- Reforming the goods and services classification system to improve customer’s convenience


Starting on January 1st, 2007, wholesale/retail businesses can also apply as service industries. KIPO (Commissioner: Sang Woo Jun) announced a plan to apply and enforce a new international product classification, allowing wholesale/retail businesses that handle specific products from computers to shoes to apply as service industries.


Under this new classification, applications must be made by specifically appointing the subject of wholesale/retail businesses, such as ‘retail sales for computers’ or ‘retail sales for shoes’. If the product is not specifically appointed, such as general retail businesses including ‘department store business’, ‘large discount stores business’, or ‘supermarket business’, the applications will not be approved.


Prior to enforcing the 9th edition of the new NICE international
goods and services classification, KIPO revised the annex of the rules for the Trademark Act on November 29th to increase customer’s convenience as well as to secure consistency and fairness in examination. KIPO is also planning to announce the detailed list of products that can be applied, as well as rearrange examination standards for similar products


NICE is an international goods and services
classification that was established by the “NICE Agreement”, in 1957. In Korea, NICE has been in effect since March 1st, 1998. Currently, NICE classification is revised every 5 years. The 8th edition has been used since January 1st, 2002, and the 9th edition will be used since January 1st, 2007. NICE classification allows each country to decide independently the scope of similar products. Korea also has such examination standards for similar products, and these standards are rearranged following the revision of NICE classification.


This revision for the goods and services classification system focused on improving the convenience of applicants. For instance, while trademarks that included various products (inclusive trademarks) had not been approved because of the difficulties in examination and registration due to their vast scope of products, the revision allows inclusive trademarks within the approved scope of similar products. This approved scope will be expanded step by step. Under the revision, customers who were denied approval because their trademarks fell under inclusive trademarks can save time and money by omitting the process to amend the trademarks. KIPO can also benefit from the overall reduction in the examination period.


In the revised rules for the trademark act, the higher classification for product items was prescribed, while the proclamation from the commissioner of KIPO appointed more detailed lists than now to reduce customer’s inquiries as much as possible during applications. KIPO is planning to routinely add/amend the product lists to reflect the change of market caused by the development of new goods and services.