1401.15(a) Dispensers
The 12th edition of the Nice Classification set up a framework for classification of dispensers involving a general rule and exceptions. Generally, under Nice 12-2023, dispensers are considered storage containers for holding items and dispensing them, as needed. Thus, they are classified in Class 6 when made of metal and in Class 20 when they are not made of metal, regardless of whether the dispensers are automatic or non-automatic. Examples of dispensers that function as storage containers and are classified in Class 6 and Class 20 according to material composition are towel dispensers, toilet paper dispensers, and queue ticket dispensers.
There are exceptions to the general rule. Certain goods that incorporate dispensing actions are classified in classes other than Class 6 and Class 20 according to the function or purpose of the goods. For example, fluid dispensing machines for industrial use and fuel dispensing pumps for service stations are classified in Class 7 because they are considered machines.
When identifying and classifying dispensers for purposes of trademark registration, the Nice Alphabetical List and the ID Manual should be consulted for examples that follow the general rule and for examples of exceptions to the rule.