Enforcement
Rules of the
Trademark Law
Announced on Dec. 30, 1930 by the Ministry of Industry
Amended & Announced on Sep. 3, 1932 by the Ministry of Industry
Amended & Announced on Jan. 8, 1947 by the Ministry of Industry
Amended & Announced on March 18, 1960 by the Ministry of Economic
Affairs (MOEA)
Amended & Announced on June 13, 1973 by the MOEA Order
Amended & Announced on May 6, 1982 by the MOEA Order
Amended & Announced on Oct. 19, 1987 by the MOEA Order
Amended & Announced on Oct. 23, 1991 by the MOEA Order
Amended & Announced on July 15, 1994 by the MOEA Order
Amended & Announced on Sep.15, 1999 by the MOEA Order
Article 1 Foundation
Article 2 Standard forms required
Article 3 Compliance with procedural or formality requirements
Article 4 Certificate of Identity/Corporation
Article 5 Need to prove applicant's connection with the "trade"
Article 6 Application filed with claim for foreign priority
Article 7 Evidence of "secondary meaning"
Article 8 Representation by agent or attorney
Article 9 Service by publication
Article 10 Certificate of Registration
Article 11 Reissuance of Certificate of
Registration
Article 12 Certified copies of official records
Article 13 Time limit for claiming exhibits and
other articles
Article 13-1 Amendment to change details of
approved or registered trademark
Article 14 Certain official records not open to
the public
Article 15 Tests of "similar trademark",
"similar goods/services" and "goods/services of related
nature
Article 16 Relations between principal trademark
and associated trademark or defensive trademark
Article 17 Amendment to change trademark to
different category
Article 17-1 Amendment to change principal
trademark
Article 18 (Deleted)
Article 19 General requisites of renewal
application
Article 20 Formality requirements for license
recordation
Article 21 Termination of license
Article 22 Trademark registration: formality
requirements for assignment recordation
Article 23 Formality requirements for recordation
of trademark-related pledge
Article 24 Formality requirements for cancellation
petition
Article 25 Contents of Decision on cancellation
petition
Article 26 Effective date of lapse of exclusive
rights
Article 27 General requisites of trademark
application; filing date
Article 28 Disclaimer
Article 29 Applicability of Classification of
Goods after effective date of these Revised Rules
Article 30 Failure to reach agreement in due time
Article 31 Applicability of Article 37(7)
Article 32 Applicability of Article 37(11)
Article 33 (Deleted)
Article 34 Trademark application: formality
requirements for assignment recordation
Article 35 Contents of Notice of Allowance
Article 36 Applicability of other provisions
Article 37 Contents of Office Action
Article 38 Provisions relating to opposition
Article 39 Applicability of other provisions
Article 40 Applicability
of new and old Trademark Laws
Article 41 Definition
Article 42 Definition
Article 43 General requisites of certification
mark application
Article 44 Definition of "certification mark
use"
Article 45 General requisites of collective mark
application
Article 46 Definition of "collective mark
use"
Article 47 Inadequate use of certification mark
and collective mark
Article 48 Term of trademark registrations granted
under old Trademark Law
Article 49 Classification of Goods and Services
Article 50 Uniformity of provisions
Article
51 Effective date
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APPENDIX:Classification of Goods and Services
Article
1
These Enforcement
Rules are enacted pursuant to the provisions of Article 78 of the
Trademark Law (hereinafter referred to as "the Law").
Article
2
Various applications filed under the Law or these Enforcement Rules shall be submitted in the forms printed by the Government Office in charge of trademark matters together with all necessary supporting documents to the Government Office in charge of trademark matters.
Applications or other articles submitted shall be indicated thereon with the name of the trademark, the class and the name of goods designated for use of the trademark, the name, title, address, domicile, or place of business or office address of the applicant. If the trademark has already been registered or application for registration of the trademark has already been approved, the registration number or approval number thereof shall also be indicated thereon.
