Uncertainty remains following adoption of 10th edition of Nice Classification

Since its establishment in 1957, the Nice Classification has undergone several revisions and amendments, resulting in 10 different editions so far. When the last edition, published in June 2011, entered into force on January 1 2012, Slovenia was among those countries which adopted it on the same day.

A translation of the new edition into Slovenian is available on the website of the Slovenian Intellectual Property Office (SIPO).

In Slovenia, the new edition applies to all trademark applications filed after January 1 2012. SIPO will not reclassify ex officio earlier trademark applications or registrations under the new edition. In addition, it will not be necessary for applicants and trademark holders to reclassify their applications or registrations.

However, it is still unclear whether applicants or trademark holders may voluntarily request the reclassification of their application or registration where the application date is prior to January 1 2012. SIPO has not yet reached a decision on how to proceed if such a request is filed.

It is worth noting that, when the earlier editions of the Nice Classification were adopted, SIPO did not reclassify the trademarks which had been applied for under the previous edition of the classification.

Katja Kovacic, ITEM doo, Ljubljana

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