OFFICE ORDER NO. 104 Series of 2003 Adoptation of the 8th Edition of the Nice Classification 
=================================================================================

          Whereas, Republic Act No. 8293 or the Intellectual Property Code of the Philippines and
the Trademark Regulations prescribe the Nice Classification in the categorization of goods and
services covered by mark application or registration; 

          Whereas, the Nice Classification had been amended and came into force in its Eight ( 8th)
Edition on 01 January 2002 establishing the new Classes 43, 44 and 45;

          Whereas, there is a need to amend Rule 416 of the Trademark Regulations to adopt the
new classes of goods and services prescribed under the amended Nice Classification particularly
under Classes 42, 43, 44 and 45 thereof;

          WHEREFORE,  Rule 416 of the Trademark Regulation is hereby amended by
incorporating Classes 42, 43, 44 and 45 of the Nice Classification, to read as follows;         
 
                    Rule 416.  Nice Classification.- The applicant must indicate the names
of the goods or services for which the registration is sought, grouped according to the classes of
the Nice Classification, together with the number of the class of the Nice Classification to which
each group of goods or services belongs.
 
   
                                           (a)  CLASSIFICATION OF GOODS  
    
                                            CLASS     TITLE 
    
                                                 XXX     XXX     
 
                                                   42      Scientific and technological services and research and
                                                             design relating thereto; industrial analysis and research
                                                             services; design and development of computer hardware
                                                             and software; legal services

                                                    43      Services for providing food and drink; temporary
                                                              accommodation

                                                    44      Medical services; veterinary services; hygienic and beauty
                                                              care for human beings or animals; agriculture, horticulture
                                                              and forestry services
 
                                                    45      Personal and social services rendered by others to meet
                                                              the needs of individuals; security services for the protection 
                                                              of property and individuals"

          All mark registrations granted following the old Nice Classification shall be re-classified 
upon renewal thereof subject to payment of the required fees. A mark owner or applicant, 
however, may, prior to its renewal or grant, request for re-classification under the amended Nice 
Classification subject to payment of the required fees.

          For pending applications filed on or after 01 January 2002, the new classification shall be 
observed.

          Examiners are hereby instructed to advise clients to observe the New Classification. 
Examiners are likewise ordered to expand the trademark search process to address the 
consequences of the new classification.

          Ms. Eleanor B. Meņez, Administrative Officer III, is hereby directed to file three(3) certified 
copies of the Office Order with the University of the Philippines Law Center, and one (1) certified 
copy each to the Office of the President, the Senate of the Philippines, the House of 
Representatives, the Supreme Court of the Philippines and the National Library not later than 27 
October 2003.

          Mr. Restituto E. Maligaya, Division Chief, Operations and Maintenance Division, MIS-EDP 
Bureau, is hereby directed to post this Office Order in the IPO Website not later than 27 October 
2003.

          This Office Order shall take effect on 11 November 2003 after fifteen(15) days following its 
publication in a newspaper of general circulation not later than 27 October 2003.

          Done this 20th day of October 2003 at Makati City, Philippines.





                                                     (Sgd.) EMMA C. FRANCISCO 
                                                                Director General

document reference # 30