Trademark Classes of Malta

Introduction

Nice Agreement (1957) established the International Classification of Goods and Services, which is also referred to as Nice Classification. It is a system of classifying goods and services for the purpose of registering trademarks. It is refurbished after every five years and its advanced 11th version of the system groups into 45 classes that class 1-34 include goods and classes 35-45 embrace services.

This allows users seeking to trademark a good or service to choose from these appropriate available classes. Since the system is recognized in numerous countries, this makes a more streamlined process of applying for trademarks internationally. The World Intellectual Property Organization (WIPO) specifies the classification system.

Nice classification

The structure of the Nice Classification

The Nice Classification contains explanatory notes, class headings, and an alphabetical list of goods and services. The class headings are the official, descriptive names of the 34 categories or “classes” of goods and 11 classes of trademark services. These are accompanied by explanatory notes that provide detailed descriptions of the types of products or services included within the respective classes. The alphabetical list is an alphabetized list of about 10,000 goods and about 1,000 services.

Advantages of nice classification

Use of the Nice Classification by the competitor trademark offices has the benefit of filing trademark registration applications with context to a single classification system. The filing of applications is thereby greatly simplified as the goods and services to which a given mark applies the classification in the same way in all countries that have adopted the Classification. Moreover, as the Trademark Classification exists in different languages. Applying for goods and services of the alphabetical list can save applicants a considerable amount of translation work when filing a list of goods and services in a language different from the office of origin.

Single Class Jurisdiction

Malta is a Single Class Jurisdiction. Multiple-class applications are not possible.
The applicant who wants to apply for several trademark classes has to apply for each class as the Malta Intellectual Property Office handles each class as a separate application. In such a case, separate applications have to be filed for each class. All official trademark fees are charged per class.

Filing requirements for Malta Trademark Applications

  • The Power of Attorney
  • The applicant’s name and address
  • The trademark details
  • An explained description of the goods/services falling within the class(es) according to the International Classification of Goods and Services
  • Prints of the trademark which are not needed for word marks

Process Of Trademark Registration Malta

  • Step 1: Filing the TM Application

We check that the trademark application filing requirements are complete after we have received the instructions to file the trademark. If all filing requirements are complete, we prepare the official documents and file the application directly with the Malta IPO.

  • Step 2: Examination of Application. (approx. 6-9 months)

Substantive requirements are checked by the Malta IPO after filing the trademark application and fulfilling the formalities. The IPO registers the trademark if all requirements for the registration of the application are met.
In case the IPO finds that the trademark application does not comply with the requirements, the applicant shall be given the opportunity to modify the application in order to satisfy the requirements.
In this case, the applicant is notified by the IPO with respective to the applicant’s representative.

  • Step 3: Certificate of Registration. (Checking & Forwarding within 2-7 working days)

If the application as originally filed or as amended complies with the requirements, the Malta IPO registers the trademark. When the trademark is registered and the registration will be published, then the “Certificate of Registration” will be issued and provided to us. We check if the certificate issues correctly and forward the original certificate to the applicant with respect to the applicant’s representative by registered mail.

TM Classification

Trademarks in Malta are classified as per the International Classification of Goods and Services.
A detailed description of goods/services within the class(es) is required.
nice classification

classes items

class 1

  1. Chemicals for use in industry, science, and photography,
  2. In agriculture
  3. Horticulture and forestry
  4. Unprocessed artificial resins unprocessed plastics
  5. Fire extinguishing and fire prevention compositions
  6. Tempering and soldering preparations
  7. Substances for tanning animal skins and hides
  8. Adhesives for use in industry
  9. Putties and other paste fillers
  10. Compost
  11. Manures
  12. Fertilizers
  13. Biological preparations for use in industry and science

class 2

  1. Paints, varnishes and lacquers
  2. Preservatives that are used against rust and against deterioration of wood
  3. Colorants and dyes
  4. Inks used while printing, marking or engraving
  5. Resins of raw natural
  6. Metals used in foil.Also, powder form for utilized in painting, decorating, printing or art

class 3

  1. Non-medicated cosmetics and toiletry preparations
  2. Non-medicated dentifrices
  3. Perfumery, essential oils
  4. Bleaching preparations and other substances for laundry use
  5. Cleaning, polishing, scouring, and abrasive preparations

