The manner in which a specification of goods and services is filed has a significant effect on the goods or services that will be covered.
We provide an example below:
Goods specified as: Racquets, bats, balls, for tennis
What this may cover:
- Tennis racquets
- Bats for tennis
- Balls for tennis
Goods specified as: Racquets; bats; balls, for tennis
What this may cover:
- Racquets (for any sport)
- Bats (for any sport)
- Balls for tennis
There are a number of ways to specify the goods or services for your Australian trademark application.
- Australia adheres to the specification of goods and services under the NICE classification an international system for determining acceptable goods and services (of which there are 45 classes). A specification may be prepared solely under this classification.
- The specification of goods or service may be prepared in accordance with local practice (stipulated under Australian trade marks regulations).
- A “manual” specification may be drafted. Where specific goods or services cannot be encompassed in the abovementioned ways a manual specification will need to be drafted..
The following detail from the NICE classification provides direction for preparation of specific goods:
If a product cannot be classified with the list of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:
A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.
A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, apply.
Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.
Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose.
When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.
Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.
If a service cannot be classified with the list of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:
Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in an Alphabetical List.
Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Class 38). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in Class 36 as a financial service.
Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.
Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (Class 35), financing services relating to franchising (Class 36), legal services relating to franchising (Class 45)).