1401 Classification

1401.01 Statutory Authority

Section 30 of the Trademark Act, 15 U.S.C. §1112, provides authority for establishing a classification system. That section states, in part, as follows:

The Director may establish a classification of goods and services, for convenience of Patent and Trademark Office administration, but not to limit or extend the applicant’s or registrant’s rights.

1401.02 International Trademark Classification Adopted

As of September 1, 1973, the international classification of goods and services is the controlling classification used by the United States, and it applies to all applications filed on or after September 1, 1973, and their resulting registrations, for all statutory purposes. See 37 C.F.R. §2.85(a). Unless otherwise indicated, references in this manual to class refer to the international class.

Prior to September 1, 1973, the United States used its own classification of goods and services, which is different from the international classification. The prior United States classification continues to govern for all statutory purposes for trademark applications filed on or before August 31, 1973, and all registrations issued on the basis of an application filed on or before August 31, 1973, unless the owner of the registration amends the registration to adopt international classification. 37 C.F.R. §2.85(b).

If a registration issued under the United States classification system, the owner of the registration may voluntarily amend to reclassify under the international classification system, pursuant to §7(e) of the Trademark Act, 15 U.S.C. §1057(e), if the owner pays the required fee. 37 C.F.R. §§2.6 and 2.85(e)(3). See TMEP §1609.04.

Classification schedules are set forth in Part 6 of the Trademark Rules of Practice. See 37 C.F.R. §6.1 for the international classification schedule for goods and services, 37 C.F.R. §6.2 for the prior United States classification schedule for goods and services, 37 C.F.R. §6.3 for certification marks, and 37 C.F.R. §6.4 for collective membership marks.

1401.02(a) Headings of International Trademark Classes

International trademark classification, and the headings of the international trademark classes, are established by the Committee of Experts of the Nice Union and set forth in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) published annually by the World Intellectual Property Organization (WIPO) on its website. See TMEP §1401.02(c) for further information.

In 2013, the Committee of Experts began annual revisions to the Nice Classification. The annual revisions, which are published electronically and enter into force on January 1 each year, are referred to as versions and identified by edition number and year of the effective date (e.g., "Nice Classification, 10th edition, version 2013," "Nice 10-2013," or "NCL 10-2013"). Each annual version includes all changes adopted by the Committee of Experts since the adoption of the previous version. The changes consist of the addition of new goods and services to and deletion of goods and services from the Alphabetical List, and any modifications to the wording in the Alphabetical List, the class headings, and the explanatory notes that do not involve the transfer of goods or services from one class to another. New editions include all changes adopted annually since the previous edition and version, as well as all amendments since the previous edition. Amendments consist of goods or services transferred from one class to another or new classes that are created. The 5th through the 10th Editions of the Nice Agreement entered into force every five years. The 11th Edition of the Nice Agreement will remain in effect for six years. Beginning in 2023, new editions of the Nice Agreement will be issued every three years.

The Nice Agreement Current Edition/Version page sets forth the general remarks, class numbers, class headings and explanatory notes for the current edition and version of the Nice Agreement. The USPTO's Nice Agreement Archives page includes links to class headings and explanatory notes under previous editions and versions of the 10th Edition and previous versions of the 11th Edition of the Nice Agreement. Current and prior editions and versions of the Nice Agreement are also accessible via WIPO’s website at http://www.wipo.int/classifications/nice/en. See also TMEP §1401.02(c).

Nice Classification, 11th edition, version 2022 ("NCL 11-2022" or "Nice 11-2022") became effective January 1, 2022. The general remarks, class numbers, class headings, and explanatory notes for each international class under NCL 11-2022 are set forth below. The word or words in parentheses following the class numbers are short titles for the classes that are used exclusively in the United States Patent and Trademark Office (USPTO) and are not part of the official text of the Nice Classification. See TMEP §1401.02(b).

NCL 11-2022 is available on USPTO’s Nice Agreement Current Edition/Version page and on WIPO’s website, http://www.wipo.int/classifications/nice/en, beginning on January 1, 2022.

GENERAL REMARKS

The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.

Goods

If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.
(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. However if a good has a primary purpose it should be classified in this class. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.
(c) Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.
(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.
(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.
(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.

Services

If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.
(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Cl. 38). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in Class 36 as a financial service.
(c) Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.
(d) Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (Cl. 35), financing services relating to franchising (Cl. 36), legal services relating to franchising (Cl. 45)).

GOODS

CLASS 1

(Chemicals)

Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

Explanatory Note

Class 1 includes mainly chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes.

This Class includes, in particular:

sensitized paper;
tyre repairing compositions;
salt for preserving, other than for foodstuffs;
certain additives for use in the food industry, for example, pectin, lecithin, enzymes and chemical preservatives;
certain ingredients for use in the manufacture of cosmetics and pharmaceuticals, for example, vitamins, preservatives and antioxidants;
certain filtering materials, for example, mineral substances, vegetable substances and ceramic materials in particulate form.

This Class does not include, in particular:

raw natural resins (Cl. 2), semi-processed resins (Cl. 17);
chemical preparations for medical or veterinary purposes (Cl. 5);
fungicides, herbicides and preparations for destroying vermin (Cl. 5);
adhesives for stationery or household purposes (Cl. 16);
salt for preserving foodstuffs (Cl. 30);
straw mulch (Cl. 31).

CLASS 2

(Paints)

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

Explanatory Note

Class 2 includes mainly paints, colorants and preparations used for protection against corrosion.

This Class includes, in particular:

paints, varnishes and lacquers for industry, handicrafts and arts;
thinners, thickeners, fixatives and siccatives for paints, varnishes and lacquers;
mordants for wood and leather;
anti-rust oils and oils for the preservation of wood;
dyestuffs for clothing;
colorants for foodstuffs and beverages.

This Class does not include, in particular:

unprocessed artificial resins (Cl. 1), semi-processed resins (Cl. 17);
mordants for metals (Cl. 1) ;
laundry blueing (Cl. 3);
cosmetic dyes (Cl. 3);
paint boxes (articles for use in school) (Cl. 16);
inks for stationery purposes (Cl. 16);
insulating paints and varnishes (Cl. 17).

CLASS 3

(Cosmetics and cleaning preparations)

Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.

Explanatory Note

Class 3 includes mainly non-medicated toiletry preparations, as well as cleaning preparations for use in the home and other environments.

This Class includes, in particular:

sanitary preparations being toiletries;
tissues impregnated with cosmetic lotions;
deodorants for human beings or for animals;
room fragrancing preparations;
nail art stickers;
polishing wax;
sandpaper.

This Class does not include, in particular:

ingredients for use in the manufacture of cosmetics, for example, vitamins, preservatives and antioxidants (Cl. 1);
degreasing preparations for use in manufacturing processes (Cl. 1);
chemical chimney cleaners (Cl. 1);
deodorants, other than for human beings or for animals (Cl. 5);
medicated shampoos, soaps, lotions and dentifrices (Cl. 5);
emery boards, emery files, sharpening stones and grindstones (hand tools) (Cl. 8);
cosmetic and cleaning instruments, for example, make-up brushes (Cl. 21), cloths, pads and rags for cleaning (Cl. 21).

CLASS 4

(Lubricants and fuels)

Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.

Explanatory Note

Class 4 includes mainly industrial oils and greases, fuels and illuminants.

This Class includes, in particular:

oils for the preservation of masonry or of leather;
raw wax, industrial wax;
electrical energy;
motor fuels, biofuels;
non-chemical additives for fuels;
wood for use as fuel.

This Class does not include, in particular:

certain special industrial oils and greases, for example, oils for tanning leather (Cl. 1), oils for the preservation of wood, anti-rust oils and greases (Cl. 2), essential oils (Cl. 3);
massage candles for cosmetic purposes (Cl. 3) and medicated massage candles (Cl. 5);
certain special waxes, for example, grafting wax for trees (Cl. 1), tailors’ wax, polishing wax, depilatory wax (Cl. 3), dental wax (Cl. 5), sealing wax (Cl. 16);
wicks adapted for oil stoves (Cl. 11) and for cigarette lighters (Cl. 34).

CLASS 5

(Pharmaceuticals)

Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Explanatory Note

Class 5 includes mainly pharmaceuticals and other preparations for medical or veterinary purposes.

This Class includes, in particular:

sanitary preparations for personal hygiene, other than toiletries;
diapers for babies and for incontinence;
deodorants, other than for human beings or for animals;
medicated shampoos, soaps, lotions and dentifrices;
dietary supplements intended to supplement a normal diet or to have health benefits;
meal replacements and dietetic food and beverages adapted for medical or veterinary use.

This Class does not include, in particular:

ingredients for use in the manufacture of pharmaceuticals, for example, vitamins, preservatives and antioxidants (Cl. 1);
sanitary preparations being non-medicated toiletries (Cl. 3);
deodorants for human beings or for animals (Cl. 3);
support bandages, orthopaedic bandages (Cl. 10);
meal replacements and dietetic food and beverages not specified as being for medical or veterinary use, which should be classified in the appropriate food or beverage classes, for example, low-fat potato crisps (Cl. 29), high-protein cereal bars (Cl. 30), isotonic beverages (Cl. 32).

CLASS 6

(Metal goods)

Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.

Explanatory Note

Class 6 includes mainly unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals.

This Class includes, in particular:

metals in foil or powder form for further processing, for example, for 3D printers;
metal building materials, for example, materials of metal for railway tracks, pipes and tubes of metal;
small items of metal hardware, for example, bolts, screws, nails, furniture casters, window fasteners;
transportable buildings or structures of metal, for example, prefabricated houses, swimming pools, cages for wild animals, skating rinks;
certain goods made of common metals not otherwise classified by function or purpose, for example, all-purpose boxes of common metal, statues, busts and works of art of common metal.

This Class does not include, in particular:

metals and ores used as chemicals in industry or scientific research for their chemical properties, for example, bauxite, mercury, antimony, alkaline and alkaline-earth metals (Cl. 1);
metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2);
electric cables (Cl. 9) and non-electric cables and ropes, not of metal (Cl. 22);
pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses, not of metal (Cl. 17) and rigid pipes, not of metal (Cl. 19);
cages for household pets (Cl. 21);
certain goods made of common metals that are classified according to their function or purpose, for example, hand tools, hand-operated (Cl. 8), paper clips (Cl. 16), furniture (Cl. 20), kitchen utensils (Cl. 21), household containers (Cl. 21).

CLASS 7

(Machinery)

Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.

Explanatory Note

Class 7 includes mainly machines and machine tools, motors and engines.

This Class includes, in particular:

parts of motors and engines of all kinds, for example, starters, mufflers and cylinders for motors and engines of any type;
electric cleaning and polishing apparatus, for example, electric shoe polishers, electric machines and apparatus for carpet shampooing and vacuum cleaners;
3D printers;
industrial robots;
certain special vehicles not for transportation purposes, for example, road sweeping machines, road making machines, bulldozers, snow ploughs, as well as rubber tracks as parts of those vehicles’ crawlers.

This Class does not include, in particular:

hand tools and implements, hand-operated (Cl. 8);
humanoid robots with artificial intelligence, laboratory robots, teaching robots, security surveillance robots (Cl. 9), surgical robots (Cl. 10), robotic cars (Cl. 12), robotic drums (Cl. 15), toy robots (Cl. 28);
motors and engines for land vehicles (Cl. 12);
treads for vehicles, as well as tyres for all kinds of vehicle wheels (Cl. 12);
certain special machines, for example, automated teller machines (Cl. 9), respirators for artificial respiration (Cl. 10), refrigerating apparatus and machines (Cl. 11).

CLASS 8

(Hand tools)

Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.

Explanatory Note

Class 8 includes mainly hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting and piercing.

This Class includes, in particular:

hand-operated agricultural, gardening and landscaping tools;
hand-operated tools for carpenters, artists and other craftspersons, for example, hammers, chisels and gravers;
handles for hand-operated hand tools, such as knives and scythes;
electric and non-electric hand implements for personal grooming and body art, for example, razors, implements for hair curling, tattooing, and for manicure and pedicure;
hand-operated pumps;
table cutlery, such as knives, forks and spoons, including those made of precious metals.

This Class does not include, in particular:

machine tools and implements driven by a motor (Cl. 7);
surgical cutlery (Cl. 10);
pumps for bicycle tyres (Cl. 12), pumps specially adapted for use with balls for games (Cl. 28);
side arms being firearms (Cl. 13);
paper knives and paper shredders for office use (Cl. 16);
handles for objects that are classified in various classes according to their function or purpose, for example, walking stick handles, umbrella handles (Cl. 18), broom handles (Cl. 21);
serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles, and kitchen utensils, for example, mixing spoons, pestles and mortars, nutcrackers and spatulas (Cl. 21);
fencing weapons (Cl. 28).

CLASS 9

(Electrical and scientific apparatus)

Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus.

Explanatory Note

Class 9 includes mainly apparatus and instruments for scientific or research purposes, audiovisual and information technology equipment, as well as safety and life-saving equipment.

This Class includes, in particular:

apparatus and instruments for scientific research in laboratories;
training apparatus and simulators, for example, resuscitation mannequins, simulators for the steering and control of vehicles;
apparatus and instruments for controlling and monitoring aircraft, watercraft and unmanned vehicles, for example, navigational instruments, transmitters, compasses for measuring, GPS apparatus, automatic steering apparatus for vehicles;
safety and security apparatus and instruments, for example, safety nets, signalling lights, traffic-light apparatus, fire engines, sound alarms, security tokens being encryption devices;
clothing that protects against serious or life-threatening injuries, for example, clothing for protection against accidents, irradiation and fire, bullet-proof clothing, protective helmets, head guards for sports, mouth guards for sports, protective suits for aviators, knee-pads for workers;
optical apparatus and instruments, for example, eyeglasses, contact lenses, magnifying glasses, mirrors for inspecting work, peepholes;
magnets;
smartwatches, wearable activity trackers;
joysticks for use with computers, other than for video games, virtual reality headsets, smartglasses;
eyeglass cases, cases for smartphones, cases especially made for photographic apparatus and instruments;
automated teller machines, invoicing machines, material testing instruments and machines;
batteries and chargers for electronic cigarettes;
electric and electronic effects units for musical instruments;
laboratory robots, teaching robots, security surveillance robots, humanoid robots with artificial intelligence for use in scientific research.

This Class does not include, in particular:

joysticks being parts of machines, other than for game machines (Cl. 7), vehicle joysticks (Cl. 12), joysticks for video games, controllers for toys and game consoles (Cl. 28);
coin-operated apparatus that are classified in various classes according to their function or purpose, for example, coin-operated washing machines (Cl. 7), coin-operated billiard tables (Cl. 28);
industrial robots (Cl. 7), surgical robots (Cl. 10), toy robots (Cl. 28);
pulse meters, heart rate monitoring apparatus, body composition monitors (Cl. 10);
laboratory lamps, laboratory burners (Cl. 11);
diving lights (Cl. 11);
explosive fog signals, signal rocket flares (Cl. 13);
histological sections for teaching purposes, biological samples for use in microscopy as teaching materials (Cl. 16);
clothing and equipment worn for the practice of certain sports, for example, protective paddings being parts of sports suits, fencing masks, boxing gloves (Cl. 28).

