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STATUTORY INSTRUMENTS
2001 No. 3832
TRADE MARKS
The Trade Marks (Amendment) Rules 2001
Made        -      -       -      - 29th November 2001
Laid before Parliament  4th December 2001
Coming into force        -      - 1st January 2002
The Secretary of State, in exercise of the powers conferred upon her by sections 34(1), 65 and
78 of the Trade Marks Act 1994(1), after consultation with the Council on Tribunals pursuant to
section 8(1) of the Tribunals and Inquiries Act 1992(2), hereby makes the following Rules:—
1.These Rules may be cited as the Trade Marks (Amendment) Rules 2001 and shall come into
force on 1st January 2002.
2.The Trade Marks Rules 2000(3) are amended as set out in rules 3 to 8 below.
3.For rule 7 (classification of goods and services), there shall be substituted the following:
“7.—(1)  For the purposes of trade mark registrations dated before 1st January 2002,
goods and services shall be classified in accordance with Schedule 3 (4), except where a
specification is reclassified under rule 46 below to Schedule 4.
(2)  For the purposes of trade mark registrations dated on or after 1st January 2002, goods
and services shall be classified in accordance with Schedule 4, which sets out the latest
version of the classes of the International Classification of Goods and Services (5).”
4.—(1)  In rule 8 (application may relate to more than one class and shall specify the class), for
the words “Schedule 3”, in each place where they appear, there shall be substituted “Schedule 4”.
(2)  The amendments made by this rule do not apply to applications made before 1st January 2002.
5.In rule 46(1)(a) (change of classification), for the words “Schedule 2 to one founded on
Schedule 3” there shall be substituted “Schedule 3 to one founded on Schedule 4”.
(1)1994 c. 26 .
(2)1992 c. 53 .
(3)S.I. 2000/136 .
(4)Schedule 3 sets out the classes of the Seventh Edition of the International Classification of Goods and Services (the
International Classification is referred to in the following footnote).
(5)The International Classification is drawn up under the Nice Agreement concerning the International Classification of Goods
and Services for the purposes of the Registration of Marks of 15th June 1957 (as last revised on 13th May 1977) (Cmnd
7671). The latest version of the International Classification is the Eighth Edition which has a coming into force date of 1st
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6.Schedule 2 is hereby revoked.
7.In the heading to Schedule 3, for the words “Rule 7(2)” there shall be substituted “Rule 7(1)”.
8.After Schedule 3, there shall be inserted—
“SCHEDULE 4 Rule 7(2)
CLASSIFICATION OF GOODS AND SERVICES
Goods
Class 1  Chemicals used in industry, science and photography, as well as in agriculture,
horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical substances for
preserving foodstuffs; tanning substances; adhesives used in industry
Class 2  Paints, varnishes, lacquers; preservatives against rust and against deterioration of
wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters,
decorators, printers and artists
Class 3  Bleaching preparations and other substances for laundry use; cleaning, polishing,
scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions;
dentifrices
Class 4  Industrial oils and greases; lubricants; dust absorbing, wetting and binding
compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
Class 5  Pharmaceutical and veterinary preparations; sanitary preparations for medical
purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for
dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying
vermin; fungicides, herbicides
Class 6  Common metals and their alloys; metal building materials; transportable buildings
of metal; materials of metal for railway tracks; non-electric cables and wires of common
metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods
of common metal not included in other classes; ores
Class 7  Machines and machine tools; motors and engines (except for land vehicles);
machine coupling and transmission components (except for land vehicles); agricultural
implements other than hand-operated; incubators for eggs
Class 8  Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9  Scientific, nautical, surveying, photographic, cinematographic, optical, weighing,
measuring, signalling, checking (supervision), life-saving and teaching apparatus
and instruments; apparatus and instruments for conducting, switching, transforming,
accumulating, regulating or controlling electricity; apparatus for recording, transmission
or reproduction of sound or images; magnetic data carriers, recording discs; automatic
vending machines and mechanisms for coin-operated apparatus; cash registers, calculating
machines, data processing equipment and computers; fire-extinguishing apparatus
Class 10  Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs,
eyes and teeth; orthopedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying,
ventilating, water supply and sanitary purposes
Class 12  Vehicles; apparatus for locomotion by land, air or water
Class 13  Firearms; ammunition and projectiles; explosives; fireworks
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Class 14  Precious metals and their alloys and goods in precious metals or coated therewith,
not included in other classes; jewellery, precious stones; horological and chronometric
instruments
Class 15  Musical instruments
Class 16  Paper, cardboard and goods made from these materials, not included in other
classes; printed matter; bookbinding material; photographs; stationery; adhesives for
stationery or household purposes; artists' materials; paint brushes; typewriters and office
