IPA trademark 10.-divisionals-and-classification — IP Australia Trade Marks Manual of Practice and Procedure – 10. Divisionals and classification

When examining a divisional application, the version of Nice classification which was current at the earliest valid date on the application (e.g. filing date of the parent or the earliest grandparent) should also apply to the classification of the divisional application. For example if a parent application was filed when Nice 9 was current, a valid divisional application divided out of this parent should also be classified according to Nice 9, irrespective of whether a different version of Nice was current at the time the divisional application was filed.