Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
May 13, 1977

(of June 15, 1957,as revised at Stockholm on July 14, 1967,and at Geneva on May 13, 1977,and amended on September 28, 1979)

Article 1 Establishment of a Special Union;Adoption of an International Classification;Definition and Languages of the Classification
(1) 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 (hereinafter designated as "the Classification").
(2) The Classification consists of:
(i) a list of classes, together with, as the case may be, explanatory notes;
(ii) an alphabetical list of goods and services (hereinafter designated as "the alphabetical list") with an indication of the class into which each of the goods or services falls.
(3) The Classification comprises:
(i) the classification published in 1971 by the International Bureau of Intellectual Property (hereinafter designated as "the International Bureau") referred to in the Convention Establishing the World Intellectual Property Organization, it being understood, however, that the explanatory notes to the list of classes included in that publication shall be regarded as provisional and as recommendations until such time as explanatory notes to the list of classes are established by the Committee of Experts referred to in Article 3;
(ii) the amendments and additions which have entered into force, pursuant to Article 4(1) of the Nice Agreement of June 15, 1957, and of the Stockholm Act of July 14, 1967, of that Agreement, prior to the entry into force of the present Act;
(iii) any changes to be made in accordance with Article 3 of this Act and which enter into force pursuant to Article 4(1) of this Act.
(4) The Classification shall be in the English and French languages, both texts being equally authentic.
(5)(a) The classification referred to in paragraph (3)(i), together with those amendments and additions referred to in paragraph (3)(ii) which have entered into force prior to the date this Act is opened for signature, is contained in one authentic copy, in the French language, deposited with the Director General of the World Intellectual Property Organization (hereinafter designated respectively "the Director General" and "the Organization"). Those amendments and additions referred to in paragraph (3)(ii) which enter into force after the date this Act is opened for signature shall also be deposited in one authentic copy, in the French language, with the Director General.
(b) The English version of the texts referred to in subparagraph (a) shall be established by the Committee of Experts referred to in Article 3 promptly after the entry into force of this Act. Its authentic copy shall be deposited with the Director General.
(c) The changes referred to in paragraph (3)(iii) shall be deposited in one authentic copy, in the English and French languages, with the Director General.
(6) Official texts of the Classification, in Arabic, German, Italian, Portuguese, Russian, Spanish and in such other languages as the Assembly referred to in Article 5 may designate, shall be established by the Director General, after consultation with the interested Governments and either on the basis of a translation submitted by those Governments or by any other means which do not entail financial implications for the budget of the Special Union or for the Organization.
(7) The alphabetical list shall mention, opposite each indication of goods or services, a serial number that is specific to the language in which the said list is established, together with:
(i) in the case of the alphabetical list established in English, the serial number mentioned in respect of the same indication in the alphabetical list established in French, and vice versa;
(ii) in the case of any alphabetical list established pursuant to paragraph (6), the serial number mentioned in respect of the same indication in the alphabetical list established in English or in the alphabetical list established in French.

Article 2 Legal Effect and Use of the Classification
(1) Subject to the requirements prescribed by this Agreement, the effect of the Classification shall be that attributed to it by each country of the Special Union. In particular, the Classification shall not bind the countries of the Special Union in respect of either the evaluation of the extent of the protection afforded to any given mark or the recognition of service marks.
(2) Each of the countries of the Special Union reserves the right to use the Classification either as a principal or as a subsidiary system.
(3) The competent Offices of the countries of the Special Union shall include in the official documents and publications relating to registrations of marks the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.
(4) The fact that a term is included in the alphabetical list in no way affects any rights which might subsist in such a term.

Article 3 Committee of Experts
(1) A Committee of Experts shall be set up in which each country of the Special Union shall be represented.
(2)(a) The Director General may, and, if requested by the Committee of Experts, shall, invite countries outside the Special Union which are members of the Organization or party to the Paris Convention for the Protection of Industrial Property to be represented by observers at meetings of the Committee of Experts.
(b) The Director General shall invite intergovernmental organizations specialized in the field of marks, of which at least one of the member countries is a country of the Special Union, to be represented by observers at meetings of the Committee of Experts.
(c) The Director General may, and, if requested by the Committee of Experts, shall, invite representatives of other intergovernmental organizations and international non-governmental organizations to participate in discussions of interest to them.
(3) The Committee of Experts shall:
(i) decide on changes in the Classification;
(ii) address recommendations to the countries of the Special Union for the purpose of facilitating the use of the Classification and promoting its uniform application;
(iii) take all other measures which, without entailing financial implications for the budget of the Special Union or for the Organization, contribute towards facilitating the application of the Classification by developing countries;
(iv) have the right to establish subcommittees and working groups.
(4) The Committee of Experts shall adopt its own rules of procedure.
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