2017 Nice Agreement on the International Classification of Goods and Services for Trademark Registration
The Nice Agreement mainly stipulates the classification of goods and services, which divides goods into thirty-four categories and services. Divided into eight categories, this classification provides great convenience for trademark search and trademark management. The following is the 2017 Nice Agreement on the International Classification of Goods and Services for the Purpose of Trademark Registration that I have compiled. Welcome everyone to read it!
2017 Nice Agreement on the International Classification of Goods and Services for the Purpose of Trademark Registration
Article 1 [ Establishing a special alliance; adopting international classification; description and text of the classification table]
(1) The countries participating in this Agreement form a special alliance and adopt a different classification table of goods and services for trademark registration. (hereinafter referred to as the "classification table").
(2) The classification table consists of the following two tables:
(1) Category table, with additional comments as necessary.
(2) A detailed list of goods and services arranged in alphabetical order (hereinafter referred to as the "detailed list"), and indicate the category to which each commodity and service item belongs.
(3) Classification table includes:
(1) The International Bureau of Intellectual Property (hereinafter referred to as the "International Bureau") in the "Convention Establishing the World Intellectual Property Organization" in 197 Classification table published for one year. However, the notes attached to the category list shall be regarded as provisional suggestions before being confirmed by the expert committee mentioned in Article 3.
(2) Before the current protocol enters into force, in accordance with Article 4(1) of the Nice Agreement of June 15, 1957 and the Stockholm Protocol of July 14, 1967 Modifications and additions that have become effective.
(3) Any changes made in accordance with Article 3 of this Protocol and effective in accordance with Article 4(1) of this Protocol.
(4) The classification table is in English and French, and both texts are equally valid.
(5)(1) The classification table referred to in paragraph (3)(1), and the classification table referred to in paragraph (3)(2) before the date this Protocol is open for signature The modifications and additions that have come into force are listed in the original French version and shall be deposited with the Director General of the World Intellectual Property Organization (hereinafter referred to as the “Director General” and “WIPO” respectively). The French originals of the amendments and additions referred to in paragraph (3)(2) that come into effect after the date this Protocol is open for signature shall also be kept by the Director-General.
(2) The English translation of the text referred to in the preceding paragraph shall be confirmed by the expert committee referred to in Article 3 as soon as possible after this Protocol enters into force, and its original version shall be kept by the Director General.
(3) The original English and French versions of the changes referred to in paragraph (3)(3) shall be submitted to the Director-General for safekeeping.
(6) The official text of the classification list in Arabic, German, Italian, Portuguese, Russian, Spanish and other languages ??designated by the General Conference under Article 5 shall be published by the Director-General in the relevant It will be formulated in consultation with the governments concerned on the basis of translations provided by governments, or by other means that do not involve the financial budget of the Special Union or WIPO.
(7) The alphabetical detailed list should have a sequence number specifically used for the language of the table for each product and service item, and at the same time:
(1) English alphabetical detailed list The sequence number of the table shall be stated on the same designated detail in the French alphabetical detail table, and vice versa;
(2) The sequence number of any language determined in accordance with paragraph (6) shall be It is stated in the same designated section of the English or French alphabetical schedule.
Article 2 [Legal Effect and Use of Classification]
(1) In accordance with the requirements stipulated in this Agreement, the effectiveness of the classification depends on each country of the Special Alliance. In particular, the scope of protection afforded to any trademark or the recognition of service marks is not binding on the countries of the Special Alliance.
(2) The countries of the Special Alliance reserve the right to use the classification table as a primary system or as a auxiliary system.
(3) The competent authorities of the countries of the Special Alliance should state in their official documents and announcements related to trademark registration the class number of the classification of the goods or services when the trademark is registered.
(4) The time limit specified in the detailed schedule does not create any rights.
Article 3 [Expert Committee]
(1) Each country in the Special Alliance shall send representatives to form an expert committee.
(2)(1) Upon request of the Expert Committee, the Director General may invite countries that are not members of this Special Union but are members of WIPO or the Paris Convention for the Protection of Industrial Property to send observers to attend meetings of the Expert Committee.
(2) The Director General may invite intergovernmental organizations that specialize in trademark research to send observers to attend expert committee meetings. The organization must have at least one member country belonging to the Special Alliance.
