| Trademark Classification and Identification of Goods |
Referenced Items (468, 469, 470) |
(468) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO-T-2007-0004]
RIN 0651-AC10
International Trademark Classification Changes
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
SUMMARY: The United States Patent and Trademark Office (Office) issues a
final rule to incorporate classification changes adopted by the Nice
Agreement Concerning the International Classification of Goods and Services
for the Purposes of the Registration of Marks (Nice Agreement). These
changes became effective January 1, 2007, and are listed in the
International Classification of Goods and Services for the Purposes of the
Registration of Marks (9th ed., 2006), which is published by the World
Intellectual Property Organization (WIPO). In addition, the Office is
amending some punctuation and spelling in certain wording so the wording
conforms to what appears in the Nice Agreement.
DATES: This final rule is effective May 22, 2007.
FOR FURTHER INFORMATION CONTACT: Jessie Roberts, Office of the Commissioner
for Trademarks, by telephone at (571) 272-9574; by facsimile transmission
addressed to her at (571) 273-9574; by e-mail addressed to her at
Jessie.Roberts@USPTO.gov; or by mail marked to her attention and addressed
to the Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA
22313-1451.
SUPPLEMENTARY INFORMATION:
Discussion of Specific Rule Changed
The Office is revising Sec. 6.1 to incorporate classification changes
and modifications that became effective January 1, 2007, or in earlier
revisions of the Nice Agreement, as listed in the International
Classification of Goods and Services for the Purposes of the Registration
of Marks (9th ed., 2006), published by WIPO. In addition, the Office is
revising the punctuation and spelling of certain wording so that it will
conform to what appears in the Nice Agreement.
These revisions have been incorporated into the Nice Agreement. As a
signatory to the Nice Agreement, the United States adopts these revisions
pursuant to Article 1. The following changes are noted:
Class 4 is amended to change "wicks" to "wicks for lighting."
Class 5 is amended to change "pharmaceutical, veterinary, and sanitary
preparations" to "pharmaceutical and veterinary preparations; sanitary
preparations for medical purposes;"
Class 9 is amended to delete "electric" after "surveying;" and to add
"apparatus and instruments for conducting, switching, transforming,
accumulating, regulating or controlling electricity;" before "apparatus
for recording."
Class 16 is amended to delete "playing cards." Playing cards are
classified in Class 28.
Class 21 is amended to delete "(not of precious metal or coated
therewith)" after "Household or kitchen utensils and containers."
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Class 29 is amended to add "frozen" before "dried;" to delete "fruit
sauces" and replace it with "compotes."
Class 42 is amended to delete "Legal services."
Class 45 is amended to add "Legal services" and to reorder the manner
in which the services are listed in the class.
Rule Making Requirements
Administrative Procedure Act: The amendments in this final rule are
procedural in nature as they only reorganize the international
classifications of goods and services and modify the form of the wording.
The reorganization and modification have been established by the Committee
of Experts of the Nice Union and have been promulgated in the volume
entitled International Classification of Goods and Services for the
Purposes of the Registration of Marks (9th ed. 2006). Therefore, prior
notice and an opportunity for public comment are not required pursuant to
5 U.S.C. 553(b)(A), or any other law. Furthermore, pursuant to 5 U.S.C.
553(b)(B), notice and an opportunity for public comment are unnecessary
since the amendments are required by the Nice Agreement, to which the
United States is a signatory.
Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 (or any other
law), the analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are inapplicable.
Executive Order 13132: This final rule does not contain policies with
federalism implications, as that term is defined in Executive Order 13132
(August 4, 1999).
Executive Order 12866: This final rule has been determined to be not
significant for purposes of Executive Order 12866 (September 30, 1993).
Paperwork Reduction Act: This final rule does not involve information
collection requirements which are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 37 CFR Part 6
Trademarks.
For the reasons given in the preamble and under the authority contained
in 35 U.S.C. 2 and 15 U.S.C. 1112 and 1123, as amended, the United States
Patent and Trademark Office is amending part 6 of title 37 as follows:
PART 6 - CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT
1. The authority citation for part 6 continues to read as follows:
Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise noted.
2. Revise Sec. 6.1 to read as follows:
Sec. 6.1 International schedule of classes of goods and services.
GOODS
1. Chemicals used in industry, science and photography, as well as in
agriculture, horticulture and forestry; unprocessed artificial resins,
unprocessed plastics; manures; fire extinguishing compositions; tempering
and soldering preparations; chemical substances for preserving foodstuffs;
tanning substances; adhesives used in industry.
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2. Paints, varnishes, lacquers; preservatives against rust and against
deterioration of wood; colorants; mordants; raw natural resins; metals in
foil and powder form for painters, decorators, printers and artists.
3. Bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations; soaps; perfumery,
essential oils, cosmetics, hair lotions; dentifrices.
4. Industrial oils and greases; lubricants; dust absorbing, wetting and
binding compositions; fuels (including motor spirit) and illuminants;
candles and wicks for lighting.
