Further to our recent post regarding the change in regulation with respect to class 35 services, a recent notice published by the Trademark Office states that the change will be effective for applications filed after 19 October 2011.

In this respect, according to this notice, applications filed before that date covering “the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods (such services may be provided by retail stores, wholesale outlets, means of electronic media, through mail order catalogues or other similar services)” will be considered to overlap with applications covering the same service for a particular group of goods, such as clothing. In other words, an application filed before 19 October 2011 for the general terminology (variety of goods) will, theoretically, block an application for same or confusingly similar mark for a particular specification of goods.

If you have any questions about this change, please do not hesitate to let us know.