Introduction

The International Classification of Goods and Services (Nice Classification) was established by the 1957 Nice Agreement and is a system for classifying goods and services applied to the registration of trademarks by countries which are party to the Nice Agreement. It was established to ensure uniformity across varied jurisdictions within the globe.

The Nice Classification is also applied in countries like Nigeria, which are not party to the Nice Agreement. The first edition of the Nice Classification was published in 1963, and a new edition is published every five years.

The Nice Classification groups similar goods and services into 45 different classes. Whilst goods are listed in classes 1 to 34, services are listed in classes 35 to 45.

Key highlights of the 12th edition of the Nice Classification

Some key changes introduced by the 12th edition include:

i. Protection of digital assets

The 12th edition expands the specification of goods which can be protected under class 9 to include goods and services pertaining to blockchain technologies and non-fungible tokens (NFTs) such as “downloadable digital files authenticated by NFTs”, and the amendment of the item “downloadable computer software for managing cryptocurrency transactions using blockchain technology” to “downloadable computer software for managing crypto asset transactions using blockchain technology.” Additionally, in class 42, “cryptocurrency mining/cryptomining” has been amended to “mining of crypto assets/cryptomining.”

Digital assets such as NFTs and cryptocurrencies have risen in popularity in recent years. In a Forbes article, NFTs have been described as “part of a phenomenon that is revolutionizing finance, particularly around the way people invest in art, music and sports.” Though the rise in their popularity is recent, NFTs have been in existence since 2014. There has however been no provision for the protection of NFTs under previous editions of the Nice Classification. The inclusion of NFTs in the 12th edition, and the modification of terms to reflect “crypto asset transactions” and “crypto assets” are a positive indication that the international intellectual property protection system is developing in line with current trends in the digital and Financial Technology (FinTech) space.

ii. Other new technologies

Another big highlight are new technologies, such as robotics. Class 9 has also been expanded to include humanoid robots having communication and learning functions for assisting and entertaining people; humanoid robots with artificial intelligence for preparing beverages and user-programmable humanoid robots, not configured.

iii. Medical devices

The goods which can be protected under Class 10 have also been expanded to include “respirators for filtering air for medical purposes” and “respiratory masks for medical purposes.” The use of masks and respirators for medical purposes has increased since 2020 due to the Covid-19 Pandemic. Individuals and companies involved in the production of medical devices such as respirators and masks will be able to take advantage of this opportunity to protect their trademarks using the specific descriptions now provided in the Nice Classification.

iv. Online communities

With the rise of online communities, class 41 which originally covers specific services relating to education; providing of training; entertainment; sporting and cultural activities has been expanded in terms of its entertainment offerings to recognize trademark protection for services providing online images (not downloadable) and online virtual guided tours.

Implications for the Nigerian Trademark Office

The World Intellectual Property Organization (WIPO) had announced in October 2022, that the 12th edition will be effective from 1 January 2023 in member states.

Nigeria is not a member of the Nice Agreement, but its trademark classification system is based on the 9th edition of the Nice Classification.

The Nigerian Trademark Office has yet to officially confirm or make an announcement confirming this new edition, and neither were the subsequent 10th and 11th editions ever adopted officially. Until such a time that the Nigerian Office announces the applicability of the 12th edition, it will continue to accept for filing trademark applications which cover specification of goods and services in accordance with the 9th classification above mentioned.

It is interesting to note however the changes in the 12th edition of the Nice Classification which will be of particular interest to trademark proprietors in the technology, FinTech and digital spaces, and the Medical Devices industry as there is an opportunity to protect their trademarks using more specific and applicable descriptions.

It is also encouraging to note that the international intellectual property protection system is adaptable and is continually developing in line with global advancements. It is hoped that the Nigerian Trademark Office aligns with the current Nice Classification which reflects the prevailing situation globally.

1. https://www.wipo.int/classifications/nice/nclpub/en/fr/
2. https://www.wipo.int/classifications/nice/nclpub/en/fr/?basic_numbers=show&class_number=42&explanatory_notes=show&lang=en&menulang=en&mode=flat&notion=&pagination=no&version=20190101
3. https://www.forbes.com/sites/forbesbusinesscouncil/2021/09/07/rise-of-a-new-disruptor-how-nfts-are-revolutionizing-the-art-and-entertainment-worlds/?sh=e47b5e21a90f
4. https://www.wipo.int/classifications/nice/nclpub/en/fr/?basic_numbers=show&class_number=10&explanatory_notes=show&lang=en&menulang=en&mode=flat&notion=&pagination=no&version=20190101