requisites (except furniture); instructional and teaching material (except apparatus); plastic
materials for packaging (not included in other classes); printers' type; printing blocks
Class 17  Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials
and not included in other classes; plastics in extruded form for use in manufacture; packing,
stopping and insulating materials; flexible pipes, not of metal
Class 18  Leather and imitations of leather, and goods made of these materials and not
included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols
and walking sticks; whips, harness and saddlery
Class 19  Building materials (non-metallic); non-metallic rigid pipes for building; asphalt,
pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class 20  Furniture, mirrors, picture frames; goods (not included in other classes) of wood,
cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl,
meerschaum and substitutes for all these materials, or of plastics
Class 21  Household or kitchen utensils and containers (not of precious metal or coated
therewith); combs and sponges; brushes (except paint brushes); brush-making materials;
articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used
in building); glassware, porcelain and earthenware not included in other classes
Class 22  Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included
in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous
textile materials
Class 23  Yarns and threads, for textile use
Class 24  Textiles and textile goods, not included in other classes; bed and table covers
Class 25  Clothing, footwear, headgear
Class 26  Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
artificial flowers
Class 27  Carpets, rugs, mats and matting, linoleum and other materials for covering existing
floors; wall hangings (non-textile)
Class 28  Games and playthings; gymnastic and sporting articles not included in other
classes; decorations for Christmas trees
Class 29  Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits
and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats
Class 30  Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and
preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast,
baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
Class 31  Agricultural, horticultural and forestry products and grains not included in
other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers;
foodstuffs for animals; malt
Class 32  Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and
fruit juices; syrups and other preparations for making beverages
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Class 33  Alcoholic beverages (except beers)
Class 34  Tobacco; smokers' articles; matches.
Services
Class 35  Advertising; business management; business administration; office functions
Class 36  Insurance; financial affairs; monetary affairs; real estate affairs
Class 37  Building construction; repair; installation services
Class 38  Telecommunications
Class 39  Transport; packaging and storage of goods; travel arrangement
Class 40  Treatment of materials
Class 41  Education; providing of training; entertainment; sporting and cultural activities
Class 42  Scientific and technological services and research and design relating thereto;
industrial analysis and research services; design and development of computer hardware
and software; legal services
Class 43  Services for providing food and drink; temporary accommodation
Class 44  Medical services; veterinary services; hygienic and beauty care for human beings
or animals; agriculture, horticulture and forestry services
Class 45  Personal and social services rendered by others to meet the needs of individuals;
security services for the protection of property and individuals.”
29th November 2001Melanie Johnson,
Parliamentary Under-Secretary of State, for
Competition, Consumers and Markets
Department of Trade and Industry
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EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Trade Marks Rules 2000 (S.I.2000/136 ), made under the Trade Marks Act
1994, by the amendment of Rules 7, 8 and 46, the revocation of Schedule 2 to those Rules and the
addition of Schedule 4.
Rule 7 is amended to reflect the reclassification which has taken place of trade mark registrations
dated before 27th July 1938, and to allow for classification under the Eighth Edition of the
International Classification of Goods and Services (made under the Nice Agreement concerning the
International Classification of Goods and Services for the purposes of the Registration of Marks of
15th June 1957) on or after 1st January 2002. (The Eighth Edition changes the headings of classes
4, 5, 9, 16, 29 and 42 and creates new classes, 43, 44 and 45.)
Rule 8 is amended to reflect the amended rule 7 to allow applications made before 1st January 2002
to proceed under Schedule 3 and applications made on or after 1st January 2002 to proceed under
the new Schedule 4.
Rule 46(1) is amended to reflect the amended rule 7 and update the powers of reclassification of
the registrar.
Schedule 2, which set out the classification system in force before 27th July 1938, is revoked.
A new Schedule 4 sets out the latest version of the classes of the International Classification of
Goods and Services.
A regulatory impact assessment is available, copies of which have been placed in the libraries of both
Houses of Parliament. Copies of the assessment are also available from the Trade Marks Directorate
of the Patent Office, Room 2.057, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ.
The Eighth Edition of the International Classification may be ordered from the World Intellectual
Property Organisation (WIPO), 34, chemin des Colombettes, P.O. Box 18, CH—1211 Geneva 20.
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