0.232.112.8 text original Nice Agreement concerning the international classification of goods and services for the purposes of the registration of marks revised at Stockholm on July 14, 1967, concluded in Stockholm on 14 July 1967, approved by the Federal Assembly on 2 December 1969, Instrument of ratification deposited by Switzerland on January 26, 1970, entered into force for the Switzerland on 4 May 1970 (State may 8, 2014) art. 1 [establishment of a special Union. Adoption of an international classification. Definition of the international classification. Languages] 1) the countries to which this agreement applies are constituted as a special Union.
(2) adopt, for the registration of trademarks, a classification of products and services.
((3) the classification consists of: a) a list of classes, b) an alphabetical list of products and services with an indication of the classes in which they are stored.
(4) the list of classes and the alphabetical list of products are those that have been published in 1935 by the international Bureau for the protection of industrial property.
(5) the list classes and the alphabetical list of products and services may be changed or supplemented by the Committee of experts established by art. 3 of this agreement and according to the procedure established by this article.
(6) the classification will be established in English and French, on the request of each contracting country, an official translation in their language will be able to be published by the international Bureau of intellectual property (hereinafter "the international Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as "the Organization"), in agreement with the National Administration concerned. Each translation of the list of products and services include, next to each product or service, in addition to the order number specific to the alphabetical listing in the language concerned, the order number in the list established in French.
RS 0.230 art. 2 [legal scope and application of the international classification] 1) subject to the obligations imposed by the present Arrangement, the scope of the international classification is that attributed to it by each contracting country. Notably, the international classification binds the contracting countries nor as to the assessment of the scope of protection of the mark, nor the recognition of service marks.
(2) each of the contracting countries reserves the right to use the international classification of products and services as a main or auxiliary system.
(3) the authorities of the contracting countries shall include in the official records of marks the numbers of the classes of the international classification to which belong the goods and/or services for which the mark is registered titles and publications.
(4) the fact that a name is in the alphabetical list products and services does not affect the rights that could exist on this name.
Art. 3 [the international classification amendments and supplements to this classification. (Committee of experts] 1) a Committee of experts to decide whether all changes or all supplements to the international classification of products and services shall be established with the international Bureau. Each of the contracting countries will be represented at the Committee of experts, which is organized by a rules of procedure adopted by the majority of the countries represented. The international Bureau is represented on the Committee.
(2) proposals to amend or supplement should be addressed by the authorities of the contracting countries to the international Bureau, which shall forward them to the members of the Committee of experts no later than two months before the meeting of it during which these proposals will be considered.
(3) decisions of the Committee relating to the changes to the classification are taken by unanimity of the contracting countries. Change, means any transfer of products of a class to another, or all creation of new classes leading to such a transfer.
(4) the additions to the classification decisions of the Committee are taken by a simple majority of the contracting countries.
(5) experts have the faculty to make known their views in writing or to delegate their powers to the expert of another country.
(6) where a country does not appoint an expert to represent it, as well as in case the designated expert did not express his opinion within a time limit which shall be fixed by the internal regulations, the countries concerned would be considered as accepting the decision of the Committee.
Art. 4 [notification, entry into force and publication of changes and add-ins] 1) all amendments and all supplements decided by the Committee of experts shall be notified to the offices of the contracting countries by the international Bureau. The entry into force of the decisions will be held, with regard to supplement, the receipt of the notification and, with regard to the amendments, within a period of six months from the date of dispatch of the notification.
(2) the international Bureau, in his capacity as depositary of the classification of products and services, incorporates changes and supplements in force. These amendments and these supplements are published in both periodicals the industrial property and the marked international.