Article
3
Where various
applications for trademark are in violation of procedures or formalities
specified in relevant laws and regulations and such violation can be
corrected, the Government Office in charge of trademark matters shall
notify the applicant to take corrective action within a given time limit.
lll If the
applicant completes the corrective action within the time limit given
under the preceding Paragraph, the date on which the original application
was filed shall still be considered the filing date of the application.
Article
4
In respect of
application for trademark registration, the Government Office in charge of
trademark matters, if it deems necessary, may notify the applicant to
submit his certificate of nationality or certificate of juristic person.
The certificates
as set forth in the preceding paragraph or other documents written in
foreign languages shall be accompanied with Chinese translation thereof.
Article
5
The business as
set forth in Article 2 of the Law may be determined pursuant to the
following items :
1. The business items contained in company registration;
2.
The business items contained in business registration;
3.
The business items contained in registration of profit-seeking
enterprises;
4.
A concrete business plan;
5.
Resolutions made at shareholders meeting;
6.
Other relevant evidence.
If registration of
profit-seeking enterprises is not required by law or facts, relevant
documents submitted may be used as reference for determination.
Article
6
If the priority
claim is granted, the date of the initial application for registration of
the trademark in the foreign country shall be the date of application for
trademark registration in the Republic of China. The result of examination
of application in the foreign country shall have no impact on the granted
priority.
Article
7
The applicant of
trademark registration, who claims the application of Paragraph Two,
Article 5 of the Law shall submit relevant evidence to prove it.
Article
8
As appointed
trademark agent shall submit a power of attorney specifying powers
delegated to the agent.
In case of death
or loss of disposing capacity of a trademark agent appointed under
Paragraph Two, Article 9 of the Law and failure of the principal to
appoint another trademark agent, the Government Office in charge of
trademark matters may notify the applicant to appoint another trademark
agent within a given time limit. In case of failure to effect so within
the given time limit, service of the documents thereof shall be effected
in accordance with the provisions of Article 15 of the Law. When the
applicant is notified to effect a change of trademark agent under
Paragraph Three, Article 9 of the Law, such notification shall also be
served on the original agent. All necessary acts as set forth in Article
10 of the Law include the power of receiving on behalf of the principal
any document and notification from the Government Office in charge of
trademark matters.
Article
9
The phrase that
the service of the documents cannot be effected as set forth in Article 15
of the Law, means that the service of documents to the address of the
residence or domicile, office or business place of the recipient recorded
with the Government Office in charge of trademark matters, cannot be
effected.
Article
10
A trademark
registration certificate shall have a facsimile of the trademark affixed
thereto, and shall be stamped with the official seal of and issued by the
Government Office in charge of trademark matters.
Article
11
If a trademark
registration certificate is lost or damaged, the owner of the right of
exclusive use of the mark may submit a statement of facts supported by
documentary evidence, and apply for issuance of a replacement certificate.
When a replacement certificate is issued pursuant to the provisions of the
preceding Paragraph, the original registration certificate shall be
nullified through a public notice.
Article
12
Any document
copied by or any design imitated and given by the Government Office in
charge of trademark matters shall bear a statement to the effect that it
is a true and identical copy of the original.
Article
13
If the person
submitting documentary evidence and articles relating to trademarks makes
a statement in advance that he will repossess the same, such repossession
shall be effected within thirty days after the particular case has been
finally concluded.
Article
13-1
When applying for
recordation of the change of the particulars of an approved trademark, a
registered trademark or other matters, except for the circumstances as set
forth in Articles 17 and 17bis, the applicant shall submit the following
documents:
1. Application form;
2. Documents which certify the change; and
3. Trademark registration certificate if any changes need to be
indicated on the trademark registration certificate.
Article
14
What particulars
should be kept confidential as set forth in Article 20 of the Law shall be
determined by the Government Office in charge of trademark matters based
on the following matters:
1.
Being business secret or personal privacy.
2.
Internal comments and/or instructions of the Government Office in
charge of trademark matters.