(3) Upon request of the Expert Committee, the Director-General may invite other intergovernmental organizations and non-governmental international organizations to participate in discussions related to them.
(3) Responsibilities of the Expert Committee:
(1) Make decisions on changes in classification;
(2) Make recommendations to the Special Alliance countries to
(3) Take all measures to contribute to facilitating the use of classifications by developing countries without involving the financial budget of the Special Union and WIPO;
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(4) The right to establish subcommittees and working groups.
(4) The expert committee should formulate its own rules of procedure. Provide the possibility for intergovernmental organizations referred to in paragraph (2)(2) that can make a practical contribution to the development of the classification to participate in the meetings of the subcommittees and working groups of the Expert Committee.
(5) Relevant agencies of the Special Alliance countries, the International Bureau, intergovernmental organizations participating in the Expert Committee in accordance with paragraph 2 (2), and countries or organizations specially invited by the Expert Committee to make suggestions may Make recommendations for changes in classification. The recommendation shall be sent to the International Bureau, which shall communicate it to the members and observers of the Expert Committee at least two months before the meeting of the Expert Committee to study the recommendation.
(6) Each country in the Special Alliance shall have one vote.
(7)(1) Except as provided in item (2) below, resolutions of the Expert Committee shall be adopted by a simple majority of the votes of the Special Alliance countries present. (2) A resolution to adopt a classification amendment shall be passed by a four-fifths majority vote of the Special Alliance countries present. "Amendment" means changing goods or services from one category to another, or creating a new category.
(3) The rules of procedure referred to in paragraph (4) shall provide that, except in special circumstances, amendments to the classification shall be adopted at the end of a specific period. The length of a specific period is decided by a committee of experts.
(8) Abstention does not count as voting.
Article 4 [Notification, entry into force and announcement of changes]
(1) Changes in the decisions of the Expert Committee and the recommendations of the Expert Committee shall be notified by the International Bureau to the competent authorities of the countries of the Special Alliance organ. The amendment shall take effect six months after notification. Other changes shall take effect on the date specified when adopted by the Expert Committee.
(2) The International Bureau shall classify the changes that have taken effect. Notice of changes shall be published in the journal designated by the General Assembly as referred to in Article 5.
Article 5 [Special Alliance Conference]
(1)(1) The Special Alliance Conference shall be composed of countries that have ratified or acceded to this Protocol.
(2) Each country can send one representative to participate, and can be assisted by several deputy representatives, consultants and experts.
(3) The cost of each delegation shall be borne by the government that assigns the delegation.
(2)(1) In addition to the provisions of Articles 3 and 4, the responsibilities of the General Assembly are as follows:
1. To deal with matters related to the maintenance and development of the Special Alliance and the implementation of this Agreement. All questions;
2. Provide guidance to the International Bureau on the preparations for the revision meeting, and explain the opinions put forward by the countries in the Special Union that have not yet ratified or acceded to this Protocol;
3. Review and approve the report and activities of the Director General of WIPO on the Special Alliance, and give necessary instructions on relevant issues within the scope of the Special Alliance;
4. Decide on the plan of the Special Alliance and adopt the Special Alliance budget every three years, and approve the final accounts;
5. Adopt the financial rules of the Special Alliance;
6. In addition to the expert committee mentioned in Article 3, add other committees to realize the special alliance There are necessary expert committees and working groups for the goals of the Alliance;
7. Decide to admit non-Special Alliance member states, intergovernmental organizations and non-governmental international organizations to participate in the General Assembly meetings as observers;
8. Adopt amendments to Articles 5 to 8;
9. Carry out other appropriate activities to promote the objectives of the Special Alliance;
10. Carry out other activities in accordance with this Agreement appropriate responsibilities.
(2) For issues that are also of concern to other alliances affiliated with WIPO, the General Assembly can make its own decisions after listening to the recommendations of the WIPO Executive Committee.
(3)(1) Each member state of the General Assembly has one vote.
(2) Half of the member states of the General Assembly constitute a quorum.
