International Trademark Classification: A Guide to the Nice Agreement [5 ed.] 0198790309, 9780198790303

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I N T E R N AT ION A L T R A DE M A R K C L A S S I F IC AT ION

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International Trademark Classification A Guide to the Nice Agreement

Fifth Edition J E S S I E N. ROBE RT S

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1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Oxford University Press 2017 The moral rights of the author‌have been asserted Fourth Edition published in 2012 Fifth Edition published in 2017 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing-in-Publication Data Data available Library of Congress Control Number: 2017931029 ISBN 978–​0 –​19–​879030–​3 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

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Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com

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Foreword Jessie N. Roberts is uniquely qualified as an authority on trademark classification matters. For more than 20 years, she was the United States Patent and Trademark Office (USPTO) official that led almost every U.S.  delegation to the World Intellectual Property Organization (WIPO) Committee of Experts and Working Group Meetings of the Nice Agreement. This was where the technical and tedious details of deciding where particular goods and services were classified and how they should be identified took place. During this entire period, Jessie was a recognized expert both in the United States and among the dozens of delegations from countries representing the ever-​increasing signatories to the Nice Agreement. I had the opportunity to accompany Jessie and also to serve as a delegation member to a few of these meetings, so I was able to witness firsthand her ability to understand and delve into the finer points of classification as issues were discussed and decisions made. This book is a compilation of Jessie’s long experience and deep dedication to the area of international classification. It gives trademark professionals the chance to tap into her knowledge that will help them navigate this sometimes mysterious process that is required for applications for trademark registration throughout the world. While international classification is primarily administrative, it can also be relevant to the strategies in filing an application and searching a mark. In the United States, because the class listings are often not sufficient for identification purposes, there is sometimes a lack of clear guidance about how a particular item is properly classified. This is particularly true where a good or service is relatively new. In cases of uncertainly, having a better sense and rationale of why it should go in the class in which you have filed it could be extremely valuable in responding to a USPTO examining attorney who is trying to move the item to another class (often resulting in an additional fee). And, as searches are sometimes limited by class, it is important that you understand what the effect of having a good or service in a particular class has on future searches by others. In addition to helping you to understand the system that will enable you to better to prepare and prosecute applications, International Trademark Classification, 5th Edition is the only place you will find all of the classification changes that have taken place over the last five years (since the 10th edition of the Nice Agreement). It is easy to read, presented class by class, and will save you the time and trouble of parsing through the national websites or WIPO online documents when you are filing in an office that uses the Nice Classification System. That alone is worth putting it on your bookshelf.

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Foreword

The bottom line is that this book is a great resource for trademark professionals that file and prosecute trademark applications. When the inevitable classification conundrums arise, you will be glad that you have this invaluable resource to turn to for answers and explanations in your legal library. Deborah S. Cohn Senior Director, Government Relations International Trademark Association

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Contents About the Author  Introduction  Introduction to the Fifth Edition  Introduction to the Eleventh Edition of the Nice Agreement  class 1  1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry class 2  10 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art class 3  17 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-​medicated soaps; perfumery, essential oils, non-​medicated cosmetics, non-​medicated hair lotions; non-​medicated dentifrices class 4  28 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting class 5  34 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 humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

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class 6  46 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 class 7  56 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-​operated; incubators for eggs; automatic vending machines class 8  65 Hand tools and implements (hand-​operated); cutlery; side arms; razors class 9  73 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-​saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-​operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-​extinguishing apparatus class 10  88 Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles class 11  97 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes class 12  105 Vehicles; apparatus for locomotion by land, air or water

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Contents class 13  110 Firearms; ammunition and projectiles; explosives; fireworks class 14  113 Precious metals and their alloys; jewellery, precious and semi-​precious stones; horological and chronometric instruments class 15  120 Musical instruments class 16  124 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks class 17  137 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 class 18  146 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 class 19  152 Building materials (non-​metallic); non-​metallic rigid pipes for building; asphalt, pitch and bitumen; non-​metallic transportable buildings; monuments, not of metal class 20  157 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 class 21  165 Household or kitchen utensils and containers; 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

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class 22  175 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 class 23  181 Yarns and threads, for textile use class 24  182 Textiles and substitutes for textiles; household linen; curtains of textile or plastic class 25  187 Clothing, footwear, headgear class 26  190 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair class 27  197 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-​textile) class 28  200 Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees class 29  209 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats class 30  218 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar; honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice class 31  226 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

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Contents class 32  233 Beers; mineral and aerated waters and other non-​a lcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages class 33  237 Alcoholic beverages (except beers) class 34  239 Tobacco; smokers’ articles; matches class 35  242 Advertising; business management; business administration; office functions class 36  252 Insurance; financial affairs; monetary affairs; real estate affairs class 37  259 Building construction; repair; installation services class 38  265 Telecommunications class 39  269 Transport; packaging and storage of goods; travel arrangement class 40  276 Treatment of materials class 41  282 Education; providing of training; entertainment; sporting and cultural activities class 42  288 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software class 43  297 Services for providing food and drink; temporary accommodation class 44  302 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

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class 45  310 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 GENERAL REMARKS  ADMINISTRATION, STRUCTURE, AND MECHANICS OF THE ALPHABETICAL LIST OF THE NICE AGREEMENT NICE AGREEMENT  APPENDIX  INDEX 

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About the Author Jessie N.  Roberts is a leading authority on the interpretation of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. Until retiring in 2011, she served as the Administrator for Trademark Identification, Classification, and Practice in the Office of the Assistant Commissioner for Trademarks at the United States Patent and Trademark Office (USPTO). Ms Roberts joined the USPTO as an Examining Attorney in 1981 and, in 1984, was promoted to the position of Senior Attorney. In 1987, Ms Roberts became the Petitions and Classification Attorney in the Office of the Director of the Trademark Examining Groups. In that capacity, she represented the United States in meetings of the Preparatory Working Group and the Committee of Experts for the Nice Agreement that were held at the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. She took a two-​year leave from the USPTO from 1992 to 1994, during which time she worked for WIPO as the Classification Officer in the International Trademark and Industrial Design Classification Section. Ms Roberts received a Bachelor of Arts from Brandeis University in 1972; a Master of Fine Arts from Brandeis in 1974; and a Juris Doctor from Vermont Law School in 1980. She is currently with the law firm of Delos, LLC, and provides consultation in the field of trademark classification and identification. She was the chairperson of the Trademark-Relations with the USPTO Committee of the American Intellectual Property Law Association until her term ended in 2016, and now serves as a member of that committee.

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Introduction The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks was concluded by the Nice Diplomatic Conference on June 15, 1957. It entered into force on April 8, 1961. The Agreement underwent various revisions until it emerged in its present form in 1977. Its purpose was to create a classification system for goods and services that would be used by as many countries as possible to promote consistency in trademark classification within national trademark offices. The international use of this system would make it easier for trademark applicants in each country to apply for marks in countries other than their country of origin. Such a system also would make it easier for countries using the system to organize and administer the trademark applications and registrations that were filed in the national offices. This book explains each of the classes that make up the classification system. It is hoped that these explanations will assist trademark owners and practitioners around the world to understand and use the system effectively, thereby avoiding delays in the processing of their applications. This book is intended to present a neutral, “international” approach to the classes rather than the practice of any particular country. The analysis should provide the basis for the national practice in any country adhering to or using the Nice Agreement. Each national office may provide its own interpretation of particular items in the Class Headings and Explanatory Notes. A national office may also classify items that are not specifically listed in the Alphabetical List of the Nice Agreement, as it deems appropriate. Thus, there may be variations in the application of the particulars of the Agreement in a specific country. However, those countries adhering to the Agreement should attempt to comply with its guidelines whenever possible. This book is intended to assist national offices and trademark practitioners in determining the classification of items that are not included in the Alphabetical List. This book attempts to define each class by discussing each item in the Class Headings and the Explanatory Notes, explaining the goods or services that are included in or excluded from each class. Each section of the book presents a single class. The Official Text of the Class Heading and the Explanatory Note for each class is presented at the beginning of each section. An examination of each item in the Class Heading and Explanatory Note follows. Supplemental Analysis is provided for those classes that present entries in the Alphabetical List that do not seem to be explained by the Class Headings or the Explanatory Notes for that class.

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Introduction to the Fifth Edition Many significant changes occurred in the eleventh edition of the Nice Agreement. The fifth edition of International Trademark Classification: A Guide to the Nice Agreement reflects those changes. The changes in the eleventh edition are not as sweeping as are some of those that occurred in recent prior editions. However, numerous changes clarify some areas of confusion and I hope make the Alphabetical List of the Nice Agreement more logical and useful for its users. One significant area of change involves the separation of various personal hygiene preparations, such as soap and shampoo, into Classes 5 and 10 depending on whether they were medicated, and therefore, properly classified in Class 10, or non-​medicated and properly classified in Class 5. Some other significant global modifications to the Alphabetical List are highlighted in the section of this book entitled “Administration, Structure, and Mechanics of the Alphabetical List of the Nice Agreement.” A new feature in the fifth edition of this book is the presentation of compil­ ations of the changes that occurred between the tenth and eleventh editions of the Nice Agreement. Before the eleventh edition, a single report was generated at the end of the five-​year revision period that reflected all of the amendments, additions, and deletions that occurred during the revision period. With a change in the structure of the revision period (see “Administration, Structure, and Mechanics of the Alphabetical List of the Nice Agreement” for further information about the change in the revision process of the Nice Agreement), there is no single report that captures all of the changes that were accepted at the individual meetings of the Committee of Experts that occurred over the five years of the revision period. The changes that occurred in each year of the revision period are presented separately at the website of the WIPO. However, in this book, a compilation of all of the changes that occurred over all five years of the revision period for each individual class is presented in the Appendix. This should prove helpful to trademark practitioners who need to see a consolidated snapshot of only the changes that occurred during the revision period. These compilations are organized into five columns. The first column indicates whether the item in the row is an Addition (A), Deletion (D), Change (C), or Transfer (T), or if it remains in the list (STET). The entries that indicate STET are items that remain in the Alphabetical List even though another designation identified by the same basic number has been deleted or significantly changed. The second column indicates the old entry, that is, the entry that was in the tenth edition of the Nice Agreement. The third column indicates the new entry for items that were changed from the tenth edition or are new to the eleventh edition. The fourth column indicates the basic number of the entry. No basic number is indicated for items that were deleted without another entry under the same basic

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number that is still included in the eleventh edition. The fifth column includes notes that may be helpful for an individual entry. It also indicates if the change, deletion, or addition was in the Class Heading, Explanatory Note, Explanatory Note—​Exclusion, or Explanatory Note—​Inclusion. The lists are organized by basic number, so synonymous entries will appear together for easy reference.

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Introduction to the Eleventh Edition of the Nice Agreement The eleventh edition of the Nice Agreement does not present any changes in the structure of the Alphabetical List engendered by the addition of classes, or major realignment of goods or services from one class to another. However, there were significant changes to how entries are presented that cross all of the classes. Rather than repeat this information in each of the individual class chapters, they are collected in this Introduction to the eleventh edition.

1.  Grammar, Spelling, and Punctuation Changes Many changes were made to the language of individual entries that were, effectively, corrections to the grammar of the entries. Some examples of those changes are: • “Hands free kits for phones” was changed to “hands-​free kits for telephones” (Basic No. 090688) • “Draughtman’s tables” was changed to “drafting tables” (Basic No. 200083) • “Aerated beverage making machines” was changed to “apparatus for aerating beverages” (Basic No. 070056)

2.  Changes to Structure for Increased Readability and Understanding Entries were changed to have the language flow more easily and, as a result, to increase the understandability of the entries. Some examples of those changes are: • “Sunburn preparations for pharmaceutical purposes” was changed to “pharmaceutical preparations for treating sunburn” (Basic No. 050100) • “X-​ray producing apparatus and installations, not for medical purposes” was changed to “apparatus and installations for the production of X-​rays, not for medical purposes” (Basic No. 090420) • “Mixers, manual [cocktail shakers]” was changed to “cocktail shakers” (Basic No. 210082)

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3. Modernization Dated or obsolete phrases were deleted or updated. Some examples of those changes are: • “Gummed taffeta plasters and court plasters” was deleted, “Adhesive plasters and sticking plasters” remain in the list (Basic No. 050019) • “Calculating disks” changed to “circular slide rules” (Basic No. 090101) • “Home banking” changed to “online banking” (Basic No. 360072)

4.  Separate US Spelling and British Spelling Entries In previous editions of the Nice Agreement, US and British spelling differences were often indicated in a single entry:  for example, “ivory [jewellery, jewelry (Am.)]” was changed to two entries, “ivory jewellery” and “ivory jewelry”—​one for the US spelling and one for the British spelling. Separate entries for US and British spellings of words existed in prior editions, but the Committee of Experts sought to make the use of separate entries for the different spellings more consist­ent than it had been in previous editions. Some other examples of this spelling split are: • “Armour-​plating of metal” and “armor-​plating of metal” (Basic No. 060047) • “Eggs for hatching, fertilised” and “eggs for hatching, fertilized” (Basic No. 310045) • “Production of teleshopping programmes” and “production of teleshopping programs” (Basic No. 350137)

5.  Entries Unique to Particular Countries and Cultures The report of the twenty-​sixth session of the Committee of Experts, stated that … it was important for certain countries to be able to continue including in the Alphabetical List products and services that are typical of their region. In cases where a term would not be broadly known as proposed, it should be possible to add a succinct explanation between square brackets. This should be particularly useful when translating such a term in different languages.

As a result, there are many additions in the eleventh edition that are terms unique to different regions of the world with brief explanations of the term in square brackets. Some examples of those entries are: • “Misbaha [prayer beads]” (Basic No. 140175) • “Gaibi [grilled meat dish]” (Basic No. 290108) • “Sado instruction [tea ceremony instruction]” (Basic No. 410210)

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6.  In Services, Changing References to People Who Perform an Activity or to Places Where an Activity Occurs to the Service or Activity Itself A service is an activity. Therefore, the Committee of Experts amended many of the entries in the service classes that were phrased as people or enterprises that performed the activity or places where the activity was performed to wording that characterized the entry as a service activity. Some examples of those changes are: • “Housing agents” was changed to “real estate brokerage,” and “real estate brokers” was deleted from the Alphabetical List (Basic No. 360008) • “Amusement parks” was changed to “amusement park services” (Basic No. 410004) • “Hotels” was changed to “hotel services” (Basic No. 430073)

7.  Expansion of Explanatory Notes Many additions and clarifications were added to the Explanatory Notes for many classes. More examples of the inclusion or exclusion are given, and these are very helpful in determining in what class an item that is not included in the Alphabetical List should be. In some classes, extensive specific inclusions and exclusions were added. Here are some examples of one such change and one such addition: • In Class 6, the following change was made in the list of specific exclusions: “certain goods made of common metals that are classified according to their function or purpose” (consult Alphabetical List of Goods) was changed to “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).” • In Class 14, the following language was added to the list of specific inclusions:  “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.”

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CLASS 1 OFFICIAL TEXT Class Heading Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Explanatory Note Class 1 includes mainly chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes. This Class includes, in particular: • compost; • salt for preserving other than for foodstuffs; • certain additives for the food industry (consult the Alphabetical List of Goods1). This Class does not include, in particular: • raw natural resins (Cl. 2); • chemical products for use in medical science (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).

Interpretation Class 1 includes, primarily, chemical products for use in industry or other general applications. Chemicals that are listed in Class 1 for an unspecified industrial use 1  References to the Alphabetical List of Goods and the Alphabetical List refer to the list estab­ lished by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) (the “Nice Agreement”).

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International Trademark Classification

may also be listed in the class in which a particular use is specified. For example, “titanium dioxide for industrial purposes” (Basic No. 010536)  is classified in Class 1, while “titanium dioxide [pigment]” (Basic No. 020106) is classified in Class 2.  The broad product fields indicated in the Class Heading suggest that goods are properly included in Class 1 if their functions are based on their chem­ ical properties rather than any specific application to which the goods may be put.

a. class heading chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry This first group of goods is the most significant. Chemicals of any kind are in Class 1 when they are used in many fields of endeavor. Specifying industry, sci­ ence, photography, agriculture, horticulture, and forestry in the Class Heading does not significantly limit the chemicals that are classified in Class 1, as opposed to those that are classified elsewhere. Classes 2, 3, and 5 are the most common classes in which chemicals with a more highly specialized purpose may be found. Except for the chemicals that are specifically and clearly included in other classes owing to their highly specialized nature, chemicals for general use are in Class 1. As indicated above, chemicals in Class 1 may be used in finished products that are classified in other classes. However, when the chemical is in its raw, unfinished state and not yet mixed with other chemicals and inert carriers into a final prod­ uct, the raw chemical is in Class 1. When chemicals are combined and refined to become a finished product used for a specific purpose, the “chemicals” become a product classified in its own unique class. For example, “cleaning preparations” (Basic No. 030104) are usually combinations of various chemicals, but they are classified in Class 3 because their purpose as a finished product dictates clas­ sification in a class other than Class 1. It should be noted that some of these fin­ ished products are specifically mentioned in the “does not include” section of the Explanatory Note for Class 1.

unprocessed artificial resins, unprocessed plastics The items in the next Class Heading are, basically, amalgams of chemicals that ultimately will be put to many uses. As the goods are transformed into finished products or materials in a more usable form, their classification will change. For example, they will be classified in Class 17 when they reach a semifinished state in the form of sheets, blocks, or rods. The unprocessed resins will eventually be used in a myriad of products that are classified in many classes. The plastics will also be made into many items. One should think of these Class 1 artificial resins and plastics as existing in vats or drums, as a material that requires further processing before it can be used by an ultimate consumer. When this raw material is put into a semifinished form that can be used by a manufacturer of finished products, it is most often classified in Class 17 (i.e., unprocessed plastic extruded into bars,

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blocks, pellets, rods sheets, or tubes that are used by manufacturers in making finished products). When the manufacturer transforms the semifinished material into a finished product, it will be classified appropriately, based on the type of finished product.

manures The Class Heading “manures” refers to “animal manure” (Basic No. 010710) that is classified in Class 1 because its value is in its chemical properties. In fact, any fertilizer whether a natural product or a purely chemical one is classified in Class 1. (It is interesting to note that the precursor of the Nice classification that was first published in 1935 listed manure in Class 1, followed by the parenthetical indication “natural and artificial.”) There is no indication as to why this add­ itional information was omitted in later versions. (See Marques de fabrique ou de commerce, Classification des produits, Repertoire des produits en francais, allemand et anglais, Bureau de l’union internationale pour la protection de la propriete indus­ trielle, 1935.) While growth-​enhancement products also are found in Class 1, this does not mean that all agricultural chemicals or other related products are classified in Class 1. “Straw mulch” (Basic No. 310046) is classified in Class 31 because it serves a protective purpose rather than a growth-​enhancing one. Also, “pesticides” (Basic No. 050439), “fungicides” (Basic No. 050151), and “herbi­ cides” (Basic No. 050204) are specifically listed in Class 5, even though they are made from chemicals and are related to agriculture. Characterizing the goods in Class 1 as growth enhancers explains why “humus” (Basic No. 010355) is in Class 1, whereas “straw mulch” (Basic No. 310046) is in Class 31. Humus is augmented with growth enhancers that make it an ideal plant-​growing medium. Mulch is a natural product that has various agricultural uses; none of which is uniquely growth related.

fire extinguishing compositions “Fire extinguishing compositions” (Basic No. 010288)  are included in Class 1 because they are purely chemical products. They are specifically mentioned because they serve a unique purpose and could be mistakenly included in another class. These compositions are to be distinguished from “fire extinguishing appar­ atus” (Basic No. 090041), which is classified in Class 9.

tempering and soldering preparations As with the other products in this class, tempering and soldering preparations are in Class 1 because of their chemical properties. The term preparation is a very important qualifier, since actual solders are found in Class 6 because they are metal products. For example, entries for “gold solder” (Basic No. 060417), “silver solder” (Basic No. 060030), and “soldering wire of metal” (Basic No.

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International Trademark Classification

060242) are in Class 6 in the Alphabetical List. The items in Class 1 include “sol­ dering chemicals” (Basic No. 010487) and “soldering fluxes” (Basic No. 010584), as well as “metal tempering preparations” (Basic No. 010682). It also should be noted that “auxiliary fluids for use with abrasives” (Basic No. 010004)  are in Class 1, although the abrasives themselves are classified in Class 3. The auxiliary fluids assist in the abrasive process, but are not abrasive in themselves, just as the soldering preparations assist in the soldering process, but are not the solder itself.

chemical substances for preserving foodstuffs “Chemical substances for preserving foodstuffs” (Basic No. 010044) are separated from the other food-​related products that are in Classes 29 and 30 because the primary purpose of these chemical substances is to conserve comestible products. It is sometimes difficult to know when a chemical is used to preserve foodstuff, as opposed to when it becomes an integral ingredient in the foodstuff itself. Usually, these chemical substances are used in an industrial setting to preserve food for commercial marketing and, thus, serve no purpose other than that of preserving food until an end-​use customer purchases it. The specific reference to these chem­ icals that could reasonably be included in the broad language of the Class Heading “chemicals used in industry …” helps to avoid the misclassification of these items in Classes 29 and 30. A good example of this type of product is “citric acid for industrial purposes” (Basic No. 010199), which can be used as a preservative for foods and beverages. Citric acid is in Class 1 because it is not a nutritional or sig­ nificant taste ingredient in the food or beverages, but it serves to preserve the foods or beverages until they are consumed by the ultimate purchaser.

tanning substances “Tanning substances” (Basic No. 010509) used in the leather-​tanning industry are also referred to specifically in the Class Heading for Class 1. Although most of these products are purely chemically based items, the inclusion of them in the Class Heading eliminates doubt as to the classification.

adhesives used in industry “Adhesives for industrial purposes” (Basic No. 010002) make the classification of this type of adhesive clear because the counterpart “adhesives [glues] for stationery or household purposes” (Basic No. 160265) exists in Class 16. The seventh edition of the Nice Agreement deleted the problematic entry “adhesives for mending broken articles” from Class 1. Such adhesives are most commonly used in the home and would be covered by the entry “adhesives [glues] for stationery or household purposes” (Basic No. 160265) in Class 16. However, that entry in Class 1 had caused problems for producers of household adhesives

 5

Class 1

5

that are used primarily for mending broken articles but are essentially the same product as adhesives used for stationery purposes or other simple household purposes. Thus, they had to apply in Classes 1 and 16 for the same product that performed the same function. The deletion of that entry in Class 1 made it clear that all household-​related adhesives are clearly classified in Class 16. Of course, adhesives used in industry for mending broken articles, such as heavy-​duty wood adhesive used by carpenters, are in Class 1 with the other industrial adhe­ sives. It should be noted that other adhesives are found in a number of classes depending on their specific uses, for example, “adhesives for affixing false hair” (Basic No. 030001) in Class 3 and “adhesives for dentures” (Basic No. 050003) in Class 5, and that various adhesive tapes or bands are classified in classes other than Class 1. However, when adhesives are used for an industrial purpose, or for purposes that are beyond personal, medical, domestic household, or stationery purposes, such as “adhesives for wall tiles” (Basic No. 010573), they are classi­ fied in Class 1.

b. explanatory note Class 1 primarily includes chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes. The beginning of the Explanatory Note uses almost the same wording as the first element in the Class Heading. This phrase needs no further explanation since it was discussed above in detail. However, the phrase that follows goes beyond the Class Heading. The language “… including those [chemicals] which go to the making of products belonging to other classes” results in many raw ingredients used in industry being included in Class 1 that could be classi­ fied in other classes, such as “agar-​agar” (Basic No. 010029), “soda ash” (Basic No. 010100), “lecithin for the food industry” (Basic No. 010663) and “leci­ thin for industrial purposes” (Basic No. 010664), and “protein [raw material]” (Basic No. 010452). But the classification of such ingredients in other classes might cause them to get lost in the classification puzzle. Classification of these items in other classes when they are in their raw forms would serve no practical purpose. They are best included in Class 1, as chemical-​based ingredients that are used to make other products. This Class includes, in particular: •  compost “Compost” (Basic No. 010622) is “a mixture of largely decaying organic matter and is used for fertilizing and conditioning land” (Merriam-​Webster’s Online Dictionary, copyright © 2017 by Merriam-​Webster, Incorporated). While this item is related to manure, it is also related to the protective agricultural coverings

6

6

International Trademark Classification

that are in Class 31. By referring to it in the specific inclusions in Class 1, it is clear that the item is classified in Class 1. This Class includes, in particular: •  salt for preserving other than for foodstuffs “Salt for preserving, other than for foodstuffs” (Basic No. 010003) could cause confusion because many food preservatives are in Class 1. This Explanatory Note makes it clear that salt used for preserving foodstuffs remains in Class 30 because it also lends a nutritional or significant taste element to the food it preserves. This classification is reinforced by the specific exclusion from Class 1 of “salt for preserv­ ing foodstuffs” (Basic No. 300014). (See the discussion below of specific exclu­ sions.) However, when salt is used to preserve goods other than foodstuffs, it should not be classified in Class 30 as a food product. Thus, the drafters of the Explanatory Note deemed it necessary to use the Explanatory Note to clarify that salt used to preserve items other than food is to be classified in Class 1; yet, when used as a food preservative, it must be classified in Class 30. This Class includes, in particular: •  certain additives for the food industry (consult the Alphabetical List of Goods) This language was added in the tenth edition following an extensive study in the area of food additives and supplements. The Committee of Experts adopted the position that additives for food that are used in the manufacture of food products and are not added specifically for medical or veterinary purposes are to be classified in Class 1. Such entries in the Alphabetical List are specified with language such as “for industrial purposes” or “for the food industry,” or have the language “raw material” or “chemical additive” included in the entry in square brackets. Many of these entries have corresponding entries in Class 5 when they are used for medical or veterinary purposes, or in Class 29 or Class 30 when used for culinary purposes, meaning, when used for non-​industrial food preparation purposes. An example of this type of entry is “alginates for industrial purposes” (Basic No. 010564) in Class 1, “alginates for pharmaceutical purposes” (Basic No. 050433) in Class 5, and “alginates for culinary purposes” (Basic No. 290116) in Class 29. This Class does not include, in particular: •  raw natural resins (Cl. 2) The first specific exclusion in the Explanatory Note for Class 1 is “raw natural resins” or, as set forth in the Alphabetical List, “natural resins, raw” (Basic No. 020061), and the note indicates (as it does with all of the other specific exclu­ sions) the proper classification for this item, namely, Class 2.  Only “artificial resins, unprocessed” (Basic No. 010455), and “synthetic resins, unprocessed” (Basic No. 010455) are classified in Class 1 (emphasis added).

 7

Class 1

7

This Class does not include, in particular: •  chemical products for use in medical science (Cl. 5) Goods, such as biological preparations or chemical reagents, are classified in Class 5 if they are for medical or veterinary purposes, but are in Class 1 if they are not for those purposes. Generally, such products, if not for medical or vet­ erinary purposes, are used in the field of science and research. However, they may also be used in industry for the manufacture of other products. Therefore, the Alphabetical List includes products such as these in Class 1 with the quali­ fication “other than for medical or veterinary purposes.” This allows for a broad range of uses for the items in Class 1, while properly limiting similar items in Class 5 to specific Class 5 uses. It is assumed that an indication of use for medical or veterinary purposes refers to a diagnostic or clinical use in which the chemical is used to identify a particular condition in individual humans or animals. These same agents are classified in Class 1 when used in conduct­ ing research concerning the very condition they diagnose in individuals. Thus, chemical products that are used to diagnose a condition in a person or animal are classified in Class 5; similar chemical products, when used in the laboratory for theoretical research purposes, including the general identification of a spe­ cific condition, are classified in Class 1. It should be noted that the use of the term science in this specific exclusion does not mean that chemical preparations used in scientific research are in Class 5. Based on the explanation above, the use of the term in this Explanatory Note exclusion refers to the use of chemical products in the medical sciences for Class 5 purposes. Such chemical preparations are in Class 5 as indicated by the note. Use of chemical products for scientific research or other non-​medical and non-​veterinary uses, puts those chemical products in Class 1. This Class does not include, in particular: •  fungicides, herbicides and preparations for destroying vermin (Cl. 5) •  adhesives for stationery or household purposes (Cl. 16) The next two categories in the specific exclusions, “fungicides” (Basic No. 050151), “herbicides” (Basic No. 050204), and “vermin destroying prepara­ tions” (Basic No. 050289) (Cl. 5) and “adhesives [glues] for stationery pur­ poses or household purposes” (Cl. 16) (Basic No. 160265) were discussed above in the context of their Class 1 counterparts listed in the Class Heading for the class. This Class does not include, in particular: •  salt for preserving foodstuffs (Cl. 30) (Basic No. 300014) “Salt for preserving foodstuffs,” which is in Class 30, is merely the converse of “salt for preserving, other than for foodstuffs” (Basic No. 010003) that was listed as a specific inclusion in Class 1 and discussed above.

8

8

International Trademark Classification

This Class does not include, in particular: •  straw mulch (Cl. 31) (Basic No. 310046) Finally, the classification of “straw mulch” was discussed above in the context of the reference in the Class Heading to “manures.”

c. supplemental commentary “Artificial sweeteners [chemical preparations]” (Basic No. 010607) Artificial sweeteners are classified in Class 1 because they are essentially chem­ icals. “Saccharin” (Basic No. 010114) itself is found in Class 1; therefore, it would be difficult to justify the classification of “artificial sweeteners” in a class other than Class 1. “Sensitized film, unexposed” (Basic No. 010581) “Sensitized film, unexposed” is classified in Class 1 because the Class Heading specifies “chemicals used in … photography.” Sensitized film and other photo­ graphic papers are merely carriers for photographic chemicals that are activated upon exposure to light or other chemicals. “Fuel for atomic piles” (Basic No. 010087) This item is classified in Class 1 because it is primarily composed of radioactive elements or chemicals. Most fuels are in Class 4, but because of the nature of the composition of this fuel product, it is classified in Class 1 as a chemical. “Oil cement [putty]” (Basic No. 010655) This item was in Class 2 in prior editions of the Alphabetical List; however, this product should be considered a type of cement. Further, while it may be resin based, it is not a raw natural resin as are the resins in Class 2, but rather it has undergone processing to become the finished product of oil cement. Therefore, it is more appropriate to classify it in Class 1 than in Class 2 owing to the inclusion of the industrial adhesives in Class 1. “Wallpaper removing preparations” (Basic No. 010653) This item was in Class 2 in prior editions of the Alphabetical List. A preparation of this type does not fit well within the Class Heading for Class 2.  Therefore, transfer to a different class was necessary. Class 1 was the appropriate class for this transfer because this item is analogous to “solvents for varnishes” (Basic No. 010606)  and “ungluing preparations” (Basic No. 010232)  included in Class 1.

 9

Class 1

9

Wallpaper removing preparations dissolve the adhesive used to affix the paper to the wall and, thus, act as a solvent. Deletion of aggressor repellent chemicals This item was formerly in Class 1 but was deleted from the Alphabetical List and replaced with “sprays for personal defense purposes” (Basic No. 130073) and clas­ sified in Class 13. See the discussion concerning the inclusion of this item in Class 13 in that section.

10

CLASS 2 OFFICIAL TEXT Class Heading Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; 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 the protection against corrosion. This Class includes, in particular: • paints, varnishes and lacquers for industry, handicrafts and arts; • dyestuffs for clothing; • colorants for foodstuffs and beverages. This Class does not include, in particular: • unprocessed artificial resins (Cl. 1); • laundry blueing (Cl. 3); • cosmetic dyes (Cl. 3); • paint boxes (articles for use in school) (Cl. 16); • insulating paints and varnishes (Cl. 17).

Interpretation Class 2 includes goods that are made to coat other items either for decorative or protective purposes. Very few items of this nature are found in classes other than Class 2. However, the proper classification of coatings that are not classified in Class 2 is sometimes difficult to discern.

a. class heading paints, varnishes, lacquers “Paints*” (Basic No. 020001), “varnishes*” (Basic No. 020003), and “lacquers” (Basic No. 020115)  are the dominant items in this class. All common paints,

 1

Class 2

11

varnishes, and lacquers are Class 2 items. Interior paint, exterior paint, artists’ paint, and paint for automobiles are examples of paints that fall within Class 2. The items included in Class 2 under this section of the Class Heading are rela­ tively easy to identify and thus cause few problems.

preservatives against rust and against deterioration of wood The preservatives against rust and against deterioration of wood are somewhat more difficult to classify than the paints are. To a degree, all paints, varnishes, and lacquers provide some protection or preservation function, as do some oils. Therefore, the Alphabetical List is very specific as to the nature of the preserva­ tives that are not classified in Class 2. Actually, the only preservatives in this class are those that are used on wood, for example, “wood preservatives” (Basic No. 020049) or to prevent rust, for example, “anti-​rust greases” (Basic No. 020079), “anti-​rust oils” (Basic No. 020083), and, the more general, “anti-​rust prepara­ tions” (Basic No. 020107). Other preservatives may be found in Classes 1, 3, or 4, depending on the nature of the preservative itself. (See the discussion of specific exclusions, below.) The Class Heading for Class 2 is clear that wood preservatives (Basic No. 020049) or those that inhibit rust (Basic Nos. 020079, 020083, and 020107) are appropriate to this class. However, the Alphabetical List suggests that paints and oils that act as preservatives for goods other than wood or metal may be in Class 2. The Alphabetical List includes preservatives for brickwork, cement, concrete, masonry, and tiles (see Basic Nos. 010381, 010196, 010117, 010380, and 010540) in Class 1 unless the preservative is a paint or an oil. These entries imply that a preservative in the form of a paint or oil that is used on brickwork is in Class 2. Yet, the Alphabetical List does not have specific listings for these goods in Class 2. Therefore, it can only be surmised that preservatives in the form of paints or oils are classified in Class 2. The problem in relying on this method of “classification by elimination” arises when determining whether a preservative coating should not be con­ sidered a chemical composition in Class 1 but rather should be considered a paint or preservative oil in Class 2. This discrepancy is further complicated by the inclusion in Class 4 of oil for the preservation of masonry and leather (see Basic Nos. 040055 and 040090). However, anti-​r ust greases and oils (see Basic Nos. 020079 and 020083) are classified in Class 2, rather than in Class 4 with the other oils and greases. Preservatives that are mixed into the very make-​up of the item being preserved do not present such a problem in clas­ sification since they may not be considered a coating of any type. Based on the Nice Agreement General Remark A under Goods, which states that a finished product is, in principle, classified according to its function or purpose, one must look to the primary purpose of the product. Some masonry preservatives are chemicals added into the raw material that eventually becomes cement

12

12

International Trademark Classification

or brick. These clearly would be classified in Class 1. However, preservatives that are applied to the surface of the finished product present a problem in classification. Perhaps a line can be drawn between preservatives that keep an item in its original condition (classified in Class 1) and those preservatives that prevent an item from corrosion by an outside force (classified in Class 2). This distinction, however, fails to explain why certain oil preservatives are in Class 4 and some are in Class 2. The Class 4 preservatives appear to be highly specialized, and it is most prudent to limit classification to those set forth in the Alphabetical List.

colorants The term colorants refers to a wide range of goods, but there are very few excep­ tions to the inclusion of these items in Class 2. All dyes, except cosmetic dyes, are classified in this class. Thus, although there may be a temptation to classify “food dyes” (Basic No. 020005) in one of the food classes, they are properly assigned to Class 2.

mordants There are two types of mordants referred to in the classification established by the Nice Agreement, and they are assigned to two different classes. Mordants that prepare a substance to accept a dye are classified in Class 2. The other type of mordant is used in etching. This type of mordant is classified in Class 1, because it comprises a chemical that facilitates the etching process. The mordant that is not classified in Class 2 must be specified as to its use. That is why the entry “mor­ dants for metals” (Basic No. 010633) is set forth with a specific use so that it will be correctly classified in Class 1.

raw natural resins “Raw natural resins” (Basic No. 020061) are used primarily in the production of lacquers and varnishes and, therefore, are classified with those products in Class 2. “Unprocessed artificial resins” (Basic No. 010462) are classified in Class 1 because they are purely chemicals and are used, primarily, in making plastics.

metals in foil and powder form for use in painting, decorating, printing and art The last item in the Class Heading, “metals in foil and powder form for use in painting, decorating, printing and art,” is set out specifically in order to avoid the misclassification of this item in Class 14, if the metals are precious, or Class 6, if the metals are not precious. They are used as paints are used and, therefore, are reasonably classified in the same class as paints. It should be noted that “silver

 13

Class 2

13

foil [leaf]” was deleted from the tenth edition of the Alphabetical List because it was logically included in Class 2 based on its Class Heading and on more general entries in the Alphabetical List. Based on the broader entries included in Class 2, such as “metal foil for painting, decorating, printing and art” (Basic No. 020092), an item such as “silver foil [leaf]” would clearly be included in Class 2.

b. explanatory note Class 2 includes mainly paints, colorants and preparations used for the protection against corrosion. This Class includes, in particular: •  paints, varnishes and lacquers for industry, handicrafts and arts This second use of the words paints, varnishes and lacquers in the official text of the Class Heading emphasizes that these are the most important goods in the class; however, the addition of the qualifying wording “for industry, handicrafts and arts” is significant. The specific reference to “industry” is neither surprising nor problematic. Clearly, paints, varnishes, and lacquers used in the building or manufacturing industries are Class 2 goods. However, the inclusion of “handicrafts and arts” is enlightening. Because “artists’ materials” and “paintbrushes” (Basic No. 160273) are included in the Class Heading for Class 16, it is reasonable to expect that paints, varnishes, and lacquers for artists could also be included in Class 16. The specific inclusion of these goods in the official text of Class 2 clarifies their inclusion in Class 2, even though many items used with the paints, varnishes, and lacquers are classified in Class 16. This Class includes, in particular: •  dyestuffs for clothing Although it may appear obvious that dyestuffs for clothing should be in Class 2, this item is different from other colorants in the class, and its inclusion could cause confusion if not set forth explicitly in the Explanatory Note. Unlike the other colorants in Class 2 that coat the surface or penetrate only minimally into the item being coated, dyestuffs for clothing penetrate the fabric so completely that they could be misclassified in Class 1, as a chemical used in the clothing industry or a chemical used to make products belonging to other classes. This specific inclusion in the Explanatory Notes eliminates any possible confusion. This Class includes, in particular: •  colorants for foodstuffs and beverages As with the dyestuffs for clothing that could be misclassified in a class other than Class 2, colorants for foodstuffs and beverages (Basic Nos. 020005 and 020004) could be misclassified in Class 29 or 30 because they permeate the food or beverage being colored to such an extent that they become part of the food or beverage itself.

14

14

International Trademark Classification

By specifically including these products in the Explanatory Note, there should be no question about their classification. Colorants for any foodstuffs or beverages, whether for human or animal consumption, are properly classified in Class 2. They should not appear in Class 29, 30, 31, 32, or 33, regardless of how integral a part of the finished product they may be. This Class does not include, in particular: •  unprocessed artificial resins (Cl. 1) (Basic No. 010462) The exclusion of these goods from Class 2 and their inclusion in Class 1 was dis­ cussed previously in the Class 1 section. Only raw natural resins are in Class 2 since they are a basic ingredient of many goods in Class 2. This Class does not include, in particular: •  laundry blueing (Cl. 3) “Laundry blueing” (Basic No. 030059)  is considered a cleaning product and, therefore, is classified in Class 3, notwithstanding that its cleaning significance is due to its coloring property. In the past, laundry blueing was used extensively to impart a blue tint to white cottons and linens that had become yellowed because of the alkali in the washing process. Because the purpose of laundry blueing is not to make white materials blue, rather it is used to counteract an unwanted side effect of multiple washings, the item is classified with other cleaning products in Class 3, rather than with dyes in Class 2. This Class does not include, in particular: •  cosmetic dyes (Cl. 3) “Cosmetic dyes” (Basic No. 030156) are so highly specialized and limited to one area of use that it is misleading to classify them anywhere other than with similar goods. Thus, cosmetic dyes are classified with other cosmetic products in Class 3, rather than with the other dyes in Class 2. This Class does not include, in particular: •  paint boxes (articles for use in school) (Cl. 16) (Basic No. 160217) Paint sets or boxes that are used by children in school are not classified in Class 2, even though they contain primarily Class 2 goods, namely, paints. These items are included in Class 16 because they are considered instructional or teaching materials. This Class does not include, in particular: •  insulating paints and varnishes (Cl. 17) Virtually all products relating to insulation, including paints and varnishes (Basic Nos. 170060 and 170057), are classified in Class 17. That they may be in the form

 15

Class 2

15

of paints or varnishes that are usually Class 2 items does not take those insulating products out of Class 17.

c. supplemental commentary “Ink*” (Basic No. 160142) While it makes sense to classify inks in Class 2, a number of inks are included in Class 16. The inks in Class 2 are “printing ink” (Basic No. 020066) for use in printing or engraving and “marking ink for animals” (Basic No. 020067) that are used to mark either animals or leather. It is interesting to note that “ink [toner] for photocopiers” (Basic No. 020121) is included in Class 2 because it is considered a printing ink. The inks classified in Class 16 are writing inks or inks for office use, such as ink ribbons for typewriters or computer printers. “Toner cartridges, filled, for printers and photocopiers” (Basic No. 020123) “Toners [ink] for photocopiers” (Basic No. 020121) are in the Alphabetical List in Class 2 as indicated above; however, the separate inclusion of “toner cartridges, filled, for printers and photocopiers” (Basic No. 020123) makes it clear that even if the toner is packaged or contained in a cartridge, it is still classified in Class 2. The purpose of the cartridge is to provide the toner, and the toner is a Class 2 item. “Toner cartridges, unfilled, for printers and photocopiers” (Basic No. 090720) are classified in Class 9 because they are considered a part of a photocopier or printer, rather than just a carrier for the ink or toner it contains. “Oil cement [putty]” (Basic No. 010655) See the discussion in Section C of Class 1, explaining the transfer of this item from Class 2 to Class 1 in the ninth edition of the Nice Agreement. “Wallpaper removing preparations” (Basic No. 010653) See the discussion in Section C of Class 1, explaining the transfer of this item from Class 2 to Class 1 in the ninth edition of the Nice Agreement. “Repositionable paint patches” (Basic No. 020125) This entry refers to paint samples mounted on small pieces of paper or other sub­ strates that can be used when considering what color to paint a wall or other sur­ face. These paint patches may be temporarily placed on the surface to be painted to show what the color will look like when applied. Although not intended to be a permanent coating for the surface, the paint patches are included in Class 2 because they are highly related to the finished coating product and should not

16

16

International Trademark Classification

be considered substrates “printed” with color, resulting in the possible misclassifi­ cation of the goods in Class 16.

d. significant changes or additions effected in the 11th edition of the nice agreement 2017 Deletion of outdated terminology In many classes of the eleventh edition of the Nice Agreement, archaic or dated terms have been deleted from the Alphabetical List. In Class 2, “gildings,” “blacks [colorants or paints],” and “whites [colorants or paints]” have been deleted. “Edible inks” (Basic No. 020128) and “edible ink cartridges, filled, for printers” (Basic No. 020129) These items are the inks used to print pictures and other decorations that are then applied to edible items, such as cakes. The inclusion of these items in Class 2 makes it clear that their primary function is that of a printing ink. They are edible because they are used on edible items and, thus, must be able to be ingested safely. However, they should not be classified in Class 29 or Class 30, as a food product. Like other food colorants, they are classified in Class 2.

 17

CLASS 3 OFFICIAL TEXT Class Heading Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-​medicated soaps; perfumery, essential oils, non-​medicated cosmetics, non-​medicated hair lotions; non-​medicated dentifrices. Explanatory Note Class 3 includes mainly cleaning preparations and non-​medicated toiletry preparations. This Class includes in particular: • deodorants for human beings or for animals; • room fragrancing preparations; • sanitary preparations being toiletries. This Class does not include, in particular: • chemical chimney cleaners (Cl. 1); • degreasing preparations for use in manufacturing processes (Cl. 1); • deodorants other than for human beings or for animals (Cl. 5); • medicated shampoos, medicated soaps, medicated hair lotions and medicated dentifrices (Cl. 5); • sharpening stones and grindstones (hand tools) (Cl. 8).

Interpretation This class is, perhaps, one of the largest and most frequently used of the entire sys­ tem. Preparations relating to cosmetics, personal hygiene (when not for medical purposes), and general cleaning or polishing are classified in Class 3. Goods that are closely related to these fields are also found in this class when they are used uniquely for Class 3 purposes. Many items could be classified in either Class 3 or a completely different class, depending on whether the use of the item is for cosmetic or toiletry purposes, or if the use of the item is for some other very specific purpose. For example, petrol­ eum jelly is classified in Class 3 if it is specified as being for cosmetic purposes (Basic No. 030109), but is in Class 5 if specified for medical purposes (Basic

18

18

International Trademark Classification

No. 050339). Cotton wool is in Class 3 when its designated use is for cosmetic purposes (Basic No. 030066) and in Class 17 (Basic No. 170032) when it is used for packing purposes. Items similar to these two examples that can be classified in more than one class depending on the specific use, should indicate the speci­ fied use as part of the identification of goods in order to justify classification in a particular class.

a. class heading bleaching preparations and other substances for laundry use Bleaches for personal use or for cleaning use are in Class 3. Bleaching preparations and other substances for laundry use are set out specifically in the Class Heading because they could easily be improperly classified in other classes. Bleaching prep­ arations could be considered a kind of dye, which would result in classification in Class 2 or as a chemical decolorant, which would require classification in Class 1. In fact, bleaching chemicals used as decolorants or for industrial purposes are properly in Class 1. However, because laundry soap and personal non-​medicated soaps are clearly in Class 3, other cleaning products also should be in Class 3. In addition, bleaching substances that clean textiles or textile-​like products (e.g., leather) and substances that have a bleaching action for cosmetic purposes are correctly classified in Class 3. “Other substances for laundry use” are also specifically listed in the Class Heading because there also could be some ambiguity in the proper classifica­ tion of these goods. The use of these words is intended to clarify the inclusion of “fabric softeners for laundry use” (Basic No. 030193), “laundry blueing” (Basic No. 030014), “starch for laundry purposes” (Basic No. 030010), and “laundry wax” (Basic No. 030051) in Class 3. These items might be classified in Classes 1, 2, or 4, but logically they are more accurately classified with other major laundry substances, including non-​medicated soap and detergents, in Class 3.

cleaning, polishing, scouring and abrasive preparations One of the largest groups of goods encompassed by Class 3 is that of preparations for cleaning, polishing, scouring, and abrading. Cleaning preparations that are so highly caustic that their cleaning properties are based on chemical reactions are found in classes other than Class 3. Goods such as “chemical cleaners for chim­ neys” (Basic No. 010174) are included in Class 1. Highly specialized cleaning preparations for medical purposes, such as “contact lens cleaning preparations” (Basic No. 050365), are found in Class 5. Otherwise, cleaning preparations are generally classified in Class 3. Additionally, polishing preparations are generally classified in Class 3. Everything from “shoe polish” (Basic No. 030228) to “den­ ture polishes” (Basic No. 030198) is included in Class 3. Scouring and abrasive preparations, such as “sandpaper” (Basic No. 030140) and “emery paper” (Basic

 19

Class 3

19

No. 030084) are in Class 3 owing to their similarity to other goods that have cleaning properties. It is important to note that abrasive and scouring prepar­ ations with a specific medical purpose are classified in Class 5; for example, “den­ tal abrasives” (Basic No. 050001) are properly classified in Class 5. Also, it should be noted that only the abrasives themselves are in Class 3. “Auxiliary fluids for use with abrasives” (Basic No. 010004) are classified in Class 1 because they do not constitute abrasives themselves. Although all of the cleaning, polishing, scouring, and abrasive preparations are in Class 3, implements used with these preparations are not included in the class. Generally, implements used for cleaning purposes, such as brushes, cloths, “scour­ ing pads” (Basic No. 210168), and the like, are classified in Class 21. (This will be discussed in greater detail in the section dealing with Class 21.)

non-​medicated  soaps Virtually all non-​medicated soaps are in Class 3, from laundry soaps to non-​medi­ cated soaps used for personal hygiene. Some of the non-​medicated soaps that are identified as being in Class 3 include “almond soap” (Basic No. 030007), “anti­ perspirant soap” (Basic No. 030163), “deodorant soap” (Basic No. 030149), and “soap for foot perspiration” (Basic No. 030143). Unless the item commonly would not be considered a non-​medicated soap for personal use, for example, “soaps [metallic] for industrial purposes” (Basic No. 010472), which are in Class 1, it is safe to classify non-​medicated soaps of all kinds in Class 3.

perfumery, essential oils, non-​medicated cosmetics, non-​medicated hair lotions This Class Heading covers the other major aggregate of goods found in Class 3. All items associated with personal care and enhancement, whether for use on animals or on humans, are classified in Class 3. Any preparations that are used to beautify, groom, or otherwise improve the appearance or condition of an ani­ mal or human, in a non-​medicinal way, are in Class 3. Some items that might be mistakenly included in other classes but that are in Class 3 owing to this heading are “adhesives for affixing false hair” (Basic No. 030001), “hair dyes” (Basic No. 030040), “beard dyes” (Basic No. 030176), “pumice stones” (Basic No. 030145), “false eyelashes” (Basic No. 030042), and “false nails” (Basic No. 030136). One area of confusion under this Class Heading concerns the proper classifica­ tion of “essential oils” (Basic No. 030100), “ethereal essences” (Basic No. 030099), and “ethereal oils” (Basic No. 030100). These three products have similar charac­ teristics. They are organic compounds that are usually based on oils, fats, or fatty acids that embody a characteristic element, such as flavor or scent, of the substance from which it is derived. The ethereal essences and ethereal oils embody the fats and fatty acids that are soluble in ether. In brief, they are organic substances that are used chiefly in the perfume and flavoring industries. These items are unique

20

20

International Trademark Classification

and separate from the essences and oils that are not made from the organic com­ pound that possesses the characteristic present in the oil or essence. The confusion lies in the application of the commonly understood definitions of essential and ethereal, as opposed to the chemical or technical definitions of the terms. While essential connotes a substance that is basic or necessary in common parlance, an “essential oil” relates to the “essence” of an organic compound that is defined as “a volatile substance or constituent possessing the special qualities of a plant … in concentrated form” (Merriam-​Webster’s Online Dictionary, copyright © 2017 by Merriam-​Webster, Incorporated). Certainly, an essential oil is an important part of the plant from which it is derived, but the definition of the term is much more technical. Similarly, ethereal is usually thought to describe something that is otherworldly or lack­ ing material substance. However, in the context of an ethereal essence or an ethereal oil, the term refers to an organic compound that is or can be com­ bined with an ether. The producers of these products of course know whether their goods must be considered “essential” or “ethereal” and should specify the nature of the product if there is any doubt. The Alphabetical List refers to some of these essential oil products, such as “essential oils of cedar wood” (Basic No. 030037), “essential oils of citron” (Basic No. 030226), “bergamot oil” (Basic No. 030021), “badian essence” (Basic No. 030015), and “terpenes [essential oils]” (Basic No. 030159). Once a product has been characterized either an essential or ethereal oil, it must be classified in Class 3, regardless of its application. Because most items relating to perfumery are classified in Class 3, any confusion should not be too serious in the perfume industry, except to assure accuracy in defining the goods themselves. Classification, however, does become problematic in the flavoring industry, because flavorings that are essential or ethereal oils are classified in Class 3, and those that are not are classified in Class 30. The terminology “made from non-​essential oils” should be avoided in describing Class 30 goods because it is not an accurate use, in a technical sense, of the term essential and can aggravate confusion caused by application of the common definition of the term essential. The preferred designation in Class 30 is “other than essential oils.” Upon specifi­ cation of the nature of the goods, proper classification in Class 3 or Class 30 may be determined.

NON-​MEDICATED dentifrices The essential components of dentifrices are an abrasive, a binder, a surfactant, and a humectant. None of these components has a medical or medicinal purpose. An abrasive in a dentifrice rubs away surface impurities, tartar, and plaque. A surfactant lowers the surface tension between two liquids or a liquid and a solid, thereby allowing the mixture to form a cohesive, consistent blend of ingredients. A humectant keeps something moist. A binder ingredient assures that all other ingredients remain a cohesive whole and do not separate into constituent parts.

 21

Class 3

21

Thus, a non-​medicated dentifrice performs a cleaning function by rubbing or abrading the surface of the teeth resulting in the removal of unwanted elements that could lead to tooth damage and decay. While many dentifrices also contain a medicinal element such as fluoride, the non-​medicated dentifrices in Class 3 accomplish their cleaning function by means of abrasion. Abrasives are generally in Class 3, as evidenced by the entry in the Alphabetical List of “abrasives*” (Basic No. 030165). It should be noted that the inclusion of an asterisk in this entry indicates that there are other abrasives in classes other than Class 3. One type of abrasives not in Class 3 is “dental abrasives” (Basic No. 050001) in Class 5. These abrasives are those that are used by dentists. They are often stronger and, because of that, more invasive into the tooth surface than Class 3 abrasives. They may also be in the form of dental tools that are used to file away a tooth surface in a manner that is less aggressive than an actual dental filing tool but more penetrating into the tooth surface than a Class 3 abrasive. Along with non-​medicated dentifrices, “mouthwashes, not used for medical purposes” (Basic No. 030031) are included in Class 3.

b. explanatory note Class 3 includes mainly cleaning preparations and non-​medicated toiletry preparations. This Class includes, in particular: •  deodorants for human beings or for animals “Deodorants for human beings or for animals” (Basic No. 030180) are enumer­ ated specifically in the Explanatory Note as being included in Class 3 because deodorants used for other purposes are explicitly included in Class 5.  Class 5 includes sanitary preparations, and although deodorants for human beings or for animals easily could be considered a sanitary preparation, it makes more sense to include them in Class 3 because they are thought of more as toiletries than as sanitary preparations. “Antiperspirants [toiletries]” (Basic No. 030162) also are in Class 3. This Class includes, in particular: • room fragrancing preparations The definitive inclusion of “room fragrancing preparations” in the Explanatory Note, as well as the specific entry of “air fragrancing preparations” (Basic No. 030215) in the Alphabetical List is intended to draw a distinction between prepa­ rations that solely affect the air in a room, which are properly in Class 3, from those preparations used to deodorize or purify the air. Such air deodorizing and purify­ ing preparations (Basic Nos. 050401 and 050005) are in Class 5 because they pro­ vide sanitation functions that go beyond merely fragrancing the air. Fragrancing is a function of Class 3 goods as indicated by the inclusion of the term “perfumery” (Basic No. 030141) in the Alphabetical List and the Class Heading of the class.

2

22

International Trademark Classification

This Class includes, in particular: •  sanitary preparations being toiletries This entry includes products, such as “soap for foot perspiration” (Basic No. 030143). See, also, the discussion in Class 5 concerning the Class Heading “sani­ tary preparations for medical purposes.” It is important to note the distinction between sanitary preparations that are considered toiletries and sanitary prepar­ ations used for medical purposes. This Class does not include, in particular: •  chemical chimney cleaners (Cl. 1) As indicated above, “chemical chimney cleaners” (Basic No. 010174) are in Class 1 rather than in Class 3, because the cleaning action of these goods is corrosive, based on their chemical composition. The preparation is intended to eat away soot and other substances that can build up in a chimney from repeated fires. Even though industrial-​strength cleaners are in Class 3, this item goes beyond those cleaners. It is more analogous to “anti-​incrustants” (Basic No. 010073) or “substances for removing polish” (Basic No. 010238), both of which are in Class 1. Because it is a departure from the established classification of cleaning agents in Class 3, it is set out specifically in the Explanatory Note. This Class does not include, in particular: •  degreasing preparations for use in manufacturing processes (Cl. 1) Unlike degreasing preparations for cleaning purposes, “degreasing preparations for use in manufacturing processes” (Basic No. 010231) are in Class 1, rather than in Class 3, because the purpose of the degreasing agent in manufacturing is not to clean. Rather, it is a part of the manufacturing process that allows it to go forward. There may be a number of reasons for using degreasers in manufacturing processes, but cleaning is not usually one of them. Degreasers may be used to enable an ingre­ dient in the manufacturing process to combine more readily with other ingredients or to cause an increase in friction so that an item passes through the manufacturing process more slowly, resulting in certain procedures being carried out more easily. This Class does not include, in particular: •  deodorants other than for human beings or for animals (Cl. 5) As a counterpart to the specific inclusion of “deodorants for human beings or for animals” (Basic No. 030180) included in Class 3, deodorants, other than those used for human beings or for animals (Basic No. 050119) are specifically excluded from Class 3. These goods are properly classified in Class 5 for several reasons. First, they are not toiletries. Second, the deodorizing action of deodorants other than those for use by humans or animals usually involves a bactericidal or germi­ cidal action. Goods with these functions are properly classified in Class 5. Thus,

 23

Class 3

23

deodorants for trash cans, interior spaces such as living or office space, automobile deodorants, and other deodorants that are not for human beings or for animals are in Class 5. This Class does not include, in particular: • medicated shampoos, medicated soaps, medicated hair lotions and medicated dentifrices (Cl. 5) This specific exclusion was added to the Explanatory Notes in the eleventh edition of the Nice Alphabetical List and it represents a very significant change in classifi­ cation policy on the part of the Nice Union. In prior editions of the Alphabetical List, all shampoos, soaps, hair lotions, and dentifrices had been included in Class 3, regardless of whether they were medicated or not. The rationale had been that all shampoos, soaps, hair lotions, and dentifrices were primarily used as toiletries or cleaning preparations with only incidental medical properties. Also, the accept­ ance of such a change would have required specification for, and dual classification of, all items in the Alphabetical List that could have a medical or non-​medical use. After years of attempting to rectify this problematic classification pattern, the eleventh edition of the Nice Agreement and Alphabetical List has separated these items into Class 3 if they are non-​medicated and Class 5 if they are medicated. This clarification is a welcome resolution of a long-​standing ambiguity in the Class Heading, Explanatory Note, and Alphabetical List entries for Classes 3 and 5. This Class does not include, in particular: •  sharpening stones and grindstones (hand tools) (Cl. 8) Because abrasive preparations are included in Class 3, it would be rational to clas­ sify other abrasive goods in Class 3. “Sharpening stones” (Basic No. 080003) and “grindstones [hand tools]” (Basic No. 080201), although possessing abrasive prop­ erties, are pieces of larger equipment and, therefore, are specifically set forth in the exclusions from Class 3. These and other pieces of abrasive apparatus are tools and, if hand-​powered, are properly classified in Class 8. “Sandpaper” (Basic No. 030140), on the other hand, is not an apparatus. It is primarily an abrasive preparation in sheet form and is correctly classified in Class 3, as stated in the Class Heading.

c. supplemental commentary Degreasers The inclusion of “degreasers, other than those used for manufacturing pro­ cesses” (Basic No. 030077) in Class 3 may cause confusion because of the spe­ cific exclusion of degreasers for use in manufacturing processes from Class 3. As previously discussed, such degreasers are in Class 1, because degreasers used in the manufacturing process are usually mixed together with the raw materials that go into the manufacturing process. Instead of acting like a

24

24

International Trademark Classification

cleaning agent, the degreaser causes a chemical reaction that enables the manu­ facturing process to go forward and it is part of the process itself. Degreasers classified in Class 1 are industrial chemicals with degreasing properties rather than cleaning agents. Cosmetic kits There are very few kits included in the Alphabetical List; however, one type of kit that is included in Class 3 is a “cosmetic kits” (Basic No. 030064). Although it is possible for cosmetic kits to contain items other than those classified in Class 3, the majority of goods included in such kits are Class 3 goods. Such a kit would include “soap*” (Basic No. 030012), “cosmetic preparations for skin care” (Basic No. 030142), “make-​up” (Basic No. 030102), “make-​up removing preparations” (Basic No. 030078), and “shampoos*” (Basic No. 030134) or other hair care prep­ arations. All of these goods are classified in Class 3. Rather than requiring appli­ cants to enumerate the individual goods contained in these kits, the Committee of Experts for the Nice Agreement decided to accept the otherwise indefinite ter­ minology “cosmetic kits,” because they were reasonably satisfied that these kits contained predominantly Class 3 goods. Emery products “Emery” (Basic No. 030094), “emery cloth” (Basic No. 030086), and “emery paper” (Basic No. 030084) are classified in Class 3 based on the abrasive quality of these goods. However, nail care items with similar abrasive qualities, such as “emery files” (Basic No. 080257), “nail files” (Basic No. 080168), “nail nippers” (Basic No. 080074), “scissors*” (Basic No. 080040), and “fingernail polishers, electric or non-​electric” (Basic No. 080214), are included in Class 8 because they are considered hand tools. Pumice “Pumice stone” (Basic No. 030145), as an abrasive, is also classified in Class 3. Because pumice stone also has uses other than as an abrasive, it might be helpful to include an entry for these goods in Class 19 as non-​metal building material, with appropriate qualifying language. However, until this proposal is made, and subsequently adopted by the Committee of Experts, it must be assumed that the pumice stone in Class 3 is used for its abrasive quality, and pumice stone used for other purposes should be classified elsewhere. “False hair” (Basic No. 260043) “False nails” (Basic No. 030136) and “false eyelashes” (Basic No. 030042) are classified in Class 3, as are the “adhesives used to affix false eyelashes” (Basic

 25

Class 3

25

No. 030178) and “adhesives to affix false hair” (Basic No. 030001). These all seem to be fairly reasonable cosmetic items. However, “false hair” (Basic No. 260043) is in Class 26, along with other hair-​enhancing implements, such as “hair pins” (Basic No. 260041) and “hair nets” (Basic No. 260042), even though it would seem more reasonable to include false hair in Class 3 with the other false or artificial cosmetic items, while leaving the implements in Class 26 with other personal fastening devices. Perhaps because false hair transcends other, simpler cosmetics, the Committee of Experts chose to exclude false hair from Class 3. Regardless of the rationale behind the classification, it is impor­ tant to remember that false hair is classified in Class 26 and not Class 3. “Breath freshening sprays” (Basic No. 030204) Breath freshening spray is an item that could be classified in either Class 3 or Class 5. On the one hand, it is a cleaning agent in the sense that it cleans or freshens the breath. On the other hand, the process of breath cleaning or freshening often involves the killing of bacteria, a function usually attributed to items classified in Class 5. Other goods included in Class 3 that are analogous to breath freshen­ ing sprays are “mouthwashes, not for medical purposes” (Basic No. 030031) and “dentifrices*” (Basic No. 030079). Therefore, breath freshening spray is classified in Class 3 with analogous goods. “Dry-​cleaning preparations” (Basic No. 030205) Dry-​cleaning preparations are composed primarily of chemicals. However, their purpose is to clean, which is a primary characteristic of Class 3 goods. In order to avoid confusion and misclassification of these goods, dry-​cleaning preparations are set forth specifically in Class 3. “Canned pressurized air for cleaning and dusting purposes” (Basic No. 030209) This item is included in Class 3 to avoid mistakenly classifying it in Class 1 or even Class 21. Class 1 is a possible category for classification because “air” is a combination of chemical gases and, as such, canned pressurized air could be con­ sidered a chemical product. It also could be classified in Class 21 because it acts as a substitute for a cleaning cloth or brush, both of which are classified in Class 21. However, the air itself acts as the cleaning agent as it is propelled out of the pres­ surized can; therefore, these goods are correctly classified in Class 3. “Dental bleaching gels” (Basic No. 030210) These goods are explicitly included in Class 3 to avoid misclassification in Class 5. Although dental bleaching gels perform a function other than cleaning the teeth as a dentifrice does, they are logically related to those goods. They are not

26

26

International Trademark Classification

considered a medicated dental product and, therefore, should not be classified in Class 5. And, as indicated above, the function of these goods as a bleaching agent qualifies them as Class 3 goods. The addition of “teeth whitening strips” (Basic No. 030235) in Class 3 in the eleventh edition of the Alphabetical List reinforces the classification of dental bleaching gels in Class 3. “Joss sticks” (Basic No. 030213) The explicit inclusion of these goods in Class 3 avoids confusion as to where these goods otherwise could be classified. Joss sticks are most commonly used for reli­ gious purposes; however, there are no distinctive classes in the Nice Agreement for religious implements. The goods are essentially a type of incense, so the entry was accepted in Class 3, as “incense” (Basic No. 030095) and “potpourri [fragrances]” (Basic No. 030203) currently are both classified. All of these items release a fra­ grance into the air so they are all appropriately classified in Class 3, which is the appropriate class for fragrance products. Transfer of “cloths impregnated with a detergent for cleaning” (Basic No. 030211) The transfer of these goods from Class 21 to Class 3 is very significant. Class 21 is the class in which cleaning cloths are classified; however, when cloth is impreg­ nated with a cleaning substance, it makes sense for that good to be classified with other cleaning substances. Of course, using a pre-​saturated cloth may be easier than pouring the cleaning substance from its container onto a cloth, but the prod­ uct is being purchased on account of its cleaning properties and not because it is a cloth. Class 3, therefore, is a more appropriate class for this item, and the transfer makes rational sense. “Drying agents for dishwashing machines” (Basic No. 030214) Although various chemicals comprise these drying agents, as indicated above in Class 1, the fact that a preparation is made from chemicals does not auto­ matically force its classification in Class 1.  Drying agents for dishwashing machines present a good example of this apparent paradox. The final purpose for these drying agents is part of the cleaning and polishing function that is provided by dishwashing machines. As such, the combination of chemicals goes beyond the effects produced by other chemicals in Class 1. Hence, the finished item is appropriately classified based on its function as cleaning agent in Class 3.

 27

Class 3

27

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Separation of non-​medicated personal cleaning or toiletry items in Class 3 and medicated cleaning or toiletry items in Class 5 As indicated above, this is a major evolution, if not a revolution, in the classifica­ tion practice concerning these goods. This new pattern makes complete sense within the purpose of the Nice Agreement of classifying like goods in one class. The previous inclusion of all soaps, cosmetics, hair lotions, dentifrices, and other toiletries and personal care items in Class 3, regardless of whether they were medi­ cated or not, went against the overall classification scheme of the Nice Agreement. Thus, beginning with the entry into force of the eleventh edition of the Nice Agreement and Alphabetical List, soap used for cleansing the skin will be in Class 3, and soap for treating acne will be in Class 5. This pattern will be followed for all items that could be used for a medicinal or non-​medicinal purpose, depending on their specific ingredients.

28

CLASS 4 OFFICIAL TEXT Class Heading Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. Explanatory Note Class 4 includes mainly industrial oils and greases, fuels and illuminants. This Class does not include, in particular: • certain special industrial oils and greases (consult Alphabetical List of Goods).

Interpretation Class 4 is a rather uncomplicated class. It contains, primarily, oils, greases, and lubricants, as well as fuels and non-​electrical illuminants, such as candles. This class also includes wetting and binding compositions.

a. class heading industrial oils and greases This entry in the Class Heading is very straightforward so long as the word industrial is given proper attention. Oils and greases may be in other classes, but those that have general industrial applications are usually found in Class 4. Oils ascribed a particular purpose are often found in classes other than Class 4, when that distinctive purpose is easily classifiable. For example, “oils for cleaning pur­ poses” (Basic No. 030117) and “oils for perfume and scent” (Basic No. 030118) are included in Class 3, “oils for the preservation of food” (Basic No. 010348) and “oils for tanning leather” (Basic No. 010350) are classified in Class 1, and “cod liver oil” (Basic No. 050150) and other “medicinal oils” (Basic No. 050167) are assigned to Class 5.

 29

Class 4

29

However, both oils for general industrial use and oils that are functional simply because they are oils are classified in Class 4. Examples of such oils include “oil for the preservation of leather” (Basic No. 040086) or “oil for the preservation of masonry” (Basic No. 040055), “oils for paints” (Basic No. 040102), and “oils for releasing form work [building]” (Basic No. 040036). These oils are used based on their properties as oils, and not because they have a function better adapted to another class. “Oils for cleaning purposes” (Basic No. 030117) and “oils for cur­ rying leather” (Basic No. 010601) belong in Classes 3 and 1, respectively, and not in Class 4 because it is not critical to the utility of such goods that they are oil. The oils in Class 4 are in this class because they function as oils. Oils that preserve leather are effective precisely because they are oils, not because the substance hap­ pens to be in oil form with additional properties that preserve leather. Although the Alphabetical List assigns many other kinds of preservatives to other classes, oils and paints that perform a preserving function are clearly exempted from those other classes. Oils that preserve because they are oils are in Class 4, and paints with a preservative quality are in Class 2. Most greases are in Class 4. The proper classification of greases is even simpler to accomplish than that of oils. Greases not found in Class 4 have highly spe­ cialized functions, such as “greases for cosmetic purposes” (Basic No. 030111) in Class 3 and “greases for medical purposes” (Basic No. 050163)  or “greases for veterinary purposes” (Basic No. 050164) in Class 5.

lubricants Unlike the oils and greases, very few lubricants are found in classes other than Class 4. Most “lubricants” (Basic No. 040063) are for general use for their lubri­ cating properties. “Petroleum jelly for industrial purposes” (Basic No. 040047) is in Class 4; however, “petroleum jelly for cosmetic purposes” (Basic No. 030109) is in Class 3, and “petroleum jelly for medical purposes” (Basic No. 050339) is in Class 5. This makes sense because of the highly specialized nature of the petrol­ eum jellies that are not in Class 4.  Thus, except for lubricants that have very specific uses, general-​purpose lubricants are classified in Class 4.

dust absorbing, wetting and binding compositions Although this Class Heading entry may seem rather specific, without such a ref­ erence, it would be very difficult to determine the proper classification of these goods. “Dust binding compositions for sweeping” (Basic No. 040012) is an exam­ ple of this type of goods. Goods that perform a similar function of binding or attracting dust often have similar characteristics to other goods in Class 4. For example, oils and greases cause dust to collect where they have been applied. While these binding compositions are not necessarily oils or greases, the fact that they perform this specific function in a similar way explains their classifica­ tion in Class 4. Certainly, no other class makes sense that is more rational. The

30

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International Trademark Classification

compositions are not simply chemicals, so Class 1 is not an alternative for clas­ sification. And although they may perform a cleaning function, it is not based on an inherent cleaning property, so Class 3 also is incorrect for assignment of these goods. Moreover, their purpose may not be at all for cleaning; these goods could be used simply to keep dust from floating into the air or from infiltrating machin­ ery or other equipment where it could cause serious damage. The explicit inclusion of “dust absorbing, wetting and binding compositions” in Class 4 confirms their proper placement in the class.

fuels (including motor spirit) and illuminants This entry in the Class Heading is easier to explain and understand than the preceding dust-​related compositions. “Fuels” (Basic No. 040025)  and illu­ minants are often made from oils and greases and, sometimes, even lubri­ cants. Therefore, it is logical to include these goods in this class. Virtually all fuels are classified in this class, from “firewood” (Basic No. 040013) and “peat” (Basic No. 040024)  to “gasoline” (Basic No. 040051)  and “benzene fuel” (Basic No. 040082). The same can be said for the classification of non-​ electrical illuminants. The line between fuels and illuminants is very fine but is not critical to classification because both types of goods belong in this class. Some goods relating to both fuels and illuminants also are properly classified in this class. “Wood spills for lighting” (Basic No. 400006) or “paper spills for lighting” (Basic No. 040005)  and “firelighters” (Basic No. 040007)  are included in Class 4. Fuels and illuminants are, perhaps, the easiest goods to classify in this class.

candles and wicks for lighting It is reasonable to find that “candles” (Basic No. 040015) are classified in Class 4 following fuels and illuminants. It might even seem unnecessary to include this item in the Class Heading at all because its place is made reasonably clear by the preceding heading entry. Yet, there can be confusion as to the proper classi­ fication of candles owing to the language in the Class Heading of Class 11 that refers to “apparatus for lighting.” Logically, candles could be considered apparatus for lighting, just as “lanterns for lighting” (Basic No. 110041) that are correctly classified in Class 11. The difference between these goods and the reason for the difference in their classification are that candles are inseparable from and, in fact, are composed of the fuel that causes them to generate light, namely, “wax [raw material]” (Basic No. 040027). A lantern, on the other hand, is the apparatus that provides the illumination once a Class 4 fuel, such as “kerosene” (Basic No. 040059), is added to it so that it can provide light. Therefore, candles are properly classified in Class 4, rather than in Class 11. Wicks for lighting specifically are included in the Class Heading because it would be reasonable also to classify wicks in Class 22 as a kind of rope or string.

 31

Class 4

31

So it is helpful to include wicks in this Class Heading for the sake of clarity. In addition to “wicks for candles” (Basic No. 040046), this Class Heading also includes “lamp wicks” (Basic No. 040061). Note that this Class Heading was changed in the eighth edition of the Nice Agreement (2001) to clarify that the wicks belonging in this class were for lighting purposes so that they would not be confused with string used for other purposes. The same Class Heading in the preceding seventh edition simply read “candles, wicks,” and, therefore, the cur­ rent language for this Class Heading language that was introduced in the eighth edition is much clearer.

b. explanatory note Class 4 includes mainly industrial oils and greases, fuels and illuminants. This Class does not include, in particular: •  certain special industrial oils and greases (consult Alphabetical List of Goods) As a preliminary comment, it is interesting to observe that the Explanatory Note for Class 4 does not set forth any specific inclusions. This is likely because the Class Heading describes the goods with considerable specificity and provides vir­ tually all of the necessary information to assure proper classification. The single exclusion from this class acknowledges that there are a number of specialized oils and greases not classified in Class 4. For example, “insulating oils” are in Class 17; oils for perfume and scents and essential or ethereal oils are in Class 3; and oils for food purposes, such as vegetable, soy, safflower, and canola oils, are in Class 29. Yet, as indicated above, most industrial oils and greases that are used based on their characteristics as oils are rightly classified in Class 4.

c. supplemental commentary “Cutting fluids” (Basic No. 040101) Cutting fluids are found in Class 4 because they are used as lubricants in the metal-​cutting industry. They could be classified in Class 1, but they are more appropriately included in Class 4 because their primary purpose is lubrication. “Non-​slipping preparations for belts” (Basic No. 040009) Non-​slipping preparations for belts might appear to be an anomaly in Class 4, because, unlike other goods in this class, such as oils, greases, and lubricants, the purpose of these preparations is to prevent slippage rather than encourage it. These goods usually are used in manufacturing and are applied to conveyor belts to keep them from slipping off the track or rollers that guide them. They are included in Class 4, however, because no other class better accommodates these preparations.