Article
15
Judgment of
similarity between trademarks shall be based on whether a buyer with
common knowledge and experience, who exercises a normal level of attention
when shopping, is likely to be confused by or misidentify the trademarks.
Judgment of
similar goods shall be based on the relevant factors such as general
concepts in the society, trading situations in the market, and the raw
materials, usages, functions, manufacturers, marketing channels and
locations, or purchasers of the goods.
Judgment of
similar services shall be based on the relevant factors such as general
concepts in the society, trading situations in the market, and the nature,
contents, providers, marketing channels and places or target consumers of
the services.
Judgment of goods
or services of related nature shall be based on whether there is a
necessity in the industrial and commercial operations to apply for
registration of a defensive trademark or a defensive service mark.
Article
16
In applying for
registration of an associated trademark or a defensive trademark in
accordance with Article 22 of the Law, the applicant shall submit a
photocopy of notice of approval or registration certificate of the
principal mark, if the principal trademark has already been approved or
registered.
The registration
certificate of an associated or a defensive trademark shall be marked with
the registration number of the principal mark.
The person who
files an application for registration of a defensive trademark and claims
such mark being a famous trademark shall have the burden of proof.
If a principal
trademark is cancelled or invalidated, all of its associated and defensive
trademarks shall be cancelled simultaneously. Where approved associated
trademark or approved defensive trademarks are not assigned together with
their principal trademark, such approvals shall be revoked.
Article
17
The change of the
type of a trademark as set forth in Paragraph Four, Article 22of the Law
shall mean the following situation:
1.
Change of principal trademark to associated or defensive trademark.
2.
Change of associated or defensive trademark to principal trademark.
3.
Change of associated trademark to defensive trademark.
4.
Change of defensive trademark to associated trademark.
Application for
change of the type of a trademark shall be made by submission of an
application form with an indication of relevant numbers and the notice of
approval or registration certificate if the trademark has been approved or
registered.
In respect of
change of the type of a trademark, the scope of the right of exclusive use
and the term thereof shall remain the same as originally registered. In
case the term of exclusive use of an associated or a defensive mark after
change exceeds that of the principal mark, the associated or defensive
mark shall take the term of the principal mark as its own term.
Article
17-1
Application for
change of the principal trademark of an associated trademark or a
defensive trademark shall be made by submission of an application form
with an indication of relevant serial numbers, and the notice of approval
or the trademark registration certificate if the principal trademark has
been approved or registered.
For the associated
trademark or defensive trademark which seeks for change of its principal
trademark as set forth in the preceding paragraph, the scope and the term
of the right to exclusive use of such associated or defensive trademark
shall remain the same as those originally registered. If after the change,
such term exceeds the term of the right to exclusive use of the principal
trademark, it shall be shortened to expire on the same date as the
principal mark.
Article
18
(Deleted)
Article
19
In applying for
renewal of the term of the right to exclusive use of a trademark, the
applicant shall submit the following documents:
1. Application form;
2.
Trademark registration certificate;
3.
Ten facsimiles of the trademark design;
4.
For an application which is filed prior to the expiration of the
term of the right to exclusive use of the trademark, a declaration stating
the use of the trademark within three years prior to the filing of the
application; for an application which is filed after the expiration of the
term of the right to exclusive use of the trademark, a declaration stating
the use of the trademark within three years prior to the expiration of the
term of the right to exclusive use of the trademark; if the mark is not
used for any good cause, such cause shall also be indicated thereon; and
5.
Other necessary documents.
The provisions of
Item (4) of the preceding paragraph shall not apply to a defensive mark.
Upon approval of a
renewal registration application, the Government Office in charge of
trademark matters shall make a note of the particulars of the renewal on
the trademark registration certificate and return the certificate to the
applicant.
Article
20
In applying for
recordation of licensing another person to use a trademark, the applicant
shall submit the following documents:
1.
Application form; and
2.
A photocopy of the trademark license agreement.
The applicant
shall submit the following documents for applying for recordation of
sublicensing another person to use a trademark:
1. Application form;
2. A photocopy of the trademark sublicense agreement; and
3.