class 4

  1. Industrial oils, greases and wax plus lubricants;
  2. Dust absorbing items including wetting and binding compositions;
  3. Fuels and illuminants
  4. Candles with wicks for lighting

class 5

  1. Pharmaceuticals including medical and veterinary preparations;
  2. Sanitary products for medical purposes
  3. Dietetic food and substances adapted regarding medical and veterinary use, food for small children
  4. Dietary supplements for humans and animals
  5. Plasters and materials for dressings
  6. Material for stopping teeth, dental wax and disinfectants
  7. Preparations for destructing vermin
  8. Fungicides and herbicides

class 6

  1. Common metals with their alloys and ores
  2. Metal materials for building and construction including transportable buildings of metal
  3.  Non-electric cables, wires of common metal
  4. Small items of metal hardware and containers for storage or transport
  5. Safes

class 7

  1. Machines, their tools, and power-operated tools;
  2. Motors, engines, machine coupling and transmission components except for land vehicles
  3. Agricultural implements, different from hand-operated hand tools
  4. Incubators for eggs
  5. AVM that is automatic vending machines

class 8

  1. Hand-operated Hand tools and implements, and cutlery
  2. Side arms except for firearms and razors

class 9

  1. Items for Scientific, research, navigation, surveying, photographic and cinematographic, audiovisual
  2. Including gadgets of optical, weighing and measuring, signalling, detecting, testing or inspecting, life-saving and teaching
  3. Moreover for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity;
  4. Gadgets for recording, transmitting, reproducing or processing sound, images or data;
  5. Recordable or downloadable media, blank digital or analogue recording and storage media and  computer software, mechanisms for coin-operated framework
  6. Cash registers, calculating devices
  7. Computers and its peripheral devices
  8. Diving suits, masks, ear plugs nose clips for swimmers and gloves for divers, breathing system for underwater swimming
  9. Also fire-extinguishing apparatus

class 10

  1. Surgical, medical, dental and veterinary system
  2. Artificial limbs, eyes & teeth and orthopaedic articles
  3. Suture items
  4. Therapeutic and assistive devices used by disabled
  5. Massage equipment
  6. Gadgets for nursing infants and sexual activity

class 11

  1. Fittings for lighting, heating,  cooling or drying
  2. Steam generating, cooking or ventilating, water supply and sanitary purposes

class 12

  1. Vehicles for locomotion by land, air or water

class 13

  1. Firearms
  2. Ammunition and projectiles and explosives or fireworks

class 14

  1. Precious metals with their alloys
  2. Jewellery including precious and semi-precious stones
  3. Horological and chronometric instruments

class 15

  1. Musical instruments with their stands and conductors’ batons

class 16

  1. Paper and cardboard, printed matter and printers’ type, printing blocks.
  2. Bookbinding material and photographs
  3. Stationery and office requisites excluding furniture
  4. Adhesives for stationery or household purposes
  5. Drawing materials and paintbrushes for artists
  6. Instructional and teaching materials
  7. Plastic sheets, films, and bags for packaging and wrapping

class 17

  1. Items including unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
  2. Plastics and resins in an extruded form which are used in manufacturing
  3. Packing, stopping and insulating materials
  4. Non-metal flexible pipes, tubes, and hoses

class 18

  1. Leather and its imitations
  2. Animal skins and hides with luggage and carrying bags
  3. Umbrellas and parasols also walking sticks
  4. Whips, harness, and saddlery
  5. Animal’s collars, leashes, and clothing

class 19

  1. Non-metal Materials for building and construction including rigid pipes
  2. Asphalt, pitch, tar, and bitumen
  3. Non-metal transportable buildings and monuments

class 20

  1. Furniture, mirrors and picture frames
  2. Non-metal containers for storage or transport
  3. Unworked or semi-worked bone or whalebone and horn or mother-of-pearl
  4. Shells with meerschaum and yellow amber

class 21

  1. Household and kitchen utensils or containers;
  2. Cookware and tableware, excluding forks, knives, and spoons
  3. Combs, sponges, and brushes excluding  paintbrushes with brush-making materials
  4. Articles for cleaning purposes
  5. Unworked or semi-worked glass, glassware except building glass
  6. Porcelain and earthenware