5. Pharmaceutical and veterinary preparations; sanitary preparations for
medical purposes; dietetic substances adapted for medical use, food for
babies; plasters, materials for dressings; material for stopping teeth,
dental wax; disinfectants; preparations for destroying vermin; fungicides,
herbicides.
6. Common metals and their alloys; metal building materials;
transportable buildings of metal; materials of metal for railway tracks;
non-electric cables and wires of common metal; ironmongery, small items of
metal hardware; pipes and tubes of metal; safes; goods of common metal not
included in other classes; ores.
7. Machines and machine tools; motors and engines (except for land
vehicles); machine coupling and transmission components (except for land
vehicles); agricultural implements other than hand-operated; incubators for
eggs.
8. Hand tools and implements (hand-operated); cutlery; side arms; razors.
9. Scientific, nautical, surveying, photographic, cinematographic,
optical, weighing, measuring, signalling, checking (supervision),
life-saving and teaching apparatus and instruments; apparatus and
instruments for conducting, switching, transforming, accumulating,
regulating or controlling electricity; apparatus for recording,
transmission or reproduction of sound or images; magnetic data carriers,
recording discs; automatic vending machines and mechanisms for
coin-operated apparatus; cash registers, calculating machines, data
processing equipment and computers; fire-extinguishing apparatus.
10. Surgical, medical, dental and veterinary apparatus and instruments,
artificial limbs, eyes and teeth; orthopedic articles; suture materials.
11. Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply and sanitary purposes.
12. Vehicles; apparatus for locomotion by land, air or water.
13. Firearms; ammunition and projectiles; explosives; fireworks.
14. Precious metals and their alloys and goods in precious metals or
coated therewith, not included in other classes; jewelry, precious
stones; horological and chronometric instruments.
15. Musical instruments.
16. Paper, cardboard and goods made from these materials, not included
in other classes; printed matter; bookbinding material; photographs;
stationery; adhesives for stationery or household purposes; artists'
materials; paint brushes; typewriters and office requisites (except
furniture); instructional and teaching material (except apparatus); plastic
materials for packaging (not included in other classes); printers' type;
printing blocks.
17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these
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materials and not included in other classes; plastics in
extruded form for use in manufacture; packing, stopping and insulating
materials; flexible pipes, not of metal.
18. Leather and imitations of leather, and goods made of these materials
and not included in other classes; animal skins, hides; trunks and
travelling bags; umbrellas, parasols and walking sticks; whips, harness and
saddlery.
19. Building materials (non-metallic); non-metallic rigid pipes for
building; asphalt, pitch and bitumen; non-metallic transportable buildings;
monuments, not of metal.
20. Furniture, mirrors, picture frames; goods (not included in other
classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone,
shell, amber, mother-of-pearl, meerschaum and substitutes for all these
materials, or of plastics.
21. Household or kitchen utensils and containers; combs and sponges;
brushes (except paint brushes); brush-making materials; articles for
cleaning purposes; steelwool; unworked or semi-worked glass (except glass
used in building); glassware, porcelain and earthenware not included in
other classes.
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and
bags (not included in other classes); padding and stuffing materials
(except of rubber or plastics); raw fibrous textile materials.
23. Yarns and threads, for textile use.
24. Textiles and textile goods, not included in other classes; bed and
table covers.
25. Clothing, footwear, headgear.
26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes,
pins and needles; artificial flowers.
27. Carpets, rugs, mats and matting, linoleum and other materials for
covering existing floors; wall hangings (non-textile).
28. Games and playthings; gymnastic and sporting articles not included
in other classes; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat extracts; preserved, frozen,
dried and cooked fruits and vegetables; jellies, jams, compotes; eggs,
milk and milk products; edible oils and fats.
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;
flour and preparations made from cereals, bread, pastry and confectionery,
ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces
(condiments); spices; ice.
31. Agricultural, horticultural and forestry products and grains not
included in other classes; live animals; fresh fruits and vegetables;
seeds, natural plants and flowers; foodstuffs for animals, malt.
32. Beers; mineral and aerated waters and other non-alcoholic drinks;
fruit drinks and fruit juices; syrups and other preparations for making
beverages.
33. Alcoholic beverages (except beers).
34. Tobacco; smokers' articles; matches.
SERVICES
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35. Advertising; business management; business administration; office
functions.
36. Insurance; financial affairs; monetary affairs; real estate affairs.
37. Building construction; repair; installation services.
38. Telecommunications.
39. Transport; packaging and storage of goods; travel arrangement.
40. Treatment of materials.
41. Education; providing of training; entertainment; sporting and
cultural activities.
42. Scientific and technological services and research and design
relating thereto; industrial analysis and research services; design and
development of computer hardware and software.
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. Legal services; security services for the protection of property
and individuals; personal and social services rendered by others to meet
the needs of individuals.
JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
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