CLASS 10

(Medical apparatus)

Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.

Explanatory Note

Class 10 includes mainly surgical, medical, dental and veterinary apparatus, instruments and articles generally used for the diagnosis, treatment or improvement of function or condition of persons and animals.

This Class includes, in particular:

support bandages, orthopaedic bandages;
special clothing for medical purposes, for example, compression garments, stockings for varices, strait jackets, orthopaedic footwear;
articles, instruments and devices for menstruation, contraception and childbirth, for example, menstrual cups, pessaries, condoms, childbirth mattresses, forceps;
therapeutic and prosthetic articles and devices for implantation made of artificial or synthetic materials, for example, surgical implants comprised of artificial materials, artificial breasts, brain pacemakers, biodegradable bone fixation implants;
furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables.

This Class does not include, in particular:

medical dressings and absorbent sanitary articles, for example, plasters, bandages and gauze for dressings, breast-nursing pads, diapers for babies and for incontinence, tampons (Cl. 5);
surgical implants comprised of living tissue (Cl. 5);
tobacco-free cigarettes for medical purposes (Cl. 5) and electronic cigarettes (Cl. 34);
wheelchairs and mobility scooters (Cl. 12);
massage tables and hospital beds (Cl. 20).

CLASS 11

(Environmental control apparatus)

Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

Explanatory Note

Class 11 includes mainly environmental control apparatus and installations, in particular, for the purposes of lighting, cooking, cooling and sanitizing.

This Class includes, in particular:

air-conditioning apparatus and installations;
ovens, other than for laboratory use, for example, dental ovens, microwave ovens, bakers’ ovens;
stoves being heating apparatus;
solar thermal collectors;
chimney flues, chimney blowers, hearths, domestic fireplaces;
sterilizers, incinerators;
lighting apparatus and installations, for example, luminous tubes for lighting, searchlights, luminous house numbers, vehicle reflectors, lights for vehicles;
lamps, for example, electric lamps, gas lamps, laboratory lamps, oil lamps, street lamps, safety lamps;
tanning beds;
bath installations, bath fittings, bath plumbing fixtures; toilets, urinals;
fountains, chocolate fountains;
electrically heated pads, cushions and blankets, not for medical purposes;
hot water bottles;
electrically heated clothing;
electric appliances for making yogurt, bread-making machines, coffee machines, ice-cream making machines;
ice machines and apparatus.

This Class does not include, in particular:

steam producing apparatus being parts of machines (Cl. 7);
air condensers (Cl. 7);
current generators, generators of electricity (Cl. 7);
soldering lamps (Cl. 7), optical lamps, darkroom lamps (Cl. 9), lamps for medical purposes (Cl. 10);
ovens for laboratory use (Cl. 9);
photovoltaic cells (Cl. 9);
signalling lights (Cl. 9);
electrically heated pads, cushions and blankets, for medical purposes (Cl. 10);
portable baby baths (Cl. 21);
non-electric portable coolers (Cl. 21);
cooking utensils that do not have an integrated heat source, for example, non-electric griddles and grills, non-electric waffle irons, non-electric pressure cookers (Cl. 21);
footmuffs, not electrically heated (Cl. 25).

CLASS 12

(Vehicles)

Vehicles; apparatus for locomotion by land, air or water.

Explanatory Note

Class 12 includes mainly vehicles and apparatus for the transport of people or goods by land, air or water.

This Class includes, in particular:

motors and engines for land vehicles;
couplings and transmission components for land vehicles;
air cushion vehicles;
remote control vehicles, other than toys;
parts of vehicles, for example, bumpers, windscreens, steering wheels;
treads for vehicles, as well as tyres for all kinds of vehicle wheels.

This Class does not include, in particular:

railway material of metal (Cl. 6);
motors, engines, couplings and transmission components, other than for land vehicles (Cl. 7);
parts of all kinds of motors and engines, for example, starters, mufflers and cylinders for motors and engines (Cl. 7);
rubber tracks being parts of crawlers on construction, mining, agricultural and other heavy-duty machines (Cl. 7);
tricycles for infants and scooters, being toys (Cl. 28);
certain special vehicles or wheeled apparatus not for transportation purposes, for example, self-propelled road sweeping machines (Cl. 7), fire engines (Cl. 9), tea carts (Cl. 20);
certain parts of vehicles, for example, electric batteries, mileage recorders and radios for vehicles (Cl. 9), lights for automobiles and bicycles (Cl. 11), automobile carpets (Cl. 27).

CLASS 13

(Firearms)

Firearms; ammunition and projectiles; explosives; fireworks.

Explanatory Note

Class 13 includes mainly firearms and pyrotechnic products.

This Class includes, in particular:

rescue flares, explosive or pyrotechnic;
flare pistols;
sprays for personal defence purposes;
explosive fog signals, signal rocket flares;
air pistols being weapons;
bandoliers for weapons;
sporting firearms, hunting firearms.

This Class does not include, in particular:

grease for weapons (Cl. 4);
blades being weapons (Cl. 8);
side arms, other than firearms (Cl. 8);
non-explosive fog signals, rescue laser signalling flares (Cl. 9);
telescopic sights for firearms (Cl. 9);
flaming torches (Cl. 11);
Christmas crackers (Cl. 28);
percussion caps being toys (Cl. 28);
toy air pistols (Cl. 28);
matches (Cl. 34).

CLASS 14

(Jewelry)

Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.

Explanatory Note

Class 14 includes mainly precious metals and certain goods made of precious metals or coated therewith, as well as jewellery, clocks and watches, and component parts therefor.

This Class includes, in particular:

jewellery, including imitation jewellery, for example, paste jewellery;
cuff links, tie pins, tie clips;
key rings, key chains and charms therefor;
jewellery charms;
jewellery boxes;
component parts for jewellery, clocks and watches, for example, clasps and beads for jewellery, movements for clocks and watches, clock hands, watch springs, watch crystals.

This Class does not include, in particular:

smartwatches (Cl. 9);
charms, other than for jewellery, key rings or key chains (Cl. 26);
objects of art not made of precious metals or coated therewith that are classified according to the material of which they are made, for example, works of art of metal (Cl. 6), of stone, concrete or marble (Cl. 19), of wood, wax, plaster or plastic (Cl. 20), of porcelain, ceramic, earthenware, terra-cotta or glass (Cl. 21);
certain goods made of precious metals or coated therewith that are classified according to their function or purpose, for example, metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2), dental amalgams of gold (Cl. 5), cutlery (Cl. 8), electric contacts (Cl. 9), pen nibs of gold (Cl. 16), teapots (Cl. 21), gold and silver embroidery (Cl. 26), cigar boxes (Cl. 34).

CLASS 15

(Musical instruments)

Musical instruments; music stands and stands for musical instruments; conductors’ batons.

Explanatory Note

Class 15 includes mainly musical instruments, their parts and their accessories.

This Class includes, in particular:

mechanical musical instruments and their accessories, for example, barrel organs, mechanical pianos, intensity regulators for mechanical pianos, robotic drums;
musical boxes;
electrical and electronic musical instruments;
strings, reeds, pegs and pedals for musical instruments;
tuning forks, tuning hammers;
colophony (rosin) for stringed musical instruments.

This Class does not include, in particular:

apparatus for the recording, transmission, amplification and reproduction of sound, for example, electric and electronic effects units for musical instruments, wah-wah pedals, audio interfaces, audio mixers, equalisers being audio apparatus, subwoofers (Cl. 9);
downloadable music files (Cl. 9);
downloadable electronic sheet music (Cl. 9), printed sheet music (Cl. 16);
juke boxes, musical (Cl. 9);
metronomes (Cl. 9);
musical greeting cards (Cl. 16).

CLASS 16

(Paper goods and printed matter)

Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks.

Explanatory Note

Class 16 includes mainly paper, cardboard and certain goods made of those materials, as well as office requisites.

This Class includes, in particular:

paper knives and paper cutters;
cases, covers and devices for holding or securing paper, for example, document files, money clips, holders for cheque books, paper-clips, passport holders, scrapbooks;
certain office machines, for example, typewriters, duplicators, franking machines for office use, pencil sharpeners;
painting articles for use by artists and interior and exterior painters, for example, artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays;
certain disposable paper products, for example, bibs, handkerchiefs and table linen of paper;
certain goods made of paper or cardboard not otherwise classified by function or purpose, for example, paper bags, envelopes and containers for packaging, statues, figurines and works of art of paper or cardboard, such as figurines of papier mâché, framed or unframed lithographs, paintings and watercolours.

This Class does not include, in particular:

paints (Cl. 2);
hand tools for artists, for example, spatulas, sculptors’ chisels (Cl. 8);
teaching apparatus, for example, audiovisual teaching apparatus, resuscitation mannequins (Cl. 9), and toy models (Cl. 28);
certain goods made of paper or cardboard that are classified according to their function or purpose, for example, photographic paper (Cl. 1), abrasive paper (Cl. 3), paper blinds (Cl. 20), table cups and plates of paper (Cl. 21), bed linen of paper (Cl. 24), paper clothing (Cl. 25), cigarette paper (Cl. 34).

CLASS 17

(Rubber goods)

Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.

Explanatory Note

Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain goods made of rubber, gutta-percha, gum, asbestos, mica or substitutes therefor.

This Class includes, in particular:

rubber material for recapping tyres;
floating anti-pollution barriers;
adhesive tapes, other than stationery and not for medical or household purposes;
plastic films, other than for wrapping and packaging, for example, anti-dazzle films for windows;
elastic threads and threads of rubber or plastic, not for textile use;
certain goods made of the materials in this class not otherwise classified by function or purpose, for example, foam supports for flower arrangements, padding and stuffing materials of rubber or plastics, rubber stoppers, shock-absorbing buffers of rubber, rubber bags or envelopes for packaging.

This Class does not include, in particular:

fire hose (Cl. 9);
pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and not of metal (Cl. 19);
insulating glass for building (Cl. 19);
certain goods made of the materials in this class that are classified according to their function or purpose, for example, gum resins (Cl. 2), rubber for dental purposes (Cl. 5), asbestos screens for firemen (Cl. 9), adhesive rubber patches for repairing inner tubes (Cl. 12), rubber erasers (Cl. 16).

CLASS 18

(Leather goods)

Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

Explanatory Note

Class 18 includes mainly leather, imitations of leather and certain goods made of those materials.

This Class includes, in particular:

luggage and carrying bags, for example, suitcases, trunks, travelling bags, sling bags for carrying infants, school bags;
luggage or baggage tags;
business card cases and pocket wallets;
boxes and cases of leather or leatherboard.

This Class does not include, in particular:

walking sticks or canes for medical purposes (Cl. 10);
clothing, footwear and headwear of leather for human beings (Cl. 25);
bags and cases adapted to the product they are intended to contain, for example, bags adapted for laptops (Cl. 9), bags and cases for cameras and photographic equipment (Cl. 9), cases for musical instruments (Cl. 15), golf bags with or without wheels, bags especially designed for skis and surfboards (Cl. 28);
certain goods made of leather, imitations of leather, animal skins and hides that are classified according to their function or purpose, for example, leather strops (Cl. 8), polishing leather (Cl. 21), chamois leather for cleaning (Cl. 21), leather belts for clothing (Cl. 25).

CLASS 19

(Non-metallic building materials)

Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal.

Explanatory Note

Class 19 includes mainly materials, not of metal, for building and construction.

This Class includes, in particular:

semi-worked woods for use in building, for example, beams, planks, panels;
wood veneers;
building glass, for example, glass tiles, insulating glass for building, safety glass;
glass granules for marking out roads;
granite, marble, gravel;
terra-cotta for use as a building material;
roofing, not of metal, incorporating photovoltaic cells;
gravestones and tombs, not of metal;
statues, busts and works of art of stone, concrete or marble;
letter boxes of masonry;
geotextiles;
coatings being building materials;
scaffolding, not of metal;
transportable buildings or structures, not of metal, for example, aquaria, aviaries, flagpoles, porches, swimming pools .

This Class does not include, in particular:

cement preservatives, cement-waterproofing preparations (Cl. 1);
fireproofing preparations (Cl. 1);
wood preservatives (Cl. 2);
oils for releasing form work for building (Cl. 4);
letter boxes of metal (Cl. 6) and not of metal or masonry (Cl. 20);
statues, busts and works of art of common metal (Cl. 6), of precious metal (Cl. 14), of wood, wax, plaster or plastic (Cl. 20), of porcelain, ceramic, earthenware, terra-cotta or glass (Cl. 21);
certain pipes, not of metal, not for building, for example, pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses, not of metal (Cl. 17);
substances for insulating buildings against moisture (Cl. 17);
glass for vehicle windows (semi-finished product) (Cl. 21);
birdcages (Cl. 21);
mats and matting, linoleum and other materials for covering existing floors (Cl. 27);
unsawn or undressed timber (Cl. 31).

CLASS 20

(Furniture and articles not otherwise classified)

Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

Explanatory Note

Class 20 includes mainly furniture and parts therefor, as well as certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic.

This Class includes, in particular:

metal furniture, furniture for camping, gun racks, newspaper display stands;
indoor window blinds and shades;
bedding, for example, mattresses, bed bases, pillows;
looking glasses, furniture and toilet mirrors;
registration plates, not of metal;
small items of hardware, not of metal, for example, bolts, screws, dowels, furniture casters, collars for fastening pipes;
letter boxes, not of metal or masonry.

This Class does not include, in particular:

special furniture for laboratories (Cl. 9) or for medical use (Cl. 10);
outdoor blinds of metal (Cl. 6), not of metal and not of textile (Cl. 19), of textile (Cl. 22);
bed linen, eiderdowns and sleeping bags (Cl. 24);
certain mirrors for specific uses, for example, mirrors used in optical goods (Cl. 9), mirrors used in surgery or dentistry (Cl. 10), rearview mirrors (Cl. 12), sighting mirrors for guns (Cl. 13);
certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic, that are classified according to their function or purpose, for example, beads for making jewellery (Cl. 14), wooden floor boards (Cl. 19), baskets for domestic use (Cl. 21), plastic cups (Cl. 21), reed mats (Cl. 27).

CLASS 21

(Housewares and glass)

Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.

Explanatory Note

Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use, as well as cosmetic and toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware, terra-cotta or glass.

This Class includes, in particular:

household and kitchen utensils, for example, fly swatters, clothes-pegs, mixing spoons, basting spoons and corkscrews, as well as serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles;
household, kitchen and cooking containers, for example, vases, bottles, piggy banks, pails, cocktail shakers, cooking pots and pans, and non-electric kettles and pressure cookers;
small hand-operated kitchen apparatus for mincing, grinding, pressing or crushing, for example, garlic presses, nutcrackers, pestles and mortars;
dish stands and decanter stands;
cosmetic utensils, for example, electric and non-electric combs and toothbrushes, dental floss, foam toe separators for use in pedicures, powder puffs, fitted vanity cases;
gardening articles, for example, gardening gloves, window-boxes, watering cans and nozzles for watering hose;
indoor aquaria, terrariums and vivariums.

