Registration of trade mark is possible only in a class which has been included in the nice agreement. Nice Agreement is the international classification of goods and services for the purposes of the registration of marks and it was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957. Later it was revised in 1967 and again in 1977 and was amended in 1979. The countries party to the Nice Agreement constitute a special union within the framework of the Paris Union for the Protection of Industrial Property. They have adopted and apply the Nice Classification for the purposes of the registration of marks. Each of the countries party to the Nice Agreement applies the Nice Classification for the registration of trademarks either as the principal classification or as a subsidiary classification.
Use of the Nice Classification is mandatory not only for the national registration of marks in countries party to the Nice Agreement, but also for the international registration of marks effected by the International Bureau of WIPO, under the Madrid Agreement Concerning the International Registration of Marks.
The Nice Classification is also applied in a number of countries not party to the Nice Agreement The Nice Classification is based on the Classification prepared by the United International Bureaux for the Protection of Intellectual Property (BIRPI) – predecessor of WIPO – in 1935. It was that Classification, consisting of a list of 34 classes and an alphabetical list of goods, that was adopted under the Nice Agreement and later expanded to embrace also eleven classes covering services and an alphabetical list of those services. The countries to which this Agreement applies constitute a Special Union and adopt a common classification of goods and services for the purposes of the registration of marks.
In addition to the 78 countries party to the Nice Agreement, Pakistan is among the other 68 countries who also use the Nice Classification
Pakistan is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (classes 1-34) and service mark classification (classes 35-45) is applied in Pakistan. Trademarks Ordinance of 2001 provides for the registration of service marks, convention applications, priority rights and domain names.
In Pakistan these 34 classes of goods and 11 classes of services have been adopted to the maximum in compliance of Nice agreement.
The detail of the goods and services which are registered in Pakistan are following.
Classes of Goods
|1||Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.|
|2||Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.|
|3||Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices|
|4||Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.|
|5||Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides|
|6||Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.|
|7||Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than handoperated; incubators for eggs.|
|8||Hand tools and implements (handoperated) ; cutlery; side arms; razors.|
|9||Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coinoperated apparatus; cash registers, calculating machines, data processing equipment and computers; fireextinguishing apparatus.|
|10||Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials|
|11||Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes|
|12||Vehicles; apparatus for locomotion by land, air or water.|
|13||Firearms; ammunition and projectiles; explosives; fireworks.|
|14||Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.|
|16||Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type;
|17||Rubber, guttapercha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.|
|18||Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.|
|19||Building materials (nonmetallic) ; nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.|
|20||Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, motherofpearl,
meerschaum and substitutes for all these materials, or of plastics.
|21||Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brushmaking
materials; articles for cleaning purposes; steelwool; unworked or semiworked
glass (except glass used in building); glassware, porcelain and earthenware not
included in other classes.
|22||Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.|
|23||Yarns and threads, for textile use.|
|24||Textiles and textile goods, not included in other classes; bed and table covers.|
|25||Clothing, footwear, headgear.|
|26||Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.|
|27||Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (nontextile).|
|28||Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees|
|29||Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.|
|30||Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, bakingpowder; salt, mustard; vinegar, sauces (condiments); spices; ice.|
|31||Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.|
|32||Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.|
|33||Alcoholic beverages (except beers).|
|34||Tobacco; smokers’ articles; matches.|
Classes of Services
|35||Advertising; business management; business administration; office functions.|
|36||Insurance; financial affairs; monetary affairs;real estate affairs.|
|37||Building construction; repair; installation services.|
|39||Transport; packaging and storage of goods; travel arrangement.|
|40||Treatment of materials.|
|41||Education; providing of training; entertainment; sporting and cultural activities.|
|42||Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.|
|43||Services for providing food and drink; temporary accommodation.|
|44||Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.|
|45||Legal services; security services for the protection of property and individuals, personal and social services
rendered by others to meet the needs of individuals.