OHIM No Longer Accepting Nice Class Headings Without Specification


As and from the date of launch of its new website, on December 2, 2013, and contrary to its previous practice, the Office for Harmonisation in the Internal market (also known as the European Community trademark office) will not accept trademark applications claiming protection for certain goods and services mentioned in the class headings of the Nice Agreement.

Examples are "machines" in class 7, "installation services" in class 37 and "treatment of materials" in class 40. The new office practice will not only affect regular Community trademark applications, but also international trademarks designating the European Union. The background of the change is the implementation of the IP TRANSLATOR judgment published by the European Court of Justice in June 2012. To avoid office actions, a delay in examination, and the related costs, applicants should further specify the goods and services they claim protection for at the time of filing.