
give the proprietor of the EU trade mark the right to oppose or to apply for a declaration of
invalidity of a later trade mark where and to the extent that:
- (a) the later trade mark was either in use, or an application had been made to register the
trade mark, for goods or services before the register was amended; and
- (b) the use of the trade mark in relation to those goods or services did not infringe, or
would not have infringed, the proprietor's rights based on the literal meaning of the
record of the goods and services in the register at that time.