Documents proving that the owner of the right to exclusive use of a
trademark agrees to the sublicense.
The applicant may
submit the trademark registration certificate to have the particulars of
the license or sublicense indicated on such certificate.
The goods on which
the trademark concerned is licensed to be used and the term of license
shall be limited to the scope of the right to exclusive use of such
trademark. If the term of license as agreed exceeds the term of the right
to exclusive use of the trademark, the expiration date of the term of the
right to exclusive use of the trademark shall be the expiration date of
the term of such license. If the term of the right to exclusive use of the
trademark is renewed, an additional application for recordation of the
license shall be filed.
The goods on which
the trademark concerned is sublicensed to be used and the term of
sublicense shall not exceed both the scope of the goods on which the
trademark is originally licensed to be used and the term of the license.
Article
21
During the term of
a trademark license, an application for termination of recordal of such
license may be filed together with relevant evidence under any one of the
following circumstances:
1.
Both parties agree to termination. The same provision shall also
apply in the case of sub-license.
2.
One party intends to terminate and the other party raises no
objection.
3. Where the agreement clearly provides that either party may
unilaterally terminate the agreement with no reason to be given,
expression of termination is so made.
4.
The license is terminated by a court judgement or a settlement or a
conciliation.
5. The license is terminated by a commercial arbitration award.
Article
22
In applying for
recordation of assignment of the right of exclusive use of a trademark,
the applicant shall submit the following documents:
1. Application form.
2.
An identity certificate of the assignee and relevant business
documentation.
3.
A photocopy of assignment agreement or other evidential document of
the assignment.
4.
Registration certificate.
Upon recordation
of the assignment as set forth in the preceding Paragraph, the Government
Office in charge of trademark matters shall make a note about the
particulars of the assignment on the trademark registration certificate
and return the same to the applicant.
Article
23
In applying for
recordation of creating a pledge on the right to exclusive use of a
trademark, the applicant shall submit the following documents:
1.
Application form;
2.
An Identification Certificate from the pledgee;
3.
A photocopy of the pledge agreement which shall state the name and
registration number of the trademark, the amount of liability and the term
of the pledge; and
4. Trademark registration certificate.
Upon recordation
of creating a pledge as set forth in the preceding Paragraph, the
Government Office in charge of trademark matters shall make a note of the
particulars of the pledge on the trademark registration certificate and
return the same to the applicant.
The term of the
pledge shall be limited to the term of the right to exclusive use of the
trademark. If the term of the pledge as agreed exceeds the term of the
right to exclusive use of the trademark, the expiration date of the term
of the right to exclusive use of the trademark shall be the expiration
date of the term of the pledge. In case the term of the right to exclusive
use of the trademark is renewed, an additional application for recordation
of the pledge shall be filed.
In applying for
recordation of extinguishment of a pledge, the applicant shall submit the
trademark registration certificate and liability discharge certificate or
any document proving that both parties agree to cancel the recordation of
the pledge.
Article
24
In applying for
cancellation of the right of exclusive use of a trademark of another
person, the applicant shall submit the following documents:
1.
Application form (with a duplicate).
2.
An identity certificate of the applicant.
3.
Two sets of relevant evidence.
The application
form as set forth in Item 1 of the preceding Paragraph shall state the
reasons and facts of constituting cancellation of the right of exclusive
use of a trademark. The Government Office in charge of trademark matters,
when sending out a notice requesting for defense, shall provide the
duplicate of the application form and relevant evidence to the owner of
the right of exclusive use of the trademark or his trademark agent.
Article
25
The decision of
cancelling the right of exclusive use of a trademark shall contain the
following information:
1. Registration number and name of the trademark and goods designated
for use of the trademark.
2.
Name or title and address of the applicant, and the name of
representative if the applicant is a juristic person.
3. Name or title and address of the owner of the right of exclusive
use of the trademark, and the name of representative if the owner is a
juristic person.