Art. 5 [Assembly of the Special Union] 1) has) the Special Union shall have an Assembly consisting of the countries that have ratified this Act or have adhere.b) the Government of each country is represented by one delegate, who may be assisted alternates, advisers and experts.c) the expenses of each delegation are supported by the Government which has designee.2) has) subject to the provisions of art. 3 and 4, the Assembly: i) Treaty questions concerning the maintenance and development of the Special Union and the implementation of the present Arrangement; ii) gives to the international Bureau of the guidelines for the preparation of the review conferences, being due account of comments from the countries of the Special Union which have not ratified this Act or have not signed; iii) review and approve the reports and activities of the Director-general of the Organization (hereinafter referred to as "the Director general") relating to Union special and gives it all useful guidelines on issues within the competence of the Special Union; iv) stops the program, adopt the triennial budget of the Special Union, and approve its final accounts; v) adopt the financial regulations of the Special Union; vi) establish, in addition to the Committee of experts referred to in art. 3, other committees of experts and working groups as it deems useful to the achievement of the objectives of the Special Union; vii) decides what are non-members of the Special Union and which intergovernmental and international non-governmental organizations that may be admitted to its meetings as observers; viii) adopt amendments to the art. (5-8; ix) take any other appropriate action to further the objectives of the Special Union; x) performs all other tasks involved in this Arrangement.
(b) on the issues that interest also to other Unions administered by the Organization, the Assembly statue having considered the opinion of the Committee for coordination of the expenses.3) a) each country member of the Assembly has a voix.b) one-half of the countries members of the Assembly constitutes the quorum.c) Notwithstanding the provisions of subparagraph (b), if, during a session, the number of countries represented is less than one-half but equal to or greater than one third of the countries members of the Assembly It can make decisions; However, the decisions of the Assembly, with the exception of those concerning its procedure, become binding only when the following conditions are met. The international Bureau communicates the decisions to the countries members of the Assembly which were not represented, inviting them to express in writing, within a period of three months from the date of the communication, their vote or abstention. If, on the expiry of that period, the number of countries having thus expressed their vote or abstention is at least equal the number of countries which was lacking so that a quorum was present at the session, the decisions become binding, provided that at the same time the required majority still acquise.d) subject to the provisions of art. ((((8.2), the decisions of the Assembly are taken by a majority of two thirds of the votes exprimes.e) the abstention is not considered as a vote.f) a delegate may represent one country only and may vote in the name of this 14(2)(g)) countries of the Special Union which are not members of the Assembly are admitted to its meetings as observateurs.4) a) Assembly meets once every three years in ordinary session upon convocation by the Director general and (except in exceptional circumstances, during the same period and at the same place as the General Assembly of the Organisation.b) the Assembly shall meet in extraordinary session upon convocation by the Director general, at the request of one-fourth of the countries members of the Assemblee.c) the agenda of each session shall be prepared by the Director general.
(5) the Assembly shall adopt its rules of procedure.
Art. 6 [international bureau] 1) was) administrative tasks for the Special Union are handled by the international.b Office) in particular, the international Bureau shall prepare the meetings and provide the secretariat of the Assembly, the Committee of experts, and all other committees of experts and all working groups as the Assembly or the Committee of experts may create.c) Director general is the Chief Executive of the Special Union and shall represent.
(2) the Director general and any of the staff designated by him to take part, without the right to vote, in all meetings of the Assembly, the Committee of experts, and any other Committee of experts or any working group that the Assembly or the Committee of experts can create. General manager or a member of the staff designated by him is ex officio Secretary of these bodies.
(3) a) the international Bureau, as directed by the Assembly, prepares the conferences of revision of the provisions of the agreement other than the art. (5 to 8) the international Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision.c conferences) the Director general and persons designated by him participate, without the right to vote, in the deliberations in these conferences.
(4) the international Bureau perform all other tasks assigned to him.
Art. 7 [finance] 1) has) the Special Union shall have a budget.b) the budget of the Special Union include the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, as well as applicable, the sum made available to the budget of the Conference of the has) are considered as expenses common to the Unions, which are not assigned exclusively to the Special Union but also to one or more other Unions administered by the organization. The part of the Special Union in such common expenses is proportional to the relevance these expenses to it.
(2) the budget of the Special Union is stopped due to the requirements of coordination with the budgets of the other Unions administered by the organization.
