TMEP 1401.12: General Summary of Major Changes in Practice Based on the 9th Edition of the Nice Agreement

October 2017 Edition of the TMEP

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1401.12    General Summary of Major Changes in Practice Based on the 9th Edition of the Nice Agreement

The requirements of the 9th edition of the Nice Agreement apply to applications filed on or after January 1, 2007.  For applications filed on or after the effective date of the 10th edition (i.e., January 1, 2012) and prior to the effective date of the 11th edition (i.e., January 1, 2017), any changes in practice brought about by the 10th edition supersede the 9th edition to the extent any inconsistency exists. See TMEP §§1401.13-1401.13(e) for the general summary of changes in practice based on the 10th edition of the Nice Agreement. For applications filed on or after the effective date of the 11th edition, any changes in practice brought about by the 11th edition supersede prior editions and versions of the Nice Agreement to the extent any inconsistency exists.

The most notable changes under the 9th edition are:  the transfer of all legal services from Class 42 to Class 45; the determination that items made of precious metals should be classified according to their function rather than in Class 14 merely because they are made of precious metal; and the transfer of indoor aquaria and certain related items from Class 16 to Class 21.  These changes are discussed below.