32

32

International Trademark Classification

Certainly, they are related to other lubricants found in the class, which is most likely why the Committee of Experts included these goods in this class. “Wax” (Basic No. 040027) Wax as a raw material is classified in Class 4. Because many other wax products are classified in various other classes, it is critical to remember that only wax in its raw state is included in this class. Cobblers’, depilatory, laundry, mustache, and polishing waxes (Basic Nos. 030050, 030097, 030051, 030052, and 030054, respectively) are in Class 3; “grafting wax for trees” (Basic No. 010198) is in Class 1; “sealing wax” (Basic No. 160055) is in Class 16; and “wax for skis” (Basic No. 280063) is in Class 28. However, as a raw material, wax is classified in Class 4. Because wax may be used as a lubricant or as a fuel (see the previous discussion concerning candles), it is sensible to classify wax in this class. “Matches” (Basic No. 340001) Matches are not classified in Class 4. It would be understandable to classify them in this class because they are illuminants. It also would be reasonable to classify matches in Class 13, as matches are activated by a small explosion. However, they are classified in neither of these classes. Matches are classified in Class 34, owing to their close relationship with other smokers’ articles. “Perfumed candles” (Basic No. 040105) These goods were introduced into the Alphabetical List to avoid mistakenly clas­ sifying them in Class 3. Because they give off a fragrance, it would seem logical to classify perfumed candles in Class 3. However, they are fundamentally candles and should be classified with other candles in Class 4. The rationale used in clas­ sifying perfumed candles is similar to the reason for classifying, “drawer liners of paper, perfumed or not” (Basic No. 160344) in Class 16. Drawer liners are purchased to perform a particular function and, if made of paper, drawer liners are classified in Class 16. While it may be a pleasant, additional benefit if they are scented, the inclusion of scent does not detract from their main purpose of lining a drawer, classified in Class 16 if they are made of paper. “Electrical energy” (Basic No. 040106) Classification of electrical energy was the subject of great controversy and debate. The main problem was determining whether it should be considered a good. It is not packaged in boxes or any other traditional container, and yet it is a commod­ ity regularly bought and sold. Further, once it can be agreed that electrical energy should be recognized as a good, how do you determine its appropriate classifica­ tion? Class 1 was considered as a possibility for classification. Even though electri­ cal energy is not a chemical product, it seems to have chemical effects in various

 3

Class 4

33

circumstances. After much debate, it was finally accepted into the Alphabetical List and classified in Class 4, because it is basically, a fuel. As suggested in Article 2 of the Nice Agreement, if a signatory to the Nice Agreement has any legal, conceptual, or ethical problem with an entry in the Alphabetical List, it is not bound to accept those goods or services in trademark applications submitted to the national office of that country. Thus, the acknowledgment of electrical energy as a good may be realized on a country-​by-​country basis. However, if a country recognizes electrical energy as a good, it must be classified in Class 4 as mandated by the Alphabetical List.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Transfer of chemicals to Class 1 and clarification of chemical-​based fuels in Class 4 It was determined that there were a number of chemicals in Class 4 based on their use in fuels. However, the basic chemical name should not have been included in Class 4. Therefore, “xylene” (Basic No. 010712), “xylol” (Basic No. 010711), and “benzol” (Basic No. 010714) were transferred to Class 1 in the Alphabetical List of the eleventh edition of the Nice Agreement. “Xylene fuel” (Basic No. 040113) and “benzene fuel” (Basic No. 040112) were added to Class 4. It should be noted that “benzine” (Basic No. 040110)—​not to be confused with “benzene”—​has been retained in Class 4. However, it was deleted from its inclusion under Basic No. 040043, the basic number that identifies “pet­ rol.” Benzine is used as a fuel and is properly classified in Class 4, but it is of a different nature from petrol. Therefore, it is now a separate entry under Basic No. 040110.

34

CLASS 5 OFFICIAL TEXT Class Heading 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 humans 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 incontinents; • 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, dietetic food and beverages, adapted for medical or veterinary use; • cigarettes without tobacco, for medical purposes; This Class does not include, in particular: • sanitary preparations being non-medicated toiletries (Cl. 3); • deodorants for human beings or for animals (Cl. 3); • supportive bandages (Cl. 10); • meal replacements, dietetic food and beverages not for medical or veterinary use (Cl. 29, 30, 31, 32 or 33).

Interpretation a. class heading The Class Heading for Class 5 is quite comprehensive and helpful for determining the goods that are included in the class. The majority of items found in Class 5 fall

 35

Class 5

35

within the definition of the first phrase of the heading, namely, “pharmaceuticals, medical and veterinary preparations.” Although perhaps not obvious from read­ ing the words, a large proportion of the goods included in Class 5 emanate from this phrase.

pharmaceuticals, MEDICAL and veterinary preparations The term medical was added to the first entry in the Class Heading in the elev­ enth edition of the Nice Agreement. This addition makes it clear that prepar­ ations that are not considered pharmaceutical or veterinary in nature but are still deemed medical preparations are in Class 5. For example, “biological preparations for medical purposes” (Basic No 050305) are medical preparations but would not be considered pharmaceuticals. Therefore, including medical in the Class Heading eliminates any ambiguity that products such as these are classified in Class 5. It should be noted that “biological preparations for veterinary purposes” (Basic No. 050361) are also included in the Alphabetical List and clearly come under the “veterinary preparations” language in the Class Heading. Also, it is important to notice that the item must be a preparation, not an apparatus or instrument used in the pharmaceutical, medical, or veterinary field. Apparatus and instruments for these purposes generally are classified in Class 10. Next, the preparation must serve a pharmaceutical, medical, or veterinary pur­ pose. If an item fits within the definition of a “preparation” and it is used for one of these three purposes, the item should be classified in Class 5. Questions might arise in determining whether to classify testing preparations in Class 1 or Class 5. For example, “chemical reagents for medical or veterinary purposes” (Basic No. 050364) are in Class 5, whereas “chemical reagents, other than for medical or veterinary purposes” (Basic No. 010178), such as theoretical laboratory testing or research, are in Class 1. Because chemical reagents cover a broad range of products, the distinction is not difficult to apply. The chemical reagents in question have either a medical or a veterinary application or they do not. The purpose of the goods controls the classification. More difficult to determine is the distinction between “diagnostic prepar­ ations for medical purposes” (Basic No. 050330) in Class 5 and “diagnostic preparations, other than for medical or veterinary purposes” (Basic No. 010243) in Class 1. Diagnosis usually involves an evaluation or analysis; however, some­ times diagnosis is done for research or theoretical purposes, and sometimes it is done for the identification of a disease or condition in a particular human being or animal, and therein lies the difference. Preparations used for diag­ nosis in a research laboratory or theoretical setting are properly classified in Class 1; whereas preparations used for diagnosis in a clinical medical setting to determine the existence of a disease or condition in a particular individual are correctly classified in Class 5. Preparations that help diagnose conditions that are not medically or veterinary related clearly belong in Class 1. For example, preparations that diagnose whether a refrigeration system is leaking refrigerant are classified in Class 1.

36

36

International Trademark Classification

sanitary preparations for medical purposes Sanitary preparations used as toiletries that are classified in Class 3, are goods used for cleaning or sanitation purposes that do not serve a medical purpose. They include “soap*” (Basic No. 030012), “shampoos*” (Basic No. 030134), or “deodorants for human beings or for animals” (Basic No. 030180). Sanitary preparations for medical purposes classified in Class 5 go beyond simple cleaning. They are medicated or they sterilize or disinfect—​a ll characteristic of Class 5 goods. Thus, the asterisk is added to many items in Class 3, includ­ ing soap and shampoos, because the medicated form of soaps and shampoos are in Class 5 based on revisions made in the eleventh edition of the Nice Agreement.

dietetic food and substances adapted for medical or veterinary use, food for babies These next items included in the Class Heading may cause confusion between the goods properly classified in Class 5 and those classified in the food and beverage classes, Classes 29 through 32. Food for human beings that is specifically for dietetic purposes should be classified in Class 5, and the description of the goods should specify that it be for medical purposes. In order to be dietetic, the food must serve a specific medical requirement and usually be eaten under the supervision of a doctor. Food for diabetics would be classified in Class 5, as these are highly specialized food products that must be eaten for medicinal purposes. However, foods that merely are lower in calories, sugar content, fat content, or salt content, without being specified for treatment of a medical condition, and which can be purchased easily in any grocery store, cannot be classified in Class 5. For those food or beverage items that are usually classified in one of the traditional food classes, that is, Classes 29, 30, 31, or 32, but also have a health-​related aspect, that feature may be specified, such as “low-​fat.” An example of this in the Alphabetical List is “low-​fat potato chips” (Basic No. 290176). It is assumed that if the good classified in Classes 29 through 32 indicates a health-​related feature but does not include the language “for medical purposes” in the specification, the health impact of that food does not rise to the level of a “dietetic food … adapted for medical … use” required for classification in Class 5. Also, food items that are in Class 5 because they are specially adapted for a medical use but could be in one of the traditional food classes if not adapted for medical use, must specify in the language of the identification of the goods that they are adapted for medical use. Thus, the item “low-​salt food, namely bread” would be properly classified in Class 30. However, an identification such as “low-​salt food” or even “low-​salt food not for medical purposes” would not be acceptable in Class 30, or any of the other food classes, because it is too vague and broad for accurate classification because the language could include food products in Class 29 or Class 30. Also, the item “low-​s alt food

 37

Class 5

37

for medical purposes” would not be an acceptable identification for Class 5 because it does not indicate the type of food. “Diabetic bread adapted for medical use” (Basic No. 050121) is an acceptable item in Class 5 because it indicates the specific type of food item and it clearly states that it has been adapted for medical use. “Food for babies” (Basic No. 050298) is included in Class 5, so long as it refers to foods that must be eaten by babies because they are physically inca­ pable of eating another type of food or because it is medically required that they eat this particular type of food. Once a child begins to eat regular foods, even if those foods are sold in smaller portions or have fewer spices than the same food prepared for adults, the food items must be appropriately described and classified in one of the traditional food and beverage classes, Classes 29 through 32, and the description of the goods should specify that they are not for medical purposes. Class 5 is not the proper class for these foods, as they are no longer “food for babies.”

dietary supplements for humans and animals This Class Heading was introduced in the tenth edition of the Nice Agreement and it represents a significant clarification and simplification of the proper classification of these goods. Previously, in order for a dietary supplement to be classified in Class 5, the identification of the good had to include the phrases, “for medical purposes,” “for veterinary purposes,” or “for medi­ cal and veterinary purposes.” If the dietary supplement did not indicate a Class 5 use, it was classified in Class 29 or Class 30, depending on the basis of the supplement. However, dietary supplements are not considered food in the sense of something that comprises a meal or snack. They are meant to augment or, as their name indicates, supplement the nutritional value of the normal diet of a human being or animal. Therefore, without requiring any further specification, dietary supplements are classified in Class 5. The specific supplement may be indicated, for example, “linseed dietary supple­ ments” (Basic No. 050421) and “flaxseed oil dietary supplements” (Basic No. 050422), or a general identification may be used, for example, “mineral food supplements” (Basic No. 050382).

plasters, materials for dressings The term plasters in this portion of the Class Heading is the British-​English equivalent for the US-​English term adhesive bandages. Such a bandage may be impregnated with a healing ointment, which would further justify its inclusion in Class 5. The broader phrase “materials for dressings” refers to a wide range of bandages, gauzes, adhesive bands, or tapes that are used to cover or protect a part of the body while it is healing. These products must be differentiated from the “supportive bandages” (Basic No. 100020) found in Class 10. The Class 10

38

38

International Trademark Classification

bandages serve orthopedic and similar functions. They are usually used without a medicinal ointment and are not for protection during the healing process. They are, in themselves, a curative apparatus and, therefore, are classified in Class 10 rather than Class 5.

material for stopping teeth, dental wax “Material for stopping teeth, dental wax” is self-​explanatory, and it allows all dental materials and preparations to be classified in Class 5, other than dental apparatus, which are classified in Class 10. This terminology provides for the inclusion of goods, such as “dental abrasives” (Basic No. 050001), “dental lac­ quer” (Basic No. 050112), and “molding wax for dentists” (Basic No. 050084); items that could be classified elsewhere but for their specific use in the field of dentistry. However, note that, as previously discussed, “dentifrices*” (Basic No. 030079) and “dental bleaching gels” (Basic No. 030210) are classified in Class 3, along with other personal cleaning preparations, and not in Class 5 with the more specialized dental materials that are usually used by dentists in the treatment of dental conditions. However, note that item “dentifrices*” in Class 3 now includes the asterisk to denote that medicated dentifrices are not in Class 3 but rather are in Class 5, based on the revisions brought to the eleventh edition of the Nice Agreement.

disinfectants While disinfectants may seem anachronistic in a class of goods that treat medical or other unwanted conditions, it is not. Disinfectants are used to treat an item, individual, or animal that has an infecting condition. Therefore, while a disinfect­ ant may destroy harmful microorganisms, it does this in the course of treating the condition that the microorganism has caused.

preparations for destroying vermin; fungicides, herbicides One may think that “vermin destroying preparations” (Basic No. 050289), “fungicides” (Basic No. 050151), and “herbicides” (Basic No. 0502040) are comparable to “disinfectants” (Basic No. 050441) except the unwanted condi­ tion being treated is caused by plants or animals of various sizes. The purpose of all of these items is to assure the healthy existence of human beings, plants, or animals by treating them for noxious conditions. Thus, it is reasonable to classify them with other goods that restore health to these organisms. The cor­ rect classification of these kinds of goods presents few problems, although they sometimes are misclassified as chemical preparations in Class 1. However, as indicated previously in the Class 1 discussion, when the purpose of a chem­ ical preparation is highly specialized and that specialization is indicated in the identification of the goods, it is not proper to include it in Class 1, the class of

 39

Class 5

39

general chemical products. Further, chemicals of this type that are in Class 1 are, generally, for the prevention of an unwanted condition rather than the treatment of it. For example, “vine disease preventing chemicals” (Basic No. 010546) are in Class 1, whereas “vine disease treating chemicals” (Basic No. 050288) are in Class 5.

b. 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 Although the simple language of this inclusion seems straightforward, the words are somewhat misleading. The sanitary preparations in Class 5 refer to goods that do something more than simple cleaning. Class 5 goods must disinfect or sterilize to be considered a Class 5 preparation. Certainly, if the sanitary preparation is for medical purposes, there should be little or no confusion as to its classification. It is the use of the phrase “personal hygiene” that can cause classification problems if the Class 5 characterization of the word “sanitary” also is not taken under consideration. “Disinfectants” (Basic No. 050441) for hygiene purposes have one purpose only and that is to disinfect; they are clearly not toiletries. Disinfecting is a characteristic common among Class 5 goods, and goods with such qualities are found in Class 5. This Class includes, in particular: • diapers for babies and incontinents This specific inclusion was added in the eleventh edition of the Nice Agreement. “Babies’ diapers [napkins]” (Basic No. 050412) have been in the Alphabetical List for many years. However, the eleventh edition added “diapers for pets” (Basic No. 050440) and “diapers for incontinents” (Basic No. 050351). Because goods in Class 5 should be items that treat or cure a condition, the inclusion of babies’ diapers in the Alphabetical List incurred great discussion. There is nothing physically “wrong” with a baby that would be cured by the use of a diaper. The child has simply not learned to control its bodily functions yet. However, diapers were not considered “clothing” for the child that would be in Class 25. Neither could they be considered an apparatus that performed a health-​related function in Class 10. Therefore, they were included in Class 5 because they serve a hygienic function. The addition of diapers for pets and diapers for incontinents certainly makes sense for the same reason. In fact, diapers for incontinents are used because there is a physical incapability that is ameliorated by the diaper. It should be noted that “napkins for incon­ tinents” were in the Alphabetical List before the eleventh edition. “Diapers for

40

40

International Trademark Classification

incontinents” have been added under the same Basic No. 050351 as the nap­ kins for incontinents because they are, essentially, the same product expressed with different words. This Class includes, in particular: •  deodorants other than for human beings or for animals It should not be difficult to understand or apply the specific inclusion of “deodor­ ants other than for human beings or for animals” (Basic No. 050119) in Class 5. It is presented simply to avoid confusion between classifying deodorants that are used by people or animals for toiletry purposes, which belong in Class 3, and deodor­ ants that destroy odor-​causing organisms for sanitation purposes, which are cor­ rectly in Class 5. This inclusion is simply the counterpart of the specific inclusion in Class 3 of “deodorants for human beings and for animals” (Basic No. 030180). This Class includes, in particular: • medicated shampoos, soaps, lotions and dentifrices This specific inclusion was added to the Explanatory Notes in the eleventh edition of the Nice Alphabetical List and it represents a very significant change in classification policy on the part of the Nice Union. In prior editions of the Alphabetical List, all shampoos, soaps, hair lotions, and dentifrices had been included in Class 3 regardless of whether they were medicated or not. The rationale had been that all shampoos, soaps, hair lotions, and den­ tifrices were primarily used as toiletries or cleaning preparations, with only incidental medical properties. Also, the acceptance of such a change would have required specification for, and dual classification of, all items in the Alphabetical List that could have a medical or a non-​medical use. After years of attempting to rectify this problematic classification pattern, the eleventh edition of the Nice Agreement and Alphabetical List has separated these items into Class 3 if they are non-​medicated and Class 5 if they are medicated. This clarification is a welcome resolution of a long-​standing ambiguity in the Class Heading, Explanatory Note, and Alphabetical List entries for Classes 3 and 5. This Class includes, in particular: •  dietary supplements, intended to supplement a normal diet or to have health benefits As indicated in the discussion above concerning the inclusion of “dietary sup­ plements for humans and animals” in the Class Heading of Class 5, this spe­ cific inclusion emphasizes the reason for classification of these goods in Class 5. A dietary supplement in Class 5 is defined as a preparation intended to supple­ ment the diet and provide nutrients, such as vitamins, minerals, fiber, fatty acids,

 41

Class 5

41

or amino acids, that may be missing or may not be consumed in sufficient quanti­ ties in a person’s diet. It is not considered a food or beverage item that would be classified in Class 29, 30, 31, or 32. The item may be identified as a particular type of supplement or a more general term or phrase may be used (see above). In addition, the item does not require specification that it is for medical and/​or veterinary use. As defined, these goods are in Class 5 because their purpose is to supplement a normal diet. This Class includes, in particular: •  meal replacements, dietetic food and beverages, adapted for medical or veterinary use A description of any of these three items—​meal replacements, dietetic foods, or dietetic beverages—​must specify that the good has been adapted for medical use, in order to make it clear that its purpose and use differ from a similar item used as a normal part of a regular diet for human beings or animals. The specific meal replacement, food, or beverage item itself also should be indicated in the descrip­ tion. Additionally, it is helpful to describe the condition for which the replace­ ment, food, or beverage is intended, for example, “diabetic bread adapted for medical use” (Basic No. 050121). This Class includes, in particular: •  cigarettes without tobacco, for medical purposes Inclusion of “cigarettes without tobacco, for medical purposes” (Basic No. 050081) may seem inapposite in Class 5. Its placement in Class 5 may be explained by the all-​inclusive nature of Class 34, in which smoking products are classified. Virtually all goods relating to smoking are included in Class 34, even though it might make sense to classify them elsewhere, for example, “ash­ trays for smokers” (Basic No. 340036) might be classified in Class 21 as a type of household container; however, they are in Class 34 owing to their connection with smoking. But, classifying cigarettes that are used specifically for medical purposes in Class 34 would be illogical, considering the fact that all other goods for medical use belong in Class 5, and, therefore, they are clas­ sified in Class 5, as emphasized by this reference in the specific inclusions for the class. This Class does not include, in particular: •  sanitary preparations being non-medicated toiletries (Cl. 3) •  deodorants for human beings or for animals (Cl. 3) These specific exclusions from Class 5 are the counterparts of the specific inclusion in Class 5 previously discussed above: “sanitary preparations for personal hygiene, other than toiletries” and “deodorants other than for human beings or for animals.”

42

42

International Trademark Classification

The reasons for these inclusions and exclusions in Class 5 and similar entries in the Class 3 Explanatory Note have been discussed above, as well as in the section on Class 3. The concept worth bearing in mind is that preparations primarily used for toiletry, cosmetic, or cleaning purposes are in Class 3, even if they also possess a Class 5 characteristic. Similar products, if used for medical purposes or as sanitary preparations for personal hygiene, are in Class 5 even if they possess a Class 3 characteristic. This Class does not include, in particular: •  supportive bandages (Cl. 10) The exclusion of “supportive bandages” (Basic No. 100020) from Class 5 was dis­ cussed above under the Class Heading entry “plasters, materials for dressings.” The distinction between Class 5 bandages and Class 10 bandages is that Class 5 bandages are for protection or sanitation purposes, whereas Class 10 bandages have a curative or therapeutic value intrinsic to themselves. Thus, “bandages for dressings” (Basic No. 050049) and “surgical dressings” (Basic No. 050140) are in Class 5 because they serve to protect wounds or prevent infection. The bandages in Class 10 often provide an orthopedic function and give support to joints or muscles, and, therefore, the supportive bandage itself is considered medical appar­ atus and correctly classified in Class 10. (See the discussion of “plasters, materials for dressings” above.) This Class does not include, in particular: •  meal replacements, dietetic food and beverages not for medical or veterinary use (Cl. 29, 30, 31, 32 or 33) This specific exclusion is a counterpart to the inclusion discussed above that includes meal replacements and dietetic food and beverages exclusively for medi­ cal or veterinary use in Class 5. If such items are not for medical or veterinary use, they must be identified with adequate specificity to determine in which of the food or beverages classes they should be classified.

c. supplemental commentary There are many entries in the Alphabetical List in Class 5 that cause confusion. However, if analyzed in the context of the Class Heading and Explanatory Note, these problematic entries can be explained. Air purifying/​air deodorizing products “Air deodorizing preparations” (Basic No. 050401) or “air purifying preparations” (Basic No. 050005)  classified in Class 5, as opposed to “air fragrancing prepar­ ations” (Basic No. 030215) that are classified in Class 3, are goods that can cause

 43

Class 5

43

some confusion. The items in Class 5 are all, in a way, deodorants. They eliminate microorganisms in the air that are malodorous or cause disease. If these products also deliver a scent into the air, that purpose is secondary to their primary function as disinfectants. The items in Class 3 merely perfume or conceal bad odors in the air. While their purpose is to overcome an unpleasant odor, this task is accom­ plished by distributing a stronger perfume of their own, and not by destroying the elements causing the foul odor in the first place. These Class 3 perfumes do not purify or sanitize the air in any way. They are purely Class 3 items and serve a very different function than the air purifiers and deodorizers classified in Class 5. “Herbal teas for medicinal purposes” (Basic No. 050240) In the prior editions of the Nice Agreement, herb teas were included in the Alphabetical List without further specification in Class 5. At one time, this may have been perfectly accurate given the herb tea industry. There was no purpose for herb teas other than medicinal so they were properly classified exclusively in Class 5. However, over time, the use of herb tea has gone far beyond medicinal use alone. Herb teas may now be used in the same way as other teas—​for their pleasant flavors and as caffeine-​free alternatives to trad­ itional teas that contain caffeine. Therefore, the eighth edition of the Nice Agreement added the specification “for medicinal purposes” to the entry “herb teas” in Class 5. This allows for the classification of herb teas that are not used for medicinal purposes to be classified in Class 30, based on the broad entry in that class, “tea*” (Basic No. 300037). First-​aid kits “First-​a id boxes, filled” (Basic No. 050244) or kits are in the Alphabetical List in Class 5. Although first-​a id kits could include goods from other classes, the majority of goods in any first-​a id kit are Class 5 goods, for example, “adhe­ sive tapes for medical purposes” (Basic No. 050294), “analgesics” (Basic No. 050124), “antiseptics” (Basic No. 050030), or “cotton for medical purposes” (Basic No. 050099). Culture media Culture media are classified in Class 5. “Media for bacteriological cultures” (Basic No. 050036) and “bouillons for bacteriological cultures” (Basic No. 050036) are both entries in the Alphabetical List for Class 5. It would make sense to classify the culture media for medical or veterinary use in Class 5 and the same culture media not for medical or veterinary use in Class 1.  However, this distinction was eliminated in the sixth edition of the Alphabetical List. These media and bouillons are in Class 5 because they most often perform a medical or veterinary diagnostic purpose.

4

44

International Trademark Classification

“Surgical implants comprised of living tissues” (Basic No. 050397) The classification of this item may cause controversy in countries whose laws address the ethics of whether living tissue from humans or other live animals should be considered goods in trade. However, for those countries in which pro­ vision of living tissue is legal and not uncommon, guidance was needed for proper classification of these goods. “Surgical implants comprised of artificial materials” (Basic No. 100208) are classified in Class 10 as medical apparatus; however, that classification left the class for living tissue used as implants undetermined. The addition of this item to Class 5 clarified the ambiguity by explicitly includ­ ing “surgical implants comprised of living tissues” in Class 5. As a reminder, it should be noted that an entry in the Alphabetical List does not require countries that are signatories to the Nice Agreement to accept such goods in an application for trademark registration if it violates the laws of that particular country. These somewhat controversial items are included in the list because certain countries allow such goods to be produced or sold, and this guidance in proper classifica­ tion is helpful to those countries. “Oxygen for medical purposes” (Basic No. 050399) This item is included in the Alphabetical List because it could be thought logi­ cal to classify it in Class 1 with other elemental gases. Because the purpose of the Nice Agreement is to group like goods into particular classes, classifying oxygen for medical purposes in Class 1 would go against that purpose. The addition of this item to Class 5 avoids any confusion or misuse of the clas­ sification system. “Deodorants for clothing and textiles” (Basic No. 050400) In order to avoid confusion with personal deodorants that are classified in Class 3, this item was added to the Alphabetical List in Class 5. Clothing and some textile items may be considered personal items, so a deodorant for cloth­ ing or textile items could be misclassified as a personal deodorant in Class 3. The personal deodorants in Class 3 are those that are used directly on the body. Introducing this entry into Class 5 clarifies that deodorants for clothing and other textile items are not considered Class 3 personal deodorants. Also, as the tenth edition of the Nice Agreement amended the wording “for per­ sonal use” to “for use by human beings or animals,” the distinction between deodorants belonging in Class 3 and those belonging in Class 5 should now be quite clear.

 45

Class 5

45

d. significant changes or additions effected in the 11th edition of the nice agreement 2017 Separation of non-​medicated personal cleaning or toiletry items in Class 3 and medicated cleaning or toiletry items in Class 5 As indicated above, the separation of non-​medicated personal cleaning or toiletry items in Class 3 and medicated cleaning or toiletry items in Class 5 is a major evolution, if not a revolution, in the classification practice concerning these goods. This new pattern makes complete sense within the purpose of the Nice Agreement of classifying like goods in one class. The previous inclusion of all soaps, cosmet­ ics, hair lotions, dentifrices, and other toiletries and personal care items in Class 3, regardless of whether they were medicated or not, went against the overall classi­ fication scheme of the Nice Agreement. Thus, beginning with the entry into force of the eleventh edition of the Nice Agreement and Alphabetical List, soap used for cleansing the skin will be in Class 3, and soap for treating acne will be in Class 5. This pattern will be followed for all items that could be used for a medicinal or non-​medicinal purpose depending on their specific ingredients. Items transferred from Class 5 to Class 10 A number of items that had been classified in Class 5 were transferred to Class 10 in the eleventh edition of the Alphabetical List. Although these items perform a curative function, they are not preparations and are, therefore, not appropriate for classification in Class 5. The transferred items are “bracelets for medical purposes” (Basic No. 100252), “anti-​rheumatism bracelets” (Basic No. 100250), and “anti-​ rheumatism rings” (Basic No. 100251).

46

CLASS 6 OFFICIAL TEXT Class Heading 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).

 47

Class 6

47

Interpretation The Class Heading for Class 6 is definitive as to the goods that are included in this class. As stated in the Explanatory Note for Class 6, “this class includes mainly unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals.” Turning to the Class Heading itself, the class includes “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.” Any confusion that may arise concerning what properly to clas­ sify in Class 6 involves the question of when to classify goods made of metal in Class 6 and when to classify the same goods made of material other than metal in another class. The Class Heading offers the best guidance in making this decision.

a. class heading common metals and their alloys, ORES Common metals and their alloys and ores are clearly classified in Class 6, and there is, generally, no other classification option for these goods. There are two principal exceptions to this standard. One of the exceptions concerns metals that serve a primarily chemical function and are classified in Class 1, such as “bauxite” (Basic No. 010108), “mercury” (Basic No. 010387), “alkaline metals” (Basic No. 010560), and “alkaline-​earth metals” (Basic No. 010039). The other exception involves metal products that are used as paints or for artistic purposes and are classified in Class 2, namely, “metals in powder form for use in painting, decorat­ ing, printing and art” (Basic No 020090). (See Explanatory Note for Class 2.) Both of these exceptions are specifically excluded in the Explanatory Note. Before the eleventh edition of the Nice Agreement, ores were set forth as a separ­ ate item in the Class Heading. Quite reasonably, ores are now included under the Class Heading “common metals and their alloys” because ores are similar to com­ mon metals and their alloys, and they are included in Class 6 for the same reason. Some types of ores could be classified in Class 1, as a chemical composition, if the ores are used for their chemical properties alone rather than for their character as raw metal. Ores could also be confused with Class 1 goods because they could be considered something which goes to the making of products belonging to other classes—a Class 1 characteristic. However, “ores of metal” (Basic No. 060183) in their natural, raw state must be classified with the other metals in Class 6.

METAL MATERIALS FOR BUILDING AND CONSTRUCTION Metal materials for building and construction are included in Class 6, whereas their non-​metal counterparts are generally assigned to Class 19 based on its Class Heading “building materials (non-​metallic).” Although this distinction is

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International Trademark Classification

straightforward, it is irksome to entities that make building materials in general, some of which are made of metal and some of which are made of non-​metal materials. These goods must be classified in two different classes. “Doors of metal*” (Basic No. 060100) are classified in Class 6, whereas “doors not of metal*” (Basic No. 190069) are included in Class 19; “framework of metal for building” (Basic No. 060328) belongs in Class 6, whereas “framework, not of metal, for building” (Basic No. 190050) is classified in Class 19; and so on. Although the distinction may be unpopular with entities that must classify the same basic item in two dif­ ferent classes owing to different material compositions, the distinction is clear and not difficult to apply. Class 6 introduces an area of difficulty inherent in the Nice Agreement, which is how to classify a good that is made from more than one material that would otherwise be in two different classes. In these cases, the primary material that composes the item controls the classification. So, on the one hand, a ladder made primarily of metal with rubber or plastic protectors used in various joints and over sharp edges would be classified in Class 6. On the other hand, a ladder made primarily of wood that uses metal screws and bolts to connect its parts would be classified in Class 20. However, only goods that are not appropriately classified in any other par­ ticular class need to be classified based on their primary material. Because there is no other single class in which a ladder should be classified nor does any Class Heading encompass ladders, a ladder must be classified based on its material com­ position. On the contrary, furniture may be made from many different materi­ als, such as metal, plastic, or wood; however, all furniture, regardless of material composition, is classified in Class 20 because its Class Heading explicitly includes furniture, and there is no limitation placed on the material composition of that furniture. To reiterate this important point, goods are classified by their material composition only when there is no alternative class in which the goods should be classified.

transportable buildings of metal It has already been explained that goods made of metal are classified in Class 6, whereas the same goods made of non-​ metal materials are in other classes. Therefore, it is clear that “buildings of metal” (Basic No. 060339) belong in Class 6. It seems odd, therefore, that this separate entry in the Class Heading exists. However, it is the concept of the building being transportable that is emphasized by this Class Heading. If buildings or other structures were not transportable, modular, movable, or able to be taken from one place to another in some way, they could not be considered goods in trade. The activity of actually building structures is a service that is classified in Class 37. Thus, in order for buildings to be recognized as goods, they must be structures that can be moved in the normal course of trade. For this reason, “buildings, transportable, of metal” (Basic No. 060170) are given individual recognition in the Class Heading for Class 6. This

 49

Class 6

49

Class Heading entry legitimizes the inclusion of “aviaries [structures] of metal” (Basic No. 060263) and “bird baths [structures] of metal” (Basic No. 060280) in this class:  both are movable structures of metal. “Steel buildings” (Basic No. 060266) and “buildings of metal” (Basic No. 060339) are also included in the Alphabetical List without an indication that they are transportable. However, the entries in the Alphabetical List must be read in conjunction with this Class Heading. Thus, these buildings must be transportable in order to be considered goods in trade that are classified in Class 6.

non-​electric cables and wires of common metal While “non-​electric cables and wires of common metal” are found in Class 6, these items, if electrical, are classified in Class 9. A specific reference to those goods belonging in Class 6 eliminates confusion. Thus, “cables of metal, non-​ electric” (Basic No. 060311) are in Class 6, “cables, electric” (Basic No. 090215) are in Class 9, and “cables, not of metal” (Basic No. 220084) and not for elec­ trical use are in Class 22. Additionally, note that “ropes of metal” (Basic No. 060341) are in Class 6 and “ropes, not of metal” (Basic No. 220020) are in Class 22.

small items of metal hardware Small items of metal hardware are clearly classified in Class 6. This entry in the Class Heading may seem self-​evident for this class but it covers so many of the goods that are in Class 6 that it merits its own entry. Small items of hardware made of materials other than metal are usually found in Class 20.

metal containers for storage or transport “Metal containers for storage or transport” is a new entry in the Class Heading that was introduced in the eleventh edition of the Nice Agreement. The coun­ terpart to this entry, “containers, not of metal [storage, transport]” (Basic No. 200068), is in Class 20. These two entries clarify any ambiguity that might exist concerning containers for storage or transport: they are to be classified based on material composition. Before the eleventh edition, neither class—​nor any other class—​gave guidance concerning the classification of containers for storage or transport. Class 21 has had the Class Heading entry, “household or kitchen utensils and containers,” for many years. Whereas “containers, not of metal [storage, transport]” (Basic No. 200068) and “containers of metal [stor­ age, transport]” (Basic No. 060094) are in the Alphabetical List in Classes 6 and 20, respectively, containers for other than household or kitchen use were not set forth in a Class Heading. Now that these transport and storage containers are clearly included in the appropriate Class Headings for Classes 6 and 20, users will know immediately upon reading the Class Headings where these goods are

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International Trademark Classification

classified and thus will not have to go through the exercise of looking them up in the Alphabetical List.

safes “Safes” are classified in Class 6, and the locks and keys for these safes or for other security purposes are in Class 6, as well, so long as the locks and keys are made of metal and are not electrical. However, “locks, other than electric, not of metal” (Basic No. 200240) are found in Class 20 and “locks, electric” (Basic No. 090443) are included in Class 9. “Plastic keys” (Basic No. 200305) and “plastic key cards, not encoded and not magnetic” (Basic No. 200260) are classified in Class 20.

b. 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:1 • metals in foil or powder form for further processing, for example, for 3D printers This is an important and timely addition to the specific inclusions for Class 6. Metals in foil or powder form for painting, decorating, printing, and art are in Class 2. However, metals in foil or powder when used in 3D printers are, essentially, con­ struction materials. The construction made from the metal in foil or powder form may be artful in the nature of a figurine or statuette, or it may be purely practical, such as a foundry mold. This specific inclusion makes it clear that the metal product used to make either a figurine or foundry mold is in Class 6. It should be noted that both of these final products, “figurines [statuettes] of common metal” (Basic No. 060382) and “foundry molds [moulds] of metal” (Basic No. 060384) are in Class 6 regardless of whether they are artistic or practical in nature. This Class includes, in particular: • metal building materials, for example, materials of metal for railway tracks, pipes and tubes of metal This specific inclusion replaces and consolidates three Class Headings that existed in editions of the Nice Agreement before the eleventh edition. Metal building materials, materials of metal for railway tracks, and pipes and tubes of metal were 1  It should be noted that, before the eleventh edition of the Nice Agreement, there were no specific inclusions in the Explanatory Note of Class 6. All of the Class 6 specific inclusions are new with the eleventh edition. Some of them are rewordings of items that were previously included in the Class Heading for Class 6 but they have additional explanation or examples to make the under­ standing of the genre of goods defined by the Explanatory Note clearer.

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Class 6

51

three separate Class Headings in prior editions. These three appear to have been replaced in the Class Heading with the more general eleventh edition language, “metal materials for building and construction.” But rather than lose this informa­ tion entirely, the Committee of Experts decided to include them in a single entry in the Explanatory Note inclusion section. The three entries were also reorganized to make the materials of metal for railway tracks and the pipes and tubes of metal examples of the broader wording, metal building materials. This Class includes, in particular: • small items of metal hardware, for example, bolts, screws, nails, furniture casters, window fasteners This specific inclusion echoes the Class Heading item, small items of metal hard­ ware. However, in the Explanatory Note section, more specificity is introduced than would normally be included in the Class Heading. Thus, this specific inclu­ sion can give examples of what is meant by small items of metal hardware. It is helpful to have these examples in the Explanatory Note section to give users a general idea of what is meant by “small items of metal hardware.” This Class includes, in particular: • transportable buildings or structures of metal, for example, prefabricated houses, swimming pools, cages for wild animals, skating rinks This specific inclusion echoes another Class Heading item, namely, transportable buildings of metal. In the Explanatory Note section, the language includes “struc­ tures” as well as “buildings.” And the Explanatory Note section allows for examples of the general terminology be included. These examples are helpful to users to determine the extent of what is considered a building or structure in Class 6. As can be seen from the examples given, these buildings or structures run the gamut from “prefabricated houses [kits] of metal” (Basic No. 060439) to “metal cages for wild animals” (Basic No. 060433). There are additional specific entries of this type of good in the Alphabetical List, but these examples in the Explanatory Note sec­ tion for Class 6 are extremely informative and useful. This Class includes, in particular: • 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 In previous editions of the Nice Agreement, this type of language was only included in the specific exclusions for Class 6 denoting certain goods of common metal that were not classified in Class 6. This language has been retained in the specific exclu­ sion section but helpful examples have been added of items that are made from common metal that are not in Class 6. (See explanation below.) It made sense to include a counterpart in the specific inclusion section of the Explanatory Note for

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International Trademark Classification

Class 6 that indicated goods made of common metals that are in Class 6 because they cannot be classified by their function or purpose. The examples given of such items are all-​purpose boxes of common metal and statues, busts, and works of art of common metal. While Class 20 is the class for kitchen and household contain­ ers, whether made of metal or not, no specific class would include the function or purpose of all-​purpose boxes made of common metal. Therefore, their classification in Class 6 is proper based on this Explanatory Note. Similarly, no class sets forth a function or purpose that would include art objects, and this Explanatory Note makes it clear that art objects made of common metal are classified in Class 6. 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) This specific exclusion emphasizes the discussion above concerning classifying some metals, alloys, and ores in Class 1, based on their use as chemicals. There are times when such classification is proper. But, as can be seen from the examples given in the Explanatory Note, when metals, alloys, and ores are classified in Class 1, it is because their chemical characteristics have a specific use as a chemical. They are not used for the sake of being a metal, an alloy, or an ore; they are used in very specific circumstances as a chemical. Therefore, when processed and used in a particular industry as a chemical, these items are properly classified in Class 1. This Class does not include, in particular: •  metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2) Metals that are used as pigments or in place of pigments, such as the foils and powders set forth in the Explanatory Note, are classified with the other colorants in Class 2. Again, these foils, powders, and other colorants are not being used for their metal properties, but are being used specifically for their properties that impart color or sheen to decorative works. Note that this use is different from the metal foils and powders that are used for 3D printing. (See explanation above.) This Class does not include, in particular: • electric cables (Cl. 9) and non-​electric cables and ropes, not of metal (Cl. 22) This is a counterpart of the Class Heading in Class 6 for non-​electric cables and wires of common metal. However, it adds the exclusion of electrical cables. Electrical cables, while commonly made of metal because of the conductive quality of metal, are in Class 9 because their use in and for electrical equipment is more commer­ cially significant than the fact that they are made of metal. And, certainly, it fol­ lows that cables and rope that are not of metal are not in Class 6 and, further, the

 53

Class 6

53

cables are not in Class 9 if they are non-​electric. The proper class for these cables and ropes, as indicated in this exclusion, is Class 22. This Class does not include, in particular: • 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) The Class Heading item, pipes and tubes of metal, was deleted from Class 6 in the eleventh edition of the Nice Agreement. It is fairly obvious that pipes and tubes of metal are in Class 6 particularly when used for construction purposes. While it is helpful that flexible tubes and hoses not of metal are in Class 17 and rigid pipes, not of metal are in Class 19, the most helpful item in this exclusion is that pipes being parts of sanitary installations are in Class 11. Sanitary installations are show­ ers, bathtubs, sinks, and toilets and other similar pieces of sanitary equipment. These installations usually connect to a larger network of pipes and tubes that are generally part of a construction such as a house or office building. The question arises as to when does a pipe or tube stop being part of the sanitary installation and classified in Class 11 and start being part of the structure and classified in Class 6 if of metal and Class 19 if not of metal. A general rule of thumb is that those pipes and tubes that are immediately attached to the sanitary installation are in Class 11. The pipes or tubes that they connect to those that bring water to or carry waste away from the sanitary installation are in Class 6 or 19, depending on their mate­ rial composition. This Class does not include, in particular: • cages for household pets (Cl. 21) This specific exclusion is a helpful counterpart to the specific inclusion in Class 6 for “transportable buildings or structures of metal, for example, … cages for wild animals.” While cages for household pets can be substantial, they do not amount to a transportable building or structure as a cage for a wild animal would; there­ fore, they should not be classified in Class 6 with other metal cages. “Cages for household pets” (Basic No. 210302) should be considered household containers. This justifies their classification in Class 21 regardless of material composition. This Class does not include, in particular: • 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) The language, “certain goods made of common metals that are classified accord­ ing to their function or purpose” means there are some goods that are made of common metals classified in classes other than Class 6. If another, more appropri­ ate class exists for certain goods, regardless of their material composition, Class 6

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International Trademark Classification

should not be used for these goods even when they are made of metal. The hand tools included in Class 8 should not be classified in Class 6 even if they are made of metal. Furniture, even when made of metal, is specifically included in Class 20 by the Explanatory Note for that class, and therefore does not belong in Class 6, even though it is made of metal. When classifying metal goods, the specifics of all classes should be con­ sidered. If the item is clearly included in the language of the Class 6 Class Heading, the item must be classified in Class 6. If the item is clearly included in the language of the Class Heading of another class in which there is no limitation regarding material composition, the item must be classified in that class, whether or not it is made of metal. Therefore, metal hardware would be classified in Class 6 even if it is used on or in close association with non-​metal goods (such as in the furniture example above) when sold separate and apart from the finished item that would be classified in a class other than Class 6. Thus, as indicated in the other examples, kitchen utensils and household con­ tainers are in Class 21 regardless of whether they are made from metal or some other material. There is, however, a caveat to this explanation. If a component part of an item that is in a class other than Class 6 is so highly specialized that it can only be used in that item, it is classified in the class of the item it is used in rather than in Class 6 even if it is made of metal. An example of this is valves. Valves that are parts of machines are in Class 7, the class for the machinery itself regardless of the material the valve is made of. (See “valves [parts of machines]” in Class 7 [Basic No. 070019]). Valves that are not parts of machines are in the class of the material composition of the valve. Thus, “valves of metal, other than parts of machines” (Basic No. 060243) are in Class 6.

c. supplemental commentary “German silver” (Basic No. 060031) Use of the word silver in this entry could cause it mistakenly to be classified in Class 14 with other precious metals. However, “German silver” (Basic No. 060016) is another term for nickel silver, which is merely an alloy of copper, zinc, and nickel. It is silver-​white in color, which explains its name, but there are no precious metals in its make-​up. Therefore, classification in Class 6 is appropriate. “Handcuffs” (Basic No. 060181) Handcuffs could be considered a tool of the law enforcement officer’s trade and thus classified in Class 8. However, they are merely wrist circlets made of non-​precious metal with a locking mechanism. Therefore, they are classified in Class 6.

 5

Class 6

55

“Buckles of common metal [hardware]” (Basic No. 060298) The inclusion of this item in Class 6, with the bracketed note that refers to buckles that are hardware should make it clear that the buckles in Class 6 are not those used with clothing. Buckles used as or with clothing accessories are classified in Class 26. Buckles that function as hardware, when made of metal, belong in Class 6.

d. significant changes or additions effected in the Eleventh edition of the nice agreement 2017 General changes in class 6 While there are significant changes and additions to the Class Heading and Explanatory Note of Class 6, none of those changes has altered the basic parameters of Class 6 that it is the class for unwrought and partly wrought common metals, as well as certain goods made of common metals. Most of the additions, deletions, and amendments in the Alphabetical List for Class 6 are administrative. Entries have been reordered to read more smoothly and, therefore, to be more easily understood. Goods that were not specified as being of metal have had that characteristic added to entries in Class 6, and the non-​metal counterparts have been added in the appro­ priate classes. For example, the entry, door knockers in Class 6, has been changed to “door knockers of metal” (Basic No. 060180) and the counterpart, “door knockers, not of metal” (Basic No. 200286), has been added to Class 20. Tool handles In the eleventh edition, the material composition of tool handles that justified their classification in Class 6, namely, metal, was deleted from these entries, and the entries were transferred to the classes of the goods of which the handles are a part. Changes and transfers of this type are as follows: • “Tool handles of metal” was changed to “handles for hand-​operated hand tools” and transferred to Class 8 (Basic No. 080275). • “Knife handles of metal” was changed to “knife handles” and was trans­ ferred to Class 8 (Basic No. 080276). • “Scythe handles of metal” was changed to “scythe handles” and was trans­ ferred to Class 8 (Basic no. 080277). • “Broom handles of metal” was changed to “broom handles” and was trans­ ferred to Class 21 (Basic No. 210389).

56

CLASS 7 OFFICIAL TEXT Class Heading Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-​operated; incubators for eggs; automatic vending machines. Explanatory Note Class 7 includes mainly machines, machine tools, motors and engines. This Class includes, in particular: • parts of motors and engines (of all kinds); • electric cleaning machines and apparatus. This Class does not include, in particular: • certain special machines and machine tools (consult the Alphabetical List of goods); • hand tools and implements, hand-operated (Cl. 8); • motors and engines for land vehicles (Cl. 12).

Interpretation Class 7 is essentially the class for power-​driven machines and their components. It has a number of companion classes, that is, classes in which related goods are classified. Class 8 is a companion class for hand-​operated tools, as opposed to the power-​operated tools classified in Class 7. Class 12 must be considered together with Class 7 because engines and motors for land vehicles are classified in Class 12, while parts for those motors and engines are included in Class 7. This class underwent major alterations during the fifth revision period (resulting in the sixth edition of the Alphabetical List), as did Class 12. In the fifth edition, motors and engines for land vehicles and their parts were included in Class 12 and excluded from Class 7. In the sixth edition, motors and engines for land vehicles remained in Class 12, but the parts for those motors and engines were moved to Class 7.

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Class 7

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Also, the seventh edition moved all cleaning apparatus into Class 7, including the vacuum cleaners that previously had been classified in Class 9.

a. class heading machines and machine tools Machines and tools that use a source of power other than human muscle to acti­ vate them are classified in Class 7. This explanation is much easier to state than to apply. There are items that could fall within this description, and therefore be classified in Class 7, that actually are classified in other classes, such as Class 8, for example, “razors, electric and non-​electric” (Basic No. 080179) and Class 9, for example, “calculating machines” (Basic No. 090103). Conversely, there are goods correctly classified in Class 7, for which another class might seem to be the reasonable placement. For example, “heat exchangers, other than parts of machines” (Basic No. 110129) are classified in Class 11; however, when they are parts of machines, they are classified in Class 7, that is, “heat exchangers [parts of machines]” (Basic No. 070450). Generally, the goods in Class 7 perform a job; they physically affect things around them in ways that do not involve heating, cooling, or purifying, which are reserved for Class 11 goods, and do not count, measure, or control, as do goods classified in Class 9. If there is any movement involved in the functions of Class 7 goods, it is movement to per­ form a task, rather than to transport. For example, “road sweeping machines, self-​propelled” (Basic No. 070034) belong in Class 7, not in Class 12. Also, all cleaning machinery is classified in Class 7, from “bottle washing machines” (Basic No. 070065) to “vacuum cleaners” (Basic No. 070508). Additionally, parts of machines are included in Class 7. An item that might otherwise be clas­ sified in another class will be classified in Class 7, if it is a part of a machine. For example, filters are found in many classes, but if a filter is specified as being a part of a machine, it is classified in Class 7, that is, “filters [parts of machines or engines]” (Basic No. 070457). This area was further clarified in the tenth edi­ tion of the Alphabetical List and is discussed in more detail below. Another distinction affecting Class 7 machinery involves machines that dry, which are properly classified in this class, and dryers, which are classified in Class 11. The drying apparatus in Class 7 are those that dry essentially without heat, or with very little reliance on heat, to accomplish the drying process. For example, “mangles” (Basic No. 070292) are classified in Class 7. These are machines that dry by means of pressing water or other liquids out of the item to be dried. Heat is not necessarily involved in this process. However, drying apparatus, such as “hair dryers” (Basic No. 110095) are classified in Class 11, because heat is the primary factor that enables the equipment to accomplish drying. Thus, although there may be confusion surrounding the proper classification of drying apparatus, this dis­ tinction should clarify the difference.

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International Trademark Classification

motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles) As indicated above, the sixth edition of the Alphabetical List classified parts for all kinds of motors and engines in Class 7. This was a change from previous editions that classified parts of motors and engines for land vehicles in Class 12 (along with motors themselves) and classified parts for motors and engines used in devices other than land vehicles in Class 7 (along with that class’s motors). Now, all parts for motors and engines, regardless of whether the motor or engine is for land vehi­ cles, are in Class 7. Note, however, that the motors and engines themselves remain split between Class 12 (if they are for use in land vehicles) and Class 7 (if they are for use in devices other than land vehicles). The reasoning behind this decision by the Committee of Experts was that parts for motors and engines were basically the same, whether they were intended for use in land vehicle motors or other motors and engines. Also, the parts for all motors and engines are usually made by the same manufacturer, regardless of the type of engine or motor in which the parts are used. However, motors and engines for land vehicles were typically assembled by the vehicle producer itself, using parts purchased from other manu­ facturers. Therefore, the major automobile manufacturers could continue to clas­ sify automobiles and their structural parts, as well as the motors and engines used in the automobiles, in a single class. Moreover, the parts manufacturers would no longer need to apply for two separate registrations of their marks, that is, one registration in Class 7 for the parts destined to be used in motors and engines other than for land vehicles, and another registration in Class 12 for the same or similar parts intended for use in land vehicle motors and engines. This revision represented a compromise between the two extremes of, including all motors and engines and their parts in Class 7, and including motors and engines and their parts for all types of vehicles in Class 12 (with stationary motors and their parts remaining in Class 7). The Committee accepted the reasoning of the Preparatory Working Group, which maintained that manufacturers of vehicles other than land vehicles (e.g., airplanes or boats) receive the engines and motors to be used in these vehicles fully assembled from another source. Therefore, there was no compelling need to include engines and motors other than for land vehicles in Class 12, whereas there was a significant need to include these other engines and motors in Class 7 because the same manufacturers both produced the parts and assembled the motors and engines for use by airplane or boat manufacturers as finished products. Because this change requires a distinction to be made between items that constitute “parts of vehicle engines,” it is helpful to refer to the definition of these items as originally given in the Final Report of the Tenth meeting of the Preparatory Working Group (WIPO document CLIM/​GTP/​X /​3, para­ graph 7)  as follows:  “… [P]‌a rts of vehicle engines was to mean the parts of the engine itself (camshafts, connecting rods, crank-​shafts, cylinders, cylinder heads, pistons, piston rings, sumps, valves, etc.) and those parts essential to its

 59

Class 7

59

working (alternators, belts, carburetors, coolant pumps, distributors, exhaust manifolds, fans, filters, injectors, lubrication pumps, plugs, radiators, silencers, starters, etc.).” This distinction is important because the entry in the Class Heading for Class 7 that refers to “machine coupling and transmission components (except for land vehicles)” was not modified, and these components remain split between Class 7, if they are not intended for land vehicles, and Class 12, if they are intended for use in land vehicles. The same report referred to above includes a brief explan­ ation of vehicle parts considered coupling and transmission components to clarify whether they should be included in Class 7, as parts “essential to” the working of a land vehicle engine or whether they should be included as a Class 12 land vehicle coupling and transmission component. The relevant phrase in the Preparatory Working Group report reads “… couplings and transmission com­ ponents for vehicle motive power (couplings, gearboxes, transmission shafts, etc.).” This language indicates that the Preparatory Working Group considered couplings and transmissions as components that make the vehicle move and not part of the engine system. Therefore, these goods and their parts are in Class 12 as a vehicle part and not in Class 7 as an engine part. The report goes on to state that “… 39 items in the English text of the Alphabetical List would … be changed, including 21 deletions resulting mainly from the grouping within Class 7 of products currently divided between Classes 7 and 12.” Thus, it is important to consult the Alphabetical List for the proper classification of spe­ cific items relating to vehicles unless it is clear that the item in question is an engine part, which is classified in Class 7, or a coupling or transmission com­ ponent, which is classified in Class 12.

agricultural implements other than hand-​operated Agricultural implements are expressly included in the Class Heading for Class 7, although they clearly perform the function of a machine, and presumably would be classified in this class even if not specifically mentioned. However, many agri­ cultural implements accomplish the functions of a machine while simultaneously moving over terrain. Thus, it would be possible to misclassify these agricul­ tural implements in Class 12 by characterizing them as “vehicles.” Such imple­ ments include “cultivators [machines]” (Basic No. 070138), “harrows” (Basic No. 070213), “harvesting machines” (Basic No. 070051), and “mowing and reap­ ing machines” (Basic No. 070051). The purpose of these pieces of farming equip­ ment is to perform a physical task, even though they also may transport the person operating the machine. It should be noted that “tractors” (Basic No. 120075) are classified in Class 12 because they do not in and of themselves perform a task. They serve to transport other pieces of equipment that accomplish an agricultural job. Of course, agricultural implements that fit within the definition of being a machine are classified in Class 7. The distinction between machines that primarily perform a physical task while moving, which are in Class 7, and special-​task vehicles, which have the primary

60

60

International Trademark Classification

purpose of transportation and which are in Class 12, extends beyond agricultural implements. “Road sweeping machines, self-​propelled” (Basic No. 070034), “earth moving machines” (Basic No. 070417), and “bulldozers” (Basic No. 070069) are classified in Class 7 even though they involve movement in the performance of their functions. On the other hand, “fork lift trucks” (Basic No. 120001), “ambu­ lances” (Basic No. 120233), “ski lifts” (Basic No. 120170), and “wheelchairs” (Basic No. 120062)  are classified in Class 12 because they transport people or things, even though the purpose of that transportation might cause them to be misclassified in other classes (Classes 7, 9, 28, and 10, respectively).

incubators for eggs This item, “incubators for eggs” (Basic No. 070442), is set forth separately in Class 7 because its inclusion in this class seems to be an anomaly. Certainly, incubators for eggs could be considered an agricultural implement, thereby jus­ tifying their classification in Class 7. However, there are no moving parts, and they merely create an environment for hatching eggs; they do not perform any task themselves. Thus, they would seem more appropriately classified in Class 11 or, perhaps, even Class 9. Yet, their purpose is so integral to an agricultural enterprise that it makes sense to classify them in Class 7.  An incubator most often is made by a manufacturer of other poultry-​raising equipment and rarely would be made by a heating apparatus manufacturer. Therefore, to avoid confu­ sion regarding proper classification, the entry “incubators for eggs” is set out in the Class Heading for Class 7.

automatic vending machines The addition of this item to the Class Heading was based on an extensive study of Class 9 entries in the Alphabetical List that did not seem appropriately included in Class 9, and that would be better classified in other classes with items having simi­ lar functions. Automatic vending machines had been classified in Class 9, based on two features. First, they are automatic. Second, they are perceived as employ­ ing calibration that result in a set number or measurement of goods or material being disbursed by the machine subsequent to the insertion of money or tokens. However, a “vending machine” (Basic No. 070537) is a powered machine that is more appropriately classified in Class 7 with other machinery. That it is automatic does not affect the end function of the machine. In fact, most modern machines are automatic in some way, yet they are classified in Class 7. Furthermore, the disbursement of a set number or measured amount of products owing to the introduction of money or tokens is tangential to the functioning of the machine. Vending machines are not calibrated in a way that justifies their classification in Class 9 with other measuring devices the main function of which is to measure output. Note that the mechanism that provides for the release of the items or

 61

Class 7

61

material in the machine, that is, “mechanisms for coin-​operated apparatus” (Basic No. 090063) remains in Class 9. This is the part of the machine that performs the function of recognizing the item introduced into the machine and releasing the item or material appropriate to the money or token inserted into the machine. This mechanism is classified in Class 9 because it operates as a control for the function­ ing of the vending machine and control apparatus that are most commonly found in Class 9.

b. explanatory note Class 7 includes mainly machines, machine tools, motors and engines. This Class includes, in particular: •  parts of motors and engines (of all kinds) The inclusion of these items in Class 7 previously has been explained a number of times. The fact that it appears in the specific inclusions of the Explanatory Note emphasizes its importance, particularly the parenthetical phrase “of all kinds.” Parts of motors and engines, regardless of whether the final product will be a motor or engine for use in a land vehicle or for use in some other type of machine, are in Class 7. This Class includes, in particular: • electric cleaning machines and apparatus These items are set forth in a specific inclusion of Class 7 to avoid classifi­ cation of these electrically powered machines and apparatus in Class 9 or Class 11. Thus, “dust removing installations for cleaning purposes” (Basic No. 070488), “cleaning appliances utilizing steam” (Basic No. 070485), “central vacuum cleaning installations” (Basic No. 070483), and “acetylene cleaning apparatus” (Basic No. 070002) are all in Class 7, even though they are elec­ trically powered or use heat in the form of steam to perform the cleaning function. This Class does not include, in particular: •  certain special machines and machine tools (consult the Alphabetical List of goods) While Class 7 is far-​reaching in terms of the goods it covers, some highly spe­ cialized machines and machine tools are not classified in Class 7. For example, many machines used in the medical field are classified in Class 10, “photo­ copiers [photographic, electrostatic, thermic]” (Basic No. 090154) are classified in Class 9, and “air purifying apparatus and machines” (Basic No. 110207) and “ice machines and apparatus” (Basic No. 110167) are in Class 11. As suggested in

62

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International Trademark Classification

the Explanatory Note, the Alphabetical List should be consulted if there is any doubt regarding whether a particular machine should be classified in Class 7 or elsewhere. This Class does not include, in particular: •  hand tools and implements, hand-operated (Cl. 8) As pointed out in the discussion concerning Class 8 goods below, tools and implements powered by electricity or some other power source are classified in Class 7; however, the same tools and implements are classified in Class 8 when they are operated by hand. This usually is a fairly easy distinc­ tion to make. However, some items can cause confusion. These problematic tools and implements will be explained more fully in the chapter dealing with Class 8. This Class does not include, in particular: •  motors and engines for land vehicles (Cl. 12) Owing to the significance of the change regarding motors and engines and their parts, as well as the large number of specific entries that the change affected, the Committee of Experts took every opportunity to emphasize the change, includ­ ing this specific exclusion reference. It is also repeated in the Explanatory Note for Class 12.

c. supplemental commentary “Robots [machines]” (Basic No. 070422) Robots are interesting items to find classified in Class 7. The entry refers to robotic machines, in general. Other humanoid-​type robots are classified in Class 28, if they are toys, or in Class 9, if they are for scientific or experimental purposes. But robots used in factories to perform tasks are classified in Class 7 with other power-​operated machines and tools. It should be noted that the elev­ enth edition of the Nice Agreement added an asterisk to the Class 7 entry for “robots.” This indicates that, while most robots are in Class 7, there are robots in other classes, and the Alphabetical List should be consulted for the proper clas­ sification of the particular type of robot in question. As indicated above, there are robots in Class 9 and Class 28. Racket stringing machines and bicycle assembling machines The inclusion of “racket stringing machines” (Basic No. 070511)  and “bicycle assembly machines” (Basic No. 070512)  in Class 7 is significant because it indicates that machines used in very specific fields, such as sports or

 63

Class 7

63

transportation, are still classified in Class 7 because they are power machines. These items are not classified in Class 28, even though they are used in con­ junction with sports activities; likewise, they are not classified in Class 12, even though they relate to transportation equipment. These machines do not contribute directly to the practice of the sport or the mode of transporta­ tion; they are machines that either manufacture or keep sports and transport equipment in working order and thus should be classified with other similar machines in Class 7. Modification of “hand-​held tools, mechanically operated” to “hand-​held tools, other than hand-​operated.” This change of wording was introduced in the eighth edition and the change in language clarifies the nature of tools that belong in Class 7 and distinguishes them from tools in Class 8. In essence, all tools are mechanically operated because “mechanical” refers to “… a process that involves a purely physical as opposed to a chemical or biological change or process” (Merriam-​Webster’s Online Dictionary, copyright © 2017 by Merriam-​Webster, Incorporated). So the prior use of the term mechanical as a distinction between Class 7 and Class 8 was ineffective and confusing. The concept that this entry needs to communicate is that there are tools that are handheld, but they still are classified in Class 7 because they are power operated. Only tools that are hand-operated or hand-powered are clas­ sified in Class 8. Tools that are handheld can be classified in either Class 7 or Class 8; how the tools are powered determines the difference. Power-​operated tools are correctly classified in Class 7, whereas hand-​operated tools (meaning hand-powered) are properly classified in Class 8. Vacuum cleaner bags “Vacuum cleaner bags” (Basic No. 070521) are included in Class 7 because they are closely related to vacuum cleaners, which are classified in Class 7. At one time, the bags were classified in Class 16, because they are usually made of paper. However, all other products related to vacuum cleaners are in Class 7. Other examples of vacuum cleaner-​related products that are in Class 7, rather than other possible classes, include “vacuum cleaner attachments for disseminating perfumes and disinfectants” (Basic No. 070506) and “vacuum cleaner hoses” (Basic No. 070507).

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 The additions, deletions, and amendments in the eleventh edition of the Nice Agreement Alphabetical List for Class 7 are largely administrative. Entries have

64

64

International Trademark Classification

been reordered to read more smoothly and, thus, to be more easily understood. Here are some examples: “Aerated beverage making machines” has been changed to read, “apparatus for aerating beverages” (Basic No. 070056). “Sugar making machines” has been changed to read, “machines for the produc­ tion of sugar” (Basic No. 070356). “Sausage machines” has been changed to read, “sausage making machines” (Basic No. 070346). An effort was made to create parallel entries in Classes 7 and 8 for hand tools that were electrically operated in Class 7 and those that were hand operated in Class 8. Here are two examples of those parallel entries: Class 7 –​Nail extractors, electric Class 8 –​Nail extractors, hand-operated Class 7 –​Ski edge sharpening tools, electric Class 8 –​Ski edge sharpening tools, hand-operated There are also some interesting and helpful additions, deletions, and amendments to the Alphabetical List in Class 7. However, all of these are understandable based on the well-​established parameters of Class 7, namely, that it includes mainly machines, machine tools, motors, and engines. The spreadsheet of changes that have been instituted in Class 7 since the tenth edition of the Nice Agreement that is included in the Appendix of this book should be consulted for these specific additions, deletions, and amendments.

 65

CLASS 8 OFFICIAL TEXT Class Heading Hand tools and implements (hand-​operated); cutlery; side arms; razors. Explanatory Note Class 8 includes mainly hand-​operated implements used as tools in the respective professions. This Class includes, in particular: • cutlery of precious metals; • electric razors and clippers (hand instruments). This Class does not include, in particular: • certain special instruments (consult the Alphabetical List of Goods); • machine tools and implements driven by a motor; • surgical cutlery (Cl. 10); • side arms being firearms (Cl. 13); • paper knives (Cl. 16); • fencing weapons (Cl. 28).

Interpretation As the Explanatory Note for this class states, Class 8  “includes mainly hand-​ operated implements used as tools in the respective professions.” It also includes many domestic implements that are hand-​powered or hand-​operated. As such, it is a fairly straightforward class. However, there are areas that create difficulties in the proper classification of certain goods.

a. class heading hand tools and implements (hand-operated) This Class Heading covers the majority of goods found in Class 8. Tools and implements that are powered by human effort, and not by motor or some other

6

66

International Trademark Classification

power source, are classified in this class. This includes tools, such as “hammers” (Basic No. 080156), “screwdrivers, non-​electric” (Basic No. 080195), “shov­ els [hand tools]” (Basic No. 080110), and “hand drills, hand-​operated” (Basic No. 080028), as well as “nail files” (Basic No. 080168), “guns, hand-​operated, for the extrusion of mastics” (Basic No. 080232), “fingernail polishers, elec­ tric or non-​electric” (Basic No. 080214), and “cattle marking tools” (Basic No. 080031). The concept to keep in mind is that, except in the few cases in which an electrically powered item is included in Class 8 along with its non-​electric counterpart, such as “razors, electric or non-​electric” (Basic No. 080179), tools and implements in this class are not power-​d riven. Use of the term handheld is not the criteria for classification in this class. There are tools classified in Class 7 that are handheld, but they also are motor-​or power-​operated, such as “pneumatic hammers” (Basic No. 070249) and “knives, electric” (Basic No. 070131). It should be noted that the seventh edition of the Alphabetical List transferred “cutting blow pipes, gas-​operated” (Basic No. 070486), “soldering blow pipes” (Basic No. 070504), “soldering irons, gas-​operated” (Basic No. 070505), and “welding apparatus, gas-​operated” (Basic No. 070503) from Class 8 to Class 7. Although these tools are held in the hand when used, they are powered by a source other than hand power. Therefore, the items were transferred to the class that is more appropriate for tools that are not powered by the human hand (even though they may be held in the hand), that is, Class 7.

cutlery This simple and seemingly straightforward Class Heading has created more prob­ lems than one might anticipate. It would seem that the goods covered by this term are quite clear. Items that cut and are hand operated are properly classi­ fied in Class 8.  “Saws [hand tools]” (Basic No. 080055), “cutters*” (Basic No. 080076), “punches [hand tools]” (Basic No. 080229), and “hatchets” (Basic No. 080137) are in this class. However, the definition of cutlery also includes imple­ ments used for eating, namely, knives, forks, and spoons. Of course, these items also could be considered domestic utensils and classified in Class 21, along with many other domestic utensils, but they are clearly included in the term cutlery and, thus, are always classified in Class 8. This will be discussed at greater length in the Supplemental Commentary section for this class. The primary area of confusion is caused by the distinction between imple­ ments that are classified in Class 8 and those that are classified in Class 21. This problem goes to the very essence of Class 8: that being identifying what qualifies as a tool. More specifically, the distinction comes down to recognizing when an item is a “hand-​operated tool” in Class 8 and when an item is a “household or kitchen utensil.” The question arises of whether a line can be drawn between devices that are “used as tools in the respective professions,” which are classified in Class 8, and devices that are for household or kitchen use, which are in Class 21.

 67

Class 8

67

Distinguishing goods based on professional and non-​professional usage is a diffi­ cult standard to apply; however, this seems to be the primary criteria for distin­ guishing those goods that belong in Class 8 from those goods classified in Class 21. For example, “ladles [hand tools]” (Basic No. 080081) and “spatulas [hand tools]” (Basic No. 080014) are classified in Class 8. Does this mean that soup ladles and kitchen spatulas are classified in Class 8 as well, or should they be considered domestic utensils and, therefore, classified in Class 21? The eleventh edition of the Nice Agreement has made some inroads into this conundrum. The Committee of Experts transferred “nutcrackers” (Basic No. 210387) and “sugar tongs” (Basic No. 210388) from Class 8 to Class 21. Also, ladles for wine was changed to “ladles for serving wine” (Basic No. 210390) and was transferred to Class 21. However, numerous tools that could be considered kitchen utensils have remained in Class 8. The very definition of cutlery creates a classification problem. Cutlery is defined as “edged or cutting tools; specifically: implements for cutting and eating food” (Merriam-​Webster’s Online Dictionary, copyright © 2017 by Merriam-​Webster, Incorporated). Clearly, “knives*” (Basic No. 080205) are included in Class 8, except for knives with highly specialized uses, such as “knives for surgical purposes” (Basic No. 100029) (Cl. 10) and “paper knives [cutters] [office requisites]” (Basic No. 160291) (Cl. 16), as indicated in the Explanatory Note for the class. However, Class 21 specifically includes in two of its Explanatory Notes “utensils … for household and kitchen use” and “small hand-​operated kitchen apparatus for mincing, grinding, pressing or crushing.” This note could easily encompass implements that are classified in Class 8 according to the Alphabetical List. For example, “meat choppers [hand tools]” (Basic No. 080236), “vegetable choppers” (Basic No. 080136), and “vegetable shredders” (Basic No. 080073) are included in Class 8 but could just as easily and properly be classified in Class 21 based on the Explanatory Note referenced above. Similarly, Class 21 includes “graters for kitchen use” (Basic No. 210197), which is qualitatively indistinguishable from the vegetable shredder included in Class 8. The definition of cutlery presents another set of problems because it includes tableware sets of knives, forks, and spoons in Class 8. These items could be con­ sidered kitchen utensils; however, they are classified in Class 8, and remain there even though related items have been transferred to Class 21, namely, nutcrackers, sugar tongs, and ladles for serving wine. It should be noted that this Class Heading is presented in the French version of the Nice Agreement as “coutellerie, fourchettes et cuillers.” This would be better understood in English if cutlery was expressed in language that conformed more closely to the French version. If that were the case, cutlery would be considered “knives, forks, and spoon.” In English, this terminology is understood to include the eating utensils that are used at the dining table. In French or English, Class 8 is the class for hand-​operated cutting apparatus because they would be justified in the class by the first Class Heading that reads “[h]‌and tools and implements

68

68

International Trademark Classification

(hand-​operated).” However, a closer English equivalent to the French terminology “coutellerie, fourchettes et cuillers” would make this entry in the Class Heading and below in the Explanatory Note, easier to understand and apply.

side arms The side arms that are included in Class 8 are non-​explosive weapons; they are specified in the Alphabetical List as being “other than firearms.” “Swords” (Basic No. 080208), “knives*” (Basic No. 080205), “harpoons” (Basic No. 080140), “harpoons for fishing” (Basic No. 080170), and “bayonets” (Basic No. 080025) are classified in Class 8, as well as holders for these goods, such as “sword scab­ bards” (Basic No. 080125). Although guns may be considered side arms, they clearly are not included in Class 8. As the Alphabetical List indicates, Class 8 is the class for “side arms, other than firearms” (Basic No. 080022). Class 13 is the proper class for “firearms” (Basic No. 130009), and a specific exclusion of these goods in Class 8 was introduced in the tenth edition of the Alphabetical List. The specific exclusion of firearms from Class 8 is discussed below in further detail.

razors It makes sense that “razors, electric or non-​electric” (Basic No. 080179) would be classified in Class 8, along with other cutting tools. The point to note about razors in Class 8 is that both non-​electric and electric razors are in this class. Electric razors are not classified in Class 7, as one might expect. They are classified with their closely related non-​electric counterparts, both in Class 8. (See Explanatory Note below.)

b. explanatory note Class 8 includes mainly hand-​operated implements used as tools in the respective professions. This Class includes, in particular: •  cutlery of precious metals This Explanatory Note remained in the ninth edition, even though the distinction between goods made of precious metal and those not made of precious metal was essentially resolved by the changes affecting primarily Classes 14 and 21 (see the discussions in those classes below for further details.) However, the Explanatory Note remains here because it is not incorrect. In fact, the major factor in the revi­ sion of the precious metal/​non-​precious metal classification pattern is that goods made of precious metal are now classified in the same class with identical goods not made of precious metal. Thus, cutlery made of precious metal, as well as cutlery not made of precious metal, both are in Class 8. Therefore, this note is an accurate reflection of the current policy, and there was no need for its deletion.

 69

Class 8

69

This Class includes, in particular: •  electric razors and clippers (hand instruments) As indicated above, “razors, electric or non-​electric” (No. 080179) are included in Class 8. The same is true for “hair clippers for personal use, electric or non-​ electric” (Basic No. 080219)  and “depilation appliances, electric and non-​ electric” (Basic No. 080242). Once the decision was made to include both electric and non-​electric items of this type in Class 8, it became important to make this very clear; so it is set forth in the Class Heading, the Explanatory Note, and the Alphabetical List. This Class does not include, in particular: •  certain special instruments (consult the Alphabetical List of Goods) This is a difficult entry upon which to comment, because of its potential breadth of coverage. Certainly, instruments dedicated to the medical field are not classified in Class 8; they are in Class 10. Suffice it to say that, unless an item is clearly a hand-​ operated tool for general use, the Alphabetical List should be consulted to assure proper classification of a specialized instrument. This Class does not include, in particular: •  machine tools and implements driven by a motor (Cl. 7) These goods were discussed at length in the section concerning Class 7. The exclu­ sion here from Class 8 acts as the reverse counterpart to the exclusion from Class 7 that reads, “hand tools and implements, hand-​operated (Cl. 8).” This Class does not include, in particular: •  surgical cutlery (Cl. 10) This exclusion is understandable, especially when read together with the first exclu­ sionary note that reads “certain special instruments (consult the Alphabetical List of Goods).” “Surgical cutlery” is a perfect example of a specialized hand-​operated instrument that should be classified in a class other than Class 8. To make this clear, it is set forth in a specific note. This Class does not include, in particular: •  side arms being firearms (Cl. 13) The introduction of this exclusion in the tenth edition of the Alphabetical List makes it clear that firearms that can be referred to as “side arms” are not classi­ fied in Class 8 but, rather, belong in Class 13, which is the class for firearms. By including this specific exclusion in the Explanatory Notes, it makes it clear that the side arms classified in Class 8 are those other than firearms. It should be noted that “bayonets” also are classified in Class 8. While this term is often used to refer

70

70

International Trademark Classification

to firearms that have blades affixed at their muzzle ends, only the blade itself is the bayonet, and, therefore, the item “bayonets” (Basic No. 080025) is properly clas­ sified in Class 8. This Class does not include, in particular: •  paper knives (Cl. 16) This exclusion also may be considered an example of a specialized hand-​operated instrument that ought to be included in a class other than Class 8. Without this note, “paper knives [cutters] [office requisites]” (Basic No. 160291), just like surgical cut­ lery, could easily be included in Class 8, because the language used to describe these goods employs Class 8 terminology. Again, to ensure that these goods are properly classified in their class of specialization, they have been set forth in this note. This Class does not include, in particular: •  fencing weapons (Cl. 28) It is most appropriate that “fencing weapons” (Basic No. 280130)  clearly be excluded from Class 8 by means of an Explanatory Note. Other items that are often considered sports items, such as “harpoons for fishing” (Basic No. 080170) and “hunting knives” (Basic No. 080053) are classified in Class 8. However, the har­ poons and knives perform for the purpose, and in the same way, that any other harpoon or knife would perform. Therefore, there is no reason to exclude them from Class 8. Fencing weapons, however, are not weapons in the true sense. They are not intended to be injury-​inducing weapons. In fact, there are protections built into them to prevent them from functioning as true side arms. They are sport­ ing articles used in the performance of a sport. To avoid confusion and to assure proper classification, fencing weapons are the subject of this specific exclusion from Class 8.

c. supplemental commentary Hand-​operated tools Hand-​operated tools, as opposed to being handheld, are classified in Class 8. The use of “handheld” to describe items in this class is misleading, because many tools are handheld even when they are operated by a power source. “Chain saws” (Basic No. 070484), “screwdrivers, electric” (Basic No. 070566), and “power ham­ mers” (Basic No. 070248) are all handheld tools, but they are classified in Class 7 because they are power-​operated. Note that the Alphabetical List consistently uses “hand-​operated” when referring to tools classified in Class 8 and “other than hand-​operated” when referring to tools that are powered, though handheld, in Class 7.