This Class does not include, in particular:

cleaning preparations (Cl. 3);
containers for storage and transport of goods, of metal (Cl. 6), not of metal (Cl. 20);
small apparatus for mincing, grinding, pressing or crushing, which are driven by electricity (Cl. 7);
razors and shaving apparatus, hair and nail clippers, electric and non-electric implements for manicure and pedicure, for example, manicure sets, emery boards, cuticle nippers (Cl. 8);
table cutlery (Cl. 8) and hand-operated cutting tools for kitchen use, for example, vegetable shredders, pizza cutters, cheese slicers (Cl. 8);
lice combs, tongue scrapers (Cl. 10);
cooking utensils, electric (Cl. 11);
toilet mirrors (Cl. 20);
certain goods made of glass, porcelain and earthenware that are classified according to their function or purpose, for example, porcelain for dental prostheses (Cl. 5), spectacle lenses (Cl. 9), glass wool for insulation, acrylic or organic glass, semi-processed (Cl. 17), earthenware tiles (Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 22).

CLASS 22

(Cordage and fibers)

Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

Explanatory Note

Class 22 includes mainly canvas and other materials for making sails, rope, padding, cushioning and stuffing materials and raw fibrous textile materials.

This Class includes, in particular:

cords and twines made of natural or artificial textile fibres, paper or plastics;
fishing nets, hammocks, rope ladders;
vehicle covers, not fitted;
certain sacks and bags not otherwise classified by function or purpose, for example, mesh bags for washing laundry, body bags, mail bags;
packaging bags of textile;
animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or treated wool, raw silk.

This Class does not include, in particular:

metal ropes (Cl. 6);
strings for musical instruments (Cl. 15) and for sports rackets (Cl. 28);
padding and stuffing materials of paper or cardboard (Cl. 16), rubber or plastics (Cl. 17);
certain nets and bags that are classified according to their function or purpose, for example, safety nets (Cl. 9), luggage nets for vehicles (Cl. 12), garment bags for travel (Cl. 18), hair nets (Cl. 26), golf bags (Cl. 28), nets for sports (Cl. 28);
packaging bags, not of textile, which are classified according to the material of which they are made, for example, packaging bags of paper or plastics (Cl. 16), of rubber (Cl. 17), of leather (Cl. 18).

CLASS 23

(Yarns and threads)

Yarns and threads for textile use.

Explanatory Note

Class 23 includes mainly natural or synthetic yarns and threads for textile use.

This Class includes, in particular:

fibreglass, elastic, rubber and plastic threads for textile use;
threads for embroidery, darning and sewing, including those of metal;
spun silk, spun cotton, spun wool.

This Class does not include, in particular:

certain threads for specific uses, for example, identification threads for electric wires (Cl. 9), surgical thread (Cl. 10), threads of precious metal being jewellery (Cl. 14);
threads, other than for textile use, that are classified according to the material of which they are made, for example, threads for binding of metal (Cl. 6) and not of metal (Cl. 22), elastic threads, threads of rubber or plastic (Cl. 17), fibreglass threads (Cl. 21).

CLASS 24

(Fabrics)

Textiles and substitutes for textiles; household linen; curtains of textile or plastic.

Explanatory Note

Class 24 includes mainly fabrics and fabric covers for household use.

This Class includes, in particular:

household linen, for example, bedspreads, pillow shams, towels of textile;
bed linen of paper;
sleeping bags, sleeping bag liners;
mosquito nets.

This Class does not include, in particular:

electrically heated blankets, for medical purposes (Cl. 10) and not for medical purposes (Cl. 11);
table linen of paper (Cl. 16);
asbestos safety curtains (Cl. 17), bamboo curtains and bead curtains for decoration (Cl. 20);
horse blankets (Cl. 18);
certain textiles and fabrics for specific uses, for example, fabrics for bookbinding (Cl. 16), insulating fabrics (Cl. 17), geotextiles (Cl. 19).

CLASS 25

(Clothing)

Clothing, footwear, headwear.

Explanatory Note

Class 25 includes mainly clothing, footwear and headwear for human beings.

This Class includes, in particular:

parts of clothing, footwear and headwear, for example, cuffs, pockets, ready-made linings, heels and heelpieces, cap peaks, hat frames (skeletons);
clothing and footwear for sports, for example, ski gloves, sports singlets, cyclists' clothing, judo and karate uniforms, football shoes, gymnastic shoes, ski boots;
masquerade costumes;
paper clothing, paper hats for use as clothing;
bibs, not of paper;
pocket squares;
footmuffs, not electrically heated.

This Class does not include, in particular:

small items of hardware used in shoemaking, for example, shoe pegs and shoe dowels of metal (Cl. 6) and not of metal (Cl. 20), as well as haberdashery accessories and fastenings for clothing, footwear and headwear, for example, clasps, buckles, zippers, ribbons, hatbands, hat and shoe trimmings (Cl. 26);
certain clothing, footwear and headwear for special use, for example, protective helmets, including for sports (Cl. 9), clothing for protection against fire (Cl. 9), clothing especially for operating rooms (Cl. 10), orthopaedic footwear (Cl. 10), as well as clothing and footwear that are essential for the practice of certain sports, for example, baseball gloves, boxing gloves, ice skates (Cl. 28);
electrically heated clothing (Cl. 11);
electrically heated footmuffs (Cl. 11), fitted footmuffs for pushchairs and prams (Cl. 12);
bibs of paper (Cl. 16);
handkerchiefs of paper (Cl. 16) and of textile (Cl. 24);
clothing for animals (Cl. 18);
carnival masks (Cl. 28);
dolls' clothes (Cl. 28);
paper party hats (Cl. 28).

CLASS 26

(Fancy goods)

Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

Explanatory Note

Class 26 includes mainly dressmakers’ articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes.

This Class includes, in particular:

wigs, toupees, false beards;
barrettes, hair bands;
ribbons and bows being haberdashery or used as hair decorations, made of any material;
ribbons and bows for gift wrapping, not of paper;
hair nets;
buckles, zippers;
charms, other than for jewellery, key rings or key chains;
artificial Christmas garlands and wreaths, including those incorporating lights;
certain articles for curling hair, for example, electric and non-electric hair curlers, other than hand implements, hair curling pins, hair curling paper.

This Class does not include, in particular:

false eyelashes (Cl. 3);
hooks being small items of metal hardware (Cl. 6) or hardware, not of metal (Cl. 20), curtain hooks (Cl. 20);
certain special types of needles, for example, tattoo needles (Cl. 8), needles for surveying compasses (Cl. 9), needles for medical purposes (Cl. 10), needles for pumps for inflating balls for games (Cl. 28);
hand implements for curling hair, for example, curling tongs, eyelash curlers (Cl. 8);
hair prostheses (Cl. 10);
jewellery charms, charms for key rings or key chains (Cl. 14);
certain ribbons and bows, for example, paper ribbons and bows, other than haberdashery or hair decorations (Cl. 16), rhythmic gymnastics ribbons (Cl. 28);
yarns and threads for textile use (Cl. 23);
Christmas trees of synthetic material (Cl. 28).

CLASS 27

(Floor coverings)

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile.

Explanatory Note

Class 27 includes mainly products intended to be added as coverings to previously constructed floors and walls.

This Class includes, in particular:

automobile carpets;
mats being floor coverings, for example, bath mats, door mats, gymnastic mats, yoga mats;
artificial turf;
wallpaper, including textile wallpaper.

This Class does not include, in particular:

floors, floorings and floor tiles of metal (Cl. 6) and not of metal (Cl. 19), wooden floor boards (Cl. 19);
electrically heated carpets (Cl. 11);
geotextiles (Cl. 19);
mats for infant playpens (Cl. 20);
wall hangings of textile (Cl. 24).

CLASS 28

(Toys and sporting goods)

Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.

Explanatory Note

Class 28 includes mainly toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees.

This Class includes, in particular:

amusement and game apparatus, including controllers therefor;
novelty toys for playing jokes and for parties, for example, carnival masks, paper party hats, confetti, party poppers and Christmas crackers;
hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, hunting game calls;
equipment for various sports and games.

This Class does not include, in particular:

Christmas tree candles (Cl. 4), electric lights for Christmas trees (Cl. 11), confectionery and chocolate decorations for Christmas trees (Cl. 30);
diving equipment (Cl. 9);
sex toys and love dolls (Cl. 10);
clothing for gymnastics and sports (Cl. 25);
certain gymnastic and sporting articles, for example, protective helmets, goggles and mouthguards for sports (Cl. 9), sporting firearms (Cl. 13), gymnasium mats (Cl. 27), as well as certain fishing and hunting equipment, for example, hunting knives, harpoons (Cl. 8), hunting firearms (Cl. 13), fishing nets (Cl. 22), that are classified according to other functions or purposes.

CLASS 29

(Meats and processed foods)

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and fats for food.

Explanatory Note

Class 29 includes mainly foodstuffs of animal origin, as well as vegetables and other horticultural comestible products which are prepared or preserved for consumption.

This Class includes, in particular:

meat-, fish-, fruit- or vegetable-based food;
edible insects;
milk beverages with milk predominating;
milk substitutes, for example, almond milk, coconut milk, peanut milk, rice milk, soya milk;
preserved mushrooms;
pulses and nuts prepared for human consumption;
seeds prepared for human consumption, not being seasonings or flavourings.

This Class does not include, in particular:

oils and fats, other than for food, for example, essential oils (Cl. 3), industrial oil (Cl. 4), castor oil for medical purposes (Cl. 5);
baby food (Cl. 5);
dietetic food and substances adapted for medical use (Cl. 5);
dietary supplements (Cl. 5);
salad dressings (Cl. 30);
processed seeds for use as a seasoning (Cl. 30);
chocolate-coated nuts (Cl. 30);
fresh and unprocessed fruits, vegetables, nuts and seeds (Cl. 31);
foodstuffs for animals (Cl. 31);
live animals (Cl. 31);
seeds for planting (Cl. 31).

CLASS 30

(Staple foods)

Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).

Explanatory Note

Class 30 includes mainly foodstuffs of plant origin, except fruits and vegetables, prepared or preserved for consumption, as well as auxiliaries intended for the improvement of the flavour of food.

This Class includes, in particular:

beverages with coffee, cocoa, chocolate or tea base;
cereals prepared for human consumption, for example, oat flakes, corn chips, husked barley, bulgur, muesli;
pizza, pies, sandwiches;
chocolate-coated nuts;
flavourings, other than essential oils, for food or beverages.

This Class does not include, in particular:

salt for industrial purposes (Cl. 1);
food or beverage flavourings being essential oils (Cl. 3);
medicinal teas and dietetic food and substances adapted for medical use (Cl. 5);
baby food (Cl. 5);
dietary supplements (Cl. 5);
yeast for pharmaceutical purposes (Cl. 5), yeast for animal consumption (Cl. 31);
milk beverages flavoured with coffee, cocoa, chocolate or tea (Cl. 29);
soups, bouillon (Cl. 29);
raw cereals (Cl. 31);
fresh herbs (Cl. 31);
foodstuffs for animals (Cl. 31).

CLASS 31

(Natural agricultural products)

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

Explanatory Note

Class 31 includes mainly land and sea products not having been subjected to any form of preparation for consumption, live animals and plants, as well as foodstuffs for animals.

This Class includes, in particular:

unprocessed cereals;
fresh fruits and vegetables, even after washing or waxing;
plant residue;
unprocessed algae;
unsawn timber;
fertilised eggs for hatching;
fresh mushrooms and truffles;
litter for animals, for example, aromatic sand, sanded paper for pets.

This Class does not include, in particular:

cultures of micro-organisms and leeches for medical purposes (Cl. 5);
dietary supplements for animals and medicated animal feed (Cl. 5);
semi-worked woods (Cl. 19);
artificial fishing bait (Cl. 28);
rice (Cl. 30);
tobacco (Cl. 34).

CLASS 32

(Light beverages)

Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages.

Explanatory Note

Class 32 includes mainly non-alcoholic beverages, as well as beer.

This Class includes, in particular:

de-alcoholised beverages;
soft drinks;
rice-based and soya-based beverages, other than milk substitutes;
energy drinks, isotonic beverages, protein-enriched sports beverages;
non-alcoholic essences and fruit extracts for making beverages.

This Class does not include, in particular:

flavourings for beverages being essential oils (Cl. 3) or other than essential oils (Cl. 30);
dietetic beverages adapted for medical purposes (Cl. 5);
milk beverages with milk predominating, milk shakes (Cl. 29);
milk substitutes, for example, almond milk, coconut milk, peanut milk, rice milk, soya milk (Cl. 29);
lemon juice for culinary purposes, tomato juice for cooking (Cl. 29);
beverages with coffee, cocoa, chocolate or tea base (Cl. 30);
beverages for pets (Cl. 31);
alcoholic beverages, except beer (Cl. 33).

CLASS 33

(Wines and spirits)

Alcoholic beverages, except beers; alcoholic preparations for making beverages.

Explanatory Note

Class 33 includes mainly alcoholic beverages, essences and extracts.

This Class includes, in particular:

wines, fortified wines;
alcoholic cider, perry;
spirits, liqueurs;
alcoholic essences, alcoholic fruit extracts, bitters.

This Class does not include, in particular:

medicinal beverages (Cl. 5);
de-alcoholised beverages (Cl. 32);
beers (Cl. 32);
non-alcoholic mixers used to make alcoholic beverages, for example, soft drinks, soda water (Cl. 32).

CLASS 34

(Smokers' articles)

Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers' articles; matches.

Explanatory Note

Class 34 includes mainly tobacco and articles used for smoking, as well as certain accessories and containers related to their use.

This Class includes, in particular:

tobacco substitutes, not for medical purposes;
flavourings, other than essential oils, for use in electronic cigarettes, oral vaporizers for smokers;
herbs for smoking;
snuff;
certain accessories and containers related to the use of tobacco and articles for smoking, for example, lighters for smokers, ashtrays for smokers, tobacco jars, snuff boxes, cigar humidors.

This Class does not include, in particular:

tobacco-free cigarettes for medical purposes (Cl. 5);
batteries and chargers for electronic cigarettes (Cl. 9);
ashtrays for automobiles (Cl. 12).

SERVICES

CLASS 35

(Advertising and business)

Advertising; business management, organization and administration; office functions.

Explanatory Note

Class 35 includes mainly services involving business management, operation, organization and administration of a commercial or industrial enterprise, as well as advertising, marketing and promotional services. For the purposes of classification, the sale of goods is not considered to be a service.

This Class includes, in particular:

the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through vending machines, mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes;
advertising, marketing and promotional services, for example, distribution of samples, development of advertising concepts, writing and publication of publicity texts;
shop window dressing;
public relations services;
production of teleshopping programmes;
organization of trade fairs and exhibitions for commercial or advertising purposes;
search engine optimization for sales promotion;
commercial assistance services, for example, personnel recruitment, negotiation of business contracts for others, cost price analysis, import-export agency services;
administration services relating to business transactions and financial records, for example, book-keeping, drawing up of statements of accounts, business and financial auditing, business appraisals, tax preparation and filing services;
commercial administration of the licensing of the goods and services of others;
services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;
office functions, for example, appointment scheduling and reminder services, data search in computer files for others, computerized file management, telephone switchboard services.

