OAPI has adopted the 11th Nice Edition – version of 2018. The Organization had already accepted the 2017 version, which was effective up until 31st March 2018. The new version has been effective from 1st day of April, 2018.
The changes from one version to another concern mainly to class 42. In previous editions of the Nice classification, 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;” In this new edition, the services mentioned were re-classified to be included under classes 42, 43, 44 and 45.
As far as the existing trademarks with services that fall under the old version of class 42 concerns, the holders will not be able to request for an extension of classes before the renewal date is due and only after the renewal is effected will they have the following options to choose from: the first consists of extending the registration to the new classes 43, 44 and 45 – the renewal fees in one class will have an official fee of 925 USD and the official fees for each additional class will have an associated fee correspondent to 190 USD (the registration number and filing date will be maintained).
In the second consists of the circumstance when the registrant has no interest in part of the services initially filed under class 42 and therefore, in this case, it shall be necessary to apply for a renewal of the trademark in class 42 with a new list of services that fall under this class. At the same time, the registrant is obliged to submit a recordal of partial abandonment for those services previously covered under class 42 and currently re-classified in the new version of 2018 under classes 43 to 45 – the official fees for the renewal have an associated cost of 925 USD and the recordal will have an associated official fee of 490 USD per trademark.