 71

Class 8

71

Cheese slicers, pizza cutters, egg slicers [non-​electric] “Cheese slicers, non-​electric” (Basic No. 080248), “pizza cutters, non-​electric” (Basic No. 080249), and “egg slicers, non-​electric” (Basic No. 080251) are included in Class 8 in a continuing attempt to clarify the entry in the Class Heading “cut­ lery” and to distinguish goods that are included in Class 8 from those that are classified in Class 21 as kitchen utensils. These items clearly perform a cutting activity and, since that is the basic characteristic of cutlery, this may help to define the goods that should be classified in Class 8 or Class 21. Apparatus for tattooing In order to avoid the misclassification of this item in Class 10 as a type of medical apparatus, “apparatus for tattooing” (Basic No. 080256) has been included in the Alphabetical List. This apparatus is most often powered in some way, but, like razors that are classified in Class 8, regardless of whether they are electric of non-​ electric. These goods also are classified in Class 8, whether electrically powered or not. “Tattoo needles” (Basic No. 080269) were added to the Alphabetical List in Class 8 in the eleventh edition of the Nice Agreement. Emery files “Emery files” (Basic No. 080257) are in Class 8 of the Nice Agreement. This is noteworthy because other emery products, such as “emery” (Basic No. 030094), “emery cloth” (Basic No. 030086), and “emery paper” (Basic No. 030084) are classified in Class 3, based on the entry in the Class Heading for that class of “abrasive preparations.” However, the emery products found in Class 3 are not in the form of tools—​rather, they are an abrasive in some type of suspension, or they are in the form of a cloth or paper used for a general abrasive use. The items in Class 8 are in the form of finished hand tools, so even though they are abrasive in nature, they are not in Class 3 as an abrasive preparation. Note that “emery boards” (Basic No. 080267) were added to the Alphabetical List in the 2016 ver­ sion of the tenth edition of the Nice Agreement.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Class 7 and Class 8 parallel entries Additions and amendments in Class 8 of the eleventh edition of the Nice Agreement focus on creating clarifying parallel entries for electrically operated tools in Class 7 and their hand-​operated counterparts in Class 8. These clarifying entries are extremely helpful in understanding the distinction between tools in Class 7 and those in Class 8.

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International Trademark Classification

Transfer of some kitchen utensils from Class 8 to Class 21 Some kitchen utensils were transferred from Class 8 to Class 21 in the eleventh edition of the Nice Agreement. This is a welcome development as it was difficult to determine which “tools” used in the kitchen were in Class 8 and which were in Class 21. The transfer of nutcrackers and sugar tongs and the modification of wine ladles to ladles for serving wine and the transfer of this item to Class 21 is a first step in what, hopefully, will be more clarifications of this nature in future editions of the Nice Agreement.

 73

CLASS 9 OFFICIAL TEXT Class Heading Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-​saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-​operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-​extinguishing apparatus. Explanatory Note This Class includes, in particular: • apparatus and instruments for scientific research in laboratories; • apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders; • protractors; • punched card office machines; • all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network. This Class does not include, in particular: • the following electrical apparatus and instruments: 1. electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7; 2. apparatus for pumping or dispensing fuels (Cl. 7); 3. electric razors, clippers (hand instruments) and flat irons (Cl. 8); 4. electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11); 5. electric toothbrushes and combs (Cl. 21); • clocks and watches and other chronometric instruments (Cl. 14); • control clocks (Cl. 14); • amusement and game apparatus adapted for use with an external display screen or monitor (Cl. 28).

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Interpretation a. class heading Because of the enormous growth and change in the fields of science and comput­ ers, Class 9 has become one of the largest of the Nice Agreement classes. However, great size does not necessarily lead to great difficulty in classifying goods, although there are areas that cause problems in this class. The class covers a large breadth of items, from goods of a scientific or research nature to some electronic apparatus. Items in Class 9 relate generally to the technological fields, although specialized items are classified in their own area, for example, medical apparatus in Class 10.

scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-​saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity This single entry in the Class Heading encompasses a large number of goods. To best explain this entry, each reference in it will be discussed separately. The designation “scientific” apparatus and instruments is, perhaps, the broadest and vaguest category of goods in this class. This terminology refers to items used for scientific research, as indicated in the Explanatory Note for the class. Thus, “chromatography apparatus for laboratory use” (Basic No. 090585), “oscillo­ graphs” (Basic No. 090374), “microscopes,” (Basic No. 090193), and other items used in laboratories are classified in Class 9. The distinction between apparatus and instruments used for scientific purposes, and those used for medical purposes, can cause problems. This dichotomy is made quite clear in the area of proper clas­ sification of X-​ray technology. In the Alphabetical List, there are entries in Classes 9 and 10 for almost all items dealing with X-​rays. The primary issue that arises is determining when items, such as X-​ray apparatus and instruments, are being used for scientific purposes and when they are being used for medical purposes. Generally, an apparatus is used for medical purposes when its function is to diag­ nose or treat a physical illness or condition in an individual, in which case such an apparatus is classified in Class 10. However, when an apparatus is used for purely research purposes, or for another purpose completely unrelated to medicine, for example, X-​ray apparatus used to detect flaws in manufactured products, the item is classified in Class 9. The real confusion in this area stems from equipment that can be used for both scientific research and medical diagnosis and treatment. These items tend to be characterized as being for scientific purposes and classified in Class 9, for example, “test tubes” (Basic No. 090236). Moreover, such an item should not be classified in

 75

Class 9

75

Class 10, even if it is used to culture or hold a specimen that would lead to the diagnosis of a condition in an individual. The test tube itself does not diagnose or treat the patient. It is used simply to hold test samples taken from an individual in order to determine the condition that individual possesses. But the use of the test tube is entirely separate and apart from the actual diagnosis of the individual and, therefore, is properly classified only in Class 9. The term “nautical” apparatus and instruments in the Class Heading could well be subsumed by the categories of measuring, sound transmission, or signal­ ing apparatus and instruments. In fact, the Explanatory Note for Class 9 indicates that the class “includes, in particular: … apparatus and instruments for control­ ling ships, such as apparatus and instruments for measuring and for transmitting orders.” However, the inclusion in Class 9 of certain “nautical” items eliminates the possibility of misclassifying these goods in Class 12, because they are often parts of boats or ships. Thus, “marking buoys” (Basic No. 090583) or “signalling buoys” (Basic No. 090518) are classified in Class 9, as both nautical and signal­ ing apparatus, and “navigational instruments” (Basic No. 090358) are included in Class 9, even though they are often mounted on boats and ships and could be misconstrued as being Class 12 items. Like “nautical apparatus and instruments” (Basic No. 090356), “surveying apparatus and instruments” (Basic No. 090280) are specifically set forth in the Class Heading. Here, too, the items probably would be included in Class 9 as “measuring” apparatus and instruments, however, the clear reference to the sur­ veying field eliminates any possible confusion that such items could be classified in, perhaps, Class 8 as tools used by a profession. For example, “surveying chains” (Basic No. 090056) or “surveying levels” (Basic No. 090333) are clearly classified in Class 9. The next three categories in the Class Heading do not present any sig­ nificant problems in their application. “Photographic, cinematographic and optical apparatus and instruments” are easily defined and classified. There are, of course, a few specific items that can cause confusion. X-​ray apparatus, which can be considered a photographic instrument, is classified in Class 9, if it is not used for medical purposes, and in Class 10 if it is used for med­ ical purposes. This follows the overall pattern for items that are specifically dedicated to medical purposes. The medical/​non-​medical dichotomy also arises in the optical field concerning certain lenses. “Contact lenses” (Basic No.090554) that fit over the eyeball and perform a similar function to eye­ glasses are classified in Class 9. However, intraocular lenses, that is, “lenses [intraocular prostheses] for surgical implantation” (Basic No. 100194), are in Class 10, because they are invasive to the eyeball itself and clearly come within the Class 10 Class Heading, “artificial limbs, eyes and teeth.” Most other items that fall within the definition of photographic, cinematographic, or optical instruments are classified in Class 9, such as “cameras [photog­ raphy]” (Basic No. 090184) and items relating to their use, and “optical lenses” (Basic No. 090324)  of all types, whether used in “telescopes” (Basic No.

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International Trademark Classification

090476)  found in astronomical observatories or in common “eyeglasses” (Basic No. 090331). Similarly, the phrase “weighing and measuring apparatus and instruments” presents very few problems with the proper classification of goods. One dif­ ficulty is in the area of measuring cups and “measuring spoons” (Basic No. 090641). Although they are clearly kitchen utensils, and the temptation might be to classify them in Class 21, they are correctly classified in Class 9 since they are measuring apparatus. Similarly, “rulers [measuring instruments]” (Basic No. 090284) are classified in Class 9, even though there might be a tendency to clas­ sify them in Class 16 as a type of drawing instrument. However, only “drawing rulers” (Basic No. 160234) that are uncalibrated and ungraduated are classified in Class 16. “Signalling apparatus” includes items that give off warnings or transmit information, such as “signal bells” (Basic No. 090127), “signalling buoys” (Basic No. 090518), “sirens” (Basic No. 090449), “fire alarms” (Basic No. 090068), and “fog signals, non-​explosive” (Basic No. 090524). This, too, is a fairly easy classification area and does not present significant problems. It should be noted that signs that send out warnings or information are classified in Class 9 if they are luminous or mechanical. Other types of signs are classified based on their mater­ial composition, usually being constructed of metal (Class 6) or not of metal (Class 19). “Checking (supervision) apparatus and instruments” refers to devices that pro­ vide a supervisory control of goods or functions. There are not many specific references in the Alphabetical List, but some examples of these devices include the following: “false coin detectors” (Basic No. 090173), “gas testing instruments” (Basic No. 090278), “egg-​candlers” (Basic No. 090241), and “apparatus to check stamping mail” (Basic No. 090149). There are also some general entries to pro­ vide guidance for the classification of checking apparatus that is not listed spe­ cifically in the Alphabetical List, for example, “testing apparatus not for medical purposes” (Basic No. 090249) and “material testing instruments and machines” (Basic No. 090240). This is not a difficult area of classification since all items of this type are classified in Class 9. “Life-​saving apparatus and instruments” present some classification prob­ lems in relation to sports equipment that is classified in Class 28. The line to be drawn is between items that are lifesaving and offer protection from serious, but less than fatal or even fatal, bodily harm that could occur in the course of sports activities, and those items that simply provide comfort or protection against relatively minor bumps and bruises. Apparatus falling into the former category is classified in Class 9 and apparatus falling into the latter category is classified elsewhere, such as Class 28. As an example, football helmets are “protective helmets” (Basic No. 090112), and protective helmets are classified in Class 9. Football helmets protect against blows to the head that could cause severe physical damage or death. Thus, while football helmets are articles of sports equipment that could be classified in Class 28,

 7

Class 9

77

they are more appropriately assigned to Class 9 because they are, indeed, life-​ saving apparatus. However, “protective padding [parts of sports suits]” (Basic No. 280147) is classified in Class 28, since it protects against bumps and bruises that usually are not fatal or debilitating and, thus, cannot be consid­ ered lifesaving apparatus in Class 9. Protective apparatus used in the course of employment also is classified in Class 9, if it offers bodily protection from injury, even if the apparatus is not lifesaving. This is an understandable inclu­ sion in Class 9, since there is no other class that reasonably would include such items and they are well suited to Class 9. Thus, “knee pads for workers” (Basic No. 090605) are classified in Class 9, while “knee guards [sports articles]” (Basic No. 280144) and “shin guards [sports articles]” (Basic No. 280046) are found in Class 28. Moving to water, lifesaving apparatus, such as “life buoys” (Basic No. 090517), “life jackets” (Basic No. 090546), and “life-​saving rafts” (Basic No. 090073), clearly are classified in Class 9. Divers’ apparatus, such as “divers’ masks” (Basic No. 090597), “diving suits” (Basic No. 090162), and “breathing apparatus for underwater swimming” (Basic No. 090355) also are included in Class 9, notwith­ standing the fact that scuba diving or underwater swimming might be considered a sport. Extending this concept leads to the inclusion of additional items that could be considered sports equipment, such as goggles used for swimming, in Class 9. “Goggles for sports” (Basic No. 090654) are classified in Class 9, because they are optical instruments or apparatus. Furthermore, using sports goggles both protects the eyes, and assures that the vision of the participant is clear and accurate. Note that, generally, virtually any type of protective equipment used in the water is clas­ sified in Class 9, even if it is used in the course of a water-​sport activity. However, swimming equipment that is used in training or that is for a use other than life or body protection is not classified in Class 9, with the exception of equipment for underwater swimming, as previously noted. Some examples of this type of equipment are “water wings” (Basic No. 280211), “swimming belts” (Basic No. 280212), “swimming jackets” (Basic No. 280213), and “flippers for swimming” (Basic No. 280093). These items all are classified in Class 28. The distinction between “teaching apparatus and instruments” in Class 9 and “instructional and teaching materials” in Class 16 is a difficult one to draw. The only entries classified in Class 9 relating to “teaching apparatus” are “audiovisual teaching apparatus” (Basic No. 090061), “teaching appa­ ratus” (Basic No. 090440), “resuscitation mannequins” [teaching apparatus] (Basic No. 090680), and “simulators for the steering and control of vehi­ cles” (Basic No. 090448). However, these items (except for the broad and vague term “teaching apparatus”) would be included in Class 9 regardless of whether they were used for teaching purposes because they possess char­ acteristics that would justify their classification in Class 9 besides being used for teaching purposes, such as a technological or electronic factor. On the other hand, Class 16 has many references to specific teaching materials, from “books” (Basic No. 160095), “paper*” (Basic No. 160006), and “pens

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International Trademark Classification

[office requisites]” (Basic No. 160242) to “blackboards” (Basic No. 160201). One rationale, which explains the distinction between the teaching items classified in these two classes, is a careful application of the terminology used in each Class Heading. “Apparatus and instruments” is the phrasing used in Class 9, while the term “materials” is used in Class 16. Also, teaching appa­ ratus in Class 9 includes devices, implements, and instruments that instruct in a way that requires student interaction with the apparatus. The other teach­ ing materials in Class 16 teach by observation, rather than by performing a task or requiring physical interaction with the apparatus, as a simulator would. This is a difficult distinction to define and apply. Suffice it to say that most items relating to the education field are classified in Class 16; however, the Alphabetical List should be consulted concerning items used in education that perform an active role in the teaching process or that incorporate Class 9 characteristics that would qualify such items for classification in Class 9. The category of “apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity” was added in the eighth edition of the Nice Agreement (2001). This language took the place of the single word “electric” that came after “surveying” and before “photo­ graphic” in the list of apparatus and instruments that make up the beginning of this Class Heading entry. The language was amended because the “electric apparatus and instruments” entry was far too broad and it ended up includ­ ing goods that were more appropriately classified in classes other than Class 9. For instance, “electric hammers” (Basic No. 070489) are correctly classified in Class 7, not Class 9. The revision of the Class Heading made it clear that apparatus and instruments that conduct, switch, transform, or otherwise con­ trol electricity are all classified in Class 9. Other electrical apparatus may also be in Class 9, but these goods are listed specifically in the Alphabetical List or referred to in the Explanatory Note.

apparatus for recording, transmission or reproduction of sound or images Owing to the specificity and clarity of the terminology of this Class Heading, these goods do not present classification problems. Virtually all items dealing with recording, transmitting, or reproducing sound or images are classified in Class 9, from “television apparatus” (Basic No. 090468) and “telephone appar­ atus” (Basic No. 090423)  to “juke boxes, musical” (Basic No. 090062)  and “megaphones” (Basic No. 090341).

magnetic data carriers, recording discs Like the preceding category, this next area covering “magnetic data carriers, record­ ing discs,” is quite consistent. “Computer software, recorded” (Basic No. 090591) and other similar media carriers are classified in Class 9 under this section of the Class

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Class 9

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Heading. Note that a computer chip used in another item, such as an automobile, still would be classified in Class 9, if it were sold separate and apart from the auto­ mobile. However, the automobile itself is classified in Class 12, and not in Class 9, despite that much of its functionality is controlled by the magnetic data carrier.

compact discs, dvds and other digital recording media These goods differ from those listed above in that they are specifically for digital recording. They carry data and audio and video recordings in a manner that is dif­ ferent from the magnetic data carriers and recording discs described in the previous Class Heading. For example, “compact discs [audio-​video]” (Basic No. 090587) is in the Alphabetical List pursuant to this Class Heading. As with the prior Class Heading, the goods encompassed by this language are quite clear and should not present a classification problem.

mechanisms for coin-​operated apparatus “Mechanisms for coin-​operated apparatus” (Basic No. 090063) are the mechan­ isms that provide for the release of certain items or material in a machine or that provide activation of the machine. This mechanism is the part of the machine that performs the function of recognizing the item introduced into the machine and releasing the corresponding item or material or activating the function appropriate to the money or token inserted into the machine. It is classified in Class 9 because it functions as a control for the operation of the machine, and control apparatus is most commonly found in Class 9. It should be noted that this mechanism is separ­ ate and apart from the machine that is being controlled or activated. Thus, while “coin-​operated billiard tables” (Basic No. 280124) are classified in Class 28 and “coin-​operated washing machines” (Basic No. 070236) and “vending machines” (Basic No. 070537) are found in Class 7, the mechanisms for controlling those coin-​operated devices are properly classified in Class 9.

cash registers, calculating machines, data processing equipment, computers The next category in the Class Heading contains a variety of items united by the common thread of using artificial intelligence in their functioning, namely, “cash registers” (Basic No. 090525), “calculating machines” (Basic No. 090103), “data processing apparatus” (Basic No. 090306), and “computers” (Basic No. 090372). Because of the progress technology has made in the past few decades, this area of Class 9 goods has grown rapidly, and it accounts for a significant percentage of the trademarks registered in this class. This is true, especially, when computer programs are taken into account as a counterpart of this Class Heading. The breadth of this area results in a certain ease in classification of the goods covered by the terminology. Virtually everything relating to computers is

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International Trademark Classification

classified in Class 9, from “printers for use with computers” (Basic No. 090618) to “electronic pens [visual display units]” (Basic No. 090598). Once an item is identified as computer-related, there is little question regarding its classification. At the other end of the technological scale, it should be noted that the “abacus” (Basic No. 090627) also is included in the Alphabetical List in Class 9. It is, after all, one of the oldest calculating machines known and is still used today. Therefore, even though the only power source used in an abacus is a human fin­ gertip, it is rightly classified in Class 9, based on the specific inclusion of “calcu­ lating machines” (Basic No. 090103).

computer software The Class Heading “computer software” requires little, if any, explanation. Observe that it is not the programming of the software that is considered the goods by this language. Rather, the item covered by this Class Heading is the carrier for that pro­ gramming. This carrier usually takes the form of discs or tapes, or even punched cards that still are used today in some places. This heading also includes “computer programs [downloadable software]” (Basic No. 090658). The rationale for recogniz­ ing this intangible item as a good in Class 9 is that the end user receives the exact same product in his or her computer, whether it was obtained via hard media, like a disc or tape, or was directly downloaded from an online source. The result is the same: the program resides in the end user’s computer until it is erased or deleted by the user.

fire-​extinguishing apparatus The last item in the Class Heading is “fire extinguishing apparatus” (Basic No. 090750). This, too, presents little problem in terms of proper classification. However, it should be noted that fire engines (Basic No. 090297) also are classified in Class 9. Although these items are vehicles that transport firefighters and equip­ ment to fires, they include their own self-​contained fire-​extinguishing apparatus, and, therefore, are rightly classified in Class 9.

b. explanatory note The Explanatory Note for Class 9 is extremely important. Because the class covers such a wide range of goods, the Class Heading is helpful only up to a certain point. Information provided in the Explanatory Note for this class is essential in making proper classification determinations. This Class includes, in particular: •  apparatus and instruments for scientific research in laboratories As indicated above in the discussion relating to the Class Heading for “scientific apparatus and instruments,” the scientific apparatus and instruments included in

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Class 9

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Class 9 are those used in research laboratories. The problem here, as noted in the earlier discussion, is the difficulty in drawing the line between research laboratory equipment and diagnostic equipment used in the medical field. The solution is either differentiate the goods with appropriate language and classify them in the corresponding classes (i.e., goods for scientific research and laboratory purposes in Class 9 and goods for medical purposes in Class 10) or omit language that would specify the goods as being classified in Class 9 and/​or Class 10 and rely on the assumption that, without further specification, scientific apparatus and instru­ ments are classified in Class 9. This Class includes, in particular: •  apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders This Explanatory Note also was addressed in an earlier discussion. The section above concerning “nautical apparatus and instruments” suggests the difficulty inherent in assuming that all goods associated with ships must be classified in Class 12. “Naval signalling apparatus” (Basic No. 090357) and “navigational instruments” (Basic No. 090358) are specifically set forth in the Alphabetical List as goods belonging in Class 9. Owing to their integral relationship with ships, these apparatus and instruments easily could be misclassified in Class 12. Based on the Class Heading alone, it would be possible to classify goods, such as lifesaving equipment, in Class 9 and allow other items connected with boats and ships to be classified in Class 12. This specific inclusion in the Explanatory Note and the individual entries in the Alphabetical List make it clear that other measuring, signaling, and checking goods also are included in Class 9 even when they relate to “apparatus for loco­ motion by water” (see Class Heading for Class 12). This Class includes, in particular: • protractors It may seem obvious that “protractors [measuring instruments]” (Basic No. 090419) are classified in Class 9; however, they are set out in the specific inclusions of the Explanatory Note since they also could be classified in Class 16. Other drawing instruments are in Class 16 so long as they are not calibrated to be measuring devices and are simply used as guides or templates for drawing purposes. “Drawing rulers” (Basic No. 160234) and “square rulers for drawing” (Basic No. 160069) are classified in Class 16, while “rulers [measuring instruments]” (Basic No. 090284) are in Class 9. The Alphabetical List includes the entry “protractors [measuring instruments]” (Basic No. 090419) in Class 9; however, it does not include a cor­ responding entry for protractors in Class 16. Perhaps this is because it is assumed all protractors provide a measuring function and, therefore, must be classified in Class 9. There does not appear to be a similar instrument used only for drawing purposes that would be classified in Class 16.

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International Trademark Classification

This Class includes, in particular: •  punched card office machines This entry may seem obsolete in the current era of computer technology. At the time of its inclusion in the Explanatory Note, there must have been confusion between this type of office machine and other office machines that are included in Class 16, such as “paper shredders for office use” (Basic No. 160287)  and “addressing machines” (Basic No. 160005). “Punched card machines for offices” (Basic No. 090097) were so highly technical, and closely related to early com­ puters, that they merited an entry in the Explanatory Note as a specific inclu­ sion in Class 9. It should be noted that “paper tapes and cards for the recordal of computer programmes” (Basic No. 160231)  are classified in Class 16 with other paper products. However, the machines from this early computer era are properly classified in Class 9. This Class includes, in particular: •  all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network This specific inclusion was added in the eighth edition of the Nice Agreement. The entry makes it clear that computer programs and software that are incorporated into the user’s computer are in Class 9 regardless of their method of delivery. In the final analysis, the user has the same item whether the software is loaded onto the computer from a CD-​ROM, or from a remote network. This is quite an innov­ ation in the Nice Agreement, being that an intangible item has been recognized as goods in trade. However, since there is no difference in the product: whether it is in the form of a CD-ROM or downloaded code, it makes sense to classify all software and programs in Class 9. This Class does not include, in particular: •  the following electrical apparatus and instruments: 1. electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit-​presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7; 2. apparatus for pumping or dispensing fuels (Cl. 7); 3. electric razors, clippers (hand instruments) and flat irons (Cl. 8); 4. electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11); 5. electric toothbrushes and combs (Cl. 21). This specific exclusion has five subparts. They are being discussed together because all of the subparts are interrelated. This Explanatory Note excludes items from Class 9 that otherwise logically might be included based on the specific inclusions discussed above.

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Class 9

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The tenth edition of the Alphabetical List adopted a revised approach concern­ ing certain items, such as those included in this specific exclusion that departed from prior treatment of these goods. As a result, many items were transferred from Class 9 into other classes. As previously noted, an element of the approach that sup­ ported many of these transfers was that electric items did not necessarily need to be classified in Class 9, simply because they were electric. There are examples through­ out the Alphabetical List before the entry into force of the tenth edition that sup­ port this approach. For example, “toothbrushes” (Basic Nos. 210250 and 210276) are in Class 21, whether electric or non-​electric, and “pencil sharpeners” (Basic No. 160293) are in Class 16. Both items—​the electric and the non-​electric—​are included in the Alphabetical List in the single functional class for the item. Before the tenth edition came into effect, it was confusing for users to find some items in a single class whether electric or non-​electric, and others separated into two classes based on whether the item was electric, and in Class 9, or non-​electric, and in the class of the item’s function. This specific exclusion highlights some of the revised classifications that resulted from the new approach of classifying electric imple­ ments in the classes of their functions, rather than in Class 9, simply because there are electrically operated. This Class does not include, in particular: •  clocks and watches and other chronometric instruments (Cl. 14) •  control clocks (Cl. 14) “Clocks” (Basic No. 140011) and “watches” (Basic No. 140057) are spe­ cifically excluded from Class 9 because they rationally could be considered devices that measure time and, therefore, would be misclassified in Class 9 as measuring apparatus and instruments. Such goods actually belong in Class 14, in which the Class Heading reads “horological and chronometric instru­ ments,” making the inclusion of these items in Class 14 clear. The only type of clock that is correctly classified in Class 9 is a “time clock [time recording devices]” (Basic No. 090649), that is, a clock used for recording segments of time as the bracketed language in the entry indicates. These clocks are typic­ ally used in work situations to record the number of hours employees are on the job. Their purpose is not to tell time, but rather to measure and record the amount of time spent on various activities. Note that “stopwatches” (Basic No. 140164) are classified in Class 14, as they are considered chronometric instruments. “Control clocks [master clocks]” (Basic No. 140043)  are also specifically excluded from Class 9.  They are precisely calibrated, accurate time-​keeping devices from which other clocks and time sources take their settings. However, in the final analysis, they are fundamentally clocks and, therefore, are classified in Class 14. It should be noted that there is a difference between “chronographs [time recording apparatus]” (Basic No. 090586), which are classified in Class 9, and “chronographs [watches]” (Basic No. 140027), which are classified in Class 14.

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International Trademark Classification

This Class does not include, in particular: •  amusement and game apparatus adapted for use with an external display screen or monitor (Cl. 28) This is an important exclusion that was introduced in the tenth edition of the Nice Agreement. Before the exclusion, amusement and game apparatus adapted for use with an external display screen or monitor were classified in Class 9, whereas amusement and game apparatus other than those adapted for use with an external screen or monitor, that is, game and amusement apparatus with a self-​contained screen or monitor, were classified in Class 28. As the industry has developed, the same device could be used either with an external monitor, or with its own self-​contained screen or monitor, so this distinction became an artificial one upon which to base classification. The Alphabetical List now includes the entry “video game machines” (Basic No. 280214) in Class 28 without specifica­ tion as to whether the machine is used with an external screen or monitor or has a self-​contained screen or monitor. Since the goods are, basically, for amusement and playing games, Class 28 is the appropriate class for both types of apparatus.

c. supplemental commentary “Electronic publications, downloadable” (Basic No. 090657) As explained in the discussion above concerning the classification of software and computer programs in Class 9 regardless of their method of delivery, the same rationale may be applied to downloadable electronic publications. These publica­ tions download onto a user’s computer, whether by means of a CD-​ROM or from a remote computer network. It should be noted that the item “computer programs [downloadable software]” (Basic No. 090658)  is also in the Alphabetical List in Class 9. “Resuscitation mannequins [teaching apparatus]” (Basic No. 090680) This item easily could be misclassified in one of several classes, including Class 28 because it is somewhat analogous to a doll, Class 20 by analogy to the mannequins presently classified in Class 20, although they specifically are referred to as fash­ ion mannequins, or even Class 16 because of the educational value of the good. However, because a resuscitation mannequin is a form of apparatus, and because Class 16 is limited to instructional and teaching material (except apparatus), the only class in which the inclusion of resuscitation mannequins makes sense is Class 9 based on the Class Heading entry “teaching apparatus and instruments.” “Egg timers [sandglasses]” (Basic No. 090683) Egg timers [sandglasses] are classified in Class 9 of the Nice Agreement. Because this item commonly is used in a home kitchen, it previously was classified in Class

 85

Class 9

85

21 with other kitchen utensils. However, it is primarily a time-​measuring apparatus and, as such, is more properly classified in Class 9 with other measuring devices. “DNA chips” (Basic No. 090684) Although DNA is living matter, DNA chips are items used in scientific research and are appropriately classified in Class 9. In order to avoid misclassification of the item in Class 1 with other biological materials or Class 31 with other living organisms, the product was included in the Alphabetical List with its proper classification in Class 9. “Traffic-light apparatus [signalling devices]” (Basic No. 090687) To avoid misclassification in Class 11 as a product that provides illumination, this entry was introduced into the ninth edition of the Nice Agreement. The bracketed explanation “[signalling devices]” makes it clear that this is a Class 9 good. It is not a streetlight for illuminating the streets for vehicles and people moving in traffic, which would be classified in Class 11. “Clothing especially made for laboratories” (Basic No. 090691) As with protective clothing in Class 9, this item was explicitly introduced to prevent it being misclassified in Class 25 with other non-​specialized clothing. Clothing used in laboratories is often sanitized and it may even possess protective qualities for the wearer. Therefore, it is more appropriate to classify such clothing in Class 9 rather than in Class 25. Transfer of “asbestos screens for firemen” (Basic No. 090689) The item “asbestos screens for firemen” was transferred from Class 17 to Class 9. While it does have some insulating properties, which justified its prior classifica­ tion in Class 17, an asbestos screen’s primary function is to protect firefighters from injury or death owing to exposure to fire. Given the other life-protecting and lifesaving items classified in Class 9, it makes sense that these goods were moved from Class 17 into Class 9.

reiteration of significant changes in the tenth edition of the nice agreement Although this book brings focus to the changes brought to the eleventh edi­ tion of the Nice Agreement, the significant changes in Class 9 classification that were set out in the last edition of this book bear repeating. The most prominent changes that occurred in the tenth edition resulted from the change in approach to the classification of electric apparatus. Specifically, this new approach classifies a particular good based on its function, rather than the fact that it is electric or automatic, which previously had guaranteed its

86

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International Trademark Classification

classification in Class 9. This general principal is relatively new and should be kept in mind when classifying electric apparatus. The Alphabetical List of Goods should be consulted if there are questions about the classification of a particular electrical item.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Modernization There were not many alterations to Class 9 in the eleventh edition of the Nice Agreement. The focus of the revision period appears to be the modernization of the Alphabetical List. Many new products have been introduced that were little known or even unknown in 2012, the year of implementation of the tenth edition of the Nice Agreement. Obsolete or dated terms have been deleted or modernized. The following additions to the class are examples of this modernization trend in Class 9: “Digital photo frames” (Basic No. 090711) “Electronic book readers” (Basic No. 090718) “Smartphones” (Basic No. 090719) “Smartglasses” (Basic No. 090748) “Smartwatches” (Basic No. 090749) “Selfie sticks [hand-​held monopods]” (Basic No. 090742) Some examples of modernization or deletion of obsolete terminology include “calculating discs” changed to “circular slide rules” (Basic No. 090101), “portable telephones” changed to “cordless telephones” (Basic No. 090661), and “mobile telephones,” “cell phones,” and “cellular phones” (all under Basic No. 090734) have been added to the Alphabetical List. As part of the modernization effort, the following items have been deleted from Class 9: Word processors Accounting machines Pince-​nez entries Clarification of firefighting apparatus Motor fire engines have been changed to “fire engines” (Basic No. 090297) and fire engines have been changed to “fire pumps” (Basic No. 090298). There had been confusion concerning the classification of fire trucks that are also referred to as fire engines. Although fire engines are vehicles that transport firefighters and equip­ ment to fires, they have their own self-​contained fire-​extinguishing apparatus and, therefore, are rightly classified in Class 9.

 87

Class 9

87

“Socks, electrically heated” (Basic No. 110345) This item has been transferred to Class 11. This transfer is appropriate because the purpose of the socks being electrically heated is to provide warmth to the feet. The electric aspect of the socks was not for a Class 9 purpose. As with other heating or warming apparatus, Class 11 is the appropriate class for these goods. “Joysticks for use with computers, other than for video games” (Basic No. 090747) Attention is brought to this entry because joysticks now appear in three classes in addition to those in Class 9. “Joysticks being parts of machines, other than for game machines” (Basic No. 070567) are in the specific inclusion section of the Explanatory Note for Class 7, as well as in the Alphabetical List; “vehicle joysticks” (Basic No. 120278) are in Class 12; and “joysticks for video games” (Basic No. 280228) are in Class 28.

8

CLASS 10 OFFICIAL TEXT Class Heading Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles, suture materials; therapeutic and assistive devices adapted for the disabled; 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: • supportive bandages and 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 composed of artificial or synthetic materials, for example, surgical implants composed 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, babies’ napkins and napkins for incontinents, 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).

 89

Class 10

89

Interpretation a. class heading Many of the difficult areas involving the classification of Class 10 goods were discussed in the Class 5 and Class 9 analyses. The Class Heading for Class 10 is fairly unambiguous. However, as with most other classes, there are some problematic areas.

surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth As discussed in the section regarding Class 5 goods, “apparatus and instruments” are key words in identifying whether an item in the surgical, medical, dental, or veterinary fields should be classified in Class 5 as a medication or preparation or whether they are devices for administering those medications and preparations, or for providing diagnosis and treatment of diseases and physical conditions, and are, therefore, classified in Class 10. The primary difficulty in classifying goods in Class 10 is similar to one of the difficulties present in Class 5. Many items that could be classified elsewhere are classified in Class 10, when accompanied with a specification that they are for medical (or surgical, dental, or veterinary) purposes. Also, items exist that offer relief to a physical condition, but they are not classified in Class 10 because they are not considered medical apparatus. To be classified in Class 10, an apparatus or instrument must be therapeutic to the point of being used or prescribed by a medical professional or be instrumental in the treatment or relief of a disease or physical condition. Devices that relate to the medical field, but are not for the actual treatment of a specific ailment, are not classified in Class 10. For example, “hospital beds” (Basic No. 200138) are classified in Class 20 because they are beds that move in various ways and have various features, including restraining bars and holders for IV poles, but the beds do not serve to treat a medical condi­ tion. However, “beds specially made for medical purposes” (Basic No. 100173) are classified in Class 10; for example, beds that are specially constructed for use by burn victims, because limited contact by the bed with the burned areas is important to the patient’s recovery, the item is properly classified in Class 10. This unique bed, used for such a condition, must be specially constructed to further the treatment of the patient. As indicated in the specific inclusions of the Explanatory Note for the class, “furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables” is classified in Class 10. This is embodied in the entry in the Alphabetical List for “furniture especially made for medical purposes” (Basic No. 100119).

90

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International Trademark Classification

Similarly, other items, if specified as being for medical use, are classified in Class 10, while their non-​medical counterparts are classified in other classes. Entries in the Alphabetical List that exemplify this distinction include items such as “belts for medical purposes” (Basic No. 100045) in Class 10, as opposed to “belts [clothing]” (Basic No. 250031) in Class 25; “lamps for medical purposes” (Basic No. 100108) in Class 10, versus “lamps” (Basic No. 110040) in Class 11; and “thermometers for medical purposes” (Basic No. 100198) in Class 10, in con­ trast to “thermometers, not for medical purposes” (Basic No. 090429) in Class 9. The pattern that emerges is that an item that is specified for medical purposes and which, in fact, serves a medical purpose is classified in Class 10, provided that the description of goods clearly indicates this specialized purpose. Otherwise, the item must be classified in the regularly applicable class. In many cases, goods will be classified in both Class 10 and the standard class for the item if the same product is used for medical and non-​medical purposes.

orthopaedic articles; suture materials “Orthopedic articles,” “orthopaedic articles” (both under Basic No. 100038) and “suture materials” (Basic No. 100149) are logically included in this class and present little confusion and few problems. However, the Class Heading for orthopedic articles creates the “bandage” problem previously discussed in Class 5. Bandages that provide support for orthopedic conditions are classified in Class 10, while bandages used for protection or as a carrier for medi­cinal preparations are classified in Class 5. Some examples of bandages that are classified in Class 10 include “knee bandages, orthopedic” (Basic No. 100193), “supportive ban­ dages” (Basic No. 100020), “stockings for varices” (Basic No. 100166), “strait jackets” (Basic No. 100041), and “bandages for joints, anatomical” (Basic No. 100020). Suture materials are set out in the Class Heading in order to avoid misclas­ sification of these goods in Class 23, the class for yarns and threads. By expressly including these goods in the Class Heading, it is clear that any yarn or thread that comes within the definition of suture materials belongs in Class 10. Other suture materials, such as “suture needles” (Basic No. 100009), also are classified in Class 10.

therapeutic and assistive devices adapted for the disabled This phrase was added to the Class Heading in the eleventh edition of the Nice Agreement. It covers a wide range of goods, some of which could be classified in classes other than Class 10 but for this language being included in the Class Heading. Indeed, many items probably were misclassified and this resulted in the introduction of this language.

 91

Class 10

91

This Class Heading covers orthopedic items, “quad canes for medical pur­ poses” (Basic No. 100230) and “walking frames for disabled persons” (Basic No. 100226). However, as indicated in the specific exclusions above and explained below, “wheelchairs” (Basic No. 120062) and “mobility scooters” are in Class 12 because they are considered vehicles even though they are used to transport dis­ abled individuals.

massage apparatus Another new entry in the Class Heading in the eleventh edition of the Nice Agreement, “massage apparatus” is now clearly classified in Class 10. The entry has been in the Alphabetical List under Basic No. 100113 in prior editions of the Nice Agreement. Now it is highlighted by including it in the Class Heading.

apparatus, devices and articles for nursing infants Another clarifying phrase that was added in the eleventh edition of the Nice Agreement, this language secures these items in Class 10. “Babies bottles” (Basic No. 100028) and “babies’ pacifiers [teats]” (Basic No. 100145) are in the Alphabetical List and fall clearly within this Class Heading, as is the very general entry, “nursing appliances” (Basic No. 100016).

sexual activity apparatus, devices and articles Classification of sexual activity apparatus, devices, and articles has caused con­ troversy over the years, so the inclusion of this language in the Class Heading in the eleventh edition of the Nice Agreement has resolved this. While these items are often used for enhancing the pleasure of a sexual encounter, the means by which they do this is by “improving the function or condition” of the individ­ uals involved in the activity. This language is taken from the Explanatory Note that was revised in the eleventh edition of the Nice Agreement. Thus, “sex toys” (Basic No. 100234) and “love dolls [sex dolls]” (Basic No. 100219] are now clearly classified in Class 10 and only in Class 10.

b. explanatory note Class 10 includes mainly surgical, medical, dental and veterinary apparatus, instruments and articles generally used for the diagnosis, treatment or improve­ ment of function or condition of persons and animals. In previous editions, Class 10 had very few specific inclusions and no spe­ cific exclusions. This has been changed in the eleventh edition of the Nice Agreement. Both areas have been widely expanded and the new entries are explained below.

92

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International Trademark Classification

This Class includes, in particular: •  supportive bandages and special clothing for medical purposes, for example, compression garments, stockings for varices, strait jackets, orthopaedic footwear This Explanatory Note is an expansion of the note that existed in previous edi­ tions, namely, “supportive bandages.” As explained above in the Class Heading section concerning “orthopaedic articles and surture materials,” the distinction between bandages that are in Class 5 and those that are in Class 10 is critical to the classification of these items. To reiterate that distinction, bandages that pro­ tect a wound, absorb bodily fluids, or are used to carry medication to the wound are in Class 5, whereas those that are in Class 10 provide support and stability for injuries. The inclusion of special clothing for medical purposes in this Explanatory Note is extremely helpful. This clear inclusion eliminates any ambiguity concerning the classification of clothing that provides a medical benefit. The examples given in the Explanatory Note give the user guidance as to the nature of the clothing that is classified in Class 10 as opposed to Class 25. This Class includes, in particular: • articles, instruments and devices for menstruation, contraception and childbirth, for example, menstrual cups, pessaries, condoms, childbirth mattresses, forceps This Explanatory Note clarifies any ambiguity that may exist concerning these items owing to the inclusion of other menstrual items, such as “menstruation ban­ dages” (Basic No. 050233) in Class 5. Like other bandages in Class 5, menstrual bandages provide an absorptive function. However, an article for use during men­ struation, such as “menstrual cups” (Basic No. 100241), is not absorptive in nature and, therefore, is classified in Class 10 and not Class 5. The other items included in the Explanatory Note are related to menstruation and are logically included in this section. While the classification of these other items may not have been prob­ lematic, including them in this Explanatory Note is helpful. This Class includes, in particular: • therapeutic and prosthetic articles and devices for implantation composed of artificial or synthetic materials, for example, surgical implants composed of artificial materials, artificial breasts, brain pacemakers, biodegradable bone fixation implants This Explanatory Note draws the distinction between “surgical implants com­ prised of living material” (Basic No. 050397) in Class 5 and “surgical implants comprised of artificial materials” (Basic No. 100208). The distinction is as simple as that, but having these goods set forth in the Explanatory Note for Class 10 should eliminate users of the Nice Agreement from making errors in this area.

 93

Class 10

93

This Class includes, in particular: • furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables This concept was discussed to some extent in the section above concerning the classification of goods designated for medical purposes in Class 10 and the classi­ fication of the same goods in other relevant classes when not for medical purposes. The example of “hospital beds” (Basic No. 200138)  and “beds specially made for medical purposes” (Basic No. 100173) epitomizes this concept. While some furniture may be used in a medical environment, only furniture that has been spe­ cially designed for medical use should be classified in Class 10. “Operating tables” (Basic No. 100150), “childbirth mattresses” (Basic No. 100004), and “dentists’ armchairs” (Basic No. 100048) are examples of special furniture for medical use belonging in Class 10. This Class does not include, in particular: •  medical dressings and absorbent sanitary articles, for example, plasters, bandages and gauze for dressings, breast-​nursing pads, babies’ napkins and napkins for incontinents, tampons (Cl. 5) As a counterpart to the Explanatory Note in the inclusion section concerning supportive bandages, this specific exclusion further emphasizes the nature of the bandages and absorbent articles that are in Class 5 and not in Class 10. Note that the absorption characteristic is an important factor in this distinction. Absorbent dressings and other articles are in Class 5 while supportive articles are in Class 10. This Class does not include, in particular: • surgical implants comprised of living tissue (Cl. 5) Another counterpart with a specific inclusion in Class 10, this specific exclusion reiterates the classification of living tissue implants in Class 5, whereas artificial or synthetic implants are in Class 10. This Class does not include, in particular: • tobacco-​f ree cigarettes for medical purposes (Cl. 5) and electronic cigarettes (Cl. 34) This important exclusion, tobacco-​free cigarettes for medical purposes (Cl. 5) and electronic cigarettes (Cl. 34), is new in the eleventh edition of the Nice Agreement. Both of these items could be considered apparatus or devices that assist in smoking cessation, so it is arguable that they could be classified in Class 10 as medical apparatus. “Tobacco-​free cigarettes for medical purposes” (Basic No. 050081) should be considered a specially formulated replacement that is used to ameliorate or avoid the development of a negative physical condition which, if

94

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International Trademark Classification

not so formulated, would be in a class other than Class 5. An analogy would be “dietetic foods adapted for medical purposes” (Basic No. 050297). These foods would be classified in Class 29 or Class 30 but for their special formulation that ameliorates or avoids development of a negative physical condition. Therefore, although the tobacco-​free cigarettes could be considered a medical apparatus in Class 10, the smoke from these cigarettes is taken into the body, so Class 5 is the more appropriate classification for this item. “Electronic cigarettes” (Basic No. 340039) could also be considered an appar­ atus for the amelioration or avoidance of a negative physical condition but they are not always used for that purpose. Since they can be used with various flavorings, they may be used as a substitute for tobacco cigarettes, but the purpose in using them would be to have a flavor experience that is different from using tobacco cigarettes and not for smoking cessation. Therefore, they have been classified in Class 34. Including them in this Explanatory Note exclusion from Class 10 is important as they could be classified in Class 10 because one use of the item could be for smoking cessation. This Class does not include, in particular: • wheelchairs and mobility scooters (Cl. 12) As indicated above, “wheelchairs” (Basic No. 120062) and “mobility scooters” (Basic No. 120281) are in Class 12 because they are considered vehicles and not medical apparatus. In fact, wheelchairs and mobility scooters, while highly needed and widely used by individuals who need personal transportation assist­ ance owing to various medical conditions, do not provide medical treatment of a disease or condition. They are specialized vehicles and are properly in Class 12. Note that “gurneys, wheeled” (Basic No. 100036) are in Class 10. Like “stretch­ ers, wheeled” (Basic No. 100036), gurneys provide transportation but it is in the course of treatment and usually used in a medical setting. Therefore, Class 10 is appropriate for this type of medical transport equipment. This Class does not include, in particular: • massage tables and hospital beds (Cl. 20) As explained above, “hospital beds” (Basic No. 200138) are classified in Class 20 because they are beds that move in various ways and have various features, includ­ ing restraining bars and holders for IV poles, but the beds do not serve to treat a medical condition. The same may be said of “massage tables” (Basic No. 200229). While they have attributes unique to massage tables, such as a face cradle, the table itself does not provide any form of medical or physical treatment. The same can­ not be said of “operating tables” (Basic No. 100150) and beds for burn victims. Physical characteristics of these tables and beds contribute directly to the treatment of a person and, thus, are properly classified in Class 10.

 95

Class 10

95

c. supplemental commentary Baby equipment “Feeding bottles” (Basic No. 100028), “feeding bottle teats” (Basic No. 100170), “teething rings” (Basic No. 100018), and “pacifiers for babies” (Basic No. 100145) are all classified in Class 10. Because “food for babies” (Basic No. 050298) is classified in Class 5, it is logical that the apparatus for feeding babies should be classified in Class 10. Because it is difficult to separate pacifiers from the nipples used for baby bottles because they are so similar in form and function, pacifiers also are classified in Class 10. Teething rings perform a specific dental function and are classified here as well. Items used in medical diagnosis but not in direct association with a patient There are products that are used in diagnosing or analyzing a medical condition that do not come in contact with a patient. Computer programs that analyze the results of test data are classified in Class 9, not in Class 10, even though there is a connection to the medical field. For classification purposes, it is important to note the difference between those products that collect data directly from a patient, which are classified in Class 10, and those products that manipulate or interpret that data, which are correctly classified in Class 9. “Slings [supporting bandages]” (Basic No. 100217) As noted in the above discussion regarding supportive bandages, this area is sub­ ject to misinterpretation and misclassification. A sling is often constructed from a simple piece of fabric that may be formed to fit the body or not. However, it supports a healing limb and should not be classified in Class 24 with other fabric items or in Class 25 with clothing, even though it is “worn” on the body. It per­ forms a medical function and is properly classified in Class 10. This entry makes that classification clear. It should also be noted that the item “slings for carry­ ing infants” (Basic No. 180122) is in Class 18 because it is analogous to a bag for holding the infant while traveling or moving about. These entries distinguish between two very different kinds of slings with different purposes and indicate the proper class for each. “Ear plugs [ear protection devices]” (Basic No. 100224) The item “ear plugs [ear protection devices]” was transferred to Class 10 in the tenth edition of the Nice Agreement. In Class 9, the item simply was identified as “ear plugs.” The specification “[ear protection devices]” was added when the item was transferred to Class 10. Many items that protect parts of the body are in Class 9,

96

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International Trademark Classification

such as “protective helmets for sports” (Basic No. 090656), and “workmen’s pro­ tective face-​shields” (Basic No. 090210). However, in most cases, earplugs are used by individuals who have an existing physical condition or problem with their ears. The earplugs, in a sense, treat the existing physical condition, as their use prevents further damage or discomfort owing to that condition. Although the specifying language includes the word protection, in this case the ear is being pro­ tected from further damage or discomfort caused by an existing condition. The protective items classified in Class 9 are intended to avoid injury to an otherwise healthy body part. Also, it should be noted that “hearing protectors” (Basic No. 100124) are also in Class 10. The transfer of “ear plugs [ear protection devices],” from Class 9 to Class 10, brings these two similar items into the same class, thereby avoiding conjecture as to why one item is in Class 9, while a similar item is classified in Class 10.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 As in other classes, the Class Heading and Explanatory Note for Class 10 have been greatly expanded in the eleventh edition of the Nice Agreement. However, most of these additions codify and clarify the classification of goods that have always been in Class 10, but because of various factors, they have been misclas­ sified in other classes. These are very welcome additions, and the clarifications in them should make classification of goods in Class 10 more straightforward than it has been in the past. The other major change brought to Class 10 in the eleventh edition of the Nice Agreement is the introduction of parallel entries for US and British spell­ ing of various terms. Previously, the practice was inconsistent. Some parallel entries existed but many entries incorporated either the British or US spelling of a term in square brackets within a single entry. This was done in other classes as well. In Class 10, the term that now has separate entries for British and US spelling is orthopedic (US spelling) and orthopaedic (British spelling).

 97

CLASS 11 OFFICIAL TEXT Class Heading Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. Explanatory Note This Class includes, in particular: • air-​conditioning apparatus; • bed warmers, hot water bottles, warming pans, electric or non-​electric; • electrically heated cushions (pads) and blankets, not for medical purposes; • electrically heated clothing; • electric kettles; • electric cooking utensils. This Class does not include, in particular: • steam producing apparatus (parts of machines) (Cl. 7).

Interpretation a. class heading The apparatus included in Class 11 are characterized as being for “environmental control.” While this class of goods seems unambiguous, confusion may arise with items classified in other classes that are electrically heated. Electrically heated items in other classes do not provide heat to the environment but instead are heated to perform some other task. The goods found in Class 11 are classified as such because their purpose is to heat the environment or a specific thing.

apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes Because this Class Heading, “apparatus for lighting, heating, steam generat­ ing, cooking, refrigerating, drying, ventilating, water supply and sanitary pur­ poses,” has only one extremely long entry, each area of goods in the entry will be addressed separately.

98

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International Trademark Classification

apparatus for lighting Clearly, this entry refers to goods that produce light, from “electric lights for Christmas trees” (Basic No. 110195) to “street lamps” (Basic No. 110263). It seems all-​inclusive, but there are exceptions and distinctions to be noted. For example, “light bulbs for directional signals for vehicles” (Basic No. 110255) and “lights for vehicles” (Basic No. 110027) are classified in Class 11, whereas the “direction signals for the vehicles” (Basic No. 120228), that is the apparatus that effectuate the signaling function for the vehicle, are in Class 12. “Darkroom lamps [photog­ raphy]” (Basic No. 090318) are included in Class 9 because they are integral to the photography development process. Other pieces of electrical apparatus related to lighting are found in Class 9, such as “light dimmers [regulators] electric” (Basic No. 090606), “flashing lights [luminous signals]” (Basic No. 090126), and “flash-​ bulbs [photography]” (Basic No. 090206). The lighting apparatus found in Class 11 are not uniquely fashioned for a highly specialized use. They are simply pieces of apparatus that supply light. An exception to this description is “laboratory lamps” (Basic No. 110176), which are classified in Class 11. Because the purpose of a laboratory lamp is to provide light and not to perform a truly scientific function, classifying the item in Class 11 rather than Class 9 can be justified. The fact that there is an entry in the Alphabetical List for these goods indicates that Class 11 is the proper class for them.

apparatus for heating The apparatus for heating or “heating apparatus” (Basic No. 110067) in Class 11 are items that supply heat and are not particularly fashioned for a specialized use. Other than Class 11, Class 10 is the most common classification for items that produce heat. Heating apparatus are properly classified in Class 10 if they include a specification that they are used for medical purposes. Some exam­ ples of these goods are “heating pads, electric, for medical purposes” (Basic No. 100050) and “blankets, electric, for medical purposes” (Basic No. 100191). The non-​medical counterparts of these goods, that is, “blankets, electric, not for medical purposes” (Basic No. 110305) and “heating pads [cushions], electric, not for medical purposes” (Basic No. 110296) are classified in Class 11. As with the “laboratory lamps” (Basic No. 110176), “laboratory burners” (Basic No. 110058)  are also an exception to the general rule that laboratory equipment is classified in Class 9. The presence of this item in a specific entry in the Alphabetical List makes its classification in Class 11 clear. The item is used in a laboratory, but its purpose is to provide heat rather than to perform a scientific function. Other goods that use heat to perform a function are not classified in Class 11. For instance, “glue guns, electric” (Basic No. 070476)  are in Class 7, even though heat is used to melt the glue in the gun so it can be applied to a surface.

 9

Class 11

99

“Glue-​heating appliances” (Basic No. 110100) are classified in Class 11, because heat is used to both melt the glue and keep it viscous so it can be applied to a sur­ face using another tool. The purpose of the glue-​heating appliance in Class 11 is to heat the glue and keep it warm. The purpose of the electric glue gun in Class 7 is to apply immediately glue that happens to be melted in the gun.

apparatus for steam generating A steam-​generating apparatus uses many of the principles of other goods that are classified in Class 11; therefore, it makes sense that these items would be classified here as well. Also, “acetylene burners” (Basic No. 110003) and “acet­ ylene generators” (Basic No. 110004) are in Class 11. However, “generators of electricity” (Basic No. 070171) and “current generators” (Basic No. 070124) are classified in Class 7. The electricity and current generators that are in Class 7 create a power source that is used in many varied applications. Because it is a machine that uses power from another source, for example, water, wind, gas­ oline, or atomic fuel, to perform a task and create a product, it is classified in Class 7, based on the Class Heading for “machines.” The acetylene generators in Class 11 produce a gas that is uniquely used for its heating capability. Because “heating apparatus” is in Class 11, acetylene generators are in Class 11 for that reason.

apparatus for cooking Apparatus for cooking are classified in Class 11 if they are powered by electricity or have some other type of power source. Thus, “cooking stoves” (Basic No. 110108), “stoves” (Basic No. 110140), “kitchen ranges [ovens]” (Basic No. 110204), “hot plates” (Basic No. 110170), “roasters” (Basic No. 110230), “grills [cook­ ing appliances]” (Basic No. 110172), and “griddles [cooking appliances]” (Basic No. 110172) are all classified in Class 11, so long as they use a power source to accomplish the cooking function. Similar goods that do not have a power source are classified in other classes, often Class 21, as kitchen utensils. An example of a Class 21 cooking utensil that is in the Alphabetical List is “grills [cooking uten­ sils]” (Basic No. 210145). This differs from the “grills [cooking appliances]” in Class 11, in that the grills in Class 21 provide a cooking surface that is placed on a separate heat source; in other words, Class 21 grills are akin to pans. The grills in Class 11 have their own self-​contained heat source that is fueled by electricity, gas, or charcoal.

apparatus for refrigerating All refrigerating apparatus are classified in Class 11. There are few, if any, excep­ tions. “Air-​conditioning installations” (Basic No. 110014), whether for buildings or for vehicles, are examples of this type of product.

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International Trademark Classification

apparatus for drying Drying apparatus can cause the same type of confusion with respect to classifica­ tion as occurs with apparatus for heating. If the purpose of an item is to dry and heat or forced air is used in the drying process, it must be classified in Class 11. If the action of drying is used to accomplish another task or it is done by mechanical means, it may be classified elsewhere. This concept is similar to the one explained in the “apparatus for heating” section above. It is sometimes difficult to distinguish the “drying apparatus” (Basic No. 110097) in Class 11 from the “spin driers [not heated]” (Basic No. 070084) in Class 7. Drying apparatus classified in Class 7 dry things using some mechanical means, such as pressing or spinning. For apparatus in Class 11, drying is accomplished using heat. The result of using a drying apparatus classified in Class 11 is the production of dried goods or other items (such as hair), whereby such drying is accomplished using heat rather than a mechan­ ical method.

apparatus for ventilating Goods covered by this language are closely related to “air-conditioning appara­ tus” (Basic No. 110099). However, these goods do not necessarily have a cooling effect; rather they diffuse the air. “Ventilation hoods” (Basic No. 110006) are clas­ sified in Class 11 as are “ventilating hoods for laboratories” (Basic No. 110244). It may seem odd that laboratory hoods are classified in Class 11, rather than Class 9 with other laboratory equipment, but upon closer analysis, it becomes clear that a laboratory hood does not perform a scientific function; it merely ventilates the air in a laboratory. Therefore, there is no reason why a laboratory hood should be classified in Class 9, as a laboratory apparatus.

apparatus for water supply This category of goods is highly related to the category “apparatus for sanitary pur­ poses.” Many items that are used for sanitary purposes are integrally related to water supply, such as “bathtubs” (Basic No. 110033), “showers” (Basic No. 110121), “sinks” (Basic No. 110299), and “toilets [water closets]” (Basic No. 110105). However, there are also water supply items that merely supply water. These include “water distribution installations” (Basic No. 110096), “fountains” (Basic No. 110126), and “hydrants” (Basic No. 110049). Because both of these categories of goods are included in Class 11, the precise distinction between the two is not critical.

apparatus for sanitary purposes A broad range of goods can be used for sanitary purposes. Clearly, as indicated above, items used for personal sanitation such as “bath tubs” (Basic No. 110033), “showers” (Basic No. 110121), “sinks” (Basic No. 110299), and “toilets [water

 10

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101

closets]” (Basic No. 110105) are included in this category. However, the category also includes apparatus that sanitize air and water. Thus, “air filtering installations” (Basic No. 110015), “air purifying apparatus and machines” (Basic No. 110207), and sterilizing and disinfecting apparatus are also classified in this class.

b. explanatory note This Class includes, in particular •  air-​conditioning apparatus: As explained above, “air-​conditioning apparatus” (Basic No. 110099) is included in Class 11 as a type of apparatus for refrigerating. However, because an air con­ ditioner is rarely thought of as providing refrigeration, the Explanatory Note spe­ cifically includes it in this class to avoid confusion and possible misclassification in another class. This Class includes, in particular: •  bed warmers, hot water bottles, warming pans, electric or non-​electric •  electrically heated cushions (pads) and blankets, not for medical purposes “Bed warmers” (Basic No. 110304), “hot water bottles” (Basic No. 110302), and “warming pans” (Basic No. 110306) are listed in the specific inclusions of the Explanatory Note because they are included in Class 11, regardless of whether they are electric or non-​electric. Most items classified in Class 11 are powered by electricity or some other power source, such as gas, so it is clear that the pow­ ered versions of this apparatus are in Class 11. The same classification rationale applies to electrically heated cushions (pads) and blankets, not for medical pur­ poses. However, “bed warmers” (Basic No. 110304), “hot water bottles” (Basic No. 110302), and “warming pans” (Basic No. 110306) have self-​contained heat sources even if they are not electric. All of the non-​electric versions of these items would contain hot water or some other heated material that provides the heat. This Class includes, in particular: •  electrically heated clothing This specific inclusion finally clarifies the classification of these goods. For many years, they were classified in Class 9 because they were seen as lifesaving protec­ tion from the effects of extreme cold. The entry in the Alphabetical List that provides an example of these goods in Class 11 is “socks, electrically heated” (Basic No. 110345). They have also been classified in Class 25 because they are articles of clothing. However, their primary function is to provide heat, and that is a classic Class 11 attribute. Most often, that heat is not for lifesaving purposes; therefore, Class 9 is not the appropriate class for these items. The heat provides comfort from the cold, and the item can be seen as a type of “portable” heater in Class 11, rather than as a lifesaving device in Class 9 or as clothing in Class 25.

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International Trademark Classification

This Class includes, in particular: •  electric kettles This Explanatory Note seems self-​ evident, but “electric kettles” (Basic No. 110303) easily could be classified in Class 21 with their non-​electric counterparts. The specific inclusion makes it clear that Class 11 is the proper class for these goods. This Class includes, in particular: •  electric cooking utensils Like the electric kettles, this Explanatory Note eliminates any question concerning the classification of “cooking utensils, electric” (Basic No. 110107). They should not be classified in Class 21, the class for non-​electric cooking utensils. This Class does not include, in particular: •  steam producing apparatus (parts of machines) (Cl. 7) As with other machine parts, a steam-​producing apparatus that is a component of a machine must be classified with the machines in Class 7. Although Class 11 clearly includes apparatus for steam generating, this exception overrides that Class Heading entry. Many items are included in Class 7 when they are parts of machines that would be classified elsewhere if not parts of machines. Such excep­ tions are often highlighted in the Explanatory Notes. Actually, the exclusion of machine-​related steam-​producing apparatus from Class 11, and its inclusion in Class 7, is logical because steam is used as a power source in a machine, to enable the machine to perform its function, and is not for heating or other environmental-​control purposes. Therefore, the classification of such steam-​producing apparatus in Class 7 is understandable.

c. supplemental commentary Atomic and nuclear installations “Atomic piles” (Basic No. 110253), “installations for processing nuclear fuel and nuclear moderating material” (Basic No. 110193), and “nuclear reactors” (Basic No. 110253) are all classified in Class 11. Ultimately, these items provide lighting, heating, and the power to perform other Class 11 functions, such as refrigerating, drying, and ventilating. There is no more appropriate class for them. Class 9 is generally the class for smaller pieces of apparatus, and these installations cannot truly be considered machines that are classified in Class 7; therefore, their clas­ sification in Class 11 is appropriate. Note that “fuel for atomic piles” (Basic No. 010087) is in Class 1.

031 

Class 11

103

“Regulating and safety accessories for gas apparatus and pipes and water apparatus” (Basic Nos. 110216, 110259, 110240, and 110241) Goods that function to control or regulate are most often classified in Class 9. However, various pieces of safety apparatus are classified in Class 11. These regu­ lating and safety accessories are integrally related to a Class 11 function. The delivery of gas and water is critical to many Class 11 goods and their function. Therefore, regulating and safety apparatus that are part of gas apparatus and pipes and water apparatus logically are classified in Class 11. “Pipes [parts of sanitary installations]” (Basic No. 110103) The discussion above concerning regulating and safety accessories is also applicable here. Generally, pipes are classified in Class 6 if they are made of metal, Class 17 if they are flexible and not of metal, and Class 19 if they are not made of metal and are for building purposes. However, if the pipes are parts of sanitary installations, they are classified in Class 11. Again, the integration of the pipes in a Class 11 item is critical to understanding this classification. The pipes in Class 11 are those that are directly attached to, and are specialized parts of, installations such as “bath tubs” (Basic No. 110033), “showers” (Basic No. 110121), “sinks” (Basic No. 110299), and “toilets [water closets]” (Basic No. 110105). The pipes that bring water to and from these installations are building materials and are classified in Class 6 if they are made of metal and Class 19 if they are not made of metal. It should be noted also that “ducts, not of metal, for ventilating and air-​conditioning installations” (Basic No. 190235) are classified in Class 19, and “ducts of metal, for central heat­ ing installations” (Basic No. 060076) and “ducts of metal for ventilating and air-​ conditioning installations” (Basic No. 060415) are classified in Class 6. Thus, pipes used in a Class 11 system belong in Class 11, whereas ducts used in a Class 11 system are included in Class 6 or Class 19, depending on whether they are made of metal or not made of metal. “Clean chambers [sanitary installations]” (Basic No. 110325) Clean chambers were included in the Alphabetical List because the classification of these items was not clear. On the one hand, a clean chamber could be considered a structure within a structure and classification could be in either Class 6 or Class 19, depending on the material composition. However, the Preparatory Working Group and the Committee of Experts found that the purpose of this item in pro­ viding a clean environment was so significant in defining the nature of the good that Class 11 was the most appropriate class for it. The systems used to provide this clean environment—​ventilating, drying, and sanitation—​drove the classification of the item into Class 11, rather than into the building material classes.

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International Trademark Classification

Lava rocks The inclusion of “lava rocks for use in barbecue grills” (Basic No. 110326) in Class 11 resolves a problematic classification area. Many rock products are classified in Class 19 because rocks are a basic non-​metallic building material. However, the purpose and use of lava rocks in barbecue grills requires that they be classified in Class 11, with barbecue grills themselves, rather than in Class 19 with non-​ metallic building materials. They are an integral part of the barbecue grill and are properly classified with the grills themselves, in the same class. “Solar thermal collectors [heating]” (Basic No. 110269) This language refined the entry in prior editions of the Alphabetical List that read “solar collectors [heating]” to make it clear that these collectors are for thermal purposes and to provide heat. There had been confusion between this item and the “photovoltaic cells” (Basic No. 090531) that are classified in Class 9. However, the Class 9 item is for the collection of electric energy, which puts it properly in Class 9, whereas the Class 11 item is for heating purposes, making it an appropri­ ate entry in Class 11.

d. significant changes or additions effected in  the eleventh edition of the nice agreement 2017 There were very few changes to Class 11 in the eleventh edition of the Nice Agreement. The most significant change was the transfer of “socks, electrically heated” (Basic No. 110345) from Class 9 to Class 11, and this was discussed above. Other than that, there was some language modernization, deletion of some obsolete items, and the addition of some interesting new items such as “tortilla presses, elec­ tric” (Basic No. 110338) and “chocolate fountains, electric” (Basic No. 110341).

051 

CLASS 12 OFFICIAL TEXT Class Heading Vehicles; apparatus for locomotion by land, air or water. Explanatory Note This Class includes, in particular: • motors and engines for land vehicles; • couplings and transmission components for land vehicles; • air cushion vehicles. This Class does not include, in particular: • certain special vehicles not for transportation purposes (consult the Alphabetical List of Goods); • certain parts of vehicles (consult the Alphabetical List of Goods); • railway material of metal (Cl. 6); • motors, engines, couplings and transmission components other than for land vehicles (Cl. 7); • parts of motors and engines (of all kinds) (Cl. 7).

Interpretation a. class heading This class covers many items, but the common element is easily defined. In fact, the Class Heading for Class 12 is one of the shortest in the system: “Vehicles; apparatus for locomotion by land, air or water.” Class 12 covers all items related to the transport of people, animals, or things.

vehicles; apparatus for locomotion by land, air or water The entire Class Heading for Class 12 can be discussed in one section because all of the language relates to modes of transport. The most significant clarification necessary for describing this class is to highlight that the purpose of items in this class must be to carry or transport something, be it animate or inanimate, from one place to another. In other words, if the primary purpose of a piece of moving apparatus is to perform a task other than carrying people or things from place to

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International Trademark Classification

place, such as “road sweeping machine, self-​propelled” (Basic No. 070034) that is in Class 7, it is not classified in Class 12. Likewise, if a piece of apparatus is capa­ ble of movement, but is used as a piece of furniture or other stationary item, such as a “tea cart” (Basic No. 200082) (Cl. 20), it is not classified in Class 12. Other than these few exceptions, all vehicles, from “parachutes” (Basic No. 120113) to “strollers” (Basic No. 120163), and from “cable cars” (Basic No. 120190) to “cais­ sons [vehicles]” (Basic No. 120052), are classified in Class 12. Close attention must be paid to the distinction set forth in the explanation of Class 7 that provides that motors and engines for land vehicles be in Class 12, whereas the individual parts for motors and engines are classified in Class 7. Generally, items that are integral to, or specially designed for use in or with, transport vehicles are classified in Class 12. This includes items such as “stroller covers” (Basic No. 120164), “panniers adapted for bicycles” (Basic No. 120254) “repair outfits for inner tubes” (Basic No. 120008), and “safety seats for children, for vehicles” (Basic No. 120112).

b. explanatory note This Class includes, in particular: •  motors and engines for land vehicles “Motors and engines for land vehicles” (Basic No. 120130)  are classified in Class 12, while “motors and engines other than for land vehicles” (Basic No. 070433) and including those for other locomotion apparatus, as well as parts for all motors and engines, are classified in Class 7. This Class includes, in particular: •  couplings and transmission components for land vehicles To avoid confusion, this Explanatory Note makes it clear that “couplings for land vehicles” (Basic No. 120003) and “transmissions for land vehicles” (No. 120142) are included in Class 12, not in Class 7. “Couplings, other than for land vehicles” (Basic No. 070385), “transmissions other than for land vehicles” (Basic No. 070253), and “transmissions for machines” (Basic No. 070369) are classified in Class 7. This Class includes, in particular: •  air cushion vehicles This specific inclusion probably was added because “air cushion vehicles” (Basic No. 120237) cannot truly be called a land vehicle and, while they ride on a cush­ ion of air and may move over water, they cannot truly be considered an air or water vehicle. Thus, to assure their proper classification in Class 12, this specific inclusion is listed in the Explanatory Note. However, the note does not indicate whether an air cushion vehicle is considered a land vehicle or an apparatus for locomotion in another medium, such as water, or even air. This important distinc­ tion is not clear in the Alphabetical List and it can cause classification problems.

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Class 12

107

While the vehicle itself, whether it is considered to move on land, air, or water is in Class 12, many parts and components are classified based on whether they are used in a land vehicle or another type of vehicle. This Class does not include, in particular: •  certain special vehicles not for transportation purposes (consult the Alphabetical List of Goods)   certain parts of vehicles (consult the Alphabetical List of Goods) • The Explanatory Note makes it clear that certain parts of various types of vehi­ cles, as well as certain specialized vehicles themselves, are not classified in Class 12. Reference to the Alphabetical List is necessary to be sure that such parts are classified properly. This Class does not include, in particular: •  railway material of metal (Cl. 6) This exclusion was discussed in the section concerning Class 6; however, it is reiterated here. As stated in Class 6, “railway material of metal” (Basic No. 060089) is classified with other metal products. This makes sense because, although railway tracks are integral to the ability of a train to travel, they are not a structural com­ ponent of the train itself. To classify railway tracks in Class 12 would be analo­ gous to classifying roads in Class 12, and that classification is clearly inappropriate. This Explanatory Note makes it clear that railroad tracks are not classified in Class 12 with other locomotive apparatus. This Class does not include, in particular: •  motors, engines, couplings and transmission components other than for land vehicles   parts of motors and engines (of all kinds) (Cl. 7) • See previous discussions for an explanation of this specific exclusion.

c. supplemental commentary Specific vehicle parts classified in classes other than Class 12 There are some specific parts of vehicles that are not included in Class 12, as noted in the Explanatory Note for the class. These include “automobile carpets” (Basic No. 270010), which are classified in Class 27, and “automobile lights” (Basic No. 110256) and “anti-​glare devices for vehicles [lamp fittings]” (Basic No. 110249), which are classified in Class 11. Note that, of the vehicle-​related items that are classified in classes other than Class 12, none is integral to the functioning of the vehicle. Although there are some goods included in Class 12 that are similarly not crucial to the functioning of a vehicle, these items are in Class 12 because they would not clearly be classified in another class. Therefore, Class 12 emerges as the

081

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International Trademark Classification

most appropriate place for the classification of these goods. For example, “vehi­ cle seats” (Basic No. 120177) would not be appropriately classified in Class 20 as “furniture.” Class 12 is the only other class to which these items could be assigned because they are a permanent and integral part of the vehicle. Conversely, items such as “automobile carpets” (Basic No. 270010) are classified in Class 27, as floor coverings, so there is no need to include them in Class 12. Glass for vehicle windows versus windows for vehicles There has been some confusion between “glass for vehicle windows [semi-​finished product]” (Basic No. 210231) in Class 21 and “windows for vehicles” (Basic No. 120198) in Class 12. Glass for vehicle windows is a type of semi-​worked glass. It may be specially formulated to resist glare and to withstand impact, but, in effect, it is a sheet of glass that must be further processed before being used in its final form. Windows for vehicles, however, are the finished product. They have been shaped and fitted for use in vehicles. There is a clear distinction between these goods that dictates their classification in two different classes. “Remote control vehicles, other than toys” (Basic No. 120257) This item is set forth in Class 12 because many remote control vehicles are toys that are classified in Class 28 with “scale model vehicles” (Basic No. 280091). The remote control vehicles included in Class 12 are full-​sized vehicles that perform a task, often in an environment that would be dangerous for human beings. Because they perform the primary function of a Class 12 vehicle, that is, providing transport, this entry clarifies that this is the proper class for these goods even though there is no human being on board or driving the vehicles. Note that “military drones” (Basic No. 120273) and “civilian drones” (Basic No. 120275) were added to the Alphabetical List in the eleventh edition of the Nice Agreement. “Push scooters [vehicles]” (Basic No. 120258) Owing to the introduction and popularity of scooters for use as a valid form of transport and not merely a toy, this entry was accepted into the ninth edition of the Nice Agreement. The product is more durable than toy scooters are and it has features that make it suitable for transporting adults from one place to another. To prevent this type of scooter from being misclassified in Class 28 as a “scooter [toy]” (Basic No. 280115), which previously was the only entry for scooters in the Alphabetical List, the item “push scooters [vehicles]” (Basic No. 120258) was presented and accepted for inclusion in the ninth edition of the Alphabetical List.

0 19

Class 12

109

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 There were very few changes in Class 12 in the eleventh edition of the Nice Agreement. One focus of the additions, amendments, and deletions to the class was the introduction of parallel entries for US and British spelling of the terms “tyres” and “tires.” Previously, the practice was inconsistent. Some parallel entries existed, but many entries incorporated either the British or the US spelling of a term in square brackets within a single entry. There are now parallel entries for items that incorporate the terms “tyres” (British) and “tires” (US). Another area of focus was breaking down entries for parts and accessories for “cycles” into parallel entries for motorcycles and bicycles. For example, there are now entries for “bicycle kickstands” (Basic No. 120046) and “motorcycle kick­ stands” (Basic No. 120097). Entries for parts or accessories for cycles are virtu­ ally eliminated from the Alphabetical List. Those entries have been replaced with parallel entries for those items for bicycles and motorcycles.

10

CLASS 13 OFFICIAL TEXT Class Heading Firearms; ammunition and projectiles; explosives; fireworks. Explanatory Note Class 13 includes mainly firearms and pyrotechnical products. This Class does not include, in particular: • matches (Cl. 34).