(3) If the number of countries attending the meeting is less than half, but reaches or exceeds one-third of the member states of the General Assembly, then notwithstanding the provisions of the preceding paragraph (2), the General Assembly shall have no control over its own procedures except Decisions may still be made on matters other than Express their vote or abstention in writing. After the expiration of the period, the decision becomes effective if the number of countries voting or abstaining reaches the number required for a quorum and the required majority is obtained.
(4) Except in accordance with the provisions of Article 8(2), the decision of the General Assembly requires a two-thirds majority vote to be adopted.
(5) Abstention does not count as voting.
(6) A representative can only vote on behalf of one country.
(7) Special Alliance countries that are not members of the General Assembly may be admitted to participate in General Assembly meetings as observers.
(4)(1) The General Assembly shall hold a regular meeting once every three years by the Director General. Unless there are special circumstances, it shall meet at the same time and at the same place as the WIPO General Assembly.
(2) Upon request by a quarter of the member states of the General Assembly, the Director-General shall convene a special session of the General Assembly.
(3) The agenda of each meeting shall be prepared by the Director-General.
(5) The General Assembly should formulate its own rules of procedure.
Article 6 [International Bureau]
(1)(1) The International Bureau shall carry out administrative matters related to the Special Union.
(2) In particular, the International Bureau shall prepare for various meetings and provide secretariat for the General Assembly, Expert Committees and other expert committees and working groups that have been established by the General Assembly or Expert Committees.
(3) The Director-General is the administrative leader of the Special Alliance and represents the Special Alliance.
(2) The Director General and the staff designated by him may participate in all meetings of the General Assembly, the Expert Committee and other expert committees or working groups established by the General Assembly or the Expert Committee, but do not have the right to vote. The Director-General or a staff member designated by him shall be the ex-officio secretary of these bodies.
(3)(1) The International Bureau shall, in accordance with the instructions of the Assembly, make preparations for meetings to amend articles other than Articles 5 to 8 of this Agreement. (2) The International Bureau may consult with intergovernmental and non-governmental international organizations on the preparations for meetings related to revision work.
(3) The Director General and his designated staff may participate in the discussion of the revision meeting, but have no voting rights.
(4) The International Bureau shall undertake any other tasks assigned to it.
Article 7 [Finance]
(1)(1) The Special Alliance shall have a budget.
(2) The budget of the Special Union shall include the income and expenditures of the Special Union itself, payments for expenditures in the same budget as those of the Unions, and the amount required to contribute to the WIPO conference budget.
(3) Expenditures that are not earmarked for the special alliance but are used for one or more other alliances to which WIPO belongs, shall be regarded as exclusive expenditures of each alliance. The share of special alliances in joint expenditures shall be determined in proportion to the interests enjoyed by the special alliances.
(2) The budget of the Special Union shall be formulated in accordance with the requirements for coordination with the budgets of other unions affiliated to WIPO.
(3) The funding sources of the Special Union budget are as follows:
(1) Dues from the member states of the Special Union;
(2) Information on the Special Union by the International Bureau Fees for providing services;
(3) Sales and royalties from International Bureau publications related to the Special Union;
(4) Donations, bequests and grants;
(5) Rent, interest and other various incomes.
(4)(1) When determining the membership fees mentioned in paragraph (3)(1), each country of the Special Alliance shall have the payment level listed in the Paris Alliance for the Protection of Industrial Property. The same, and the dues are paid based on the same number of payment units fixed by the alliance for that level.
(2) The amount of membership dues paid by each country in the Special Alliance in the total amount paid by all Special Alliance countries is the same as the proportion of its payment units in the total number of payment units in all paying countries.
(3) Membership dues shall be paid on January 1 of each year.
(4) If a country is in arrears with its dues, and the amount in arrears is equal to or exceeds the amount due in the previous two years, it cannot exercise voting rights in the organizations of the Special Alliance. However, if it can be proven that the delay in payment is due to special and unavoidable reasons, the organizations of the Special Alliance may allow the country to continue to exercise its voting rights in the organization.
(5) If the budget fails to be adopted at the beginning of the new financial year, the same budget as the previous year will be maintained according to financial rules.
(5) The International Bureau provides services related to the Special Union, and the amount of fees shall be set by the Director General and reported to the General Assembly.
(6)(1) The Special Alliance shall establish a working fund, which shall be paid in one lump sum by each country of the Special Alliance. If the fund is insufficient, the General Assembly may decide to increase it.
