Amending the Trade Marks Act 1995 to make more efficient provision for specifying classes of goods and services

Issue summary

Subsection 19(3) of the Trade Marks Act 1995 allows the regulations to provide for the classes into which goods and services are to be divided for the purposes of the Act. Reg 3.1 and Schedule 1 to the Regulations specify the classes of goods and services, taking these from the class headings of the Nice Classification ('class headings').

However, each time the class headings are amended, the Regulations must also be amended. WIPO now intends to update the Nice Classification annually rather than on the previous five-year basis.

Amendment to the Trade Marks Act to allow the Registrar of Trade Marks to specify the classes of goods and services by means of an instrument published online would avoid the need to amend the regulations annually.

Comments