((3) the budget of the Special Union is financed from the following sources: i) contributions of the countries of the Special Union; ii) fees and charges due for services rendered by the international Bureau in relation to the Special Union; iii) the proceeds of the sale of the publications of the international Bureau concerning the Special Union and the rights attached to these publications; iv) gifts (((, bequests and grants; v) rents, interests and other income divers.4) has) to determine its contribution within the meaning of para. (3-i), each country of the Special Union belongs to the class in which it is stored for the Paris Union for the protection of industrial property, and pay its annual contributions on the basis of the number of units determined for this class in the Union.b) the annual contribution of each country of the Special Union shall be an amount the same proportion to the total amount of the annual contributions to the budget of the Union of all countries (is the same as the ratio between the number of units of the class in which it is stored and the total number of units of the pays.c all) contributions shall become due on the first of January of each annee.d) a country in arrears in the payment of its contributions may not exercise its right to vote in any of the organs of the Special Union if the amount of its arrears is equal to or higher than that of the contributions which he is liable for the preceding two full years. However, such a country can be allowed to continue to exercise its vote in that organ as long as this is satisfied that the delay was due to exceptional circumstances and inevitables.e) in the event that the budget is not adopted before the beginning of a new financial period, the budget of the previous year is renewed, as provided in the financial regulations.
(5) the amount of fees and charges due for services rendered by the international Bureau in relation to the Special Union shall be by the Director general, who shall report to the Assembly.
(6) a) the Special Union has a working capital fund constituted by a single payment made by each country of the Special Union. (If the Fund becomes insufficient, the Assembly decides his augmentation.b) the amount of the initial payment of each country to the said fund or of its participation in the increase thereof is proportional to the contribution of that country for the year in which the Fund is established or the decidee.c) the proportion and the terms of payment shall be adopted by the Assembly (, on the proposal of the Director general and after consultation with the Coordinating Committee of the Organisation.7) a) the headquarters agreement concluded with the country on whose territory the Organization has its headquarters provides that, if the Working Capital Fund is insufficient, this country allowed advances. (The amount of these advances and the conditions in which they are granted are, in each case, agreements between the countries concerned and the Organisation.b) the country referred to in subparagraph a) and the organization each have the right to denounce the commitment to grant advances with notice in writing. The denunciation shall take effect three years after the end of the year during which it has been notified.
(8) the auditing of the accounts is ensured, according to the modalities provided for in the financial regulation, by one or more countries of the Special Union or by external controllers, which are, with their consent, appointed by the Assembly.
Art. 8 [SS. 5 to 8 change] 1) of the proposed changes to the art. 5, 6, 7 and this section may be made by any country member of the Assembly, or by the Director general. These proposals are communicated by the latter to countries members of the Assembly at least six months prior to seeking review of the Assembly.
(2) any change in the articles referred to in para. (1) is adopted by the Assembly. Adoption requires the three quarters of the votes cast; However, any change in the art. 5 and this paragraph requires four fifths of the votes cast.
(3) any change in the articles referred to in para. (1) between into force one month after the receipt by the Director general of notifications written acceptance, effected in accordance with their constitutional respective rules, on the part of three quarters of the countries that were members of the Assembly at the time the amendment was adopted. Any modification of the said articles thus accepted binding on all countries that are members of the Assembly at the time when the amendment comes into force, or which become members at a subsequent date; However, any amendment increasing the financial obligations of countries of the Special Union binds only those countries which have notified their acceptance of such change.
Art. 9 [ratification and accession. Entry into force. Effects. (Accession to the Act of 1957] 1) each country of the Special Union which has signed this Act may ratify it, and, if it has not signed it, may accede.
(2) any country outside the Special Union, party to the Paris Convention for the protection of industrial property, may accede to this Act and, thereby, become Member of the Special Union.
(3) instruments of ratification and accession are deposited with the Director general.
((4) (a) of five countries that have, first, deposited their instruments of ratification or accession, this Act shall come into force three months after the deposit of the fifth of these instruments.b) has against any other country, this Act comes into force three months after the date on which its ratification or accession was notified by the Director general unless a later date has been indicated in the instrument of ratification or accession. In the latter case, this Act comes into force, with respect to that country on the date thus indicated.
(5) ratification or accession takes full legal accession to all the clauses and admission to all the advantages of this Act.
(6) after the entry into force of this Act, a country may accede to the Act of June 15, 1957, of this agreement only in conjunction with ratification of this Act or the membership.