This Class does not include, in particular:

financial services, for example, financial analysis, financial management, financial sponsorship (Cl. 36);
real estate management (Cl. 36);
stock brokerage services (Cl. 36);
transportation logistics (Cl. 39);
energy auditing (Cl. 42);
graphic design of promotional materials (Cl. 42);
legal services in relation to the negotiation of contracts for others (Cl. 45);
licensing of intellectual property, legal administration of licences, copyright management (Cl. 45);
registration of domain names (Cl. 45).

CLASS 36

(Insurance and financial)

Financial, monetary and banking services; insurance services; real estate affairs.

Explanatory Note

Class 36 includes mainly services relating to banking and other financial transactions, financial valuation services, as well as insurance and real estate activities.

This Class includes, in particular:

financial transaction and payment services, for example, exchanging money, electronic funds transfer, processing of credit card and debit card payments, issuance of travellers’ cheques;
financial management and research;
financial appraisals, for example, jewellery, art and real estate appraisal, repair costs evaluation;
cheque verification;
financing and credit services, for example, loans, issuance of credit cards, hire- or lease-purchase financing;
crowdfunding;
safe deposit services;
financial sponsorship;
real estate agency services, real estate management, rental of apartments, rent collection;
insurance underwriting, actuarial services;
brokerage services, for example, securities, insurance and real estate brokerage, brokerage of carbon credits, pawnbrokerage.

This Class does not include, in particular:

administration services relating to business transactions and financial records, for example, book-keeping, drawing up of statements of accounts, business and financial auditing, business appraisals, tax preparation and filing services (Cl. 35);
sponsorship search, promotion of goods and services through sponsorship of sports events (Cl. 35);
cash replenishment of automated teller machines (Cl. 39);
freight brokerage, transport brokerage (Cl. 39);
quality evaluation of wool and standing timber (Cl. 42).

CLASS 37

(Building construction and repair)

Construction services; installation and repair services; mining extraction, oil and gas drilling.

Explanatory Note

Class 37 includes mainly services in the field of construction, as well as services involving the restoration of objects to their original condition or their preservation without altering their physical or chemical properties.

This Class includes, in particular:

construction and demolition of buildings, roads, bridges, dams or transmission lines, as well as services in the field of construction, for example, interior and exterior painting, plastering, plumbing, heating equipment installation, and roofing;
shipbuilding;
rental of construction tools, machines and equipment, for example, rental of bulldozers, rental of cranes;
various repair services, for example, those in the fields of electricity, computer hardware, furniture, instruments, tools;
various restoration services, for example, building restoration, furniture restoration and restoration of works of art;
maintenance services for preserving an object in its original condition without changing any of its properties, for example, furniture maintenance, vehicle maintenance, swimming-pool maintenance and maintenance of computer hardware;
cleaning of different objects, for example, windows, vehicles, clothing, as well as the laundering and pressing of clothing.

This Class does not include, in particular:

physical storage of goods (Cl. 39);
transformation of an object or substance that involves a process of change in its essential properties, for example, the cutting, dyeing, fireproofing of cloth (Cl. 40), the casting, plating, treating of metal (Cl. 40), custom tailoring, dressmaking, embroidering (Cl. 40), food and drink preservation (Cl. 40);
installation, maintenance and updating of computer software (Cl. 42), creation and hosting of web sites (Cl. 42);
construction drafting and architectural services (Cl. 42).

CLASS 38

(Telecommunications)

Telecommunications services.

Explanatory Note

Class 38 includes mainly services that allow at least one party to communicate with another, as well as services for the broadcasting and transmission of data.

This Class includes, in particular:

transmission of digital files and electronic mail;
providing user access to global computer networks;
radio and television broadcasting;
video-on-demand transmission;
providing internet chatrooms and online forums;
telephone and voice mail services;
teleconferencing and videoconferencing services.

This Class does not include, in particular:

radio advertising (Cl. 35);
telemarketing services (Cl. 35);
content or subject matter that may be contained in the communication activity, for example, downloadable image files (Cl. 9), providing business information via a web site (Cl. 35), providing films and television programmes, not downloadable, via video-on-demand services (Cl. 41);
services conducted using telecommunication connections, for example, online retail services for downloadable digital music (Cl. 35), online banking (Cl. 36);
production of radio and television programmes (Cl. 41);
telecommunications technology consultancy (Cl. 42);
online social networking services (Cl. 45).

CLASS 39

(Transportation and storage)

Transport; packaging and storage of goods; travel arrangement.

Explanatory Note

Class 39 includes mainly services for the transport of people, animals or goods from one place to another by rail, road, water, air or pipeline and services necessarily connected with such transport, as well as the storing of goods in any kind of storage facility, warehouses or other types of building for their preservation or guarding.

This Class includes, in particular:

operation of stations, bridges, railways, ferries and other transport facilities;
rental of vehicles for transportation, as well as chauffeuring and piloting services;
rental services related to transport, storage and travel, for example, parking place rental, garage rental, rental of storage containers;
operation of maritime tugs, unloading, operation of ports and docks, and salvaging of wrecked ships and their cargoes;
packaging, bottling, wrapping and delivering of goods;
replenishing vending machines and automated teller machines;
services for providing information about journeys or the transport of goods by brokers and tourist agencies, as well as for providing information relating to tariffs, timetables and methods of transport;
inspection of vehicles or goods for the purpose of transport;
distribution of energy and electricity, as well as distribution and supply of water.

This Class does not include, in particular:

advertising travel or transport (Cl. 35);
insurance services during the transport of people or goods (Cl. 36);
maintenance and repair of vehicles or other items connected with the transport of people or goods (Cl. 37);
conducting guided tours (Cl. 41);
electronic data storage (Cl. 42);
reservation of hotel rooms or other temporary accommodation by travel agents or brokers (Cl. 43).

CLASS 40

(Treatment of materials)

Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.

Explanatory Note

Class 40 includes mainly services rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services. For the purposes of classification, the production or manufacturing of goods is considered a service only in cases where it is effected for the account of another person to their order and specification. If the production or manufacturing is not being performed to fulfil an order for goods which meet the customer’s particular needs, requirements, or specifications, then it is generally ancillary to the maker’s primary commercial activity or goods in trade. If the substance or object is marketed to third parties by the person who processed, transformed or produced it, then this would generally not be considered a service.

This Class includes, in particular:

transformation of an object or substance and any process involving a change in its essential properties, for example, dyeing a garment; such transformation services are also classified in Class 40 if they are provided in the framework of repair or maintenance work, for example, chromium plating of motor vehicle bumpers;
services of material treatment which may be present during the production of any substance or object other than a building, for example, services which involve cutting, shaping, polishing by abrasion or metal coating;
joining of materials, for example, soldering or welding;
processing and treatment of foodstuffs, for example, fruit crushing, flour milling, food and drink preservation, food smoking, freezing of foods;
custom manufacturing of goods to the order and specification of others (bearing in mind that certain offices require that the goods produced be indicated), for example, custom manufacturing of automobiles;
services of a dental technician;
quilting, embroidering, custom tailoring, textile dyeing, applying finishes to textiles.

This Class does not include, in particular:

services that do not entail a change in the essential properties of the object or substance, for example, furniture maintenance or repair (Cl. 37);
services in the field of construction, for example, painting and plastering (Cl. 37);
cleaning services, for example, laundering, window cleaning, cleaning of interior and exterior surfaces of buildings (Cl. 37);
rustproofing, for example, anti-rust treatment for vehicles (Cl. 37);
certain customization services, for example, the custom painting of automobiles (Cl. 37);
decorating of food, food sculpting (Cl. 43).

CLASS 41

(Education and entertainment)

Education; providing of training; entertainment; sporting and cultural activities.

Explanatory Note

Class 41 includes mainly services consisting of all forms of education or training, services having the basic aim of the entertainment, amusement or recreation of people, as well as the presentation of works of visual art or literature to the public for cultural or educational purposes.

This Class includes, in particular:

organization of exhibitions for cultural or educational purposes, arranging and conducting of conferences, congresses and symposiums;
translation and language interpretation services;
publication of books and texts, other than publicity texts;
news reporters services, photographic reporting;
photography;
film direction and production services, other than for advertising films;
cultural, educational or entertainment services provided by amusement parks, circuses, zoos, art galleries and museums;
sports and fitness training services;
training of animals;
online gaming services;
gambling services, organization of lotteries;
ticket reservation and booking services for entertainment, educational and sporting events;
certain writing services, for example, screenplay writing, songwriting.

This Class does not include, in particular:

organization of exhibitions for commercial or advertising purposes (Cl. 35);
writing and publication of publicity texts (Cl. 35);
news agency services (Cl. 38);
radio and television broadcasting (Cl. 38);
videoconferencing services (Cl. 38);
technical writing (Cl. 42);
day nursery and crèche services (Cl. 43);
health spa services (Cl. 44);
planning and arranging wedding ceremonies (Cl. 45).

CLASS 42

(Computer and scientific)

Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.

Explanatory Note

Class 42 includes mainly services provided by persons in relation to the theoretical and practical aspects of complex fields of activities, for example, scientific laboratory services, engineering, computer programming, architectural services or interior design.

This Class includes, in particular:

services of engineers and scientists who undertake evaluations, estimates, research and reports in the scientific and technological fields, including technological consultancy;
computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information, for example, computer virus protection services, data encryption services, electronic monitoring of personally identifying information to detect identity theft via the internet;
software as a service (SaaS), platform as a service (PaaS);
scientific research services for medical purposes;
architectural and urban planning services;
certain design services, for example, industrial design, design of computer software and systems, interior design, packaging design, graphic arts design, dress designing;
surveying;
oil, gas and mining exploration services.

This Class does not include, in particular:

certain research services, for example, business research (Cl. 35), marketing research (Cl. 35), financial research (Cl. 36), genealogical research (Cl. 45), legal research (Cl. 45);
business auditing (Cl. 35);
computer file management services (Cl. 35);
financial evaluation services (Cl. 36);
mining extraction, oil and gas drilling (Cl. 37);
installation, maintenance and repair of computer hardware (Cl. 37);
sound engineering services (Cl. 41);
certain design services, for example, landscape design (Cl. 44);
medical and veterinary services (Cl. 44);
legal services (Cl. 45).

CLASS 43

(Hotels and restaurants)

Services for providing food and drink; temporary accommodation.

Explanatory Note

Class 43 includes mainly services provided in relation to the preparation of food and drink for consumption, as well as services for providing temporary accommodation.

This Class includes, in particular:

temporary accommodation reservations, for example, hotel reservations;
boarding for animals;
rental of meeting rooms, tents and transportable buildings;
retirement home services;
day-nursery and crèche services;
decorating of food, food sculpting;
rental of cooking apparatus;
rental of chairs, tables, table linen, glassware;
hookah lounge services;
personal chef services.

This Class does not include, in particular:

business management of hotels (Cl. 35);
rental services for real estate, such as houses or flats, for residential use (Cl. 36);
housekeeping (cleaning) services (Cl. 37);
travel and transport reservation services (Cl. 39);
beer brewing and wine making for others, custom manufacturing of bread (Cl. 40);
food smoking, food and drink preservation (Cl. 40);
educational, instruction and entertainment services, including those that might involve ancillary lodging or food and drink, provided by, for example, boarding schools, nursery schools, sport camps, discotheques and nightclubs (Cl. 41);
providing museum facilities (Cl. 41);
convalescent home and rest home services (Cl. 44);
babysitting, pet sitting (Cl. 45).

CLASS 44

(Medical, beauty and agricultural)

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.

Explanatory Note

Class 44 includes mainly medical care, including alternative medicine, hygienic and beauty care given by persons or establishments to human beings and animals, as well as services relating to the fields of agriculture, aquaculture, horticulture and forestry.

This Class includes, in particular:

hospital services;
telemedicine services;
dentistry, optometry and mental health services;
medical clinic services and medical analysis services for diagnostic and treatment purposes provided by medical laboratories, such as x-ray examinations and taking of blood samples;
therapy services, for example, physiotherapy and speech therapy;
pharmacy advice and preparation of prescriptions by pharmacists;
blood bank and human tissue bank services;
convalescent home and rest home services;
dietary and nutritional advice;
health spa services;
artificial insemination and in vitro fertilization services;
animal breeding;
animal grooming;
body piercing and tattooing;
services relating to gardening, for example, plant nursery services, landscape design, landscape gardening, lawn care;
services relating to floral art, for example, flower arranging, wreath making;
weed killing, vermin and pest control for agriculture, aquaculture, horticulture and forestry.

This Class does not include, in particular:

vermin and pest control, other than for agriculture, aquaculture, horticulture and forestry (Cl. 37);
installation and repair services for irrigation devices (Cl. 37);
ambulance transport (Cl. 39);
slaughtering of animals and taxidermy (Cl. 40);
timber felling and processing (Cl. 40);
animal training services (Cl. 41);
health clubs for physical exercise (Cl. 41);
scientific research services for medical purposes (Cl. 42);
boarding for animals (Cl. 43);
retirement homes (Cl. 43);
funerary undertaking (Cl. 45).

CLASS 45

(Personal and legal)

Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.

Explanatory Note

This Class includes, in particular:

services rendered by lawyers, legal assistants, and personal advocates, to individuals, groups of individuals, organizations and enterprises;
investigation and surveillance services relating to the physical safety of persons and security of tangible property;
services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.

This Class does not include, in particular:

professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
escorting of travellers (Cl. 39);
security transport (Cl. 39);
services consisting of all forms of education of persons (Cl. 41);
performances of singers or dancers (Cl. 41);
computer programming services for the protection of software (Cl. 42);
computer and internet security consultancy and data encryption services (Cl. 42);
services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44);
certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).

1401.02(b) Short Titles for International Trademark Classes

The USPTO associates the following word titles with the respective international trademark class numbers:

GOODS

1. Chemicals

2. Paints

3. Cosmetics and cleaning preparations

4. Lubricants and fuels

5. Pharmaceuticals

6. Metal goods

7. Machinery

8. Hand tools

9. Electrical and scientific apparatus

10. Medical apparatus

11. Environmental control apparatus

12. Vehicles

13. Firearms

14. Jewelry

15. Musical instruments

16. Paper goods and printed matter

17. Rubber goods

18. Leather goods

19. Non-metallic building materials

20. Furniture and articles not otherwise classified

21. Housewares and glass

22. Cordage and fibers

23. Yarns and threads

24. Fabrics

25. Clothing

26. Fancy goods

27. Floor coverings

28. Toys and sporting goods

29. Meats and processed foods

30. Staple foods

31. Natural agricultural products

32. Light beverages

33. Wines and spirits

34. Smokers’ articles

SERVICES

35. Advertising and business

36. Insurance and financial

37. Building construction and repair

38. Telecommunications

39. Transportation and storage

40. Treatment of materials

41. Education and entertainment

42. Computer and scientific

43. Hotels and restaurants

44. Medical, beauty and agricultural

45. Personal and legal

These short titles are not an official part of the international classification. Their purpose is to provide a means to quickly identify the general content of numbered international classes. By their nature, these titles will not necessarily disclose the classification of specific items. The titles are not designed to be used for classification, but only as information to assist in the identification of numbered classes. To determine the classification of particular goods and services, it is necessary to refer to the Alphabetical List, the class headings of the international classes, and explanatory notes in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), published annually by WIPO on its website. The full names of international classes are set forth in 37 C.F.R. §6.1. See TMEP §1401.02(a).

