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Trade Marks Journal No. 040/2010<br />

Page No. xlix<br />

(II) Information on specific items<br />

Pre-2004 Circulars<br />

(Cereal-based beverages, Beverages made from cereals, Pre-2004 Circular. This<br />

Circular was replaced by Circular No. 7/2008, dated 5 March 2008)<br />

Club [dining] services<br />

With effect from 31 October 2003, the Registrar will accept the specification “club [dining]<br />

services” in Class 43 instead of Class 41 of the International Classification of Goods and<br />

Services. The emphasis on the word “dining” puts the item more in line with the class<br />

heading and explanatory notes of Class 43.<br />

Consultancy Services<br />

In the 8th edition of the International Classification of Goods and Services, consultancy<br />

services will be classified according to their subject matter. For example, consultancy<br />

services relating to telecommunications will be classified in Class 38, transportation<br />

consultancy services in Class 39 and intellectual property consultancy services in Class 42.<br />

The Registry had been taking this position in its examination of applications.<br />

WIPO has clarified that pending the coming into force of the 8th edition, the correct<br />

classification is in accordance with the 7th edition where such services are classified in<br />

class 35 if they are business-related and class 42 if they are non-business-related. Hence,<br />

the Registry is adopting this stand.<br />

However, in order not to prejudice any party who has acted on the Registrar’s earlier<br />

position on such services, the Registry will not reject consultancy services which have been<br />

classified according to their subject matter.<br />

Desserts<br />

With effect from 31 October 2003, the Registrar will not accept a specification consisting of<br />

“desserts” per se. This is in line with the World <strong>Intellect</strong>ual Property Organization’s view<br />

that the said item, without further qualification, is vague.<br />

Examples of acceptable descriptions are :<br />

“Desserts [Jellies for food]” in Class 29 or<br />

“Desserts [Ice cream]” in Class 30<br />

(Executor services, Pre-2004 Circular. This Circular was replaced by Circular No. 7/2008,<br />

dated 5 March 2008)

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