Reviewed 5 August 2011

Ending the reclassification of specifications

Over the years the Nice Classification (Nice) has seen a number of substantial changes to its structure which have resulted in goods and services being transferred to a different class. Most recently this has been the "split of Class 42" and creation of three new Classes for services (43 45) in January 2002, and the transfer of "Legal Service" from Class 42 to Class 45 in January 2007. Details of these changes can be found at the end of this note.

Although such changes do not affect the scope of protection afforded to a trade mark registration, the Registrar offered proprietors with UK domestic registrations in Class 42 the opportunity to reclassify the services affected by the restructuring of Nice. In some cases this required a new class (or classes) to be added to the registration.

Reclassification meant that those doing anticipation searches did not need not look in the "old" class before the date on which the change occurred and the new class after. Additionally, reclassifying to the new class gave the registration some added "visibility" in respect of the services covered. However, as Community Trade Marks and International Registrations (designating the UK) are not being reclassified the benefits of reclassifying the UK domestic registrations are questionable.

Therefore, with effect from 31 October 2011 the Registrar is to cease reclassifying trade mark registrations. Up to (and including) this date, any owner of a trade mark registration who wishes to have their registration considered for reclassification may do by e-mailing TM Reclassification External Link or by writing to:

Darrel Hendy
Classification manager
Intellectual Property Office
Room 2R44
Concept House
Cardiff Road
Newport
Gwent
NP10 8QQ

Please provide details of the trade marks (number(s) and mark) for which reclassification is requested.

Please note: If the reclassification proceeds and classes are added, this will incur additional fees when the registration is renewed.

Class 42 heading to 31 December 2001

Providing food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services*; scientific and industrial research; computer programming; services that cannot be classified in other classes

Class headings effective 1 January 2002

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.

*On 1 January 2007 "Legal services" transferred to Class 45.