The international trademark classification was adopted by the United States as its system of classification as of September 1, 1973. See 911 TMOG 210 (June 26, 1973). The use of short titles was announced in a notice at 924 TMOG 155 (July 16, 1974).

1401.02(c) International Alphabetical List

In addition to the General Remarks, list of international classes, and explanatory notes (see TMEP §1401.02(a)), the Nice Classification includes the Alphabetical List of goods and services. The Alphabetical List provides guidance concerning classification of particular goods and services. The Alphabetical List is published by the World Intellectual Property Organization and is available online at http://www.wipo.int/classifications/nice/en/. French and Spanish versions of the Alphabetical List are also available online. Note: The paper publication of the Nice Classification was discontinued in 2011 with the publication of the 10th edition.

As the Alphabetical List was developed to classify goods and services and not to identify specific goods and services, most entries in the Alphabetical List will not be sufficiently definite to use in an identification of goods and/or services. If such entries are provided as identifications, the USPTO exercises its discretion to require greater particularity. See In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007).

The USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) provides general guidance on whether an identification is sufficiently definite. See TMEP §1402.04.

1401.03 Designation of Class

In an application for registration of a mark, the applicant should designate the international class number(s) that are appropriate for the identified goods and/or services whenever the information is known. 37 C.F.R. §2.32(a)(7). See TMEP §1401.02(a) for the international classification schedule with explanatory notes and §1401.03(b) regarding inaccurately classified goods or services in applications filed under §1 or §44.

Applications filed using the TEAS Plus application must include correctly classified goods/services with an identification of goods/services taken directly from the USPTO’s Acceptable Identification of Goods and Services Manual (USPTO ID Manual), available through the TEAS Plus form. See TMEP §819.01.

1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44

Generally, in applications under §1 or §44 of the Trademark Act, prior to their assignment to an examining attorney, the USPTO retains the class number designated by the applicant, in the absence of any information clearly contradicting that classification. If the examining attorney determines that the class designated by the applicant is incorrect, the examining attorney will require reclassification. See TMEP §1401.02(a) regarding classification of goods and services. If an identification is broad enough to encompass more than one class, the examining attorney will also require that the identification be amended to limit the goods or services to a single class. See In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007) (affirming decision that the examining attorney properly required amendment of the term "chronographs" in the identification of goods so that proper classification could be determined); see also TMEP §1402.01(a).

1401.03(b) Designation of Class by USPTO When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44

In an application under §1 or §44 of the Trademark Act, if the applicant does not designate a class number(s), the USPTO will do so. If the class number(s) indicated by the applicant is clearly wrong (e.g., goods are classified in a service class), the USPTO will change the classification, either prior to or during examination.

Upon examination, the classification must be amended if the class numbers are incorrect. When the examining attorney requires or recommends an amendment of the identification of goods and/or services that would necessitate an amendment of the classification, the examining attorney should also require the applicant to amend the classification.

If an incorrect class number was designated by the Pre-Examination Section, and the examining attorney must issue an Office action, he or she must also inform the applicant of the correct class number for the identified goods and/or services and require amendment of the classification. If it is unnecessary to issue an Office action, the examining attorney must ensure that the correct classification is entered into the electronic records of the USPTO.

The examining attorney may amend or correct classification through an examiner’s amendment, without prior authorization by the applicant. Groening v. Missouri Botanical Garden, 59 USPQ2d 1601 (Comm’r Pats. 1999). See TMEP §707.02.

Before approving an application for publication, the examining attorney must check to make sure that the properly assigned class is reflected in the electronic records of the USPTO.

1401.03(c) Failure to Classify May Delay Action in Applications Under §§1 and 44

The applicant should make an initial effort at classification, using the Alphabetical List of goods and services and/or the USPTO’s Acceptable Identification of Goods and Services Manual (USPTO ID Manual). In an application under §1 or §44 of the Trademark Act, when an application and fee is filed for a single class, but the identification lists a large number of items that obviously involve many classes, the examining attorney will require the applicant to properly classify the items. Class designations must be determined and fees for multiple classes must be paid before an examining attorney does an extensive search for conflicting marks in a large number of classes. See TMEP §810.01.

Applications filed using the TEAS Plus application must include correctly classified goods and/or services with an identification of goods/services taken directly from the USPTO ID Manual, available through the TEAS Plus form. See TMEP §819.01.

1401.03(d) Classification Determined by World Intellectual Property Organization in §66(a) Applications

37 C.F.R. §2.85(d). Section 66(a) applications and registered extensions of protection.

In an application under section 66(a) of the Act or registered extension of protection, the classification cannot be changed from the classification assigned by the International Bureau of the World Intellectual Property Organization, unless the International Bureau corrects the classification. Classes cannot be added, and goods or services cannot be transferred from one class to another in a multiple-class application.

In an application under §66(a) of the Trademark Act, 15 U.S.C. §1141f(a), i.e., a request for protection of an international registration to the United States pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), the International Bureau of the World Intellectual Property Organization (IB) controls classification. Madrid Protocol Article 3(2). The IB classifies the goods and services in the appropriate classes of the International Classification of Goods and Services for the Purposes of the Registration of Marks in effect at the time international registration is filed at the IB. Subject to the conformity of the international application with other applicable requirements, the international registration will be issued in accordance with the classification and grouping that the IB considers to be correct. Regulations Under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Rule 12(9). The USPTO will be notified of the edition of the Nice Agreement used and it will be listed in the request for extension of protection. See TMEP §§1401.10(a), 1402.01(c).

The §66(a) application (and any resulting registration) remains part of the international registration, and a change of classification in the United States would have no effect on the international registration. Therefore, the international classification of goods and/or services in a §66(a) application cannot be changed from the classification given to the goods or services by the IB, even if the IB’s classification of goods or services in the §66(a) application is different from the classification set forth in the ID Manual. Classes may not be added, and goods or services may not be transferred from one class to another in a multiple-class application. 37 C.F.R. §2.85(d).

Accordingly, if the mark in a §66(a) application appears to be a certification or collective membership mark, the USPTO will not reclassify it into United States Class A, B, or 200. However, the applicant must comply with all other United States requirements for certification and collective membership marks, regardless of the classification chosen by the IB. See TMEP §§1304 et seq., regarding collective membership marks, §§1306 et seq. regarding certification marks, and §1904.02(d) regarding §66(a) applications for these types of marks. See TMEP §1904.02(c)(v) regarding the effect of indicated classes in registered extensions of protection and published applications under §66(a).

For purposes of identification of goods or services, the examining attorney will examine a §66(a) application according to the same standards of specificity used in examining applications under §1 and §44 of the Trademark Act. That is, the examining attorney must follow the procedures set forth in the TMEP and identify the goods or services in accordance with the ID Manual guidance in effect on the filing date of the request for extension of protection. See TMEP §1904.01(b) concerning the filing date of a request for extension of protection of an international registration to the United States. See also TMEP §§1401.10(a), 1904.02(c).

With respect to certification marks, the identification of goods or services in a certification mark application under §66(a) must describe the goods and/or services of the party who will receive the certification, not the activities of the certifier/owner of the certification mark. In such an application, the goods or services that are certified may be identified less specifically than in an application for registration of a trademark or service mark. Sufficient information must be provided to enable a comparison of goods or services and analysis of trade channels in regard to possible likelihood-of-confusion scenarios. If the certification program is limited to specific items of goods or services, for example, wine, wooden doors, or forensic accounting services, then the identification in the application must also reflect this level of specificity. See TMEP §1306.02(c) regarding identification of goods and services of authorized users in certification mark applications.

See TMEP §1402.01(c) regarding the identification and classification of goods and services in a §66(a) application and §1904.02(b) regarding the examination of classification of goods and services in a §66(a) application.

1401.04 Classification Determines Number of Fees

15 U.S.C. §1112. (Extract)

*** The applicant may apply to register a mark for any or all of the goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce: Provided, That if the Director by regulation permits the filing of an application for the registration of a mark for goods or services which fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Director may issue a single certificate of registration for such mark.

Classification is the basis for determining the number of fees that must be paid. In an application under §1 or §44 of the Trademark Act, a fee is required for each class. 37 C.F.R §2.32(d)-(e).

In an application under §1 or §44, if the application sets forth goods or services in more than one class and pays insufficient fees to cover all the classes, the applicant must either amend the application to restrict the goods or services to the number of classes for which the fee has been paid or submit additional fees to cover all the goods or services set forth in the identification. The fees for multiple classes must be paid before an examining attorney does an extensive search in a large number of classes. See TMEP §810.01.

If, with the original application, the applicant submits fees for more classes than are validly represented in the application, the fees that have been overpaid in error will be refunded. See TMEP §405.04 regarding refunds.

In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO pursuant to the provisions of the Madrid Protocol and the Regulations Under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The examining attorney will not question the sufficiency of the filing fee in a §66(a) application. The classification in a §66(a) application cannot be changed, and classes cannot be added. See TMEP §1401.03(d) for further information.

1401.04(a) Prior United States Classification System

Prior to the adoption of the International Classification in 1973, the United States Classification was the controlling classification used in the USPTO. After adoption of the International Classification, the United States Classification became a secondary classification system. United States classes are still assigned to all applications by a computerized system. Each international class is coordinated with the United States classes that are most frequently associated with it. Neither examining attorneys nor any other USPTO personnel have the authority or capability of altering these automatically assigned secondary United States Classification designations.

1401.04(b) Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

An application may list, in connection with each class designated, only goods or services that fall within that class. An applicant may apply to register a mark for the goods and/or services on or in connection with which the applicant is using or has a bona fide intent to use the mark in commerce, if the applicant submits a filing fee for each class. See 15 U.S.C. §1112; 37 C.F.R. §2.86(a). An application that includes more than one class is called a combined or multiple-class application. See TMEP §§1403–1403.05.

The applicant should designate only the number of classes for which a filing fee is submitted and should limit the specified goods and services to those within the particular class(es) designated. Thus, if a single filing fee is submitted, the applicant should designate only one class and should limit the goods or services specified in the identification to items in that class.

The examining attorney must require any necessary amendments to ensure that the classification is correct for the specified goods or services. In an application under §1 or §44 of the Trademark Act, if the applicant identifies goods or services that are classified in a greater number of classes than the classes for which filing fees have been paid, the examining attorney must require that the applicant either: (1) pay the additional fees; or (2) amend the identification to restrict the application to the number of classes for which fees have already been paid. See TMEP §§810.01, 1403.02(c).

In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO, pursuant to the provisions of the Madrid Protocol and the Common Regs. The examining attorney will not question the sufficiency of the filing fee in a §66(a) application. The classification in a §66(a) application may not be changed, and classes may not be added. See TMEP §1401.03(d).

1401.05 Criteria on Which International Classification Is Based

The General Remarks of the Nice Classification set forth general criteria for placing goods or services in the international classes. See TMEP §1401.02(a).

The Class Headings of the Nice Classification indicate the type of goods or services appropriate to each class. Id. The Explanatory Notes at the end of the class headings of goods or services explain the principles and differentiating lines on which the international classes are based.

The Alphabetical List of the Nice Classification contains information about the appropriate class for particular products and services. See TMEP §1401.02(c).

1401.05(a) Identification and Classification of Kits, Gift Baskets, and Items Sold as a Unit

The USPTO permits registration in a single international class of a kit or gift basket comprised of goods, even if the identification includes components that are goods classified in other classes. This practice is not recognized by the Nice Classification and is not followed by the International Bureau of WIPO nor by most other national trademark offices. See TMEP §1902.02(g)(iii) regarding identification of kits and gift baskets in applications for international registration.

Although certain types of kits are deemed acceptable for identification and classification purposes without listing the individual components (e.g., face painting kits and teeth whitening kits in Class 3, and first aid kits and ovulation test kits in Class 5), in general, the identification must indicate the type of kit and its principal components. The list of kit components must only include goods and must not include services. An identification for kits that lists both goods and services as kit components is unacceptable because it improperly combines goods and services classified in multiple classes in a single identification. See TMEP §1402.01(a) regarding general guidelines for acceptable identifications and TMEP §1403 et seq. for information regarding combined or multiple-class applications. An identification for a kit that includes "computer software" as a component of the kit would be indefinite, because it is unclear if "computer software" refers to goods or services. For example, recorded or downloadable computer software and programs are classified in Class 9 as goods, while providing on-line non-downloadable computer software is classified in Class 42. See TMEP §§1402.03(d) and 1402.11(a)(xii). If computer software or computer programs are listed as components of a kit, the identification must indicate that the computer software or computer programs are recorded or downloadable to preclude inclusion of services in an identification of goods. The identification must also specify the function and any field of use of the computer software or programs.

Kits that are deemed acceptable for identification and classification purposes without listing the individual components are included in the ID Manual and are generally classified according to purpose; other kits are classified on a case-by-case basis using the classification principles set forth below.

Generally, kits are identified and classified in two ways:

(1) If the kit is for the purpose of making a single object, it is classified by the item it is intended to make. For example, kits for making wine consisting of fresh grapes and chemicals for fermenting wine would be classified in Class 33, the class for wine, even though the individual components would be classified in other classes (e.g., fresh grapes in Class 31 and chemicals for fermenting wine in Class 1).
(2) If the kit is a combination of a number of components around a theme (e.g., nail care kits), the class that includes the majority of individual components in the kit generally controls the classification for the entire kit. Thus, a nail care kit comprised of nail polish (Class 3), nail files (Class 8), nail polish remover (Class 3), a printed instruction manual (Class 16), and false nails (Class 3) is classified in Class 3, which is the class of the majority of individual components in the kit; however, the identification must be modified to list all of the components in Class 3 at the beginning of the list of components. In such cases, the identification must indicate the type of kit and list the components, with all of the items in the predominant class listed first. Components that are secondary should be set forth after the primary components.

Example – "Nail care kits comprised primarily of nail polish, nail polish remover, and false nails and also including nail files and printed instructions" is acceptable in Class 3, the class of the primary components which are listed first in the list of kit components.

Example – "Nail care kits comprised of nail polish, nail polish remover, false nails, nail files, and printed instructions" is acceptable in Class 3, the class of the primary components which are listed first in the list of kit components.

Example – "Nail care kits comprised of nail polish, nail files, nail polish remover, a printed instruction manual, and false nails" is properly classified in Class 3, but is not acceptably worded because the predominant components in Class 3 (i.e., nail polish, nail polish remover, and false nails) are not all listed first in the list of kit components.

If the goods are kits around a particular theme, but the majority of components are secondary components, the identification should indicate that the kits are comprised "primarily" of specific components in a particular class and subsequently indicate that the kits are "also consisting of" the secondary items. The secondary components may be in a different class or classes from the primary component(s). In that case, the kits are classified in the class of the primary components, even if the primary components are not the majority of components in the kits.

Example – "Nail care kits comprised primarily of nail polish and also including nail files and printed instructions" is acceptable in Class 3, because nail polish is clearly indicated as the primary component and appears first in the list of kit components.