(2) The initial amount paid by each country to the working fund or the increased fund shall be in proportion to the dues in the year in which the fund is established or increased.
(3) The payment ratio and period shall be determined by the General Assembly after the Director General puts forward a proposal and listens to the recommendations of the WIPO Coordination Committee.
(7)(1) The headquarters agreement reached between WIPO and the country where its headquarters is located shall stipulate that when the working fund is insufficient, the country shall allocate funds to advance payment. The amount of the advance and the terms of the grant shall be agreed upon separately by the country and WIPO.
(2) The countries and WIPO mentioned in item (1) above have the right to cancel the obligation to advance appropriations by written notice. The repeal shall take effect three years from the end of the year of notification.
(8) The audit work shall be carried out by one or more countries of the Special Alliance or external auditors in accordance with the provisions of the financial regulations. Auditors shall be appointed by the General Assembly with their consent.
Article 8 [Amendments to Articles 5 to 8]
(1) Proposals for amendments to Articles 5, 6, 7 and this Article may be submitted by any member state of the General Assembly or on the proposal of the Director-General. Proposals shall be communicated by the Director-General to the Member States of the General Conference at least six months before they are to be considered by the General Conference.
(2) Amendments to the provisions enumerated in paragraph (1) shall be adopted by the General Assembly. Adoption requires three-fourths of the vote, but amendments to Article 5 and this paragraph require four-fifths of the vote.
(3) Amendments to the articles mentioned in paragraph (1) shall be approved by the Director General after three-quarters of the member states of the General Assembly have followed their respective legal procedures at the time of adoption of the amendment. It will take effect one month after the effective recognition notice. Approved amendments to the above-mentioned articles shall be binding on all members of the General Assembly or States that subsequently become members of the General Assembly.
However, amendments that increase the financial burden on the countries of the Special Alliance will only be binding on countries that have notified and approved the amendments.
Article 9 [Ratification, Accession, and Entry into Force]
(1) Countries that have signed this Protocol may ratify it, and countries that have not signed it may accede to this Protocol.
(2) Countries that are not part of the Special Alliance but have participated in the Paris Convention for the Protection of Industrial Property may join this Protocol and become members of the Special Alliance.
(3) Documents of approval and accession shall be kept by the Director-General.
(4)(1) This Protocol shall enter into force three months after the following two conditions are met:
1. Six or more countries have submitted submissions for ratification and accession. Document;
2. At least three of the above-mentioned countries are Special Alliance countries during the period when this Protocol is open for signature.
(2) The entry into force mentioned in item (1) above applies to countries that have submitted ratification or accession documents for safekeeping at least three months before the effective date.
(3) As for countries not included in the above item (2), unless a later date has been specified in its ratification or accession document, this Protocol will be issued by the Director General on its ratification or accession. The notice will take effect three months later. In the event that a later date is fixed, this Protocol will enter into force for that country on the date specified.
(5) After ratification or accession, you will of course accept all the terms of this Protocol and enjoy all the benefits of this Protocol.
(6) After this Protocol enters into force, no country may ratify or accede to earlier protocols to this Agreement.
Article 10 [Validity Period]
The validity period of this Agreement is the same as the Paris Convention for the Protection of Industrial Property.
Article 11 [Revision]
(1) The Special Alliance Conference may amend this Agreement at any time.
(2) The convening of the revision meeting shall be decided by the general meeting.
(3) Articles 5 to 8 may be amended by the revision meeting or in accordance with the provisions of Article 8.
Article 12 [Withdrawal]
(1) Any country may withdraw from this Agreement by notifying the Director General. When withdrawing, it shall also withdraw from any earlier protocol to this Agreement that the country has previously ratified or acceded to. Withdrawal only affects the country that has withdrawn, and this Agreement remains in full force and effect for other Special Alliance countries.
(2) Withdrawal shall take effect one year from the date the Director General receives the notice.
(3) Countries that have participated in the Special Alliance for less than five years cannot exercise the right to withdraw stipulated in this article.
Article 13 [Relationship with Article 24 of the Paris Convention]
Provisions of Article 24 of the 1967 Stockholm Protocol to the Paris Convention for the Protection of Industrial Property applies to this Agreement. If the provisions of this article are revised in the future, the application of the amendment to this Agreement will be limited to the countries of the Special Alliance bound by the amendment.
