Australia: Trade mark update: 11th Edition of the Nice Classification came into force on 1 January 2018

Last Updated: 23 January 2018
Article by Frances Drummond and Rebecca Brenikov

As many of you will know, the Nice Classification is the international system used to classify goods and services for trade mark purposes. The World Intellectual Property Office regularly updates and amends the Nice Classification in order to ensure that the lists remain current and include new products and services that come to market.

On 1 January 2018, the latest edition of the Nice Classification (the 11th Edition) came into force. There are a number of changes, including amendments to class headings. Significantly, however, no goods or services have changed classes in this edition. For the most part, changes include clarification of current wording and the addition of new goods and services.

Provided below is a brief snapshot of the modifications to the Nice Classification. The table details all changes to the class headings and selected examples of the amendments and additions to the classes. You will be relieved to know that 'selfie lenses' are now expressly listed in class 9.

Class Changes to class heading Examples of changes to goods/services in the class Examples of new items now expressly included in the class
Class 1 Chemicals used for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing and fire prevention compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; substances for tanning substances animal skins and hides; adhesives used for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
  • gypsum for use as a fertilizer
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; mordants; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
Class 3 Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; Bleaching bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices.
  • laundry wax
  • chemical cleaning preparations for household purposes·
  • cosmetics for children
  • breath freshening preparations for personal hygiene
Class 4 Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels ( including motor spirit) and illuminants; candles and wicks for lighting.
Class 5 No change
  • belts for sanitary napkins [towels]
  • menstruation bandages, sanitary pads
  • acai powder dietary supplements
  • vitamin supplement patches
Class 6 No change
Class 7 Machines and, machine tools, power-operated tools; motors and engines (, except for land vehicles); machine coupling and transmission components (, except for land vehicles); agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
  • garbage [waste] disposals disposal units
  • sidewalks [moving pavements]sidewalks
  • 3D printing pens
  • vegetable spiralizers, electric
Class 8 Hand tools and implements (, hand-operated); cutlery; side arms, except firearms; razors.
  • fruit segmenters
  • hair braiders, electric
Class 9 No change optical goods eyewear reflecting discs reflective articles for wear, for the prevention of traffic accidents
  • teaching robots
  • computer software platforms, recorded or downloadable
  • security surveillance robots
  • selfie lenses
Class 10 No change apparatus for DNA and RNA exams testing for medical purposes
  • surgical robots
  • air beds for medical purposes
  • hydrogen inhalers
Class 11 No change
  • lamps for directional signals of automobiles
  • head torche
  • ice-cream making machines
Class 12 No change
  • direction signals signal arms for vehicles
  • wagons mine cars
  • robotic cars
  • rubbish trucks
Class 13 No change
Class 14 No change
Class 15 No change
  • robotic drums
Class 16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists' and drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks.
  • paper ribbons, other than haberdashery or hair decorations
  • Xuan paper papers for Chinese painting and calligraphy
  • bibs, sleeved, of paper
  • name badge holders [office requisites]
Class 17 No change
Class 18 No change
  • motorized suitcases
  • hiking sticks
Class 19 No change
Class 20 No change
  • camping mattresses
  • air beds, not for medical purposes
Class 21 Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.
  • inflatable bath tubs for babies
  • cake decorating tips and tubes
Class 22 No change
  • mesh bags for washing hosiery laundry
  • dust sheets
Class 23 No change
Class 24 No change
Class 25 No change
Class 26 No change
  • cords for rimming, for clothing trimming
  • hair curlers, electric and non-electric, other than hand implements
  • ribbons for the hair
  • ribbons and bows, not of paper, for gift wrapping
  • artificial Christmas wreaths
  • hatbands
Class 27 No change
Class 28 No change
  • toy imitation cosmetics
  • swimming pool air floats
  • portable games and toys incorporating telecommunication functions
Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats for food.
Class 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice (frozen water).
  • cranberry sauce [condiment]
  • chewing gum for breath freshening
Class 31 No change
Class 32 No change
  • preparations for making mineral water
  • energy drinks
  • barley wine [beer]
Class 33 No change
Class 34 No change
Class 35 No change
  • promotion of goods and services through sponsorship of sports events
  • market intelligence services
  • online retail services for downloadable and pre-recorded music and movies
Class 36 No change check [cheque] verification check verification
Class 37 No change
  • vehicle lubrication [greasing]
  • vehicle greasing
Class 38 No change
Class 39 No change
Class 40 No change
Class 41 No change
  • providing films, not downloadable, via video-on-demand transmission services
  • conducting guided climbing tours
  • cultural, educational or entertainment services provided by art galleries
Class 42 No change
  • platform as a services [PaaS]
  • software development in the framework of software publishing
Class 43 No change
Class 44 No change
Class 45 No change
  • legal watching services
  • licensing [legal services] in the framework of software publishing

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Frances Drummond
Rebecca Brenikov
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