If the individual components of the kit do not appear to have a predominant class (e.g., the kit contains two or three components, each in a different class), the applicant may elect which class(es) the kit should be in, but the identification must still list all of the goods in the elected class first in the list of kit components.

Example – "Tool kits comprising hand saws and power-driven saws" is acceptable in Class 8 because there is no predominant class for the components in the kit and "hand saws," which are listed first in the list of components, are classified in Class 8.

Example – "Tool kits comprising power-driven saws and hand saws" is acceptable in Class 7 because there is no predominant class for the components in the kit and "power-driven saws," which are listed first in the list of components, are classified in Class 7.

Example – "Tool kits comprising carpenter’s levels, hand saws, power-driven saws, and carpenters’ rules" is not acceptable in Class 9 because the components in Class 9 are not all listed first in the list of components. The components appropriate to Class 9, carpenter’s levels and carpenters’ rules, must all be listed first in the list of components for an acceptable identification in Class 9.

Classification of multi-component kits that have no predominant components is determined by the first listed component. Rearranging the order of the components listed for kits which have no predominant components will impact the classification, with the class of the first-listed component dictating the appropriate class for the kits.

Example – "Tool kits comprising carpenter’s levels, hand saws, and power-driven saws" is acceptable in Class 9 because there is no predominant class for the kit components and "carpenter’s levels," which are listed first in the list of components, are classified in Class 9.

Example - "Tool kits comprising hand saws, power-driven saws, and carpenter’s levels" is acceptable in Class 8 because there is no predominant class for the kit components and "hand saws," which are listed first in the list of components, are classified in Class 8.

Example - "Tool kits comprising power-driven saws, carpenter’s levels, and hand saws" is acceptable in Class 7 because there is no predominant class for the kit components and "power-driven saws," which are listed first in the list of components, are classified in Class 7.

The same criteria are applied to the classification of hobby craft kits. For example, if the hobby craft kit is for the purpose of making a single object, it would be classified by the item it is intended to make.

Example – "Hobby craft kits for making toy model houses comprising wooden craft sticks and craft glue for stationery or household purposes" would be classified in Class 28, the class for toy models, even though the individual components would be classified in other classes (e.g., wooden craft sticks in Class 20 and craft glue for stationery or household purposes in Class 16).

If the hobby craft kit is a combination of a number of components around a theme (e.g., Halloween hobby craft kits), the class that includes the majority of individual components in the hobby craft kit generally controls the classification for the entire kit. In such cases, the identification must indicate the type of kit and list the components, with all of the items in the predominant class listed first. Components that are secondary should be set forth after the primary components.

Example – "Halloween hobby craft kits comprised primarily of permanent markers, printed sewing patterns, stencils, fabric glue for household use and also including felt cloth and thread" is acceptable in Class 16, the class of the primary components which are listed first in the list of kit components.

Example – "Halloween hobby craft kits comprised of permanent markers, printed sewing patterns, stencils, fabric glue for household use and felt cloth" is acceptable in Class 16, the class of the primary components which are listed first in the list of kit components.

Example – "Halloween hobby craft kits comprised of permanent markers, printed sewing patterns, stencils, felt cloth, and fabric glue for household use" is properly classified in Class 16, but is not acceptably worded because the predominant components in Class 16 (i.e., permanent markers, printed sewing patterns, stencils, and fabric glue for household use) are not all listed first in the list of kit components.

The same criteria are applied to the classification of gift baskets.

Similarly, a product may comprise goods that are sold together as a unit. The identification in such cases must include wording to indicate that the goods are "sold as a unit" and must specify the items that comprise the unit, such as "Demitasse sets comprised of cups, saucers and stirring spoons sold as a unit" in Class 21. Goods sold as a unit are classified in a single class even if they are comprised of items that, if sold separately, would be classified in different classes. All of the predominant elements should be listed first in the identification and the collection of items sold as a unit will be classified accordingly.

Example – Printed children’s books are classified in Class 16. Dolls are classified in Class 28. "Printed children's books and dolls sold as a unit" would be classified in Class 16. "Dolls and printed children's books sold as a unit" would be classified in Class 28.

Identifications for items "sold as a unit" must be limited to goods sold as a unit. As indicated above, recorded or downloadable computer programs and computer software are classified in Class 9 as goods, while providing on-line non-downloadable computer software is classified in Class 42 as a technological service. See TMEP §§1402.03(d) and 1402.11(a)(xii). Thus, if computer software or computer programs are sold as a unit with other products, the identification must indicate that the computer software or computer programs are goods (e.g., recorded or downloadable) to preclude inclusion of services in an identification of goods. The identification must also specify the function and any field of use of the computer software or programs. For example, "medical apparatus and instruments for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events, and downloadable software for recording, processing, and transmitting medical data, for use therewith, sold as a unit" is an acceptable identification in Class 10.

Identifications must set forth the particular goods or services to enable proper classification and to facilitate determination of likelihood of confusion under 15 U.S.C. §1052(d). See TMEP §1402.01. Thus, identifications for kits, gift baskets, and items sold as a unit must indicate the particular components of the kits and gift baskets and the particular items sold as a unit using definite terms that are clear, specific, and accurate to identify the primary components of the kit. See id. For example, an identification for "kits comprised of one or more of the following school supplies – pencils, graduated rulers, and scissors" is unacceptable because the wording "one or more of the following" creates ambiguity as to the nature of the goods. The components of the aforesaid kits are also classified in Classes 16, 9, and 8 respectively. Without a clear indication of the kit components, the goods cannot be appropriately classified, and likelihood of confusion under 15 U.S.C. §1052(d) cannot be determined.

1401.05(b) Medical vs. Non-Medical Goods

It is sometimes difficult to determine whether certain apparatus and instruments are classified in Class 9 or Class 10. While photographic, optical, measuring, testing, and scientific apparatus and instruments are generally classified in Class 9, surgical, medical, dental, or veterinary apparatus and instruments used for the diagnosis, treatment, or improvement of function or condition of persons or animals are generally classified in Class 10. Certain goods could be classified in both classes, with appropriate wording, depending upon their use. For example, thermometers are commonly used for both medical and non-medical purposes. Thermometers for medical use are in Class 10 because they function as medical instruments, while thermometers other than for medical use, such as meat thermometers, are in Class 9 because they function as measuring apparatus. While both items measure temperature, they are usually very different in nature and classified in different classes based on their specific uses.

Goods should be specified as being for surgical, medical, dental, or veterinary use only when the items could be in a class other than Class 10 when not for surgical, medical, dental, or veterinary use. When goods, like thermometers, are commonly used for both surgical, medical, dental, or veterinary use and non-surgical, medical, dental or veterinary use, it is sufficient to indicate that the goods are "for medical use" or "not for medical use," as appropriate, to justify the classification. The mere addition of "for medical use" to an identification is not sufficient to justify classification of items in Class 10 if the goods are not directly used for the diagnosis, treatment, or improvement of function or condition of persons or animals.

If an item is normally not classified in Class 10, it is not necessary to specify that it is not for surgical, medical, dental, or veterinary use when it is classified in its normal class. For example, "thread" (without any further specification) is an acceptable identification in Class 23, while "surgical thread" is classified in Class 10 based on its surgical use. To justify classification of goods not commonly used for surgical, medical, dental, or veterinary use in Class 10, the identification must indicate the particular surgical, medical, dental, or veterinary use of the goods in diagnosing, treating, or improving the function or condition of persons or animals.

In addition, the Nice Class Heading for Class 10 includes the wording "therapeutic and assistive devices adapted for persons with disabilities." See TMEP §1401.02(a). For example, while "toilets" are classified in Class 11, "toilets adapted for medical patients or for use by disabled persons" are in Class 10; while "spoons being tableware" are classified in Class 8, "spoons for patients with tremor" are in Class 10.

1401.05(c) Classification and Plurality of Uses

A product that has a plurality of uses or aspects is ordinarily classified in a single class. Ex parte Schatz, 87 USPQ 374 (Comm’r Pats. 1950). However, if it can be shown that a product has a plurality of uses or aspects so that two or more classes apply, multiple classification may be permissible. If a product is normally classified in a particular class, an applicant cannot obtain registration in another class merely by identifying an ultimate use of the product in goods that fall in the other class.

Example - Essential oils are classified in Class 3. This item cannot be classified in Class 1 with an indication that it is used in the manufacture of other finished products. Raw or unfinished materials that are used in the manufacture of other finished products may be classified in Class 1. However, an item like essential oils, which is always classified in Class 3 regardless of its ultimate use, cannot be transferred to Class 1 by adding Class 1 qualifying language.

When classification in multiple classes is appropriate, the identification must clearly indicate the basis for multiple classifications with language that is appropriate for the respective classes. Identical language cannot be used in multiple classes. For example, the USPTO will not accept the identification "clock radios," because it is unclear what the goods are and in which class the goods fall - Class 9 for radios or Class 14 for clocks. However, the applicant may adopt either or both of the following identifications - "radios incorporating clocks" in Class 9 or "clocks incorporating radios" in Class 14.

Certain services may also be classified in multiple classes on the basis of the purpose for which the service activity is rendered. While services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes, if an activity is not specified by any class heading, the purpose may determine classification.

Example – Layout services are classified in Class 35 when specified to be "for advertising purposes" and are classified in Class 41 when specified to be "other than for advertising purposes."

In an application under §1 of the Trademark Act, the specimen(s) should reflect acceptable use of the mark for each of the specified classes and the record must not indicate that the product has only one use or aspect. See The Procter & Gamble Co. v. Economics Laboratory, Inc.,175 USPQ 505 (TTAB 1972), modified without opinion, 495 F.2d 1360, 181 USPQ 722 (C.C.P.A. 1974); In re International Salt Co., 166 USPQ 215 (TTAB 1970) ; Mead Johnson Co. v. Watson, 112 USPQ 284 (D.D.C. 1957) , aff’d 253 F.2d 862, 117 USPQ 13 (D.C. Cir. 1958).

Where a single specimen supports multiple classes, the examining attorney need not require multiple copies of the specimen. See TMEP §904.01.

Where a single product or service is classified in more than one class, the applicant must also comply with all other requirements for multiple-class applications. See TMEP §1403.01.

1401.05(d) Identification and Classification of "Systems"

In general, the USPTO will not accept identifications of goods described as "systems." This terminology fails to satisfy the requirement that the application specify the particular goods on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce and is thus indefinite because it may encompass goods in more than one class. See TMEP §§1402.01, 1402.01(a). For example, if the applicant submits an indefinite identification of goods described as "systems" (e.g., lawn-care systems), the examining attorney must require an amendment to the identification. The amended identification must specify the nature, purpose, or use of the system and its primary parts or components. The primary parts or components should be specified first in the list of the system’s parts or components. The system is classified in the same class as the primary parts or components. For example, lawn-care systems comprised of lawn mowers and herbicides are in Class 7, which is the same class as the lawn mowers; lawn-care systems comprised of herbicides, pesticides, and lawn sprinklers are in Class 5, which is the same class as the herbicides and pesticides.

The list of primary parts or components of the system must include only goods and must not include services. For example, "recorded" or "downloadable" computer programs and computer software are classified in Class 9 as goods, while providing on-line non-downloadable computer software is classified in Class 42 as a technological service. See TMEP §§1402.03(d) and 1402.11(a)(xii). Thus, if computer software or computer programs are components of a system, the identification must clearly indicate that the computer software or computer programs are goods (e.g., "recorded" or "downloadable" computer software) to preclude inclusion of services in an identification of goods. The identification must also specify the function and any field of use of the computer software or programs. For example, "home automation systems comprised of computer hardware, wireless and wired controllers, and downloadable software for automating kitchen appliances, lighting, electrical power and security alarms" is an acceptable identification in Class 9.

Although USPTO policy generally requires further specificity of "systems," the USPTO may accept this wording when the identification is a generic term for a particular category of goods classified in a single international class. For example, "brake systems for vehicles" is an acceptable identification in Class 12 because it is a generic term for a combination of goods functioning as a unit to brake the vehicle. The ID Manual lists additional acceptable wording for specific types of systems.

1401.05(e) Identification and Classification of "Food Additives"

Under the 10th and 11th editions of the Nice Agreement, identifications of goods in the nature of food additives must indicate the generic name of the product (e.g., lecithin, glucose, or pectin) as well as the purpose of the food additive. See TMEP §1401.13(c) for further explanation.

Proper classification may be based on purpose (e.g., industrial purpose as a raw ingredient for manufacturing food, medical purpose as a dietary supplement, or culinary purpose). In the case of food additives for culinary purposes, the particular characteristics of the substance(s) may affect classification. For example, "lecithin for culinary purposes" is classified in Class 29 because lecithin is a fat-like substance found in the cell membranes of plants and animals, and "oils and fats for food" are in the Class 29 class heading. "Glucose for culinary purposes," however, is classified in Class 30 because glucose is a sugar-like substance, and "sugar" is in the Class 30 class heading.

1401.06 Specimen(s) as Related to Classification

As a general rule, the specimen(s) in an application under §1 of the Trademark Act helps to determine the correct classification. The examining attorney should carefully review the specimen to ensure that the identification and classification of the goods and/or services is accurate. If the information on the specimen and the wording of the identification differ, or if some significant characteristic shown in the specimen is omitted from the identification, the assigned class number may be incorrect. See TMEP §1402.05. However, the examining attorney must remember that, generally, a specimen need only support use of the mark on one item in each class of goods or services set forth in an application. See TMEP §904.01(a).

1401.07 Specimen Discloses Special Characteristics

The classification of goods could be affected if the specimen shows that the mark identifies a composition, an ingredient, or a part that exists in the market only as a component of another product, but the identification does not reveal that the item exists only as a component of a specified product. See TMEP §1402.05(a).

Finished products are in principle classified according to their function or purpose. See TMEP §1401.02(a). When a specimen discloses that use of the identified goods is limited to a particular function or purpose, classification may be impacted. For example, orthopedic shoes are classified in Class 10 as medical apparatus, and ordinary shoes are classified in Class 25. If the specimen in an application for "shoes" in Class 25 shows that the goods are orthopedic shoes, the identification and classification must be amended to "orthopedic shoes" in Class 10. If the specimen indicates that the goods are promoted for a particular use only, such as "for industrial use," this should be reflected in the identification when it affects the designation of the correct class. For example, adhesives are classified in different classes depending upon their use, such as "adhesives for industrial use" in Class 1, "adhesives for cosmetic use" in Class 3, and "adhesives for stationery and household use" in Class 16.

If the specimen shows that the mark identifies a structural part of a machine, this should be reflected in the identification, because parts for machines are generally classified with the machine if the part has no applicability elsewhere.

If the mark is used or intended to be used on raw or semi-worked materials, such as plastics or resins which may be marketed in a variety of forms (such as sheets, powders, or solutions, or as materials that may be either natural or synthetic), these facts should be indicated in the identification of the goods. This is important because some raw or semi-worked materials are classified in several international classes. For example, "semi-processed plastic in sheet form" is classified in Class 17, and "unprocessed plastic in powder form" is classified in Class 1. Certain synthetic materials are in a different class from those that are natural. For example, "unprocessed synthetic resins" are classified in Class 1 and "raw natural resins" are classified in Class 2. Usually, a specimen will disclose these characteristics of raw or semi-worked materials.

