Proposed trade mark practice guideline amendment - classification of medicated goods
Published: 05.12.2006
IPONZ has received a number of requests from clients to clarify the correct class for various medicated goods including toothpastes, dentifrices, shampoos and soaps. IPONZ has previously classified these goods in either class 3 or 5.
The classification of the above goods in class 5 appears to be specific to New Zealand as these goods are classified in class 3 in Australia and the UK. This is because the essential nature of the goods does not change if they are medicated. IPONZ considers it important that New Zealand is aligned with similar jurisdictions and that we follow international best practice.
IPONZ proposes to insert the following into the General Classification Annexure:
Medicated Goods
Dentifrices, shampoos, soaps and toothpastes are correctly classified in class 3 whether they are medicated or not. However, mouthwashes and rinses are classified as follows:
|
Goods |
Class 3 |
Class 5 |
|
Mouthwash |
not for medical purposes |
for medical purposes |
|
Dental rinse |
non-medicated |
medicated |
|
Mouth rinse |
not for medical purposes |
for medical purposes |
Comments on this proposed practice are invited and should be sent to theodore.doucas@iponz.govt.nz by 20 December 2006.
|
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