The tenth edition of the Nice Classification is expected to enter into force on January 1, 2017 in Kuwait, thus replacing the outgoing eighth edition. The adoption of the 10th edition will not affect trademarks already filed and registered in Kuwait. Upon next renewal, goods and classes affected by this change in formalities should be reclassified accordingly by the Trademark Office.
It is important to note that regardless of which edition of the Nice Classification is being used, the trademark offices across the Gulf Cooperation Council (GCC), which Kuwait is a member of, will depart from the Nice Classification when dealing with items that contradict Sharia law. For example, trademarks covering alcoholic goods and related retail or wholesale services are prohibited. By way of background, the GCC member states are Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.
The table below offers a general overview on the Nice Classification in the Middle East and North Africa.
|
Country |
Nice Edition Adopted |
Member of the Nice Agreement? |
Is it possible to claim class headings? |
|
Afghanistan |
8th |
No |
Yes |
|
Algeria |
10th |
Yes (entry into force: July 5, 1972) |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
Bahrain |
10th |
Yes (entry into force: December 15, 2005) |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
Cyprus |
10th |
No |
No |
|
Djibouti |
8th |
No |
Yes |
|
Egypt |
10th |
Yes (entry into force: June 18, 2005) |
Yes |
|
Ethiopia |
8th |
No |
Yes |
|
Gaza |
8th; Class 33 & alcoholic goods in class 32 cannot be registered |
No |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
India |
9th |
No |
Yes |
|
Iran |
8th; Class 33 & alcoholic goods in class 32 cannot be registered |
No |
Yes |
|
Iraq |
7th with local sub-classification |
No |
Yes (an applicant can only claim class headings) |
|
Jordan |
10th |
Yes (entry into force: November 14, 2008) |
No |
|
Kuwait |
8th; Class 33, alcoholic goods in class 32, & pork meat in class 29 cannot be registered |
No |
Yes |
|
Lebanon |
10th |
Yes (entry into force: April 18, 1961) |
Yes |
|
Libya |
8th; Class 33, alcoholic goods in class 32, as well as Christmas trees and related products in class 28 cannot be registered |
No |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
Morocco |
10th |
Yes (entry into force: October 1, 1966) |
Yes |
|
Oman |
10th |
No |
No |
|
Pakistan |
8th |
No |
Yes |
|
Qatar |
7th; Class 33 & alcoholic goods in class 32 cannot be registered |
No |
Yes for all classes except for classes 1, 4 to 7, 10 to 14, 16 to 22, 29, and 31 |
|
Saudi Arabia |
10th; Class 33, alcoholic goods in class 32, pork meat in class 29, & Christmas trees and related products in class 28 cannot be registered |
No |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
Sudan |
9th; Class 33 & alcoholic goods in class 32 cannot be registered |
No |
No |
|
Syria |
10th |
Yes (entry into force: March 28, 2005) |
Yes |
|
Tunisia |
10th |
Yes (entry into force: May 29, 1967) |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
Turkey |
10th |
Yes (entry into force: January 1, 1996) |
Yes |
|
United Arab Emirates |
10th; Class 33 & alcoholic goods in class 32 cannot be registered |
No |
Yes |
|
West Bank |
8th |
No |
Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable. |
|
Yemen |
8th; Class 33 & alcoholic goods in class 32 cannot be registered |
No |
Yes |
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