WIPO has published an information notice on the correct use in international trade mark applications of class headings of the International (Nice) Classification of Goods and Services for the purposes of the Registration of Marks. The notice states that Rule 9 of the Common Regulations under the Madrid Agreement concerning the International Registration of Marks and the Protocol relating to that Agreement does not allow for international applications to include indications that the use of class headings of the Nice Classification is intended to cover all goods and services in the alphabetical lists of the classes concerned. Accordingly, WIPO will disregard such indications. The notice was prompted by the practice of some applicants to adopt such indications following the ECJ's decision in CIPA v Registrar of Trade Marks (see Legal Update, ECJ rules on use of Nice Classification class headings in trade mark applications). The notice suggests that applicants wishing to cover all goods and services in the alphabetical list of a particular class consider indicating all the terms contained in the alphabetical list of the class. For more information on the Madrid Protocol, see Practice note, Trade marks: Registration and portfolio management: Madrid Protocol (US subscribers, see Practice Note, International Trademark Protection).

Source: WIPO, Information notice 23/2012, 23 November 2012.