Specifying the list of goods and services

Today, a list of goods and services is considered to only include the goods and services covered by the literal meaning of the terms used in the list. However, previous registrations contain lists of goods and services where the goods and services are presented in a very vague manner, as was typical for the time. For example, the list may only consist of a class number or a description such as “all goods included in this class". These types of registrations make it difficult to determine what the trademark’s scope of protection actually covers.

The goal of the specification process

The purpose of the specification process is to provide the owners of such marks with the opportunity to further specify their lists so that they will meet the new classification regulations.

The specification process aims to harmonise how lists of goods and services are interpreted and clarify the evaluation of the scope of protection given to trademarks. Currently, the lists for trademarks that have been applied for at different times are interpreted in different ways. An old list of goods can actually cover something that could in no way be deduced when reading through the terms presented in the list.

Example. A trademark has been applied for on 5 June 2012, and its list of goods and services contains the class heading for class 35: “advertising; business management; business administration; office functions". Since the mark was applied for before 1 October 2012 and covers the entire class heading, the mark is considered to also cover the retail trade of goods. After the deadline for specifying the list has expired, every list of goods and services will be interpreted in the same manner, i.e. the list will be considered to only include the goods and services covered by the literal meaning of the list. Read more about when you can specify your list.

Example. If the example/trademark presented above is not further specified before the deadline, it will no longer be considered to cover retail trade services, since retail trade services are not included in any of the terms used in the class heading (advertising; business management; business administration; office functions).
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Latest update 17.06.2019