Interpretation a. class heading This is a well-​defined class with few anomalies; however, a few specific comments should be made. The items classified in Class 13 are powered by an incendiary, propellant, or explosive force; items should not be classified in Class 13 simply because they are weapons. “Knives*” (Basic No. 080205)  can be weapons, but they are classified in Class 8. Likewise, bows and arrows are classified in Class 28, although they perform similar functions as guns and rifles do. Bows and arrows are not explosive devices and, therefore, are not classified in Class 13. The term weapon is used in Class 13 to distinguish items belonging in this class from similar items that may be classified elsewhere, such as “harpoon guns [weapons]” (Basic No. 130069) in Class 13 and “harpoon guns [sports articles]” (Basic No. 280071) in Class 28. The difference between the weapon form and non-​weapon form of har­ poon guns is significant enough to warrant their classification in different classes.

firearms The item “firearms” (Basic No. 130009)  includes all types of guns and rifles, whether for military or sport use. It should be noted that firearms used for

 1

Class 13

111

hunting or marksmanship are classified in Class 13, rather than Class 28 with other sporting materials. Firearms for hunting or marksmanship are basically the same as firearms for other uses and are properly classified in Class 13. Splitting this particular item between Class 13 and Class 28 depending upon the differ­ ence in uses is unnecessary because Class 13 itself is a very specialized class. Items classified in Class 13 should be classified only in this class unless the very nature of the item changes if it is not used as weaponry, as in the harpoon gun example discussed above.

ammunition and projectiles The item “ammunition for firearms” (Basic No. 130042)  is also classified in Class 13. Ammunition usually has an explosive property in and of itself. Its use with firearms further validates the classification of ammunition in Class 13. “Projectiles [weapons]” (Basic No. 130052) also are used with firearms in the same manner as ammunition, except projectiles do not possess their own explo­ sive force. There is often an explosive source that forces the projectile out of the firearm or other launcher, but it is separate from the projectile. However, the projectile is so integral to the functioning of the firearm that it is classified with the firearms in Class 13.

explosives In keeping with the “explosive” nature of Class 13 goods, “explosives” (Basic No. 130034) of all kinds are classified in Class 13. This includes explosives for military, industrial, or sporting purposes. Also, goods related to explosives, without which explosives could not function, are classified in Class 13, such as “fuses for explo­ sives” (Basic No. 130060), “firing lanyards for explosives” (Basic No. 130062), and “detonating plugs” (Basic No. 130018). It should also be noted that “fog signals, explosive” (Basic No. 130064) are clas­ sified in Class 13. This is a warning or safety device that easily could be classified in Class 9; but, because it is explosive in nature, it is classified in Class 13 with other explosives.

fireworks There is not much to explain concerning the inclusion of “fireworks” (Basic No. 130013) in this class. They are incendiary and explosive and, thus, easily meet the criteria for this class. There is no other class appropriate for these goods.

12

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International Trademark Classification

b. explanatory note Class 13 includes mainly firearms and pyrotechnical products. This Class does not include, in particular: •  matches (Cl. 34) The only specific exclusion in Class 13 is “matches” (Basic No. 340001). Although this item is similar to others included in the class in that it is incendiary and, to a degree, explosive, its use and association with smokers’ articles justifies its clas­ sification in Class 34 with other smokers’ articles.

c. supplemental commentary Items related to firearms and explosives Many items that are related to the goods classified in Class 13 also are classified as items related to firearms and explosives because they generally consist of highly specialized or adapted accessories. For example, “shoulder straps for weapons” (Basic No. 130063), “cleaning brushes for firearms” (Basic No. 130010), and “sights, other than telescopic sights, for firearms” (Basic No. 130058) all are clas­ sified in Class 13. Note that the item “sighting telescopes for firearms” (Basic No. 090509) is classified in Class 9, owing to the telescopic characteristic that is related to other optical apparatus in Class 9. Sprays for personal defense purposes The item “sprays for personal defense purposes” is included in Class 13 because it uses a propellant force to accomplish its purpose. This type of spray could have been classified in Class 1, since the significant protective element is a spray that is composed of chemicals that sting the eyes of an attacker or incapacitate the attacker in some other way. The fact that the product is propelled out of its con­ tainer could have been disregarded, and classification could have been controlled by the content of the container. However, by comparing these sprays to “tear-​gas weapons” (Basic No. 130008)  that function in a similar way, the Preparatory Working Group and the Committee of Experts accepted these goods in Class 13, thereby avoiding misclassification of the item in Class 1. It should be noted that “aggressor repellent chemicals” were deleted from Class 1 in the ninth edi­ tion. With the inclusion of “sprays for personal defense purposes” (Basic No. 130073) in Class 13, the aggressor chemicals in Class 1 created an inconsistency in the classification of these similar items, and, therefore, were deleted.

1 3

CLASS 14 OFFICIAL TEXT Class Heading 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), or porcelain, 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);

14

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International Trademark Classification

Interpretation a. class heading Class 14 went through the most extensive revision of all of the classes in the ninth edition of the Nice Agreement. Although the Nice Agreement is now in its elev­ enth edition, the changes that took place in the ninth edition regarding the clas­ sification of goods made of precious metal, bear repeating due to the far-​reaching impact on the classification of certain goods under the Nice Agreement. Basically, the change announced that items are classified in Class 14 when made of precious metal but are classified in other classes according to their function when not made of precious metal, should be classified in those other functional classes even when made of precious metal. This decision eliminated much of the confusion in this class that had been caused by some goods being listed in Class 14 when made of precious metal and in other classes when not made of precious metal, and of other goods that were only classified in the class of their function, without refer­ ence to any particular material composition. This prior arrangement resulted in those goods made of precious metal not being classified in Class 14. For example, nutcrackers made of precious metal were classified in Class 14 but in Class 8 when not made of precious metal. (Note that nutcrackers are in Class 21 in the eleventh edition of the Nice Agreement, without reference to their material composition.) However, picture frames, regardless of what they were made from, were classified only in Class 20, even though it is not uncommon for picture frames to be made of precious metal, particularly when designed to hold a photograph of a special event, such as a birth or wedding. The question arose, again and again, as to why a certain good was classified either in the class of its function or in Class 14 if made of precious metal, but another good was classified exclusively in the class of its function, regardless of its material composition. The revised approach to this area, of classifying goods according to their function, should eliminate most, if not all, of the confusion.

precious metals and their alloys Precious metals and their alloys control much of what is classified in Class 14. Known as the jewelry class, the Class Heading reasonably starts with the inclu­ sion of the material from which most fine jewelry is made. Jewelry not made from precious metals and their alloys is also classified in Class 14, but the classic material for making jewelry is a natural part of this class.

jewellery, precious AND SEMI-PRECIOUS stones The application of the Class Heading “jewellery, precious and semi-​precious stones” is perhaps the easiest in the class. All “jewelry” (Basic No. 140050),

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whether made of precious metal and precious stones or other materials, is clas­ sified in Class 14. This includes everything from fine gold jewelry to costume jewelry, to jewelry made of leather to jewelry made from other uncommon mater­ ials. If the item is considered a personal adornment of a jewelry-​t ype nature, it is classified in Class 14. “Precious stones” (Basic No. 140074) and “semi-​precious stones” (Basic No. 140073) are classified in Class 14. It is clear that precious stones and semi-​ precious stones mounted in jewelry settings are included in this class. However, unfinished or unmounted precious stones also are classified in Class 14. It would be possible for such stones, particularly semi-​precious stones to be classified in Class 20 with “yellow amber” (Basic No. 200005), “mother-​of-​ pearl, unworked or semi-​worked” (Basic No. 200153), “ivory, unworked or semi-​worked” (Basic No. 200131), and “coral” (Basic No. 200071): all of these items are used in making jewelry but are not classified in Class 14 in their unfinished state. Because precious stones and semi-​precious stones are clas­ sified in Class 14 only, whether mounted or unmounted, finished or unfin­ ished, these goods have been expressly included in the Class Heading to avoid misclassification.

horological and chronometric instruments This entry is also a fairly easy one to apply and understand. All “clocks” (Basic No. 140011) and “watches” (Basic No. 140057) are classified in Class 14. Even “sundials” (Basic No. 140022) are included in this class, as are grandfather clocks and mantle clocks. Also, watch components, such as “watch bands” (Basic No. 140017), and “watch cases [parts of watches]” (Basic No. 140144) are classified in this class. The only area of controversy that has arisen from this Class Heading entry concerns the classification of “stopwatches” (Basic No. 140164). Specifically, the question is whether stopwatches are to be considered “chronometric instruments” (Basic No. 140030)  in Class 14 or time-​measuring or “time recording apparatus” (Basic No. 090478)  in Class 9.  However, stopwatches are classified in Class 14, based on the language of this entry in the Class Heading. Although this terminology covers a wide spectrum of devices, it is more specific than the broader language of Class 9 that refers to “measuring … apparatus and instruments.” Even the inclusion of “time recording appar­ atus” in Class 9 in the Alphabetical List does not mandate the classification of stopwatches in Class 9 because the purpose of these devices is not to record time but rather to indicate elapsed time—​one of the main purposes of a watch classified in Class 14. Also, it should be noted that chronographs are included in the Alphabetical List with a clear distinction between those classified in Class 9 (“chronographs [time recording apparatus]” [Basic No. 090586]) and those classified in Class 14 (“chronographs [watches]” [Basic No. 140027]).

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International Trademark Classification

b. 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 The class includes, of course, “jewelry” (Basic No. 140050). This inclusion clearly covers imitation jewelry by including “paste jewellery [costume jewelry]” (Basic No. 140097) as a specific example of such imitation jewelry. Generally, there is no problem with the application of this principle. This was discussed at length above, since “jewellery” is an entry in the Class Heading. This Class includes, in particular: •  cuff links, tie pins, tie clips This Explanatory Note specifies that “cuff links” (Basic No. 140122), “tie pins” (Basic No. 140151), and “tie clips” (Basic No. 140033) are included in the class. These items could be misclassified in Class 26 as types of “fastenings for clothing” (Basic No. 260010). However, this note makes it clear that they are to be treated as articles of personal adornment, in the same sense as jewelry. This Class includes, in particular: • key rings, key chains and charms therefor; • jewellery  charms These two specific inclusions were added to the Nice Agreement in the eleventh edition. “Key rings” and “key chains” (both under Basic No. 140162) have been specified in the Alphabetical List of the eleventh edition with the addition of the bracketed language “[split rings with trinket or decorative fob].” Thus, the charms that comprise the trinket or decorative fob are also in Class 14. Note that “split rings of precious metal for keys” (Basic No. 140172) are in Class 14, whereas “split rings of common metal for keys” (Basic No. 060221) are in Class 6. “Jewelry charms” (Basic No. 140018) do not present a classification issue, but it should be noted that “charms other than for jewelry, key rings or key chains” (Basic No. 260133) are in Class 26, and this is set forth in a specific exclusion from Class 4. This Class includes, in particular: •  jewellery boxes The specific inclusion was added in the eleventh edition of the Nice Agreement. This addition makes it clear that jewelry boxes, as well as other jewelry holders or containers, are in Class 14 rather than Class 20, as a household container. They are usually specially adapted for holding jewelry with specially constructed compartments or slotting for keeping jewelry in place. Note that the entries in

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the Alphabetical List for “jewellery cases [caskets or boxes]” and “jewelry cases [caskets or boxes]” (Basic No. 140166 for both entries) have been changed to read “jewellery boxes” and “jewelry boxes,” respectively, with the bracketed phrase “caskets or boxes” deleted from the entries. This Class includes, in particular: •  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 Added in the eleventh edition of the Nice Agreement, this specific inclusion clears up any ambiguity that may exist concerning the components of jewellery, clocks, and watches. Individually, these components could be classified in classes other than Class 14. For example, watch springs that are metal could be in Class 6, as a piece of metal hardware. However, “watch springs” (Basic No. 140058) are spe­ cially adapted for use in watches only and, like other components that are specially adapted to the items in which they are used, should be classified in the class of the finished item. This Class does not include, in particular: •  smartwatches (Cl. 9) Introducing “smartwatches” (Basic No. 090749) as a specific exclusion from Class 14 in the eleventh edition of the Nice Agreement was an important add­ition. “Smart rings” (Basic No. 090767) were also added in Class 9. These entries make it clear that all items that have an information-​technology characteristic that gives them a unique function and differentiates them from the items and their classifications that do not have an information-​technology characteristic are classified in Class 9 and not in the class of their non-​technological counterpart. This class does not include, in particular: •  charms, other than for jewellery, key rings or key chains (Cl. 26) See discussion above for the explanation of this exclusion. This Class does not include, in particular: •  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, terra-​cotta or glass (Cl. 21) This is an easily applied, and very important, exclusion from Class 14. In brief, objects of art that are made of precious metal are classified in Class 14, objects of art made of stone are in Class 19, objects of art made of non-​precious metal are included in Class 6, and so on. Generally, this distinction would apply to statues and statuettes; however, other types of art objects could be affected by this note, and the Alphabetical List applies this exception strictly and consistently.

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International Trademark Classification

This Class does not include, in particular: • 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) This note makes it clear that goods made of precious metal are classified in the class of their function or purpose, not in Class 14, simply because they are made of precious metal. Generally, this applies to goods that perform their function better when made of precious metal rather than common metal or some other material, or when their function is more important than the fact that they are made of pre­ cious metal. Of the examples given in the Explanatory Note, “dental amalgams of gold” (Basic No. 050230) (Cl. 5), “contacts, electric” (Basic No. 090148) (Cl. 9), and “nibs of gold” (Basic No. 160134) (Cl. 16) perform their function better when made of precious metal. And the function of “metals in powder form and metal foil for use in painting, decorating, printing and art” (Basic Nos. 0200090 and 020092) (Cl. 2), “cutlery*” (Basic No. 080078) (Cl. 8), “teapots” (Basic No. 210222) (Cl. 21), “gold and silver embroidery” (Basic Nos. 260094 and 260093) (Cl. 26), and cigar boxes (or “cigar cases” [Basic No. 340015] [Cl. 34] as they are set forth in the Alphabetical List) is a more important factor in determining the classification of these items than that they may be made of precious metal. The examples in this specific exclusion represent just a few of the items that are classi­ fied based on their function. The Alphabetical List should be consulted whenever a question arises as to whether an item is classified in Class 14 when made of pre­ cious metal or whether it is classified in the class of its function, even though the item is made of precious metal.

c.  supplemental commentary Religious items “Misbaha [prayer beads]” (Basic No. 140175) is a string of beads used by Muslims to keep track of counting prayers. Similarly, “chaplets” (Basic No. 140178) and “rosaries” (Basic No. 140178) are beads that are used in the course of saying prayers in the Christian religion. Before the eleventh edition of the Nice Agreement, chap­ lets and rosaries were classified in Class 16, the class for books and other paper products, because they were seen as analogous to books of prayer. However, this was never a comfortable classification for these items because, in fact, they were strings of beads and were more appropriately classified in Class 14. They were not “read” as a book is read; rather they were used to keep track of memorized prayers. Because there is no unique class for religious items, they are best classified in the class of their main constituent, namely, beads. The introduction of the misbaha

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119

in the eleventh edition of the Nice Agreement is in keeping with the transfer of rosaries and chaplets to Class 14.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Jewellery/​jewelry One focus of the additions, amendments, and deletions in Class 14 was the intro­ duction of parallel entries for US and British spelling of the terms “jewellery” (British) and “jewelry” (US). Previously, the practice was inconsistent. Some par­ allel entries existed but many entries incorporated either the British or US spelling of a term in square brackets within a single entry, or, in some cases both the British and UK spellings in square brackets to specify the nature of the main language of the entry as in “ivory [jewellery, jewelry (Am.)]”. That entry is now broken into two entries that read, “ivory jewellery” (Basic No. 140046) and “ivory jewelry” (Basic No. 140046). There are now many parallel entries in Class 14 for items that incorporate the terms jewellery and jewelry. It should be noted, however, that in the Class Heading and Explanatory Note, only the British spelling, jewellery, is used.

201

CLASS 15 OFFICIAL TEXT Class Heading Musical instruments. Explanatory Note This Class includes, in particular: • mechanical pianos and their accessories; • musical boxes; • electrical and electronic musical instruments. This Class does not include, in particular: • apparatus for the recording, transmission, amplification, modification and reproduction of sound (Cl. 9).

Interpretation a. class heading Typically, Class 15 is a small class. There are very few, highly specialized producers of musical instruments. However, the goods in this class are unique and cannot be classified in any other class. Therefore, this small, discrete class is a significant part of the Nice Agreement.

musical instruments “Musical instruments” (Basic No. 150025) are easily classified in this single class. Closely related accessories and specially adapted equipment for use with musical instruments, such as “cases for musical instruments” (Basic No. 150035), “mutes for musical instruments” (Basic No. 150065), and “conductors’ batons” (Basic No. 150009) are included in this class as well. Most of the problem areas concerning this class are addressed in the Explanatory Note. There are virtually no exceptions to the inclusion of all types of musical instruments in this class, from the simplest, such as “oca­ rinas” (Basic No. 150056)  and “harmonicas” (Basic No. 150014), to the grandest and most complex, such as “pianos” (Basic No. 150008) and “organs”

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(Basic No. 150057). With few exceptions, anything that makes music is clas­ sified in Class 15. Integral and structural parts of musical instruments also are included in this class. “Strings, reeds, and pegs for musical instruments” (Basic Nos. 150028, 150003, and 150021) are included in Class 15, as are the related accessories and specially adapted equipment indicated above.

b. explanatory note This Class includes, in particular: •  mechanical pianos and their accessories This specific inclusion makes it clear that mechanical player pianos are included in Class 15. It is possible that these items rationally could be included in Class 7, as machines; however, a mechanical piano’s primary purpose is to make music. Therefore, it is reasonably classified in Class 15. Accessories for this instrument, such as “music rolls [piano]” (Basic No. 150078), are also classified in Class 15, rather than in Class 16, the paper products class. Note, however, “printed sheet music” (Basic No. 160374) is classified in Class 16 because it does not create music itself; sheet music is read by the performer and its instructions are translated by that performer into music. This Class includes, in particular: •  musical boxes This specific inclusion can present some problems. It is set forth in the Explanatory Note to avoid the possibility of “musical boxes” (Basic No. 150052), like mechan­ ical pianos, being misclassified in Class 7 as a machine, or even in Class 28 as an object of amusement or leisure-​time enjoyment. Because musical boxes produce music, they are properly classified in Class 15. The difficulty with this item arises when a musical box element is included in another product, such as a toy or figurine. The Class Heading, Explanatory Note, and Alphabetical List do not offer assistance in resolving this problem. It is possible to classify any item that contains a musical box element in Class 15, but it also would be reasonable to classify such an item elsewhere, if the musical elem­ ent is considered a minor or secondary purpose of the overall item. It is unclear, however, which of these possible solutions is proper under the Nice Agreement. This Class includes, in particular: •  electrical and electronic musical instruments This specific inclusion presents some difficulty as to what may be considered an “electronic musical instrument” (Basic No. 150044). Many of these items include a significant computer or electric circuitry or power element. Electronic instru­ ments that generate sound and music, such as “synthesizers” (Basic No. 150087), are classified in Class 15, even though there is a significant computer element to

21

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International Trademark Classification

this device. Its main function is to produce sound and music. Similarly, electric pianos, guitars, and organs are classified in Class 15. Classifying these goods in Class 9 serves no beneficial purpose because they are instruments for creating music and should be grouped with other similar goods. (See specific exclusion below concerning Class 9 apparatus.) It should be noted that an electronic apparatus that enhances the sound pro­ duced by these or any other musical instrument, such as “amplifiers” (Basic No. 090037), is classified in Class 9. These items do not in and of themselves make music, and therefore, they should not be classified in Class 15. (See exclusion below for additional information in this area.) This Class does not include, in particular: •  apparatus for the recording, transmission, amplification, modification and reproduction of sound (Cl. 9) This specific exclusion, read together with the specific inclusion above concerning electrical and electronic musical instruments, clarifies the problem that arises in this area. A distinction must be drawn between a device that creates music and apparatus that records, transmits, amplifies, modifies, or reproduces sound. It is reasonable that the former good is classified in Class 15, whereas the latter is clas­ sified in Class 9. For example, a device that manipulates sound once it has been produced, such as a sound sequencer, is properly classified in Class 9 because it is a type of “sound reproduction apparatus” (Basic No. 090452). However, the distinction becomes more difficult to identify as the line between sound producers and sound manipu­ lators becomes more blurred. Descriptions of these problematic goods require specificity with respect to whether the emphasis of the device is its sound produc­ tion characteristic (C1. 15) or its sound manipulation aspect (C1. 9).

c. supplemental commentary Music stands “Stands for musical instruments” (Basic No. 150088)  are classified in Class 15 because they are specially adapted accessories for use with musical instruments. “Music stands” (Basic No. 150080), that is, stands for holding sheet music also are in Class 15 because they are accessories used while playing musical instruments. As indicated above, the “printed sheet music” (Basic No. 160374) itself is classified in Class 16 as printed matter. Because these stands for musical instruments and stands for holding printed sheet music are both referred to as “music stands,” the precise nature of the stand, whether for musical instruments or sheet music, may be required in a trademark application in a particular national office.

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Bells Oddly enough, “bells*” (Basic No. 060241) are classified in Class 6 as a metal item. Clearly, they produce a sound. However, perhaps because a single bell only produces a single sound, it is not considered a musical instrument. The entry in Class 6 includes an asterisk that indicates that there are bells in classes other than Class 6. And, indeed, “carillons [musical instruments]” (Basic No. 150017) are classified in Class 15. A carillon is a set of tuned bells that are controlled by a key­ board, so it likely is presumed that a collection of bells of this type is intended to produce music. Also, the eighth edition of the Nice Agreement introduced “hand­ bells [musical instruments]” (Basic No. 150086) as being classified in Class 15, presumably to settle this area of confusion. Now it is clear that bells that are used to produce music are classified in Class 15. Other bells are still classified in Class 6, but handbells have been added to the Alphabetical List as a specialized kind of bell that is classified in a class other than Class 6. Music synthesizers Although “music synthesizers” (Basic No. 150087) are electronic apparatus that rely heavily on computerization, they are not merely apparatus for the recording, transmission, amplification, modification, and reproduction of sound. They are capable of producing music itself. The item is included in the Alphabetical List to assure that this musical instrument is properly classified in Class 15, and is not excluded from the class based on the specific exclusion that refers to an apparatus for the recording, transmission, amplification, modification, and reproduction of sound being classified in Class 9.

214

CLASS 16 OFFICIAL TEXT Class Heading Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; 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);

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• 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).

Interpretation a. class heading One of the largest classes in the Nice Classification system is Class 16. The class covers a wide range of goods, including common consumer goods that are pro­ duced by many manufacturers in the paper and printed products industry.

paper and cardboard “Paper and cardboard” are not difficult designations to apply when classi­ fying goods. However, there are some goods that could be included under this wording that are not in Class 16. Examples of paper goods classified in classes other than Class 16 include, “asbestos paper” in Class 17 (Basic No. 170071), “paper clothing” in Class 25 (Basic No. 250122), “paper for mustard plasters” (Basic No. 050237) in Class 5, and “paper plates” (Basic No. 210173) in Class 21. It should be noted that these paper products either are highly specialized or paper replacements for items traditionally made from other materials. Because these specialized paper prod­ ucts are classified in classes other than Class 16, the Alphabetical List should be consulted if there is any question that goods made of paper or cardboard are in Class 16. Fortunately, this dichotomy does not occur with great frequency and, largely, paper and cardboard goods usually are correctly classified in Class 16.

printed matter Despite that this simple language covers a very broad range of goods, its appli­ cation in classification is very clear. All printed materials that function as goods in trade, as defined by national laws, are classified in Class 16. “Books” (Basic No. 160095), “greeting cards” (Basic No. 160250), “catalogues” (Basic No. 160080), “forms, printed” (Basic No.160158), “magazines [periodicals]” (Basic No. 160243), and “newspapers” (Basic No. 160032) are classified in Class 16. This is, perhaps, the easiest entry in the Class Heading to understand and apply. The line between the paper goods covered by the first entry of the Class

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Heading and this entry, “printed matter” (Basic No. 160175), may often blur, but because both are classified in Class 16, the lack of precision, while it may be needed to clarify and understand the nature of the goods, does not have an impact on classification.

bookbinding material The item “bookbinding material” (Basic No. 160236) requires some explanation. This broad terminology does not include machines used in the industrial book­ binding process, which are included in Class 7 under the entry “bookbinding apparatus and machines for industrial purposes” (Basic No. 070327). However, “bookbinding apparatus and machines [office equipment]” (Basic No. 160330) is in Class 16, both in the Alphabetical List and, here, in the Class Heading. The justification for this inclusion is twofold. First, the inclusion in Class 16 of office machines and apparatus used in the bookbinding process would be consid­ ered to be within the language of the Class Heading “bookbinding material.” When used in an office environment, they also are considered “office requi­ sites,” which are specifically listed in the Class Heading for Class 16 and are discussed below in further detail. This characterization of bookbinding appara­ tus and machines as office requisites further justifies the inclusion of these goods in Class 16. Second, a wide range of items that could be classified in other classes, if not used for bookbinding purposes, are included in Class 16, such as “binding strips [bookbinding]” (Basic No. 160205), “bookbinding cloth” (Basic No. 160238), and “bookbinding cords” (Basic No. 160239). If the name of an item creates ambiguity, it should be specified clearly that the good is for use in bookbinding and, therefore, is properly classified in Class 16.

photographs “Photographs [printed]” (Basic No. 160147) do not create any particular prob­ lems. However, the term refers to the finished product of the photographic pro­ cess, that is, the picture produced on paper. The items that lead to this result are classified elsewhere. For example, “sensitized films, unexposed” (Basic No. 010581) and “sensitized paper” (Basic No. 010418) are classified in Class 1, and “films, exposed” (Basic No. 090515) and “slides [photography]” (Basic No. 090185) are classified in Class 9. The item described as “photographs” is specifically set forth in the Class Heading to avoid its misclassification as Class 1 or Class 9.

stationery and office requisites, except furniture The item in the Class Heading, “stationery” (Basic No. 160209) is not a difficult item to define in the Class Heading. It includes writing paper and envelopes.

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However, the next phrase, “office requisites, except furniture,” covers a wide range of materials and apparatus used in offices. First, materials used in the writing or typing process, such as “pens [office requisites]” (Basic No. 160242), “pencils” (Basic No. 160031), and “ink*” (Basic No. 160142) are included in that phrase. Concerning the item “ink,” it should be noted that the ink classified in Class 16 relates only to ink used for writing or used in office-​related printing machines that usually are used to produce low-​volume or single copies, such as “typewriters, electric or non-​electric” (Basic No. 160132), which are classified in Class 16. Note that only “inking ribbons for computer printers” (Basic No. 160326) are classified in Class 16, whereas “ink [toner] for photocopiers” (Basic No. 020121) is included in Class 2 and the “toner cartridge, unfilled, for printers and photocopiers” (Basic No. 090720), is in Class 9 because it is a part of the computer printer. Additionally, inks used in the printing indus­ try and toners used in high-​volume producing printing apparatus are classified in Class 2, notwithstanding that the machines used in the printing industry are classified in Class 7, and the computer-​printing apparatus are classified in Class 9. The two types of ink described above are quite different, the first type being easily defined as stationery or office requisites, properly classified in Class 16, and the second type being reasonably included with other colorants of a more high-​ volume or industrial nature, correctly classified in Class 2. The second phrase in this Class Heading, “office requisites, except furniture,” covers a very wide range of products. Typewriters, electric or non-​electric” (Basic No. 160132) are a prime example of an office requisite that is in Class 16, and its inclusion opens the way for other types of office-​related machines to be classified in Class 16. However, it is difficult to draw a distinction between those office machines and apparatus that are classified properly in Class 16, and those that are rightly classified in either Class 7 or Class 9. For example, “addressing machines” (Basic No. 160005), “paper cutters [office requisites]” (Basic No. 160291), “duplicators” (Basic No. 160128), and “mimeograph apparatus and machines” (Basic No. 160230) are classified in Class 16, whereas “printing machines” (Basic No. 070218) and “cutting machines” (Basic No. 070146) are included in Class 7, and “photocopiers [photographic, electrostatic, thermic]” (Basic No. 090154) are classified in Class 9. The distinction between the appara­ tus belonging in Class 7 and those included in Class 16 lies in the actual use of the devices. If the use is industrial or high-​volume, the item is classified in Class 7. However, if the application of the item is limited to use in an office, on a smaller scale than the items in Class 7, the apparatus is appropriately classified in Class 16 as an office requisite. Thus, “cutters [machines]” (Basic No. 070123) are in Class 7, whereas “paper cutters [office requisites]” (Basic No. 160291) are in Class 16. The language in square brackets helps clarify the distinction. Office-​related equipment that is classified in Class 9 includes those apparatus that perform their functions by means of technologies that are uniquely classified in Class 9. A computer component is integral to the functioning of a computer printer; therefore, “printers for use with computers*” (Basic No. 090618) are classified in

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Class 9, while typewriters, which may be electric but employ mechanical, not tech­ nological, means in order to function, are classified in Class 16. Likewise, photocopy machines use a photographic method to self-​generate duplicate images; therefore, photocopiers are classified in Class 9, whereas mimeograph machines, which use a stencil to generate duplicate images, are classified in Class 16, because they do not rely on a Class 9 technology for their performance. Although some Class 16 appar­atus possess an electrical nature, it is secondary to their use as office requisites. Hence, the classification of office equipment in Class 16 is controlled by its area of use and its functionality rather than the nature of the power source.

adhesives for stationery or household purposes As indicated in the previous discussion concerning adhesives that are classified in Class 1, and as stated in the Class Heading for Class 16, “adhesives [glues] for stationery or household purposes” (Basic No. 160265) are classified in Class 16. These adhesives, belonging in Class 16, are generally those used in connection with paper products that are used in the home or office. However, “adhesives for industrial purposes” (Basic No. 010002) are classified in Class 1. This division of adhesives, which are classified in either Class 1 or Class 16, was summarized in the Class 1 discussion.

artists’ AND DRAWING materials; paintbrushes The next two categories, namely “artists’ and drawing materials” and “paint­ brushes,” can be treated together because they are closely related. Goods used by artists almost exclusively are classified in Class 16, with the exception of the color products themselves, which are classified in Class 2, and items used by artists that are considered hand tools, which are classified in Class 8. Both of these exclusions are listed in the Explanatory Note for Class 16. Thus, any kind of paint used by artists would be classified in Class 2, and tools used by artists, such as “palette knives” (Basic No. 080013), “chisels (Basic No. 080159),” and “spatulas [hand tools] (Basic No. 080014),” would be classified in Class 8, even though used by artists. Drawing materials may be used by true artists or by individuals who enjoy creating art but are not considered “artists.” Some examples of “drawing mater­ ials” that are in the Alphabetical List include “pantographs [drawing instruments]” (Basic No. 160208), “drawing pens” (Basic No. 160185), and “drawing boards” (Basic No. 160123). The following items are considered “artists’ materials,” and are classified in Class 16: “artists’ watercolor saucers” (Basic No. 160166), “painters’ easels” (Basic No. 160087), and “modelling clay” (Basic No. 160026). Note that “modelling clay” refers to all substances used to form shapes, whether it is clay used by professional, or “serious,” artists to create works of art, or whether it is a modelling compound used by children. Children’s modelling clay should not be classified in Class 28 as a toy, because its use basically is for the same activity as the modelling mater­ ials specified in Class 16. Of course, “painters’ brushes” (Basic No. 160050) are

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considered artists’ materials and, when used for artistic purposes, are clearly clas­ sified in Class 16. However, not only are “artistic” paintbrushes classified in this class, but all paint applicators that take the form of brushes or perform the func­ tion of brushes, for example, “house painters’ rollers” (Basic No. 160215) also are classified in Class 16. These brushes should not be confused with brushes that generally are used for cleaning or personal grooming purposes, which are classified in Class 21. Other types of paint applicators are classified in the particular class appropriate to the nature of the item, for example, “spray guns for paint” (Basic No. 070298) are classified in Class 7, with other power-​driven machines. A final note concerning the artists’ materials in Class 16 relates to drawing apparatus. Items such as “squares for drawing” (Basic No. 160297), “compasses for drawing” (Basic No. 160096), and “drawing rulers” (Basic No. 160234) are classified in Class 16 because they are used to give shape to drawings. If these items are calibrated for measuring purposes, they must be classified in Class 9 as measuring devices (see “compasses for measuring” [Basic No. 090200] and “rulers [measuring instruments]” [Basic No. 090284] in the Alphabetical List).

instructional and teaching materials Another area of goods that sometimes is difficult to classify is “instructional and teaching materials.” The eleventh edition of the Nice Agreement deleted “(except apparatus)” from this Class Heading so it must be kept in mind that teaching apparatus generally are included in Class 9. Examples of specific entries in the Alphabetical List in Class 9 include “audiovisual teaching apparatus” (Basic No. 090061) and “resuscitation mannequins [teaching apparatus]” (Basic No. 090680). Most other teaching apparatus that are included in Class 9 are scientific in nature or require a physical interaction with the student that is accomplished by Class 9 technologies. The inclusion of instructional and teach­ ing material in Class 16 stems from the fact that “books” (Basic No. 160095), “charts” (Basic No. 160070), “writing materials” (Basic No. 160136), and other similar goods are classified in Class 16, regardless of their specification for edu­ cational purposes. However, the broad language of the Class Heading led to the inclusion in the class of items such as “histological sections for teaching purposes” (Basic No. 160106) and “terrestrial globes” (Basic No. 160165), both of which can be con­ sidered “instructional and teaching materials” in the broadest application of the phrase.

plastic sheets, films and bags for wrapping and packaging This next item in the Class Heading, “plastic sheets, films and bags for wrapping and packaging” creates classification problems with analogous goods that are clas­ sified in Classes 17 and 22. The operative word in the limitation placed on those

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goods classified in Class 16 is “wrapping and packaging.” The goods in Class 17, by contrast, are not for wrapping or packaging purposes but are rather for “packing” purposes. The goods in Class 22 are limited to sacks and bags that are not included in other classes, and this Class Heading clearly includes bags for wrapping and packaging in Class 16. However, an examination of some specific goods classified in each of the respective classes is necessary to clarify the differences. Packaging materials classified in Class 16 that are specified in the Alphabetical List, include “bags [envelopes, pouches] of paper or plastics, for packag­ ing” (Basic No. 160246), “plastic bubble packs for wrapping or packaging” (Basic No. 160285), and “plastic film for wrapping” (Basic No. 160218). Other types of bags are included in Class 16, such as “garbage bags of paper or of plastics” (Basic No. 160292) and “bags for microwave cooking” (Basic No. 160323). Items classified in Class 17 include “plastic film, other than for wrapping” (Basic No. 170072) and other packing goods that belong in Class 17 owing to their material composition (e.g., rubber or asbestos). The packing goods in Class 17 usually are used as cushioning or insulation mater­ ial and are not used as an outer wrapping, as are most of the packaging items found in Class 16. Similar to Class 17 items, some bags are included in Class 22 because of their material composition, for example, textile, as in “bags [envelopes, pouches] of textile, for packaging” (Basic No. 220069), or because they are used for the transport or storage of materials in bulk, as in the entry “sacks for the transport and storage of materials in bulk” (Basic No. 220068). The distinctions among the goods in these three classes are not difficult to identify. Bags and sheeting material classified in Class 16 are for external packaging of goods and usually are used in small-​scale settings, for example, in retail stores or for domestic use. Packing material classified in Class 17 is specifically limited to goods made from materials that are unique to Class 17 items, or to packing materials that are for cushioning or insulating. Sacks and bags included in Class 22 also are limited to goods made from materials that are specified by the class itself, or to bags that are for storage or transport purposes.

printers’ type, printing blocks “Printing type” (Basic No. 160065)  and “printing blocks” (Basic No. 160040)  are included in the Class Heading, owing to their close relation­ ship with printed matter, and to avoid misclassification with the printing machines that are classified in Class 7.  These goods also are classified in Class 16 because of their relationship to bookbinding material. Additionally, “printers’ blankets, not of textile” (Basic No. 160177) are classified in Class 16, owing to their material composition. When not made of paper, they are made of textile. “Printers’ blankets of textile” (Basic No. 240106) are classi­ fied in Class 24.

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Class 16

131

b. 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 It is clear why “paper knives [cutters] [office requisites]” and “paper cutters [office requisites]” (both under Basic No. 160291) are listed as a specific inclusion in Class 16. They easily and reasonably could be classified in Class 8 with other knives or in Class 7 with cutting machines, were it not for this note. However, because they are considered an office requisite, they are classified in Class 16, as confirmed by this specific inclusion. This Class includes, in particular: •  cases, covers and devices for holding or securing paper, for example, document files, money clips, holders for cheque books, paper-​clips, passport holders, scrapbooks The specific inclusion is based on the language in the General Remarks sec­ tion of the Nice Agreement that reads, “cases adapted to the product they are intended to contain are in principle classified in the same class as the product.” Thus, cases as well as covers and devices for holding or securing paper, are in Class 16 because paper, in general, is in Class 16. Some of these items, such as “holders for checkbooks [cheque books]” (Basic No. 160333) and “passport holders” (Basic No. 160340) are often made of leather or leather substitutes and could be included in Class 18, based on the Class Heading in that class for “leather and imitations of leather.” However, this specific inclusion in Class 16 makes it clear that cases, covers, and holders for paper products are included in Class 16, regardless of the material composition of the case, cover, or holder itself. This Class includes, in particular: •  certain office machines, for example, typewriters, duplicators, franking machines for office use, pencil sharpeners This concept was discussed above under the Class Heading for “office requis­ites, except furniture.” While machines of various types could be classified in Class 7 or Class 9 based on their area of use and means of functionality, those that are considered office machines are in Class 16. See the discussion concerning the clas­ sification distinctions among machines in Classes 7, 9, and 16 above.

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International Trademark Classification

This Class includes, in particular: • painting articles for use by artists and interior and exterior painters, for example, artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays The items in this specific inclusion were touched on above in the Class Heading section concerning artists’ and drawing materials. Here, however, the scope is lim­ ited and specified to painting articles. It is interesting that the specific inclusion makes it clear that these painting articles are in Class 16 whether they are used by artists or by interior and exterior painters. This specific inclusion is also important because it includes the concept that articles used with paints are not in Class 2 with the paints themselves. There is no apparatus or equipment in Class 2 but there could be an impulse to classify items used with paint in Class 2 with the paint. This specific inclusion makes it clear that articles used with paint are in Class 16, based on the Class Heading in Class 16, “artists’ and drawing materials.” This Class includes, in particular: • certain disposable paper products, for example, bibs, handkerchiefs and table linen of paper That a product is disposable is not a criteria for classification; however, that a product is made of paper is. This specific inclusion makes it clear that items that could be in Class 24, for example, “handkerchiefs of textile” (Basic No. 240078) and “table linen, not of paper” (Basic No. 240070), and Class 25, for example, “bibs, not of paper” (Basic No. 250128), are in Class 16 when made of paper. Most often, these paper items are disposable, so that adjective has been included in this Explanatory Note to emphasize the nature of the goods in Class 16 and dif­ ferentiate them from their counterparts in Classes 24 and 25. However, note “bed covers of paper” (Basic No. 240032) are in Class 24 and “paper clothing” (Basic No. 250122) is in Class 25. This Class includes, in particular: •  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 specific inclusion sets out a list of examples of goods that are in Class 16 because they are made of paper and their function or purpose is not covered by another class. As discussed above, Class 16 is the class for bags, envelopes, and containers for packaging whether they are made of paper or plastic. And, as discussed in Classes 6, 14, and other classes that rely on the material composition of goods to justify classification in those classes, there is no single class for objects of art, so they are classified in the class of their material composition. Perhaps the

3 1

Class 16

133

most interesting inclusion in this Explanatory Note is the “framed or unframed lithographs, paintings and watercolours.” The unframed items are not particularly problematic because their substrates would usually be in Class 16, including “can­ vas for painting” (Basic No. 160216), an item that could be in Class 24 as a fab­ ric article but for its specific listing in the Alphabetical List in Class 16. Of more interest is the framed works of art. “Picture frames” (Basic No. 200225) are in Class 20; however, framed lithographs, paintings, and watercolors are not in com­ merce for their frames, they are in commerce for the item contained in the frame. Therefore, it makes sense that the framed, as well as unframed, “lithographs” (Basic No. 160187), “paintings [pictures], framed or unframed” (Basic No. 160030) and “watercolours [paintings]” (Basic No. 160020) are in Class 16 because it is the item within the frame that is of interest to purchasers, not the frames themselves. This Class does not include, in particular: • paints (Cl. 2) Because artists’ materials and “paintbrushes” (Basic No. 160273) are classified in Class 16, “paints*” (Basic No. 020001)  for use by artists or house paint­ ers could be classified as the same class. Also, “paint boxes [articles for use in school]” (Basic No. 160217) are classified in Class 16 as a type of teaching mater­ ial, as noted earlier in the discussion concerning Class 2 goods. Therefore, this Explanatory Note makes it very clear that, while most paint-​related products are classified in Class 16, the paints used with those products remain properly classified in Class 2. This Class does not include, in particular: •  hand tools for artists, for example, spatulas, sculptors’ chisels (Cl. 8) This specific exclusion in the Explanatory Note also relates to artists’ materials. The reason for this exclusion is the same as that of the previous note. Because artists’ materials and “paintbrushes” (Basic No. 160273) are classified in Class 16, other artists’ tools easily could be included in this class. However, tools that perform the same function, regardless of whether they are used by artists or professionals in other industries, all should be classified in Class 8. Recall that the Explanatory Note for Class 8 states, “[t‌his class] includes mainly hand-operated implements used as tools in the respective professions.” The note does not exclude artists from the professions referred to in the note. Therefore, hand tools for artists are classi­ fied in Class 8. This Class does not include, in particular: • teaching apparatus, for example, audiovisual teaching apparatus, resuscitation mannequins (Cl. 9), and toy models (Cl. 28) The teaching apparatus that is in Class 9 was discussed in the chapter on Class 9 but it bears repeating here because the distinction between “teaching apparatus

314

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International Trademark Classification

and instruments” in Class 9 and “instructional and teaching materials” in Class 16 is a difficult one to draw. The only specific entries classified in Class 9 relating to “teaching apparatus” (Basic No. 090440) are “audiovisual teaching apparatus” (Basic No. 090061) and “resuscitation mannequins” (Basic No. 090680), and “simulators for the steering and control of vehicles” (Basic No. 090448). However, these items would be included in Class 9 regardless of whether they were used for teaching purposes. On the other hand, Class 16 has many references to spe­ cific teaching materials, from “books” (Basic No. 160095), “paper*” (Basic No. 160006), and “pens [office requisites]” (Basic No. 160242) to “blackboards” (Basic No. 160201). One rationale that could explain the distinction between the teach­ ing items classified in these two classes is a careful application of the terminology used in each Class Heading. “Apparatus and instruments” is the phrasing used in Class 9, while the term materials is used in Class 16. Also, teaching apparatus in Class 9 include devices, implements, and instruments that instruct in a way that requires student interaction with the apparatus. The other teaching materials in Class 16 teach by observation, rather than by performing a task or requiring physi­ cal interaction with the apparatus, as a simulator would. This is a difficult distinc­ tion to define and apply. Suffice it to say, most items relating to the education field are classified in Class 16; however, the Alphabetical List should be consulted concerning items used in education that perform an active role in the teaching process, which could qualify such items for classification in Class 9. The other item included in this Explanatory Note as an example of teaching apparatus is toy models in Class 28. A model could be considered a teaching appa­ ratus because it would be a physical rendition that could make the educational aim easier to comprehend or clearer. However, calling it a “toy” and classifying it in Class 28 undermines the educational purpose of such a model. In prior editions of the Nice Agreement, models were included in the Class Heading of Class 16. They were deleted in the eleventh edition perhaps because they could be consid­ ered teaching apparatus, and teaching apparatus is clearly excluded from Class 16. Future revisions should find a solution to this apparent anomaly and clarify the classification of educational models. For now, models are only in Class 28 and are designated as toys and are specifically excluded from Class 16 because they are considered teaching apparatus. This Class does not include, in particular: • 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) and cigarette paper (Cl. 34) The items covered by this specific exclusion constitute the rare exceptions to the inclusion of all paper and cardboard items in Class 16. This note makes it clear that goods made of paper are classified in the class of their function or

 153

Class 16

135

purpose, not in Class 16, when their function or purpose is more significant to the classification of those items than the fact that they are made of paper. For all of the items in this Explanatory Note, the purpose or function of the goods is more important than the fact that they are made of paper. For example, the paper aspect of photographic paper is that it is merely a carrier for the chemicals that are in that paper that allows for pictures to be developed or are printed on that paper, so “photographic paper” (Basic No. 010322) is in Class 1. It is more important that cigarette papers are used to make cigarettes than that they are a paper product, so “cigarette paper” (Basic No. 340024) is in Class 34 and not in Class 16.

c. supplemental commentary “Molds for modelling clays [artists’ materials]” (Basic No. 160352) Other molds are classified according to their areas of use, such as “ice cube molds” (Basic No. 210099)  and other molds that are classified in Class 21 as kitchen utensils, and “molds [parts of machines]” (Basic No. 070276), which are classified in Class 7. Because “modelling clay” (Basic No. 160026) is classified in Class 16, and the molds themselves easily can be considered artists’ materials, the items are in the Alphabetical List in order to avoid the erroneous classification of these goods. Transfer of aquaria and related items to Class 21 In earlier editions of the Nice Agreement, indoor aquaria, their related accessory aquarium hoods, and indoor terrariums [vivariums] had been classified in Class 16 because they were considered, primarily, educational goods. While this per­ ception was true when these goods were first introduced into the list, their value as educational goods has become only minimal or secondary in current times. Today, these goods most often are found in homes or offices as hobby or deco­ rative items. They are traditionally made of glass so that the contents inside are visible. In the ninth edition of the Alphabetical List, “indoor aquaria” (Basic No. 210336) were transferred to Class 21, which is the prevailing class for glass items and domestic containers. Other aquarium items, with specific uses or functions, remain in their eighth edition classes. These items include “aerating pumps for aquaria” (Basic No. 070005) in Class 7, “aquarium gravel” (Basic No. 190233) and “aquarium sand” (Basic No. 190234) in Class 19, and “aquarium lights” (Basic No. 110309), “aquarium heaters” (Basic No. 110308), and “aquarium fil­ tration apparatus” (Basic No. 110307) in Class 11. It should also be noted that large-​scale “aquaria [structures]” (Basic No. 190190) are, in fact, structures that are classified in Class 19, since they are made primarily from non-​metallic materi­ als. The types of 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 same way as buildings.

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International Trademark Classification

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Transfer of rosaries and chaplets from Class 16 to Class 14 Prior to the eleventh edition of the Nice Agreement, chaplets and rosaries were classified in Class 16 because they were seen as analogous to books of prayer. However, this was never a comfortable classification for these items because, in fact, they are strings of beads and are more appropriately classified in Class 14 under Basic No. 140178, for both items. They are not “read” as a book is read; rather they are used to keep track of memorized prayers. Because there is no unique class for religious items, they are best classified in the class of their main constituent, namely, beads.

371 

CLASS 17 OFFICIAL TEXT Class Heading 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).

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International Trademark Classification

Interpretation a. class heading The mystery that surrounds proper classification of goods in Class 17 is unjustified. It is a technical class that relies greatly on the material composition of the items included in it, but it also encompasses many items with very specific purposes, these purposes being unique to Class 17. By following a few simple guidelines, discussed below, it is possible to demystify this class and those items properly classified in it.

UNPROCESSED AND SEMI-PROCESSED rubber, gutta-​percha, gum, asbestos, mica and SUBSTITUTES FOR ALL THESE MATERIALS As indicated in the Class Heading, Class 17 includes “unprocessed and semi-​ processed rubber, gutta-​percha, gum, asbestos, mica and substitutes for all these materials.” The materials listed in the Class Heading entry cover a wide range of goods. Rubber, gutta-​percha, and gum all are in this class because they are related to each other in that they are plant secretions and, as indicated by the language “substitutes for all these materials,” so synthetic materials made to imitate the properties of the original plant secretion matter are also included in Class 17. They are generally soft, moldable, and often sticky in their natural states. They, therefore, are used to make many products that rely on these properties to function. “Asbestos” (Basic No. 170091) and “mica, raw or partly processed” (Basic No. 170070)  are different from “rubber, raw or semi-​worked” (Basic No. 170017), “gutta-​percha” (Basic No. 170050), and “gum, raw or partially processed” (Basic No. 170117), in that they are mineral products. They are valued primarily for their insulating properties. In fact, this insulating quality is a common factor among the unprocessed and semiprocessed materials enumerated in this entry. They can all be used, to one extent or another, as insulation. Note, however, that most items made from these five materials are classified in Class 17 even if they do not serve a specific function or purpose that would justify their classification in a class other than Class 17.

plastics AND RESINS in extruded form for use in manufacture The next item in the Class Heading, “plastics and resins in extruded form for use in manufacture,” refers to extruded plastics that have been made from “plastics, unprocessed” (Basic No. 010438), classified in Class 1 or “natural resins, raw” (Basic No. 020061) classified in Class 2, and will be made into finished plastic

3 19

Class 17

139

products that are classified in various classes. The plastics and resins included in Class 17 are usually in the form of extruded bars, blocks, pellets, rods, sheets, and tubes that will be used to make other products. Occasionally, the plastic in Class 17 is a finished product in its own right, such as “plastic film, other than for wrapping” (Basic No. 170072) delineated in the Alphabetical List. However, the plastics of Class 17 usually are in an interim state between the raw material and the finished plastic products. Note that “acrylic resins [semi-​finished products]” (Basic No. 170002) and “synthetic resins [semi-​finished products]” and “artificial resins [semi-​finished]” (both under Basic No. 170075) are in Class 17. As with the plastics in Class 17, “resins in extruded form for use in manufacture” will eventually be made into finished products that are classified in classes other than Class 17.

packing, stopping and insulating materials Many goods in Class 17 fall into the category, “packing, stopping and insulating materials.” The “packing” materials classified in Class 17 are intended to perform the function of padding or stuffing, and Class 17 “stopping” materials act as substances used for filling or sealing. “Insulating” materials included in Class 17 cover all types of insulation, from “soundproofing materials” (Basic No. 170008) to “insulating paints” (Basic No. 170060) and “insulating paper” (Basic No. 170055). As alluded to above, the materials listed in the first entry of the Class Heading for Class 17, rubber, gutta-​percha, gum, asbestos, and mica, all share an insulation property. Items found in Class 17, based on this specification in the Class Heading, include “adhesive tapes, other than stationery and not for medical or household purposes,” (Basic No. 170085), “clutch linings” (Basic No. 170039), “draught excluder strips” (Basic No. 170013), “fiberglass for insulation” (Basic No. 170103), “insulators for electric mains” (Basic No. 170098), and “weatherstripping” (Basic No. 170013). The Explanatory Note for this class summarizes this area quite accurately by its use of the language “… electrical, thermal and acoustic insulating materials.”

flexible pipes, TUBES AND HOSES, not of metal The final entry in the Class Heading for this class is, “flexible pipes, tubes and hoses, not of metal.” This Class Heading only includes flexible pipes and tubes and hoses that are not of metal and do not have a specific function or purpose that justifies their classification in another class. There are flexible pipes, tubes, or hoses with such functions and purposes in Classes 7, 9, 10, 11, 12, and 19. Clearly, the Alphabetical List should be consulted when classifying a flexible pipe, tube, or hose that is not of metal and has a specific purpose or function that could justify its classification in a class other than Class 17.

401

140

International Trademark Classification

b. 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 The first specific inclusion in Class 17 refers to “rubber material for recapping tires [tyres]” (Basic No. 170109) that must be differentiated from “tire repairing compositions” (Basic No. 010465) that are classified in Class 1, and “treads for retreading tires [tyres]” (Basic No. 120156) that are classified in Class 12. It is unclear why this item is set forth specifically in the inclusions of the Explanatory Note for this class. It seems self-​evident that Class 17 is the only appropriate place for classification of this semifinished item. However, since there are related items in Classes 1 and 12, it is helpful to have the rubber for recapping purposes clearly included in its proper class by means of the Explanatory Note. This Class includes, in particular: •  floating anti-​pollution barriers “Floating anti-​pollution barriers” (Basic No. 170108) are listed as a specific inclusion in Class 17. These items are referred to in many different ways, especially in the oil industry; however, they all are classified in Class 17, as a type of insulating material, because they “insulate” an area from contamination by pollutants. This Class includes, in particular: •  adhesive tapes, other than stationery and not for medical or household purposes Generally, adhesive tapes are classified in Class 16, when they are for household or stationery use, and in Class 5, when they are for medical purposes. However, when they serve a purpose other than household, stationery, or medical use, adhesive tapes are classified in Class 17. An adhesive tape used for something other than household, stationery, or medical purposes is usually being used in an industry for a Class 17 purpose, such as stopping. The inclusion of this item in this class, without regard to its use, presents a conceptual problem; however, another, more appropriate class for its classification does not seem to exist. Note that only “adhesive tapes, other than stationery and not for medical or household purposes” (Basic No. 170085) (emphasis added) are classified in Class 17. Other industrial adhesives, not in the form of tape, are classified in Class 1.

41 

Class 17

141

This Class includes, in particular: •  plastic films, other than for wrapping and packaging, for example, anti-​dazzle films for windows Given that plastic films are most often used for wrapping and packaging, this Explanatory Note is helpful when determining what type of plastic film would be classified in Class 17. The example given of “anti-​dazzle films for windows [tinted films]” (Basic No. 170115) is particularly helpful in this regard. This item is classified appropriately in Class 17 because it is a film. Another helpful example of a film in Class 17 that is included in the Alphabetical List is “filtering mater­ ials [semi-​processed foams or films of plastic] (Basic No. 170106). While use of a plastic film other than for wrapping or packaging is rare, this Explanatory Note makes it clear that when such a film is encountered, unless it has a function or purpose that could justify it in another class like “protective films adapted for screens for portable games” (Basic No. 280229) in Class 28, the film should be classified in Class 17. This Class includes, in particular: •  elastic threads and threads of rubber or plastic, not for textile use The first issue to be addressed under this Explanatory Note is to answer the question what is elastic thread and thread of rubber or plastic used for if not for textile use? Certainly, these threads are used to make components of clothing but, even that use, would not be considered strictly a textile use becuase the elastic, rubber, or plastic banding that is used in clothing and made from these threads is a processing step away from the threads themselves. These threads are also used in the packing industry to create webbing used to contain foodstuffs and to make luggage straps. It is used to create industrial webbing that is then used in the manufacture of trampolines and bungee cords. It is used in the manufacture of medical bandages, ankle, knee, and elbow guards, hip and waist braces, and even costume jewelry, and thus, as a semiprocessed product that is then used to manufacture components that are included in a wide range of final products. This Explanatory Note makes it clear that these threads are classified in Class 17 rather than in the tradition class for textile thread, namely, Class 23. This Class includes, in particular: •  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 Explanatory Note gives some helpful examples of goods that are in Class 17 that might not be obvious to classify in this Class.

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International Trademark Classification

“Foam supports for flower arrangements [semi-​finished products]” (Basic No. 170112) are included in Class 17 because, as noted in the Alphabetical List entry, such foam supports are semifinished products. They are considered semifinished because this entry refers to the large blocks of foam that are cut down by florists, to the appropriate sizes, for use in specific flower arrangements. This product is rarely sold in a finished form; even when it is purchased in a retail store for use at home. It is a block of foam that must be finished to the size needed for an individual arrangement. Padding and stuffing materials of rubber or plastics may seem to be an item that would be clearly in Class 17; however, the terms padding and stuffing are not used in the Class Heading of the class. The goods that have this padding and stuffing use are in Class 17 based on the entry in the Class Heading for “packing, stopping and insulating materials.” As noted above in the explanation of that particular Class Heading, the “packing” materials classified in Class 17 are intended to perform the function of padding or stuffing. This Explanatory Note makes it quite clear that the function of padding and stuffing is a characteristic of Class 17 goods. Also, see Basic No. 170014 that covers two entries in the Alphabetical List, namely, “padding materials of rubber or plastics” and “stuffing of rubber or plastic.” “Rubber stoppers” (Basic No. 170018) are in Class 17 because of their stopping characteristic that refers, as explained above in the Class Heading section, to the concept of sealing. A  rubber stopper certainly is used to seal various containers. The most common container that is sealed with a rubber stopper is a bottle. Because bottles are classified in Class 21, it would be reasonable to classify a rubber stopper for that bottle in Class 21. However, because rubber stoppers can be used to seal a wide range of containers, many of which are not in Class 21, it is best that they are included in Class 17, as a general use stopping or sealing item. “Shock-​absorbing buffers of rubber” (Basic No. 170021)  are in Class 17 because of their packing characteristic in the sense of providing padding. As with the rubber stoppers, shock-​absorbing buffers that are not specified as possessing a function or purpose that would justify classification in a class other than Class 17 can be used in many different goods to prevent damage from shock. As such, these non-​specified shock-​absorbing buffers of rubber are best classified in Class 17. Rubber bags or envelopes for packaging or as expressed in the Alphabetical List, “bags [envelopes, pouches] of rubber, for packaging” (Basic No. 170077), seem to be a contradiction because the wording in the specific exclusion of the Explanatory Note for this class states that packaging is not a Class 17 characteristic. However, bags, envelopes, and pouches that are used for general packaging are classified in the Nice Agreement based on their material composition, for example, “bags [envelopes, pouches], of paper or plastics, for packaging” (Basic No. 160246) are in Class 16, and “bags [envelopes, pouches], of textile, for packaging”

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Class 17

143

(Basic No. 220069) are in Class 22. This helpful example makes it clear that even though these bags are used for packaging, which is not a Class 17 characteristic, they are in Class 17 because of their material composition of rubber and the general scheme for classification of bags, envelopes, and pouches for packaging in the Nice Agreement. Note that this Explanatory Note gives only a few examples of goods that are uniquely in Class 17. The Alphabetical List should be consulted concerning any goods that may be considered for classification in Class 17 if there is a possibility that a different classification class might also be appropriate. This Class does not include, in particular: •  fire hose (Cl. 9) “Fire hose” (Basic No. 090708) was previously in Class 17 but was transferred to Class 9 in the tenth edition of the Nice Agreement. Fire hoses were determined to be so highly specialized for use in an emergency or lifesaving situation that it was not appropriate to classify them with flexible hoses used for purposes that are more general. Because other firefighting equipment is classified in Class 9, fire hoses were transferred to that class in the interest of consistent treatment of like and related goods under the Nice Agreement. This Class does not include, in particular: •  pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and not of metal (Cl. 19) There are pipes in many classes of the Nice Agreement as indicated by this specific exclusion. Besides Class 17, Classes 6, 11, and 19 are the main classes for pipes depending on their use, material composition, and flexibility. See discussions in those classes for guidance on how classification of these pipes is determined. This specific exclusion clearly states that these particular pipes are NOT in Class 17. This Class does not include, in particular: •  insulating glass for building (Cl. 19) This helpful specific exclusion focuses on an insulating item that is not classified in Class 17. In general, goods with insulating properties are in Class 17. “Insulating glass for building” (Basic No. 190180)  is one of the few exceptions. “Building glass” (Basic No. 190063) is in Class 19. Insulating glass for building is primarily a building glass that also has an insulating property. For classification purposes, the building function outweighs the insulating function of this glass, so it is classified in Class 19 with other building products.

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International Trademark Classification

This Class does not include, in particular: •  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) As indicated by this Explanatory Note, there are items in classes other than Class 17 that have Class 17 attributes. However, there is justification for the exclusion of these items from Class 17. It should be remembered that these are only examples and, while the following explanations may help in understanding these specific items, the Alphabetical List should be consulted whenever an item needs to be classified that has Class 17 characteristics but also has some justification in a class other than Class 17. “Gum resins” (Basic No. 020078)  are products consisting essentially of a mixture of gum and resin, usually obtained by making an incision in a plant and allowing the juice, which exudes to solidify. Thus, they are clearly raw natural resins in Class 2. Class 17 is the class for resins in extruded form for use in manufacture. Resins in this state are much different from the gum resins in Class 2. “Rubber for dental purposes” (Basic No. 050066) is most commonly used in the form of dental dams that are used to isolate a tooth or teeth that are being treated by a dentist. Rubber for dental purposes may also include rubber bands used with orthodontics. These highly specialized goods made of rubber and used in the dental field justify their classification in Class 5, rather than in Class 17 with other more general rubber products. The primary function of “asbestos screens for firemen” (Basic No. 090689) is to protect firefighters from injury or death by exposure to fire. Given the other life-protecting and lifesaving items classified in Class 9, it is appropriate that it is classified in Class 9 rather than Class 17. “Adhesive rubber patches for repairing inner tubes” (Basic No. 120194) have two attributes of Class 17: an adhesive quality and that they are made of rubber. However, they are specially adapted to be used to repair a Class 12 item, namely, “inner tubes for pneumatic tires [tyres]” (Basic No. 120007). Therefore, Class 12 is the more appropriate class for this item. “Rubber erasers” (Basic No. 160139) are in Class 16 even though they are made of rubber, a Class 17 compositional material. These erasers are in Class 16 as items of stationery. The term stationery can include writing materials, as well as writing paper, and envelopes and rubber erasers would be considered writing materials. They are also justified in Class 16 as instructional or teaching materials because they are often used in a teaching environment. As always, note that these are only a few examples of items that have Class 17 attributes but, because of their specialized use, function, or purpose, are classified in classes other than Class 17. There are other items of this nature in the Alphabetical List, and that list should be consulted when there is any question about the classification of an item made with materials or having attributes

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Class 17

145

included in Class 17 but also having characteristics of other classes in the Nice Agreement.

c. supplemental commentary Insulating products There are many products classified in Class 17 exclusively because of their insulating properties. Their non-​insulating counterparts are classified in many other different classes. “Insulating felt” (Basic No. 170045) and “insulating fabrics” (Basic No. 170056) are classified in Class 17, whereas their non-​insulating counterparts are classified in Class 24. “Insulating oils” (Basic No. 170052) are classified in Class 17, whereas non-​insulating oils are in Class 4. “Insulating paints” (Basic No. 170060) are in Class 17, while non-​insulating paints are in Class 2. This pattern continues throughout the Alphabetical List. A good that may be classified in various classes must be classified in Class 17 when that version of the good has an insulating property. One exception to this general rule is “insulating glass” (Basic No. 190180) in Class 19. Insulating glass is in a class other than Class 17 because it comprises several panes of glass having a sealed chamber between the panes of glass, the chamber being filled with a gas. Neither the glass panes nor the gas has insulating properties in themselves. Also, it is built to fit specific window openings. As such, it is a finished item for a specific structure and is justified in Class 19 as a non-​metallic building material. Transfer of “asbestos screens for firemen” (Basic No. 090689) The transfer of this entry from Class 17 to Class 9 was discussed above in Section C of Class 9. The specific use of this item, that is, protection of the lives of firefighters, make it classified more appropriately in Class 9, with other lifesaving apparatus, than in Class 17, based on its material composition.

461

CLASS 18 OFFICIAL TEXT Class Heading 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 tags; • business card cases and pocket wallets; • boxes and cases made of leather or leatherboard. This Class does not include, in particular: • clothing, footwear and headgear of leather for humans (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).

Interpretation This class does not present many problems, since the items included in the class are clearly presented in the Class Heading.

471 

Class 18

147

a. class heading leather and imitations of leather The class comprises primarily “leather and imitations of leather.” In their unprocessed or semiprocessed states, leather and imitations of leather are in Class 18 without ambiguity. While some items made of leather are not in Class 18 (see specific exclusion entries in the Explanatory Note below), leather in this basic state is in Class 18, regardless of what it is later used to make.

animal skins AND hides It is easy to transition from leather and imitations of leather to the next category in the Class Heading, which is “animal skins and hides.” “Fur” (Basic No. 180067) and “pelts” (Basic No. 180002) clearly are included in this class, and there should be little confusion regarding proper classification of these items. All “animal skins” (Basic No. 180002), hides, and furs in their raw or semifinished states are classified as Class 18.

luggage and carrying bags The next category, however, which includes “trunks [luggage]” (Basic No. 180092) and “travelling bags” (Basic No. 180078), can present some confusion and difficulty with respect to other bags that are classified in various classes. The purpose of bags classified in Class 18 is for personal use and for moving goods from one location to another location. Thus, “garment bags for travel” (Basic No. 180111) are classified in Class 18, whereas a garment bag for storing clothing (called “garment covers [storage]” [Basic No. 200252] in the Alphabetical List) is classified in Class 20. Obviously, trunks and travel luggage are classified in this class. Not so obviously, however, are the following, which are also classified in Class 18: “net bags for shopping” (Basic No. 180114), “beach bags” (Basic No. 180076), “handbags” (Basic No. 180077), “school bags” (Basic No. 180020), “sling bags for carrying infants” (Basic No. 180044), “randsels [Japanese school satchels]” Basic No. 180127), and “wheeled shopping bags” (Basic No. 180070). These are all examples of “carrying bags,” and their classification in Class 18 is based on this Class Heading.

umbrellas and parasols; walking sticks The next two categories in the Class Heading present little difficulty because they describe goods of narrow scope. This category includes “canes” (Basic No. 180015) and “alpenstocks” (Basic No. 180001), as well as parts of these items. It should be noted, “quad canes for medical purposes” (Basic No. 100230) are in Class 10. But based on this broad Class Heading in Class 18, all other canes and walking sticks are in Class 18, unless qualified with the degree of specificity that the Class 10 entry referred to above is.

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International Trademark Classification

whips, harness and saddlery Similarly, the language of the next category, “whips, harness and saddlery,” is not terribly problematic; however, it opens the door to a wide variety of animal equipment, some of which are classified in Class 18, either because they are made of leather (or were originally made of leather but are now made from another material), or because they relate to animals. Some animal-​related items are classified in Class 18, according to the Alphabetical List, including “bits for animals [harness]” (Basic No. 180017), “harness fittings” (Basic No. 180120), “nose bags [feed bags]” (Basic No. 180050), “covers for horse saddles” (Basic No. 180097), and “stirrups” (Basic No. 180119). Other animal-​related items that are not classified in Class 18 include, “dog kennels” (Basic No. 200058) in Class 20, “dog whistles” (Basic No. 090508) in Class 9, and “horse brushes” (Basic No. 210073) in Class 21. Once again, unless the classification of an animal-​related product clearly is in Class 18, the Alphabetical List should be consulted to ensure that classification of the item is correct and that the particular item does not need to be classified in a class other than Class 18.

collars, leashes and clothing for animals These items are set forth in the Class Heading because they easily could cause classification confusion; animal clothing, understandably, could be classified in Class 25, along with human clothing. However, clothing for animals clearly is quite different from clothing for human beings. Therefore, animal clothing is classified in Class 18 along with other products that are “worn” by pets, such as “leather leashes” (Basic No. 180005), “collars for animals*” (Basic No. 180030), and “horse blankets” (Basic No. 180026). Note that the entry for collars for animals in Class 18 has an asterisk. This is because “antiparasitic collars for animals” (Basic No. 050087) are in Class 5 and “electronic collars to train animals” (Basic No. 090746) are in Class 9. Also, the Alphabetical List recognizes that most animals do not wear “clothing,” although many pets do. Therefore, there is an entry in the Alphabetical List for “clothing for pets” (Basic No. 180135). The only reference to “clothing for animals” is in this Class Heading.

b. 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 As indicated above in the Class Heading section, all of these goods are in Class 18. Traditionally, many of these items, particularly, the “valises” (Basic No. 180115), “travelling trunks” (Basic No. 180029), and “travelling bags” (Basic No. 180078) were made of leather and, therefore, were classified in Class 18. Now, besides leather, these goods are made from imitation leather or even leather substitutes,

491 

Class 18

149

such as fabric or plastic. However, the goods themselves have remained in Class 18. The items for carrying, for example, “sling bags for carrying infants” (Basic No. 180122), “school bags” (Basic No. 180020), and other carrying bags included in the Alphabetical List have also come to Class 18 by analogy with the luggage and traveling bags that have been in Class 18 for many years. This Class includes, in particular: • luggage  tags This is a very specific item to be included in an Explanatory Note, but it could be misclassified in Class 16 because it could be considered a label and “labels of paper or cardboard” (Basic No. 160308) are in Class 16. Also, luggage tags are affixed to items in Class 18, which is another reason to include them in this class and emphasize the inclusion in this Explanatory Note. This Class includes, in particular: • business card cases and pocket wallets Based on the language in the General Remarks to the Nice Agreement, under Goods (f), cases adapted to the product they are intended to contain are in principle classified in the same class as the product. However, “business card cases” (Basic No. 180126) and “credit card cases [wallets]” (Basic No. 180125) are in Class 18, even though they hold paper products that could lead to their classification in Class 16. These items are justified in Class 18 based on the Class Heading “luggage and carrying bags.” These cases are considered items for carrying personal goods. So, even though the majority of the goods contained in these products may be made of paper, the Explanatory Note includes them in Class 18 owing to their carrying purpose. This Class includes, in particular: • boxes and cases made of leather or leatherboard Throughout the Nice Agreement, boxes and cases are in the class of their material composition unless they are specially adapted to hold a particular item, in which case they are classified in the class of that item. This Explanatory Note makes it clear that these “boxes of leather or leatherboard” (Basic No. 180089) and “cases of leather or leatherboard” (Basic No. 180091) are in Class 18 because they are made from leather or leatherboard. This Class does not include, in particular: •  clothing, footwear and headgear of leather for humans (Cl. 25) Clothing, footwear, and headgear easily could be classified in Class 18 if made of leather or fur. However, these items are classified according to their functions, usually in Class 25, rather than by their material compositions. Because the proper class for the classification of clothing is well established, there is no reason to include it in Class 18 when it is made of leather or fur. This is a good example of

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International Trademark Classification

an item that is included in another class, even when it is made of leather and, thus, should not be classified in Class 18. However, as indicated above, clothing for animals and pets is in Class 18. This Class does not include, in particular: •  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) As a counterpart to the specific inclusion of business card cases and pocket wallets in the Explanatory Note above, this specific exclusion makes it clear that a case or bag that is specially adapted to the item it is intended to hold or carry is in the class of the item it contains. The examples given in this Explanatory Note make it quite clear that these cases and bags are very specially constructed to hold specific items and, therefore, should be classified with those items. This Class does not include, in particular: • 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) Most items made of leather are classified in Class 18, unless they serve a purpose that is more suitably classified in another class. In the Alphabetical List, “leather strops” (Basic No. 080006) are classified in Class 8 because they are considered a hand tool, and both “chamois leather for cleaning” (Basic No. 210263) and “polishing leather” (Basic No. 210100) are classified in Class 21 because they are analogous to sponges and other cleaning appliances in that class. As indicated above, clothing made of leather is in Class 25, so the example in the Explanatory Note of “leather belts for clothing” (Cl. 25) emphasizes this, as does the Explanatory Note above concerning the leather clothing exclusion from Class 18. In these examples, the functions of the goods take precedence over their material composition. Most leather items are classified in Class 18, unless there is a reason for classifying them in another class. It is worth consulting the Alphabetical List when a question arises as to whether the function or composition of an item will control its classification.

c. supplemental commentary “Slings for carrying infants” (Basic No. 180122) As indicated above in Section D of Class 10, “slings [supporting bandages]” (Basic No. 100217) are in the Alphabetical List. It is reasonable, therefore, that “slings for carrying infants” (Basic No. 180122) also are itemized in the Alphabetical List, which classifies these types of slings in Class 18. Although this type of sling

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Class 18

151

is supportive, it is not considered a bandage. However, since other infant-​related items are classified in Class 10, such as “babies’ bottles” (Basic No. 100028) and “babies’ pacifiers” (Basic No. 100145), these slings are set forth in the Alphabetical List to assure their proper classification in Class 18, as carrying devices, and to avoid misclassifying them in Class 10 with other baby-​care products.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Sausage gut Sausage gut was transferred from Class 18 to Class 29 in the eleventh edition of the Nice Agreement. Its original inclusion in Class 18 was probably based on its relation to leather and animal skins. However, its sole use is in the manufacture of food products in Class 29. The language of the entry changed with the transfer. It now reads, in Class 29, “sausage casings, natural or artificial” (Basic No. 290226). “Reins for guiding children” (Basic No. 180136) “Reins for guiding children” was transferred from Class 26 to Class 18 in the eleventh edition of the Nice Agreement. While the Class Heading for Class 26 includes ribbons and braid, reins for guiding children seemed inapposite to those types of goods. Although using the same term for guiding children as is used for guiding horses or other animals (see “reins” [Basic No. 180072] in Class 18) may seem inappropriate, there are other items related to child care in Class 18:  for example, “slings for carrying infants” (Basic No. 180122) and “pouch baby carriers” (Basic No. 180123). Reins for guiding children are also akin to “leather laces” (Basic No. 180031), which are also in Class 18. Therefore, the transfer was appropriate since there is very little, if anything, that justified “reins for guiding children” in Class 26, except, perhaps, a reluctance to classify the item with goods used for the guidance or restraint of animals that are in Class 18. Tefillin Tefillin are small boxes made of leather with leather thongs attached to them that contain scrolls of parchment inscribed with verses from the Torah. They are used by Jewish people during morning prayers and have been introduced into the Alphabetical List of the Nice Agreement in Class 18 because they are made primarily of leather. Because there is no class in the Nice Agreement for religious articles, just as rosaries, chaplets, and mishbaha are classified in Class 14 because they are essentially a string of beads and are analogous to jewelry articles of that type and jewelry items are classified in Class 14, “tefillin [phylacteries]” (Basic No. 180132) are in Class 18 based on their primary material composition being leather.

512

CLASS 19 OFFICIAL TEXT Class Heading Building materials (non-​metallic); non-​metallic rigid pipes for building; asphalt, pitch and bitumen; non-​metallic transportable buildings; monuments, not of metal. Explanatory Note Class 19 includes mainly non-​metallic building materials. This Class includes, in particular: • semi-​worked woods (for example, beams, planks, panels); • veneers; • building glass (for example, floor slabs, glass tiles); • glass granules for marking out roads; • letter boxes of masonry. This Class does not include, in particular: • cement preservatives and cement-​waterproofing preparations (Cl. 1); • fireproofing preparations (Cl. 1).

Interpretation a. class heading building materials (non-​metallic) Non-​metallic building materials or “building materials, not of metal” (Basic No. 190197) as set forth in the Alphabetical List, comprise most of the items in Class 19. As discussed earlier, building materials made of metal are classified in Class 6. The Alphabetical List is careful to specify that goods included in Class 19 are not made of metal, thus, making it clear that the same item made of metal must be classified in Class 6. In keeping with the non-​metallic building materials in the Class Heading, “coatings [building materials]” (Basic No. 190129) are classified in Class 19, whereas “coatings [paints]” (Basic No. 020070 are found in Class 2, and “reeds, for building” (Basic No. 190163) are classified in Class 19, whereas “reeds [plaiting material]” (Basic No. 200178) belong in Class 20.