class 22

  1. Ropes and string moreover nets, tents, and tarpaulins
  2. Awnings of textile or synthetic materials and sails
  3. Storage of materials in bulk sacks for the transport
  4. Padding, cushioning and stuffing materials, excluding paper, cardboard, rubber or plastics
  5. Raw fibrous textile materials and its substitutes

class 23

  1.  Textile use Yarns and threads

class 24

  1. Textiles and its substitutes
  2. Household linen and curtains of textile or plastic

class 25

  1. Clothing, footwear, and headwear

class 26

  1. Lace, braid, embroidery and haberdashery ribbons or bows
  2. Buttons, hooks, and eyes, pins plus needles
  3. Artificial flowers also, hair decorations and false hair

class 27

  1. Carpets, rugs, mats and matting, linoleum including materials for covering existing floors
  2. Non-textile wall hangings

class 28

  1. Games, toys and playthings and video game system
  2. Sporting equipment
  3. Christmas tree decoratives

class 29

  1. Meat, fish, poultry and game and meat extracts
  2. Frozen, preserved and dried cooked fruits and vegetables
  3. Jellies, jams, compotes
  4. Eggs and milk, cheese, butter, yoghurt, and other milk items;
  5. Food oils and fats

class 30

  1. Tea, Coffee, cocoa and artificial coffee;
  2. Rice, pasta or noodles;
  3. Tapioca plus sago;
  4.  Items made from cereals and flour
  5. Bread, pastries and confectionery items including chocolate
  6. Ice cream, sorbets, and other consumable ices
  7. Sugar, honey, and treacle
  8. Yeast or baking powder
  9. Salt, seasonings, spices, preserved herbs
  10. Vinegar, sauces and other relatables
  11. Ice that is frozen water

class 31

  1. Raw and unprocessed agricultural, aquacultural and horticultural including forestry products
  2. Raw and unprocessed seeds or grains
  3. Fresh fruits and vegetables and herbs
  4. Natural plants or flowers
  5. Bulbs, seedlings, and seeds for planting
  6. Live animals and their foodstuffs and beverages, malt

class 32

  1. Beers and non-alcoholic beverages and preparations for making beverages
  2. Mineral and aerated waters and syrups
  3. Fruit beverages and juices

class 33

  1. Alcoholic beverages excluding beers
  2. Alcoholic items for making beverages

class 34

  1. Tobacco and its substitutes;
  2. Cigarettes and cigars and electronic cigarettes or oral vaporizers for smokers;
  3. Smokers’ products and matches.

class 35

  1. Advertising;
  2. Business management and administration with other office functions

class 36

  1. Insurance;
  2. Financial, monetary and real estate affairs

class 37

  1. Repairs for Building construction and installation services.

class 38

  1. Telecommunications services

class 39

  1. Transport
  2. Packaging and storage of goods and travel arrangements

class 40

  1. Use of materials

class 41

  1. Educational services
  2. Providing training and entertainment
  3. Sporting or cultural activities

class 42

  1. Scientific and technological services with research and their related design
  2. Analysis of the industry and its research services;
  3. Design or development of computer software and hardware

class 43

  1. Services for arranging food and drink and temporary accommodation.

class 44

  1. Medical and veterinary services;
  2. Hygienic and beauty care for humans and animals;
  3. Horticulture, agriculture and forestry services.

class 45

  1. Legal and security services for the physical protection of tangible property and individuals
  2. Personal and social services provided by others for meeting the needs of individuals.

34 classes of goods and 11 classes of services were described in the above table which helps in the classification of goods and services while registering them as the trademark.

Conclusion

Use of the Nice Classification is compulsory for the national registration of marks in countries party to the Nice Agreement and for the international registration of marks affected by WIPO, under the protocol of Madrid Agreement Concerning the International Registration of Marks and for the registration of marks.

The applicant, if in doubt, give us a call at +91 8750008585. For further information, should check with us as to how the goods and services should be classified,  you can visit our website: Trademark Cart for the best guidance.

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By | 2019-07-05T09:25:42+00:00 July 4th, 2019|Trademark|

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