If the specimen indicates that a product is made of a particular material, the identification must specify the material composition of the goods when the goods are classified according to material composition. See TMEP §1402.05(b) for further explanation. Generally, if a classification is dedicated to a particular type of goods, the material composition for those goods does not have to be indicated in the identification. For example, Class 20 is the proper class for furniture. This is true even when the furniture is made of metal. Metal furniture is not classified in Class 6 with other metal products because there is an acceptable class (Class 20) for all furniture regardless of material composition. On the other hand, ladders do not have a specifically designated class, and therefore they are classified by material composition, which must be set forth in the identification: metal ladders are in Class 6; ladders of wood or plastics are in Class 20; and rope ladders are in Class 22.

1401.08 Classification and the Identification of Goods and Services

The items listed in the identification of goods and services must be limited to those on or in connection with which the applicant uses or has a bona fide intention to use the mark in commerce. The short title of the class and the Class Headings under the Nice Classification should not be used to indicate that an application includes all goods or services in a particular class. The Class Headings and the short titles indicate the general scope of the classes and include wording that is indefinite and/or too broad and inclusive to be used to identify particular goods or services. See also TMEP §§1402.01(b), 1402.02.

1401.09 Implementation of Changes to the Nice Agreement

When a new edition/version of the Nice Agreement is issued, any changes apply only to applications filed on or after the effective date of the change. 37 C.F.R. §2.85(e)(1). In a §1 or §44 application filed before the effective date of the change, the examining attorney may offer the applicant the option of remaining in compliance with the edition/version of the Nice Agreement that was in effect on the application filing date or amending the application to comply with the requirements of the current edition. The applicant may, of its own accord, submit an amendment to its application that brings it into compliance with the current edition/version of the Nice Agreement. However, if an applicant chooses to comply with the current edition/version, the applicant must comply with the current edition/version for all the goods and/or services in the application, and the applicant must pay the fees for any added class(es) resulting from changes in the current edition/version. 37 C.F.R. §2.85(e)(2). An applicant cannot choose to have some goods or services comply with the current edition/version and other goods or services comply with the requirements of a previous edition/version.

In an application filed under §66(a), the IB controls the classification of the goods/services and the edition/version of the Nice Agreement utilized to classify the international registration on which the §66(a) application is based is never changed. Modifications of the classification of goods/services in the international registration will only be issued in the form of a correction by the IB and only in instances of objective error. See TMEP §§1904.02(b) and 1904.02(e)(i).

1401.10 Effective Date of Changes to USPTO ID Manual

In the ID Manual, the "Effective Date" indicates the date on which the status (i.e., Added, Modified, Example, or Deleted) of a particular entry went into effect. When the "Effective Date" changes, the new requirements established by that particular entry apply only to applications filed on or after the date of the change.

Users of the ID Manual may view the "Version History" of particular entries by clicking on the "Term ID" value for an entry. The "Version History" tab will list the Start and End Effective Dates of any previous descriptions and/or classifications of the good or service. The "Notes" for a particular entry will also describe modifications and reclassifications of particular goods/services along with short explanations for such actions.

In a §1 or §44 application filed before the effective date of the entry, the examining attorney may give the applicant the choice to either keep the existing identification and/or class or amend to the new identification, modified description, and/or class. However, if an applicant chooses to comply with the new identification, modified description, and/or class, the applicant must pay the fees for any added class(es) resulting from the change. 37 C.F.R. §2.6(a)(1).

Example: In a §1 application filed on December 1, 2016, the applicant identifies goods in the nature of "metal key rings" in International Class 6. Effective January 1, 2017, "metal key rings" are reclassified to International Class 14. When examining the application in March 2017, the examining attorney may offer the applicant the option of keeping "metal key rings" in International Class 6 or reclassifying them in International Class 14, so long as sufficient fees are paid for any class(es) added to the application.

In a §1 or §44 application filed before the effective date of the entry in which an Office action was issued before the effective date, and the requirement relating to the identification and/or class made in that Office action is inconsistent with the new or modified entry, the applicant may elect to comply with the previously issued requirement or amend to the new identification, modified description, and/or class. The applicant must pay the fees for any added class(es) resulting from the change. 37 C.F.R. §2.61(a)(1).

Example: In a §44 application filed on September 1, 2016, the applicant identifies goods in the nature of "broom handles" in International Class 6. In an Office action dated December 1, 2016, the examining attorney requires the applicant to specify the goods are "broom handles of metal" in International Class 6 or "non-metal broom handles" in International Class 20. Effective January 1, 2017, the entry "broom handles" was added to the ID Manual in International Class 21 as the NCL 11-2017 classifies all "broom handles" in International Class 21. The applicant may elect either to comply with the original requirement to clarify the material composition of the goods and classify accordingly, or to reclassify "broom handles" to International Class 21. In either case, the applicant must pay the fees for any added class(es).

However, an applicant cannot choose to have some goods or services in its application comply with one edition/version of the Nice Agreement and other goods or services comply with the requirements of a different edition/version.

Example: An application filed on December 1, 2016 under §1 and §44 includes "nutcrackers" and "ice tongs" in Class 8, the appropriate classification under NCL 10-2016. Under NCL 11-2017 (in effect January 1, 2017), "nutcrackers" and "ice tongs" are classified in Class 21. On or after January 1, 2017, applicant may choose to comply with the new edition/version. However, applicant may not elect to move "nutcrackers" to Class 21 (pursuant to the NCL 11-2017 classification) and retain "ice tongs" in Class 8 (pursuant to the NCL 10-2016 classification).

For information on the implementation of changes to the Nice Agreement, see TMEP §1401.09.

The identification of goods and services in an application based on §44 of the Trademark Act, 15 U.S.C. §1126, must comply with the same standards that govern other applications. TMEP §1402.01(b). Applications filed with a priority claim under §44(d) must comply with the guidance set forth in the ID Manual in effect on the filing date of the application, rather than the priority date.

Example: An application filed on January 1, 2020 under §44(d), with a priority date of December 1, 2019, includes "dried flowers" in Class 31. "Dried flowers" appeared as an acceptable entry in the ID Manual from April 2, 1991 through December 31, 2019, but was deleted from the ID Manual, effective January 1, 2020, because it is indefinite under NCL 11-2020. Although "dried flowers" was acceptable in Class 31 on the priority date, the identification must be amended because it is unacceptable under the USPTO identification policy in effect on applicant’s filing date and may encompass, for example, "edible dried flowers" in Class 29 and "dried flowers for decoration" in Class 31.

Applications filed under §44(e) also must comply with the guidance set forth in the ID Manual in effect on the filing date of the application, rather than the date of the foreign registration. Id.

Once an applicant amends the identification of goods and/or services in a manner that is acceptable to the examining attorney, the amendment replaces all previous identifications and restricts the scope of the goods and/or services to that of the amended language. Further amendments that would add to or expand the scope of the recited goods or services, as amended, will not be permitted. 37 C.F.R. §2.71(a); TMEP §1402.07(e).

See TMEP §1401.10(a) regarding the effective date of changes to the ID Manual in connection with §66(a) applications.

1401.10(a) Effective Date of USPTO ID Manual Entries for Applications Filed Under §66(a)

In a §66(a) application, the IB controls the classification of goods and services. See TMEP §1904.02(b). The IB uses the edition of the Nice Agreement in effect at the time international registration is sought to classify the goods and services. See TMEP §1904.02(c)(v). The only instance in which classification in a §66(a) application may be modified is upon the receipt of a correction from the IB. See TMEP §§1904.02(b) and 1904.02(e)(i).

Although the IB determines the classification of the goods/services, the USPTO has discretion to require the degree of particularity deemed necessary to clearly identify the goods or services covered by the mark. In re Omega SA, 494 F.3d 1363, 1365, 83 USPQ2d 1541, 1543 (Fed. Cir. 2007) (noting that the USPTO has discretion to require greater particularity than an entry in WIPO’s Alphabetical List of Goods and Services). A request for extension of protection of a registration to the United States under §66(a) must comply with USPTO identification policies and practices in effect on the "filing date" of the extension request. See TMEP §1904.01(b) for the distinction between the filing date for a request for extension of protection made in an international registration and the filing date for a request for extension of protection made in a subsequent designation.

Although the IB uses the edition of the Nice Agreement in effect at the time international registration is sought to classify the goods and services, the USPTO determines the degree of particularity or specificity needed to clearly identify the goods or services based on policies in effect on the filing date of the extension request. The identification policies in effect on the filing date of the extension request may be based on a different edition/version of the Nice Agreement than used by the IB for classification purposes. Nevertheless, the identification must be reviewed for compliance with identification policies in effect on the filing date of the extension request.

Example: "Bath salts [non-medicated]" appeared as an acceptable entry in the ID Manual in Class 3 from April 2, 1991 through December 31, 2016. On January 1, 2017, "Bath salts [non-medicated]" was deleted from the ID Manual because it is broad enough to encompass "bath salts for medical purposes" in Class 5 and "bath salts, not for medical purposes" in Class 3. If the USPTO receives a §66(a) application for "bath salts" in Class 3 with a filing date that is on or after January 1, 2017, the examining attorney must require the applicant to amend the wording "bath salts" to specify a purpose appropriate to Class 3 (e.g., "bath salts, not for medical purposes"), per the ID Manual guidance in effect on the filing date of the request for extension of protection to the United States. The identification must be amended even if it was acceptable under the edition/version used by the IB for classification purposes, because it is unacceptable under USPTO identification policy at the time of filing.

Identifications filed under §66(a) that include a priority date should also be reviewed for compliance with USPTO identification specificity requirements in effect on the filing date, rather than the priority date.

Example: A §66(a) application with a filing date of February 12, 2019 and a priority date of December 31, 2018 includes the identification "computer game software" in Class 9. The IB used NCL 11-2018 to classify the goods in Class 9. Effective January 1, 2019, USPTO policy requires that identifications for software must indicate that the goods are recorded or downloadable for classification in Class 9. "Computer game software" was an acceptable identification on the priority date; however, it is not acceptable on applicant’s filing date of February 12, 2019. The identification must be amended to indicate that the goods are recorded or downloadable to comply with USPTO identification policy in effect on applicant’s filing date.

Any proposed amendment to the identification must be within the scope of the goods/services in the class assigned by the IB. See TMEP §1904.02(c)(ii).

1401.11 Changes in Practice Based on the Restructuring of International Class 42 in the 8th Edition of the Nice Agreement

Effective January 1, 2002, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks ("Nice Agreement") was amended to add three new service classes (Classes 43 through 45). These new classes arose from the extensive restructuring of Class 42. In the course of that restructuring, many activities were removed from Class 42 and placed in one of the three new classes.

The purpose of the Nice Classification is to group, as much as possible, like goods or services in a single class. Generally, the system is successful in achieving that purpose. However, over the years, it became apparent that Class 42 included many disparate services. This was due in large part to the inclusion of the language "services that cannot be classified in other classes" in the class heading for Class 42. This language allowed services as different as "chemical research" and "horoscope casting" to be included in the class. Therefore, after much study and discussion, the Committee of Experts for the Nice Agreement approved the restructuring of Class 42. The restructuring amended Class 42 by limiting the scope of the services included in this class to computer, scientific, and legal services, and created three additional classes that grouped services previously classified in Class 42 into new classes that kept like services grouped together. See TMEP §1401.02(a); see also TMEP §1401.12(a) regarding the subsequent reclassification of legal services to Class 45 under the 9th Edition of the Nice Agreement.

Effective January 1, 2002, the language "services that cannot be classified in other classes," which previously appeared in the class heading of Class 42, was eliminated. See TMEP §1401.11(a).

1401.11(a) Elimination of "Miscellaneous Class Designation"

Prior to January 1, 2002, the language "services that cannot be classified in other classes" appeared in the class heading of Class 42. Effective January 1, 2002, this language no longer appears in any of the class headings or explanatory notes of the Nice Agreement. The Committee of Experts found that the revision of the Nice Agreement created an adequate number of well-defined classes so that this language was no longer necessary. Services must now be identified with sufficient clarity and precision to allow for appropriate classification in one of the eleven service classes.

See TMEP §§1402.11 et seq. for further information about the changes in identification and classification of services.

1401.12 General Summary of Major Changes in Practice Based on the 9th Edition of the Nice Agreement

The requirements of the 9th edition of the Nice Agreement apply to applications filed on or after January 1, 2007. For applications filed on or after the effective date of the 10th edition (i.e., January 1, 2012) and prior to the effective date of the 11th edition (i.e., January 1, 2017), any changes in practice brought about by the 10th edition supersede the 9th edition to the extent any inconsistency exists. See TMEP §§1401.13-1401.13(e) for the general summary of changes in practice based on the 10th edition of the Nice Agreement. For applications filed on or after the effective date of the 11th edition, any changes in practice brought about by the 11th edition supersede prior editions and versions of the Nice Agreement to the extent any inconsistency exists.

The most notable changes under the 9th edition are: the transfer of all legal services from Class 42 to Class 45; the determination that items made of precious metals should be classified according to their function rather than in Class 14 merely because they are made of precious metal; and the transfer of indoor aquaria and certain related items from Class 16 to Class 21. These changes are discussed below.

1401.12(a) Legal Services Transferred to International Class 45

Effective January 1, 2007, legal services were transferred from Class 42 to Class 45. Class 42 is now generally limited to computer, scientific, technological, engineering, and design services.

In 2002, when the Nice Agreement was amended to add three new service classes, Class 42 was restructured, but legal services remained in Class 42. However, over the five-year revision period that led to the 9th edition, it became apparent that Class 42 was not the most appropriate class for these services. The ultimate decision to include these services in Class 45 was based on an item in the class heading for Class 45 - "security services for the protection of property and individuals." The Committee of Experts reasoned that legal services are an extension of the security services already in Class 45. Security services provide for the protection of property and individuals, and the enforcement of that security is in the hands of the legal profession. For changes under NCL 11-2017 regarding security services, see TMEP §1401.14(e).

1401.12(b) Goods Made of Precious Metal are Classified According to Their Function

Class 14 went through the most extensive revision of all of the classes in the 9th edition of the Nice Agreement. The Committee of Experts decided that items made of precious metal that were classified in other classes based on their function when not made of precious metal, should also be classified in those classes. Goods made of precious metal that are not classified by function, but rather by material composition, e.g., statues, figurines, and boxes, are still classified in Class 14. This decision eliminated much of the confusion in this class caused by some goods being listed in Class 14 when made of precious metal and in other classes when not made of precious metal, while other goods were classified according to function without reference to any particular material composition. For example, ashtrays for smokers were classified in Class 14 when made of precious metal and in Class 34 when not made of precious metal. However, cutlery, namely forks, knives, and spoons were classified only in Class 8, even if made of precious metal, even though it is not uncommon for cutlery to be made of precious metal. The changes in the 9th edition were intended to eliminate this inconsistency.