RS 0.232.01/.04 RS 0.232.112.7 art. 10 [strength and duration] this agreement has the same force and duration as the Paris Convention for the protection of industrial property.
SR 0.232.01/.04 art. 11 [review] 1) this agreement will be subject to revisions to introduce desirable improvements.
(2) each of these revisions will be a Conference to be held between the delegates of the countries of the Special Union.
Art. 12 [applicable acts]) 1 (a) this Act replaces, in relations between the countries of the Special Union which have ratified it or who have joined, the Act of 15 June 1957 b) However, any country of the Special Union which has ratified the present Act or who joined is bound by the Act of June 15, 1957 in its relations with the countries of the Special Union which have not ratified this Act or who have not signed.
(2) countries outside the Special Union which become party to this Act apply it with respect to any country of the Union which is not a party to this Act. Such countries recognize that the said country of the Union applies the provisions of the Act of June 15, 1957 in its relations with them.
SR 0.232.112.7 art. 13 [denunciation] 1) any country may denounce this Act by notification addressed to the Director general. This denunciation also carries denunciation of the Act of June 15, 1957, of this agreement and its effect only with respect to the country that made it, the agreement remaining in force and binding towards other countries of the Special Union.
(2) the denunciation shall take effect one year after the day where the Director general has received the notification.
(3) the Faculty of denunciation provided for by this article may be exercised by any country before the expiration of a period of five years from the date on which he became a member of the Special Union.
SR 0.232.112.7 art. 14 [reference to article 24 of the Paris Convention (Territories)] the provisions of art. 24 of the Paris Convention for the protection of industrial property shall apply to this agreement.
RS 0.232.04 and 0.232.01/.03 art. 16 art. 15 [signature. Languages. (((Functions of the depositary] 1) has) this Act is signed in a single copy in the French language and deposited with the Government of the Suede.b) official texts are established by the Director general, after consultation with the interested Governments, in other languages as the Assembly may indicate.
(2) this Act is opened for signature, in Stockholm until January 13, 1968.
(3) the Director general shall forward two copies, certified compliant by the Government of the Sweden, of the signed text of this Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country.
(4) the Director-general did register this Act with the Secretariat of the United Nations.
(5) the Director general shall notify the Governments of all countries of the Special Union signatures and deposits of instruments of ratification or accession, the entry into force of any provisions of this Act, notifications of denunciation.
Art. 16 [transitional provisions] 1) until the inauguration of the first director-general, the references in this Act to the international Bureau of the organization or to the Director general are considered as respectively referring to the Bureau of the Union established by the Paris Convention for the protection of industrial property or its Director.
(2) countries of the Special Union which have not ratified this Act, or have not signed, may, for five years after the entry into force of the Convention establishing the Organization, exercise, if they so desire, the rights provided for in articles 5 to 8 of this Act, as if they were bound by those articles. Any country that wishes to exercise these rights tables for this purpose with the Director general a written notice, which shall take effect on the date of its receipt. Such countries shall be members of the Assembly until the expiration of the said period.
In faith of what, the undersigned, duly authorized to that effect, have signed this Act.
Done at Stockholm, 14 July 1967.
RS 0.230 list classes of products and services eighth edition) entered into force on 1 January 2002 products class 1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; artificial resins in raw, raw plastics; fertilizer for the land; harbors compositions; preparations for tempering and soldering metals; chemical products for preserving food; dye materials; adhesives (sticky materials) for industry.
Class 2. Colors, varnish, lacquer; condoms against rust and against deterioration of wood; dye materials; mordants; raw natural resins; metals in leaf and powder for painters, decorators, printers and artists.
Class 3. Preparations for bleaching and other substances for washing; preparations for cleaning, polishing, degrease and abrade; know; Perfumery, essential oils, cosmetics, hair lotions; toothpastes.
Class 4. Oils and industrial greases; lubricants; products for absorbing, drizzle and binding dust; fuel (including species for engines) and illuminating materials; candles and wicks for lighting.
