Trade mark applications can be filed in one or more predetermined class of goods and services. To obtain protection in more than one class, an application needs to be filed in each relevant class. Since service mark registrations were introduced in New Zealand in the 1980s, there have been 42 classes of goods and services: 34 goods classes and 8 service classes.
On 7 January 2002, the Trade Mark Amendment Regulations 2001, incorporating an international change to the classification system, increased the number of classes from 42 to 45, by the introduction of 3 new service classes. With the amendments to the Trade Mark Regulations, the existing Class 42, (traditionally the "catch-all" class used for services that could not be classified in other classes), has now been split into four separate and distinct classes.
Class 42 now includes only scientific and technological services, design services, industrial analysis and research services, development and design of computer hardware and software, and legal services.
The new Class 43 includes services associated with the provision of food and drink and temporary accommodation services.
The new Class 44 includes medical services, veterinary services, hygienic and beauty care (for humans and animals) and services associated with agriculture, horticulture, and forestry.
Class 45 includes personal and social services and security services for the protection of property and individuals.
The new classification system will not affect applications or registrations for trade marks that were filed or registered prior to 7 January 2002. However, any new applications that are filed after this date will be subject to the new system of classification.
This is a general summary only and should not be taken as a substitute for specific advice.
ContactsEarl Gray, Partner: earl.gray@simpsongrierson.com
Alan Potter , Partner: alan.potter@simpsongrierson.com
Patrick Casey, Solicitor: patrick.casey@simpsongrierson.com
x-tech group Simpson Grierson Web site:
x-tech group Simpson Grierson