Where does the classification of brands come from?
We have already often talked about the Nice Classification on this blog. Indeed, after the choice of the name, it is the part not to be neglected when registering a trademark. A trademark is protected only for the goods and/or services that are listed in its wording. And to establish its wording correctly, it is necessary to understand the basics of the Nice Classification. It is regularly updated, in particular to take into account the emergence of new technologies. It now has 45 classes. But it has not always been this way. Today, we are going to go back to the origins of trademark classification.
An old and necessary system
As with any archiving system, a method of storage is required. The INPI adopted a classification by industrial field very early on. Without this, searches for anteriority would have been very difficult to conduct.
The 1era classification, which dates back to 19th In the 19th century, there were 74 different classes, organized in alphabetical order.. Nearly 20 classes were devoted to the textile field, which was a rapidly developing field at the time. There was also a catch-all class: "miscellaneous products". This classification was revised in 1920 due to the emergence of new industrial fields. At that time, there were 80 classes of goods and services.
Similarly, in the 1era trademark law in the United States (1881 Trademark Act), there is also the mention of classes.
Classification also plays an important role regarding the cost of the deposit. Some countries, such as the United States or China, charge a fixed amount per class, starting at 1era. Others, such as France or Switzerland, offer a flat rate for up to 3 classes and charge for additional classes. Thus, the more classes you target, the more expensive it is to register a trademark.. That is why it is so important to write it properly.
The Nice International Classification: set up in 1957
With the international development of trade, States quickly saw the need to unify their industrial property laws. In 1891, the Madrid Agreement was adopted. It established the international trademark system. The logical next step was the adoption of a single classification system. In 1935, the United International Bureaux for the Protection of Industrial Property (BIRPI - future WIPO) presented an international classification of products.
After a few adaptations, this classification will be adopted by many States in 1957: the Nice Classification was born. Initially, it only covered products, but it soon included services. Today, it has a total of 45 classes (34 classes of goods, 11 classes of services). The classification is regularly updated. A committee meets every year to discuss certain changes to be made to it. At the last meeting (April 2019), the desirability of a restructuring of Class 9 was discussed, as well as a revision of the class titles.
The history of trademark classification is therefore not yet over. But the reforms are particularly difficult to carry out, as they must not impact on the filings already made. Moreover, they would affect a very large number of countries, which have divergent interests. However, the Nice Classification continues to appeal: As of June 17, 2019, Canada will in turn use it for its trademark registrations.