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Class 19

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Also, objects that cannot be classified in other classes and that are made out of non-​metallic materials that are traditionally used in building are classified in Class 19, even if the objects themselves are not used in building. Such objects include “statuettes of stone, concrete or marble” (Basic No. 190224) and “busts of stone, concrete or marble” (Basic No. 190202).

non-​metallic rigid pipes for building The next item in the Class Heading, “non-​metallic rigid pipes for building,” or “rigid pipes, not of metal, for building” (Basic No. 190178)  as set forth in the Alphabetical List, easily qualifies as non-​metallic building materials; however, it is set forth separately in the Class Heading because of possible confusion caused between this item and other items classified in Classes 6, 11, and 17. To avoid confusion, the language of the Class Heading is unambiguous. A rigid pipe that is not made of metal and is used for building purposes is classified in Class 19. Other types of pipes are included in Class 6, if they are made of metal, and in Class 11, if they are not made of metal and are parts of sanitary installations.

asphalt, pitch and bitumen “Asphalt” (Basic No. 190013), “pitch” (Basic No. 1900137), and “bitumen” (Basic No. 190017) are specified in the Class Heading to avoid misclassification of the products in other classes, such as Class 2, when the substances are used as coatings. One exception to this general rule is “bitumen varnish” (Basic No. 020025), which is classified in Class 2. However, varnish is not considered a building mater­ ial, whereas items such as “bitumen coatings for roofing” (Basic No. 190082) are building-​related and are properly classified in Class 19.

non-​metallic transportable buildings The next item, “non-​metallic transportable buildings,” or “buildings, transportable, not of metal” (Basic No. 190119) as set forth in the Alphabetical List, is in this class as the “ultimate” non-​metallic building material. As one might expect, and as previously noted, “buildings, transportable, of metal” (Basic No. 060170) are classified in Class 6. The requirement that these buildings be transportable relates to their ability to be characterized as goods in trade and, therefore, legally capable of being identified by a trademark. (For further explanation, see the discussion regarding transportable buildings in the Class 6 section.) Thus, “cabanas not of metal” (Basic No. 190203) and “greenhouses, transportable, not of metal” (Basic No. 190167) are classified in Class 19. Note, also, that a distinction is drawn between mobile homes, a form of transportable building, classified in Class 19, that are actually permanent dwellings, even though they are mobile and may be moved once or twice and “motor homes” or “camping cars” (both under Basic No. 120249), classified in Class 12 that are actually vehicles or vehicle attachments.

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International Trademark Classification

Other “structures” that are not necessarily considered “buildings,” but that are transported and then set down in one place for an indefinite period of time, and are not made primarily of metal are included in Class 19. Some examples of these types of structures found in the Alphabetical List include, “bird baths [structures], not of metal” (Basic No. 190194), “chicken-​houses not of metal” (Basic No. 190156), “diving boards, not of metal” (Basic No. 190152), “letter boxes of masonry” (Basic No. 190228), “non-​luminous and non-​mechanical signs, not of metal” (Basic No. 190165), and “telephone booths, not of metal” (Basic No. 190041). The term buildings is used in its very broadest sense in this entry in the Class Heading.

monuments, not of metal Finally, “monuments, not of metal” (Basic No. 190117) are classified in Class 19. Examples of such goods include “gravestones” (Basic No. 190144)  and “tombs [monuments], not of metal” (Basic No. 190225). As with many other goods included in Class 19, their metallic counterparts are classified in Class 6.

b. explanatory note Class 19 includes mainly non-​metallic building materials. This Class includes, in particular: •  semi-​worked woods (for example, beams, planks, panels) “Wood, semi-​worked” (Basic No. 190026)  (e.g., beams, planks, and panels) are included in this class as the most basic of non-​metallic building materials. However, these goods must be distinguished from “unsawn timber (Basic No. 310017), which is classified in Class 31. Likewise, the semiworked nature of the wood products in Class 19 must be differentiated from the finished wood items classified in Class 20 or Class 21. Class 19 materials still are classified in Class 19, even if they eventually are used to make goods not classified in Class 19. That is, the goods made from the Class 19 materials might not be used in building. An example of this principle is found in the Alphabetical List entry for “wood for making household utensils” (Basic No. 190030). Generally, the household utensils made from wood would be classified in Class 21; however, the wood itself, used to make the utensils, is classified in Class 19. This Class includes, in particular: • veneers “Wood veneers” (Basic No. 190033)  are specified in this Explanatory Note inclusion, because they may not be considered a “building material,” in that they usually are lightweight and may be used in connection with furniture. However, as a semiworked wood or wood substitute, they are properly included in Class 19.

51 

Class 19

155

This Class includes, in particular: •  building glass (for example, floor slabs, glass tiles) •  glass granules for marking out roads “Building glass” (Basic No. 190063) (e.g., floor slabs and glass tiles) and “glass granules for marking out roads” (Basic No. 190121)  are both identified in the Explanatory Note to avoid their misclassification in Class 21, as an “unworked or semi-​worked glass.” As further reinforcement, the Class Heading for Class 21 excludes unworked or semiworked glass used in building from that class. Whether building structures or building roads, glass used in the building process is classified in Class 19. This Class includes, in particular: •  letter boxes of masonry This item is included in the Explanatory Note for Class 19 to differentiate between these “letter boxes of masonry” (Basic No. 190228) in Class 19 and those classified in Class 6, namely, “letter boxes of metal (Basic No. 060120), and those classified in Class 20, namely “letter boxes, not of metal or masonry” (Basic No. 200244). This is a typical example of the method followed throughout the classification system of placing an item that cannot be classified in one particular class according to its material composition. This Class does not include, in particular: •  cement preservatives and cement-​waterproofing preparations (Cl. 1) •  fireproofing preparations (Cl. 1) The Explanatory Note excludes “cement preservatives” (“cement preservatives, except paints and oils” [Basic No. 010196] in the Alphabetical List), “cement-​ waterproofing preparations” (“cement-​waterproofing chemicals, except paints” [Basic No. 010195] in the Alphabetical List) and “fireproofing preparations” (Basic No. 010294) all of which are classified in Class 1. These materials mistakenly could be classified in Class 19, owing to their close association with buildings and building materials. However, they are basically chemical products used in the building industry, and, therefore, are appropriately classified in Class 1.

c. supplemental commentary “Figurines [statuettes] of stone, concrete or marble” (Basic No. 190224) Just as works of art made of precious metal are included in Class 14, those made of ivory are classified in Class 20, and those made of glass or porcelain are classified in Class 21. In the same way, works of art made of Class 19 materials are classified

561

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International Trademark Classification

in Class 19. While it may seem odd to include marble statues in the same class as concrete building elements, this classification follows a clear scheme set forth in the Nice Agreement. Because there is no particular class for figurines or statuettes, these items must be classified based on their material composition. Thus, statuettes made of stone, concrete, or marble are classified in Class 19 with other items made from those materials. “Roofing, not of metal, incorporating solar cells” (Basic No. 190240) “Roofing, not of metal, incorporating solar cells” is an interesting and helpful inclusion in Class 19. “Photovoltaic cells” (Basic No. 090531) are classified in Class 9. However, very often, these cells are incorporated into building elements, which raises the question of how these items are most appropriately classified: in Class 9 or Class 19? This entry resolves that dilemma by explicitly classifying the goods in Class 19. The roofing element is the primary function of these goods and, therefore, Class 19 is the proper class for these goods, even though they include a Class 9 element.

571 

CLASS 20 OFFICIAL TEXT Class Heading 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, spring mattresses, pillows; • looking glasses, furniture and toilet mirrors; • registration plates, not of metal; • small items of non-​metallic hardware, 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).

518

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International Trademark Classification

Interpretation a. class heading Class 20 and Class 21 are often confused with each other because both are sometimes referred to as a “catch-​a ll” class or a class for miscellaneous goods. However, each class only includes miscellaneous goods of specified material compositions or with specific functions or purposes.

Furniture, Mirrors, Picture Frames “Furniture, mirrors, picture frames” are in Class 20, with very few exceptions. The specific exclusions referred to in the Explanatory Note will be discussed below in further detail. However, other than the few types of furniture specifically excluded in the Explanatory Note, all furniture is classified in Class 20. This includes commercial furniture, such as “display stands” (Basic No. 200057), “racks [furniture]” (Basic No. 200108), and “library shelves” (Basic No. 200024). Also, “mirrors [looking glasses]” (Basic No. 200193) are classified in Class 20 when they are in the nature of looking glasses as indicated by the language in square brackets in the entry. Mirrors that are optical apparatus are in Class 9 (see “mirrors [optics]” [Basic No. 090354] in the Alphabetical List.) Class 20 includes pocket mirrors and any mirrors for personal or decorative use, such as “mirror tiles” (Basic No. 200261) that are mounted on the wall of a room. The range of mirrors included in this class is very broad. Except for those mirrors with highly specialized purposes that are referred to in the exclusionary language of the Explanatory Note, all general purpose and non-​specialized mirrors are classified in Class 20. Finally, “picture frames” (Basic No. 200225) are included in this entry in the Class Heading. This includes all picture frames, regardless of material compos­ ition. Without this inclusion, picture frames could be spread among many classes based on their material composition.

CONTAINERS, NOT OF METAL, FOR STORAGE OR TRANSPORT In general, non-​metallic containers that are used for non-​domestic storage or transport purposes are classified in Class 20 with their metal counterparts in Class 6. This metal/​non-​metal distinction is fairly easy to apply because it is present throughout the Nice Agreement. The more difficult determination is the characteristic of the containers being used for storage or transport as opposed to being used for domestic purposes. Containers such as “nesting boxes for household pets” (Basic No. 200008) and “dog kennels” (Basic No. 200058),” are in Class 20 because they are used for storage in a broad sense. Pets are “stored” in nesting boxes and kennels for limited periods. Generally, the containers in Class 20 are not for typical household or kitchen use; containers of that type are in Class 21. The inclusion of storage or transport containers in Class 20 justifies the presence of containers

591 

Class 20

159

such as “coffins” (Basic No. 200047), “meat safes” (Basic No. 200122), and “birdhouses” (Basic No. 200312) in the class.

UNWORKED OR SEMI-​WORKED BONE, HORN, WHALEBONE OR MOTHER-​OF-​PEARL; SHELLS; MEERSCHAUM; YELLOW AMBER The materials in these four separate Class Headings, “unworked or semi-​worked bone, horn, whalebone or mother-​of-​pearl; shells; meerschaum; yellow amber,” are discussed together because they are all substances that occur in nature, but cannot and should not be classified in other classes unless they are put to a specific use, for example, “whalebones for corsets” (Basic No. 260012) in Class 26. This characterization as “natural materials” is important because entries in the Alphabetical List indicate that other natural materials, besides those specifically reinforced in this Class Heading, are also included in this class. For example, many natural materials and animal products, such as “animal hooves” (Basic No. 200179), “animal claws” (Basic No. 200010), “coral” (Basic No. 200071), and “corks” (Basic No. 200030) also are classified in Class 20. Even “stuffed animals” (Basic No. 200006) are included in Class 20. This entry, of course, refers to taxidermy items and not to the plush toys. However, note that “wax [raw material]” (Basic No. 040027) is classified in Class 4, whereas many items used in association with bee-​keeping or made from wax are classified in Class 20, for example, “comb foundations for beehives” (Basic No. 200039) and “statues of wood, wax, plaster or plastic” (Basic No. 200187).

b. 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 As stated in this Explanatory Note, “furniture” includes “furniture of metal” (Basic No. 200132) and furniture used for camping. The inclusion of metal furniture brings many types of commercial furniture into Class 20, regardless of their material composition. The other items in this Explanatory Note are considered forms of furniture. This justifies “gun racks” (Basic No. 200118)  and “newspaper display stands” (Basic No. 200134) as well as plastic, wood, or metal display shelves being classified in Class 20. The indoor blinds and shades (see entry for “indoor window blinds [shades] [furniture]” [Basic No. 200272] in the Alphabetical List) are a bit harder to justify

601

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International Trademark Classification

as furniture. Characterizing blinds and shades as furniture anchors the classification of these goods in Class 20, which is where other items of furniture are classified. In its broadest concept, furniture refers to room dressings that make a room ready for occupancy. Blinds and shades are well within this concept, because they make a room ready for occupancy, by providing an aesthetic embellishment, shade when necessary, and privacy for the occupants. This Class includes, in particular: • bedding, for example, mattresses, spring mattresses, pillows “Bedding,” in the sense of this Explanatory Note, refers to goods used with furniture so that it can perform its intended function, such as “mattresses*” (Basic No. 200079) and “pillows” (Basic No. 200157). These goods are virtually part of the furniture; a bed frame without a mattress or pillows would not function as a bed. However, it is also possible that these items could be classified in classes other than Class 20 if this Explanatory Note did not specify their inclusion in this class. For example, these items could be classified in Class 24 with “bed linen” (Basic No. 240068) (see specific exclusion discussed below), because a close relationship exists between mattresses, pillows, and bed linen. This note avoids that confusion. These items are more appropriately classified in Class 20, as working parts of a bed. This Class includes, in particular: •  looking glasses, furniture and toilet mirrors This Explanatory Note emphasizes the inclusion of all types of mirrors and looking glasses in Class 20. However, it is an unfortunate English equivalent for the French entry, which reads: “les glaces et miroirs d’ameublement ou de toilette.” A more understandable English version of this phrase is “looking glasses and mirrors used as furniture or used for grooming.” Instead, the English phrase, “looking glasses, furniture and toilet mirrors,” is very confusing. The French phrasing makes it clear that the goods referred to include mirrors and looking glasses mounted on a wall, freestanding on their own stands, incorporated into a piece of furniture, or carried in a pocket for personal grooming purposes. All of these mirrors or looking glasses are classified in Class 20. This Class includes, in particular: •  registration plates, not of metal This note simply refers to automobile registration number plates or similar regis­ tration plates included in the Alphabetical List as “registration plates, not of metal” (Basic No. 200130). These goods, if not made of metal, could be classified in Class 16, as printed material, if this specific inclusion in Class 20 did not exist. As indicated in the Alphabetical List, “registration plates of metal” (Basic No.

1 6

Class 20

161

060400) are classified in Class 6, thus following the well-​established pattern of classifying similar goods in Class 6 or Class 20, depending on whether they are made of metal or not. Note that these registration number plates are not included in Class 12, even though they usually are used in connection with vehicles. These plates are not a structural part of the vehicle; rather, they are removable and can be changed; therefore, they are not classified in Class 12 as a vehicle part. This Class includes, in particular: • small items of non-​metallic hardware, for example, bolts, screws, dowels, furniture casters, collars for fastening pipes This Explanatory Note makes it clear that these small items of hardware are in Class 20 if they are not made of metal. Their corresponding metal equivalents are in Class 6. Further extensive examination of this Explanatory Note is not necessary because the correlation of metal items being in Class 6 and corresponding non-​metal items being in Class 20, if there is no other class that includes the function or purpose of those items, is a familiar pattern in the Nice Agreement. This Class includes, in particular: •  letter boxes, not of metal or masonry The only apparent purpose of this note is to complete the classification scheme for letterboxes. As noted previously, “letter boxes of metal” (Basic No. 060120) are classified in Class 6, “letter boxes of masonry” (Basic No. 190228) are classified in Class 19, and “letter boxes, not of metal or masonry” (Basic No. 200244) are classified here in Class 20. This Class does not include, in particular: •  special furniture for laboratories (Cl. 9) or for medical use (Cl. 10) These specific exclusions in the Explanatory Note assert that special furniture for laboratories is classified in Class 9, and special furniture for medical use is classified in Class 10. Furniture excluded from Class 20, such as these two examples, must be so highly specialized, and accompanied by such a detailed description, that it can only be used for the purpose it was designed. Thus, a table that has been equipped with special fittings for scientific equipment, for example, attachments for laboratory burners, exhaust hoods, built-​in test tube holders, etc., would be classified in Class 9. However, an ordinary table used in a laboratory, but having no special features except that it is, perhaps, made of metal to avoid corrosion by various chemicals, would be classified in Class 20, as a piece of metal furniture that did not have a specialized use. There are a few examples of specialized furniture for medical use itemized in the Alphabetical List, including, “beds, specially made for medical purposes” (Basic No. 100173)

621

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International Trademark Classification

and “hydrostatic beds for medical purposes” (Basic No. 100096), both of which are found in Class 10 because they are uniquely adapted to aid in the treatment of a physical condition, for example, severe burns or extensive orthopedic damage. “Beds*” (Basic No. 200102) are classified in Class 20, as one would expect, as are “hospital beds” (Basic No. 200138) and “hydrostatic beds, not for medical purposes” (Basic No. 200230), the latter understandably included based on the added qualification. Hospital beds are included in Class 20, rather than in Class 10, because, although different from regular beds, their special features do not aid in the treatment of a physical condition. For example, the ability of a hospital bed to raise and lower various parts of the bed is largely for purposes of comfort and convenience. This Class does not include, in particular: • outdoor blinds of metal (Cl. 6), not of metal and not of textile (Cl. 19), of textile (Cl. 22) The most important thing to note in this specific exclusion from Class 20 is the use of the term “outdoor” in the Explanatory Note. As indicated above, “indoor window blinds [shades] [furniture]” (Basic No. 200272) are in Class 20, regardless of their material composition. However, outdoor blinds are classified by material composition because they are considered building materials, because they are on the outside of a building and are usually installed as part of a construction or remodeling project. Thus, as with other building materials, exterior blinds are classified in Class 6, if made of metal, that is, “outdoor blinds of metal” (Basic No. 060158) and in Class 19, if not of metal or textile, that is, “outdoor blinds, not of metal and not of textile” (Basic No. 190107). “Outdoor blinds of textile” (Basic No. 220111) and “awnings of textile” (Basic No. 220058) are classified in Class 22. This Class does not include, in particular: •  bed linen, eiderdowns and sleeping bags (Cl. 24) As indicated above, these goods are classified in Class 24, even though the goods with which they are traditionally used, namely, “beds*” (Basic No. 200102), “mattresses*” (Basic No. 200079), and “pillows” (Basic No. 200157), are classified in Class 20. This exclusion should resolve any ambiguity concerning the classification of these goods and related Class 20 items. Note that sleeping bags are included in this specific exclusion from Class 20. In previous editions of the Nice Agreement, “sleeping bags” (Basic No. 240124) had been classified in Class 20 because they were considered a substitute for a furniture-​ type bed in Class 20 or could be considered a kind of furniture for camping. The eleventh edition of the Nice Agreement transferred sleeping bags to Class 24, where they are more appropriately classified with bed linen and other bed coverings.

6 13

Class 20

163

This Class does not include, in particular: • 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) After indicating that most mirrors are classified in Class 20, this Explanatory Note carves out the exceptions to that broad inclusion. Excluded from the class are certain, special types of mirrors that are classified according to their function or purpose. Examples of these specialized mirrors given in the Explanatory Note and included in the Alphabetical List are, “mirrors [optics]” (Basic No. 090354), “mirrors for dentists” (Basic No. 100078), and “mirrors for surgeons” (Basic No. 100118) in Class 10; “rearview mirrors” (Basic No. 120173) in Class 12; and “sighting mirrors for guns and rifles” (Basic No. 130038) in Class 13. These are examples of mirrors that are not in Class 20. The Alphabetical List should be consulted when seeking to classify a mirror that has a specialized function or purpose. This Class does not include, in particular: • 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) The reasons for including many items made from these natural materials, substitutes thereof, and plastic were discussed above in the Class Heading section. That section also included the caution that items made from the substances listed in the Class Heading would be classified in classes other than Class 20 if the items had a specialized purpose or function that made classification in the class of purpose or function more important than classification of the goods by material compos­ ition. This Explanatory Note and the explanation of the related Class Heading only give six examples of goods that are made from Class 20 materials but are classified in classes other than Class 20 based on their functions or purposes. Thus, the Alphabetical List should be consulted when determining the classification of an item made from a Class 20 material that could be classified in another class based on its specialized purpose or function.

c. supplemental commentary Tea carts and tea trolleys From the sound of their names, it would appear that “tea carts” and “tea trolleys” are classified in Class 12 with other carts and transport devices. However, “tea carts” and “tea trolleys” (both under Basic No. 200082) are relatively stationary

641

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International Trademark Classification

objects and are more analogous to furniture than vehicles. They are intended to hold a tea service and accompanying food items. As a result, they are properly classified in Class 20. Curtain hardware Most curtain hardware is classified in Class 20 regardless of its material composition. Typically, with respect to other kinds of hardware, metal hardware is classified in Class 6, whereas non-​metal hardware is classified in Class 20. Yet, there is no distinction, based on material composition, concerning the classi­ fication curtain hardware. Curtain hooks, rails, rings, rods, and rollers all are in Class 20 (Basic Nos. 200176, 200171, 200011, 200175, and 200121, respect­ ively) without reference to material composition. Therefore, it must be assumed that these items are in Class 20, whether they are made of metal or non-​metal materials. The only exception to this is curtain holders. Curtain holders are better expressed as “curtain loops.” The French entry for this Basic No. 200101 in Class 20 is “embrasses non en matierers textiles” and “embrasses” is translated as “curtain loops.” Curtain loops are large loops of a flexible material that are attached to a curtain and loops over a curtain rod to hold the curtain up. The Nice Agreements separates “curtain holders, not of textile material” (Basic No. 200101) in Class 20 and “curtain holders of textile material” (Basic No. 240047) in Class 24. Since these loops or holders would not be considered hardware for curtains, they are classified by two broad categories of materials composition: textile and not of textile. Other than that, all curtain hardware is in Class 20, including curtain “tie-​backs” (Basic No. 200177) that can be made of various material compositions including fabric, plastic, rope, or metal. “Mats for infant playpens” (Basic No. 200275) This item is in the Alphabetical List to avoid its possible misclassification in Class 27 with other mats. “Playpens for babies” (Basic No. 200022)  are classified in Class 20, so it makes sense that this accessory for a playpen also is classified in Class 20. Mats for infant playpens are justified in Class 20 because they are analogous to mattresses or pillows, both of which are in Class 20.

651 

CLASS 21 OFFICIAL TEXT Class Heading Household or kitchen utensils and containers; 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 toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware or glass. This Class includes, in particular: • utensils and containers for household and kitchen use, for example, fly swatters, bread boards, corkscrews, cocktail shakers, piggy banks, pails, cooking pots and pans; • small hand-​operated kitchen apparatus for mincing, grinding, pressing or crushing, for example, garlic presses, nutcrackers, pestles and mortars; • serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles; • combs, electric and non-​electric; • toothbrushes, electric and non-​electric; • dish stands and decanter stands. This Class does not include, in particular: • cleaning preparations (Cl. 3); • small apparatus for mincing, grinding, pressing or crushing, which are driven by electricity (Cl. 7); • razors and shaving apparatus, hair and nail clippers, implements for manicure and pedicure electric and non-​electric, for example, manicure sets, emery boards, cuticle nippers (Cl. 8); • 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 (Cl. 17), earthenware tiles (Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 22).

61

166

International Trademark Classification

Interpretation a. class heading Class 21 covers household and domestic utensils and containers. This includes personal grooming utensils and apparatus. The goods in Class 21 generally are used in a household or domestic setting. Although this covers a wide range of goods, some of which may be considered odds-​and-​ends, there are cogent reasons for including them in the class. The inclusion of the items that appear as specific entries in the Alphabetical List is firmly supported by the language of the Class Heading.

household or kitchen utensils and containers The entry “household or kitchen utensils and containers” in the Class Heading revisits the problem discussed earlier in Class 8, concerning the difficulty in determining which items, that usually are considered household utensils, are classified in Class 8 as tools and which are included in Class 21 as household or kitchen utensils. This was ameliorated somewhat in the eleventh edition of the Nice Agreement in which a few of the utensils that were in Class 8 but were clearly household or kitchen utensils rather than hand tools were transferred to Class 21. These items were “nutcrackers” (Basic No. 210387), “sugar tongs” (Basic No. 210388), and “ladles for serving wine” (Basic No. 210390). Turning to other items covered by this Class Heading entry, the scope of the term “household” is interpreted broadly. It includes, for example, “utensils and containers” used in the care of domesticated animals. Some examples of these animal-​related products include “litter boxes for pets” (Basic No. 210306), “mouse traps” (Basic No. 210216), “nest eggs, artificial” (Basic No. 210164), “cages for household pets” (Basic No. 210302), “poultry rings” (Basic No. 210011), and “feeding troughs” (Basic No. 210002). Similarly, the terms “containers” and “utensils” are granted liberal scope in the area of household items, and they bring into the class not only items such as “containers for household or kitchen use” (Basic No. 210199) and “corkscrews, electric and non-​electric” (Basic No. 210043), but also “chamber pots” (Basic No. 210192), “garbage cans” (Basic No. 210194), “flower pots” (Basic No. 210133), and “watering cans” (Basic No. 210016). The widest range of items classified in Class 21 is in the area of cookware and tableware. All types of non-​electric cooking utensils, from “pots” (Basic No. 210153) and “frying pans” (Basic No. 210136) to “griddles [cooking utensils]” (Basic No. 210145) and “waffle irons, non-​electric” (Basic No. 210309), are included in the class, as are eating utensils, such as “dishes” (Basic No. 210208), “drinking glasses” (Basic No. 210319), and serving utensils used at the table. The exception to this latter category of included items are place settings composed of knives, forks, and spoons, which are classified in Class 8: “tableware [knives, forks and spoons]” (Basic No. 080059). Also, note that “paper plates” (Basic No. 210173) and “cups of paper or plastic” (Basic No. 210318) are classified in Class 21, rather than in Class 16, as a paper product.

6 17

Class 21

167

combs and sponges; brushes, except paintbrushes; brush-​making materials The next few items in the Class Heading can be discussed together because they are related; they are “combs and sponges; brushes, except paintbrushes; brush-​ making materials.” These items are unambiguous and their inclusion in Class 21 is exhaustive, except for the stated exception of “paintbrushes” (Basic No. 160273) that are in Class 16. Combs and brushes for grooming people or animals and sponges of all types, except those for medical purposes in Class 5 or 10, and all materials for making brushes are included in Class 21. The inclusion of “brush-​making materials” may seem incongruous. However, because brushes are in the class, it makes sense also to include the materials used to make the brushes. An example of such an inclusion is “animal bristles [brushware]” (Basic No. 210010). This particular item could be classified in various other classes, such as Class 20 that includes “animal horns” (Basic No. 200035) or Class 22 that includes other animal products such as “feathers for stuffing upholstery” (Basic No. 220064) and “animal hair” (Basic No. 220065). Specific inclusion of “animal bristles [brushware]” in Class 21 eliminates the possibility of misclassification of these goods elsewhere.

articles for cleaning purposes “Brushes*” (Basic No. 210014)  and “sponges for household purposes” (Basic No. 210280) also are related to the next two items in the Class Heading, namely, “articles for cleaning purposes.” Here, too, the inclusion of items described by this termin­ ology is quite exhaustive. “Brooms” (Basic No. 210020), “carpet sweepers” (Basic No. 210021), “dusting cloths [rags]” (Basic No. 210282), “chamois leather for cleaning” (Basic No. 210263), “gloves for household purposes” (Basic No. 210290), and other non-​electric cleaning items all are classified in Class 21, even though their material composition could dictate their classification elsewhere. For example, cleaning leather could be classified in Class 18, the class for leather goods; cloths could be classified in Class 24, the class for textile items; and household gloves could be classified in Class 25, the class for clothing. All of these items logically could be classified outside of Class 21 were it not for the far-​reaching scope of this entry in the Class Heading. Note that “steel wool for cleaning” (Basic No. 210005)  is included in this class owing to its cleaning purpose, rather than in Class 6 because of its metallic material composition.

unworked or semi-​worked glass, except BUILDING glass “Unworked or semi-​worked glass, except building glass” is the next item in the Class Heading. Its inclusion is a bit anomalous because, generally, this class covers finished products. However, finished glassware items also are included in the class, so, perhaps, it is not inconsistent to find glass in its unrefined or unfinished state included in the class. Other than the general entry in the Alphabetical List for “glass, unworked or semi-​worked, except building glass” (Basic No. 210149)  there are relatively few specific entries covering this area. Some entries that do appear in the

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International Trademark Classification

Alphabetical List include, “glass wool other than for insulation” (Basic No. 210152), “glass for vehicle windows [semi-​finished product]” (Basic No. 210231) (see discussion in Class 12 concerning this item), “plate glass [raw material]” (Basic No. 210143), “vitreous silica fibers [fibres], not for textile use” (Basic No. 210283), and a number of entries for fiberglass other than for insulation or textile use. It should be noted that “glass incorporating fine electrical conductors” (Basic No. 210229) is classified in Class 21. Whereas “conductors, electric” (Basic No. 090141)  are in Class 9, the glass element of the Class 21 entry dominates over the electrical conductor element of the goods. Therefore, they are classified in Class 21, whereas the conductors themselves are in Class 9. These unfinished glass items do not make up a large proportion of the goods included in Class 21, but it is important to remember that these products are classified in this class rather than in other classes that may seem equally appropriate.

glassware, porcelain and earthenware Most items made from glassware, porcelain, and earthenware are classified in Class 21, unless there is a clear reason to classify goods made from these materials in other classes, for example, medical purposes, as in Class 10. Indeed, it makes sense to include items made from these materials in this class, because these materials form the primary composition of items classified in Class 21 and based on their function as, for example, “table plates” (Basic No. 210235) and “drinking glasses” (Basic No. 210319) or “mugs” (Basic No. 210232). Thus, decorative items made from glassware, porcelain, and earthenware logically are classified in Class 21, such as “statues of porcelain, ceramic, earthenware, or glass” (Basic No. 210217). Note that this class includes items that are used in association with goods that are clearly classified in Class 21. Some examples of items that are classified in Class 21 by virtue of this “association” concept would include “spouts” (Basic No. 210027) that are used with “bottles” (Basic No. 210045) or “watering cans” (Basic No. 210016) that are used with “flower pots” (Basic No. 210133).

b. explanatory note Class 21 includes mainly small, hand-​operated utensils and apparatus for household and kitchen use, as well as toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware or glass. This Class includes, in particular: •  utensils and containers for household and kitchen use, for example, fly swatters, bread boards, corkscrews, cocktail shakers, piggy banks, pails, cooking pots and pans This Explanatory Note states that the class includes “utensils and containers for household and kitchen use.” This broad language allows for a wide variety of household and kitchen items to be included in the class. It also causes some conflict with goods that are included in Class 8, as discussed previously at length.

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Class 21

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The examples given in the Explanatory Note are extremely helpful to define the range and type of utensils and containers that are included in Class 21. “Pails” (Basic No. 210023), “cooking pots” (Basic No. 210101), and “frying pans” (Basic No. 210136) are fairly obvious because they are clearly containers for household and kitchen use. Similarly, “fly swatters” (Basic No. 210069), “bread boards” (Basic No. 210169), “corkscrews, electric and non-​electric” (Basic No. 210043), and “cocktail shakers” (Basic No. 210082) are clearly utensils for household and kitchen use. Note that corkscrews are in Class 21 regardless of whether they are electric or non-​electric. This is NOT true of most non-​electric kitchen items in Class 21. The majority of the items in Class 21that could be in an electric or non-​electric form are in Class 21 only when they are non-​electric. When they are powered by electricity, most are in Class 7, when the purpose of the electricity is not to generate heat, or Class 11, when the purpose of the electricity is to generate heat. The only other exception to this in the area of kitchen and household utensils is “bottle openers, electric and non-​electric” (Basic No. 210048). This makes sense because the corkscrews are in Class 21 whether they are electric or non-​electric. As a closely related item to corkscrews, bottle openers are in Class 21 whether they are electric or non-​electric. This leaves the interesting item included in the Explanatory Note:  “piggy banks” (Basic No. 210224). This item could be classified in Class 28, as an object of amusement because a bank in the form of a pig is whimsical and amusing. However, other containers for coins are in Class 21, namely, “coin banks” (Basic No. 210376). Since a piggy bank—​or a bank for holding coins of any shape or form—​is simply a coin bank, which is clearly in Class 21 as a household container, this Explanatory Note and the entry of piggy banks in the Alphabetical List make it clear that this type of item is in Class 21 and not in Class 28. This Class includes, in particular: • small hand-​operated kitchen apparatus for mincing, grinding, pressing or crushing, for example, garlic presses, nutcrackers, pestles and mortars This Explanatory Note covers many items that are included in Class 21 and used in the kitchen. The examples are very helpful in determining when an item is in Class 21 and when it is in Class 7 or Class 8. Certainly, Class 7 is not an option for most of these items because the Explanatory Note indicates that they must be handoperated, which means that they are operated with hand power and not electricity. The purposes for the apparatus given in the Explanatory Note are important, too. Note that it does not include cutting or chopping. Apparatus for cutting or chopping are in Class 8 unless they are considered machines in Class 7. Thus, “meat mincers [machines]” (Basic No. 070211) are in Class 7 because the entry designates them as a machine, whereas “mincing knives [hand tools]” (Basic No. 080236) are in Class 8 because the entry designates them as hand tools. There are no mincing utensils in the Alphabetical List in Class 21, and the only cutting utensils are “pastry cutters” (Basic No. 210328) that are not used for cutting but rather for blending pastry ingredients together, and “cookie [biscuit] cutters” (Basic No. 210316), which is

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International Trademark Classification

more of a cooking mold than a cutting utensil. There are other “molds [kitchen utensils]” (Basic No. 21079) in Class 21 that support the cookie cutters being in this class as a form of a “cookery molds [moulds]” (Basic No. 210103). This Class includes, in particular: • serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles The items in this Explanatory Note could be considered hand tools in Class 8. This Note makes it clear that they are kitchen utensils in Class 21. In fact, until the eleventh edition of the Nice Agreement, “sugar tongs” (Basic No. 210388) had been classified in Class 8. Based on this transfer, “ice tongs” (Basic No. 210381) was added to the Alphabetical List in the eleventh edition of the Nice Agreement. Similarly, “ladles for serving wine” (Basic No. 210390) was transferred from Class 8 to Class 21 in the eleventh edition of the Nice Agreement, thereby allowing the addition of “serving ladles” (Basic No. 210383) to the Alphabetical List in Class 21. “Pie servers” (Basic No. 210177) were in Class 21 before the eleventh edition of the Nice Agreement, but they are included in this Explanatory Note because, as the leading phrase of the note indicates, they are serving utensils. This Class includes, in particular: •  combs, electric and non-​electric •  toothbrushes, electric and non-​electric These inclusions are specified in the Explanatory Note for Class 21, as well as in the Alphabetical List. It is understandable that these goods are classified with their non-​electric counterparts, particularly because Class 9 no longer includes items simply when they are powered by electricity, whereas their non-​electric counterparts are classified in another class. However, as indicated above, there is a limited number of electric and non-​electric utensils in Class 21. Besides “electric combs” (Basic No. 210076) and “toothbrushes, electric” (Basic No. 210276), “lint removers, electric and non-​electric” (Basic No. 210377), “electric devices for attracting and killing insects” (Basic No. 210345), and “electric brushes, except as parts of machines” (Basic No. 210251) are other items that are powered by electricity that are classified in Class 21. This Class includes, in particular: • dish stands and decanter stands There are a number of stands that are classified in Class 20 because they are considered items of furniture. This Explanatory Note indicates that stands that are specially adapted to hold Class 21 items are in Class 21, not in Class 20. Other stands that are specially adapted to hold items in specific classes are also in the class of the items they hold—​for example, “stands for pens and pencils” (Basic No. 160281)

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Class 21

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are in Class 16, “stands for musical instruments” (Basic No. 150088) are in Class 15, and “stands for photographic apparatus” (Basic No. 090391) are in Class 9—​ because pens and pencils, musical instruments, and photographic apparatus are classified in Classes 16, 15, and 9, respectively. Because “dishes” (Basic No. 210208) and “decanters” (Basic No. 210063) are in Class 21, stands that are specially adapted for holding them are in Class 21 as well. There are no entries in the Alphabetical List for stands for decanters or dishes, so the only guidance for classification of these goods is this Explanatory Note inclusion. This Class does not include, in particular: •  cleaning preparations (Cl. 3) These cleaning preparations are specifically excluded from Class 21, although the utensils with which they are used are classified in Class 21. This Class does not include, in particular: •  small apparatus for mincing, grinding, pressing or crushing, which are driven by electricity (Cl. 7) “Small apparatus for mincing, grinding, pressing or crushing, which are driven by electricity” is classified in Class 7, whereas, as indicated above, the non-​electric counterparts are included in Class 21. When classifying an electrical item that could be in Class 21, were it not electrically powered, the Alphabetical List should be consulted, because the classification of such electrical items does not follow a consistent pattern under the Nice Agreement. This Class does not include, in particular: •  razors and shaving apparatus, hair and nail clippers, implements for manicure and pedicure, electric and non-​electric, for example, manicure sets, emery boards, cuticle nippers (Cl. 8) These items are commonly used in the home and reasonably could be classified in Class 21, were it not for this Explanatory Note. They are hand-​operated hand tools and implements and, as such, are classified in Class 8. This causes some confusion, because other articles used for personal hygiene, such as brushes and combs, are classified in Class 21. However, the characterization of these goods as hand instruments is controlling, and their classification in Class 8 is confirmed by this note. This Class does not include, in particular: •  table cutlery (Cl. 8) Because table cutlery could be considered kitchen or household utensils in Class 21, this specific exclusion is extremely important because it makes it clear that “table

721

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International Trademark Classification

cutlery [knives, forks and spoons]” (Basic No. 080059) used to eat with, are in Class 8. This exclusion from Class 21 has caused confusion over the years. See the discussion in Class 8 concerning these goods for further information on this subject. This Class does not include, in particular: •  lice combs, tongue scrapers (Cl. 10) While most personal grooming combs are in Class 21, “lice combs” (Basic No. 100229) are set forth in this Explanatory Note as an exception to the inclusion of combs in Class 21 because they serve a specific medical purpose, namely, ridding hair of lice. In fact, the entry for “combs*” (Basic No. 210076) includes an asterisk to indicate that, whereas the majority of combs are in Class 21, there are combs in other classes, lice combs in Class 10 being one of them. “Tongue scrapers” (Basic No. 100070)  are also in Class 10 rather than in Class 21, along with other oral hygiene apparatus, such as “toothbrushes” (Basic No. 210250), because they perform a medical function and are in the form of scrapers. And, unlike the lice combs that could be in Class 21 because other personal care combs are classified in Class 21, there are no scrapers in Class 21. However, because of their relationship with toothbrushes as an oral hygiene appliance, this Explanatory Note makes it quite clear that tongue scrapers are not to be classified in Class 21 with the toothbrushes. This Class does not include, in particular: •  cooking utensils, electric (Cl. 11) “Cooking utensils, electric” (Basic No. 110107) are classified in Class 11 (note that these items are different from the electrical food-​preparation apparatus in Class 7), but non-​electric cooking utensils (Basic No. 210274) are classified in Class 21. This difference is exemplified by the entries for “griddles [cooking appliances]” and “grills [cooking appliances]” (Basic No. 110172 for both appliances), which are included in Class 11, whereas “griddles [cooking utensils]” and “grills [cooking utensils]” (Basic No. 210145 for both utensils) are classified in Class 21. The difference between the cooking-​related goods in Class 11 and the cooking-​related goods in Class 21 is whether they have an integrated heating source or not. For example, “kettles, electric” (Basic No. 110303) are in Class 11, whereas “kettles, non-​electric” (Basic No. 210246) are in Class 21. This Class does not include, in particular: •  toilet mirrors (Cl. 20) “Hand-​held mirrors [toilet mirrors]” (Basic No. 200274) are classified in Class 20, a point that also is emphasized in the Explanatory Note for Class 20. Even though other toilet utensils and glass objects are included in Class 21, by virtue of both the

731 

Class 21

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Explanatory Note for Class 21 and specific entries in the Alphabetical List, these relatively small mirrors for personal use are classified in Class 20. This Class does not include, in particular: •  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 (Cl. 17), earthenware tiles (Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 22) Generally, goods made of glass, porcelain, and earthenware are classified in Class 21. However, as in many other situations, goods that have specialized or particular uses are classified in other classes, regardless of their material composition. Some examples of these goods are included in the Explanatory Note for guidance.

c. supplemental commentary “Steel wool for cleaning” (Basic No. 210005) This clearly is a metallic item, but it is not classified in Class 6 with other items of metal. It is included in Class 21, because it specifically is used for cleaning purposes. Like cloths for cleaning, the material composition of this item does not control its classification. The function of the item determines its classification, so it is classified with other articles for cleaning. “Fitted vanity cases” (Basic No. 210115) “Vanity cases, not fitted” (Basic No. 180093) are classified in Class 18, with other “travelling bags” (Basic No. 180078), if they are sold empty. However, a fitted vanity case is one that is filled with items normally found in a vanity case, and because many of the items found in a fitted vanity case are classified in Class 21, the fitted vanity case itself is an entry in the Alphabetical List in Class 21. The types of items usually found in a fitted vanity case include “brushes*” (Basic No. 210014), “combs*” (Basic No. 210076), “toothbrushes” (Basic No. 210250), and “soap holders” (Basic No. 210191), among other things. Because these items are classified in Class 21, the fitted vanity case is classified in the same class as the class of the goods it contains. “Disposable table plates” (Basic No. 210333) Clearly, this item appropriately is classified in Class 21, because both “paper plates” (Basic No. 210173) and more traditional “table plates” (Basic No. 210235) made from materials, such as porcelain and earthenware, are classified in Class 21, based on their entries in the Alphabetical List. Likewise, based on this entry, plastic plates correctly are included in Class 21.

174

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International Trademark Classification

Goods made of precious metal Class 21 was most affected by the change in approach to the classification of goods made of precious metal that was made in the ninth edition of the Nice Agreement. Many of the items that previously had been classified in Class 14 when made of precious metal included household utensils like bowls, trays, tea sets, oil and vinegar cruets, candlesticks, and other such items. Simultaneously, those goods had counterpart entries in Class 21 for the same items when not made of precious metal. Essentially, the ninth edition of the Nice Agreement deleted all references to the phrases “not made of precious metal” and “not of precious metal” that had accompanied the descriptions of goods classified in Class 21. The goods are household utensils and similar articles, and now are classified in Class 21, only they are no longer classified in any other class according to their mater­ ial composition. The exceptions, as in Class 14, include those goods that do not have a classification based on their function, such as statues and boxes. The classification of these kinds of goods is always controlled by their material compos­ ition. Therefore, “statues of common metal” (Basic No. 060244) are classified in Class 6, “statues of precious metal” (Basic No. 140096) are classified in Class 14, “statues of stone, concrete or marble” (Basic No. 190170) are included in Class 19, and so on. Even though this change in approach to the classification of goods made of precious metal has existed for about ten years, it bears repeating so errors are not made in the classification of goods that could be made of precious metal that are in Class 21 regardless of their material composition. An example of this is “tea services [tableware]” (Basic No. 210209) in Class 21. Tea services often include silver pieces, such as the teapot itself or sugar tongs. However, “tea pots” (Basic No. 210222) and “sugar tongs” (Basic No. 210388) are in the Alphabetical List in Class 21 only without reference to their material composition. Thus, teapots, sugar tongs, and full tea services are in Class 21, regardless of their material composition.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 The most significant change to come about in the eleventh edition of the Alphabetical List is the transfer of certain handheld apparatus from Class 8 to Class 21 because they were recognized as being household and kitchen utensils rather than hand-​operated tools or appliances. This was discussed above. It may seem relatively minor, but these transfers signal the possibility of the reclassification of table cutlery from Class 8 to Class 21. While there is justification for table cutlery in Class 8 because they could be considered hand-​operated tools or apparatus, they are more akin to the items household and kitchen utensils that are in Class 21 that relate to eating or serving food.

7 15

CLASS 22 OFFICIAL TEXT Class Heading 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 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, bags for washing hosiery, 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).

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International Trademark Classification

Interpretation a. class heading This class is the first in the series of textile-​related classes, which also includes Classes 23, 24, and 25. The progression through these classes is logical, beginning with Class 22, which covers textiles in their most unfinished state, namely, fibers. It also covers some finished goods that are not well classified in any of the other textile classes. These items are set forth in the Class Heading and are discussed below.

ropes and string; nets; tents AND tarpaulinS; AWNINGS OF TEXTILE or SYNTHETIC MATERIALS; sails; sacks for the transport and storage of materials in bulk “Ropes*” (Basic No. 220021) and “string” (Basic No. 220035) are in Class 22, unless they are made from materials that must be classified in another class, for example, “ropes of metal” (Basic No. 060341) in Class 6 and “cords of rubber” (Basic No. 170031) in Class 17, or if they have a very specific use that dictates classification in a class other than Class 22, for example, “strings for musical instruments” (Basic No. 150028) in Class 15 and “strings for rackets” (Basic No. 280042) in Class 28. “Nets*” (Basic No. 220094), “tents” (Basic No. 220071), “awnings of textile” (Basic No. 220058), “tarpaulins” (Basic No. 220002), and “sails” (Basic No. 220059), generally, also are classified in Class 22. When appropriate, some net products are found in other classes, but these products, as with ropes and string, are only in other classes if they have a distinct, specialized use. One example is “mosquito nets” (Basic No. 240079), which are classified in Class 24 owing to their close relationship with bed linens in Class 24. “Sacks for the transport and storage of materials in bulk” (Basic No. 220068)  as are “bags [envelopes, pouches] of textile, for packaging” (Basic No. 220069) are in Class 22 because of the added specification that indicates that they are for commercial or industrial use. There are sacks and bags in Class 18 because that is the class for traveling and carrying bags, but the sacks and bags in Class 18 are usually for personal use and not for commercial or industrial use. Also, bags made of material other than textile are found in other classes: for example, “bags [envelopes, pouches] of paper or plastics, for packaging” (Basic No. 160246) in Class 16 and “bags [envelopes, pouches] of rubber for packaging” (Basic No. 170077) in Class 17. Also, bags for specialized purposes are in various classes according to the classification of the purpose, for example, “confectioners’ decorating bags [pastry bags]” (Basic No. 210315), “cricket bags” (Basic No. 280047), and “bags adapted for laptops” (Basic No. 090709). However, “bags [envelopes, pouches] of textile, for packaging” (Basic

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177

No. 22069)  are in Class 22, owing to their material composition and their general commercial or industrial purpose.

padding, CUSHIONING and stuffing materials, except of paper, cardboard, rubber or plastics The “padding, cushioning and stuffing materials” referred to in the Class Heading are similar in function to the packing and stopping materials classified in Classes 16 and 17. However, as specified in the Class Heading, the items included in this class are not made of paper, cardboard, rubber, or plastics. This leaves all of the “natural” stuffing material for classification in Class 22, such as “feathers for stuffing upholstery” (Basic No. 220064), “kapok” (Basic No. 220047), and “upholstery wool [stuffing]” (Basic No. 220033).

raw fibrous textile materials AND SUBSTITUTES THEREFOR Finally, “raw fibrous textile materials and substitutes therefor” are classified in Class 22. This language begins the journey that ends with finished clothing in Class 25. Thus, the fibers that are made into yarns and threads (Class 23), which are then made into flat textiles (Class 24), and end up as finished clothing (Class 25), initially are classified in Class 22. Some examples of these raw textile goods are “camel hair” (Basic No. 220012), “ramie fibre” (Basic No. 220066), “raw cotton” (Basic No. 220025), and “combed wool” (Basic No. 220052). Also, fibers made from materials not found in nature, but that are used for textile purposes, are classified in this class, such as “glass fibers [fibres] for textile use” (Basic No. 220093), “plastic fibers [fibres] for textile use” (Basic No. 220092), and “vitreous silica fibers [fibres] for textile use” (Basic No. 220037).

b. explanatory note Class 22 includes mainly canvas and other materials for making sails, rope, padding 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 As indicated above, Class 22 includes all cords and twine, unless they are made from materials not listed in this Explanatory Note, or they perform a highly specialized function. This Explanatory Note adds cords and twines to the ropes and string that are set out in the Class Heading and specifies the broad range of mater­ ials from which these goods may be made and still be included in Class 22. Were it not for this note, paper cord or twine mistakenly might be classified in Class 16, and plastic cord or twine in Class 20. It is reasonable to include goods of this type in Class 22, especially when they are made from these materials, and because

718

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International Trademark Classification

they rarely perform a specialized function, unlike the “cords of rubber” (Basic No. 170031) in Class 17 or “ropes of metal” (Basic No. 060341) in Class 6 that are referred to in the Alphabetical List. This Class includes, in particular: • fishing nets, hammocks, rope ladders Fishing nets, hammocks, and rope ladders are pointed out in this Explanatory Note because they are an example of finished goods for specific uses that are classified in Class 22. Many items in Class 22 have a generalized use, usually in the industrial or commercial area, or they are unfinished or unprocessed fibers that will be used in further manufacture. However, all of the goods in this Explanatory Note are finished goods that are nets or made of rope and those are both items that are set forth in the Class Heading of this class. “Fishing nets” (Basic No. 220011) are clearly nets and, therefore, are properly in Class 22. Note that these are nets used by commercial fishers. “Landing nets for anglers” (Basic No. 280060) are considered fishing tackle and are, therefore, classified in Class 28. “Hammocks” (Basic No. 220043) can be considered either a net or a rope product. And “rope ladders” (Basic No. 220023) are a finished rope product. It should be noted that ladders are consistently classified by material composition throughout the Nice Agreement. This Class includes, in particular: • vehicle covers, not fitted “Vehicle covers, not fitted” (Basic No. 220075) are essentially tarpaulins that are set out in the Class Heading for Class 22. This Explanatory Note is included to avoid classification of this item in Class 12 because it is intended for use on a vehicle. However, “vehicle covers [shaped]” (Basic No. 120224) are in Class 12, with the vehicles themselves, because they are expressly fitted or “shaped” to the vehicles. This Class includes, in particular: • certain sacks and bags not otherwise classified by function or purpose, for example, bags for washing hosiery, body bags, mail bags As indicated above, there are sacks and bags that are classified in classes other than Class 22. Generally, the sacks and bags found in Class 22 are used for commercial and industrial transport or storage purposes. However, some sacks and bags are included in Class 22, even though they are not for commercial or industrial purposes. Some examples of such bags are set out in this Explanatory Note, namely, “bags for washing hosiery” (Basic No. 220106), “body bags” (Basic No. 220107), and “mail bags” (Basic No. 220104). Note that sacks and bags that are used for other purposes are classified in other classes based on their material composition, such as Class 16, Class 18, or Class 24. See the examples given above in the Class

791 

Class 22

179

Heading discussion and below in the specific exclusion Explanatory Note concerning nets and bags. This Class includes, in particular: • packaging bags of textile As indicated in the Class Heading reiterated in this Explanatory Note, packaging bags that are made from textile are in Class 22, based on their material compos­ ition and because they are for packaging purposes. This Class includes, in particular: • animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or treated wool, raw silk As set forth in the Class Heading, “raw fibrous textile” (Basic No. 220010) are in Class 22. This Explanatory Note gives some specific examples of such fibers. Perhaps the one item to pay particular attention to is animal fibers. The item animal fibers is not an entry in the Alphabetical List in any class; however, “pig bristles*” (Basic No. 220114), “horsehair*” (Basic No. 220027), and “wool flock” (Basic No. 220041) are all in Class 22. The other items in the Explanatory Note, namely, “cocoons” (Basic No. 220019), “jute” (Basic No. 220046), “raw or treated wool” (Basic No. 220050), and “raw silk” (Basic No. 220008) are all excellent examples of some of the textile fibers that are in the Alphabetical List in Class 22. This Class does not include, in particular: •  metal ropes (Cl. 6) Much emphasis is put on material composition controlling classification of items in Class 22. Therefore, it should be no surprise that metal rope is not in Class 22 with other rope and rope products but rather is in Class 6 with other metal items. This Explanatory Note makes it quite clear that rope made of materials other than those that are in Class 22 are in the class of the component material such as these “ropes of metal” (Basic No. 060341). This Class does not include, in particular: •  strings for musical instruments (Cl. 15) and for sports rackets (Cl. 28) Owing to their highly specialized nature, “strings for musical instruments” (Basic No. 150028) are not classified in Class 22; rather, they are included in Class 15 with the musical instruments themselves. The same is true for “strings for rackets” (Basic No. 280042)  in Class 28. These are understandable exclusions from Class 22.

810

180

International Trademark Classification

This Class does not include, in particular: •  padding and stuffing materials of paper or cardboard (Cl. 16), rubber or plastics (Cl. 17) Only “packing [cushioning, stuffing] materials, not of rubber, plastics, paper or cardboard” (Basic No. 220031) are in Class 22. This would include items such as “upholstery wool [stuffing]” (Basic No. 220033), “flock [stuffing]” Basic No. 220007), and “feathers for stuffing upholstery” (Basic No. 220064). This Class does not include, in particular: •  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) Most nets and bags made of textile are in Class 22 unless another specific function overrides material composition as the main classification factor. This Explanatory Note gives some examples of nets and bags that are classified by their purposes and are not in Class 22 based on their material composition. Those examples are “hair nets” (Basic No. 260042) in Class 26, “safety nets” (Basic No. 090260) in Class 9, “luggage nets for vehicles” (Basic No. 120123) in Class 12, “garment bags for travel” (Basic No. 180111) in Class 18, “golf bags, with or without wheels” (Basic No. 280061) in Class 28, and “nets for sports” (Basic No. 280064) in Class 28. This Class does not include, in particular: •  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) As indicated in the Class Heading and specific inclusion Explanatory Note concerning sacks and bags above and reiterated in this Explanatory Note, packaging bags that are not made from textile are in the classes of their mater­ial composition.

8 1

CLASS 23 OFFICIAL TEXT Class Heading Yarns and threads, for textile use.

Interpretation This is the only class in the List of Classes that does not have an Explanatory Note. It comprises only this simple Class Heading.

a. class heading yarns and threads, for textile use From Class 22, raw fibrous textile materials, the series of textile-​related classes moves on to “yarns and threads, for textile use.” This is, by far, the simplest class in the Nice Classification system. It covers only yarns and threads, either natural or synthetic, so long as they are for textile-​related use. Thus, not only are the expected cotton, silk, and woollen threads and yarns (Basic Nos. 230002, 230007, and 230004, respectively) classified in this class, but so, too, are the fiberglass, elastic, rubber, and plastic threads or yarns (Basic Nos. 230017, 230019, 230018, and 230020). However, if a thread or yarn from the latter group is to be classified in Class 23, it also must include a specification that it is for textile use. The Alphabetical List sets forth a number of threads that are classified in classes other than Class 23, but their uses are specified to justify their classification. Some examples of these include, “threads of plastic for soldering” (Basic No. 170047) and “elastic yarns, not for use in textiles” (Basic No. 170038) in Class 17, and “identification threads for electric wires” (Basic No. 090293) in Class 9. However, any thread that is for textile use is classified in Class 23 with few exceptions.

821

CLASS 24 OFFICIAL TEXT Class Heading 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).

Interpretation As stated in the Class Heading, this class is for “textiles and textile goods, not included in other classes” as well as bed and table covers. Generally, this means that fabric intended for traditional textile uses are classified in this class, as are flat finished goods made of textile.

a. class heading textiles and SUBSTITUES FOR TEXTILES Unfinished textiles or piece goods are classified in this class. From “silk [cloth]” (Basic No. 240088) to “cotton fabrics” (Basic No. 240028), there are no

831 

Class 24

183

exceptions, so long as the textile is put to traditional textile uses. There are also a number of textile substitutes that are included in this class. “Plastic material [substitute for fabric]” (Basic No. 240081) is classified in this class; therefore, most textile items are in this class when they are made from plastic. It should be noted that “oilcloth for use as tablecloths” (Basic No. 240025) also is included in Class 24. Certain goods made from textiles also are classified in Class 24. These include not only unfinished piece goods of textile but also finished items that are neither considered “clothing*” (Basic No. 250045) in Class 25 nor textile items that would be classified in another class. Some examples of these goods include, “curtains of textile or plastic” (Basic No. 240085), “flags of textile or plastic” (Basic No. 240042), “handkerchiefs of textile” (Basic No. 240078), “mosquito nets” (Basic No. 240079), “printers blankets of textile” (Basic No. 240106), “shrouds” (Basic No. 240041), and “wall hangings of textile” (Basic No. 240103).

HOUSEHOLD LINEN “Household linen” (Basic No. 240071) introduces a number of finished items into this class. In order to determine the types of goods appropriately classified in Class 24, it is imperative to consider the singular word, flat. By considering this word in association with a particular fabric item, if that item lies flat, that is, if it can be folded up and stored on a shelf, it is classified in Class 24. Of course, based on the Class Heading, household linen items, such as “bedspreads” (Basic No. 240029), “coasters [table linen]” (Basic No. 240096), “pillowcases” (Basic No. 240080), and “bed linen”” (Basic No. 240068) are classified in Class 24. However, note that “pillows” (Basic No. 200157) and “mattresses*” (Basic No. 200079), both of which are related to pillowcases and bed linen, are classified in Class 20.

curtains of textile or plastic “Curtains of textile or plastic” may seem not significant enough to be a Class Heading, but there is no other class in which these curtains would be appropriately classified. Therefore, setting them out as an item in the Class Heading is important. Also, the limitation that only “curtains of textile or plastic” (Basic No. 240085) is important. Other curtains made of other materials and for purposes other than window treatments are in classes other than Class 24, for example, “asbestos safety curtains” (Basic No. 170003) in Class 17 and “bead curtains for decoration” (Basic No. 200167) in Class 20. Also, most curtain hardware is in Class 20, but it would not be in keeping with the classification pattern of like items being classified in the same class for curtains to be in the same class as curtain hardware. The goods are related but they are fundamentally and functionally very different goods. The curtains of textile or plastic are appropriately classified in Class 24.

814

184

International Trademark Classification

b. 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 The main idea of this Explanatory Note is set out in the examples given. However, those examples exemplify bed linen and linen that can be used in bathrooms or kitchens, namely, “towels of textile” (Basic No. 240072). Dining linen is also included in the phrase “household linen,” and this is borne out by the entries in the Alphabetical List such as “table napkins of textile” (Basic No. 240076), “tablemats of textile” (Basic No. 240097), and the very broad entry for “table linen, not of paper” (Basic No. 240070). There are very few exceptions to this. It can be said that all household linen made of textile is in Class 24. This Class includes, in particular: •  bed linen of paper The only paper item designated as a Class 24 good in the Alphabetical List is “bed covers of paper” (Basic No. 240032). Other Class 24 items, when made from paper, are usually found in Class 16, for example, “towels of paper” (Basic No. 160306), “flags of paper” (Basic No. 160286), and “napkins of paper for removing make-​up” (Basic No. 160294). The fabric counterparts for these three items are classified in Class 24. It is not clear why paper bed covers are included in this class, whereas other Class 24 items made from paper are classified in Class 16. However, “bed covers of paper” (Basic No. 240032) is the only exception that explicitly appears in the Alphabetical List and should be treated as just that, an exception. Because it is such an anomaly, it is set forth as a specific inclusion in the Explanatory Note. This Class includes, in particular: •  sleeping bags, sleeping bag liners In previous editions of the Nice Agreement, sleeping bags for camping were in Class 20 by analogy with “beds*” (Basic No. 200102). However, sleeping bags are not beds, and the eleventh edition of the Nice Agreement changed the entry to read just “sleeping bags” and transferred them to Class 24, where they are more appropriately analogized to “bed covers” (Basic No. 240029). “Sleeping bag liners” (Basic No. 240100) are fitted to the sleeping bags so they are classified in Class 24 as well.

851 

Class 24

185

This Class includes, in particular: •  mosquito nets It is important to bring the classification of “mosquito nets” (Basic No. 240079) in Class 24 into focus in an Explanatory Note. Most nets, even finished goods such as “animal feeding nets” (Basic No. 220113) are in Class 22. However, mosquito nets are in Class 24, owing to their close relationship with bed linens in Class 24. They are usually hung over a bed and could even be considered a type of bed linen made of netting. This Class does not include, in particular: •  electrically heated blankets, for medical purposes (Cl. 10) and not for medical purposes (Cl. 11) “Bed blankets” (Basic No. 240114), generally, are classified in Class 24. However, the above two exceptions to this rule are reasonable. “Blankets, electric, for medical purposes” (Basic No. 100191) are highly specialized items and, appropriately, are classified with other medical apparatus in Class 10. “Blankets, electric, not for medical purposes” (Basic No. 110305) are well classified in Class 11 with other heating apparatus. Bed blankets that are simply textile bed covers are classified in Class 24. This Class does not include, in particular: •  table linen of paper (Cl. 16) Unlike the “bed covers of paper” (Basic No. 240029) that is included in Class 24, “table linen of paper” (Basic No. 160186) is specifically excluded from Class 24 and included in Class 16. The reason for this different treatment is unclear. However, since “table napkins of paper” (Basic No. 160295) are classified in Class 16, it makes sense for table linen of paper to be classified in the same class. This Class does not include, in particular: •  asbestos safety curtains (Cl. 17), bamboo curtains and bead curtains for decoration (Cl. 20) As indicated in a specific inclusion in Class 24, in an Explanatory Note above, “curtains of textile or plastic” (Basic No. 240085) are in class 24. However, three noteworthy exceptions are set forth in this Explanatory Note. These are not window or door treatments as curtains in Class 24 are. They serve very different purposes and, in the case of “asbestos safety curtains” (Basic No. 170003) are made from a substance that is not in Class 24. They are in Class 17 and are set out in this specific exclusion from Class 24 to avoid their misclassification in this class.

861

186

International Trademark Classification

This Class does not include, in particular: •  horse blankets (Cl. 18) Because, as indicated above, most blankets are classified in Class 24, a special exception must be stated for horse blankets. “Horse blankets” (Basic No. 180026), although fitting within most of the Class 24 guidelines, are classified in Class 18, as saddlery accessories. This Class does not include, in particular: •  certain textiles and fabrics for specific uses, for example, fabrics for bookbinding (Cl. 16), insulating fabrics (Cl. 17), geotextiles (Cl. 19) As in many other classes, items that normally would be included within the scope of a Class Heading are classified in other classes based on their function or material composition, when their use or material composition is highly specialized to perform a particular task; and, so it is with Class 24. As indicated above, most textiles are in Class 24, unless they have a highly specialized purpose. These exceptions to the Class 24 classification are listed in the Alphabetical List. Some examples of textiles or fabrics that are classified in classes other than Class 24 are set forth in this Explanatory Note, namely, “insulating fabrics” (Basic No. 170056) in Class 17, “fabrics for bookbinding” (Basic No. 160150) in Class 16, and “geotextiles” (Basic No. 190236) in Class 19.

8 17

CLASS 25 OFFICIAL TEXT Class Heading Clothing, footwear, headgear. Explanatory Note This Class does not include, in particular: • certain clothing and footwear for special use (consult the Alphabetical List of Goods).

Interpretation a. class heading The final class in the textile family, Class 25, is not difficult to understand or interpret. Its application is as simple as its Class Heading: “clothing*” (Basic No. 250045), “footwear*” (Basic No. 250003), and “headgear for wear” (Basic No. 250047).

clothing, footwear, headgear Virtually all clothing is classified in Class 25. As in many other areas, clothing, footwear, and headgear that are specially adapted for a particular use are classified in the class related to that special use. This exception is, in fact, the only Explanatory Note for Class 25. Other than the specialized clothing that is listed in other classes in the Alphabetical List, articles of clothing, footwear, and headgear are classified in Class 25.

b. explanatory note This Class does not include, in particular: •  certain clothing and footwear for special use (consult the Alphabetical List of Goods) It is always advisable to consult the Alphabetical List for exceptions to the items generally included in any given class. In the case of Class 25, the exceptions may

81

188

International Trademark Classification

be characterized as being only those items, with such highly specialized usage, that their function as clothing, footwear, or headgear has become secondary to another, more prominent, other use. For example, “clothing for protection against fire” (Basic No. 090288) is classified in Class 9. Clothing of this type is only worn when the wearer is in danger because of fire. It is not the sort of garment that one would or even could wear under normal circumstances (e.g., shopping, working, relaxing at home, or going out to dinner). The same is true of certain footwear, for example, “skating boots with skates attached” (Basic No. 280028) in Class 28 and some headwear, for example, “protective helmets” (Basic No. 090112) in Class 9. It should be noted, however, that “ski boots” (Basic No. 250145) are classified in Class 25. Although it may be difficult or awkward to walk in ski boots, especially those used for Alpine skiing, ski boots are not comparable to skating boots, which have blade-​like skates attached to them and, therefore, are classified in Class 28. Skiers can, and do, walk in ski boots between runs down the ski trail. Note that “boots for sports*” (Basic No. 250141) are in Class 25, and ski boots are within that general entry in Class 25. “Wet suits for water-​skiing” (Basic No. 250052) are included in Class 25, even though they are not considered normal “street wear.” In the case of wet suits, the goods are not so highly specialized that they function as anything other than a body covering. “Diving suits” (Basic No. 090162), however, are classified in Class 9 because they function as a life-​protecting body covering in deep-​water diving and not merely as a body covering suited to the activity.

c. supplemental commentary “Paper hats [clothing]” (Basic No. 250162) “Paper clothing” (Basic No. 250122) has been classified in Class 25 for many years, and it is one of the few exceptions to the classification of items made of paper in Class 16. Paper hats were added to Class 25 to clarify their inclusion in this class when used as clothing. Note that “paper party hats” (Basic No. 280204) were introduced into the tenth edition of the Alphabetical List and classified in Class 28 because these goods are considered objects of amusement and are not used as clothing like other Class 25 goods. “Sleep masks” (Basic No. 250163) This item was added to Class 25 owing to questions that had arisen concerning its classification. The purpose of a sleep mask is to keep light out of a sleeper’s eyes; however, it is worn on the body similar to other garments worn for sleeping. Therefore, Class 25 appears to be the most appropriate class for these goods, and the entry will settle any classification ambiguity that may exist concerning sleep masks.

891 

Class 25

189

Babies diapers of textile and related goods The tenth edition of the Nice Agreement transferred all diapers and napkins for babies to Class 5. This transfer was discussed in detail in the Class 5 section above. However, because of its significance, some of that discussion bears repeating here. “Diapers [babies’ napkins]” (Basic No. 050412)  and “babies’ napkin-​pants [diaper-​pants]” (Basic No. 050413) were transferred from Class 16 to Class 5. As part of that transfer, the designation of the item being “of paper and cellulose, disposable” was deleted. Now, all diapers, napkin-​pants, and diaper-​pants for babies are classified in Class 5, regardless of their material composition, along with incontinence products for adults that are worn on the body. As indicated above, in the section discussing incontinence products, babies’ diapers can be analogized to other bandage-​type, sanitary products that have appeared for many years in Class 5, such as “menstruation bandages” (Basic No. 050233)  and “hygienic bandages” (Basic No. 050047). It should be noted that “babies’ pants [clothing]” (Basic No. 250058) remain classified in Class 25 because these still are considered articles of clothing for babies and are not in the nature of diapers or napkins for babies.

901

CLASS 26 OFFICIAL TEXT Class Heading Lace and embroidery, ribbons and braid; 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 and false beards; • barrettes and hair bands; • hair nets; • buckles and zippers; • charms, other than for jewellery, key rings or key chains. This Class does not include, in particular: • certain special types of hooks (consult the Alphabetical List of Goods); • certain special types of needles (consult Alphabetical List of Goods); • false eyelashes (Cl. 3); • hair prostheses (Cl. 10); • charms for key rings or key chains (Cl. 14); • jewellery charms (Cl. 14); • yarns and threads for textile use (Cl. 23).

Interpretation a. class heading In a sense, Class 26 is a continuation of the textile chain that began in Class 22, because it includes goods made from textiles and goods related to textiles and clothing.

9 1

Class 26

191

lace and embroidery, ribbons and braid Beginning with the first category in the Class Heading, Class 26 covers “lace and embroidery, ribbons and braid.” These items are textile, and/​or clothing-​related. All types of trim and embellishments for clothing or other textile articles are included in this category. However, these trims and embellishments do not necessarily need to be made of fabrics themselves, even though the items listed in the Class Heading may suggest such a limitation. The inclusion of decorative clothing or textile accessories in Class 26 opens the door to many other items that are only tenuously related to the category of goods set forth in the Class Heading. For example, “feathers [clothing accessories]” (Basic No. 260082) are classified in Class 26. This represents a logical extension of the ribbons and the braids named in the Class Heading. By stretching the meanings of “ribbons and braid” to include decorative embellishments, it is possible to justify the classification of “spangles for clothing” (Basic No. 260077) and “mica spangles” (Basic No. 260071) in Class 26.

buttons, hooks and eyes, pins and needles Fasteners and textile-​working utensils are included in Class 26 based on the language in the Class Heading, “buttons, hooks and eyes, pins and needles.” This language encompasses “belt clasps” (Basic No. 260031), “buckles [clothing accessories]” (Basic No. 260097), “shoe fasteners” (Basic No. 260001), and “zippers” (Basic No. 260053). Many sewing notions are classified in Class 26 based on this Class Heading language. Thus, “darning lasts” (Basic No. 260020), “pin cushions” (Basic No. 260055), “sewing thimbles” (Basic No. 260050), and “sewing boxes” (Basic No. 260049) (specially designed to hold Class 26 type goods) are included in this class. Items that are related to, but may not fit precisely within the definition of, these goods are classified in this class. For example, pins of all types are classified in Class 26, as long as they are not considered jewelry items. This includes straight pins used in sewing, as well as “hair pins” (Basic No. 260041) and “entomological pins” (Basic No. 260131). Other hair accessories are in Class 26, including “dec­ orative articles for the hair” (Basic No. 260038) “hair barrettes” and “hair slides” (both under Basic No. 260040), “hair nets” (Basic No. 260042), “hair bands” (Basic No. 260013) (as opposed to “headbands [clothing]” [Basic No. 250142] in Class 25), “hair curling papers” (Basic No. 260121), and “hair curlers, other than hand implements” (Basic No. 260127).

artificial flowers The next entry in the Class Heading is “artificial flowers” (Basic No. 260059). This item, too, is extended in the Alphabetical List to cover artificial fruit, garlands, and

912

192

International Trademark Classification

wreaths of artificial flowers (Basic Nos. 260061, 260065, and 260099, respect­ ively), although “Christmas trees of synthetic material” (Basic No. 280006)  are classified in Class 28 with other Christmas tree decorations.

hair decorations This is a very broad Class Heading and includes not only decorative items for the hair, such as “bows for the hair” (Basic No. 260114), but also hair fasteners, such as “hair pins” (Basic No. 260041) and “hair barrettes” (Basic No. 260040). These items may be decorative but they serve the functional purpose of holding the hair in place.

false hair It is important that false hair be set out in the Class Heading for Class 26. The only other class where hair augmentations are found is Class 10, and the hair in that class is specified as “hair prostheses” (Basic No. 100192). The question arises, of course, as to when a wig is considered a hair prosthesis in Class 10 and when it is considered false hair in Class 26. One way to make this determin­ ation is that hair prostheses are characterized as wigs that are specially made for patients that have lost their hair owing to a medical condition or treatment. Also called a cranial hair prosthesis, they are different from regular wigs. They are often based on a cranial mold to achieve a perfect fit and are made from hypoallergenic fabric because individuals who require a hair prosthesis are usually very sensitive to various materials, and these wigs are worn for extended periods. Hair implants would also be considered a hair prosthesis in Class 10. A hair prosthesis is a very specialized medical product. All other types of false hair, from “false beards” (Basic No. 260014) to “hair extensions” (Basic No. 260125), are in Class 26. Note that “human hair” (Basic No. 260126) also is in Class 26. Human hair used to make wigs or hair extensions that are not for medical use is in Class 26.

b. 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 and false beards As indicated above in the discussion of the Class Heading for false hair, all manner of false hair or even real human hair that is used to replace or augment a person’s natural hair (or lack thereof ) is in Class 26, except for hair prostheses that replace hair lost owing to medical conditions or treatments or are permanent implants.

931 

Class 26

193

The items in this Explanatory Note, namely, “wigs” (Basic No. 260079), “toupees” (Basic No. 260089), and “false beards” (Basic No. 260014), are examples of some of the hair replacement or augmentation goods in this class. Note that goods used with false hair are in classes other than Class 26, such as “adhesives for affixing false hair” (Basic No. 030001). Also note that “false eyelashes” (Basic No. 030042) are in Class 3 because they are considered cosmetic in nature. This Class includes, in particular: •  barrettes and hair bands Besides the hair decorations set forth in the Class Heading, hair fasteners and holders of all kinds are in Class 26. As indicated in the discussion of that Class Heading, these items may be decorative in nature but they also perform a practical function. There are many other fasteners in Class 26 but hair fasteners are specialized for a particular purpose and are set forth in this Explanatory Note. Without this guidance, “hair barrettes” (Basic No. 260040)  and “hair bands” (Basic No. 260013) could be classified in Class 14, as items of personal adornment, or even in Class 25, as articles worn on the body like clothing. This Class includes, in particular: •  hair nets This Explanatory Note highlights “hair nets” (Basic No. 260042) as an example of hair-​related items that would not be considered hair fasteners, as are barrettes and hair bands, but are in Class 26 all the same. “Hair coloring caps” (Basic No. 260115), “hair curling papers” (Basic No. 260121), and “hair curlers, other than hand implements” (Basic No. 260127) are other examples of hair-​related items that are in Class 26 but would not be considered a hair fastener or hair decoration. This Class includes, in particular: •  buckles and zippers This note specifies that “zippers” (Basic No. 260053) are included in the class. It is unclear whether this item would be encompassed by the Class Heading “buttons, hooks and eyes, pins and needles,” so it merits a specific inclusion in the Explanatory Note. This item is well classified in Class 26 because it is closely related to other items in this class. However, without this specific inclusion, it mistakenly could be classified in Class 6, if made of metal, in Class 8 as a tool, or in Class 20, if made of plastic. The same may be said of “buckles [clothing accessories]” (Basic No. 260097). These buckles and “shoe buckles” (Basic No. 260088) are in Class 26, as a type of clothing fastener, shoes being considered clothing for the feet. Without this specific inclusion in the Explanatory Note and entries in the Alphabetical List,

941

194

International Trademark Classification

buckles could be classified in Class 6 as a piece of hardware. Indeed, there is an entry in Class 6 for “buckles of common metal [hardware]” (Basic No. 060298). It is also interesting to note that “belts [clothing]” (Basic No. 250031) are in Class 25, and belts commonly have a buckle fastener. However, if the buckle is sold separately from the belt, it is in Class 26. This Class includes, in particular: •  charms, other than for jewellery, key rings or key chains Charms may be used to decorate items other than jewelry, key rings, and key chains and, as such, are properly classified in Class 26, and that includes other decorative items that do not have a specific purpose or function. This Class does not include, in particular: •  certain types of hooks (consult Alphabetical List of Goods) A specific exclusion for Class 26 encompasses certain special types of hooks. Some examples of these are “boat hooks” (Basic No. 120036)  in Class 12, “curtain hooks” (Basic No. 200176) in Class 20, and “fish hooks” (Basic No. 280076) in Class 28. As can be seen from these examples, the hooks classified in classes other than Class 26 serve very different functions from the hooks included in this class. Generally, the hooks classified in Class 26 are fasteners, often used with clothing, such as “hooks for corsets” (Basic No. 260098). This Class does not include, in particular: •  certain special types of needles (consult Alphabetical List of Goods) As with the previous Explanatory Note concerning hooks, certain special types of needles are classified in classes other than Class 26. A few examples of needles classified in other classes include “needles for medical purposes” (Basic No. 100008) in Class 10 and “needles for record players” (Basic No. 090462) in Class 9. Here, too, the needles that are not classified in Class 26 serve very different functions than those needles that are included in Class 26. The needles included in Class 26 are most commonly needles used in creating fiber or fabric items, such as “darning needles” (Basic No. 260007), “knitting needles” (Basic No. 260009), “crochet needles” (Basic No. 260051), and “embroidery needles” (Basic No. 260132). This Class does not include, in particular: •  false eyelashes (Cl. 3) As indicated above, “false eyelashes” (Basic No. 030042) are not considered “false hair” (Basic No. 260043)  in Class 26. Rather they are considered a cosmetic product in Class 3.