4. Name and address of appointed trademark agent, if any.
5.
Subject and reasons.
6. Date of decision.
Article
26
In the case of
natural extinguishment of the right to exclusive use of a trademark
pursuant to the provisions of Article 34 of the Law, the date of
extinguishment shall be as follows:
1.
The date following the expiration date of the term of the right to
exclusive use of a trademark if the application for renewal of such term
is not made pursuant to Article 25 of the Law; and
2. The time of death, in case of the death of the owner, without an
heir, of the right to exclusive use of a trademark.
In determining
whether the right to exclusive use of a trademark shall be naturally
extinguished, provisions in force at the time when the events which may
cause such extinguishment to occur shall apply.
Article
27
In applying for
registration of a trademark under the Law, the applicant shall submit the
following documents:
1.
Application form specifying in accordance with Article 49 hereof
class and name(s) of goods.
2. Fifteen facsimiles of the trademark design and, in case of colored
facsimile, three additional black and white facsimiles thereof, all made
on strong, durable and clean paper and not larger than 5 centimeters in
length and width.
3.
The relevant document(s) proving the business of the applicant.
The provisions of
Item (3) of the preceding Paragraph shall not apply to a defensive mark.
The date of an
application for trademark registration shall be the date on which the
application accompanied by the trademark design and specifying the class
and name(s) of goods is duly served to the Government Office in charge of
trademark matters or the date as stamped on the mail by post office if the
application is delivered by mail.
If, before
examination of the trademark application is concluded, an application for
amendment of the names of goods designated for use of the trademark or the
trademark design is filed, the date of the application for such amendment
shall be considered the filing date of the application for registration of
the trademark, provided, however, an application for reduction of items of
designated goods shall not affect the date of the application.
Article
28
In case a
trademark design contains words or drawings which are descriptive or
non-distinctive but deletion of such portion will make the design become
incomplete and the applicant claims that said portion is not for exclusive
use, such a trademark design may be applied for registration.
Examination of
whether a trademark design mentioned in the preceding Paragraph is
identical with or similar to a trademark design of another person shall
still be based on the overall contents of said design.
Article
29
For trademarks
already approved or registered prior to the amendment of these Enforcement
Rules, the classes of goods to which such trademarks are designated for
use shall be limited to those approved or registered.
For trademarks
already filed but pending for approval prior to amendment of these
Enforcement Rules, examination and approval shall be made in accordance
with the classification of goods when filing the application.
Article
30
When an agreement
by and between/among applicants concerned is required under the provisions
of Article 36 of the Law, the Government Office in charge of trademark
matters shall notify the applicants to reach an agreement within a
specified reasonable time. In case no agreement is reached within the time
limit, the Government Office in charge of trademark matters shall notify
the applicants to take part in a lot-drawing at the designated date and
place to have the matter resolved.
Article
31
The term
"famous mark" as set forth in Article 37(7) of the Law refers to
a mark which is commonly recognized by the industries concerned or
consumers based on the available concrete evidence. The term
"licensor" referred to in the proviso of Article 37(7) of the
Law means the party who has the consent of the owner of a mark to license
another party to apply for registration of mark.
Article
32
With regard to
Item (11), Paragraph One, Article 37 of the Law, the expression "the
name of another juristic person, organization, or nationally famous
firm" shall refer to the specific part thereof and the expression
"the goods covered by the scope of business of such firm or juristic
person" shall mean the business items registered by the firm or
juristic person, or the items handled in actual business operation by the
firm or juristic person, if no specific goods are designated in the
registered business scope.
When a previously
registered juristic person takes a specific part of its name as its
trademark design and applies for registration thereof, and if said design
is identical with the specific part of the name of a subsequently
registered juristic person, and the goods designated by the previously
registered juristic person for use of its trademark and the goods
transacted by the subsequently registered juristic person are the same or
similar, consent from the subsequently registered juristic person shall
still be solicited.
