Spoonfeed: A brief word about the Nice Classification and IPOS

All trademark practitioners around the world would be aware that all the goods and services that could possibly be marketed and/or sold are classified into 45 classes, with classes 1 to 34 being for goods and classes 35 to 45 being for services. This classification is purely administrative and does not have a bearing on whether good X would be considered similar to good Y. Rather, the similarity of goods or services under Singapore law is determined by the British Sugar factors e.g. the uses of the goods, the users of the goods, whether the goods are competitive, the physical nature of the goods, and so on. 

Bearing in mind the above, an interesting thing about our Singapore Trademarks Registry is that the Registry would only object to an application if it is identical or similar to a prior mark registered for identical or similar goods/services in the same class. Hence, even if there is an identical mark registered for very closely similar goods/services which fall in a different class, generally, no objections would be raised by the Registry. 

Thus, it is necessary for the proprietor of the earlier mark (falling in a different class) to file opposition proceedings against the application. (For opposition proceedings in Singapore, the requirements are that of marks similarity, goods/services similarity, and a likelihood of confusion as a result thereto).

With that in mind, clients should consider also conducting searches in related classes to anticipate any oppositions filed (even though the mark may be clear for acceptance and publication in the direct class of interest).

I'm not sure about what the practice is in other jurisdictions - if you are aware, please let me know in the comments!