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Chapter II - The Register and Conditions for Registration

Section 8

Section 8: Alphabetical classification index

The Registrar may publish an alphabetical classification index; unlisted goods or services still require classification under section 7.

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Need advice on Section 8?

This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

(1) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7.

(2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall be determined by the Registrar in accordance with sub-section (2) of section 7.

Rule and business relevance

The index is published in the prescribed manner. Absence of an exact item from the index does not itself mean the business has no classification route.

Limits and related provisions

Do not invent a class simply because a product is novel or absent from an index. The Registrar determines the classification under the referenced provision.

Hypothetical business example

Hypothetical example: A new service description does not appear word-for-word in an index. The applicant analyses its nature and obtains the appropriate classification determination.

Practical decision flow

Search the relevant official classification index.

Describe any unlisted goods or services precisely.

Apply the section 7 determination framework where needed.

Applying the Act and current procedure

Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.

Practical checklist

Do

  • Search the relevant official classification index.
  • Describe any unlisted goods or services precisely.
  • Apply the section 7 determination framework where needed.

Avoid

  • Do not invent a class simply because a product is novel or absent from an index. The Registrar determines the classification under the referenced provision.

Glossary

Alphabetical index
A published index of classified goods and services.
Unlisted item
An item not specified in that index but still requiring classification.

Frequently asked questions

Does an unlisted item automatically fail registration?

This section instead directs its classification to section 7(2).

Must the Registrar publish the index in a particular manner?

The section refers to the prescribed manner.

Can a business select any convenient class?

No. Classification must reflect the actual goods or services and the statutory framework.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026