Part 3 Process for obtaining registration of trade mark and other matters

flowchart of the process for obtaining registration of trade mark and other matters

Subpart 1—Preliminary

31 Classification of trade marks

(1)

Goods and services must be classified, for the purpose of registration of a trade mark, according to the edition of the Nice Classification in effect at the time of application for registration of the trade mark.

(2)

Any question arising as to the class within which any goods or services fall must be determined by the Commissioner, whose decision is final.

Compare: Trade Marks Act 1998 s 6 (Singapore)

Section 31(1): replaced, on 16 September 2011, by section 5 of the Trade Marks Amendment Act 2011 (2011 No 71).