Statutory Instruments
2001 No. 3832
TRADE MARKS
The Trade Marks (Amendment) Rules 2001
Made
29th November 2001
Laid before Parliament
4th December 2001
Coming into force
1st January 2002
1. These Rules may be cited as the Trade Marks (Amendment) Rules 2001 and shall come into force on 1st January 2002.
2. The Trade Marks Rules 2000( 3 ) are amended as set out in rules 3 to 8 below.
3. For rule 7 (classification of goods and services), there shall be substituted the following:
“ 7. —(1) For the purposes of trade mark registrations dated before 1st January 2002, goods and services shall be classified in accordance with Schedule 3 ( 4 ) , except where a specification is reclassified under rule 46 below to Schedule 4.
(2) For the purposes of trade mark registrations dated on or after 1st January 2002, goods and services shall be classified in accordance with Schedule 4, which sets out the latest version of the classes of the International Classification of Goods and Services ( 5 ) . ”
4. —(1) In rule 8 (application may relate to more than one class and shall specify the class), for the words “Schedule 3”, in each place where they appear, there shall be substituted “Schedule 4”.
(2) The amendments made by this rule do not apply to applications made before 1st January 2002.
5. In rule 46(1)(a) (change of classification), for the words “Schedule 2 to one founded on Schedule 3” there shall be substituted “Schedule 3 to one founded on Schedule 4”.
6. Schedule 2 is hereby revoked.
7. In the heading to Schedule 3, for the words “Rule 7(2)” there shall be substituted “Rule 7(1)”.
8. After Schedule 3, there shall be inserted—
Rule 7(2)
“ SCHEDULE 4 CLASSIFICATION OF GOODS AND SERVICES
Goods
Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists
Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Class 12 Vehicles; apparatus for locomotion by land, air or water
Class 13 Firearms; ammunition and projectiles; explosives; fireworks
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks
Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class 20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
Class 23 Yarns and threads, for textile use
Class 24 Textiles and textile goods, not included in other classes; bed and table covers
Class 25 Clothing, footwear, headgear
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
Class 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt
Class 32 Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 Alcoholic beverages (except beers)
Class 34 Tobacco; smokers' articles; matches.
Services
Class 35 Advertising; business management; business administration; office functions
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs
Class 37 Building construction; repair; installation services
Class 38 Telecommunications
Class 39 Transport; packaging and storage of goods; travel arrangement
Class 40 Treatment of materials
Class 41 Education; providing of training; entertainment; sporting and cultural activities
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services
Class 43 Services for providing food and drink; temporary accommodation
Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
Class 45 Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals. ”
Melanie Johnson,
Parliamentary Under-Secretary of State, for Competition, Consumers and Markets
Department of Trade and Industry
29th November 2001
S.I. 2000/136 .
Schedule 3 sets out the classes of the Seventh Edition of the International Classification of Goods and Services (the International Classification is referred to in the following footnote).
The International Classification is drawn up under the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15th June 1957 (as last revised on 13th May 1977) (Cmnd 7671). The latest version of the International Classification is the Eighth Edition which has a coming into force date of 1st January 2002.