Expansion of “Classification of Goods and Services” proposed

In a public notice dated August 16, 2012 the Registrar of Trade Marks has proposed to publish a detailed classification of goods and services for the purpose of registration of trade marks. The proposed publication is in accordance with Section 8 of the Indian Trade Marks Act which prescribes that the Registrar may publish in the prescribed manner, an alphabetical index of classification of goods and services.

At present, India follows the international classification of goods and services (NICE classification) for registration of trade mark. Section 7 (1) of the Indian Trade Marks Act 1999, provides that the classification of goods and services has to be, as far as may be, in accordance with the International Classification of goods and services. Further, in accordance with Section 7 (2), any question arising as to the class within which any goods or services falls shall be determined by the Registrar whose decision shall be final.

Through this public notice, the Registrar desires to include the goods and services of “Indian Origin” in the classification of goods and services. Therefore, the Registrar has requested advocates, attorneys and the general public to point out those goods and services of Indian origin which are not mentioned in the current edition of the international classification of goods and services. The Registrar has also requested to suggest to him the appropriate class of such goods and services of Indian origin.

The proposal by the Registrar to add goods and services of Indian origin to the international classification is a welcome step since such goods and services of Indian origin are not mentioned in the international (NICE) classification. Also, including those goods and services in the international classification shall eliminate any confusion in identifying the correct class of such goods and services while applying for and obtaining registration of trade marks.