To The Point: Much Harder Than It Looks! Drafting Lists Of Goods And Services

• Published date: 07 March 2024
• Law Firm: Schoenherr Attorneys at Law
• Author: Mr Michael Woller and Gudrun Irsa-Klingspiegl

Trademark registrations protect trademarks for certain products. These are to be itemised in the "list of goods and services" or the "specification". As the specification defines the scope of protection for the trademark, it is - alongside the sign for which protection is sought - the most important part of the application.

Before drafting the list of goods and services the following should be considered:

1. The Nice Classification

The Nice Classification is a system that allows all possible products to be classified in 45 classes. Each class is defined by a class heading, which is a summary for many - but not necessarily all - goods or services attributable to this class, and an alphabetical list containing pre-approved terms. It also provides guidance on how to classify products that are not pre-approved in its General RemarksandExplanatory Notes.

2. The Harmonised Database and TMclass

Within the structure created by the...