Article 14 [Signature, writing, duty of preservation, notification]
(1) (1) This Agreement shall be signed in one original written in English and French, both parties Both texts are equally authentic and shall be kept by the Director General.
(2) The Director General shall, within two months after the signing of this Agreement, formulate the official text of the Agreement in Russian and Spanish after consultation with the relevant governments. The official text of the WIPO Convention is signed in these two languages ??and the language mentioned in item (1) above.
(3) The official text of this Agreement in Arabic, German, Italian and Portuguese and in the languages ??designated by the General Assembly shall be drawn up by the Director-General after consultation with the relevant governments.
(2) This Agreement is open for signature until December 31, 1977.
(3)(1) The Director-General shall deliver two copies of this Agreement, certified by him and signed, to all Governments of the Special Alliance and to any other Government that so requests.
(2) The Director-General shall transmit to all Governments of the Special Alliance and to any other Government so requesting, two copies of any amendment to this Agreement certified by him.
(4) The Director-General shall register this Agreement with the United Nations Secretariat.
(5) The Director General shall notify all countries participating in the Paris Convention for the Protection of Industrial Property of the following matters:
(1) Signature in accordance with paragraph (1);
(2) Preservation of documents of ratification or accession in accordance with Article 9(3);
(3) Entry into force of this Agreement in accordance with Article 9(4)(1) date;
(4) Acceptance of the amendment to this Agreement in accordance with Article 8(3);
(5) Date the amendment enters into force;
(6) Withdrawal notice received in accordance with Article 12.
Classification table of goods and services
General description
The names or descriptions of the goods or services listed in the classification table constitute the general scope of the goods or services. A general name or description. If a certain commodity cannot be classified, the following instructions point out various feasible standards:
(1) In principle, finished products are classified according to their functions and uses. If the classification table does not stipulate the classification standards, The manufactured goods are grouped with other similar manufactured goods in an alphabetical classification scheme, or may be classified according to the raw materials used or the method of operation of these manufactured goods according to auxiliary classification criteria:
< p> (2) Raw materials, unprocessed products or semi-finished products are in principle classified according to the raw materials they are composed of;(3) Goods that form part of other commodities are in principle classified into the same category as other commodities, but Such similar products cannot be used for other purposes under normal circumstances. All other situations are classified according to the above standards;
(4) When finished products or semi-finished products are classified according to their raw materials, if they are made of several different raw materials, in principle they are classified according to their main raw materials;
(5) Containers such as boxes and boxes used to hold commodities shall, in principle, be classified into the same category as the commodities.
Classification table of goods and services
Commodities
Category 1 chemicals used in industry, science, photography, agriculture, horticulture and forestry, unprocessed artificial Synthetic resins, unprocessed plastic substances, fertilizers, fire-extinguishing compositions, preparations for tempering and welding metals, chemicals for preserving food, tanning agents, adhesives for industrial use
Class II pigments, varnishes, Lacquers, rust and wood preservatives, colorants, mordants, unprocessed natural resins, metal foils and metal powders for painters, decorators, printers and artists
Class III laundry bleaching Agents and other materials, preparations for cleaning, polishing, stain removal and grinding, soaps, spices, essential oils, cosmetics, hair lotion, toothpaste, tooth powder
Category 4 industrial greases, lubricants, absorption, spraying and adhesive dust supplies, fuel (including gasoline for motors) and lighting materials, candles, wicks
Class 5 drugs, veterinary drugs and sanitary products, medical nutrition products, baby food, plasters, dressing materials , materials for filling dental holes and dental molds, disinfectants, pest-killing products, fungicides, herbicides
Category 6 ordinary metals and their alloys, metal building materials, movable metal buildings , Metal materials for railway tracks, non-electrical cables and metal wires, small hardware utensils, metal pipes, safes, ordinary metal products not included in other categories, mineral sand