Class 5. Pharmaceuticals and veterinary; hygienic products for medicine; dietary substances for medical use, food for babies; plasters, material for dressings; material for stopping teeth and for dental impressions; disinfectants; products for the destruction of pests; fungicides, herbicides.
Class 6. Common metals and their alloys; metal construction materials; metal transportable constructions; metal materials for railways; cables and metal wires; locksmith and metal hardware; metal pipes; safes; metal products not included in other classes; minerals.
Class 7. Machines and machine tools; engines (with the exception of engines for land vehicles); couplings and organs of transmission (except those for land vehicles); agricultural implements other than those operated manually; incubators for eggs.
Class 8. Tools and hand instruments driven manually; cutlery, forks and spoons; bladed weapons; razors.
Class 9. Devices and instruments of scientific, nautical, GEODESIC, photographic, cinematographic, optical, weighing, measuring, signalling, control (inspection), emergency (rescue) and teaching; devices and instruments for driving, distribution, processing, accumulation, adjustment or control the electric current; apparatus for recording, transmission, reproduction of sound or images; magnetic recording media, acoustic discs; vending machines and mechanisms for prepayment devices; cash registers, calculating machines, equipment for processing information and computers; fire extinguishers.
Class 10. Devices and surgical, medical, dental and veterinary instruments, members, artificial eyes and teeth; Orthopedic articles; suture material.
Class 11. Lighting, heating, steam production, cooking, refrigeration, drying, ventilation, sanitation and water supply.
Class 12. Vehicles; by land, by air or water locomotion devices.
Class 13. Firearms; ammunition and projectiles; explosives; Fireworks.
Class 14. Precious metals and their alloys and products in these materials or in plate not included in other classes; jewellery, bijouterie, precious stones; watches and chronometric instruments.
Class 15. Music instruments.
Class 16. Paper, cardboard and products in these materials, not included in other classes; products of the printing industry; articles for binding; photographs; stationery; adhesives (sticky materials) for stationery or household; material for artists; brushes; typewriters and stationery (except furniture); material instruction or teaching (except devices); plastic materials for packaging (not included in other classes); printing type; clichés.
Class 17. Rubber, gutta-percha, gum, asbestos, mica and produced in these materials not included in other classes; semi-manufactured plastic products; materials caulking, étouper and isolate; flexible pipes not of metal.
Class 18. Leather and imitations of leather, produced in these materials not included in other classes; animal skins; trunks and suitcases; umbrellas, parasols and walking sticks; whips and saddlery.
Class 19. Non-metallic building materials; rigid pipes not of metal for building; asphalt, pitch and bitumen; non-metallic transportable buildings; Nonmetallic monuments.
Class 20. Furniture, mirrors, frames; products, not included in other classes, wood, Cork, Reed, rush, Wicker, Horn, bone, ivory, whale, shell, amber, mother-of-Pearl, meerschaum, substitutes for all these materials or plastics.
Class 21. Utensils and containers for household or kitchen (precious metals or plated); Combs and sponges; brushes (except paint brushes); materials for the brush making; cleaning equipment; straw of iron; gross or mi-ouvre glass (except construction glass); glassware, porcelain and earthenware not included in other classes.
Class 22. Ropes, strings, nets, tents, tarpaulins, sails, bags (not included in other classes); contents of padding (except rubber or plastics); raw fibrous textile materials.
Class 23. Son for textile use.
Class 24. Fabrics and textile products not included in other classes; bed and table covers.
Class 25. Clothing, footwear, millinery.
Class 26. Lace and embroidery, ribbons and laces; buttons, hooks and eyelets, pins and needles; artificial flowers.
Class 27. Carpets, doormats, mats, linoleum and other floor coverings; No textile wall hangings.
Class 28. Games, toys; gymnastics and sports articles not included in other classes; decorations for Christmas trees.
Class 29. Meat, fish, poultry and game; meat extracts; fruits and vegetables, preserved, dried and cooked; jellies, jams, compotes; eggs, milk and dairy products; oils and edible fats.
Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flours and preparations made from cereals, bread, pastry and confectionery, edible ice; honey, molasses syrup; yeast, powder to lift; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31. Products agricultural, horticultural, forestry and seeds, not included in other classes; live animals; fresh fruits and vegetables; seeds, plants and natural flowers; food for animals, malt.
