Merchandising Intellectual Property
| DOI | 10.1093/jiplp/jpn008 |
| Pages | 202-203 |
| Date | 01 March 2008 |
| Year | 2008 |
| Published By | Oxford University Press |
In a class of its own
Belinda Isaac*
International Trade Mark Classification:
A Guide to the Nice Agreement (Third Edition)
Jessie Roberts
Oxford University Press, 2007
ISBN: 9780195323153, Soft cover, pp. xiiiþ251
(excluding index)
£76.00.
A book on the classification of goods and services for the
purposes of trade mark registration may, at first glance
be, about as appealing to read as a train timetable unless,
of course, you wish to classify a particular product or
service or challenge the Registry’s classification, in which
case it is invaluable.
Jessie Roberts, the author of the Guide, was initially an
examining attorney for the USPTO. As Petitions and Classi-
fication Attorney she represented the USA at international
meetings regarding the Nice Agreement and from 1992 to
1994, she worked for WIPO as the Classification Officer.
With this experience, she is able to write authoritatively on
the Nice Agreement and provide a wealth of insight on
classification issues that is rarely available elsewhere.
The original intention of the Nice Agreement, which first
entered into force in 1961, was, according to Roberts, to
provide a standard approach to classification internationally
to assist trade mark applicants when filing foreign appli-
cations. Although standardization is the goal, the national
office of each country is still permitted to provide its own
interpretation of the Class Headings and the Explanatory
Notes. Since 1961, the Nice Agreement has been revised on
a number of times and the current edition is the ninth. An
extract from a WIPO publication setting out the history of
the Nice Agreement is appended to the Guide together with
a copy of the Nice Agreement, as amended on 28 September
1979, which explains how the classification system was
created, financed, and continues to be managed.
The Guide comprises a brief introduction by the author
followed by a review of each class setting out the Class
Heading and Explanatory Note in full and following this
with a note on interpretation generally and an analysis of
each phrase within each Class Heading by way of a defi-
nition. Significant changes or additions to the ninth edition
are discussed at the end of each section. Although this may
sound rather dull, the analysis is surprisingly interesting and
thought-provoking, with its explanations as to why certain
products are found in particular classes and not in others
and discussion of common difficulties that are encountered.
So if you have ever wondered how the classification system
was devised or why ‘beer’, for example, is in Class 32 (which
primarily covers non-alcoholic drinks) and not in Class 33
(which covers alcoholic drinks), the answer is here.
In case, having read through the class definitions, the
reader is still in doubt as to the class within whichparticular
goods or services should fall, the author has also included a
separate section towards the end of the book setting out the
general criteria to be applied to determine the class within
which goods or services should fall. This section will prove
invaluable to those employed by national registries or those
working with newly invented products or technologies who
need help with classifying them.
The Guide is designed to complement the two main
books published by WIPO on the Nice Agreement which
provide alphabetical listings of goods and services and a
comprehensive listing by Class (which is also available
online at http://www.wipo.int/classifications/nivilo/nice/
index.htm). For those involved in drafting or reviewing
trade mark specifications this book is a ‘must’, providing
as it does a neutral approach to classification rather than
the practice of any particular country.
doi:10.1093/jiplp/jpn007
.............................................................................................................................................................. ..............................................
Merchandising intellectual property
Belinda Isaac*
Merchandising Intellectual Property (Third Edition)
John Adams, Julian Hickey and Guy Tritton
Tottel, 2007
ISBN: 978 184592 238 2, Hardcover, pp. xxxiþ271
(including precedents)
£168.00.
In the 10 years since publication of the previous edition
of this book (known then simply as Character Merchan-
dising), licensing has become much more widespread in
the UK and there have been significant developments in
the field of IP which together justify (if justification were
needed) the publication of a new edition. The debut of
the Harry Potter series of books in April 2007, the sub-
sequent launch of five feature films based on the books,
and the sale of over 400 different licensed products have
demonstrated the amazing power and pervasiveness of
* Isaac & Co., Oxford
* Isaac & Co., Oxford
Journal of Intellectual Property Law & Practice, 2008, Vol. 3, No. 3202 IP IN REVIEW
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