All new trade marks filed at the OAPI IP Office had to comply with the 11th edition of the Nice Classification System as of 30 April 2017.

In previous editions of the Classification system, Class 42 included services such as “providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be classified in other classes”.

However, with the most recent edition, these services are re-classified into classes 42 to 45. Should a brand owner’s registration still correspond to the old class 42 specification, the following renewal options are recommended by Adams & Adams:

  1. Should you wish to maintain all the services initially filed in the class heading of the old class 42 specification or in preceding renewals, the mark should be renewed to extend into the new classes to cover the services which were re-classified.
  2. Alternatively, should you, as brand owner, not wish to maintain all the services initially filed or in preceding renewals then, upon renewal, you should apply to limit its specification to exclude such services.

For any additional information or queries in this regard, please contact africaip@adams.africa

Stephen Hollis
Partner | Trade Mark Attorney
Lebohang Mosala
Associate | Attorney
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