9 15

Class 26

195

This Class does not include, in particular: •  hair prostheses (Cl. 10) The item hair prostheses was discussed extensively above in the Explanatory Note concerning the inclusion of wigs, toupees, and false beards. The point bears repeating here that hair prostheses are hair replacements or augmentations that are used owing to hair loss as a result of a medical condition or treatment. The false hair items in Class 26 are not used to overcome a medical condition or treatment; they are used by choice to ameliorate natural baldness or to augment existing hair or for other cosmetic reasons. This Class does not include, in particular: •  charms for key rings or key chains (Cl. 14) •  jewellery charms (Cl. 14) The two specific exclusions “charms for key rings or key chains” (Basic No. 140177)  and “jewellery charms” (Basic No. 140018)  are treated together, and reference is made to the discussion above concerning the specific inclusion Explanatory Note for “charms, other than for jewellery, key rings or key chains” (Basic No. 260133) in Class 26. As stated in that discussion, charms can be used to accessorize goods other than key rings, key chains, and jewelry and, when they do, they are classified in Class 26 with other decorative items, rather than in Class 14. This Class does not include, in particular: •  yarns and threads for textile use (Cl. 23) The last exclusion in the Explanatory Note concerns yarns and threads, which, of course, are classified in Class 23, even though they easily could be considered “dressmakers’ articles.” It is for this very reason that they are specifically set forth in the exclusionary Explanatory Note. Many of the items that yarns and threads are used with are classified in Class 26, such as “sewing needles” (Basic No. 260004)  and “sewing thimbles” (Basic No. 260050), “knitting needles” (Basic No. 260009), and “buttons” (Basic No. 260021). However, the yarns and threads themselves remain classified in Class 23.

c. supplemental commentary “Ornamental novelty badges [buttons]” (Basic No. 260113) A few miscellaneous items in the class specifically should be noted. For example, “ornamental novelty badges [buttons]” are included in this class. This item refers to goods, such as political campaign buttons, pin-​on buttons with slogans, witty phrases (subject to opinion), or significant designs (e.g., the “peace sign” of the

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International Trademark Classification

1960s). Items, such as these, are not considered pieces of jewelry in Class 14 but may be characterized as clothing ornaments and, therefore, are properly classified in Class 26. Competitors’ numbers and numerals or letters for marking linen Other items belonging in this class have their justification in the “embroidery” entry of the Class Heading. These items include “competitors’ numbers” (Basic No. 260112), “numerals or letters for marking linen” (Basic No. 260032), and other similar entries. At one time, these identifying insignia would have been embroidered directly onto the linen or other textiles. Now, although they may be printed, their function remains the same, and so Class 26 remains the proper class for their classification.

971 

CLASS 27 OFFICIAL TEXT Class Heading Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-​textile). Explanatory Note Class 27 includes mainly products intended to be added as furnishings to previously constructed floors and walls. This Class does not include, in particular: • wooden flooring (Cl. 19).

Interpretation a. class heading Basically, this is the “floor covering” (Basic No. 270002) and “wallpaper” (Basic No. 270007) class. There are very few exceptions to this broad category.

carpets, rugs, mats and matting, linoleum and other materials for covering existing floors Perhaps the most important wording in this Class Heading entry is, “materials for covering existing floors.” This is the language that differentiates items belonging in Class 27, from building materials used in the construction of floors, which are classified in Class 19. The goods included in Class 27, such as “carpets” (Basic No. 270011), “rugs” (Basic No. 270011), and “linoleum” (Basic No. 270014), are laid upon floors that already have been constructed. “Mats” (Basic No. 270006) are also classified in Class 27, as are “gymnastic mats” (Basic No. 270004), “floor mats, fire resistant, for fireplaces and barbecues” (Basic No. 270019), and “yoga mats” (Basic No. 270020). These goods are used to cover existing floors, notwithstanding that the manner in which they accomplish this, or that the purpose for which it is done, is different from carpets, rugs, and linoleum.

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International Trademark Classification

Some unusual floor coverings that are classified in Class 27 include, “artificial turf ” (Basic No. 270003), “carpets for automobiles” (Basic No. 270010), and “bath mats” (Basic No. 270001). A few specialized types of mats may be found in other classes, but, generally, these mats are not used on a floor. Such mats include “place mats of paper” (Basic No. 160296) in Class 16, or “place mats of textile” (Basic No. 240113) in Class 24, “mats for beer glasses” (Basic No. 160037) in Class 16, and “mats, removable, for sinks” (Basic No. 200099) in Class 20.

wall hangings (non-​textile) The language “wall hangings (non-​textile)” permits the inclusion of wallpaper in this class, although wallpaper normally is not considered a “wall hanging.” However, there also is a specific entry in the Alphabetical List for “decorative wall hangings, not of textile” (Basic No. 270013). While it is difficult to imagine a tapestry not made from textile, should one exist, it would be classified in Class 27. Perhaps various grasses, shells, or beads could be used to make wall hangings that would be considered tapestries in their richness of design. In any case, decorative wall coverings, unless made of textile and, therefore, classified in Class 24, are in this class.

b. explanatory note Class 27 includes mainly products intended to be added as furnishings to previously constructed floors and walls. This single sentence in the Explanatory Note simple serves to define the class further. It clarifies the language, “materials for covering existing floors,” with the added information that goods belonging in Class 27 are “intended to be added as furnishings to previously constructed floors and walls.” This phrase supports the conclusion in the discussion above, concerning the classification of tiles in Class 6 or Class 19 as a building material rather than in Class 27 as a floor covering. As stated above, until the tiles are laid, a floor that is to be tiled is not considered to have been completely “constructed.” Therefore, tiles should not be considered a furnishing for previously constructed floors. They are part of the floor itself. This Explanatory Note also clearly brings “wallpaper” (Basic No. 270007) into Class 27. This Class does not include, in particular: •  wooden flooring (Cl. 19) As indicated above, flooring that is part of the construction process of a building belongs in Class 19. Previously, this item was classified in Class 27 with the other

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floor coverings in this class. However, it was decided that wooden flooring would be classified more appropriately in Class 19, owing to both the nature of the goods themselves, because flooring is installed during the construction of a building, and the preexisting entry in the Alphabetical List for “parquet flooring” (Basic No. 190112) in Class 19.

02

CLASS 28 OFFICIAL TEXT Class Heading 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; • amusement and novelty items, for example, carnival masks, paper party hats, confetti, practical jokes and party favours; • 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.

Interpretation a. class heading Class 28 is commonly known as the toys and games class. This is an accurate description since the Class Heading lists a wide range of goods that can all be characterized as toys, games, or other types of articles of amusement.

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Class 28

201

games, TOYS and playthings Generally, goods classified in Class 28 serve recreational or amusement purposes; however, the use of the goods within the sphere of Class 28 activities often must be specified. Numerous items are included in the class, only when they are specified as having a sport or toy characteristic. An identical article, used for a different, purpose would be classified elsewhere. For example, when found within the area of games, toys, and playthings, the entry “detonating caps” is followed by the modifier “[toys]” (Basic No. 280118). If the detonating caps are not for use as a toy, or with toy pistols, the goods are classified in Class 13 (see “detonating caps, other than toys” [Basic No. 130066]). The same is true with the entry “scooters [toys]” (Basic No. 280115). If the scooters are not used as toys, they are classified in Class 12 (see “motor scooters” [Basic No. 120280] in Class 12). However, this degree of specification often is not necessary since games and playthings are commonplace, well-​k nown items and are easily identified as such.

video game apparatus The line between “video game machines” (Basic No. 280214) in Class 28 and “computers” (Basic No. 090372) for general use in Class 9 on which video games may be played is becoming more and more difficult to draw. There was a time when video games could only be played on video game apparatus, and there are still some personal computerized devices and game consoles on the market that are uniquely dedicated to playing video games. But, in general, video game apparatus refers to “arcade video game machines” (Basic No. 280216). A personal device or console that plays only or primarily video games would be classified in Class 28 as well.

gymnastic and sporting articles The majority of gymnastic and sporting articles are in Class 28, but some may be found in other classes; therefore, it is sometimes necessary to specify that the goods in Class 28 are sports articles. For example, it is advisable to use termin­ ology that highlights the distinction between protective sports equipment, which is classified in Class 28, and life-​protecting equipment used in sports, which is classified in Class 9. Most padding or guards, for example, “knee guards [sports articles]” (Basic No. 280144), “protective paddings [parts of sports suits]” (Basic No. 280147), and “shin guards [sports articles]” (Basic No. 280046) are classified in Class 28 because an injury to the padded or protected part of the body likely would not be life threatening. The entries in the Alphabetical List for these items are followed by a phrase in brackets that makes it clear that these are sport-​related items. This qualification differentiates them from “protective helmets” (Basic No. 090112) that are classified in Class 9, regardless of their specific area of use. An injury to the head could cause loss of life, whether incurred in the workplace or on the playing field. Because of this life-​threatening effect of a head injury, “protective helmets for sports” (Basic No. 090656) are in Class 9, even with the

20

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International Trademark Classification

specification that they are sport articles. This distinction was explored at length in the Class 9 discussion. Another area that causes confusion in Class 28 involves clothing for sports purposes. Unlike the items of clothing classified in Class 25, Class 28 clothing-​ type articles would not, or could not comfortably, be worn as part of one’s everyday attire. Therefore, “baseball gloves” (Basic No. 280141), “batting gloves [accessories for games]” (Basic No. 280015) (referring to those used in the game of cricket), “fencing gauntlets” (Basic No. 280132), “skating boots with skates attached” (Basic No. 280028), and “theatrical masks” (Basic No. 280089) all are classified in Class 28, whereas “bathing suits” (Basic No. 250126), “cyclists’ clothing” (Basic No. 250065), “football shoes” (Basic No. 250075), “ski boots” (Basic No. 250145), and “wet suits for water skiing” (Basic No. 250052) are included in Class 25. While some of the sports clothing classified in Class 25 might be unusual, awkward, or uncomfortable to wear outside of a sports environment, they can be worn as coverings for the body, even while not participating in sports.

decorations for Christmas trees The last item in the Class Heading is “decorations for Christmas trees.” This allows for the inclusion of not only the decorations, but also “Christmas trees of synthetic material” (Basic No. 280006). Virtually all types of Christmas tree ornaments are classified in Class 28, so long as they are not edible or illuminated (see “ornaments for Christmas trees, except illumination articles and confectionery” [Basic No. 280119]). This broad inclusion also brings “candle holders for Christmas trees” (Basic No. 280029) and “artificial snow for Christmas trees” (Basic No. 280096) into Class 28. However, “electric lights for Christmas trees” (Basic No. 110195) are classified in Class 11, and “confectionery for decorating Christmas trees” (Basic No. 300008) is classified in Class 30. It should also be noted that the candles used in the Christmas tree candle holders are classified separately in Class 4 (see “Christmas tree candles” [Basic No. 040010] in Class 4).

b. 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 This Explanatory Note is broader than the Class Heading for video game appar­ atus is and it justifies the inclusion of all amusement and game apparatuses whether they involve a computer element or not and whether they are electric or not. The language “including controllers therefor” indicates that computerized amusement and game apparatus is in Class 28 because the computerized

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Class 28

203

apparatus would need controllers. This language also indicates that only controllers for amusement and game apparatus are in Class 28. This becomes clear when the breakdown for joysticks in the Alphabetical List is examined. “Joysticks being parts of machines, other than for game machines” (Basic No. 070567) are in Class 7; “joysticks for use with computers, other than for video games” (Basic No. 090747) are in Class 9; “vehicle joysticks” (Basic No. 120278) are in Class 12; and finally, “joysticks for video games” (Basic No. 280228) are in Class 28. This Class includes, in particular: •  amusement and novelty items, for example, carnival masks, paper party hats, confetti, practical jokes and party favours This is a very helpful specific inclusion in the Explanatory Note for Class 28. There are items in Class 28 that would not be considered games, toys, playthings, or sports equipment. However, like games, toys, and playthings, in particular, these items amuse their users and are more appropriately classified in Class 28 than in any other class, such as, perhaps, their classes of material composition. A  few amusement and novelty items that are in the Alphabetical List other than those listed in this Explanatory Note are “conjuring apparatus” (Basic No. 280105), “twirling batons” (Basic No. 280164), “snow globes” (Basic No. 280175), “kaleidoscopes” (Basic No. 280190), and “explosive bonbons [Christmas crackers]” (Basic No. 280027). This Class includes, in particular: •  hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, hunting game calls Upon brief consideration, the inclusion of hunting and fishing items in Class 28 makes sense because hunting and fishing are considered recreational activities. However, not all hunting and fishing equipment is classified in Class 28. For example, “fishing nets” (Basic No. 220011), referring to those items used in commercial fishing, are classified in Class 22; “fishing bait, live” (Basic No. 310132) is in Class 31; and “game bags [hunting accessories]” (Basic No. 180019) are in Class 18. There are some hunting items that are unquestionably in other classes despite their characterization as being used for hunting, namely, “hunting knives” (Basic No. 080053) in Class 8; “hunting firearms” and “sporting firearms” (both under Basic No. 130026) in Class 13; and “lead shot for hunting” (Basic No. 130041), also in Class 13. This Class includes, in particular: •  equipment for various sports and games This Explanatory Note reiterates the intent behind the Class Heading to include goods of a general nature that are used in sports and games. There is virtually

042

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International Trademark Classification

no limit to the types of sports or games that may have equipment classified in Class 28. 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) Christmas tree decorations are included in Class 28; however, “Christmas tree candles” (Basic No. 040010) that are used as decoration are included in the established class for candles, which is Class 4. Similarly, “lights, electric, for Christmas trees” (Basic No. 110195) are in the established class for electric lights, namely, Class 11. Finally, “confectionery for decorating Christmas trees” (Basic No. 300008) is in the food class for food items of this type, namely, Class 30. Thus, a pattern begins to emerge concerning these holiday decorations: if the goods have a particular property that legitimizes their classification in another class, they are classified in that other class, rather than in Class 28. Only those Christmas tree ornaments that are not for illumination and are not edible are classified in Class 28. It should be noted that only Christmas decorations that are used on Christmas trees are classified in Class 28. Other decorations for the Christmas season are classified based on their material composition as any other ornament. This Class does not include, in particular: •  diving equipment (Cl. 9) Diving equipment is classified in Class 9, whether for professional or recreational use. Thus, “goggles for sports” (Basic No. 090654) are included in Class 9 rather than in Class 28. Obviously, goggles may be used in other sports activities, even though they are most commonly used for diving. The classification of goggles in Class 9, even if used in sports other than diving, is justified, however, because they are protective, and they provide an optical function, which is indicative of other Class 9 goods. Note, however, that some items that could be considered diving equipment are classified in Class 28, notwithstanding this exclusion in the Explanatory Note. These goods, including “flippers for swimming” (Basic No. 280093) and “harpoon guns [sports articles]” (Basic No. 280071), however, should not be considered diving equipment. Instead, they should be viewed as either swimming aids or fishing gear, and, for these reasons, they are classified in Class 28. This Class does not include, in particular: •  sex toys and love dolls (Cl. 10) Classification of these items has caused controversy over the years, so the inclusion of this language in the Class Heading of Class 10 and this specific exclusion in the

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Class 28

205

Explanatory Note for Class 28 in the eleventh edition of the Nice Agreement has resolved this. Although these items are often used for enhancing the pleasure of a sexual encounter, the means by which they do this is by “improving the function or condition” of the individuals involved in the activity. Thus, “sex toys” (Basic No. 100234) and “love dolls [sex dolls]” (Basic No. 100219) are now clearly classified in Class 10 and only in Class 10. This Class does not include, in particular: •  clothing for gymnastics and sports (Cl. 25) As discussed above, clothing articles intended for use during sports and gymnastic activities are classified in Class 25 because, in general, they are like other, everyday clothing and can be worn apart from their sports use. Only those items that are specially adapted for particular sports and cannot be worn outside the sports activity are classified in Class 28 (see examples above). This Class does not include, in particular: •  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 Many of the items in this list of gymnastic and sporting articles that are not in Class 28 have been discussed above in the Class Heading or other specific inclusions or exclusions in the Explanatory Note for Class 28. This Explanatory Note makes it quite clear that some sporting and gymnastic items are classified in other classes owing to their specialized purpose or function within the field of sports and gymnastics. In general, protective gear that prevents serious injury or death is in Class 9, cutting or piercing instruments are in Class 8 if they are not explosive, explosive equipment is in Class 13, and commercial fishing apparatus are in Class 22. While there are few exceptions besides those set forth in this Explanatory Note to the classification of sporting and gymnastic items in Class 28, if there is any question, the Alphabetical List should be consulted.

c. supplemental commentary Decorative objects versus sports equipment or toys A recurring problem in Class 28 concerns the line drawn between decorative objects and sports equipment or toys. For example, when does a “decoy for hunting or fishing” (Basic No. 280082) stop serving as a sports item in Class 28 and become a decorative household object, likely classified in Class 20 because they are most often made of wood. Or when does a “doll” (Basic No. 280088) or “scale

026

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International Trademark Classification

model vehicle” (Basic No. 280091) cease being a toy in Class 28 and start being a statue or statuette, classified by the nature of its material composition. This determination is best made by the creator of the goods, and in fact, either classification may be accorded to the goods. If the goods are specified as “toys,” they will fall into Class 28; if specified as decorative household items or statues/​statuettes, they will be classified based on material composition. Toys for domestic pets “Toys for domestic pets” (Basic No. 280004)  have been assigned to Class 28, thereby avoiding any controversy regarding whether a dog’s squeaky plastic toy should be classified in Class 18, as an animal accessory, or in Class 28, as a recreational object for dogs. Kaleidoscopes This item is classified in Class 28 of the Nice Agreement because it is an object of amusement or play. Although it uses many of the optical principles that characterize goods in Class 9, it simply does not serve a Class 9 purpose. “Kaleidoscopes” (Basic No. 280190) are much more appropriately classified in Class 28 with other objects of amusement and entertainment. Butterfly nets “Butterfly nets” (Basic No. 280165) are in the Alphabetical List to avoid potential misclassification of the item in Class 22. Although they can be used by professionals for scientific purposes, they most commonly are used by amateur butterfly enthusiasts for a hobby or recreational purpose. Therefore, the decision was made to include this item in Class 28, with other recreational and hobby-​related goods. Bags especially designed for skis and surfboards These items, “bags especially designed for skis and surfboards” (Basic No. 280166), are so specially adapted for the Class 28 items they hold, it was appropriate to include them in Class 28. Because of their size and structure, they have no purpose other than to hold this sports equipment. Note also, that the Alphabetical List classifies “golf bags, with or without wheels” (Basic No. 280061) in Class 28 for the same reason as these bags for skis and surfboards. As stated in the Goods category of the General Remarks to the Nice Agreement, and as previously referenced in the Class 26 discussion, “cases adapted to the product they are intended to contain are in principle classified in the same class as the product.” Because these bags serve the same purpose as the cases referred to in the General Remarks, their classification in Class 28 is appropriate.

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Class 28

207

Snow globes “Snow globes” (Basic No. 280175), potentially, could be classified in various classes. The inexpensive, plastic snow globes that often are sold at souvenir stands are merely playthings and would be classified in Class 28. More sophisticated, artistic snow globes, however, which usually have a base of fine wood or porcelain and intricately worked figurines inside the globes, could be classified in Class 20, Class 21, or the class of the dominant material composition. However, all snow globes are classified in Class 28, regardless of material composition, because they are objects of amusement. Bingo cards “Bingo cards” (Basic No. 280178) are specified in the Alphabetical List to ensure they are not misclassified in Class 16. They are, quite simply, a printed paper item; yet, their sole function is for use in playing a game. The inclusion of “playing cards” (Basic No. 280191) and “scratch cards for playing lottery games” (Basic No. 280207) in Class 28 further supports the classification of bingo cards in this class, as they too are printed items used to play a game. Divot repair tools [golf accessories] “Divot repair tools [golf accessories]” (Basic No. 280179) are in the Alphabetical List because they easily could be classified in Class 8 as a hand tool. However, these items are necessary accessories for playing golf. It is not only courtesy that requires a golfer to replace and smooth a divot for the next player, but also in the case where a previous player has failed to do so, the tool must be used by the golfer to improve his or her own game. Similarly, “golf gloves” (Basic No. 280153) are classified in Class 28 because they are used exclusively in playing the sport, but they could be erroneously classified in Class 25. Piñatas “Piñatas” (Basic No. 280183) are found in Class 28 in the Alphabetical List because they clearly are sources of amusement and used as party games. However, this classification is not as straightforward as it might seem because piñatas are most often made of paper, making Class 16 a classification possibility, and they often contain candy, making Class 30 a potential class for inclusion. Because their primary purpose is for amusement, Class 28 is the most appropriate class for these items. The inclusion of piñatas in the Alphabetical List also indicates a broadening of the culture of the Nice Agreement to bring in items that are unique to the Americas. As the Nice Agreement is used and adopted in more countries in North, Central, and South America, it becomes increasingly important that the Alphabetical List reflect products that are unique to those regions.

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International Trademark Classification

Remote-​controlled toy vehicles As a counterpart to the “remote control vehicles, other than toys” (Basic No. 120257) that are in the Alphabetical List in Class 12, “remote-​controlled toy vehicles” (Basic No. 280185) are specifically set forth in Class 28 to clarify the distinction between the two. Snowshoes “Snowshoes” (Basic No. 280187)  are now itemized in the Alphabetical List because their classification had been problematic and it required clarification at the international level. Questions surrounding snowshoes included whether they were considered footwear for sports and, therefore, should be classified in Class 25, or if they were considered sports equipment, which would put them in Class 28. It was decided that these types of shoes are best characterized as sports equipment, because they were assigned to Class 28 of the Alphabetical List by the Committee of Experts. “Electronic targets” (Basic No. 280193) This item is set forth in Class 28 to ensure that it is not be misclassified in Class 9. It is a target, used in various games, that records a hit or score electronically. Although an electronic target uses Class 9 technology, it performs the same function as non-​electric targets and is properly included in Class 28. “Scent lures for hunting or fishing” (Basic No. 280194) and “camouflage screens [sports articles]” (Basic No. 280195) Both of these items, used in either hunting or fishing, could be classified in classes other than Class 28, were it not for the specification in the Alphabetical List. For example, scent lures could be included in Class 3, with other scent products, and camouflage screens could be in Class 19 or Class 20, with other permanent or movable screens. Again, inclusion of these items in the Alphabetical List makes their proper classification clear. “Men’s athletic supporters [sports articles]” (Basic No. 280196) Referring to another item that easily could be misclassified, “men’s athletic supporters [sports articles]” are in the Alphabetical List in Class 28 to avoid their possible misclassification in Class 25 because they are worn on the body. However, like “protective paddings [parts of sports suits]” (Basic No. 280147) that are classified in Class 28, athletic supports provide protection, as well as support, when playing sports and are, therefore, properly classified in Class 28.

 290

CLASS 29 OFFICIAL TEXT Class Heading Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats. Explanatory Note Class 29 includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation. This Class includes, in particular: • milk beverages (milk predominating); • seeds prepared for human consumption, not being seasonings or flavourings. This Class does not include, in particular: • certain foodstuffs of plant origin (consult the Alphabetical List of goods); • baby food (Cl. 5); • dietetic food and substances adapted for medical use (Cl. 5); • dietary supplements (Cl. 5); • processed seeds for use as a seasoning (Cl. 30); • salad dressings (Cl. 30); • fertilised eggs for hatching (Cl. 31); • foodstuffs for animals (Cl. 31); • live animals (Cl. 31); • seeds for planting.

Interpretation The greatest enigma in the Nice Agreement classification system is determining the difference between the two food classes, Class 29 and Class 30. However, the confusion surrounding this dichotomy need not prevent an applicant from figuring

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International Trademark Classification

out the proper classification for his or her goods. These two classes are as different as any other two classes in the system, with discreet, but identifiable, items classified in each.

a. class heading meat, fish, poultry and game Any meat, fish, poultry, or game product that has been prepared for consumption or conservation is classified in Class 29. Any such products that have not been prepared for consumption or conservation would be alive and, therefore, classified in Class 31. If any of these products are combined with a Class 30 item, to the extent that the very character of the finished product changes, the resulting food item is classified in Class 30. For example, ground beef is classified in Class 29; even ground beef in the form of patties (i.e., hamburgers) also is classified in Class 29. However, once the hamburger is placed on bread and sold as a hamburger sandwich, classification of the item is classified in Class 30, owing to the importance of the Class 30 element, that is, bread, of the product. However, a piece of chicken or fish that is sold coated with bread crumbs would remain in Class 29 because the finished product is still primarily a piece of chicken or fish even though it has been coated with a Class 30 ingredient.

meat extracts “Meat extracts” (Basic No. 290068)  themselves present no problem. They are merely solutions of the essential constituents of meat. The Alphabetical List also includes “meat jellies” (Basic No. 290049), which are similar to the extracts, except that they exist in a semisolid state.

preserved, frozen, dried and cooked fruits and vegetables The next item category, “preserved, frozen, dried and cooked fruits and vege­ tables,” is treated the same as “meat, fish, poultry and game.” When these goods are prepared for consumption or conservation, for example, canned pears, they are classified in Class 29. However, if combined with a significant Class 30 element that changes the very nature of how they are to be consumed, the classification moves to Class 30. An example of this differentiation is demonstrated by canned or frozen blueberries in Class 29, versus a blueberry pie in Class 30. In the latter food item, not only have the blueberries been combined with a Class 30 element (the piecrust being a preparation made from cereals) in such a way that has changed the nature of the Class 29, but also, in this particular example, the blueberries have become a Class 30 product, namely, “pies” (Basic No. 300104). Like meats, however, vegetables that merely are coated with breadcrumbs remain a Class 29 item; they would be served as appetizers or side dishes just as they would be if they

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were not breaded. It should be noted that “potato chips” (Basic No. 290019) and “fruit chips” (Basic No. 290131) are classified in Class 29, whereas other “chips [cereal products]” (Basic No. 300161) are classified in Class 30. The chips in Class 29 are those that are made from products that are classified in Class 29. Chips made from products that are classified in Class 30, such as corn, rice, or other grains or cereals are themselves classified in Class 30.

jellies, jams, compotes “Jellies, jams, compotes” have been specified in the Class Heading to avoid their misclassification in Class 30. Jellies and jams are defined, in some dictionaries, as kinds of confectioneries, owing to the great quantity of sugar in them. However, they are considered predominantly a fruit item and not a confectionery product, so they are classified correctly with the other prepared fruit products. This same analysis is true of compotes. They are similar to sauces, because they are used as garnishes or accompaniments to meat dishes; however, “sauces [condiments]” (Basic No. 300122) are classified in Class 30. These compotes, such as “cranberry sauce [compote]” (Basic No. 290156) and applesauce or “apple puree” (Basic No. 290155), remain classified in Class 29 for the same reason as jams and jellies. They are not sauces or confectioneries, in the sense of other sauces and confectionaries that are included in Class 30, and the predominance of fruit in these goods keeps them with other prepared fruit products in Class 29.

eggs “Eggs*” (Basic No. 290086) are an animal protein product; therefore, they are classified in Class 29. They are set forth separately in the Class Heading, because there are many products made from, or with, eggs that could be classified in Class 30. However, the same concepts apply here that were set forth above. If an item is primarily an egg item, whether it is in the form of “caviar” (Basic No. 290016) or “powdered eggs” (Basic No. 290087), it is classified in Class 29. If the egg becomes part of a Class 30 product, or a Class 30 product itself, owing to the addition of Class 30 ingredients, the classification of that item becomes Class 30. For example, “quiches” (Basic No. 300192), which are essentially eggs, milk, and cheese (all Class 29 items), but are prepared in a piecrust and considered to be a savory pastry, are classified in Class 30.

milk and milk products This entry in the Class Heading brings virtually all non-​dessert, dairy products into Class 29. Thus, “butter” (Basic No. 290008), “cream [dairy products]” (Basic No. 290033), “cheese” (Basic No. 290034), “yogurt” (Basic No. 290065), “whey” (Basic No. 290073), and “milk beverages, milk predominating” (Basic No. 290072)  are classified in Class 29. The same guideline concerning meats, fruits, vegetables, and eggs applies here; if the inclusion of a Class 30 element

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significantly changes the nature of the product, the classification becomes Class 30 rather than Class 29. An example of this is “ice cream” (Basic No. 300046) that is made from milk, cream, or other Class 29 milk products. The addition of the Class 30 ingredient of sugar, and the transformation of the dairy ingredients into an entirely different food product, justifies the classification of ice cream in Class 30, as opposed to Class 29.

edible oils and fats The final item in the Class Heading for Class 29 is “edible oils and fats.” This entry, too, presents little, if any, classification problem. All “oils for food” (Basic No. 290032), “butter” (Basic No. 290008), and “edible fats” (Basic No. 290005) are classified in Class 29. It is safe to say that there are no exceptions to this rule, which is one of the few guidelines that actually can be called a rule in the classification system.

b. explanatory note Class 29 includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation. The initial statement in the Explanatory Note is not terribly helpful for Class 29. It simply indicates that this class covers, mainly, foods of an animal origin, as well as “vegetables and other horticultural comestible products which are prepared for consumption or conservation.” This general explanation is rather broad and vague. Other elements of the Class Heading and Explanatory Note should be consulted for a better understanding of the goods belonging in Class 29. This Class includes, in particular: •  milk beverages (milk predominating) This singular, specific inclusion, “milk beverages (milk predominating)” (Basic No. 290072), is of some assistance in clarifying what goods belong in this class, as well as suggesting the difference between beverages included in Class 29 and those in Class 30. The inclusion makes it clear that beverages in which milk predominates are classified in Class 29. By clearly stating this inclusion in Class 29, it suggests that beverages that have milk in them but in which the milk component is not the predominating ingredient are classified in a class other than Class 29. That class would most often, but not always, be Class 30. For example, based on this note, milk-​based beverages in which milk is the predominating ingredient are in Class 29. However, “chocolate-​based beverages with milk” (Basic No. 300085) are in Class 30. This classification is based on the predominant element

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in the goods. If milk predominates, the item is classified in Class 29; if chocolate predominates, Class 30 is appropriate. This Class includes, in particular: •  seeds prepared for human consumption, not being seasonings or flavourings A clear distinction has been drawn in the Nice Agreement concerning seeds. Only seeds that are prepared for human consumption and are not seasonings or flavorings are in Class 29. Some examples are “sunflower seeds, prepared” (Basic No. 290166) and “seeds, prepared*” (Basic No. 290171). The latter entry in Class 29 includes an asterisk because seeds used as seasonings or flavorings are in Class 30, and seeds for planting are in Class 31. This Class does not include, in particular: •  certain foodstuffs of plant origin (consult the Alphabetical List of goods) This entry appears as an exclusion in both Class 29 and Class 30. Class 29 is the class for processed fruits and vegetables, and these goods are clearly of plant origin. However, other foods of plant origin are classified in Class 30, such as “coffee” (Basic No. 300026), “tea*” (Basic No. 300037), “cocoa” (Basic No. 300024), “sugar*” (Basic No. 300069), “rice” (Basic No. 300119), “tapioca” (Basic No. 300127), “sago” (Basic No. 300121), “flour*” (Basic No. 300057), and “cereal preparations” (Basic No. 300034). All of these Class 30 goods are of plant origin. Therefore, it makes sense to warn users of the Nice Agreement to use caution when classifying goods of plant origin. Class 29 is limited to fruits and vegetables. Although these are plants, this specific exclusion indicates that foodstuffs of plant origin other than fruits and vegetables are classified in classes other than Class 29. As already noted, Class 30 has the same language in one of its exclusionary notes, thereby indicating that goods of plant origin that are not classified in Class 30 are in Class 29. Because of this parallel exclusion in the two food classes, consulting the Alphabetical List concerning goods of plant origin, whose classification in Class 29 or Class 30 may be questionable, is recommended. This Class does not include, in particular: •  baby food (Cl. 5) •  dietetic food and substances adapted for medical use (Cl. 5) These next two items in the specific exclusions, baby food (“food for babies” [Basic No. 050298]), and dietetic food and substances adapted for medical use (Basic Nos. 050297 and 050350), previously were discussed in Section A of Class 5. That section may be consulted for an explanation regarding why these items are excluded from Class 29 and included in Class 5.

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This Class does not include, in particular: •  dietary supplements (Cl. 5) This specific exclusion was introduced in the tenth edition of the Alphabetical List and it represents a significant clarification and simplification of this area of goods. Previously, in order for a dietary supplement to be classified in Class 5, the identification of the goods had to include the language “for medical purposes,” “for veterinary purposes,” or “for medical and veterinary purposes.” If the dietary supplement did not explicitly indicate a Class 5 use, it was classified in Class 29 or Class 30, depending on the food source of the supplement. However, as previously mentioned, dietary supplements are not considered food in the sense of something that comprises a meal or snack. They are meant to augment or, as their name indicates, supplement the nutritional value of the normal diet of a human being or animal. Therefore, without requiring further specification, dietary supplements are classified in Class 5. The specific supplement may be indicated, for example, “linseed dietary supplements” (Basic No. 050421) and “flaxseed oil dietary supplements” (Basic No. 050422) or a general identification, may be used, for example, “mineral food supplements” (Basic No. 050382). This Class does not include, in particular: •  processed seeds for use as a seasoning (Cl. 30) As indicated above, only processed seeds for human consumption that are not seasonings or flavorings are in Class 29. This specific exclusion makes it clear that “processed seeds for use as a seasoning” (Basic No. 300255) are in Class 30. Some other examples of seeds that are used as seasoning that are in the Alphabetical List are “flaxseed for culinary purposes [seasoning]” or “linseed for culinary purposes [seasoning]” (both under Basic No. 300212) and “sesame seeds [seasonings”] (Basic No. 300256). This Class does not include, in particular: •  salad dressings (Cl. 30) Salad dressings are set forth in the specific exclusions because “dressings for salad” (Basic No. 300188) were transferred to Class 30 from Class 29 in the sixth edition of the Alphabetical List. This transfer was based on the classification of other condiments in Class 30, such as “mayonnaise” (Basic No. 300172), “ketchup [sauce]” (Basic No. 300082), and “mustard” (Basic No. 300101), and the logic of consolidating the condiments into a single class. The mention of this item in the specific exclusions for Class 29 is necessary to draw attention to the transfer of this long-​ standing Class 29 item into Class 30. This Class does not include, in particular: •  fertilised eggs for hatching (Cl. 31) “Eggs for hatching, fertilized” (Basic No. 310045) are specifically excluded from Class 29, because this item might engender some ambiguity. Some

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fertilized eggs can be used for human consumption and would be classified in Class 29. However, qualifying this item with the language “for hatching” unequivocally places it in Class 31, because a fertilized egg that will be hatched is an incipient live animal and should be classified with other live animals. This Class does not include, in particular: •  foodstuffs for animals (Cl. 31) All foods for animals are classified in Class 31, from birdseed to balanced compositions of grain for farm animals. Of course, food that would normally be consumed by humans, but also might be eaten by animals, such as raw meats used to feed wild animals kept in zoos, remain classified in Class 29 unless it is specified that the food is to be consumed by animals. Any food that is specially formulated for consumption by any kind of animal is classified in Class 31. This Class does not include, in particular: •  live animals (Cl. 31) There are no living animals included in Class 29. This statement may seem self-​ evident; however, animals sometimes are sold alive as food for human consumption. Yet, these “live animals” (Basic No. 310006) are not classified in Class 29. For example, lobsters often are purchased in a living state to be cooked at home before consumption; however, “lobsters, live” (Basic No. 310135) are classified in Class 31. “Lobsters, not live” (Basic No. 290057) are classified in Class 29. Additionally, there are some shellfish, such as clams, that not only are purchased live for later human consumption but are actually consumed while still alive. However, only “clams, not live” (Basic No. 290132) that are not alive are classified in Class 29. Live clams are not specifically listed in the Alphabetical List. However, “shellfish, live” (Basic No. 310041) is included in the Alphabetical List, so it is safe to assume that, because live clams are a form of live shellfish, they also would be classified in Class 31. This Class does not include, in particular: •  seeds for planting This specific exclusion completes the treatment of seeds in the Alphabetical List. With processed seeds for human consumption that are not flavorings or seasonings in Class 29 and processed seeds that are used as flavorings or seasonings in Class 30, only “seeds for planting” (Basic No. 310068)  require a classification designation because they do not fit within the parameters established for seeds in Classes 29 or 30. That designation is Class 31 based on the Class Heading for the class that reads, “raw and unprocessed grains and seeds.”

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c. supplemental commentary Sausages in batter While “sausages in batter” (Basic No. 290153) seem to be rather simple food items, they present a classification problem. The ingredients in batter are predominantly Class 30 ingredients, whereas sausage clearly is a Class 29 processed meat item. Whenever Class 29 and Class 30 ingredients are combined into a single food product, classification of the item becomes difficult. For instance, although ham, cheese, and tuna fish are items classified in Class 29, as soon as they are put into the form of a sandwich the item is classified in Class 30. However, sausages in batter, and, by analogy, other Class 29 items that are coated with batter, such as “corn dogs” (Basic No. 290215), remain in Class 29. The items remain predominantly composed of the Class 29 goods. The batter coating is not as significant of an ingredient as the bread is in sandwiches. Bread is a Class 30 item, and its use in a sandwich makes it the predominant item. Therefore, “sandwiches” (Basic No. 300106) are classified in Class 30 even when they are filled with Class 29 goods, but Class 29 goods that are coated with batter made from Class 30 ingredients remain in Class 29. “Tahini [sesame seed paste]” (Basic No. 290157) and “hummus [chickpea paste]” (Basic No. 290158) Tahini is a type of paste made from sesame seeds. Because seeds are a vegetable product, a paste made from any kind of seed is classified in Class 29. Similarly, hummus is a chickpea paste, and chickpeas are a vegetable classified in Class 29. Therefore, the paste that is made from chickpeas is classified in Class 29. “Garden herbs, preserved [seasonings]” (Basic No. 300201) This item was changed from “garden herbs, preserved” to include the parenthet­ ical notation “seasonings.” It was transferred from Class 29 to Class 30 in an earlier version of the Nice Agreement. This change was meant to clarify that, although garden herbs are plants, they are not considered or consumed as vegetables. Instead, they are used in small quantities to season a dish or, as the Explanatory Note of Class 30 indicates, as an “auxiliary for the improvement of the flavour of food.” Therefore, because of the added clarifying language that these herbs are for seasoning purposes, the transfer to Class 30 is justified.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Milk substitutes The eleventh edition of the Nice Agreement clarified the classification of milk substitutes and beverages made from the same food product as the milk substitutes but

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used as a beverage that is not considered a milk substitute. Class 29 now includes “rice milk” (Basic No. 290189), “soy milk” (Basic No. 290163), “oat milk” (Basic No. 290204), “almond milk” (Basic No. 290218), “peanut milk” (290219), and “coconut milk” (290220). It also includes “coconut milk-​based beverages” (Basic No. 290222), “almond milk-​based beverages” (Basic No. 290224), and “peanut milk-​based beverages” (Basic No. 290225). These are all considered “milk beverages, milk predominating” (Basic No. 290072). However, “rice-​based beverages, other than milk substitutes” (Basic No. 320055) and “soya-​based beverages, other than milk substitutes” (Basic No. 320053) are in Class 32. The classification of these items depends on their description and an understanding of the difference between animal milk substitutes, milk-​based beverages, and beverages made from the basic ingredient of a milk substitute but is a beverage other than a substitute for animal milk. Sausage gut Sausage gut was transferred from Class 18 to Class 29 in the eleventh edition of the Nice Agreement. Its original inclusion in Class 18 was probably based on its relation to leather and animal skins. However, its sole use is in the manufacture of food products in Class 29. The language of the entry changed with the transfer. It now reads, in Class 29, “sausage casings, natural or artificial” and has been assigned Basic No. 290226. “Sweet corn, processed” (Basic No. 290211) This inclusion in the Alphabetical List in the eleventh edition of the Nice Agreement is significant because corn is a grain and it and other processed grains, such as barley, for example, “crushed barley” (Basic No. 300105), “rice” (Basic No. 300119), and “crushed oats” (Basic No. 300142) are in Class 30. However, the Committee of Experts found that because corn was eaten and used as a vegetable, it made more sense to classify it with other vegetables in Class 29. “Unprocessed sweet corn ears [husked or unhusked]” (Basic No. 310164) is in Class 31, as are all unprocessed or raw fruits, vegetables, and grains.

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CLASS 30 OFFICIAL TEXT Class Heading Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice. Explanatory Note Class 30 includes mainly foodstuffs of plant origin prepared for consumption or conservation, 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 and those made of other cereals). This Class does not include, in particular: • certain foodstuffs of plant origin (consult the Alphabetical List of Goods); • salt for preserving other than for foodstuffs (Cl. 1); • 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); • raw cereals (Cl. 31); • foodstuffs for animals (Cl. 31).

Interpretation To oversimplify the group of goods classified in Class 30, one may say that any processed food product that is not classified in Class 29, is in Class 30.

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a. class heading coffee, tea, cocoa and artificial coffee; rice; tapioca and sago These seven items are “foodstuffs of plant origin,” as indicated in the Explanatory Note for this class. (Sago is a powder prepared from the pith of a sago palm and it is used as a food starch.) However, they are not considered fruits and vegetables; therefore, they would not be appropriately classified in Class 29. The inclusion of these products in the Class Heading brings into Class 30 items such as “chocolate-​ based beverages” (Basic No. 300151), “chocolate beverages with milk” (Basic No. 300085), and “coffee-​based beverages and cocoa-​based beverages” (Basic Nos. 300149 and 300150, respectively).

flour and preparations made from cereals; bread, pastries and confectionery The next group of goods presented in the Class Heading for Class 30 is “flour and preparations made from cereals” and “bread, pastry and confectionery.” These items open the door to a wide range of goods being included in Class 30. Virtually all bakery products, “candy*” (Basic No. 300153), “pasta” (Basic No. 300003), “ice cream” (Basic No. 300046), “pies” (Basic No. 300104), and other grain-​based products are classified in Class 30, based on this language in the Class Heading. Between the “sugar” (Basic No. 300069) set forth in another group of goods in the Class Heading, and most of the other products included in this group of goods, this class accommodates the majority of dessert products and candies. However, fruit desserts may present some confusion with respect to their classification. A fruit pie is classified in Class 30; yet, a can of fruit filling used in making a pie is in Class 29. The reasoning behind this anomaly was presented above in the Class 29 discussion and it applies to this example of fruit pie versus fruit filling: when a considerable Class 30 item is added to a Class 29 food product, and the very nature of the Class 29 item changes, it moves into Class 30.

edible ICES “Edible ices” (Basic No. 300136) that are eaten like ice cream or other frozen confectioneries. They usually are flavored—​often with fruit—​but the specification of the items in the Class Heading makes it clear that they are in Class 30, even if fruit is a significant ingredient in the finished goods.

sugar, honey, treacle These entries in the Class Heading are simple enough to apply. There can be little doubt as to the nature and classification of these products. They are sweet

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International Trademark Classification

ingredients used for flavoring or to make other food products. Other goods that are related to these products also are classified in Class 30, such as “golden syrup” (Basic No. 300096), “molasses for food” (Basic No. 300095), “propolis*” (Basic No. 300166), and “royal jelly*” (Basic No. 300168). Note that propolis and royal jelly most commonly are intended for human consumption; however, the inclusion of the asterisks in the Alphabetical List entries for these items indicates that they may be classified in other classes, if used for another purpose. The most common other uses for these products are dietary or pharmaceutical uses, that is, “royal jelly for pharmaceutical purposes” (Basic No. 050316) and “propolis for pharmaceutical purposes” (Basic No. 050426), and the goods clearly are included in Class 5 if used for either of these purposes.

yeast, baking-powder “Yeast*” (Basic No. 300087) and “baking powder” (Basic No. 300199) logically are classified in Class 30, because they are closely related to many other items in the Class Heading, for example, “sugar*” (Basic No. 300069), “flour*” (Basic No. 300057), and “bread” (Basic No. 300093). There also is no justification for including them in Class 29. It should be noted that baking soda, also called bicarbonate of soda, another often-​used baking ingredient, is classified in Class 1 if for chemical purposes, that is, “bicarbonate of soda for chemical purposes” (Basic No. 010578); Class 5 if for pharmaceutical purposes, that is, “bicarbonate of soda for pharmaceutical purposes” (Basic No. 050304); and Class 30 if used for cooking or baking purposes, that is, “baking soda [bicarbonate of soda for cooking purposes]” (Basic No. 300200). The entry for yeast includes an asterisk because there are yeast items in classes other than Class 30 as indicated in the Explanatory Note below.

salt; mustard; vinegar, sauces (condiments); spices The next few items may be grouped together for purposes of discussion. “Cooking salt” (Basic No. 300049), “mustard” (Basic No. 300101), “vinegar” (Basic No. 300081), “sauces [condiments]” (Basic No. 300122), and “spices” (Basic No. 300054), all come within the language of the Explanatory Note that refers to “auxiliaries intended for the improvement of the flavour of food.” These specific items bring the flavorings and essences used in food preparation (other than those that are essential oils, which are classified in Class 3) into Class 30. Also, the common condiments “mustard” (Basic No. 300101), “relish” (Basic No. 300167), “ketchup [sauce]” (Basic No. 300082), and “mayonnaise” (Basic No. 300172) are consolidated in this class. “Tomato sauce” (Basic No. 300171) is specifically included in the Alphabetical List in Class 30 to avoid its possible misclassification in Class 29 as a vegetable product, with other tomato products, such as “tomato juice for cooking” (Basic No. 290110), “tomato puree” (Basic No. 290101), and, of course, canned tomatoes, all of which are classified in Class 29.

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ice The final item in the Class Heading, “ice,” is simply that: frozen water. There is no other class more appropriate for the classification of this item than Class 30 because ice cream and edible ices also are classified in the class. The item is included in the Alphabetical List as “ice, natural and artificial” (Basic No. 300075) and “ice cubes” (Basic No. 300254).

b. explanatory note Class 30 includes mainly foodstuffs of plant origin prepared for consumption or conservation, 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 The items beverages with a coffee, cocoa, chocolate, or tea base are set forth specifically in the inclusions of the Explanatory Note to avoid their possible classification in Class 29, or even Class 32, with other beverages. This note differentiates between those beverages classified in Class 30, and the beverages that are in Class 29, namely, “milk beverages, milk predominating” (Basic No. 290072). Suffice it to say that, at least concerning Classes 29 and 30, beverages are classified according to their predominant ingredient or base. Therefore, beverages in which milk is the prevailing ingredient are classified in Class 29, as milk itself is classified in Class 29, and beverages with primary bases of “coffee,” “cocoa,” “chocolate,” or “tea” (Basic Nos. 300149, 300150, 300151, and 300187, respect­ively) are included in Class 30, because “coffee” (Basic No. 300026), “cocoa” (Basic No. 300024), “chocolate” (Basic No.300038), and “tea*” (Basic No. 300037) all are classified in Class 30. This Class includes, in particular: •  cereals prepared for human consumption (for example, oat flakes and those made of other cereals) This Explanatory Note makes the classification of “breakfast” cereals in Class 30 reasonably clear. The Class Heading refers to “preparations made from cer­ eals,” but this language conceivably could include only the finished product made from a highly processed cereal, and not goods as simple as “oat flakes” (Basic No. 300145), “corn flakes” (Basic No. 300043), or bran flakes. These cereal products could be included in Class 29, based on the exclusionary Explanatory Note in Class 30 discussed below, regarding certain foodstuffs of plant origin. Certainly, these prepared cereal products are of plant origin and easily could comprise the goods contemplated by the language of the specific exclusion from Class 30. This specific inclusion in the Explanatory Note, however, removes any doubt concerning the classification of these goods.

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International Trademark Classification

This Class does not include, in particular: •  certain foodstuffs of plant origin (consult the Alphabetical List of goods) Clearly, there are items classified in Class 29 that fit within the introductory sentence of the Class 30 Explanatory Note that easily would be considered “foodstuffs of plant origin prepared for consumption or conservation.” For example, the Class 29 Class Heading entry “preserved, dried and cooked fruits and vegetables; jellies, jams, compotes” undoubtedly could be covered by this Class 30 Explanatory Note. This specific exclusion requires consultation of the Alphabetical List concerning goods of “plant origin” to determine whether, like jams, jellies, and preserved fruits and vegetables, they are classified in Class 29 or, like “rice” (Basic No. 300119), “flour*” (Basic No. 300057), and “sugar*” (Basic No. 300069), are correctly classified in Class 30. Also, note that Class 29 has the same language in one of its exclusionary notes, thereby indicating that goods of plant origin not classified in Class 29 are included in Class 30. Because of this parallel exclusion in these two food classes, consulting the Alphabetical List concerning goods of plant origin whose classification in Class 29 or Class 30 may be questionable is recommended. This Class does not include, in particular: •  salt for preserving other than for foodstuffs (Cl. 1) “Salt for preserving foodstuffs” (Basic No. 300014) is in Class 30; however, “salt for preserving, other than for foodstuffs” (Basic No. 010003) is classified in Class 1. Although the exclusion of this item from Class 30 makes sense, it is not obvious that the item should be classified in Class 1. The note also makes it clear that only salt for food purposes is included in Class 30. Other salt products must be classified elsewhere, most commonly in Class 1. This Class does not include, in particular: •  medicinal teas and dietetic food and substances adapted for medical use (Cl. 5) •  baby food (Cl. 5) Similar exclusions to these were analyzed above in the Class 29 discussion. Note that “medicinal tea” (Basic No. 050149) is included in the specific exclusion language in Class 30 to avoid the classification of these goods with the “tea*” (Basic No. 300037) found in this class. The reasons for exclusion from Class 30 of these types of goods are the same as the reasons for their exclusion from Class 29. The class distinctions regarding medicinal teas, dietetic food, substances adapted for medical use, and baby food are discussed in Class 5. This Class does not include, in particular: •  dietary supplements (Cl. 5) This specific exclusion represents a significant clarification and simplification of this area of goods. Previously, in order for a dietary supplement to be classified in Class 5,

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the identification of the goods had to include the language “for medical purposes,” “for veterinary purposes,” or “for medical and veterinary purposes.” If the dietary supplement did not indicate a Class 5 use, it was classified in Class 29 or Class 30, depending on the basis of the supplement. However, dietary supplements are not considered food in the sense of something that comprises a meal or snack. They are meant to augment or, as their name indicates, supplement the nutritional value of the normal diet of a human being or animal. Therefore, without requiring further specification, dietary supplements, without exception, are classified in Class 5. The specific supplement may be indicated, for example, “linseed dietary supplements” (Basic No. 050421) and “flaxseed oil dietary supplements” (Basic No. 050422) or a general identification, may be used, for example, “mineral food supplements” (Basic No. 050382). This Class does not include, in particular: •  yeast for pharmaceutical purposes (Cl. 5), yeast for animal consumption (Cl. 31) As indicated above, yeasts, in other forms and for other purposes, are in classes other than Class 30. “Yeast for pharmaceutical purposes” (Basic No. 050194) and “yeast dietary supplements” (Basic No. 050424) are in Class 5 and “yeast for animal consumption” (Basic No. 310077) is in Class 31. This Class does not include, in particular: •  raw cereals (Cl. 31) The Explanatory Note for Class 30 excludes “raw cereals” from Class 30 and indicates that they are classified in Class 31. As will be seen in the discussion of Class 31, this designation is accurate. However, the Class 31 discussion also demonstrates that it is sometimes difficult to determine when a food product is considered raw, and classified in Class 31, and when it has been processed to such a degree that it must be assigned to either Class 29 or Class 30. Once a cereal is altered into a form in which it can be consumed by humans, it is no longer classified in Class 31. Only “raw cereals” are included in Class 31. This Class does not include, in particular: •  foodstuffs for animals (Cl. 31) Understandably, foodstuffs for animals also are excluded from Class 30. The explanation for their exclusion from Class 29 applies here, as well. Any food that is specially formulated for consumption by any kind of animal is classified in Class 31.

c. supplemental commentary Flavorings Flavorings that are not essential oils are classified in Class 30, regardless of what food or beverage item they eventually are used to flavor. “Flavorings, other than

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International Trademark Classification

essential oils, for beverages and cakes” (Basic Nos. 300141 and 300070, respect­ ively,), and “food flavorings, other than essential oils” (Basic No. 300140), in general, are specifically listed in Class 30 in the Alphabetical List. Note that “flavorings, other than essential oils, for tobacco” (Basic No. 340042) and “flavorings, other than essential oils, for use in electronic cigarettes” (Basic No. 340043) are in Class 34 with other tobacco products. However, this classification makes sense because these flavorings are not essential oils and are not used to flavor food or beverages. “Infusions, not medicinal” (Basic No. 300009) This entry in the Alphabetical List addresses tea-​like beverages that are made from herbs, fruits, or flowers. Because “herbal teas for medicinal purposes” (Basic No. 050240) are listed in Class 5 in the Alphabetical List, this entry clarifies that infusions of materials other than traditional “tea*” (Basic No. 300037) are classified in Class 30, when they are not intended for medical use. Tacos and tortillas There should be no question that “tacos” (Basic No. 300184) and “tortillas” (Basic No. 300185) are classified in Class 30, because they are corn-​based products and, as a grain, corn and its derivative products are classified in Class 30. (But see the discussion of the inclusion of “sweet corn, processed” [Basic No. 290211] in Class 29.) Their inclusion in the Alphabetical List represents another notable example of the introduction of items that are rooted in the culture of the Americas. Tabbouleh “Tabbouleh” (Basic No. 300190) was included in the Alphabetical List, because its classification is, potentially, problematic. It is made primarily from bulgur, which is a grain, and grains generally are in Class 30. However, there is also a significant amount of parsley in the finished product, and parsley would be classified in Class 29 as a vegetable product. Because the grain element is slightly dominant, classification in Class 30, rather than Class 29, was considered proper. Halvah Although “tahini [sesame seed paste]” (Basic No. 290157), a paste made from sesame seeds, is classified in Class 29, “halvah” (Basic No. 300191), another product that is made from sesame seeds, is classified in Class 30. Halvah is a highly sweetened confectionery and, like other highly sweetened products, it is properly classified in Class 30 with other confectioneries. Because it is made from a

 25

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225

significant ingredient that is classified in Class 29, it was important to include halvah explicitly in the Alphabetical List in Class 30 to avoid misclassification of this candy-​like product made from sesame seeds. Quiches As another item that combines Class 29 and Class 30 goods, the classification of “quiches” (Basic No. 300192) required clarification. It is analogous to “pies” (Basic No. 300104), items that are clearly classified in Class 30. However, the filling is composed predominantly of Class 29 items, such as eggs, bacon, spinach, and cheese, and it is not sweetened. It was upon the strength of the analogy of quiche with pies that finalized the classification of this item in Class 30. “Soya bean paste [condiment]” (Basic No. 300194) This item is included in Class 30 in the Alphabetical List even though its basic component is a Class 29 item, that is, processed soybeans. However, the notation that it is a condiment makes it a Class 30 item, based on the language in the Explanatory Note for Class 30, because soybean paste is used in the manner of “auxiliaries intended for the improvement of the flavour of food.”

26

CLASS 31 OFFICIAL TEXT Class Heading 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; • plant residue; • unprocessed algae; • unsawn timber; • fertilized 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).

Interpretation This class continues the “food chain” that was begun in Class 29, although it also includes non-​food items.

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a. class heading RAW AND UNPROCESSED agricultural, AQUACULTURAL, horticultural and forestry products The Class Heading begins with agricultural, aquacultural, horticultural, and forestry products. Because there is another Class Heading that covers live animals, this Class Heading includes raw and unprocessed goods that are the result of agricultural, aquacultural, horticultural, and forestry activities. Thus, this Class Heading is the basis for including items such as “copra” (Basic No. 310040), “fruit residue [marc]” (Basic No. 310086), “palms [leaves of the palm tree]” (Basic No. 310100), “pollen [raw material]” (Basic No. 310057), “rough cork” (Basic No. 310078), and “unsawn timber” (Basic No. 310017) in Class 31.

raw and unprocessed grains and seeds This Class Heading is quite broad and includes “grains [cereals]” (Basic No. 310066) and “seeds for planting” (Basic No. 310068). The classification of these items in Class 31 can be understood in conjunction with the Explanatory Note, which reads, in part, “this class includes mainly land and sea products not having been subjected to any form of preparation for consumption.” Thus, the grains and seeds in Class 31 are unprocessed products, such as “oats” (Basic No. 310012), “wheat” (Basic No. 310061), “edible flaxseed, unprocessed” (Basic No. 310160), and “cereal seeds, unprocessed” (Basic No. 310023). Any degree of processing would move these grains, in most cases, to Class 30 (see “oat flakes” [Basic No. 300145], “wheat flour” [Basic No. 300063], and “flaxseed for culinary purposes [seasoning]” [Basic No. 300212]).

fresh fruits and vegetables, fresh herbs This next category is straightforward. However, a problem exists in determining when fresh fruits, vegetables, and herbs are processed to the degree that they should be classified in Class 29 rather than Class 31. First, the easy examples should be examined. Basically, a fruit, vegetable, or herb that is cut from its supporting plant without further processing is in Class 31. However, a head of lettuce when cut in the field does not look like the lettuce one eventually buys in the grocery store. The dirt has been washed off the store-​ ready head of lettuce, the tough outer leaves have been removed, and the lettuce may have been placed in a plastic bag. This degree of processing does not remove the item from Class 31. It is still a fresh vegetable that is generally in the same condition as when it was plucked from the field. Yet, if the lettuce were cut up and sealed in a bag, ready to be used as a salad ingredient, it would probably shift to a Class 29 item by analogy with the entry “vegetable salads” (Basic No. 290102). The extent of the processing has changed the nature of the vegetable; therefore,

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International Trademark Classification

it can no longer be considered “unprepared.” This is similar to the distinction between Class 29 and Class 30 goods in which a Class 30 component has so changed the character of a Class 29 product that its classification shifts from Class 29 to Class 30.

natural plants and flowers; BULBS, SEEDLINGS AND SEEDS FOR PLANTING The next two entries in the Class Heading can be discussed together because they are closely related. Here, too, there should be little problem in determining which products belong in Class 31. All things growing or recently growing, as in the case of “Christmas trees” (Basic No. 310009) and “flowers, dried, for decoration” (Basic No. 310056) are in Class 31. The “seeds for planting” (Basic No. 310068), “flower bulbs” (Basic No. 310091), or “seedlings” (Basic No. 310072) from which these growing things spring are also classified in Class 31. It should be noted that the seeds in Class 31 are those used for planting or are completely unprocessed if intended for eventual human consumption. Processed seeds, such as “sunflower seed, prepared” (Basic No. 290166) are in Class 29. Processed seeds for animal consumption are in Class 31, so the line drawing between processed and unprocessed becomes less relevant in the context of animal feed because the seeds would be in Class 31 regardless of the extent of processing.

live animals “Live animals” (Basic No. 310006) is a self-​explanatory entry. Virtually all living animals, birds, fish, etc. are classified in Class 31. Thus, “eggs for hatching, fertilised” (Basic No. 310045) are in Class 31 because, as explained above with respect to Class 29, the beginning stages of a living organism exist in a fertilized egg, and its purpose is to develop into that living organism. This category also includes live animals that are eaten live or sold to be cooked in their living state, such as “oysters” (Basic No. 310137), “mussels” (Basic No. 310136), and “lobsters” (Basic No. 310135).

foodstuffs AND BEVERAGES for animals Nourishment for any kind of animal is in this class so long as it is not for medical purposes. As with food for human consumption, if the food or beverage is specially formulated to treat or cure a particular medical condition it must be classified in Class 5 and its specialized purpose indicated in its description. Other than that qualification, all food and beverages for animals from “bird food” (Basic No. 310035) and “beverages for pets” (Basic No. 310142) to “fodder” (Basic No. 310060) and “hay” (Basic No. 310058), are in Class 31.

 29

Class 31

229

malt Although “malt” is listed in the Class Heading, only “malt for brewing and distilling” (Basic No. 310084) is included in Class 31, as a specific item in the Alphabetical List. Other malt products, such as “malt extract for food” (Basic No. 300164) and “malt for human consumption” (Basic No. 300165), are in Class 30. Thus, it is only malt as a raw ingredient in the brewing and distilling process that is included in Class 31.

b. 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 This Explanatory Note was discussed above in the Class 30 section, as well as in the section dealing with the first entry in the Class Heading for Class 31. Raw cereals are included in Class 31 and must be differentiated from the processed cereals that are classified in and discussed in Class 30. This Class includes, in particular: •  plant residue An unusual item, plant residue is the plant matter that is left in a field after harvest. It can also refer to the solid remains of grapes or olives after they have been pressed for their juice or oil. It contains the skins, pulp, seeds, and stems of the fruit. Many nutrients can be found in plant residue. That is why it can be used as an effective animal fodder. As such, plant residue is in Class 31 because it can be used as “animal foodstuffs” (Basic No. 310007). The only entries in the Alphabetical List for any type of plant residue are “fruit residue” [marc] (Basic No. 310086) and “residue in a still after distillation” (Basic No. 310022), both of which are in Class 31. This Class includes, in particular: •  unprocessed algae Unprocessed algae can be used for human or animal consumption and, therefore, is properly classified in Class 31. The entry in the Alphabetical List simple reads, “algae, unprocessed for human or animal consumption” (Basic No. 310003). Algae is generally considered a plant, although there are some animal attributes

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that can be ascribed to it. However, plant or animal, it is in Class 31 when it is unprocessed. This Class includes, in particular: •  unsawn timber Unsawn timber is included in Class 31. Such products are reflected in the Alphabetical List by the entries “undressed timber” (Basic No. 310019) and, of course, “unsawn timber” (Basic No. 310017). However, “wood, semi-​worked” (Basic No. 190026) is in Class 19 because it would be considered a non-​metallic building material. Thus, a fresh-​cut tree would be in Class 31. However, as soon as it is cut into boards, no matter how unfinished, the wood is considered semiworked and is in Class 19. This Class includes, in particular: •  fertilized eggs for hatching As indicated above, “eggs for hatching, fertilized” (Basic No. 310045) are included in Class 31 because they are the prenascent form of a living animal. They are also differentiated from fertilized eggs that are consumed as food. This Class includes, in particular: •  fresh mushrooms and truffles Although a type of fungus, mushrooms and truffles are agricultural products similar to fruits and vegetables. Therefore, in their fresh or raw state, they are classified in Class 31. This is clearly supported in the Alphabetical List, which includes “mushrooms, fresh” (Basic No. 310024) and “truffles, fresh” (Basic No. 310121) in Class 31 with other fresh or unprocessed foodstuffs, whereas “mushrooms, preserved” (Basic No. 290120) and “truffles, preserved” (Basic No. 290113) are in Class 29 with other preserved or processed fruit or vegetable foodstuffs. This Class includes, in particular: •  litter for animals, for example, aromatic sand, sanded paper for pets This is an important specific inclusion Explanatory Note. Litter can be made from many different products, including sand. However, sand, when not specified for a particular use, is in Class 19, for example, “sand, except foundry sand” (Basic No. 190166). This Explanatory Note makes it clear that sand used as litter for animals, whether loose or adhered to paper, is in Class 31. Litter made from other substances is also in Class 31, for example, “litter peat” (Basic No. 310081) and “straw litter” (Basic No. 310098).

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Class 31

231

This Class does not include, in particular: •  cultures of micro-​organisms and leeches for medical purposes (Cl. 5) This is the only exception to the general inclusion of live animals in Class 31. It concerns microorganisms and other similar elementary living creatures that are used for medical (Class 5)  purposes. Although these organisms may qualify as “live animals” (Basic No. 310006), their use is so highly specialized and different from common uses for live animals that they are classified as non-​living matter used in a particular field. This Class does not include, in particular: •  dietary supplements for animals and medicated animal feed (Cl. 5) “Dietary supplements for animals” (Basic No. 050419) and “medicated animal feed” (Basic No. 050445) are not considered food in the sense of something that comprises primarily nutrition for an animal. Dietary supplements are meant to augment or, as their name indicates, supplement the nutritional value of a normal diet. Medicated animal feed is self-​explanatory: it is animal feed that includes a significant medication component. Therefore, without the need for further specification, dietary supplements for animals and medicated animal feed are classified in Class 5 and not in Class 31. This Class does not include, in particular: •  semi-​worked woods (Cl. 19) The subject of this exclusion was discussed above in the counterpart specific inclusion of unsawn lumber in Class 31. There must be some degree of processing of wood to move it from Class 31 to Class 19. “Undressed timber” (Basic No. 310019), “unsawn timber” (Basic No. 310017), and “wood chips for the manufacture of wood pulp” (Basic No. 310018) are in Class 31, whereas “wood panelling” (Basic No. 190035), “wood paving” (Basic No. 190032), and “wood, semi-​worked” (Basic No. 190026) are in Class 19. This Class does not include, in particular: •  rice (Cl. 30) The specific exclusions go on to mention “rice” (Basic No. 300119), which is classified in Class 30, as noted by the Class Heading. Rice is a grain and could easily be misclassified in Class 31. However, its primary importance is as a food product for human consumption and, therefore, it has been classified as a Class 30 food product. Of course, some degree of processing is necessary for inclusion of rice in Class 30. Unprocessed rice would be in Class 31.

23

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International Trademark Classification

This Class does not include, in particular: •  tobacco (Cl. 34) This specific exclusion indicates that “tobacco” (Basic No. 340003) is classified in Class 34, even though it is an agricultural product. The significance of tobacco is so great that it has a class of its own. Because it is an agricultural product that is not eaten by humans, but for the existence of Class 34, it would be classified in Class 31.

c. supplemental commentary Rough cork “Rough cork” (Basic No. 310078)  is an example of a natural product that is included in Class 31 when in a raw or semiraw state but classified elsewhere when it becomes a finished good. Finished cork products, either “cork for bottles” (Basic No. 200029) or cork in sheets or other finished forms, are classified in Class 20, whereas the raw product is classified in Class 31. Similarly, “raw bark” (Basic No. 310139) is classified in Class 31, whereas the more finished “bark for pharmaceut­ ical purposes” (Basic No. 050132) is in Class 5.

3 2

CLASS 32 OFFICIAL TEXT Class Heading Beers; mineral and aerated waters and other non-​a lcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages. Explanatory Note Class 32 includes mainly non-​a lcoholic beverages, as well as beer. This Class includes, in particular: • de-​a lcoholised beverages. This Class does not include, in particular: • beverages for medical purposes (Cl. 5); • milk beverages (milk predominating) (Cl. 29); • beverages with coffee, cocoa, chocolate or tea base (Cl. 30).

Interpretation a. class heading beers The only item in the Class Heading that presents a problem in this class is the first one, “beer” (Basic No. 320002). Beer has alcohol content but it is classified in Class 32 with “non-​a lcoholic beverages” (Basic No. 320031). It is in Class 32 because often it is consumed as an alternative to the other soft drinks that are in this class. Generally, beer has a lower alcohol content than most beverages in Class 33, the class for alcoholic beverages, but it must be remembered that the classification of beer in Class 32 is not based on its low alcohol content. Rather, the classification of beer in this class is based on its characterization as a soft drink alternative.

mineral and aerated waters and other non-​alcoholic beverages; fruit beverages and fruit juices The next few items, “mineral and aerated waters and other non-​a lcoholic beverages; fruit beverages and fruit juices,” present few problems. They are self-​explanatory

342

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International Trademark Classification

and make up the bulk of goods included in this class. The inclusion of “non-​ alcoholic fruit juice beverages” (Basic No. 320006) and “fruit juices” (Basic No. 320010) under the Class Heading dispels the temptation to classify these goods in Class 29 with other fruit products. Some drinks in Classes 29 and 30 can be confused with the drinks in Class 32. The Explanatory Note highlights these products, and they are discussed below.

syrups and other preparations for making beverages The final category in the heading is “syrups and other preparations for making beverages.” These products should present few classification problems. However, a distinction should be drawn between “syrups for beverages” (Basic No. 320011) and other syrups used for other purposes, classified in other classes. Usually, these other syrups are classified in Class 30, even if they are fruit-​based, because these syrups tend to be high in sugar content and are used in association with other Class 30 items, such as “ice cream” (Basic No. 3000346). They are considered food items rather than beverage preparations. If the primary purpose of a syrup is to make a beverage, it must be classified in Class 32. A syrup that may be put to both uses may be classified in either Class 30 or 32 if the characteristic of each class is made clear, that is, syrups for use as a dessert topping in Class 30 and syrups for use in making beverages in Class 32. It should also be noted that other syrup or extract products are in Class 32 even though they are used to make alcoholic beverages, such as “extracts of hops for making beer” (Basic No. 320021) and “preparations for making liqueurs” (Basic No. 320024). These goods are properly classified in Class 32 because they do not contain any alcohol, even though they are used in the production of alcoholic beverages.

b. explanatory note Class 32 includes mainly non-​a lcoholic beverages as well as beer. This Class includes, in particular: •  de-​alcoholised beverages Class 32 includes de-​alcoholized beverages. These beverages are originally made with an alcohol content but have had the alcohol removed at a later stage of processing. This is different from a non-​alcoholic drink that never had alcohol in its composition. Producers of these products are often not allowed to use the name by which the product is known when it has its traditional alcohol content. This is due to reasons of national law, as well as commercial integrity. “Beer” (Basic No. 320002), by definition, contains alcohol, unless it is clearly a specific item which, by definition, contains such a minimal amount of alcohol that it would not be considered an alcoholic beverage but rather a “soft” drink, such as birch beer or “ginger beer” (Basic No. 320003). Also, in this context, low-​alcohol beverages

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Class 32

235

should not be in Class 32 (other than beer). A low-​alcohol wine must be classified in Class 33 because it is still a wine regardless of its lower alcohol content. However, a de-​alcoholized wine should be classified in Class 32. This Class does not include, in particular: •  beverages for medical purposes (Cl. 5) The rationale for the exclusion of medical beverages from Class 32 is the same as for the other foods for medical purposes being classified in Class 5 and excluded from both Classes 29 and 30. To reiterate, a food or beverage that is used for the treatment or cure of a particular medical condition and is used pursuant to the instructions of a medical professional should be classified in Class 5. This special use should be specified in order to avoid confusion or misclassification of the item in Classes 29, 30, 32, or, in the case of animal foodstuffs, Class 31. It should be noted that “isotonic beverages” (Basic No. 320045)  are in Class 32. Although they are fortified with minerals that help revive the body following strenuous exercise, they cannot be said to treat or cure a particular medical condition. Therefore, a specific entry for these beverages is in the Alphabetical List in Class 32. This Class does not include, in particular: •  milk beverages (milk predominating) (Cl. 29) •  beverages with coffee, cocoa, chocolate or tea base (Cl. 30) As discussed in the specific inclusions of the Explanatory Notes of Classes 29 and 30, milk-​based beverages are always in Class 29. However, “coffee-​based beverages,” “cocoa-​based beverages,” “chocolate-​based beverages,” or “tea-​based beverages” (Basic Nos. 300149, 300150, 300151, and 300187, respectively) are in Class 30 because “coffee” (Basic No. 300026), “cocoa” (Basic No. 300024), “chocolate” (Basic No. 300038), and “tea*” (Basic No. 300037) are in Class 30. Thus, iced coffee or “iced tea” (Basic No. 300186), as well as flavored tea beverages (e.g., peach-​flavored iced tea) are in Class 30 rather than Class 32, even though they are consumed in the same manner and for the same purpose as most of the other beverages in Class 32.

c. supplemental commentary Cider, non-​a lcoholic After extensive discussion, “cider, non-​a lcoholic” (Basic No. 320047) was added to the Alphabetical List in the eighth edition in Class 32. This is another good example of the Nice Agreement being adapted to the needs of the Americas. In North America, cider is typically a non-​a lcoholic beverage. It is merely freshly pressed and unpasteurized apple juice. However, in Europe, cider is typically

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International Trademark Classification

alcoholic. Indeed, for many years, the unqualified entry “cider” (Basic No. 330009) has existed in the Alphabetical List in Class 33. In order to meet the needs of North American users of the Nice Agreement, cider with the qualifi­ cation “non-​a lcoholic” was introduced in Class 32.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Milk substitutes and related beverages The eleventh edition of the Nice Agreement clarified the classification of milk substitutes and beverages made from the same food product as the milk substitutes but used as a beverage that is not considered a milk substitute. Class 29 now includes “rice milk” (Basic No. 290189), “soy milk” (Basic No. 290163), “oat milk” (Basic No. 290204), “almond milk” (Basic No. 290218), “peanut milk” (290219), and “coconut milk” (290220). It also includes “coconut milk-​based beverages” (Basic No. 290222), “almond milk-​based beverages” (Basic No. 290224), and “peanut milk-​based beverages” (Basic No. 290225). These are all considered “milk beverages, milk predominating” (Basic No. 290072). However, “rice-​based beverages, other than milk substitutes” (Basic No. 320055)  and “soya-​based beverages, other than milk substitutes” (Basic No. 320053) are in Class 32. The classification of these items depends on their description and an understanding of the difference between animal milk substitutes, milk-​based beverages, and beverages made from the basic ingredient of a milk substitute but being a beverage that does not use that ingredient as a milk substitute.

7 23

CLASS 33 OFFICIAL TEXT Class Heading Alcoholic beverages (except beers). Explanatory Note This Class does not include, in particular: • medicinal beverages (Cl. 5); • de-​a lcoholised beverages (Cl. 32).

Interpretation Any beverage that has not been classified in Class 29, 30, 32, or, in the case of beverages for medical purposes, Class 5, will be found in Class 33. This leaves alcoholic beverages for this final class in the food and beverage cluster of classes.

a. class heading alcoholic beverages (except beers) All alcoholic beverages, regardless of the amount of alcohol in the beverage (except in the case of beer as indicated above), are classified in Class 33. This includes premixed “cocktails” (Basic No. 330010), “alcoholic essences” (Basic No. 330024), and “fruit extracts, alcoholic” (Basic No. 330002). If a beverage is alcoholic and is not characterized as “beer” (Basic No. 320002), “malt beer” (Basic No. 320004), or some other commonly recognized term for a beer-​type product, it must be classified in Class 33. As indicated above, the alcoholic content of a beverage does not control whether it is classified in Class 32 because of a low alcohol content, or Class 33 because of a higher alcoholic content. Rather, the classification is based on whether something is a beer product in Class 32 or any other alcoholic beverage in Class 33.

