TA的每日心情 | 无聊 2013-8-8 16:55 |
---|
签到天数: 15 天 连续签到: 1 天 [LV.4]偶尔看看III
|
88 The list of goods and services in the international application may be narrower than the list in the basic registration or application. However, it may not be broader, or contain different goods and services. This does not mean that exactly the same terms must be used; the terms used in the international application must however be equivalent to, or fall within the scope of, those used in the basic registration or application.
89. Information concerning the Nice Classification can be found on the WIPO website at the following address: http://www.wipo.int/classifications/nice/en/.
Item 10(b): Limitation of the List of Goods and Services
90. A limitation is, effectively, a reduction in the scope of the protection, in terms of the list of goods and services, which the applicant is seeking in the international application. A limitation may take different formats and may be prompted for different considerations.
Example 1
91. For example, the main list of goods and services in the international application may include, say,
classes 1 to 7 and the designation of ten Contracting Parties. The applicant may not wish to incur the expense of including all of the goods and services for all ten of the designated Contracting Parties. In item 10(b) he may therefore accordingly reduce the scope of coverage, for example in the following manner:
Contracting Party Class(es) of goods and services for which protection is sought
Australia Classes 1, 4 and 5
Japan Classes 1 and 5
This will mean that for the remaining eight designated Contracting Parties, protection is being sought in all seven classes, and paid for accordingly, and for Australia and Japan, protection is being sought only for the goods and services indicated in item 10(b), i.e., classes 1, 4 and 5 and classes 1 and 5, respectively, and fees will be payable only for those classes.
Example 2
92. The example above concerns a limitation relating to entire classes of goods and services as requested under item 10(b). However, it may also be that the applicant wishes to retain the class, per se, but wishes to reduce, within the class, the scope of protection that he is seeking. He may, for example, have already ascertained that a third party has already obtained protection for a similar mark in respect of goods that are similar to those now intended to be included in the international application, and the applicant may wish to eliminate or reduce the risk of that third party opposing the new international application.
93. To take a simple example – assume that the applicant designates ten Contracting Parties and wishes to apply for registration in class 25 in respect of the following items of clothing:
Clothing of leather, clothing for gymnastics, clothing of imitations of leather, coats, cyclists’ clothing and sports jerseys.
In item 10 of the international application form the applicant may limit the scope of the goods or services as follows:
In respect of the designation of China, protection is not sought in class 25 for the following:
Clothing for gymnastics.
94. The result will be that the international application will include the full scope of the goods in class 25 for the remaining nine designated Contracting Parties and will be reduced in accordance with the limitation, as far as the designation of China is concerned.
|
|