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 "computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information" into the Class 42 Explanatory Note and changed the Class 45 Heading to "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." (Emphasis added. The wording "personal and social services rendered by others to meet the needs of individuals" was subsequently replaced under the 12th edition of the Nice Classification, effective January 1, 2023, with "dating services, online social networking services; funerary services; babysitting." The Explanatory Note for Cl. 45 was modified to indicate that Class 45 includes "certain personal and social services rendered by others to meet the needs of individuals.") This change distinguishes 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 Nice 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 technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information" 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 "security services for the physical protection of tangible property and individuals" 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 in Class 45.