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STATUTORY INSTRUMENTS
2006 No. 3039
TRADE MARKS
The Trade Marks (Amendment) Rules 2006
Made        -      -       -      - 16th November 2006
Laid before Parliament  20th November 2006
Coming into force        -      - 1st January 2007
The Secretary of State makes the following Rules in exercise of the powers conferred by sections
65 and 78 of the Trade Marks Act 1994(1):
1.These Rules may be cited as the Trade Marks (Amendment) Rules 2006 and shall come into
force on 1st January 2007.
2.The Trade Marks Rules 2000(2) shall be amended as follows.
3.For rule 7 substitute—
“Classification of goods and services; s 34
7.—(1)  The prescribed system of classification for the purposes of the registration of
trade marks is the Nice Classification.
(2)  When a trade mark is registered it shall be classified according to the version of the
Nice Classification that had effect on the date of application for registration.
(3)  In these Rules—
(a)the “Nice Agreement” means the Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the Registration of Marks
of 15th June 1957, which was last amended on 28th September 1979; and
(b)the “Nice Classification” means the system of classification under the Nice
Agreement.”.
4.In rule 8 for “Schedule 4”, wherever it occurs, substitute “the Nice Classification”.
5.In paragraphs (3) and (4) of rule 23—
(a)after “Schedule 1”, wherever it occurs, insert “of the Act”;
(b)after “Schedule 2”, wherever it occurs, insert “of the Act”.
(1)1994 c.26 .
(2)S.I. 2000/136 , amended by S.I. 2001/3832  and 2004/947 .Document Generated: 2017-11-16
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
6.In rule 46, for paragraph (1) substitute—
“(1)  The registrar may amend an entry in the register which relates to the classification
of a registered trade mark so that it accords with the current Nice Classification.”.
7.The instruments set out in the Schedule (revocations) are revoked to the extent specified.
16th November 2006Malcolm Wicks
Minister of State for Science and Innovation
Department of Trade and Industry
2Document Generated: 2017-11-16
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
SCHEDULE Rule 7
REVOCATIONS
Title and number Extent of revocation
The Trade Marks Rules 2000 (SI 2000/136 ) Schedules 3 and 4.
The Trade Marks (Amendment) Rules 2001 (SI 2001/3832 ) Rules 3 to 5.
Rules 7 and 8.
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Trade Marks Rules 2000 (SI 2000/136 , as amended) (“the 2000 Rules”).
These Rules formally prescribe the Nice Classification as the prescribed system of classification
under the Trade Marks Act 1994 (c. 26) . The Nice Classification is the system of classification
arising under the Nice Agreement Concerning the International Classification of Goods and Services
for the Purposes of the Registration of Marks of 15th June 1957, which was last amended on 28th
September 1979. The Ninth Edition of the Nice Classification enters into force on the 1st January
2007. The Ninth Edition of the Nice Classification will be available on the World Intellectual
Property Organisation’s website (www.wipo.int).
Rule 3 substitutes a new rule 7 for that in the 2000 Rules. This provision prescribes the system of
classification to be used for the purposes of registering trade marks.
Rules 4 and 5  set out minor and consequential amendments to rules 8, 23 and 46 of the 2000 Rules.
Rule 6 amends rule 46 of the 2000 Rules. This provision enables the registrar to re-classify a
registered trade mark where the Nice Classification has changed for some or all of the goods and
services in respect of which the mark has been registered.
Rule 7 and the Schedule revoke, amongst other things, two Schedules to the 2000 Rules. Those
Schedules set out two previous systems of classification, both of which were based on earlier versions
of the Nice Classification system.
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