1401.12(c) Transfer of Aquaria and Related Items

Indoor aquaria, its related accessory aquarium hoods, and indoor terrariums and vivariums were previously classified in Class 16 because they were considered instructional or teaching materials for educational purposes. This may have been true when they were first introduced into the Nice Agreement list, but that is a minimal or secondary use today. Most often, these goods are found in homes or offices as hobby or decorative items. They are traditionally made of glass so that the contents are visible. In addition, indoor aquaria, terrariums and vivariums are household containers. Therefore, they were transferred to Class 21. Other aquarium items with specific uses or functions remain in their 8th edition classes. These items include aerating pumps for aquaria in Class 7, aquarium gravel and sand in Class 19, and aquarium lights, heaters, and filtration apparatus in Class 11. However, large public aquaria that are structures are classified in Class 19, since they are made primarily from nonmetallic materials. The aquaria transferred from Class 16 to Class 21 are those that may be found in homes or offices and would not be considered structures in the nature of a building.

1401.13 General Summary of Major Changes in Practice Based on the 10th Edition of the Nice Agreement

A number of changes in the international classification of goods and services occurred in connection with the 10th edition of the Nice Classification, which went into effect January 1, 2012. The requirements of the 10th edition apply only to applications filed on or after January 1, 2012. Any changes under subsequent versions or editions of the Nice Classification supersede the 10th edition to the extent any inconsistency exists. Several notable changes under the 10th edition are discussed below. A comprehensive view of the changes and their impact on USPTO identification and classification policy can be found in the International Classification of Goods and Services for the Purposes of the Registration of Marks (10th ed. 2011), published by the World Intellectual Property Organization and available online at http://www.wipo.int, and in the ID Manual.

1401.13(a) Electric/Electrothermic Goods

Under the 10th edition, a number of electric/electrothermic goods that were previously in Class 9 are now classified in the same class as their non-electric or non-electrothermic counterparts. Electric/electrothermic goods transferred from Class 9 to Class 7 include vending machines, electric door openers, and electrodes for welding machines. Cigar lighters for automobiles were transferred from Class 9 to Class 12 (as a land vehicle part). Automatic turnstiles were deleted from Class 9 because they are considered building materials and thus are classified according to material composition, with turnstiles of metal classified in Class 6 and turnstiles not of metal classified in Class 19. The ID Manual should be consulted for the identification and classification of other electric/electrothermic goods.

1401.13(b) Amusement and Game-Playing Apparatus

Under the 9th edition, "hand-held units for playing electronic games for use with external display screens or monitors" were classified in Class 9, and "hand-held units for playing electronic games other than those for use with external display screens or monitors" were classified in Class 28. Under the 10th edition, all amusement and game-playing apparatus, whether for use with an external monitor or display screen or having a built-in monitor or display screen, are classified in Class 28. However, "headsets for playing video games" was added to the Nice Alphabetical List in Class 9 under Nice 11-2022, effective January 1, 2022.

1401.13(c) Food Additives

Under the 10th edition Nice Alphabetical List, food additives are classified in Classes 1, 5, and 29-33 according to their particular purposes. Previously, the Nice Alphabetical List recognized only two types of food additives - those for medical purposes in Class 5 and those in the nature of raw materials in Class 1. The 9th edition was silent on the classification of food additives used as ingredients in cooking and/or baking for domestic purposes. Under the 10th edition, food additives for industrial purposes, including those for use in manufacturing food, are classified in Class 1. Additionally, food additives for medical purposes and for use as dietary supplements are classified in Class 5, and food additives for culinary purposes are classified in Classes 29-33, according to the particular nature of the food additive. The 10th edition also requires that the food additive be specifically named (e.g., "lecithin for culinary purposes" in Class 29). This requirement is especially important when the food additives are for culinary purposes because classification of such goods is determined by their nature.

1401.13(d) Dietetic Substances and Meal Replacements

The 10th edition amended the Class 5 Explanatory Note to include "meal replacements, dietetic food and beverages, adapted for medical or veterinary use." For classification in Class 5, these three items must be identified as being "adapted for medical use" or "adapted for veterinary use" (or include other language indicating that these items are adapted for a particular medical or veterinary use) to make clear that their purpose and use are not as part of a regular diet for human beings or animals. Under the 10th edition (effective January 1, 2012), the specific meal replacement, dietetic food, or dietetic beverage item must also be indicated. Under the 11th edition of the Nice Agreement (effective January 1, 2017), changes were made to the requirements for the identification of dietetic foods and beverages in Class 5; for more information, see TMEP §1401.14(c).

The Class 5 Explanatory Note was also amended under the 10th edition to exclude "meal replacements, dietetic food and beverages not for medical or veterinary consumption (Cl. 29, 30, 31, 32 or 33)." This specific exclusion is a corollary to the inclusion discussed above. Previously, all meal replacements were classified in Class 5, and the Nice Agreement was silent regarding how to classify dietetic food and beverages that were not for medical or veterinary purposes. Meal replacements and dietetic food and beverages that are not for medical or veterinary use must be identified with adequate specificity to determine the particular food or beverages classes in which they should be classified. For example, "fruit-based meal replacement bars" is acceptable in Class 29 based on the wording "preserved, frozen, dried and cooked fruits and vegetables" in the Class 29 class heading, and "chocolate-based meal replacement bars" is acceptable in Class 30 based on the wording "cocoa," "confectionery," and "sugar" in the Class 30 heading.

The identification "dietetic substances adapted for medical or veterinary use" is indefinite because it does not indicate the particular goods on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See TMEP §1402.01. Identifications for dietetic substances for medical or veterinary use should set forth the common name of the specific "substances," such as "ground flaxseed fiber for use as a dietary supplement," in Class 5.

1401.13(e) Marketing Services

"Marketing" was added to the Nice Alphabetical List, in Class 35, under the 10th edition. The Nice Agreement was previously silent regarding marketing services. The addition of "marketing" reflects the recognition by the Committee of Experts that the most common use of the term "marketing" refers to promoting the goods and services of others.

1401.14 General Summary of Major Changes in Practice Based on the 11th Edition of the Nice Agreement

The 11th edition of the Nice Classification went into effect January 1, 2017. The requirements of the 11th edition apply only to applications filed on or after January 1, 2017. Any changes under subsequent versions or editions of the Nice Classification supersede the 11th edition to the extent any inconsistency exists. Several changes to identification and/or classification policy in compliance with the 11th edition are discussed below. A comprehensive view of the changes and their impact on USPTO identification and classification policy can be found in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed. 2017), published by the World Intellectual Property Organization and available online at http://www.wipo.int, and in the ID Manual.

1401.14(a) Cosmetic and Toiletry Preparations and Soaps

Under the 11th edition of the Nice Classification, cosmetics, toiletry preparations, and soap are classified in Class 3, except when those goods are medicated, are for pharmaceutical purposes, or have antibacterial or disinfectant properties. In such cases, the goods are classified in Class 5. Under the 11th edition, "medicated soap" and "disinfectant soap" were transferred from Class 3 to Class 5. "Antibacterial soap," "medicated toiletry preparations," and "medicated shampoos" were added to the Alphabetical List in Class 5. Consequently, if an identification for soaps does not specify that the soaps are antibacterial, disinfectant, or medicated, the soaps are generally classified in Class 3. Similarly, if an identification for cosmetics or toiletry preparations does not specify that the cosmetics or toiletry preparations are medicated or for pharmaceutical purposes, it is generally presumed that the goods are non-medicated and classified in Class 3.

1401.14(b) Household or Kitchen Serving Utensils and Small Hand-operated Kitchen Apparatus for Mincing, Grinding, Pressing, or Crushing

Under the 11th edition of the Nice Classification, household or kitchen serving utensils, except for "serving knives," are classified in Class 21. "Serving knives" are classified with all other knives in Class 8 under the Class Heading "cutlery." The following are examples of serving utensils that are classified in Class 21: "sugar tongs," "ice tongs," "ice cream scoops," and "ladles for serving wine."

In addition, under the 11th edition, small hand-operated kitchen apparatus for mincing, grinding, pressing, or crushing are classified in Class 21. For example, the following small hand-operated kitchen apparatus are acceptable in Class 21: "non-electric mincers," "hand-operated coffee grinders," "garlic presses," "nutcrackers," and "mortars and pestles for kitchen use."

1401.14(c) Dietetic Food and Beverages Adapted for Medical or Veterinary Use

Under both the 10th (effective January 1, 2012) and 11th (effective January 1, 2017) editions of the Nice Classification, identifications for dietetic foods and dietetic beverages in Class 5 must indicate that the goods are "adapted for medical use" or "adapted for veterinary use" (or include other language indicating that these items are adapted for a particular medical or veterinary use) to make clear that their purpose and use are not as part of a regular diet for human beings or animals.

Under the 10th edition, identifications for dietetic food and dietetic beverages adapted for medical or veterinary use in Class 5 were required to indicate the specific dietetic food, or dietetic beverage item. See TMEP §1401.13(d). However, under the 11th edition, it is no longer a requirement that the particular dietetic food or dietetic beverage item adapted for medical or veterinary use be indicated. For example, "dietetic foods adapted for medical purposes" and "dietetic beverages adapted for medical purposes" are acceptable identifications in Class 5 under the 11th edition. For information about the effective date to ID Manual changes, see TMEP §1401.10.

1401.14(d) Nut and Plant Milks; Milk Substitutes

Under the 10th edition of the Nice Classification, nut or plant milks were generally classified according to their purpose. If the goods were used as milk substitutes or used for culinary purposes, the goods were classified in Class 29. If the goods were used as beverages, other than milk substitutes, they were classified in Class 32.

Under the 11th edition of the Nice Classification, goods identified as "milk" or "milk-based beverages" must be classified in Class 29. The identification may indicate that the milk is used as a beverage or used for culinary purposes, but it is not required. For example, "almond milk," "almond milk-based beverages," and "almond milk for culinary purposes" are all acceptable in Class 29.

"Milk substitutes" was added to the Nice Alphabetical List in Class 29 under NCL 11-2017. Milk substitutes are replacements for animal milk and include, for example, "coconut milk" and "oat milk." "Milk substitutes" is an acceptable identification without further specification. The identification may indicate the particular type of milk substitute, but it is not required.

1401.14(e) Security Services in Class 42 and Class 45

Under the 11th edition of the Nice Classification, the Committee of Experts inserted new wording into the Class 42 Explanatory Note and changed the Class 45 Heading to distinguish between computer and technology services for securing computer data or personal and financial information and detecting unauthorized access in Class 42 and physical security services for protecting tangible property and individuals in Class 45.

These additions and modifications resolve ambiguity under NCL 10-2016 resulting from the co-existence in the Nice Alphabetical List of "computer security consultancy" in Class 42 and "security consultancy" in Class 45. Under the 11th edition, the Nice Alphabetical List entry "security consultancy" in Class 45 was amended to "physical security consultancy."

Examples of computer and information security services in Class 42 are "data encryption services," "electronic monitoring of personally identifying information to detect identity theft via the internet," and "monitoring of computer systems for detecting unauthorized access or data breach."

Examples of physical security services in Class 45 are "personal body guarding" and "monitoring of burglar and security alarms." Although the burglar and security-alarm monitoring activity could be rendered by computerized or electronic means, it is considered a surveillance service relating to the physical safety of persons and security of tangible property.

1401.14(f) Ivory, Bone, Whalebone, Horn, Tusks, or Other Items Prohibited under Federal Law

Use of a mark in commerce must be lawful use to be the basis for federal registration of the mark. Thus, the goods or services to which the mark is applied must comply with all applicable federal laws. TMEP §907. Identifications that include "ivory," "bone," "whalebone," "horn," or "tusks" may necessitate an inquiry regarding lawful use in commerce in connection with, for example, the Endangered Species Act (ESA), 16 U.S.C. §§1531-1544, the African Elephant Conservation Act, 16 U.S.C. §§ 4201-4246, and/or the Marine Mammal Protection Act (MMPA), 16 U.S.C. §§1361-1407. Accordingly, ID Manual entries related to "ivory," "bone," "whalebone," "horn," and "tusks" were deleted effective January 1, 2017. Additional entries, including "live coral," "ambergris," "whale oil and fat for food," and "live soft-shelled turtles," were subsequently deleted from the ID Manual because the identifications may necessitate an inquiry regarding lawful use in commerce. For additional information regarding lawful use in commerce, see TMEP §907. For information regarding effective date changes to the ID Manual, see TMEP §1401.10.

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1401 Classification

1401.01 Statutory Authority

1401.02 International Trademark Classification Adopted

1401.02(a) Headings of International Trademark Classes

1401.02(b) Short Titles for International Trademark Classes

1401.02(c) International Alphabetical List

1401.03 Designation of Class

1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44

1401.03(b) Designation of Class by USPTO When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44

1401.03(c) Failure to Classify May Delay Action in Applications Under §§1 and 44

1401.03(d) Classification Determined by World Intellectual Property Organization in §66(a) Applications

37 C.F.R. §2.85(d). Section 66(a) applications and registered extensions of protection.

1401.04 Classification Determines Number of Fees

15 U.S.C. §1112. (Extract)

1401.04(a) Prior United States Classification System

1401.04(b) Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

1401.05 Criteria on Which International Classification Is Based

1401.05(a) Identification and Classification of Kits, Gift Baskets, and Items Sold as a Unit

1401.05(b) Medical vs. Non-Medical Goods

1401.05(c) Classification and Plurality of Uses

1401.05(d) Identification and Classification of "Systems"

1401.05(e) Identification and Classification of "Food Additives"

1401.06 Specimen(s) as Related to Classification

1401.07 Specimen Discloses Special Characteristics

1401.08 Classification and the Identification of Goods and Services

1401.09 Implementation of Changes to the Nice Agreement

1401.10 Effective Date of Changes to USPTO ID Manual

1401.10(a) Effective Date of USPTO ID Manual Entries for Applications Filed Under §66(a)

1401.11 Changes in Practice Based on the Restructuring of International Class 42 in the 8th Edition of the Nice Agreement

1401.11(a) Elimination of "Miscellaneous Class Designation"

1401.12 General Summary of Major Changes in Practice Based on the 9th Edition of the Nice Agreement

1401.12(a) Legal Services Transferred to International Class 45

1401.12(b) Goods Made of Precious Metal are Classified According to Their Function

1401.12(c) Transfer of Aquaria and Related Items

1401.13 General Summary of Major Changes in Practice Based on the 10th Edition of the Nice Agreement

1401.13(a) Electric/Electrothermic Goods

1401.13(b) Amusement and Game-Playing Apparatus

1401.13(c) Food Additives

1401.13(d) Dietetic Substances and Meal Replacements

1401.13(e) Marketing Services

1401.14 General Summary of Major Changes in Practice Based on the 11th Edition of the Nice Agreement

1401.14(a) Cosmetic and Toiletry Preparations and Soaps

1401.14(b) Household or Kitchen Serving Utensils and Small Hand-operated Kitchen Apparatus for Mincing, Grinding, Pressing, or Crushing

1401.14(c) Dietetic Food and Beverages Adapted for Medical or Veterinary Use

1401.14(d) Nut and Plant Milks; Milk Substitutes

1401.14(e) Security Services in Class 42 and Class 45

1401.14(f) Ivory, Bone, Whalebone, Horn, Tusks, or Other Items Prohibited under Federal Law