What Is the Intellectual Property Goods and Services Pick List?
Angus
IP Australia provides an intellectual property goods and services ‘pick list’ to assist applicants deciding what category to use when applying to register an intellectual property interest. Usually, this application will occur through the lodgement of a trade mark application. The picklist is a list of all the different classes you can use when lodging your trade mark application.
This article will discuss how and why you should use the pick list to decide on the designation for your trade mark in your application.
What Is the Pick List?
The pick list is a public database of over 60,000 goods and services to select from. It automatically determines your fees and reduces errors, resulting in a faster and more cost-effective process. Essentially, it is a search engine that allows you to enter keywords. It then matches these keywords with potential claims others have listed in the correct classes.
When you make a trade mark application, you must decide on the trade mark class or classes of the goods and services. There are 45 classes to choose between, split between goods and services. The first 34 classes relate to goods, with classes 35 to 45 covering services. The picklist database contains an overview of the types of goods and services that fall into each of the 45 classes. This provides a broad and clear description to assist you to make the right decision regarding the classification of your goods or services.
Where Do I Find the Pick List?
You can access the pick list on the IP Australia website. It contains a useful search function where you can enter the type of service or good that you plan to be the subject of your trade mark application.
Which Class Should I Pick?
IP Australia will only grant a trade mark in relation to the goods or services you choose. You need to understand the trade mark classification and ensure you select the correct one for your business.
If you pick the wrong classification, you cannot amend it after determination. This means that you will need to file a new application, and you will not be properly protected until you choose the correct class. This will cost you money and time.
Additionally, you could be subject to non-use actions if the services or goods you choose do not match what your business actually provides. These disputes can be costly to your business. It is useful when picking a class to ask yourself: what do people pay me money for? If you stick to classes within that scope, you will be well placed to ensure you are correctly protected.
Why Should I Use the Pick List?
Essentially, the pick list makes the trade mark examiner’s job easier. Therefore, online applications lodged using the picklist attract a discounted filing fee rate.
It is worth noting that you should not simply cast a wide net and list as many potential classes as possible. It will cost you more to do so, and will not afford you any further legal protection if the additional class or classes you chose are not a core function of your good or service.
Key Takeaways
Before deciding on a trade mark application, and to help you decide what goods and services to list on that application, you should consider:
- where you make money in your business;
- what type of business you are running;
- how your customers know you; and
- what goods and services you provide.
Once you have a clear understanding of your business and what goods and services you provide, you can use the pick list to streamline your trademark application. If have any questions about using the pick list for your trade mark or require more trade mark legal assistance, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
There are over 60,000 goods and services listed in the pick list.
Yes, it is cheaper to use the pick list when lodging a trade mark application. The fees are reduced for applications that make use of the pick list.
To help you decide what goods and services to list on that application, you should consider where you make money in your business, what type of business you are running, how your customers know you and what goods and services you provide.