Category 7 machines and machine tools, motors (for vehicles Except for those), couplings and transmission belts for machine transmission (except for vehicles), agricultural tools, incubators
Class 8 hand tools and instruments (hand-operated), cutlery, sabers, razors
Category 9 science, navigation, geodesy, electrical, photography, film, optics, weighing tools, measuring tools, signals, inspection (supervision), rescue (rescue) and teaching equipment and instruments, recording, communication , Apparatus for reproducing sounds and images, magnetic data carriers, recording discs, mechanical structures of automatic vending machines and coin-activated devices, cash receipt recorders, computers and data processing devices, fire-extinguishing equipment
Class 10 surgical, medical, dental and veterinary instruments and instruments, prostheses, eyes and teeth, orthopedic supplies, suture materials
Class 11 lighting, heating, steam, cooking, refrigeration, drying , ventilation, water supply and sanitation equipment and installations
Category 12 vehicles, land, air and sea carriers
Category 13 firearms, arms and bullets, explosives, fireworks
Class 14 Precious metals and their alloys and precious metal products not included in other classes or articles plated with precious metals, jewellery, jewelry, precious stones, clocks and timepieces
Class 15 Musical Instruments
Class 16 Paper, cardboard and their products not included in other classes, printed matter, binding supplies, photographs, stationery supplies, stationery or household adhesives, art supplies, paintbrushes , typewriters and office supplies (except furniture), educational or teaching supplies (except instruments), plastic articles for packaging (not included in other classes), playing cards, printing type, printing plates
Class 17 Not included Rubber, gutta-percha, gum, asbestos, mica and products of these raw materials belonging to other categories, semi-finished plastic products for production, packaging, filling and insulation materials, non-metallic hoses
Article 18 Leather and artificial leather products not included in other categories, furs, boxes and travel bags, umbrellas, parasols and walking sticks, whips and harness
Class 19 Non-metallic building materials, construction Made of non-metallic rigid pipes, asphalt, asphalt, movable non-metallic buildings, non-metallic monuments
Class 20 furniture, glass mirrors, picture frames, wood, cork, reed and rattan not included in other classes , wicker, horn, bone, ivory, whale bone, shells, amber beads, mother-of-pearl, meerschaum products, substitutes for these materials or plastic products
Class 21 household or kitchen utensils and Containers (not made of precious metals or plated with precious metals, etc.), combs and sponges, brushes (except paintbrushes), brush-making materials, cleaning utensils, steel wool, unprocessed or semi-processed glass (except glass for construction), Glassware, porcelain and earthenware not included in other classes
Class 22 Cables, ropes, nets, tents, awnings, tarpaulins, sails, bags (not included in other classes), padding and fillers (other than rubber or plastics), fiber raw materials for textiles
Class 23
Textile yarn and thread
Class 24 cloth and textiles not included in other classes, bed sheets and tablecloths
Class 25 clothing, shoes, hats
Class 26 Lace and embroidery, ribbons and braids, buttons, collar hooks, pins and sewing needles, artificial flowers
Class 27 Carpets, straw mats, Mats, linoleum and other floor coverings, non-textile wall hangings
Class 28 entertainment products, toys, sports and sporting goods not included in other categories, Christmas tree decorations
< p> Class 29 Meat, fish, poultry and game, gravies, pickled, dried and cooked fruits and vegetables, jellies, jams, eggs, milk and dairy products, edible fats and oils, sauces for salad dishes, Canned foodsClass 30 Coffee, tea, cocoa, sugar, rice, starch, sago, coffee substitutes, flour and cereal products, bread, pastries and candies, iced foods, honey, syrup , fresh yeast, baking powder, salt, mustard, vinegar, sauce (except sauce for cold dishes), spices for seasoning, drinking ice
Class 31 agricultural, horticultural, forestry products and Cereals, livestock, fresh fruits and vegetables, seeds, plants and flowers, animal feed, malt not included in other classes
Class 32 Beer, mineral water and soft drinks and other non-alcoholic beverages , fruit drinks and juices, syrups and other preparations for beverages
Class 33 alcoholic beverages (except beer)
Class 34 tobacco, smoking utensils, Matches
Services
Class 35 Advertising and Industry
Class 36 Insurance and Finance
Class 37 Class Construction and Repair
Class 38 Communications
Class 39 Transport and Storage
Class 40 Material Handling
< p> Class 41 Education and EntertainmentClass 42 Miscellaneous Services;