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International Trademark Classification

b. explanatory note This Class does not include, in particular: •  medicinal beverages (Cl. 5) This specific exclusion was discussed in Class 32. The rationale for the exclusion of medical beverages from Class 32 is the same as for the other foods for medical purposes being classified in Class 5. To reiterate, a food or beverage that is used for the treatment or cure of a particular medical condition and is used pursuant to the instructions of a medical professional is classified in Class 5. This special use should be specified in order to avoid confusion or misclassification of the item in Classes 29, 30, 32, or, in the case of animal foodstuffs, Class 31. This Class does not include, in particular: •  de-​alcoholised beverages (Cl. 32) Class 33 excludes de-​alcoholized drinks. This, too, is discussed in Class 32. De-​a lcoholized beverages are originally made with an alcohol content but have had the alcohol removed at a later stage of processing before sale to the public. Therefore, as goods in trade, they cannot be considered an alcoholic beverage in Class 33.

c. supplemental commentary Cider A possible point of confusion in the Alphabetical List is the item “cider” (Basic No. 330009)  in Class 33. This entry refers to the cider product that has an alcohol content. However, as noted above in Class 32, this confusion has been clarified by the inclusion of “cider, non-​a lcoholic” (Basic No. 320047) in Class 32.

 293

CLASS 34 OFFICIAL TEXT Class Heading Tobacco; smokers’ articles; matches. Explanatory Note This Class includes, in particular: • tobacco substitutes (not for medical purposes). This Class does not include, in particular: • cigarettes without tobacco, for medical purposes (Cl. 5).

Interpretation The last class of goods is not a difficult class. It is highly specialized and contains some goods that could be classified elsewhere but for their use in this area. However, it should be noted that Class 34 was affected by the change in the classification of goods made from precious metals when such goods are classified according to their functions when not made of precious metal. A fair number of items in Class 34 fell into this pattern. Now the goods are in Class 34 regardless of material composition and are no longer in Class 14, even if they are made of precious metal. Some examples of this are “ashtrays for smokers” (Basic No. 340036), “cigar cases” (Basic No. 340015), and “cigar holders” (Basic No. 340017). All of these are in Class 34, without reference to their material compositions.

a. class heading tobacco The obvious items to be included in this class are “tobacco” (Basic No. 340003) and tobacco products: “cigarettes” (Basic No. 340020), “cigars” (Basic No. 340013), “tobacco” (Basic No. 340003) itself, and “snuff” (Basic No. 340033). It is safe to say that all tobacco and goods made from tobacco are classified in Class 34. It should be noted that tobacco is not included in Class 31 as an unprepared horti­ cultural or agricultural product. There are two possible reasons for this. First,

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International Trademark Classification

tobacco is usually dried and cured by the tobacco grower. It is processed largely before it moves onto the open market. Therefore, it would not be considered goods in trade before it has been processed in some way. This leads to the second reason for classification of tobacco in Class 34. Once it has been cured or processed, it is not for human consumption in the same way as are food products consumed by humans. Therefore, it could not be appropriately classified in any of the food classes. Also, it is not raised for ornamental or decorative purposes, as are other plants in Class 31. There is no rationale for classifying tobacco in either Class 29, 30, or 31. Thus, tobacco in all its forms is classified in Class 34.

smokers’ articles Also in this class are those items that are used in close association with tobacco and tobacco products, such as “tobacco pipes” (Basic No. 340009), “cigarette holders” (Basic No. 340022), and “pipe cleaners for tobacco pipes” (Basic No. 340026). Items that are associated with tobacco products could be classified in other classes. For example, “books of cigarette papers” (Basic No. 340010) could be classified in Class 16, “cigar cutters” (Basic No. 340014) could be classified in Class 8, “pipe racks for tobacco pipes” (Basic No. 340030) could be classified in Class 20, and “tobacco jars” (Basic No. 340032) could be classified in Class 21. However, they are all Class 34 goods. These products are highly specialized for use with the main item in Class 34, namely, tobacco. It is a safe rule of thumb that goods uniquely used with tobacco and tobacco products are classified in Class 34.

matches “Matches” (Basic No. 340001) are listed separately in the Class Heading for Class 34 because they could easily be misclassified in Class 13, as they are incendiary in nature. However, as was explained in Class 13, matches are so closely associated with smoking and tobacco products that they are classified in Class 34.

b. explanatory note This Class includes, in particular: •  tobacco substitutes (not for medical purposes) Along with the tobacco itself, substitutes for tobacco are included in Class 34. The Alphabetical List includes the entry “cigarettes containing tobacco substitutes, not for medical purposes” (Basic No. 340019). The Alphabetical List also refers to “herbs for smoking” (Basic No. 340028) in Class 34. This specific inclusion clarifies that not only are finished cigarettes made from tobacco substitutes in Class 34 but that the tobacco substitute itself is also included in the class.

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Class 34

241

This Class does not include, in particular: •  cigarettes without tobacco, for medical purposes (Cl. 5) “Tobacco-​free cigarettes for medical purposes” (Basic No. 050081), are in Class 5, as are “smoking herbs for medical purposes” (Basic No. 050336). This was discussed in Class 5. As indicated in that class discussion, because virtually all goods relating to smoking are in Class 34 even though it would make sense to classify them elsewhere (e.g., ashtrays could be classified in Class 21), to avoid this highly specialized kind of cigarette from being included in Class 34 with all other smoking paraphernalia, it is set forth as an exclusion from Class 34 and an inclusion in Class 5.

c. supplemental commentary Smokers’ articles made of precious metal This change took place in the ninth edition of the Nice Agreement. It is so significant that it bears repeating even though it has been discussed in numerous other sections. Once again, as indicated in Class 34, the distinction between goods made of precious metal classified in Class 14 and the same goods also classified in the class of their function has been eliminated. All of these goods are now classified in the classes of their functions, without reference to their material compositions, and now none of them is included in Class 14.

42

CLASS 35 OFFICIAL TEXT Class Heading Advertising; business management; business administration; office functions. Explanatory Note Class 35 includes mainly services rendered by persons or organizations principally with the object of: 1. help in the working or management of a commercial undertaking, or 2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services. 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; • services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data; • services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio. This Class does not include, in particular: • services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).

4 23

Class 35

243

Interpretation Class 35 services are those that directly assist in the operation or management of the commercial activity of another entity. They help other businesses to function in a business-​like manner. Simply because an enterprise conducts business, does not classify the activity of that enterprise in Class 35. If that were the case, all businesses, regardless of their specific activities, would be classified in Class 35. Such a result would undermine the entire organizational purpose of the classification system.

a. class heading advertising All types of “advertising” and “publicity” (both under Basic No. 350039), regardless of the media in which they are presented, are classified in Class 35. Class 38 specifically excludes “radio advertising” (Basic No. 350040) to avoid the misclassification of this Class 35 service in the telecommunications class with “radio broadcasting” (Basic No. 380003). Radio advertising is as much a Class 35 service as is handbill distribution. Advertising fits the classic guideline for Class 35 in that it helps other businesses achieve their business goals. It helps in a purely commercial way; it does not provide technical expertise, physical creation, or transport, or financial support. Advertising is the primary tool used by businesses to make themselves successful. Therefore, all forms of advertising are classified in Class 35. However, a business advertising its own business activities is not an advertising service. Advertising and publicity services must be provided by a party other than the business being advertised to qualify as a service under the Nice Agreement and most national laws.

business management; business administration These two Class Heading entries may be discussed together because they are interrelated, overlapping, and often indistinguishable from each other. This language defines the majority of activities that are included in Class 35. Like advertising, they comprise services that help or enable other businesses to perform their function or purpose. Activities such as “book-​keeping” (Basic No. 350015), “accounting” (Basic No. 350015), “payroll preparation” (Basic No. 350067), and “tax preparation” (Basic No. 350073) are included in Class 35, under the language of these Class Heading entries. Under these headings, the business management of other businesses is classified in Class 35. If the purpose of an enterprise is to run the businesses of others, that

42

244

International Trademark Classification

management activity is included in this class. Also, activities that assist businesses in managing their own affairs are classified in Class 35. The same may be said for business administration services. Certainly, if a service provider administers a business for someone else, that service is classified in Class 35. Activities that assist a business in the administration of its own commercial functions are included in Class 35. Business management services would include activities such as: “Cost price analysis” (Basic No. 350007) “Business efficiency expert services” (Basic No. 350029) “Computerized file management” (Basic No. 350061) “Compilation of statistics” (Basic No. 350100) “Business research” (Basic No. 350041) “Business appraisals” (Basic No. 350032) Business administration services would include activities such as: “Document reproduction” (Basic No. 350026) “Employment agency services” (Basic No. 350012) “Personnel recruitment” (Basic No. 350068) “Payroll preparation” (Basic No. 350067) “Drawing up of statements of accounts” (Basic No. 350016) “Tax preparation” (Basic No. 350073) The line between these types of activities is not clear, and a business management service often could be considered a business administration service. However, all of these activities achieve the purpose of a Class 35 service, namely, to help in the management of the business affairs or commercial functions of an industrial or commercial enterprise other than the provider of the service.

office functions Office functions are a bit more easily defined and understood than are business management and administration. Office functions consist of the day-​to-​day oper­ ations that are required by a business to achieve its commercial purpose. Activities such as the “rental of office machines and equipment” (Basic No. 350013), “photo­ copying services” (Basic No. 350009), “word processing” (Basic No. 350075), “secretarial services” (Basic No. 350072), “shorthand” (Basic No. 350043), “transcription” (Basic No. 350045), and “typing” (Basic No. 350022) are examples of services that would be considered office functions, if performed for a business by another entity. Office functions are activities that assist in the performance of a commercial enterprise. They are as necessary to the success of a business venture as management, administration, and advertising services.

5 24

Class 35

245

b. explanatory note Class 35 includes mainly services rendered by persons or organizations principally with the object of: 1. help in the working or management of a commercial undertaking, or 2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services. 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 This Explanatory Note addresses what is essentially thought of as “retail store services.” In fact, the report from the Seventeenth Session of the Committee of Experts expressly states that this language relates to “retail store services.” Many countries do not recognize retail store services as an activity that may be the subject of a service mark registration. These countries find that the primary function of a retail store is the sale of goods and that kind of activity is not recognized by the Nice Agreement as a service because it primarily provides a benefit to the provider of the sale and not to a third party. However, other countries that recognize this activity as a service, find that the service provided by a retail store is not merely the sale of goods. Rather, activities provided by a retail store that can be recognized as services include the gathering together of various products in one location, providing a site at which purchasers can select goods, and giving consumers the means for consummating purchases. Activities like these are encompassed by this Explanatory Note. A very significant addition in this area in the eleventh edition of the Nice Agreement is the inclusion of “retail or wholesale services for pharmaceutical, veterinary and sanitary prepar­ ations and medical supplies” (Basic No. 350108). This is the first time any type of retail or wholesale service activity has been listed specifically and clearly in the Alphabetical List. Although this particular entry is limited to the field of “pharmaceutical, veterinary and sanitary preparations and medical supplies,” it may open the door to entries in the future that encompass other retail and wholesale fields such as groceries, clothing, sporting goods, and electronic equipment. But this is welcome and long-​awaited language to be recognized by the Committee of Experts and included in the Alphabetical List.

462

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International Trademark Classification

Clearly, a country that does not recognize retail store services as the type of service that could be the subject of a service mark registration under its national law is not obligated now to recognize such a service. This language and the eleventh edition entry referred to above provides guidance to those countries who recognize this activity as a service, as to which class is the proper classification for this endeavor. This Class includes, in particular: •  services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data This inclusion refers to the services that involve organizing and administering the business activities of others. It is imperative to remember that the activities classified in Class 35 always are performed for the benefit of others. An insurance company cannot claim computerized file management of its own files as a service, no matter how sophisticated or unusual that file management system might be. However, if another entity performs this task for an unrelated business, a Class 35 service is performed. This Explanatory Note includes the most common aspects of those business services belonging in Class 35. This note also refers to the compilation of mathematical or statistical data. This phrase must be read in conjunction with the purposes of Class 35 services. The mathematical or statistical data must be for business purposes, such as “economic forecasting” (Basic No. 350063), “business appraisals” (Basic No. 350032), or “drawing up of statements of account” (Basic No. 350016). This Class includes, in particular: •  services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio This Explanatory Note covers the advertising services that are classified in Class 35. Virtually all advertising activities are in this class. This includes activities that usually would be classified in other classes, but for the fact that they fulfill an advertising purpose. For example, “radio advertising” (Basic No. 350040) and “television advertising” (Basic No. 350044) are classified in Class 35, although most of the other radio-​and television-​related services are in either Class 38, for example, “radio broadcasting” (Basic No. 380003) and “television broadcasting” (Basic No. 380005), or Class 41, for example, “production of radio and television programmes” (Basic No. 410026), “radio entertainment” (Basic No. 410015), and “television entertainment” (Basic No. 410031). This distinction in classification is emphasized in the last sentence of the Explanatory Note, which states that “advertising in connection with

 274

Class 35

247

other services” is classified in Class 35. Using the examples also stated in that sentence, advertising for bank loans is in Class 35, not in Class 36 with other financial services, and advertising by radio is in Class 35, not in either Class 38 or Class 41 with other radio-​related services. The other significant guideline concerning advertising services is that the advertising must be for an entity other than the service provider. A bank cannot provide advertising services for its own loan program. An entity that creates an advertisement for the loan program of a client bank may claim advertising services that are recognized in Class 35. Services in Class 35 provide help to other entities in the working, management, or commercial operations of those other entities’ businesses. That is precisely what a service provider in the field of advertising does for others. This Class does not include, in particular: •  services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services) Just as the language in the specific inclusions of the Explanatory Note denotes that the exploitation or compilation of mathematical or statistical data is included in Class 35 (if it is for business purposes), “evaluations and reports of engineers that do not directly refer to the working or management of affairs” (i.e., not for business purposes) are excluded from Class 35. If these reports are purely scientific, are analyses of physical conditions, or provide information for other purposes, such as construction or fabrication, the services related to these reports and evaluations are not classified in Class 35.

c. supplemental commentary “Publicity and Advertising” (Basic No. 350039) As discussed above, publicity and advertising activities are Class 35 services. Some of the specific activities in this area that are included in the Alphabetical List can cause confusion because some of the activities display characteristics that could be attributed to other classes. For example, “modelling for advertising or sales promotion” (Basic No. 350049) is classified in Class 35. Modeling is often considered an offshoot of entertainment services. However, when it is directed toward advertising or sales promotion, the service is classified in Class 35. The “publication of publicity texts” (Basic No. 350038)  is also in Class 35 because it is an aspect of advertising. Publication services are more commonly classified in Class 41, but the entries for such services in that class refer specifically to books and texts other than publicity texts. As with television production services, if the services are directed toward, and limited to, publicity functions, the services are classified in Class 35, rather than Class 41.

428

248

International Trademark Classification

Professional consultations In the seventh, and previous, editions of the Nice Agreement, professional consult­ ations were classified in Class 42, except for “professional business consultancy” (Basic No. 350062) in Class 35 and “insurance consultancy” (Basic No. 360055) or “financial consultancy” (Basic No. 360054) in Class 36. With the elimination of the general consultation Explanatory Note in Class 42 in the eighth edition of the Nice Agreement, professional consultation services could no longer all be classified in Class 42 except for the specific entries indicated above. Consultation services are now classified in the class of the service that corresponds to the subject matter of the consultation. This is the same classification guidance that has been given concerning advice and information services for many years. (See General Remark (c) under Services.) However, in framing the subject matter of a consultation, information, or advice service, it is imperative that the subject matter is grounded in a service. For instance, “consultation services in the field of furniture” does not provide adequate classification information. Consultation concerning purchasing of furniture would be in Class 35, consultation concerning repair of furniture would be in Class 37, consultation concerning manufacture of furniture would be in Class 40, and consultation concerning design of furniture would be in Class 42. Specificity as to the nature of the subject matter must be indicated in order to assure correct classification of the consultation service. “Psychological testing for the selection of personnel” (Basic No. 350090) The service of psychological testing for the selection of personnel was introduced into Class 35, when the revision of Class 42 eliminated any rationale for classifying that service in Class 42. It is appropriate to classify this activity in Class 35 because it is closely related to employment services, and the quality of a potential employee is an important business consideration for an employer. “News clipping services” (Basic No. 350088) News clipping services are in Class 35 because the purpose of such a service is to provide an enterprise, whether commercial or non-​commercial, with information concerning its public image and affecting subject matter of importance to that enterprise. This information assists an enterprise in its management or commercial function and it is appropriately classified in Class 35. “Price comparison services” (Basic No. 350091) This activity is expressly classified in Class 35 because it potentially could be misclassified in Class 36. Price is a financial function and most finance-​related services are classified in Class 36. However, no funds exchange hands when prices

 294

Class 35

249

are compared. Price comparisons provide information, upon which, people or businesses make purchasing decisions. It, however, does not make the exchange of funds for that purchase. So, the information provided is solely for business purposes. It is information that a business or individual uses to make an educated decision about which item or service to purchase based on a comparison of prices. “Presentation of goods on communication media for retail purposes” (Basic No. 350092) An activity such as this should not be classified in Class 38 simply because communication media are used. The purpose of this service is the same as the services of a retail store. It is a service that presents goods for viewing and consideration by potential purchasers in a retail setting. In order to avoid this service being improperly classified in Class 38, it is in the Alphabetical List in Class 35. “Commercial information and advice for consumers [consumer advice shop]” (Basic No. 350093) Services relating to the provision of information and advice usually are classified in the service class relating to the subject matter of the information or advice. However, commercial information and advice for consumers is not classified in the service class related to the goods or services that are the subject matter of the information and advice. Commercial information and advice for consumers are similar to price comparison services, but they often go beyond simply comparing prices. This information includes relative quality, purchase locations, and other factors, upon which a consumer would make a purchasing decision. Therefore, like the price comparison services, this entry is in the Alphabetical List in Class 35 to avoid misclassification in other service classes. “Commercial administration of the licensing of the goods and services of others” (Basic No. 350096) There are licensing services classified in Class 45 that encompass the legal aspect of licensing. Drafting a licensing agreement involves complex legal concepts, and as a result, lawyers usually draw up such agreements. However, once the agreement is in place, the administration of that license becomes a purely business service in Class 35. This entry makes it clear that the administration of a licensing agreement is included in Class 35. “Outsourcing services [business assistance]” (Basic No. 350097) This service is similar to other employment services in which an entity provides people to work for an unrelated entity. However, it is more complex compared

520

250

International Trademark Classification

with providing workers through a temporary or permanent employment agency, because outsourcing can involve the administration of an entire division of a business whose work is being carried out by people who are not employees of that business. Clearly, however, outsourcing provides a service that assists the client-​ business in performing its operations, by having a needed aspect of the client’s business done by others. The reasons may be financial, convenience, or liability; but for whatever reason a business chooses to outsource any of its business functions, the entity that provides the outsourcing service is providing a Class 35 activity. “Layout services for advertising purposes” (Basic No. 350101) Just as the production of commercials is classified in Class 35, this service must be included in Class 35, as well. It could be considered “graphic arts design” (Basic No. 420144) in Class 42, or a publishing-​related service in Class 41. However, its purpose is directed at advertising copy, and owing to that specialization, it is set forth in Class 35 in order to avoid its misclassification in Class 42. “Sponsorship search” (Basic No. 350102) In its broadest sense, this service may be seen as analogous to an executive search service that finds well-​qualified business executives to fill high-​level jobs in a business or corporation. Here, the search is for sponsorship, that is, individuals or enterprises that are willing to assist a business or other venture to succeed in many ways. It is not limited to securing financial sponsorship. Even if it were, sponsorship search would not provide the funding a business might need. It would match sources that have funds to invest with those in need of that funding. It is more of a supply-​and-​demand activity in which the provider of the service supplies entities that can offer sponsorship to another enterprise that demands, or needs, that sponsorship. “Writing of publicity texts” (Basic No. 350099) As an intellectual exercise, the writing of text seems to be a service appropriate for classification in Class 41 with other artistic, educational, or cultural services; indeed, there is an entry in Class 41 for the service of “writing of texts, other than publicity texts” (Basic No. 410184). However, when publicity is the purpose of the writing service, it is more appropriate to classify this specialized text writing service in Class 35 with other advertising services. When not for publicity purposes, writing of texts is classified in Class 41 for the reason indicated above. Fashion shows The nature of a fashion show itself dictates its classification. If the fashion show is for promotional purposes, it is classified in Class 35. If it is for entertainment

1 25

Class 35

251

purposes, it is included in Class 41. The relevant entries in the Alphabetical List are “organization of fashion shows for promotional purposes” (Basic No. 350103) in Class 35 and “organization of fashion shows for entertainment purposes” (Basic No. 410188) in Class 41. “Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies” (Basic No. 350108) As indicated above, this is a very significant entry in the Alphabetical List. The comments about this entry bear repeating here. This is the first time any type of retail or wholesale service activity has been listed specifically and clearly in the Alphabetical List. Although this particular entry is limited to the field of “pharmaceutical, veterinary and sanitary preparations and medical supplies,” it may open the door to entries in the future that encompass other retail and wholesale fields such as groceries, clothing, sporting goods, and electronic equipment. But this is welcome and long-​awaited language to be recognized by the Committee of Experts and included in the Alphabetical List.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Twenty-​first century services The eleventh edition brought many entries to the Alphabetical List that reflect the way business is done in the twenty-​first century. Here are some of the relevant additions: “Search engine optimization for sales promotion” (Basic No. 350111) “Web site traffic optimization” (Basic No. 350112) “Pay per click advertising” (Basic No. 350113) “Updating and maintenance of data in computer databases” (Basic No. 350117) “Provision of an on-​line marketplace for buyers and sellers of goods and services” (Basic No. 350120)

25

CLASS 36 OFFICIAL TEXT Class Heading Insurance; financial affairs; monetary affairs; real estate affairs. Explanatory Note Class 36 includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds. This Class includes, in particular: • services relating to financial or monetary affairs comprise the following: 1. services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services; 2. services of credit institutions other than banks such as co-​operative credit associations, individual financial companies, lenders, etc.; 3. services of “investment trusts,” of holding companies; 4. services of brokers dealing in shares and property; 5. services connected with monetary affairs vouched for by trustees; 6. services rendered in connection with the issue of travellers’ cheques and letters of credit; • hire-​or lease-​purchase financing; • services of realty administrators of buildings, i.e., services of letting or valuation, or financing; • services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.

Interpretation a. class heading This class includes all activities relating to finance, real estate transactions, and insurance. It is not a difficult class to interpret. If a service affects the movement of money, investments in the form of money, insurance, or real estate, the service is classified in Class 36.

 235

Class 36

253

insurance Insurance services are a significant factor in the investment industry; therefore, these services are properly classified in Class 36. The purchase of insurance is a monetary investment. Owning insurance that is activated by the occurrence of particular situations, for example, sickness, death, or accident, assures the insurance holder that there will be money available to pay for any consequences that result from those situations. Furthermore, the investment industry is dependent on insurance funds for its very existence. Insurance funds are invested by insurance companies to provide for any extra funds that may be needed to meet their obligations to insured individuals, should their claims exceed the total amount of premiums collected from these insured individuals. Thus, insurance brokerage, consultancy, information, and underwriting (Basic Nos. 360010, 360055, 360060, and 360012, respectively) all are in Class 36.

financial affairs; monetary affairs These two Class Heading entries are grouped together because they generally include the same types of activities. In fact, the Explanatory Note for Class 36 gives examples of services that are covered by this entry, but it does not differentiate between financial affairs and monetary affairs. Certainly, it would be difficult to draw a line between these two areas. Perhaps, financial affairs deal more with investment and other activities in which the handling of funds is merely represented by paper transactions and does not involve the actual transfer of money. Monetary affairs usually involve transactions in which money actually changes hands. But the difference is immaterial; it is the nature of the activity that classifies it in Class 36, whether it is characterized as a financial affair or a monetary affair. Most of these financial and monetary activities are explained in the Explanatory Note for Class 36. However, one very important activity that is classified in Class 36 based on these Class Headings is not included in the Explanatory Note: appraisal services. The Alphabetical List includes entries for six kinds of appraisal services, namely, antique, art, jewelry, numismatic, real estate, and stamp appraisal (Basic Nos. 360051, 360052, 360061, 360062, 360014, and 360064, respectively) services. Noticeably, “business appraisal” (Basic No. 350032) services are not included in Class 36. As would be expected, these services are classified in Class 35 because they clearly and uniquely provide “help in the management of the business affairs or commercial functions of an industrial or commercial enterprise.” However, the appraisal services that are included in Class 36 are for financial or monetary purposes. Real estate appraisal also would be justifiably included in Class 36 because it obviously relates to real estate affairs. Appraisals in Class 36, such as those included in the Alphabetical List, are used to determine the value of a particular item for its owner. The owner may use that valuation as a basis for insurance coverage, or as a guideline for the sale or purchase of such goods. However, the purpose of the appraisal is for financial or monetary purposes, regardless of how esoteric or aesthetic the subject matter of the appraisal may be.

524

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International Trademark Classification

real estate affairs Except for the actual construction, maintenance, or design of the physical structures involved, virtually all real estate-​related services are classified in Class 36. Agencies, brokerage, and rental of real estate (Basic Nos. 360007, 360008, and 360004, respectively) provide services, all of which are included in Class 36. Interestingly, “real estate management” (Basic No. 360032) also is classified in Class 36. As previously discussed, most management services are in Class 35; however, the management of real estate is included in Class 36 because this service encompasses activities that are primarily in Class 36, such as rental of properties and lease administration. Therefore, the management of real estate becomes a “real estate affair” and it is classified with all other real estate services in Class 36.

b. explanatory note Class 36 includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds. This Class includes, in particular: •  services relating to financial or monetary affairs comprise the following: 1. services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services Banks and activities closely related to banks are classified in Class 36. Whether defined as a financial or monetary affair, banks provide activities classic to Class 36 services. The Explanatory Note also includes exchange brokers and clearing services, such as “financial clearing” (Basic No. 360021). Basically, if a service is performed by a bank, it is included in Class 36. This Class includes, in particular: •  services relating to financial or monetary affairs comprise the following: 2. services of credit institutions other than banks, such as co-​operative credit associations, individual financial companies, lenders, etc. Activities similar to those performed by banks also are considered Class 36 services when performed by financial institutions other than banks. This Explanatory Note makes this point clear. The activities of an entity that acts like a bank or performs services similar to those performed by a bank are classified in Class 36.

5 2

Class 36

255

This Class includes, in particular: •  services relating to financial or monetary affairs comprise the following: 3. services of “ investment trusts,” of holding companies This Explanatory Note further specifies activities that are classified in Class 36, because they are focused on financial or monetary dealings. However, this note is somewhat unclear in its English-​language version. It is not apparent whether this note refers to the services of investment trusts that are part of holding companies or whether it refers to the services of two separate entities, namely, investment trusts and holding companies. The French equivalent text (les services des “investment trusts,” des compagnies “holding”) is somewhat clearer and it suggests that the latter English interpretation is the correct one. However, the Alphabetical List refers to various trust-​related and investment-​related services (if not investment trust services, specifically), but it does not include an entry for “holding companies” or an entry that suggests that the activities of such entities would be included in Class 36. Perhaps this Explanatory Note intends to convey the concept that services performed by either investment trusts or holding companies are those that are provided to an unrelated entity and are limited to financial or monetary services that are classified in Class 36. This Class includes, in particular: •  services relating to financial or monetary affairs comprise the following: 4. services of brokers dealing in shares and property Almost all brokerage services are classified in Class 36, as suggested by this Explanatory Note. In a brokerage arrangement, the broker never takes title to the property being exchanged. Rather, it serves as the entity that controls and performs all of the financial arrangements necessary for the transfer of shares, or property, from the current owner to the new owner. The function of a broker is purely financial; thus, services of brokers are set forth in the Explanatory Note for Class 36, and “brokerage” (Basic No. 360005) is included as an entry in the Alphabetical List for this class. Only “freight brokerage” (Basic No. 390072) and “transport brokerage” (Basic No. 390073) are found in a class other than Class 36. These brokerages are unique to the transport industry and involve arranging for the actual movement of freight from one point to another; it is not a financial service, as are the services provided by brokers in Class 36. Therefore, freight brokerage and transport brokerage are both listed specifically in the Alphabetical List as Class 39.

562

256

International Trademark Classification

This Class includes, in particular: •  services relating to financial or monetary affairs comprise the following: 5. services connected with monetary affairs vouched for by trustees “Services connected with monetary affairs vouched for by trustees” is set forth in this Explanatory Note to avoid its possible misclassification in Class 35 because these services are being conducted by a trustee on behalf of another entity. The trustee is not necessarily involved in the transfer of funds or investments; it merely guarantees or approves such transfers. However, the services of trustees that are connected with monetary affairs must be classified in Class 36; there is no other reasonable class for them. This service is represented in the Alphabetical List by the entry “trusteeship” (Basic No. 360028). Services provided by trustees that are not connected with monetary affairs could be classified in other classes, such as business administrative services for the trust for which they are responsible. That type of trusteeship service would be classified in Class 35. This Class includes, in particular: •  services relating to financial or monetary affairs comprise the following: 6. services rendered in connection with the issue of travellers’ cheques and letters of credit These services often relate to travel activities. Certainly, travelers are the primary purchasers of travelers’ checks, and letters of credit often are required of individuals or entities that are entering a new geographic area. Given the relationship of these activities to travel, it would not be unreasonable to classify them in Class 39 with other travel-​related services. However, the primary purpose of these services is financial. These services do not provide travel arrangements, and, in many circumstances, a business or an individual could travel without needing travelers’ checks or letters of credit. Thus, these services are classified in Class 36, even though they, concededly, have a relationship to travel. This Class includes, in particular: •  hire-​or lease-​purchase financing “Hire-​purchase financing” and “lease-​purchase financing” (both under Basic No. 360042) clearly are services classified in Class 36 because they have to do with financing a hiring or leasing activity. Such a finance activity is in Class 36 regardless of the goods or service being obtained through the hire-​purchase or lease-​ purchase activity.

5 27

Class 36

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This Class includes, in particular: •  services of realty administrators of buildings, i.e., services of letting or valuation, or financing As indicated in the discussion above relating to real estate management, the management and administration of realty is in Class 36 and not Class 35, because it involves activities that are uniquely related to Class 36. This Explanatory Note provides examples of these services that also justify the inclusion of “real estate management” (Basic No. 360032)  and administration in Class 36, namely, services of letting or valuation, or financing of real estate. This Class includes, in particular: •  services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services This Explanatory Note sets forth some examples of insurance services that are included in Class 36. The phrase “services rendered to insured” is quite broad and, of course, must be limited to activities relating to the monetary or financial aspects of insurance services. However, the phrase allows for the inclusion of any such insurance activity in Class 36.

c. supplemental commentary “Repair costs evaluation [financial appraisal]” (Basic No. 360103) This entry should help to avoid confusion in various areas. First, repair cost evaluation could be classified in Class 37 with other repair services because of its close relationship with those services. However, the purpose of cost evaluation is primarily financial, so it is appropriate to classify it in Class 36. Furthermore, other evaluation services are included in Class 36 in the Alphabetical List, such as “financial evaluation of standing timber” (Basic No. 360105) and “financial evaluation of wool” (Basic No. 360107). This entry and the entry “financial evaluation [insurance, banking, real estate]” (Basic No. 360026) also in Class 36, make it clear that evaluations of this type are for financial appraisal purposes and not to evaluate the quality of goods for other purposes. Those kinds of evaluation services are classified in Class 42 with the specification that they are done for quality purposes, for example, “quality evaluation of standing timber” (Basic No. 420213) and “quality evaluation of wool” (Basic No. 420214). This split between evaluation services for financial purposes in Class 36 and evaluation services for quality purposes in Class 42 was introduced in the tenth edition of the Nice Agreement

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d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Twenty-​first century services Some additions and changes in Class 36 in the Alphabetical List reflect services that have arisen in the last decade or so. One such change is the amendment of the phrase home banking to online banking (Basic No. 360072). Home banking was added to the Alphabetical List in the eighth edition that entered into force January 1, 2001. It was a major step at that time to include this service that was rendered online, but the term online was not included in the entry. Now, with so many activities being offered online, the Committee of Experts for the eleventh edition accepted the change from “home banking” to “online banking.” At this time, the term online banking is more familiar for describing this service than is home banking. This change reflects an acknowledgment by the Committee of Experts of how business is done now and it expresses that acknowledgment in this entry. An addition to the eleventh edition that reflects acknowledgment of how business is done in this century is “rental of offices for co-​working” (Basic No. 360119). With the widespread use of computers for office work, the work model known also as hoteling has become very popular. Offices are rented, and numerous people share the use of that office, or co-​work in that office, by organizing a schedule of which worker uses that space at a particular time. These workers would probably work at home through an Internet connection between a home-​based computer and the computer system at their job. When it is necessary to work onsite at their place of employment, they can sign up for time in an office rented for co-​working. In this way, the employer needs fewer offices because multiple employees use the offices being rented. Inclusion of this entry in the Alphabetical List reflects awareness by the Committee of Experts of the changing way that business is done in the twenty-​first century.

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CLASS 37 OFFICIAL TEXT Class Heading Building construction; repair; installation services. Explanatory Note Class 37 includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties. This Class includes, in particular: • services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers; • services auxiliary to construction services like inspections of construction plans; • services of shipbuilding; • services consisting of hiring of tools or building materials; • repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition); • various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.; • services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Class 40, see the Explanatory Note of Class 40). This Class does not include, in particular: • services consisting of storage of goods such as clothes or vehicles (Cl. 39); • services connected with dyeing of cloth or clothes (Cl. 40).

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Interpretation The services encompassed by Class 37 involve the construction of buildings or ships and the repair or installation of virtually all types of goods. Class 37 also includes maintenance services and cleaning services.

a. class heading building construction This Class Heading is as simple as it sounds. It provides for the inclusion of services that involve the physical construction of buildings. The designing of a building or the engineering of a bridge is classified in Class 42, not Class 37; only the actual creation of the building itself is classified in Class 37. The class also includes services that are closely related to building construction, such as “wallpapering” (Basic No. 370064)  and “masonry” (Basic No. 370059). Also, “road paving” (Basic No. 370109) and “asphalting” (Basic No. 370005) are in Class 37 because they involve construction activities, even though such activities relate to an end product that, in the strictest sense, is different from an actual building. Interestingly, this Class Heading also allows for the inclusion of a service opposite to that of building construction, namely, “demolition of buildings” (Basic No. 370036). Although not traditionally considered building construction, physical mining services also are in Class 37. “Drilling of wells” (Basic No. 370114), “mining extraction” (Basic No. 370107), and “quarrying services” (Basic No. 370108) are included in this class.

repair Repair services include maintenance as well as cleaning activities. The repair, maintenance, and/​or cleaning of almost any physical object is classified in Class 37. “Chimney sweeping” (Basic No. 370026), “disinfecting” (Basic No. 370038), “vehicle lubrication” (Basic No. 370049), “laundering” (Basic No. 370010), “linen ironing” (Basic No. 370079), “rat exterminating” (Basic No. 370076), “knife sharpening” (Basic No. 370106), and “varnishing” (Basic No. 370086) all are examples of these types of services. Also, some activities that prevent the deterioration of physical objects are included in this class, such as “damp-​proofing of buildings” (Basic No. 370042) and “anti-​rust treatment for vehicles” (Basic No. 370082).

installation services The installation of virtually all goods is classified in Class 37. Air-conditioning apparatus, computer hardware, electric appliances, elevators or lifts, fire alarms,

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freezing equipment, kitchen equipment, irrigation devices, and machinery are examples of goods the installation of which is a service in Class 37. The exception to this general rule is the “installation of computer software” (Basic No. 420201), which is in Class 42 because it is not a physical installation process. Rather, it is a computer programming activity and “computer programming” (Basic No. 420090) is classified in Class 42.

b. explanatory note Class 37 includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties. This Class includes, in particular: •  services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers This Explanatory Note limits Class 37 services to the construction of buildings, roads, and other structures or quasi structures that are created by the building industry. It also indicates that ancillary services to the construction of a building or other structure are classified in Class 37. Thus, not only are the services performed by actual construction service providers classified in Class 37, but services offered by those who augment or finish the construction work are included in the class as well. This Class includes, in particular: •  services auxiliary to construction services like inspections of construction plans This activity merits its own entry in the Explanatory Note. It easily could be classified in Class 42, based on the other testing and evaluation services that are in that class, or based on the involvement of a Class 42 discipline, namely, that of engineers or individuals with knowledge of engineering. However, the inspection of construction plans is so integral to the construction industry that it is reasonable to include this service in Class 37 with other construction services. Based on the language of this Explanatory Note, “building construction supervision” (Basic No. 370031) is included in this class in the Alphabetical List. This service could be classified in Class 35, as a supervisory management type of service, were it not for this Explanatory Note and the inclusion of the specific activity in the Alphabetical List.

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International Trademark Classification

This Class includes, in particular: •  services of shipbuilding The Class Heading and other Explanatory Notes for this class emphasize the construction of land-​based structures. “Shipbuilding” (Basic No. 370021) could be classified in Class 40 with other manufacturing-​type activities. However, shipbuilding is included in Class 37, based on the concept that a ship is considered a building that floats on water. Almost any activity that can take place in a land building can take place on a ship. For example, activities that take place in hotels, factories, hospitals, restaurants, even homes, are examples of activities that can take place either on land in a building or on the water in a ship. The same cannot be said of any other type of vehicle. This Class includes, in particular: •  services consisting of hiring of tools or building materials This Explanatory Note reinforces the General Remarks that precede the List of Classes of Goods and Services in the Nice Agreement. General Remark (b) under Services states, “rental services are classified, in principle, in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, Cl. 38).” The rental of the goods contemplated in this Explanatory Note is specifically included in Class 37 to avoid the possible classification of this service in Class 40, which includes other manufacturing activities. Such Class 40 activities could include the need for tools and/​or building materials. This Class includes, in particular: •  repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition)   various repair services such as those in the fields of electricity, furniture, • instruments, tools, etc. •  services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Class 40 see the Explanatory Note of Class 40) These Explanatory Notes all serve the same purpose, that is, emphasizing the difference between Class 37 repair and maintenance services that restore an object to its original condition and Class 40 material transformation services that completely change a characteristic of the object, or create a new object from various components. As the Explanatory Note indicates, the restoration of an existing object is classified in Class 37. This may involve extensive and invasive processes, but restoration or repair is a service in Class 37 and not a Class 40 material treatment

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activity. Some examples of Class 40 material treatment services include “cloth cutting” (Basic No. 400021), “engraving” (Basic No. 400035), and “silver-plating” (Basic No. 400007). These all involve a significant change in the nature of the goods themselves. Such is not the case with the repair and maintenance activities that are classified in Class 37. This Class does not include, in particular: •  services consisting of storage of goods such as clothes or vehicles (Cl. 39) Clearly, storage services should not be classified in Class 37. This specific exclusion is necessary, because “storage” (Basic No. 390034) could be seen as performing a maintenance function; but storage services generally are classified in Class 39. The maintenance activities in Class 37 have the primary purpose of repairing, restoring, or maintaining the goods involved. Proactive steps are taken in a Class 37 activity to maintain or improve the goods. However, the same cannot be said for storage activities, which only latently maintain goods. This Class does not include, in particular: •  services connected with dyeing of cloth or clothes (Cl. 40) Although it may seem that “cloth dyeing” (Basic No. 400060) could be considered a Class 37 repair or restoration service, this activity changes the basic nature of the item so significantly that it can only be considered a service belonging in Class 40.

c. supplemental commentary “Building sealing” (Basic No. 370042) and “damp-​proofing [building]” (Basic No. 370042) These services are included in the Alphabetical List because they could be confused with services in Class 40. However, these services involve the physical construction of a barrier for, or the incorporation of a protective element into the building process itself. They do not involve the treatment of a structure. A treatment, such as the application of a chemical preparation that is absorbed into the building material itself, thereby changing its porosity, is correctly classified in Class 40. “Vermin exterminating, other than for agriculture, aquaculture, horticulture and forestry” (Basic No. 370091) It should be noted that extermination of vermin for agricultural, aquacultural, horticultural and forestry purposes is classified in Class 44 with other agriculturerelated services. The vermin extermination included in Class 37 excludes those

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International Trademark Classification

Class 44 extermination services. Extermination of vermin in buildings is the most common extermination service that is included in Class 37. It is seen as a cleaning or maintenance service and, as such, is properly classified in Class 37. “Artificial snow-​making services” (Basic No. 370123) This service is included in the Alphabetical List to avoid potential misclassification in Class 40. Because this service involves the creation of snow, it easily could be misclassified in Class 40, the class that covers custom manufacturing services. However, the purpose of artificial snowmaking is to make a path for skiing. In a sense, it is used to construct a ski trail and, thus, is classified in Class 37 with the other construction services. “Restoration of works of art” (Basic No. 370126) and “restoration of musical instruments” (Basic No. 370127) These services were included in the Alphabetical List for various reasons. First, the restoration of works of art or musical instruments can involve extensive, and somewhat invasive, techniques. However, the result is a work of art or instrument that has been restored to its original form as much as possible. That clearly qualifies as a Class 37 activity. Because other services relating to works of art and musical instruments are classified in Class 41, this listing was included to avoid classification of this Class 37 activity in Class 41. This misclassification could occur because Class 41 includes services related to cultural and entertainment activities, and the continued existence of works of art and musical instruments owing to their restoration is highly relevant to those fields. “Refilling of toner cartridges” (Basic No. 370130) Inclusion of this entry makes it clear that this service restores the toner cartridge to its original state of usability, and, therefore, it is classified in Class 37. Without this entry, the service mistakenly could be classified in Class 40, as a manufacturing service. “Tuning of musical instruments” (Basic No. 370139) This service could easily be classified in Class 41 with other entertainment-​related services because the playing of a musical instrument is usually done for some kind of entertainment purpose. However, tuning is a form of maintenance of the instrument and, therefore, is properly classified in Class 37. The inclusion of this entry makes it clear that this is a maintenance service.

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CLASS 38 OFFICIAL TEXT Class Heading Telecommunications. Explanatory Note Class 38 includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which: 1. allow one person to talk to another, 2. transmit messages from one person to another, and 3. place a person in oral or visual communication with another (radio and television). This Class includes, in particular: • services which consist essentially of the diffusion of radio or television programmes. This Class does not include, in particular: • radio advertising services (Cl. 35); • telephone marketing (telemarketing) services (Cl. 35).

Interpretation Class 38 has the shortest Class Heading of all the service classes in the Nice Agreement. However, the definition and parameters of the services in this class may present some of the most difficult problems in the Nice Agreement. Simply because a service is conducted using telecommunication contact does not mean that the service is classified in Class 38. Services in Class 38 provide the means to communicate, not the content of communication.

a. class heading telecommunications The term telecommunications is generally defined as communication made over a long distance. Perhaps the most important principle to bear in mind in considering whether a service is classified in Class 38 is distinguishing between whether the service is providing the means of communication or if it is merely using telecommunications as a tool in performing its function. The services classified in Class 38

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International Trademark Classification

usually involve the actual wired or wireless connections that effect the activity of telecommunications. The functioning of telecommunications in ways that are usable by businesses and individuals also are considered Class 38 activities. The services of the broadcasting industry also are in Class 38, unless those services involve the actual content of the programs being broadcast on radio, television, or any other means of communication. “Telephone services” (Basic No. 380009) are found in Class 38, as is “transmission of electronic mail” (Basic No. 380025) and “facsimile transmission” (Basic No. 380026). The common thread among these services is the transmission, or diffusion, of any kind of audio or visual content. However, the content itself or the production and control of that content are not activities that fall into Class 38.

b. explanatory note Class 38 includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which: 1.  a llow one person to talk to another, 2.  transmit messages from one person to another, and 3.  place a person in oral or visual communication with another (radio and television). This opening paragraph of the Explanatory Note for Class 38 explains in a relatively unambiguous way the activities included in the class. It defines the services in the class as those that enable communication, by providing the means of transmitting or diffusing the contact that comprises the communication. This Class includes, in particular: •  services which consist essentially of the diffusion of radio or television programmes Once again, the concept of diffusion is emphasized in this Explanatory Note. This note clarifies the difference between services that diffuse radio or television programs, which fall within Class 38, and services that create or produce those programs, which fall within Class 41. It defines the line between the two classes: the diffusion or transmission of content belongs in Class 38, whereas the production of content and the content itself are not considered Class 38 services. This Class does not include, in particular: •  radio advertising services (Cl. 35) With this simple Explanatory Note, the Nice Agreement establishes the pattern to be followed in classifying services in Class 38. The diffusion of radio programs is included in Class 38; however, as indicated above, the content of those programs

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is not. Here, the note gives guidance as to the classification of the content of communication. Advertising is a classic Class 35 service. The fact that the advertising may be presented on the radio does not change the classification. It is not classified in Class 38 simply because the advertising uses a channel of telecommunication in order to be disseminated to the public. “Radio advertising” (Basic No. 350040) is classified with all other advertising services in Class 35. This Class does not include, in particular: •  telephone marketing (telemarketing) services (Cl. 35) The concept described above concerning the exclusion of radio advertising services from Class 38 also applies to this specific exclusion. Like radio advertising, “telemarketing services” (Basic No. 350107) are archetypal Class 35 services that are rendered through the mediums of telecommunication apparatus. However, the service itself belongs in Class 35, and the fact that it is done by means of telephone or other telecommunications technology does not result in its classification in Class 38.

c. supplemental commentary News agencies The “news agency services” (Basic No. 380012) included in Class 38 dissemin­ ate news to other news organizations. They do not gather or report the news. Those services are classified in Class 41 and are embodied in the entry in the Alphabetical List for “news reporters services” (Basic No. 410103). The services in Class 38 are limited to the transmission of news from third-​party entities, involved in the process of collecting news from its place of origin, to the ultimate listener, watcher, or reader. Telecommunications revolution The telecommunications industry has seen advancements in technology that have given rise to capabilities that never before existed. As a result, the lines between telecommunications services and computer services are becoming indistinct. Over the next decade, these services, undoubtedly, will have to be identified and characterized according to their primary purpose or technology, in order to assign them to the appropriate class in the Nice Agreement. A number of services classified in Class 38 are unique to the Internet environment. Some of these could have been classified in Class 42 because of their reliance on computer technology. In fact, however, these services are “allowing at least one person to communicate with another by a sensory means”—​the epitome of a Class 38 service. Some of these services are “electronic bulletin board services [telecommunications services]” (Basic No. 380036), “providing telecommunications connections to a global computer network” (Basic No. 380037),

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“telecommunications routing and junction services” (Basic No. 380038), “teleconferencing services” (Basic No. 380039), and “providing user access to a global computer network” (Basic No. 380040). “Providing telecommunication channels for teleshopping services” (Basic No. 380042) This is an interesting entry in Class 38 in that it provides a specific subject matter for a telecommunication service. Usually, the telecommunication service is provided independently of any particular subject matter. However, because this service involves shopping, it reasonably could be classified in Class 35 because other retail-​related activities are in that class. However, this entry specifies that the service only provides the telecommunication channels for teleshopping; therefore, it is appropriately classified in Class 38, and not in Class 35. “Providing internet chatrooms” (Basic No. 380043) This entry is very significant because this service clearly provides the means via which individuals can communicate with each other. This method of communicating emerged with the rise of the Internet, so it was included as a specific entry in the Alphabetical List in Class 38 to avoid its misclassification in Class 42, with other computer technology services. “Rental of access time to global computer networks” (Basic No. 380041) and “providing access to databases” (Basic No. 380044) Providing access to a global computer network (the Internet) or to databases is an activity that enables communication and, therefore, it is classified in Class 38. Other aspects relating to using the Internet or online databases may not be included in Class 38, such as “hosting computer sites [web sites]” (Basic No. 420200) (Class 42). As society grows more dependent upon, and familiar with, online activities, a greater number of services relating to those activities will have to be introduced into the Nice Agreement to ensure proper classification of services, particularly where there is a fine line between the communication services in Class 38 and the computer technology services in Class 42.

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CLASS 39 OFFICIAL TEXT Class Heading 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 services relating to the storing of goods in a warehouse or other building for their preservation or guarding. This Class includes, in particular: • services rendered by companies exploiting stations, bridges, rail-​road ferries, etc., used by the transporter; • services connected with the hiring of transport vehicles; • services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes; • services connected with the packaging and parcelling of goods before dispatch; • services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport; • services relating to the inspection of vehicles or goods before transport. This Class does not include, in particular: • services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35); • services relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36); • services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36); • services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37); • services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 43).

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Interpretation a. class heading transport The most significant services in Class 39 fall under this Class Heading. Transport of anything or any person, by any manner or means, is classified in Class 39. From “air transport” (Basic No. 390004) to “distribution of energy” (Basic No. 390090), any service that has movement of goods, people, animals, or commodities as its primary function is classified in this class. This is true even if the purpose of the transport is not simply travel. Thus, “ambulance transport” (Basic No. 390006), “armored-​car transport” (Basic No. 390062), and “transport for rescue operations” (Basic No. 390082) are included in Class 39, rather than in the class of the ultimate purpose of the transport. The inclusion of these services in the Alphabetical List in Class 39 makes it clear that a service that provides transport itself should not be classified in the class of the purpose of the transport.

packaging and storage of goods The packaging of goods for transport or storage is classified in Class 39. This includes the “packaging of goods” (Basic No. 390022) for mailing, as well as the “wrapping of goods” (Basic No. 390086) for gift-​giving purposes. The “storage of goods” (Basic No. 390028)  also is included in Class 39. “Warehousing” (Basic No. 390034), as well as “boat storage” (Basic No. 390071), is included in this class.

travel arrangement Travel arrangements are classified in Class 39. However, some related travel services are not included in the class. These exceptions are set forth clearly in the Explanatory Note for Class 39. The travel services that are included in Class 39 are those that relate directly to the movement of people. Services relating to what people do upon their arrival at their destination or what may be done to prepare for traveling (other than making travel arrangements themselves) are classified in classes other than Class 39. However, any service that involves or facilitates the actual travel of a person, good, or commodity from one place to another, generally, is classified in Class 39.

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b. 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 services relating to the storing of goods in a warehouse or other building for their preservation or guarding. This Class includes, in particular: •  services rendered by companies exploiting stations, bridges, rail-​road ferries, etc., used by the transporter Services that are included in Class 39, based on this Explanatory Note, include activities such as “operating canal locks” (Basic No. 390032) and “parking place rental” (Basic No. 390042). Neither of these services actually transports goods or people; however, both are necessary to those who provide such transport. These services are so integral to the rendering of a transport activity that they are included in Class 39 with the transport services themselves. This Class includes, in particular: •  services connected with the hiring of transport vehicles This Explanatory Note is rather self-​evident and it reiterates General Remark (b) under Services concerning rental services, namely, that rental and leasing services are classified, in principle, in the same classes as the services provided by means of the rented or leased objects. Thus, the rental of vehicles, cars, boats, trucks, and horses, as well as the “rental of motor racing cars” (Basic No. 390091), are classified in Class 39. Similarly, renting objects related to travel and transport are included in this class, such as rental of storage containers, vehicle roof racks, and parking places (Basic Nos. 390080, 390081, and 390042, respectively). This Class includes, in particular: •  services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes Clearly, the first few items listed in this Explanatory Note (services connected with maritime tugs, unloading, and the functioning of ports and docks) are classified in Class 39. However, the “salvage of ships” (Basic No. 390015) and their cargoes reasonably could be included in Class 37, as a repair or restoration activity, were

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International Trademark Classification

it not for this Explanatory Note. The salvaging of wrecked ships and their cargoes is classified in Class 39 for two reasons. First, there is a close connection between the ships themselves and the primary activities of Class 39, namely, travel and transport. Second, the salvaging of a wrecked ship and the recovery of its cargo involve transport and storage in their own right. “Salvaging” (Basic No. 390057) or “refloating of ships” (Basic No. 390055) usually involves moving them from one place to another. The recovery of the cargo involves not only moving the cargo but also storing it until the legitimate owners can claim it. These activities are set forth specifically in the Class Heading or in other Explanatory Notes in this class. This Class includes, in particular: •  services connected with the packaging and parcelling of goods before dispatch The preparation of goods for dispatch, by mail or other delivery means, is classified in Class 39. This service may not be encountered frequently, but this Explanatory Note dispels any possible ambiguity concerning its classification. This Class includes, in particular: •  services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport This Explanatory Note serves to include the services of transport brokers and tourist agencies. Most brokerages are classified in Class 36. “Transport brokerage” (Basic No. 390073) and “freight brokerage” (Basic No. 390072) are the exceptions to this general rule. These brokerages do not operate in the same way as the Class 36 brokerages do. In Class 36, a brokerage serves as the financial conduit for the purchase and sale of goods by third parties. The transport brokerages, in Class 39, arrange for the transport of freight by shippers of various kinds. It is a transport arrangement service and is properly in Class 39, rather than in Class 36 with other financial brokerages. Tourist agencies also are classified in Class 39, to the extent that they perform services related to travel. The Explanatory Notes dealing with specific exclusions from Class 39 define the kinds of activities rendered by tourist agencies that are not included in the class. Only those services related to the actual transport of people are considered Class 39 services. This Class includes, in particular: •  services relating to the inspection of vehicles or goods before transport This is another activity that does not involve the actual transport of people or goods, but it is so integral to that transport that such services are included in Class

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39. It is set forth specifically in the Explanatory Note to assure its classification in Class 39. Many other inspection services are in Class 42 or Class 45, depending on whether their purpose is to discover physical flaws (Cl. 42) or to provide security and safety (Cl. 45). This Class does not include, in particular: •  services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35) As in other classes, the specific exclusions listed in the Explanatory Note cover services that are classified in other classes, but that have some relationship to the activities in the class of the Explanatory Note. This specific exclusion provides one such example. The advertising of transport or travel services is classified in Class 35, despite its connection with Class 39 activities, because all advertising services provided to businesses are classified in Class 35. This Class does not include, in particular: •  services relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36) This Explanatory Note exclusion is the converse of the note that explicitly includes these services in Class 36. These services clearly are related to financial activ­ ities and transactions; therefore, although there is a nexus between these activities and travel or transport services, they are classified with other financial services in Class 36. This Class does not include, in particular: •  services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36) Insurance services are classified in Class 36, as dictated by the Class Heading for that class. That the insurance service may relate to travel or transport of persons or goods is irrelevant to the classification of the service. This Class does not include, in particular: •  services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods Maintenance and repair services are classified in Class 37, regardless of the nature of the goods being maintained or repaired. Thus, the repair and maintenance of goods that provide transport remain services that are classified in Class 37.

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International Trademark Classification

Some of these services are set forth specifically in the Alphabetical List, such as “vehicle service stations [refuelling and maintenance]” (Basic No. 370083) and “airplane maintenance and repair” (Basic No. 370008). This Class does not include, in particular: •  services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 43) “Hotel reservations” (Basic No. 430105) is an activity that is often performed by travel agents or brokers. However, the activity does not provide transport for persons; therefore, it cannot be classified in Class 39. The performance of this service by travel agents, as well as the “issuance of travelers’ checks” (Basic No. 360020) by travel agents, is the reason there is no entry for “travel agency services” in the Alphabetical List. The functions of a travel agency often include activities that fall under classifications other than Class 39. Thus, this language is considered too broad to be included in the Alphabetical List in any single class.

c. supplemental commentary “Ambulance transport” (Basic No. 390006) Although transporting a medical patient in an ambulance may involve emergency medical care, the primary purpose of ambulance transport is to move the individual from one place to another. As such, the service must be classified in Class 39, as a transport service, rather than Class 44, as a medical service. “Launching of satellites for others” (Basic No. 390095) Another service that evolved in the twenty-​first century is the launching of satellites for others; it is, therefore, included in the Alphabetical List of the Nice Agreement. The launching of a satellite is more closely related to transport services and, therefore, is classified in Class 39. “Franking of mail” (Basic No. 390097) It would be possible to classify this activity in Class 35 because it is often done for business mailings or in Class 36 because it also involves assigning a monetary postage value to mail. For this reason, it is set forth specifically in the Alphabetical List in Class 39 to avoid possible misclassification. It is related closely and integrally to postal services, and because those are classified in Class 39, it is reasonable to classify this service in Class 39.

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Class 39

275

“Traffic information” (Basic No. 390098) This service is specifically set forth in the Alphabetical List to avoid possible misclassification in Class 45 because knowing about the movement of traffic reasonably could affect safety concerns. However, it is more properly included in Class 39 because it relates directly to travel and transportation. “Rental of freezers” (Basic No. 390099) This service is specifically included in Class 39 in the Alphabetical List because it involves the rental service of a freezer. Because freezing could be considered a form of material alteration of the items being frozen, this service rationally could be classified in Class 40. However, the purpose of the freezer is to store goods in a frozen state, for an extended period, in a location that will maintain the frozen state. This storage purpose justifies this service being included in Class 39. “Bottling services” (Basic No. 390100) There are entities that provide bottling services to the producers of the goods to be bottled. The activity of bottling liquids is analogous to the packaging of goods, which is set forth in the specific inclusions for this class. In order to avoid misclassification of this service in Class 40, by mistakenly assuming that it also includes the creation of the goods to be bottled, it is included in the Alphabetical List as a specific entry in Class 39.

627

CLASS 40 OFFICIAL TEXT Class Heading Treatment of materials. Explanatory Note Class 40 includes mainly services not included in other classes, 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 that 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 were marketed to third parties by the person who processed, transformed, or produced it, then it would generally not be considered a service. This Class includes, in particular: • services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming 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; • the 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. This Class does not include, in particular: • repair services (Cl. 37); • certain customization services, for example, the custom painting of automobiles (Cl. 37).

72 

Class 40

277

Interpretation a. class heading treatment of materials Class 40 presents a disproportionate number of problems, considering the brevity of the Class Heading. Class 40 services involve the treatment of materials or the transformation of the essential properties of goods. This analysis begs the question of what, precisely, is meant by “treatment of materials and transformation of essential properties.” The treatment of materials or the transformation of the essential properties of an object renders those materials or that object quantitatively or qualitatively different from the way they were before the treatment or transformation. The transformation of an assemblage of leather, thread, rubber, metal, and, perhaps, plastic, into a shoe is a treatment of those materials to the extent that the final product is different from any one of its components. Similarly, the tanning of leather makes the final product so different from the original material, namely, raw leather, that it may be considered an entirely new product. The phrase “treatment of materials” must be considered in its broadest sense. When almost any type of material is invasively treated in almost any way, the service that brings about that treatment is considered a Class 40 service.

b. explanatory note Class 40 includes mainly services not included in other classes, 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 fulfill an order for goods that 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 were marketed to third parties by the person who processed, transformed, or produced it, then it would generally not be considered a service. Class 40 is the only class that includes an explanation of when an activity is considered a service and when it is not. Based on this explanation, the inclusion of customized manufacturing services in Class 40 is justified by this Explanatory

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International Trademark Classification

Note. The language intended to denote this service in the Alphabetical List is “custom assembling of materials for others” (Basic No. 400083). While the language is somewhat awkward, it describes the service of custom manufacturing. It is only this customized activity that can be considered a service within Class 40. The Explanatory Note states that the production of an object that is marketed by the maker cannot be considered a service, but must be characterized as the goods produced by the process. Only if the maker of the goods is creating objects for another entity can the transformation activity be considered a service. This Class includes, in particular: •  services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers) Any activity that causes a change in an object or substance qualifies as a mater­ ial treatment service in Class 40. This Explanatory Note brings the distinction between Class 37 maintenance services and Class 40 treatment services into focus. In order to be considered a Class 40 activity, an object must be treated in more than a superficial way. The restoration of an object to its original condition is considered a repair service in Class 37, and the Explanatory Note for Class 37 includes such restoration as an activity in that class. However, refinishing an object may be considered a Class 40 service because the process actually changes the surface into a new composition. Thus, as indicated in the Explanatory Note, the application of chrome to motor vehicle bumpers, while it may serve some restoration or maintenance function, changes the surface of the bumper into a new material. See “chromium plating” (Basic No. 400017) in the Alphabetical List in Class 40. Therefore, it is a Class 40 activity. This Class includes, in particular: •  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 This Explanatory Note refers back to the earlier language in the note concerning the processing of materials for the benefit of another entity. The specific processing may take many forms, such as cutting, shaping, polishing, or coating, all of which are referred to in this note. However, all of these activities go into the creation of a substance or object (other than a building, the creation of which must be classified in Class 37). This Explanatory Note also provides guidance as to the activities included in this class. If the treatment process is present during the production of a substance or object, it can be considered a service in Class 40.

 297

Class 40

279

This Class includes, in particular: •  the 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 While custom manufacturing is emphasized in the Explanatory Note, this specific inclusion further explains and highlights the inclusion of this activity in Class 40. If goods do not fit within the language of the Explanatory Note and this specific inclusion, that is, if the goods are not manufactured for others to their order and specification, they are considered the goods in trade of the manufacturer and should be set forth in an application for trademark registration in the appropriate goods class. This specific inclusion also includes language that indicates that certain national offices will require that the custom goods produced by the manufacturing service be specified. It is unusual for the Nice Agreement to acknowledge or refer to the practice of national offices that could affect the language used to identify a service, but it was deemed helpful by the Committee of Experts in this context to include this language. This Class does not include, in particular: •  repair services (Cl. 37) As indicated repeatedly in the discussion of Class 40 services, repair, mainten­ ance, and restoration services are classified in Class 37, not Class 40. Repair, maintenance, or restoration of an object to prolong its present state or to return it to its original state, usually involves activities that are included in Class 37. Activities that change an essential element of an object are classified in Class 40, even if those activities also serve to maintain the object. The earlier example of adding chrome to motor vehicle bumpers, as a Class 40 service, is illustrative of this difference because it materially transforms the surface of the bumper itself; the activity does not merely restore the bumper to its original condition. It is changing an essential element of, rather than restoring, the object. This Class does not include, in particular: •  certain customization services, for example, the custom painting of automobiles (Cl. 37) This specific exclusion further defines the parameters of Class 40 services. As indicated above, the material treatment of an item must be invasive or transformative to qualify as a treatment service in Class 37. Applying a coat of paint to an existing object does not fit within this parameter; therefore, is not considered a Class 40 service. Most often, the confusion lies with services that are appropriately classified in Class 37. Class 40 is not the class for repair and maintenance as Class 37 is. For example, “shoe repair” (Basic No. 370025) is in Class 37 since it is a repair service that puts the goods into working order if they have been damaged or worn in

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International Trademark Classification

some way. However, “shoe staining” (Basic No. 400016) is in Class 40 because the staining invades the leather or whatever other material the shoe is made from and changes it from its original state. In short, it treats the item in a way that materially transforms it from what it was. The example given in this specific exclusion, namely, the custom painting of automobiles in Class 37, appears to have been carefully chosen in order to emphasize the juxtaposition of the Class 40 service, custom manufacture of automobiles, which is given as an example in the specific inclusion concerning the custom manufacture of goods.

c. supplemental commentary “Production of energy” (Basic No. 400103) The production of energy is a service of creation, just as other manufacturing services are. In a sense, it is produced to the order and specification of the users of the energy. Thus, it is properly classified in Class 40. Printing services A number of printing services were transferred from Class 42 to Class 40, owing to the revision of Class 42 that came about in the eighth edition of the Nice Agreement. The precedent for including all printing services in Class 40 is the long-​standing inclusion of photographic printing in Class 40. In fact, all printing is within the definition of the Class Heading of Class 40—​Treatment of Materials. Printing takes a blank substrate and deposits pigment or chemicals on it that result in the appearance of print or design on that previously blank surface. The printing services that moved from Class 42 to Class 40 are “lithographic printing” (Basic No. 400110), “printing” (Basic No. 400111), “offset printing” (Basic No. 400113), “photocomposing services” (Basic No. 400114), and “silkscreen printing” (Basic No. 400115). “Knitting machine rental” (Basic No. 400112) Knitting is a fabrication or manufacturing activity. Therefore, in keeping with the General Remark (b) under Services concerning leasing and rental services, knitting machine rental is in Class 40. “Freezing of foods” (Basic No. 400117) This activity could be a candidate for inclusion in various classes. One possibility is Class 39 because freezing is a process that enables long-​term storage of food or other organic items, and, in fact, rental of freezers is classified in Class 39. See the discussion in Section D of Class 39 concerning the entry of “rental of freezers” (Basic No. 390099) in Class 39 in the Alphabetical List. However, Class 40 is appropriate for this activity of freezing food items themselves

1 28

Class 40

281

because freezing items materially transforms them from their original state. The purpose may be for storage or maintenance of the matter, but the act of freezing dramatically changes the state of the item. Therefore, this activity is included in Class 40. “Rental of air-conditioning apparatus” (Basic No. 400118) and “rental of space heating apparatus” (Basic No. 400119) These entries are based on the General Remark (b) under Services in the Nice Agreement that sets out the policy for rental and leasing services, namely, that rental and leasing services are included in the same classes as the services provided by the means of the rented objects. Air-​conditioning apparatus and space-​heating apparatus transform the nature of the environment they are affecting. As such, they are most appropriately classified in Class 40, the treatment class. It would have been possible to classify them in Class 37 because these apparatus are most often part of a building construction project. However, the items being rented do not perform any construction function themselves. They are merely installed in a structure as part of the building process. In fact, these apparatus can be freestanding and not a permanent part of a building structure. Because these goods do not perform a building function and are not necessarily a part of a finished structure, Class 37 was not the proper class for their inclusion. Class 40 makes sense because of the purpose of the goods, which is to treat the air and transform it from one state to another—​either warm to cool or cool to warm. “Fulling of cloth” (Basic No. 400120) Fulling of cloth changes the very nature of the fabric. It makes it denser and more water resistant. It does not put the fabric back into an original condition or maintain it in its original condition. It is an extensive change to the fabric and is justified in Class 40 as treatment of materials and not maintenance or repair.

28

CLASS 41 OFFICIAL TEXT Class Heading Education; providing of training; entertainment; sporting and cultural activities. Explanatory Note Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention. This Class includes, in particular: • services consisting of all forms of education of persons or training of animals; • services having the basic aim of the entertainment, amusement or recreation of people; • presentation of works of visual art or literature to the public for cultural or educational purposes.

Interpretation Class 41 is well described by its Class Heading. It includes activities that relate to the teaching or training of people or animals, as well as those that are intended to entertain people. Activities in this class are fairly easy to recognize and classify correctly.

a. class heading education Education activities classified in Class 41 can run the gamut, from small seminars or symposia, to full courses of degree studies at universities. Many services that are integral to education but perhaps do not include teaching activities are also classified in Class 41. Such services include “lending

 238

Class 41

283

libraries” (Basic No. 410023), “publication of books” (Basic No. 410024), and “publication of texts, other than publication of publicity texts” (Basic No. 410016). Note that “publication of publicity texts” (Basic No. 350038) is classified in Class 35. The purpose of these activities is to promote education; therefore, they are classified in Class 41, with the more formal and trad­ itional education services.

providing of training While “providing of training” may seem similar to “education,” the inclusion of this phrase in the Class Heading provides the basis for including services such as “animal training” (Basic No. 410005) in this class. Also, physical training of people, such as “gymnastic instruction” (Basic No. 410021), and “practical training” (Basic No. 410061) in the nature of demonstrations are included under the Class Heading entry.

entertainment Entertainment defines many of the services in Class 41. These activities may take many forms, from “amusement park services” (Basic No. 410003) to the “presentation of live performances” (Basic No. 410056). Virtually any service that entertains or amuses people may be classified in this class. “Gambling services” (Basic No. 410052) and “providing of casino facilities” (Basic No. 410042) both are included as services in Class 41. As was mentioned earlier, note that the “production of radio and television programmes” (Basic No. 410026) is in this class, whereas the technical broadcast that actually disseminates those programs is assigned to Class 38. Thus, a distinction must be drawn between those services that create the entertainment to be disseminated via television and radio, which are in Class 41, and those services that transmit the entertainment, which are in Class 38. As with education, services that are highly related to entertainment but may not be entertainment themselves are classified in Class 41. Examples of these entertainment-​related services include “rental of videotapes” (Basic No. 410069) and “party planning” (Basic No. 410060).

sporting and cultural activities This Class Heading entry covers a wide range of services in this class. Clearly, it includes the “organization of sports competitions” (Basic No. 410059)  of any kind. Providing facilities for golf, tennis, and other sports is classified in Class 41, as well as “providing health club services” (Basic No. 410054)  for health and fitness training. It should be noted that “physical therapy” (Basic No. 440097) or rehabilitation services are classified in Class 44, as a type of

824

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International Trademark Classification

medical service. Many of the same exercises are performed for physical therapy purposes and for sports training purposes. However, the nature of the entity providing the service and the facility utilized in connection with performing those services is usually quite different. These differences account for classifying physical therapy services in a different class from sports training services. Related services such as “timing of sports events” (Basic No. 410073) also are classified in Class 41. Cultural activities often overlap with educational activities, but many services are purely cultural in nature. While these services may broaden the mind and experience of an individual, their educational qualities are not so obvious. Therefore, the inclusion of “cultural activities” as part of this Class Heading is important. Activities such as “providing museum facilities” (Basic No. 410062) for the purposes of presentation and exhibition and “orchestra services” (Basic No. 410028) are classified in Class 41 because they may be characterized as cultural activities. And, as noted previously, services related to cultural activities are included in Class 41, such as “modelling for artists” (Basic No. 410036). “Modelling for advertising or sales promotion” (Basic No. 350049) is in Class 35 because its purpose is commercial rather than cultural.

b. explanatory note Class 41 contains mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention. This Class includes, in particular: •  services consisting of all forms of education of persons or training of animals This Explanatory Note reiterates the concepts that previously have been presented in the Class Heading. However, it specifically refers to the training of animals. The inclusion of “animal training” (Basic No. 410005) is consistent with the use of the phrase “providing of training” in the Class Heading. This Class includes, in particular: •  services having the basic aim of the entertainment, amusement or recreation of people This note, also, rewords and repeats the other basic thread of services included in Class 41, that of entertainment, amusement, and recreation. However, it is instructive that “amusement” and “recreation” have been added to “entertainment” in defining the activities that are found in Class 41. Although the Class Heading and Explanatory Note for Class 41 are not lengthy, they adequately define the services assigned to the class.

 258

Class 41

285

This Class includes, in particular: •  presentation of works of visual art or literature to the public for  cultural or educational purposes Although this category of activity may seem obvious as requiring classification in Class 41, it needed to be set forth specifically and included in Class 41. The language of this note makes it clear that “presentation of live performances” (Basic No. 410056)  of concerts, operas, plays, and other such “works of visual art or literature” are classified in Class 41.

c. supplemental commentary “Organization of exhibitions for cultural or educational purposes” (Basic No. 410051) This entry in the Alphabetical List is the companion to the Class 35 entry “organizing of exhibitions for commercial or advertising purposes” (Basic No. 350064). The purposes of the two exhibitions are entirely different and thus justify their classification in two different classes. Information versus education All information educates, but not all information services are classified in Class 41. Only services that provide an education activity, for example, seminars, classes, and conferences, are classified in Class 41. Handing out information or providing information on the telephone or on a website is classified in the class of the information provided and not in Class 41 on the presumption that information educates, so it could be wrongly assumed that providing any information must be a Class 41 service. On the other hand, information about education is an acceptable service in Class 41. This activity encompasses providing information about pedagogy, which includes how to teach, materials needed for teaching, etc. or information about available classes provided by an educational institution or other organization. “Photography” (Basic No. 410101) Photography is classified in Class 41. A rationale for including these services in Class 41 is the presence of “production of radio and television programmes” (Basic No. 410026) and “film production, other than advertising films” (Basic No. 410074) in Class 41. Because these services involve significant photographic activities, it is reasonable to include photography services in this class. Besides photography services, “photographic reporting” (Basic No. 410100), “videotaping” (Basic No. 410106), and “microfilming” (Basic No. 410182) also are classified in Class 41. The classification of these services in Class 41 avoids the possibility of misclassifying them in Class 40, where “photographic film development” (Basic

862

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International Trademark Classification

No. 400023), “photographic printing” (Basic No. 400089), and “photogravure” (Basic No. 400090) are classified. The activity of taking photographic pictures itself is quite different from the developing or printing of photographs and thus would not be appropriately classified in Class 40. The explicit inclusion of these services in Class 41 prevents the possibility of misclassification. “News reporters services” (Basic No. 410103) News reporters services are in Class 41 by analogy with “production of radio and television programmes” (Basic No. 410026) in Class 41. News reporters services is an aspect of a radio or television program featuring news and, therefore, is classified appropriately in Class 41. It should be noted that providing news content itself may not be classified in Class 41. Providing news only, such as posting news on a website, would not be considered news reporters services in Class 41. Such a service should be treated as an information service and be classified in the class of the subject matter of the news. A news reporter, however, is not limited to a particular subject matter and may gather news concerning art and music one day and concerning politics and crime the next. It is the activity of collecting this information and transforming it into a format that can then be made available in a variety of ways that is the service contemplated by this language. Publishing services “On-​ line publication of electronic books and journals” (Basic No. 410091) is in the Alphabetical List, along with “electronic desktop publishing” (Basic No. 410092). “Publication of books” (Basic No. 410024) and “publication of texts other than publicity texts” (Basic No. 410016) had always been classified in Class 41, so it is reasonable to include other publishing services in Class 41 as well. “Providing on-​ line electronic publications, not downloadable” (Basic No. 410099) is also in the Alphabetical List in Class 41. The provision of an online text is considered a service so long as the provider does not intend the text to be downloaded. The very act of providing it is the service, and the fact that it is provided online enhances that service. In contrast, if the publications were downloadable they would be classified in Class 9 because, like the downloadable software in Class 9, the user came into possession of the same end product that he or she would have possessed if the product had been recorded on magnetic media. This distinction is recognized in the Class 9 entry “electronic publications, downloadable” (Basic No. 090657). “Ticket agency services [entertainment]” (Basic No. 410183) A ticket agency easily could be considered analogous to a retail-​t ype service and be classified in Class 35. After all, it makes tickets available to consumers, allowing

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Class 41

287

them to select the entertainment experience they would like to attend. However, because these agencies are so specialized in this particular field, the service is included in Class 41 in order to keep it with other entertainment-​related services. “Writing of texts [other than publicity texts]” (Basic No. 410184) This service is included in the Alphabetical List to avoid its classification in the classes of the subject matter of the texts. Except for “writing of publicity texts” (Basic No. 350099), an entry in Class 35 owing to its nexus with the advertising industry, the writing of texts is classified in Class 41, regardless of the subject matter of the work. “Calligraphy services” (Basic No. 410186) Without direction from the Alphabetical List, the classification of this service could be problematic. It could be considered a personal service in Class 45, a printing service in Class 40, or even a design service in Class 42. However, it is the creation of what is often a beautiful work of art. Therefore, it is appropriately classified in Class 41. “Layout services, other than for advertising purposes” (Basic No. 410187) This entry is a counterpart to the Class 35 service, “layout services for advertising purposes” (Basic No. 350101). As that entry was included to avoid classification of the service in Class 42 as a design service, so too is this entry included in Class 41 to avoid misclassification. Layout services are in Class 35, if done for advertising purposes, and in Class 41, if done for any other purpose.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Tuition deleted This entry was confusing in Class 41. A tuition service can be thought of as one that is involved with the payment of money for educational purposes. Although there is a connection with education, the service itself does not serve a Class 41 purpose. An examination of the corresponding French entries for tuition revealed a very different meaning. The French entries referred to educational services, instructional services, and teaching. These are typical Class 41 services and are properly found in this class. Using the English word tuition as an equivalent to the French words éducation, enseignement, and instruction was misleading and confusing. While tuition was deleted from the Alphabetical List, teaching, educational services, and instruction services remain in the Alphabetical List as three separate entries, all under Basic No. 410017.