The word
"nationally" as set forth in Item (11), Paragraph One, Article
37 of the Law shall refer to the territory currently under the
jurisdiction of ROC laws.
Article
33
(Deleted)
Article
34
For assignment of
the right of application under Article 38 of the Law, the applicant shall
submit the following documents:
1.
Application form
2.
An identity certificate of the assignee and relevant business
documentation.
3.
A photocopy of assignment agreement or other evidential document of
the assignment.
Article
35
A decision of
approval as set forth in Article 41 of the Law shall contain the following
information:
1.
Name/title and address of the applicant.
2.
Name and address of the appointed trademark agent, if any.
3.
Name of the trademark.
4.
Application number and the number of the principal trademark, if
any.
5.
Subject and explanation of the decision.
6.
Approval date.
Article
36
Provisions in
Article 24 hereof shall apply mutatis mutandis to application for
revocation of approval under Article 42 of the Law and provisions of
Article 25 hereof shall apply mutatis mutandis to a decision of revocation
of approval to be made by the Government Office in charge of trademark
matters.
Article
37
A decision of
rejection as set forth in Article 43 of the Law shall contain the
following information:
1.
Name/title and address of the applicant.
2.
Name and address of the appointed trademark agent, if any.
3.
Name and design of the trademark and class of goods designated for
use of the trademark.
4.
Application number.
5.
Subject and explanation of rejection.
6.
Rejection number and date.
Article
38
A person when
filing written opposition under Article 46 of the Law shall submit the
following documents:
1.
Opposition form (with a duplicate).
2.
Identity certificate of the opposer.
3.
Two sets of relevant evidence.
The opposition
form as set forth in Item (1) of the preceding Paragraph shall state facts
and reasons of opposition.
The Government
Office in charge of trademark matters, when sending out a notice
requesting for defense, shall provide the duplicate of opposition form and
relevant evidence to the applicant of trademark registration and his
trademark agent.
In case the facts
and reasons in respect of the opposition is not clear or incomplete, the
Government Office in charge of trademark matters shall notify the opposer
to supplement and/or correct within a given time limit. During the period
of publication of the approved trademark, the opposer may change or make
additions to the facts or reasons.
In case of any
change, addition, or correction as set forth in the preceding Paragraph,
the Government Office in charge of trademark matters shall notify the
applicant of trademark registration and its trademark agent to present a
defense.
Article
39
The
provisions of the preceding Article hereof shall apply to application for
review under Article 52 of the Law.
The provisions of Article 25 hereof shall apply mutatis mutandis to an opposition decision and a review decision.
Article
40
In handling cases
of trademark opposition, review, and cancellation proceedings, following
principles shall govern in respect of applicability of provisions of the
Law before and after amendment:
1.
Provisions in force at the time of decision making shall apply to
trademark opposition proceedings.
2.
Provisions in force at the time of trademark registration shall
apply to trademark review proceedings, provided, however, that provisions
in force at the time of examination and decision making shall apply to
such filing procedures of requesting a review.
3.
Provisions in force at the time of examination and decision making
shall apply to trademark cancellation proceedings.
Article
41
Application for
review of the scope of the right of exclusive use of the mark as set forth
in Article 54 of the Law shall refer to the situation that the trademark
design or the registered scope of the right of exclusive use of the
trademark on designated goods is not clear and needs to be determined.
Article
42
"If deem
necessary" as set forth in Paragraph One, Article 56 of the Law shall
refer to the case that the reviewers can not make a decision of the review
just based on the papers submitted and deem it necessary to let parties
concerned make an oral debate so that a decision can be made.
Article
43
In applying for
registration of a certification mark, the applicant shall submit an
application form providing the following information:
1.
The goods or service to be certified.
2.
Contents of certification by the mark.
3.
Conditions for labeling the certification mark.
4.
Applicant's qualification or capability to certify.
5.
Manners controlling the use of the certification mark.
6.
Declaration made by the applicant that he does not engage in
manufacture and marketing of goods or providing of services to be
certified.