Class 32. Beers; mineral and carbonated waters and other nonalcoholic drinks; drinks of fruits and juices; syrups and other preparations for making drinks.
Class 33. Alcoholic beverages (except beers).
Class 34. Tobacco; items for smokers; matches.
Services class 35. Advertising; management of business affairs; Business Administration; Office's work.
Class 36. Insurance; Financial Affairs; Monetary Affairs; real estate business.
Class 37. Construction; repair; installation services.
Class 38. Telecommunications.
Class 39. Transport; packaging and storage of goods; Organization of travel.
Class 40. Treatment of materials.
Class 41. Education; training; entertainment; sports and cultural activities.
Class 42. Scientific and technological services and research and design services including; industrial research and analysis services; design and development of computers and software; legal services.
Class 43. Restaurant services (food); temporary accommodation.
Class 44. Medical services; veterinary services; hygiene and beauty for beings or for animals; agriculture, horticulture and silviculture 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.
Scope may 8, 2014 States parties Ratification, accession (A) Declaration of estate (S) entry into force Algeria 24 March 1972 was July 5, 1972 Germany June 19, 1970 September 19, 1970 Australia 10 May 1972 A 25 August Austria 11 May 1972 1973-18 August 1973 Belgium 31 October 1974 12 February 1975 Bosnia and Herzegovina 2 June 1993 S 1 March Croatia 28 July 1992 S 1992, 8 October 1991 Denmark 26 January 1970 4 may
1970 Faroese 28 July 1972 28 October 1972 Spain February 2, 1979 may 9, 1979 U.S. February 23, 1972 has 25 May 1972 Finland 16 May 1973 A August 18, 1973 France 2 May 1975 12 August 1975 Guadeloupe 2 May 1975 12 August 1975 Guyana (French) may 2, 1975 12 August 1975 Wallis - and - Futuna Islands may 2, 1975 12 August 1975 Martinique 2 May 1975 August 12, 1975 New Caledonia 2 May 1975 12 August 1975 Polynesia French 2 May 1975 August 12, 1975 meeting may 2, 1975 August 12, 1975 St. Pierre and Miquelon may 2, 1975 12 August 1975 Austral land and French Antarctic may 2, 1975 12 August 1975 Hungary December 18, 1969 April 19, 1970 Ireland 27 March 1968 12 November 1969 Israel July 30, 1969 November 12, 1969 Italy 20 January 1977 24 April 1977 Liechtenstein 21 February 1972 has 25 May 1972 Luxembourg December 19, 1974 A 24 March 1975 Macedonia 23 July 1993 S 8 September 1991 Morocco October 16, 1975 January 24, 1976 Monaco, on June 27, 1975 October 4, 1975 Montenegro December 4, 2006 S 3 June 2006 Norway March 8, 1974 June 13, 1974 Netherlands December 4, 1974 6 March 1975 part Caribbean (Bonaire, Sint Eustatius and Saba) October 10, 2010 10 October 2010 Czech Republic 1 January 1993 S December 29, 1970 United Kingdom 26 February 1969 November 12, 1969 Russia April 8, 1971 has 26 July 1971 Serbia June 14, 2001 S
27 April 1992 Slovenia 12 June 1992 25 June 1991 Sweden August 12, 1969 S 12 November 1969 Switzerland 26 January 1970 4 May 1970 this State has, like the Switzerland ratified the Nice Agreement, revised in 1977 in Geneva (RS 0.232.112.9), or joined. Therefore, the arrangement replaces the present arrangement in the relationship between the Switzerland and this State.
1970 683 RO; FF 1968 II 917 of the titles have been added to the articles of the agreement in order to facilitate reading; the original text contains no titles.
This agreement remains applicable for the Switzerland that in relations with Contracting States which are not parties to the Nice Agreement revised in 1977 in Geneva (RS 0.232.112.9).
Art. 1 c. 7 Dec 2 AF. 1969 (1970 601 RO) RO 1973 1719, 1979 293, 1984 981, 2003 3422, 2008 4047, 2014 1215. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State may 8, 2014