Examination Guidelines for Similar Goods and Services (corresponding to the Nice Classification, 11th Edition, Version 2020)

November, 2020

International Trademark Classification Office, Trademark Division

The Japan Patent Office announces that responding to the new revision of Attached Table of Enforcement Regulations of the Trademark Act (Ordinance of the Ministry of Economy, Trade and Industry, No. 42 of November 21, 2019), the Examination Guidelines for Similar Goods and Services (corresponding to the Nice Classification, 11th Edition, Version 2020) has been revised. In this Examination Guidelines, the English entry of goods and services in the alphabetical list of international classification has been listed in principle for the purpose of reference.

This Examination Guidelines for Similar Goods and Services is applied to the applications on or after January 1st, 2020.

Examination Guidelines for Similar Goods and Services (corresponding to the Nice Classification, 11^th Edition, Version 2020)(PDF：3,898KB)

Implementation note of the Examination Guidelines for Similar Goods and Services

1. The Examination Guidelines for similar goods and services, which has been finalized based on the opinions of organizations, is uniform standards for all trademark examiners, and all examinations for similarity of goods or services is in principle conducted in accordance with this Guideline.

2. In this Guideline, goods or services grouped and enclosed by a rectangle box are in principle presumed to be similar to each other.

Nevertheless, it should be noted that in examining the similarity of goods or services specifically and individually, or based on the changing actual circumstances of business and economies, there could be some cases in which goods and services that are presumed to be similar according to these guidelines might be recognized to be dissimilar; while goods and services that are not deemed to be similar based on these guidelines might in fact be regarded as similar.

3. Handling of similar goods and services that are classified under multiple classification

The number of class which is written in brackets [ ] below the boxes of goods or services indicates that there are goods or services that have the same codes (hereinafter referred to as “similar group codes”) in that class, and those goods or services which have the same similar group codes are in principle presumed to be similar to each other even in different classes.

4. Cross Search

A Cross Search will be conducted on the scope of goods which are presumed to be similar, for applications designating services prescribed in Article 2(2) of the Trademark Act (Retail and/or wholesale services); and a Cross Search will be conducted also on the scope of retail and/or wholesale services that are presumed to be similar, for applications designating goods.

5. Remarks Columns

Any similarities of individual goods and/or services are to be indicated in the remarks columns.

6. Handling goods and services with multiple similar group codes

Except for cases in which remarks are specifically indicated in the remarks columns, goods and services with multiple similar group codes are presumed to be similar to each other if they are (1) goods and services having the same multiple similar group codes, or (2) goods and services having only one of the multiple similar group codes.

Therefore, “Electronic publications” (26A01, 26D01) grouped in Class 9 are presumed to be similar to each of the following goods in Class 9: “Downloadable image files”, “Recorded video discs and video tapes” (24E02, 26D01), “Exposed cinematographic films”, “Exposed cinematographic films” and “Slide film mounts” (26D01); and are presumed to be similar to each of the following goods in Class 16: “Printed matter” (26A01) and “Photographs”, “Photograph stands” (26D01).

Reference

• N
  “N” signifies that the English indication in this Guideline is identical to the English entry of goods and services in the alphabetical list of international classification.
• Asterisk
  The general term (e.g., Clothing, Paints) in the alphabetical list of international classification is marked with an asterisk.
• ”（注）”
  The entry with the sign ”（注）” signifies that the International Bureau (IB) of the World Intellectual Property Organization (WIPO) may notify you of there being irregularities in regard to the indication of goods/services in the international application under the Madrid Protocol.
• ”［参考］商品・サービス国際分類表アルファベット順一覧表掲載の表示”
  These are the English entries from the alphabetical list of international classification for reference purposes.
• Similar Group Codes

[Last updated 29 November 2019]

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