Where the
certification mark has already been put into use at the time of
application for registration, evidence of use shall be submitted,
otherwise a plan of use shall be required.
Article
44
Use of a
certification mark shall refer to, with the intention to certify the
feature, quality, precision degree, or other matters of goods or services,
indication of such mark on the articles relating to the goods or services
as certification.
Article
45
In applying for
registration of a collective mark, the applicant shall submit an
application form providing the following information:
1.
Organization and qualification of members of the applicant.
2.
Manner controlling the use of the collective mark.
Where a collective
mark has already been put into use at the time of application for
registration, evidence of use shall be submitted, otherwise a plan of use
shall be submitted.
Article
46
Use of a
collective mark shall refer to, in order to distinguish an organization or
membership thereof, indication of such mark by the organization or its
members on relating articles or documents.
Article
47
"Inappropriate
use" as set forth in Article 76 of the Law shall mean the following
situations:
1.
A certification mark is used as a trademark or service mark or used
on the goods or services of its own by the owner of the right of exclusive
use of the mark.
2.
The owner of the right of exclusive use of a certification mark
discriminates against applicants for certification or allows use of a
certification mark without verification or knowing that the user is not
qualified to use it except otherwise provided in law.
3.
The use of a collective mark leads to misidentification of the
nature of an organization by the public.
4.
Any assignment, license, or pledge is made in violation of Article
75 of the Law.
5.
Violation of the method of control of use of a mark.
6.
To use a mark with an intent to delude.
7.
Other use by inappropriate methods.
Article
48
Where the right of
exclusive use of a trademark was obtained prior to amendment of the Law,
the term of exclusive use of the trademark shall remain the same as that
originally approved.
Article
49
In application for
registration of a trademark or a service mark, the classes of the goods or
services shall be designated and the names of the same shall be specified
according to the Table of Classification of Goods and Services.
Article
50
Provisions set
forth herein in respect of trademarks shall apply mutatis mutandis to
service marks, certification marks and collective marks as the case may
be.
Article
51
These Enforcement
Rules shall come into force from the date of promulgation.
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Table of Classification of Goods and Services
GOODS
Class
1
Chemicals used in
industry, science, photography, agriculture, horticulture and forestry;
unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical
substances for preserving foodstuffs; tanning substances; adhesive
substances used in industry.
Class
2
Paints
(dyestuffs), varnishes, lacquers; preservatives against rust and against
deterioration of wood; coloring matters; mordants; unprocessed 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 (dirt removing) and abrasive preparations; soaps; perfumery
(flavoring and aromatic materials); essential oils; cosmetics; hair
lotions; dentifrices.
Class
4
Industrial oils
and greases; lubricants; articles for dirt absorbing, wetting and
cohering; fuels (including motor spirit) and oils for lighting, candles,
wicks.
Class
5
Pharmaceutical,
veterinary and sanitary substances; dietetic substances for medical use,
infant's foods; medicated plasters, material for bandaging; material for
stopping teeth, dental wax; disinfectants; preparations for killing weeds
and destroying vermin.
Class
6
Common metals and
their alloys; metallic building materials; transportable metallic
buildings; metallic materials for railway tracks; cables and wires
(non-electric); iron articles, small hardware; metallic pipes and tubes;
safes and cash boxes; common metal products not included in other classes;
ores.
Class
7
Machines and
machine tools: motors and engines (except for land vehicles); machine
couplings and transmission parts (except for land vehicles); agricultural
implements; incubators for eggs.
Class
8
Hand tools and
instruments (hand operated); scissors and cutlery, forks and spoons; side
arms; razors.
Class
9
Scientific,
nautical, surveying, electrical apparatus and instruments, photographic,
cinematographic, optical, weighing, measuring, signalling, checking
(supervision), life-saving and teaching apparatus and instruments;
implements for recording, transmitting or reproducing (regenerating) sound
or video; magnetic data carriers, recording magnetic discs; auto-vending
machines and mechanisms for coin-operated (controlled) apparatus; cash
registers, calculating machines and data processing equipment; fire
extinguishing apparatus.
Class
10
Surgical, medical,
dental and veterinary instruments and apparatus, artificial limbs, eyes
and teeth; orthopedic articles; suture materials.
Class
11
Installations for
lighting, heating, steam generating, cooking, refrigerating, drying,
ventilating, water supply, and sanitary purposes.
Class
12
Vehicles (means of
transportation); apparatus for locomotion by land, air or water.
Class
13
Firearms;
ammunition and projectiles; explosive substances; fireworks.
Class
14
Precious metals
and their alloys and goods in previous metals or coated therewith not
included in other classes; jewellery, precious stones; horological and
other chronometric instruments.
Class
15
Musical
instruments.
Class
16
Paper, cardboard
and products thereof not included in other classes; printed matter;
book-binding material, photographs; stationery; adhesive materials
(stationery or family use); artists' materials; paint brushes; typewriters
and office requisites (other than furniture); instructional and teaching
materials (other than apparatus); plastic articles for packing (not
included in other classes); playing cards; printers' type and cliches
(stereotype).
Class
17
Rubber, gutta
percha, gum, asbestos, mica and articles made from these substances and
not included in other classes; plastic in extruded form for use in
manufacture; materials for packing, stopping and insulating; hose pipes
(non-metallic).
Class
18
Leather and
imitations of leather, and articles made from these materials and not
included in other classes; hides; trunks and travelling cases; umbrellas,
parasols and walking sticks; whips, harness and saddlery.
Class
19
Building materials
(non-metallic), non-metallic rigid pipes for construction use; asphalt,
pitch and bitumen; transportable non-metallic buildings; non-metallic
monuments.
Class
20
Furniture,
mirrors, picture frames; articles (not included in other classes) of wood,
cork, reeds, 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 (other than paint brushes),
brush-making materials; instruments and material for cleaning purposes;
steelwool; unprocessed or semi-processed glass (other than glass for
construction use); glassware, porcelain and earthenware, not included in
other classes.
Class
22
Ropes, string,
nets, tents, awnings, tarpaulins, sails, sacks not included in other
classes; padding and stuffing materials (other than rubber or plastic);
raw fibrous textile materials.
Class
23
Yarns and threads
for textile use.
Class
24
Cloth and textile
articles not included in other classes; bed and table covers.
Class
25
Clothing, boots,
shoes and hats.
Class
26
Lace and
embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
artificial flowers.
Class
27
Carpets, rugs,
mats and matting, linoleums and other materials for covering floor; wall
hangings (non-textile).
Class
28
Games and
playthings; athletic and sporting articles not included in other classes;
ornaments and decorations of Christmas trees.
Class
29
Meat, fish,
poultry and game; meat extracts; preserved, dried and cooked fruits and
vegetables; jellies, jams; eggs, milk and other dairy products; edible
oils and fats.
Class
30
Coffee, tea,
cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and
preparations made from cereals, bread, biscuits, cakes, pastry and
confectionary, 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; living animals; fresh fruits and vegetables; seeds, live plants
and flowers; foodstuffs for animals, malt.
Class
32
Beer, ale and
porter; mineral water and aerated water and other non-alcoholic drinks;
fruit drinks and fruit juice; syrup and other preparations for making
beverages.
Class
33
Alcoholic beverage
(other than beers).
Class
34
Tobacco; smokers' articles; matches.
SERVICES
Class
35
Advertising;
business management, business operations and office routine affairs.
Class
36
Insurance;
financial; monetary; real estate affairs.
Class
37
Building
construction; repair; installation services.
Class
38
Communications.
Class
39
Transport; goods
packing, binding and storage; travel arrangement.
Class
40
Material
treatment.
Class
41
Education;
training; entertainment; sporting and cultural activities.
Class
42
Providing of dining, lodging; services in medical treatment, sanitary and beauty care; veterinary and agronomic services; legal services; scientific and industrial research; computer programming and services not included in other classes.