28

CLASS 42 OFFICIAL TEXT Class Heading Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. Explanatory Note Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc. This Class includes, in particular: • the 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; • scientific research services for medical purposes. This Class does not include, in particular: • business research and evaluations (Cl. 35); • word processing and computer file management services (Cl. 35); • financial and fiscal evaluations (Cl. 36); • mining and oil extraction (Cl. 37); • computer (hardware) installation and repair services (Cl. 37); • services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44); • medical treatment services (Cl. 44); • garden design (Cl. 44); • legal services (Cl. 45).

Interpretation Class 42 includes services related to fields of the theoretical and practical aspects of the sciences and computer technology.

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Class 42

289

a. class heading scientific and technological services and research and design relating thereto Scientific and technological services include those activities that actually and directly relate to the disciplines of science and technology. Examples of this include, “geological surveys” (Basic No. 420062), “engineering” (Basic No. 420064), “calibration [measuring]” (Basic No. 420136), and “meteorological information” (Basic No. 420076). Similarly, the research services that go along with these activities are classified in Class 42. Such services would include “bacteriological research” (Basic No. 420017)  and “chemical research” (Basic No. 420031). Other research services that are not necessarily related to activities in Class 42 also are classified in this class. For example, “cosmetic research” (Basic No. 420045) is classified in Class 42, even though a cosmetic service, such as the application of make-​up, is classified in Class 44. It should be noted that the design services in Class 42 are for the design of tangible items or visual displays, such as “graphic arts design” (Basic No. 420144). Design of intangibles such as the design of an insurance product or the design of an educational curriculum would not be in Class 42. Rather they would be in the class of the service related to that intangible. The Alphabetical List includes “landscape design” (Basic No. 440199) in Class 44 and not in Class 42. This particular design service would not fall within the parameters of Class 42 because it is more related to the horticultural services in Class 44 than the design services that relate to research and technology included in Class 42.

industrial analysis and research services This is similar to the previous Class Heading, but it applies the criteria to industry. Thus, while some types of analysis and research in the field of industry may seem to require classification in Class 35, this Class Heading makes it clear that these activities belong in Class 42 with other analysis and research services. Thus, “packaging design” (Basic No. 420050), “textile testing” (Basic No. 420109), and “dress designing” (Basic No. 420142) are in Class 42, even though they have an impact on the business function of various industries. However, some areas of research remain in the class of the research subject matter. For example, “business research” (Basic No. 350041)  is in Class 35, and “genealogical research” (Basic No. 450216) and “legal research” (Basic No. 450210) are in Class 45. These entries suggest that, as with the design services, research in Class 42 is research into areas of tangible products or the sciences, such as biology or geology, whereas research of more intangible or non-​scientific subject matter is classified as the subject matter class.

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International Trademark Classification

design and development of computer hardware and software This Class Heading clarifies the services in Class 42 as being only those that relate to the design and development of computer hardware and software. It covers those services that require technical expertise in the computer field in order to be executed. It does not cover services that are performed on the computer, but are substantive in nature or relate to activities that are clearly in other classes. Many of the computer services that are in Class 42 relate to “computer programming” (Basic No. 420090). This would include “hosting computer sites” (Basic No. 420200) and “creating and maintaining web sites for others” (Basic No. 420199). These are technical services that require a high level of expertise in the area of computer programming. “Computer software design” (Basic No. 420139) is also in Class 42, as is “updating of computer software” (Basic No. 420140). They are both programming services. On the other hand, “transmission of digital files” (Basic No. 380047)  or “computer aided transmission of messages and images” (Basic No. 380024)  is classified in Class 38 with other transmission services. The programming that enables the transmission is classified in Class 42. Once the programming is accomplished, the actual transmission service is not in Class 42. The “installation, maintenance, and repair of computer hardware” (Basic No. 370116)  is in Class 37 because these activities relate to the physical manipulation of computer hardware itself, and not to the programming of software used in the computer hardware. However, “installation, maintenance, and repair of software” (Basic Nos. 420201 and 420176) is in Class 42 because it involves programming and is not a physical processes.

b. explanatory note Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc. The language in this introduction of the Explanatory Note that reads “in relation to the theoretical and practical aspects of complex fields of activities” is important. While the Class Heading emphasizes that Class 42 includes scientific and technological services, it also includes services that relate to theoretical and practical aspects of various fields of endeavor. The specific inclusions and exclusions in the Explanatory Note clarify this language and its importance in defining the services in Class 42. A service that relates to theoretical and practical aspects of a field is in Class 42, as well as those that concern science and technology.

1 29

Class 42

291

This Class includes, in particular: •  the services of engineers and scientists who undertake evaluations, estimates, research and reports in the scientific and technological fields (including technological consultancy) These activities are highlighted in this specific inclusion to avoid their incorrect classification in other classes. The work of engineers and scientists affects many fields. But, as indicated in the Explanatory Note, services that relate to the “theoretical and practical aspects of complex fields of activities” are classified in Class 42. Thus, while an evaluation, estimate, or report rendered by an engineer or scientist could affect a business decision in an industry, this inclusion makes it clear that the theoretical and practical nature of these engineering and scientific activities require that they be classified in Class 42. It should be noted that this specific inclusion refers to the inclusion of technological consultancy in Class 42 in parentheses at the end of the inclusion. This is an important point even if enclosed in parentheses and it should always be taken into account when determining the classification of technological consultation. This Class includes, in particular: • computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information Many guarding and security services are in Class 45. However, those security services are to protect physical, tangible property and individual human beings or animals. This specific inclusion makes it clear that securing computer data and detecting unauthorized access to that data is in Class 42. This Class includes, in particular: •  scientific research services for medical purposes While actual medical treatment services are classified in Class 44, the scientific research that may lead to certain medical treatments or procedures is classified in Class 42. Again, scientific research is the theoretical and practical aspect of the medical field. So while medical treatment itself is in Class 44, the complex research behind the treatment is in Class 42. This Class does not include, in particular: •  business research and evaluations (Cl. 35) This exclusion makes it clear that while many research and evaluation services are in Class 42, “business research” (Basic No. 350041) and “business appraisals” (Basic No. 350032) remain in Class 35.

92

292

International Trademark Classification

This Class does not include, in particular: •  word processing and computer file management services (Cl. 35) While “word processing” (Basic No. 350075)  and “computerized file management” (Basic No. 350061)  are closely related to the computer services that are included in Class 42, this specific exclusion establishes their classification in Class 35. The purpose of these activities is primarily business-​related. Therefore, their classification in Class 35 is proper, even though computers are integrally involved in the provision of these services. This Class does not include, in particular: •  financial and fiscal evaluations (Cl. 36) Similar to the first exclusion regarding business research and evaluations in Class 35, financial and fiscal evaluations are in Class 36, such as “fiscal valuation” (Basic No. 360025). Since they involve consideration of money matters exclusively, they are not appropriate inclusions in Class 42 with other more theoretical research and evaluation services. This Class does not include, in particular: •  mining and oil extraction (Cl. 37) Because “geological surveys” (Basic No. 420062), “oil-​field surveys” (Basic No. 042063), and “oil prospecting” (Basic No. 420095) are services that are included in Class 42, it was necessary to emphasize, in this specific exclusion, that the actual extraction activities, such as “drilling of deep oil or gas wells” (Basic No. 370133) and “mining extraction” (Basic No. 370107), remain in Class 37. This Class does not include, in particular: •  computer (hardware) installation and repair services (Cl. 37) This specific exclusion clarifies the difference between Class 42 programming activ­ ities of “installation of computer software” (Basic No. 420201) and “maintenance of computer software” (Basic No. 420176) with “installation, maintenance, and repair of computer hardware” (Basic No. 370116). The installation, maintenance, and repair of computer hardware are in Class 37 because they are physical repair and installation activities. So they must be classified in the same class as other physical repair and installation services. Computer programming that installs, repairs, or updates software must be in Class 42 because “computer programming” (Basic No. 420090) in general is in Class 42 and does not involve physical installation, maintenance, or repair.

 239

Class 42

293

This Class does not include, in particular: •  services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44) As indicated above, the actual provision of medical treatment services by medical professionals is classified in Class 44. Medical research and the analysis and evaluation of that research both are classified in Class 42. This Class does not include, in particular: •  medical treatment services (Cl. 44) This specific exclusion is similar to the previous one. Its inclusion makes it clear that the provision of medical treatment is in Class 44, whereas the research that goes into the development of that treatment is in Class 42. This Class does not include, in particular: •  garden design (Cl. 44) This is one of the few design services that is in a class other than Class 42. It is so closely related to the other horticultural services in Class 44 that the decision was made to classify it in that class. This Class does not include, in particular: •  legal services (Cl. 45) For many years, legal services were in Class 42, even surviving the reorgan­ ization of Class 42 and remaining in that class in the eighth edition of the Nice Agreement. However, over the five-​year revision period that led to the ninth edition, it became apparent that Class 42 was not the most appropriate class for these services. The decision to include them in Class 45 was difficult to reach. These services could have been classified in Class 35 because so many legal services relate to business—​both the business of private individuals, such as divorce and wills, and the business of corporations and other commercial entities, such as contracts. However, the decision to include these services in Class 45 was based on the item in the Class Heading for “security services for the protection of tangible property and individuals.” The reasoning was 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 guarantee of that security is in the hands of the legal profession.

942

294

International Trademark Classification

c. supplemental commentary “Design of interior décor” (basic No. 420048) and “dress designing” (Basic No. 420142) Both of these design services may seem out of place in Class 42 because it is a class that emphasizes science and technology, research, and analysis. However, it is also the class in which most design services are classified. Design services (except “landscape design” [Basic No.  440199], for the reasons given above) involve a high degree of theory and analysis. Although the result of these particular design services may be aesthetic or artistic in nature, they are still design services that fit well within the language of the Explanatory Note that refers to “theoretical and practical aspects of complex fields of activities.” “Authenticating works of art” (Basic No. 420132) This is another activity that seems to be more related to aesthetics than to science. However, authenticating works of art involves scientific analysis and extensive research that is no less technical than are those used in the pure sciences such as chemistry, biology, and physics. In fact, the disciplines of chemistry, biology, and even physics are often employed in the field of art authentication. As such, the “theoretical and practical aspects of complex fields of activities” are very much a part of this activity. “Rental of web servers” (Basic No. 420205) As a technology-​related rental service, this activity is classified in Class 42. As with other technological services involving Internet activities, the line between Class 38 and Class 42 is very fine. This service was included specifically in Class 42 to avoid misclassifying it in Class 38. “Computer virus protection services” (Basic No. 420206) Because many protection services are in Class 45, such as “security consult­ ancy” (Basic No. 450117), it was important to include an explicit entry in the Alphabetical List for this service in Class 42. This is a programming service. It does not monitor or report security breaches. It is the service that programs firewalls, spam blockers, and other virus protection programs into a computer. “Consultancy in the field of energy-​saving” (Basic No. 420207) Because energy-​ use involves aspects of science and technology, consultation concerning how to save energy is in the Alphabetical List, with this language,

9 25

Class 42

295

in Class 42. This activity could be classified in various classes—​energy saving could even be considered a business service because saving money on energy costs would be a benefit to any business. In order to avoid this confusion, this entry was introduced into the Alphabetical List. “Providing search engines for the internet” (Basic No. 420209) This is another service that is primarily composed of computer programming. A search engine program merely matches search criteria with what it can find on the Internet. It does not specialize in any particular class of goods or services, so it cannot be considered an information service. Even if it were a search engine dedicated to finding information in the field of real estate, it would not be classified in Class 36 with other real estate services because, again, it is purely a technical data matching activity. It does not provide the content of the information it finds for the searcher. Classifying this activity in Class 42, with other computer programming services, is appropriate, and it eliminates the possibility of classifying this activity by the subject matter that it finds. “Digitization of documents [scanning]” (Basic No. 420210) This activity could be considered a type of photography service and be classified in Class 41 or even in Class 40 by analogy with “photocomposing services” (Basic No. 400114). However, scanning a document in order to capture it in a digitized form that can be stored electronically is a computer function that relies solely on computer programming to perform the task. To avoid misclassification of this Class 42 function, this entry was introduced into the Alphabetical List in the tenth edition of the Nice Agreement.

d. significant changes or additions effected in the eleventh edition of the nice agreement 2017 Twenty-​first-​century services Some additions to Class 42 in the Alphabetical List reflect services that have arisen in the last decade or so. Many of these services relate to computer secur­ ity, such as “off-​site data backup” (Basic No. 420225), “data security consultancy” (Basic No. 420241), “data encryption services” (Basic No. 420243), “monitoring of computer systems for detecting unauthorized access or data breach” (Basic No. 420244), “electronic monitoring of personally identifying information to detect identity theft via the internet” (Basic No. 420245), and “electronic monitoring of credit card activity to detect fraud via the internet” (Basic No. 420246).

926

296

International Trademark Classification

Other additions reflect new technologies that have resulted in twenty-​first-​century services. Among these are “website design consultancy” (Basic No. 420219), “software as a service [SaaS]” (Basic No. 420220), “server hosting” (Basic No. 420223), “cloud computing” (Basic No. 420229), and “unlocking of mobile phones” (Basic No. 420238).

972 

CLASS 43 OFFICIAL TEXT Class Heading Services for providing food and drink; temporary accommodation. Explanatory Note Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation. This Class includes, in particular: • reservation services for travellers’ accommodation, particularly through travel agencies or brokers; • boarding for animals. This Class does not include, in particular: • rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36); • arranging travel by tourist agencies (Cl. 39); • preservation services for food and drink (Cl. 40); • discotheque services (Cl. 41); • boarding schools (Cl. 41); • rest and convalescent homes (Cl. 44).

Interpretation This is the class for hotel and restaurant services. There are some particular guidelines to keep in mind when assessing classification in this class, but it is, basically, quite straightforward.

a. class heading services for providing food and drink Class 43 is the class for “restaurant services” (Basic No. 430102). Of course, services similar to restaurant services also are in Class 43, such as “food and drink catering” (Basic No. 430010), “cafeteria services” (Basic No. 430025),

928

298

International Trademark Classification

and “snack-​bar services” (Basic No. 430108). The services classified in Class 43 are those that prepare food directly for consumption by the consumer. Beware of classifying services in Class 43 that relate to food but that do not involve the actual serving of food or the preparation of food for immediate consumption. For example, food processing services, such as “food and drink preservation” (Basic No. 400066), are in Class 40 with other manufacturing services. Food processing entities manufacture food items that are later used in preparation of foods for final consumption. Because food processing does not prepare food for direct consumption by consumers, it is not classified in Class 43.

temporary accommodation This is the class for “hotel services” (Basic No. 430073) and services that are similar to hotels in that they provide temporary accommodation. The concern in this area is differentiating between those accommodations that are temporary, even though the stay may encompass a significant period, and those that are perman­ ent and should be in Class 36 as a real estate activity. Thus, “retirement homes” (Basic No. 430013) are classified in Class 43. Although the stay in a retirement home may be for an extended period, it is ultimately temporary. Also, retirement homes often provide services that are typically provided in hotels, such as providing meals and maid service. It is not the same activity as “rental of apartments” (Basic No. 360035) or buying a home that is intended to be one’s residence for an indefinite period. The services involved in obtaining that home or real estate are classified in Class 36.

b. explanatory note Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation. This Class includes, in particular: •  reservation services for travellers’ accommodation, particularly through travel agencies or brokers The service of “temporary accommodation reservations” (Basic No. 430162) is specifically included in Class 43. The last phrase of this inclusion makes it clear that this service is in Class 43 even when provided by travel agencies or travel brokers. It is not to be included in Class 39 simply because it may be provided by a travel professional while making reservations for the travel activity itself. Also, bear in mind that the activity of an entity making reservations for its own hotel or motel is not considered a service. In order for this activity to be a service, for purposes of service mark registration, it must be rendered for the benefit of others.

92 

Class 43

299

This Class includes, in particular: •  boarding for animals Because there is now a class dedicated to veterinary and animal husbandry activ­ ities (Class 44), this specific inclusion was made part of Class 43 to emphasize that all temporary accommodation services are in Class 44, including those offered for animals. This Class does not include, in particular: •  rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36) As indicated above, “rental of real estate” (Basic No. 360004)  for accommodations intended for permanent use is in Class 36. Only “rental of temporary accommodation” (Basic No. 430028) is classified in Class 43. This Class does not include, in particular: •  arranging travel by tourist agencies (Cl. 39) As a counterpart to the specific inclusion above, relating to making reservations for temporary accommodations, even when made by travel agents, this specific exclusion reinforces the long-​standing classification of making arrangements and reservations for travel itself in Class 39. Although these two activities may be provided by the same entity, they must be classified in two different classes. This Class does not include, in particular: •  preservation services for food and drink (Cl. 40) As indicated above, the preservation or processing of food and drink is classified in Class 40. It is not considered a service that provides food and drink in Class 43, because the food processed or preserved is not offered for direct and immediate consumption by the final purchaser. This Class does not include, in particular: •  discotheque services (Cl. 41) “Discotheque services” (Basic No. 410047)  often include serving beverages, and sometimes food as well. However, the primary purpose of a discotheque is providing entertainment in the form of music for dancing. Because this can be the source of classification confusion, the service is specifically excluded from Class 43, and it is clearly indicated that it is to be classified in Class 41 with other entertainment services.

03

300

International Trademark Classification

This Class does not include, in particular: •  boarding schools (Cl. 41) Part of the service of “boarding school education” (Basic No. 410075) is providing accommodations for the students that attend the school. However, the primary purpose of a boarding school is to provide education and, therefore, a boarding school must be classified in Class 41. It is referred to in the specific exclusions for Class 43 in order to avoid being classified in this class in error. This Class does not include, in particular: •  rest and convalescent homes (Cl. 44) Because “convalescent homes” (Basic No. 440043) provide medical care, they are classified in Class 44. Because a stay in a rest or convalescent home could be considered a temporary accommodation, it has been listed in the specific exclusions for Class 43 in order to avoid that confusion.

c. supplemental commentary “Providing campground facilities” (Basic No. 430026) and “holiday camp services [lodging]” (Basic No. 430145) Both of these services, “providing campground facilities” and “holiday camp services [lodging],” are activities that provide a temporary accommodation. The purpose of the accommodation may be recreational in nature, but providing the space for a tent or camper is providing a temporary space where one can live for a short period. Therefore, they are both appropriately classified in Class 43, rather than Class 36 as a real estate service or Class 41 as a recreational service. “Day-​nursery [crèche] services” (Basic No. 430098) This activity refers only to the service of providing a safe place for children while their parents are busy elsewhere, usually at work. While it is true that these enterprises often provide recreational or educational activities for the children who are temporarily staying there, those activities should be classified in their appropriate class, namely, Class 41. The “day-​nursery” or daycare center activity encompasses only the service of providing accommodation for children away from their own homes for a temporary period.

1 30

Class 43

301

“Rental of chairs, tables, table linen, glassware” (Basic No. 430186) The rental of chairs, tables, table linen, and glassware is a service most often provided in conjunction with the provision of food and drink in a catering setting or in the context of a temporary accommodation. Therefore, while it may seem somewhat out of place when first considered in Class 43, it is properly classified in this class, because these items are most commonly provided with other Class 43 services.

230

CLASS 44 OFFICIAL TEXT Class Heading Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Explanatory Note Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry. This Class includes, in particular: • medical analysis services relating to the treatment of persons (such as x-​ ray examinations and taking of blood samples); • artificial insemination services; • pharmacy advice; • animal breeding; • services relating to the growing of plants such as gardening; • services relating to floral art such as floral compositions as well as garden design. This Class does not include, in particular: • vermin exterminating, other than for agriculture, aquaculture, horticulture and forestry (Cl. 37); • installation and repair services for irrigation systems (Cl. 37); • ambulance transport (Cl. 39); • animal slaughtering services 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).

Interpretation Class 44 encompasses physical care for both human beings and animals. That care may be medical or cosmetic in nature. However, it should be noted that this

3 0

Class 44

303

class is for activities that provide actual care, and not the theoretical research or analysis of that care. As explained above, those services are classified in Class 42 with other scientific and technological services. Once animal care is classified in this class, it is a logical progression to include services related to agriculture, horti­ culture, and forestry activities. While brain surgery may not be closely related to tree surgery, there is a continuum in this class that justifies the inclusion of these two different activities in a single class.

a. class heading medical services The actual activity of medical treatment is classified in Class 44. Such services include, “medical clinic services” (Basic No. 440021), “chiropractic” (Basic No. 440032), “hospital services” (Basic No. 440059), “opticians’ services” (Basic No. 440092), “physical therapy” (Basic No. 440097), and “dentistry services” (Basic No. 440113). These are all activities that provide a direct benefit to an individual. It is not theoretical; it is the actual care provided by a medical professional.

veterinary services Similarly, “veterinary assistance” (Basic No. 440111) that provides actual care to animals is classified in Class 44.

hygienic and beauty care for human beings or animals The line between medical care and hygienic and beauty care is sometimes hard to distinguish. Therefore, the services of hygienic and beauty care for both human beings and animals are classified in Class 44, along with the medical services. At their intersection, the services are highly related, and it is logical to classify them all in the same class.

agriculture, horticulture and forestry services As indicated above, once veterinary and hygienic and beauty care for animals are included in Class 44, it follows that other agricultural, horticultural, and forestry services also should be classified in Class 44. Thus, “landscape gardening” (Basic No. 440012), “farming equipment rental” (Basic No. 440084), “plant nursery services” (Basic No. 440094), “weed killing” (Basic No. 440171), and “lawn care” (Basic No. 440148) are all included in this class. Services that are closely related to these areas of endeavor also are classified in Class 44, such as “wreath making” (Basic No. 440037) and “flower arranging” (Basic No. 440143).

043

304

International Trademark Classification

b. explanatory note Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry. This Class includes, in particular: •  medical analysis services relating to the treatment of persons (such as x-​ray examinations and taking of blood samples) As opposed to the medical analysis that is theoretical in nature and is classified in Class 42, medical analysis that directly relates to the treatment of a person is classified in Class 44. This specific inclusion is intended to emphasize the placement of medical treatment services in Class 44, and medical research services in Class 42. It is helpful that this note provides some specific examples of medical treatment services that are classified in Class 44, namely, X-​ray examinations and taking of blood samples. This Class includes, in particular: •  artificial insemination services “Artificial insemination services” (Basic No. 440194)  are performed under the auspices of a health care professional. However, because it does not actually involve medical treatment, it is listed in the specific inclusions for Class 44, to avoid any confusion or mistaken classification. The service refers to this activity performed for human beings, as well as animals. This Class includes, in particular: •  pharmacy advice “Pharmacy advice” (Basic No. 440154) that relates to informing individuals about medication is classified in Class 44. It may be performed by a doctor or nurse or by a pharmacist. In some countries, it is against the law for pharmacists to provide such medical advice. However, since this is not the case in all countries, the activity is set forth in the specific inclusions for Class 44 to provide guidance for those countries in which this activity is legal. This Class includes, in particular: •  animal breeding While “animal breeding” (Basic No. 440009) may not necessarily be performed by a veterinarian or other animal health care professional, it is properly classified

5 30

Class 44

305

in Class 44. It is a service that is highly related to other agricultural services and to other veterinarian services. To avoid confusion or improper classification, this activity is listed as a specific inclusion in Class 44. This Class includes, in particular: •  services relating to the growing of plants such as gardening “Gardening” (Basic No. 440077) is a subcategory of horticulture, and even agriculture. However, it is considered a leisure pastime by many, and this characterization could result in the incorrect classification of the activity in Class 41. The growing of plants for commercial purposes also is considered a Class 44 activity. Also, note that “landscape design” (Basic No. 440199) also is in Class 44 and is one of the rare exceptions to a design service that is not classified in Class 42. This Class includes, in particular: •  services relating to floral art such as floral compositions as well as garden design As indicated above, floral composition and garden design is highly related to other services in Class 44, such as “landscape gardening” (Basic No. 440012), “plant nursery services” (Basic No. 440094), and “lawn care” (Basic No. 440148). To avoid incorrect classification of these activities in Class 41, as an artistic activity, or in Class 42, as a design service, they are referred to in the list of specific inclusions for Class 44. This Class does not include, in particular: •  vermin exterminating, other than for agriculture, aquaculture, horticulture and forestry (Cl. 37) When vermin exterminating is done for domestic purposes, it is classified in Class 37 as a building maintenance service. When it is done for agricultural, aquacultural, horticultural, or forestry purposes, it is in Class 43. Vermin exterminating includes the elimination of insects, as well as larger pests, such as rats and other rodents. This Class does not include, in particular: •  installation and repair services for irrigation systems (Cl. 37) Installation and repair of physical items are classified in Class 37, regardless of the field in which the items are used. Thus, the installation and repair of irrigation systems, as well as other agriculture, horticulture, aquaculture, and forestry equipment, is classified in Class 37. This note is included to re-emphasize that classification.

036

306

International Trademark Classification

This Class does not include, in particular: •  ambulance transport (Cl. 39) The actual transport of individuals by ambulance is a transportation service in Class 39. Any life support or emergency medical treatment that may take place within the ambulance may be Class 44 services, but the “ambulance transport” (Basic No. 390006) itself belongs in Class 39. This Class does not include, in particular: •  animal slaughtering services and taxidermy (Cl. 40) “Slaughtering of animals” (Basic No. 400094) is an extreme form of the treatment of material in Class 40. It is, nonetheless, the transformation of something from one form into another. Therefore, it must be classified in Class 40. “Taxidermy” (Basic No. 400055) is a similar and related transformation of something from one form to another. They both fit within the definition of Class 40, and should not be mistakenly classified in Class 44 merely because they have some relation to other animal-​related activities. This Class does not include, in particular: •  timber felling and processing (Cl. 40) Similarly, “timber felling and processing” (Basic No. 400067) involve the transformation of a living tree into a form that makes it usable in a wide variety of applications. Because forestry services are in the Class Heading for Class 44, this exception is clearly listed in the specific exclusions for the class. Class 44 relates to the raising and caring for trees, not their felling and processing. This Class does not include, in particular: •  animal training services (Cl. 41) All training services are classified in Class 41. In fact, the specific inclusions for Class 41 refer to “services consisting of all forms of education of persons or training of animals.” However, since there are many animal-​related services included in Class 44, exclusion of “animal training” (Basic No. 410005) was specifically set forth in the Explanatory Note for Class 44. This Class does not include, in particular: •  health clubs for physical exercise (Cl. 41) Because this activity includes the word “health” and because physical exercise could be considered a variation of physical therapy, health clubs for physical

7 30

Class 44

307

exercise are referred to in the specific exclusions for Class 44. Health clubs and the physical exercise engaged in at those clubs are primarily for sport and recreation purposes. They provide classes in different types of phys­ ical exercise. Therefore, “health club services [health and fitness training]” (Basic No. 410054)  are properly classified in Class 41, owing to their educational and recreational nature, rather than in Class 44 with health-​related services. This Class does not include, in particular: •  scientific research services for medical purposes (Cl. 42) As indicated in Class 42, scientific research, even when performed for medical purposes, is classified in Class 42, along with other research services. This scientific research is not performed for the purposes of diagnosing a disease or condition in a specific individual. Rather, it is done for general purposes that may lead to a medical innovation that could benefit many unspecified individuals. This is pointedly different from the activity indicated in the specific inclusion, namely, medical analysis services relating to the treatment of persons, such as X-​ray examinations and the taking of blood samples. These services are in Class 44 because they are used to collect information that will lead to the diagnosis or treatment of a specific disease or condition in a particular human being or animal. This Class does not include, in particular: •  boarding for animals (Cl. 43) As indicated in the specific inclusions for Class 43, since there is now a class dedicated to veterinary and animal husbandry activities (Class 44), “boarding for animals” (Basic No. 430134) was specifically included in Class 43 to emphasize that all temporary accommodation services are in Class 43, including those offered for animals. As a counterpart, it is listed here in the specific exclusions for Class 44. This Class does not include, in particular: •  retirement homes (Cl. 43) As indicated above, “retirement homes” (Basic No. 430013) are classified in Class 43. Medical services are not routinely provided in retirement homes, as they are in “rest homes” (Basic No. 440043) and “convalescent homes” (Basic No. 440043), both of which are classified in Class 44. Therefore, retirement homes are classified in Class 43 because their primary purpose is to provide temporary accommodation rather than health care.

308

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International Trademark Classification

c. supplemental commentary “Blood bank services” (Basic No. 440133) and “human tissue bank services” (Basic No. 440221) Blood bank services and human tissue bank services are included in Class 44 because of their close connection to medical care services. Although these activ­ ities involve storage and sometimes treatment or transport of blood or tissue, the activities connected with the collection of blood and human tissue and the uses to which the blood and tissue are put justifies these services being included in Class 44. “Telemedicine service” (Basic No. 440198) Because this service involves medical advice, or even treatment rendered by telecommunication means, this service is included in Class 44 in the Alphabetical List to avoid its possible misclassification in Class 38. “Landscape design” (Basic No. 440199) Class 42 includes many design services. However, garden design is specifically excluded from that class because of its close connection with the other horticultural services in Class 44. The Explanatory Note indicates that garden design is a Class 44 service. Similarly, landscape design is included in Class 44 and is set forth in the Alphabetical List in order to avoid its misclassification in Class 42, with other design services. “Sauna services” (Basic No. 440200) “Solarium services” (Basic No. 440201) “Health spa services” (Basic No. 440202) These services are included in the Alphabetical List in Class 44, because their primary purpose is to improve the health of customers. The services rendered at a health spa are different from those provided at a fitness spa, where the activities primarily would be classified in Class 41. Note, also, that if a spa provides meals and temporary accommodations for its customers, those services are classified separately in Class 43. “Visagists’ services” (Basic No. 440203) A visagist is a make-​up artist. It is entirely appropriate for this service to be classified in Class 44. It is included in the Alphabetical List, in part, because the word is not commonly used.

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“Preparation of prescriptions by pharmacists” (Basic No. 440204) Although many pharmaceuticals are provided to pharmacists in their finished forms, there are places and circumstances where the pharmacist must actually make the prescribed pharmaceutical from its components. In a way, this could be considered a custom manufacturing service, but the service would not be appropriately classified in Class 40, because it is not really a commercial manufacturing service but rather is the preparation of a small amount of medication for a specific individual. Therefore, it was included in the Alphabetical List to avoid that classification error. The inclusion of this entry also provides classification guidance for a pharmacy-​related service to those countries that do not recognize “pharmacy advice” (Basic No. 440154) as a legitimate service under their laws. A retail pharmacy, whose primary function is the bringing together for the benefit of others a variety of pharmaceuticals (excluding the transport thereof), enabling customers to view and purchase those pharmaceuticals conveniently, is classified in Class 35 with other retail store-type establishments.

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CLASS 45 OFFICIAL TEXT Class Heading 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).

Interpretation Personal and social services rendered by others to meet the needs of individuals, is the most problematic of the three areas of activity listed in the Class Heading. The

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critical factor to remember in applying this language to determine what services should be included in Class 45, is that this language is not intended to serve as a catch-​all designation that would allow “services not included in other classes” to be classified in Class 45, so long as they relate to the needs of individuals. The services that are included in Class 45 are quite specific. Some examples are “marriage agency services” (Basic No. 450112), “horoscope casting” (Basic No. 450146), and “burial services” (Basic No. 450056). Services provided to individuals that should clearly be classified in another class should not be classified in Class 45, simply because the activity is performed to benefit an individual in the course of his or her private life. Thus, “banking” (Basic No. 360013) is always classified in Class 36, regardless of whether the service is offered on a large-​scale commercial level or on a small, personal level to meet the needs of an individual.

a. class heading legal services Legal services are in Class 45 because they are an outgrowth of the Class Heading that follows, namely, investigation and surveillance services relating to the safety of persons and security of tangible property. The result of such investigation and surveillance could well be a legal proceeding. While not all legal proceedings are grounded in the concept of “safety of persons and security of tangible property,” it is not illogical for legal services to be in Class 45, because they often involve the preservation of safety, or peace of mind, of individuals and businesses.

security services for the physical protection of tangible property and individuals Security services may be provided in the interest of protecting an individual or property. Because providing security services in either of these contexts is closely related and interconnected, services provided in either context are classified in Class 45. It should be noted that this Class Heading emphasizes that the security services are for the physical protection of tangible property. This language should make it clear that technological protection of intangible property, such as computer software that resides in the computer itself as computer code or data that is stored in electronic form in a computer, is not a service in Class 45. Rather it is in Class 42 with other technology services.

personal and social services rendered by others to meet the needs of individuals The services encompassed in this Class Heading are the activities provided to private individuals in living their lives. Providing services relating to social and life-​cycle events are included in this class. As indicated above, and emphasized below in the specific exclusions for Class 45, services that are classified in other

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classes are not to be classified in Class 45 simply because they are provided to individuals.

b. explanatory note This Class includes, in particular: •  services rendered by lawyers, legal assistants, and personal advocates, to individuals, groups of individuals, organizations and enterprises The inclusion of these services in Class 45 is based on the item in the Class Heading for “legal services.” As indicated above, the reason for including legal services in this class is that they are an extension of the security services already classified in Class 45. Security services provide for the protection of tangible property and individuals, and the guarantee of that security is in the hands of the legal profession. This Class includes, in particular: •  investigation and surveillance services relating to the physical safety of persons and security of tangible property As indicated above, these security-​related services are in Class 45, whether they are for protecting individuals, large entities, or property. In the final analysis, failure to provide security in any of these contexts influences the life of individual people. Therefore, it is appropriate to classify these security-​related services in this class. This Class includes, in particular: •  services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services The examples given in this specific inclusion are helpful in defining the scope of this class. The provision of services that relate to an individual’s private social life are classified in this class. This Class does not include, in particular: •  professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35) While this may affect an individual, the business and commercial aspects of providing direct aid in the operations or functions of a commercial undertaking are

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the primary purposes of this activity. It should not be mistakenly classified in Class 45. This Class does not include, in particular: •  services relating to financial or monetary affairs and services dealing with insurance (Cl. 36) An individual’s financial state is of great importance to that individual. But services relating to financial affairs or monetary affairs and services dealing with insurance are classified in Class 36, and that class does not make a distinction as to whether the financial, monetary, or insurance services are provided to individuals or business entities. This Class does not include, in particular: •  escorting of travellers (Cl. 39) Because “escorting in society [chaperoning]” (Basic No. 450002)  or social escort services are in Class 45, it is helpful to have this specific exclusion making it clear that services, such as those of a tour guide, are not classified in Class 45. That is a travel-​related service and is properly classified in Class 39. This Class does not include, in particular: •  security transport (Cl. 39) Because most security services are classified in Class 45, an exception must be made for the secured transport of valuable items. That is primarily a transportation service and is more appropriately classified in Class 39 with other transport services than Class 45 with the security services. This Class does not include, in particular: •  services consisting of all forms of education of persons (Cl. 41) While there should not be much confusion in this area, this specific exclusion is set forth to eliminate any confusion that may arise when an education service is performed for the benefit of a single individual, such as tutoring services, or when the subject matter of an education service may relate to a personal need. All education services are classified in Class 41, whether they are rendered publicly or privately, for one person or for many.

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International Trademark Classification

This Class does not include, in particular: •  performances of singers or dancers (Cl. 41) Performances of singers or dancers are clearly entertainment services. While individuals may be the targeted audience for the entertainment, and the performance is done for the personal benefit of that audience, such performances must be classified in Class 41 with other entertainment services. This Class does not include, in particular: •  computer programming services for the protection of software (Cl. 42) Because many protection services are classified in Class 45, such as “physical security consultancy” (Basic No. 450117), it is important to note that a purely technical service, such as this specific exclusion, should be recognized as being specifically excluded from Class 45. As the exclusion states, this is a programming service. It does not monitor or report security breaches. It is the service that programs firewalls, spam blockers, and other protection programs into a computer. Therefore, it is appropriately classified in Class 42 with other programming and computer technology services. This Class does not include, in particular: •  computer and internet security consultancy and data encryption services (Cl. 42) This specific exclusion further emphasizes the classification of tangible protection of physical property and consultancy related thereto in Class 45, whereas computer and technology services comprising programming activities for securing computer data and information and consultancy related to those activities are in Class 42. This Class does not include, in particular: •  services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44) Medical services are provided for the benefit of an individual, in the course of their private lives. However, Class 44 clearly includes the services that are rendered to individuals. They should not be classified in Class 45 because this class refers to services that are more social in nature. This Class does not include, in particular: •  certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services) As explained in General Remark (b) under Services of the Nice Agreement, “rental services are in principle classified in the same classes as the services provided by

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means of the rented objects (e.g., rental of telephones, covered by Class 38).” This specific exclusion in Class 45 reiterates that concept. Although some rental and leasing services are classified in Class 45, such as “clothing rental” (Basic No. 450081), only the rental services that relate to activities in Class 45 should be classified in Class 45. All others should be classified in their appropriate classes, that is, the class that corresponds to the underlying service in which the rental objects are used.

c. supplemental commentary “Baby sitting” (Basic No. 450195), “house sitting” (Basic No. 450197), and “pet sitting” (Basic No. 450198) These three services involve care for, arguably, the most important possessions an individual will have custody of in his or her lifetime. Their inclusion in Class 45 is justified because the services provide security for these aspects of an individual’s personal life. “Security screening of baggage” (Basic No. 450196) This service is explicitly in Class 45 to avoid misclassification of the activity in Class 39 because it is related to travel. However, the purpose is clearly and primarily for security purposes. “Personal background investigations” (Basic No. 450199) Whether done for personal or professional reasons, investigating a person’s background clearly fits within the security aspect of the Class Heading of Class 45 and it is most appropriately included in this class. “Lost property return” (Basic No. 450200) This service involves the recovery and safekeeping of lost articles until the owner can come to claim them. It is most appropriately classified in Class 45. “Inspection of factories for safety purposes” (Basic No. 450202) Many inspection services are classified in Class 42. This entry, in Class 45, makes it clear than an inspection for assessing safety in a factory is in Class 45 with other safety-​related services. “Rental of safes” (Basic No. 450215) A safe easily could be considered a storage container, and the rental of it, therefore, would be in Class 39 with other storage services. However, the primary purpose

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behind using a safe is to protect or guard the safe’s contents, and thus Class 45 is the appropriate classification for the rental of this activity. “Genealogical research” (Basic No. 450216) Most research services are classified in Class 42. However, the purpose of genealogical research is highly personal and, generally, is not considered research for theoretical, scientific, or technological purposes. In order to avoid misclassification of this specialized research service in Class 42, it is included in the Alphabetical List in Class 45. “Embalming services” (Basic No. 450220) Embalming could be viewed as a service that treats human remains and, therefore, it would be in Class 40. However, it is more of a personal service related to many other services in Class 45, such as “funerary undertaking” (Basic No. 450057), “burial services” (Basic No. 450056), and “conducting funeral cere­ monies” (Basic No. 450229). Thus, it is appropriately classified with those services in Class 45. “On-​line social networking services” (Basic No. 450218) This is an important inclusion in Class 45 in the Alphabetical List. Because this activity is so dependent on computer programming and transmission services, it could be classified in Class 38 or Class 42, were it not for this entry. The import­ ant aspect of this service is to create and foster social interaction between individuals or entities. As such, it is properly classified in Class 45 as a service related to social activities and is justified in this class by the “social services” phrase in the Class Heading.

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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 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. 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.

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Services If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes, and 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 object (e.g., Rental of telephones, covered by Class 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, for example, transportation consultancy (Class 39), business management consultancy (Class 35), financial consultancy (Class 36), and beauty consultancy (Class 44). The rendering of the advice, information, or consultancy by electronic means (e.g., telephone or 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 (Class 35), financing services relating to franchising (Class 36), legal services relating to franchising (Class 45)).

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Administration, Structure, and Mechanics of the ALPHABETICAL LIST of the Nice Agreement Introduction The International (Nice) Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement) has been in existence since 1957. The purpose of the Nice Agreement is to provide a system by which participating national offices can organize the trademark applications coming into their offices. It is also used as a basis for fee structures. As of 2011, 83 countries were party to the Nice Agreement, and 66 countries and four international organizations use the Nice Agreement. Countries that are “party” to the Nice Agreement must use the Nice Agreement classification system as either their primary or subsidiary classification. The classification numbers must be included in official documents or publications related to the registration of marks. The 66 countries and four international organizations that use (as opposed to being parties to) the Nice Agreement are not subject to the same requirements as the signatories are but many countries that use the Nice Agreement comply with these requirements by choice. It should be noted that use of the Nice Agreement classification system is required for applications filed through the Madrid Agreement and the Madrid Protocol.

Administration The Nice Agreement is updated annually through a meeting of the Committee of Experts. There is a full revision and issuance of a new edition every five years. Every country that is a signatory to the Nice Agreement is entitled to attend the meetings of the Committee of Experts. Before the five-​year revision period that led to the eleventh edition of the Nice Agreement, a Preparatory Working Group (PWG) met every year in the first three years of the five-​year revision period. The PWG considered all proposals made by member countries for the additions, deletions, transfers, and amendments to the Alphabetical List. The PWG also considered changes and, occasionally, the addition of new classes. Further, the PWG made recommendations to the Committee of Experts as to which of the proposals should be adopted, rejected, or amended in some way by the PWG itself.

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In the fourth year of the revision period, the Committee of Experts met to review and discuss all of the proposals made during the prior three years and reviewed by the PWG. After that meeting and during the fifth year of the revision period, the World Intellectual Property Organization (WIPO) took on the task of updating the Nice Agreement publications according to the decisions made by the Committee of Experts and issued the new edition in French and in English. These French and English editions are considered the authentic versions. Translations into many other languages flow from the French and English versions. The new edition of the Nice Agreement entered into force in January of the fifth year following the previous edition. However, this system of updating changed for the eleventh edition of the Nice Agreement. The PWG that was created for considering revisions to the Nice Agreement was dissolved. Instead, the Committee of Experts itself met in each year of the five-​year revision period (2012–​2016). It reviewed all proposed additions, deletions, amendments, and transfers that were made in each year, but a complete new edition would not issue until the fifth year of the revision period, 2016. Because the Committee of Experts is the final approving body for changes of any kind to the Nice Agreement, additions and deletions could be adopted in January of each year during the revision period, because they would not affect the structure or parameters of the classes themselves. However, other changes, such as transfers of goods or services from one class to another or changes to the language of the Class Headings or Explanatory Notes could not be implemented until a complete new edition of the Nice Agreement was issued at the end of the revision period. The eleventh edition entered into force on January 1, 2017. It reflects all add­ itions and deletions made over the five-​year revision period, as well as transfers and amendments to Class Headings and Explanatory Notes that were accepted by the Committee of Experts at its final meeting in 2016.

Structure The parts of the Nice Agreement that are critical to this book are the Guidance for the User, the Class Headings, the Explanatory Notes, and the Alphabetical List.

Guidance for the User The Guidance for the User is extremely helpful and should be consulted for general information about the Alphabetical List. It outlines very broad but basic and important concepts that assist the user in understanding the mechanics of the Nice Agreement and its Alphabetical List.

Class Headings The Class Headings present general language about the goods or services that are included in a particular class. All goods or services in the Alphabetical List must have a foundation in an entry or language in the class indicated for that item.

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Explanatory Notes The Explanatory Notes have three sections. The first is usually a general statement that is more detailed than the Class Heading concerning the type of goods or services included in that class. Some classes do not have this section under the Explanatory Note. The Explanatory Note then goes on to list goods or services that are specifically included in or specifically excluded from the class or give general guidance, more specific than the Class Heading but less specific than the individual entries in the Alphabetical List, as to the parameters of the goods or services included in the particular class.

Alphabetical List The Alphabetical List could be considered the most relevant section of the Nice Agreement for those seeking to apply for trademark registration in countries that are parties to or use the Nice Agreement. The Alphabetical List appears in the WIPO publications showing five columns with specific information in each column. The following descriptions of these columns are based on the English version of the Nice Agreement. The first column indicates the specific class number assigned to the goods or services set forth in the third column of the List. The second column is the serial number of the goods or services in English. The basic number will change depending on the language of the version being consulted. The third column is the language used to indicate the goods or services themselves. The serial number leads off with the letter of the first word in the entry, so it will vary from language to language. In addition, entries that have cross-​references or equivalent language entries will have different serial numbers because, again, the serial number leads off with the letter of the first word in the entry. This language, of course, will be the language of the version of the Alphabetical List being consulted. The fourth column is the serial number of the goods or services in French. This number is given in the English version, and the English number is given in the fourth column of the French version because the French and English versions are the authentic languages of the Nice Agreement and users should have access to the serial number of both of the authentic languages. There are unique serial numbers for each entry in the languages of all translations of the Nice Agreement as well. That serial number is specific to each language version. The fifth column is the “basic number” for each entry. The basic number is the same for every language translation of the Alphabetical List. By having a basic number for each entry that is the same in every language version, users can find the equivalent product or service in other languages of the Alphabetical List. For example, the basic number for the English entry “street lamps” is 110263. That will be the basic number for “street lamps” in the French, German, Spanish, Italian, Chinese, Japanese, or any other language version. The first three digits of the basic

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International Trademark Classification

number represent the class. Single digit classes have a leading 0. Thus, a basic number for an item in Class 1 will begin 010. The example given above, street lamps, is an item in Class 11, so the leading three digits are 110. The second three digits represent the order in which the entry was introduced into the Nice Agreement. Thus, the item “posters” (Basic No. 160007) was in the Alphabetical List before the item “postcards” (Basic No. 160174) was added to the Alphabetical List.

Use The Nice Agreement provides the classification for items specifically included in the Alphabetical List. It can also provide guidance to determine the classification of items that are related or similar to specific entries but are not, themselves, included in the Alphabetical List. There are some presentation factors in the Alphabetical List that can help the user navigate and understand its mechanics and aid the user in effectively using the Alphabetical List.

• Cross-​references A product may appear more than one time in the Alphabetical List; however, it will be rearranged in such a way that it will be found under various key words in the entry. Such multiple entries are called cross-​references. The words following the key word in a cross-​reference are in round brackets and end with a dash. The word or words preceding the round brackets control the placement of the entry in the Alphabetical List. The dash is considered a replacement for the word or words that are outside the round brackets and begin the entry. Note that cross-​references have the same serial number and the same basic number. Some examples of cross-​ references are given below: • Marking ink for animals and Inks (Marking –​) for animals • Glass granules for marking out roads and Granules for marking out roads (Glass –​)

•  Equivalents There may be multiple entries under a single basic number when those items are the same but are merely expressed with different wording. Since users may search for the classification of these items by looking for the item expressed in various ways, the different entries are included in the Alphabetical List. Note that alternative spellings of words are treated as equivalents. Some examples of multiple entries under the same basic and serial numbers are:

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• Linseed oil dietary supplements and Flaxseed oil dietary supplements (Basic No. 050422) • Watch glasses and Watch crystals (Basic No. 140059) • Equalizers [audio apparatus] and Equalisers [audio apparatus] (Basic No. 090770)

• General  terms While the Alphabetical List aspires to specificity, there are times when a somewhat general term is included in a specific class, even though that term may appear in another class to designate another type of good or service that includes a qualification that justifies its inclusion in a class other than the class of the more general term. In such cases, the general term will be marked with an asterisk. Users should know to look elsewhere in the Alphabetical List when confronted with a term with an asterisk, to make sure that the goods or services in question belong to the class of the general term or should be in another class that includes the same term but with additional qualifiers that justify the other classification. Some examples of this are: • Paints* in Class 2 and Insulating paints in Class 17 • Rice paper* in Class 16 and Edible rice paper in Class 30 • Brokerage* in Class 36 and Transport brokerage in Class 39

• Square brackets [] Square brackets are used in the Nice Agreement to enclose wording that defines an entry with greater precision. This is often done with words specific to a particular culture, the meaning of which may be unknown to persons not of that culture. They are also used when the text of an entry needs further precision to justify its classification in the particular class to which it is assigned. Finally, it can be used within round brackets when the material within the round brackets constitutes an alternative spelling of a term in an entry. That alternate spelling is often due to a country-​specific spelling of the term. The square brackets will enclose the country in which the alternative spelling is used. Below is an example of each of these uses of square brackets: • Boiler tubes [parts of machines] in Class 7 • Bulgogi [Korean beef dish] in Class 29 • Vegetables, tinned [canned (Am.)] In summary, being aware of the administration, structure, and mechanics of the Nice Agreement makes this tool more understandable, and that, in turn, makes it easier and more efficient to use.

243

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13, 1977, and amended on September 28, 1979 Article 1  Establishment of a Special Union; Adoption of  an International Classification; Definition and Languages of the Classification (1) The countries to which this Agreement applies constitute a Special Union and adopt a common classification of goods and services for the purposes of the registration of marks (hereinafter designated as “the Classification”). (2) The Classification consists of: (i) a list of classes, together with, as the case may be, explanatory notes; (ii) an alphabetical list of goods and services (hereinafter designated as “the alphabetical list”) with an indication of the class into which each of the goods or services falls. (3) The Classification comprises: (i) the classification published in 1971 by the International Bureau of Intellectual Property (hereinafter designated as “the International Bureau”) referred to in the Convention Establishing the World Intellectual Property Organization, it being understood, however, that the explanatory notes to the list of classes included in that publication shall be regarded as provisional and as recommendations until such time as explanatory notes to the list of classes are established by the Committee of Experts referred to in Article 3; (ii) the amendments and additions which have entered into force, pursuant to Article 4(1) of the Nice Agreement of June 15, 1957, and of the Stockholm Act of July 14, 1967, of that Agreement, prior to the entry into force of the present Act; (iii) any changes to be made in accordance with Article 3 of this Act and which enter into force pursuant to Article 4(1) of this Act.

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(4) The Classification shall be in the English and French languages, both texts being equally authentic. (5) (a) The classification referred to in paragraph (3)(i), together with those amendments and additions referred to in paragraph (3)(ii) which have entered into force prior to the date this Act is opened for signature, is contained in one authentic copy, in the French language, deposited with the Director General of the World Intellectual Property Organization (hereinafter designated respectively “the Director General” and “the Organization”). Those amendments and additions referred to in paragraph (3)(ii) which enter into force after the date this Act is opened for signature shall also be deposited in one authentic copy, in the French language, with the Director General. (b) The English version of the texts referred to in subparagraph (a) shall be established by the Committee of Experts referred to in Article 3 promptly after the entry into force of this Act. Its authentic copy shall be deposited with the Director General. (c) The changes referred to in paragraph (3)(iii) shall be deposited in one authentic copy, in the English and French languages, with the Director General. (6) Official texts of the Classification, in Arabic, German, Italian, Portuguese, Russian, Spanish and in such other languages as the Assembly referred to in Article 5 may designate, shall be established by the Director General, after consultation with the interested Governments and either on the basis of a translation submitted by those Governments or by any other means which do not entail financial implications for the budget of the Special Union or for the Organization. (7) The alphabetical list shall mention, opposite each indication of goods or services, a serial number that is specific to the language in which the said list is established, together with: (i) in the case of the alphabetical list established in English, the serial number mentioned in respect of the same indication in the alphabetical list established in French, and vice versa; (ii) in the case of any alphabetical list established pursuant to paragraph (6), the serial number mentioned in respect of the same indication in the alphabetical list established in English or in the alphabetical list established in French.

Article 2  Legal Effect and Use of the Classification (1) Subject to the requirements prescribed by this Agreement, the effect of the Classification shall be that attributed to it by each country of the Special

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International Trademark Classification

Union. In particular, the Classification shall not bind the countries of the Special Union in respect of either the evaluation of the extent of the protection afforded to any given mark or the recognition of service marks. (2) Each of the countries of the Special Union reserves the right to use the Classification either as a principal or as a subsidiary system. (3) The competent Office of the countries of the Special Union shall include in the official documents and publications relating to registrations of marks the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong. (4) The fact that a term is included in the alphabetical list in no way affects any rights which might subsist in such a term.

Article 3  Committee of Experts (1) A Committee of Experts shall be set up in which each country of the Special Union shall be represented. (2) (a) The Director General may, and, if requested by the Committee of Experts, shall, invite countries outside the Special Union which are members of the Organization or party to the Paris Convention for the Protection of Industrial Property to be represented by observers at meetings of the Committee of Experts. (b) The Director General shall invite intergovernmental organizations specialized in the field of marks, of which at least one of the member countries is a country of the Special Union, to be represented by observers at meetings of the Committee of Experts. (c) The Director General may, and, if requested by the Committee of Experts, shall, invite representatives of other intergovernmental organizations and international non-​governmental organizations to participate in discussions of interest to them. (3) The Committee of Experts shall: (i) decide on changes in the Classification; (ii) address recommendations to the countries of the Special Union for the purpose of facilitating the use of the Classification and promoting its uniform application; (iii) take all other measures which, without entailing financial implications for the budget of the Special Union or for the Organization, contribute towards facilitating the application of the Classification by developing countries; (iv) have the right to establish subcommittees and working groups.

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(4) The Committee of Experts shall adopt its own rules of procedure. The latter shall provide for the possibility of participation in meetings of the subcommittees and working groups of the Committee of Experts by those intergovernmental organizations referred to in paragraph (2)(b) which can make a substantial contribution to the development of the Classification. (5) Proposals for changes in the Classification may be made by the competent Office of any country of the Special Union, the International Bureau, any intergovernmental organization represented in the Committee of Experts pursuant to paragraph (2)(b) and any country or organization specially invited by the Committee of Experts to submit such proposals. The proposals shall be communicated to the International Bureau, which shall submit them to the members of the Committee of Experts and to the observers not later than two months before the session of the Committee of Experts at which the said proposals are to be considered. (6) Each country of the Special Union shall have one vote. (7) (a) Subject to subparagraph (b), the decisions of the Committee of Experts shall require a simple majority of the countries of the Special Union represented and voting. (b) Decisions concerning the adoption of amendments to the Classification shall require a majority of four-​fifths of the countries of the Special Union represented and voting. “Amendment” shall mean any transfer of goods or services from one class to another or the creation of any new class. (c) The rules of procedure referred to in paragraph (4)  shall provide that, except in special cases, amendments to the Classification shall be adopted at the end of specified periods; the length of each period shall be determined by the Committee of Experts. (8) Abstentions shall not be considered as votes.

Article 4  Notification, Entry Into Force and Publication of Changes (1) Changes decided upon by the Committee of Experts and recommendations of the Committee of Experts shall be notified to the competent Offices of the countries of the Special Union by the International Bureau. Amendments shall enter into force six months after the date of dispatch of the notification. Any other change shall enter into force on a date to be specified by the Committee of Experts at the time the change is adopted. (2) The International Bureau shall incorporate in the Classification the changes which have entered into force. Announcements of those changes shall be published in such periodicals as may be designated by the Assembly referred to in Article 5.

283

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International Trademark Classification

Article 5  Assembly of the Special Union (1) (a) The Special Union shall have an Assembly consisting of those countries which have ratified or acceded to this Act. (b) The Government of each country shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts. (c) The expenses of each delegation shall be borne by the Government which has appointed it. (2) (a) Subject to the provisions of Articles 3 and 4, the Assembly shall: (i) deal with all matters concerning the maintenance and development of the Special Union and the implementation of this Agreement; (ii) give directions to the International Bureau concerning the preparation for conferences of revision, due account being taken of any comments made by those countries of the Special Union which have not ratified or acceded to this Act; (iii) review and approve the reports and activities of the Director General of the Organization (hereinafter designated as “the Director General”) concerning the Special Union, and give him all necessary instructions concerning matters within the competence of the Special Union; (iv) determine the program and adopt the biennial budget of the Special Union, and approve its final accounts; (v) adopt the financial regulations of the Special Union; (vi) establish, in addition to the Committee of Experts referred to in Article 3, such other committees of experts and working groups as it may deem necessary to achieve the objectives of the Special Union; (vii) determine which countries not members of the Special Union and which intergovernmental and international non-​governmental organizations shall be admitted to its meetings as observers; (viii)  adopt amendments to Articles 5 to 8; (ix) take any other appropriate action designed to further the objectives of the Special Union; (x) perform such other functions as are appropriate under this Agreement.

293 

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(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization. (3) (a) Each country member of the Assembly shall have one vote. (b) One-​half of the countries members of the Assembly shall constitute a quorum. (c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries represented is less than one-​half but equal to or more than one-​third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains. (d) Subject to the provisions of Article 8(2), the decisions of the Assembly shall require two-​thirds of the votes cast. (e) Abstentions shall not be considered as votes. (f) A delegate may represent, and vote in the name of, one country only. (g) Countries of the Special Union not members of the Assembly shall be admitted to the meetings of the latter as observers. (4) (a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization. (b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of one-​fourth of the countries members of the Assembly. (c) The agenda of each session shall be prepared by the Director General. (5) The Assembly shall adopt its own rules of procedure.

30

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International Trademark Classification

Article 6  International Bureau (1) (a) Administrative tasks concerning the Special Union shall be performed by the International Bureau. (b) In particular, the International Bureau shall prepare the meetings and provide the secretariat of the Assembly, the Committee of Experts, and such other committees of experts and working groups as may have been established by the Assembly or the Committee of Experts. (c) The Director General shall be the chief executive of the Special Union and shall represent the Special Union. (2) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Committee of Experts, and such other committees of experts or working groups as may have been established by the Assembly or the Committee of Experts. The Director General, or a staff member designated by him, shall be ex officio secretary of those bodies. (3) (a) The International Bureau shall, in accordance with the directions of the Assembly, make the preparations for the conferences of revision of the provisions of the Agreement other than Articles 5 to 8. (b) The International Bureau may consult with intergovernmental and international non-​ governmental organizations concerning preparations for conferences of revision. (c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at those conferences. (4) The International Bureau shall carry out any other tasks assigned to it.

Article 7  Finances (1) (a) The Special Union shall have a budget. (b) The budget of the Special Union shall include the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Organization. (c) Expenses not attributable exclusively to the Special Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Special Union

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in such common expenses shall be in proportion to the interest the Special Union has in them. (2) The budget of the Special Union shall be established with due regard to the requirements of coordination with the budgets of the other Unions administered by the Organization. (3) The budget of the Special Union shall be financed from the following sources: (i) contributions of the countries of the Special Union; (ii) fees and charges due for services rendered by the International Bureau in relation to the Special Union; (iii) sale of, or royalties on, the publications of the International Bureau concerning the Special Union; (iv) gifts, bequests, and subventions; (v) rents, interests, and other miscellaneous income. (4) (a) For the purpose of establishing its contribution referred to in paragraph (3)(i), each country of the Special Union shall belong to the same class as it belongs to in the Paris Union for the Protection of Industrial Property, and shall pay its annual contributions on the basis of the same number of units as is fixed for that class in that Union. (b) The annual contribution of each country of the Special Union shall be an amount in the same proportion to the total sum to be contributed to the budget of the Special Union by all countries as the number of its units is to the total of the units of all contributing countries. (c) Contributions shall become due on the first of January of each year. (d) A country which is in arrears in the payment of its contributions may not exercise its right to vote in any organ of the Special Union if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, any organ of the Special Union may allow such a country to continue to exercise its right to vote in that organ if, and as long as, it is satisfied that the delay in payment is due to exceptional and unavoidable circumstances. (e) If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous year, as provided in the financial regulations. (5) The amount of the fees and charges due for services rendered by the International Bureau in relation to the Special Union shall be established, and shall be reported to the Assembly, by the Director General. (6) (a) The Special Union shall have a working capital fund which shall be constituted by a single payment made by each country of the Special

32

332

International Trademark Classification

Union. If the fund becomes insufficient, the Assembly shall decide to increase it. (b) The amount of the initial payment of each country to the said fund or of its participation in the increase thereof shall be a proportion of the contribution of that country for the year in which the fund is established or the decision to increase it is made. (c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General and after it has heard the advice of the Coordination Committee of the Organization. (7) (a) In the headquarters agreement concluded with the country on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such country shall grant advances. The amount of those advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such country and the Organization. (b) The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified. (8) The auditing of the accounts shall be effected by one or more of the countries of the Special Union or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly.

Article 8  Amendment of Articles 5 to 8 (1) Proposals for the amendment of Articles 5, 6, 7, and the present Article, may be initiated by any country member of the Assembly, or by the Director General. Such proposals shall be communicated by the Director General to the member countries of the Assembly at least six months in advance of their consideration by the Assembly. (2) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall require three-​fourths of the votes cast, provided that any amendment to Article 5, and to the present paragraph, shall require four-​fifths of the votes cast. (3) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-​fourths of the countries members of the Assembly at the time it adopted the amendment. Any amendment to the said Articles thus accepted shall bind all the countries which are members of the Assembly

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at the time the amendment enters into force, or which become members thereof at a subsequent date, provided that any amendment increasing the financial obligations of countries of the Special Union shall bind only those countries which have notified their acceptance of such amendment.

Article 9  Ratification and Accession; Entry Into Force (1) Any country of the Special Union which has signed this Act may ratify it, and, if it has not signed it, may accede to it. (2) Any country outside the Special Union which is party to the Paris Convention for the Protection of Industrial Property may accede to this Act and thereby become a country of the Special Union. (3) Instruments of ratification and accession shall be deposited with the Director General. (4) (a) This Act shall enter into force three months after both of the following conditions are fulfilled: (i) six or more countries have deposited their instruments of ratification or accession; (ii) at least three of the said countries are countries which, on the date this Act is opened for signature, are countries of the Special Union. (b) The entry into force referred to in subparagraph (a) shall apply to those countries which, at least three months before the said entry into force, have deposited instruments of ratification or accession. (c) With respect to any country not covered by subparagraph (b), this Act shall enter into force three months after the date on which its ratification or accession was notified by the Director General, unless a subsequent date has been indicated in the instrument of ratification or accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated. (5) Ratification or accession shall automatically entail acceptance of all the clauses and admission to all the advantages of this Act. (6) After the entry into force of this Act, no country may ratify or accede to an earlier Act of this Agreement.

Article 10  Duration This Agreement shall have the same duration as the Paris Convention for the Protection of Industrial Property.

34

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International Trademark Classification

Article 11  Revision (1) This Agreement may be revised from time to time by a conference of the countries of the Special Union. (2) The convocation of any revision conference shall be decided upon by the Assembly. (3) Articles 5 to 8 may be amended either by a revision conference or according to Article 8.

Article 12  Denunciation (1) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall constitute also denunciation of the earlier Act or Acts of this Agreement which the country denouncing this Act may have ratified or acceded to, and shall affect only the country making it, the Agreement remaining in full force and effect as regards the other countries of the Special Union. (2) Denunciation shall take effect one year after the day on which the Director General has received the notification. (3) The right of denunciation provided by this Article shall not be exercised by any country before the expiration of five years from the date upon which it becomes a country of the Special Union.

Article 13  Reference to Article 24 of the Paris Convention The provisions of Article 24 of the Stockholm Act of 1967 of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement, provided that, if those provisions are amended in the future, the latest amendment shall apply to this Agreement with respect to those countries of the Special Union which are bound by such amendment.

Article 14  Signature; Languages; Depositary Functions; Notifications (1) (a) This Act shall be signed in a single original in the English and French languages, both texts being equally authentic, and shall be deposited with the Director General.

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(b) Official texts of this Act shall be established by the Director General, after consultation with the interested Governments and within two months from the date of signature of this Act, in the two other languages, Russian and Spanish, in which, together with the languages referred to in subparagraph (a), authentic texts of the Convention Establishing the World Intellectual Property Organization were signed. (c) Official texts of this Act shall be established by the Director General, after consultation with the interested Governments, in the Arabic, German, Italian and Portuguese languages, and such other languages as the Assembly may designate. (2) This Act shall remain open for signature until December 31, 1977. (3) (a) The Director General shall transmit two copies, certified by him, of the signed text of this Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country. (b) The Director General shall transmit two copies, certified by him, of any amendment to this Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country. (4) The Director General shall register this Act with the Secretariat of the United Nations. (5) The Director General shall notify the Governments of all countries party to the Paris Convention for the Protection of Industrial Property of: (i) signatures under paragraph (1); (ii) deposits of instruments of ratification or accession under Article 9(3); (iii)  the date of entry into force of this Act under Article 9(4)(a); (iv) acceptances of amendments to this Act under Article 8(3); (v) the dates on which such amendments enter into force; (vi) denunciations received under Article 12.

36

 337

A PPENDIX

CLASS 1 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Tragacanth gum for use Gum tragacanth for in manufactures industrial purposes

010024

D

Activated carbons

010025

C

Activated [carbons]

Activated carbon Activated charcoal

010025

C

Gas propellants for aerosols

Propellant gases for aerosols

010026

C

Agricultural chemicals, except fungicides, weedkillers, herbicides, insecticides and parasiticides

Agricultural chemicals, except fungicides, herbicides, insecticides and parasiticides

010031

C

Albuminized paper

Albumenized paper

010036

D

Sal ammoniac spirits

STET

Spirits of salt

C

Antranilic acid

Anthranilic acid

010070

C

Antimony sulphide

Antimony sulfide

010076

C

Starch size [chemical preparations]

Size for use in the textile industry

010077

D

Dressing and finishing preparations for textiles

010077

D

Nitric monoxide

010093

STET

Nitrous oxide

C

Oenological bactericides [chemical preparations used in wine making]

D

Chemicals used in fermenting wine

010096

C

Chemical preparations, Chemicals, except except pigments, for the pigments for the manufacture of enamel manufacture of enamel

010107

C

Benzoic sulphidinide

010113

D

Organic bleaching chemicals

010058 010058

010093 Oenological bactericides [chemical preparations for use in wine making]

Benzoic sulfidimide

010096

010129

NOTE

338

338

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

D

Nitrogenous lime [manure]

010141

STET

Calcium cyanamide [fertilizer]

010141

C

Carbon sulphide

Carbon disulfide

C

Cement-​waterproofing preparations, except paints

Cement-​waterproofing 010195 chemicals, except paints

C

Preservatives for pharmaceutical preparations

Preservatives for use in the pharmaceutical industry

010210

C

Copper sulphate [vitriol]

Copper sulfate [blue vitriol]

010225

C

Vitriol

Blue vitriol

010225

C

Dextrine size

Dextrin [size]

010242

C

Diazo papers

Diazo paper

010245

C

Ion exchangers [chemical preparations]

Ion exchangers [chemicals]

010255

C

Reagent paper

Reagent paper, other than for medical or veterinary use

010259

D

Opacifiers for enamel or glass

010264

D

Manure for agriculture

010271

STET

Fertilizers Fertilisers

010271

C

Sulphuric ethers

Sulfuric ether

010285

C

Flowers of sulphur for chemical purposes

Flowers of sulfur for chemical purposes

010299

C

Fulling preparations for use in textile industry

Fulling preparations for use in the textile industry

010312

D

Brake fluids

010315

STET

Brake fluid

010315

D

Potting soil

010355

STET

Humus

010355

C

Hyposulphites

D

Metal earths

010392

D

Metal tempering preparations

010393

STET

Metal annealing preparations

010393

Hyposulfites

BASIC NO.

010149

010361

NOTE

 339

Appendix

339

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Nitrate of uranium

Uranium nitrate

010405

D

Sensitized printing plates for offset

010406

STET

Sensitized plates for offset printing

010406

C

Olivine [chemical preparations]

Olivine [silicate mineral]

010408

C

Hydrogen peroxide

Hydrogen peroxide for industrial purposes

010414

D

Dioxide of hydrogen

C

Palladious chlorides

Palladium chloride

010415

C

Persulphates

Persulfates

010425

D

Refrigerating preparations

STET

Refrigerants

C

Sulphides

Sulfides

010486

C

Sodium salts [chemical preparations]

Sodium salts [chemical compounds]

010491

C

Sulphur

Sulfur

010493

C

Bismuth nitrite for chemical purposes

Bismuth subnitrate for chemical purposes

010494

C

Spinel [chemical preparations]

Spinel [oxide mineral]

010496

C

Liquids for removing sulphates from batteries Liquids for removing sulphates from accumulators

Liquids for removing sulfates from batteries Liquids for removing sulfates from accumulators

010500

C

Sulphonic acids

Sulfonic acids

010501

C

Sulphurous acids

Sulfurous acid

010502

C

Sulphuric acids

Sulfuric acid

010503

C

Chemicals for forestry, except fungicides, herbicides, insecticides and parasiticides

Chemicals for use in forestry, except fungicides, herbicides, insecticides and parasiticides

010504

D

Enamel and glass staining chemicals

C

Earth for growing

Soil for growing

010524

C

Fuller’s earth for use in textile industry

Fuller’s earth for use in the textile industry

010525

C

Sulphates

Sulfates

010555

010414

010459 010459

NOTE

340

340

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Barium sulphate

Barium sulfate

010574

C

Chemical preparations for the manufacture of paints

Chemicals for the manufacture of paints

010575

D

Chemical preparations for the manufacture of pigments

C

Cultures of microorganisms other than for medical and veterinary use Preparations of microorganisms other than for medical and veterinary use

C

Gums [adhesives], other Gums [adhesives] for than for stationery or industrial purposes household purposes

010616

C

Damp proofing preparations, except paints, for masonry

010617

C

Scale removing Descaling preparations, 010635 preparations, other than other than for for household purposes household purposes

C

Sea water for industrial purposes

010575

Cultures of microorganisms, other than for medical and veterinary use

Damp-​proofing chemicals, except paints, for masonry

010596

Seawater for industrial purposes

010636

A

Sal ammoniac spirits

010678

A

Chemicals for the manufacture of pigments

010679

A

Preparations of microorganisms, other than for medical and veterinary use

010680

A

Potting soil

010681

A

Metal tempering preparations

010682

A

Glutamic acid for industrial purposes

010683

A

Tea extracts for use in the manufacture of pharmaceuticals

010684

A

Tea extracts for the food industry

010685

A

Organic digestate [fertilizer]

010686

NOTE

 341

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

341

NEW ENTRY

BASIC NO.

A

Tea extracts for use in the manufacture of cosmetics

010687

A

Collagen for industrial purposes

010688

A

Silicon carbide [raw material]

010689

A

Adjuvants, other than for medical or veterinary purposes

010690

A

Vitamins for use in the manufacture of food supplements

010691

A

Vitamins for the food industry

010692

A

Antioxidants for use in manufacture

010693

A

Antioxidants for use in the manufacture of cosmetics

010694

A

Antioxidants for use in the manufacture of pharmaceuticals

010695

A

Antioxidants for use in the manufacture of food supplements

010696

A

Proteins for use in manufacture

010697

A

Proteins for use in the manufacture of food supplements

010698

A

Proteins for the food industry

010699

A

Ammonium nitrate

010700

A

Vitamins for use in the manufacture of pharmaceuticals

010701

A

Vitamins for use in the manufacture of cosmetics

010702

A

Flavonoids for industrial purposes [phenolic compounds]

010703

A

Thymol for industrial purposes

010704

NOTE

342

342 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Topsoil

010705

A

Transmission oil

010706

A

Polymer resins, unprocessed

010707

A

Chemical coatings for ophthalmic lenses

010708

A

Calomel [mercurous chloride]

010709

A

Animal manure

010710

T

Xylol

010711

Transferred from Class 4—see text for further explanation.

T

Xylene

010712

Transferred from Class 4—see text for further explanation.

T

Benzene

010713

Transferred from Class 4—see text for further explanation.

T

Benzol

010714

Transferred from Class 4—see text for further explanation.

CLASS 2 CHANGES A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

D

Aluminum powder for painters, artists and decorators

020008

STET

Aluminum powder for painting

020008

D

Silver foil [leaf]

C

Bronze powder

020013 Bronze powder for painting

020032

NOTE

NOTE

 343

Appendix A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

343 BASIC NO.

NOTE

D

Bronze powder [paint]

020032

C

Undercoating for chassis of vehicles Undersealing for chassis of vehicles

D

Printing compositions [ink]

020043

STET

Printers’ pastes [ink]

020043

D

Gildings

C

Marking inks for animals

Marking ink for animals

020067

C

Metals in powder form for painters, decorators, printers and artists

Metals in powder form for use in painting, decorating, printing and art

020090

This change distinguishes metals for printers in Class 2 from metals used as semiworked material for 3D printing. The change also indicates the purpose of the goods rather than the intended users.

C

Metal foil Metal foil for use in for painters, painting, decorating, decorators, printing and art printers and artists

020092

This change indicates the purpose of the goods rather than the intended users.

C

Anti-​rust preparations for preservation

Undercoating for vehicle chassis Undersealing for vehicle chassis

020040

020063

Anti-​rust preparations 020107

A

Water colour paints for use in art Water color paints for use in art

020126

A

Oil paints for use in art

020127

A

Edible inks

020128

A

Edible ink cartridges filled, for printers

020129

D

Blacks [colorants or paints]

D

Whites [colorants or paints]

C

Metals in foil and powder form for painters, decorators, printers and artists

Metals in foil and powder form for use in painting, decorating, printing and art

CLASS HEADING

344

344

International Trademark Classification

CLASS 3 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C

Soap

Soap*

030012

See text for further explanation.

D

Blueing for laundry Bluing for laundry

A

Laundry blueing

C

Swabs [toiletries]

STET

Cotton sticks for cosmetic purposes

030019

A

Laundry bleaching preparations

030028

STET

Laundry bleach

C

Mouth washes, not for medical purposes

Mouthwashes, not for medical purposes

030031

C

Hair lotions

Hair lotions*

030034

D

Shoe polish Boot cream Boot polish

030039

STET

Shoe cream

030039

D

Essential oils of citron

030056

STET

Essential oils of lemon

C

Dentifrices

Dentifrices*

030079

C

Scale removing preparation for household purposes

Descaling preparations for household purposes

030081

D

Flavourings for cake [essential oils]

030107

STET

Cake flavourings [essential oils]

030107

A

030014 030014 Cotton swabs for cosmetic purposes

030028

Washing preparations Bleaching preparations [laundry]

STET

Laundry preparations

C

Toiletries

See text for further explanation.

030056

Cake flavorings [essential oils]

D

030019

See text for further explanation.

030107 030124

030124 Toiletry preparations*

030125

See text for further explanation.

 345

Appendix

345

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C

Shampoos

Shampoos*

030134

See text for further explanation.

C

Glass cloth

Glass cloth [abrasive cloth]

030161

C

Flavorings [flavourings] for beverages [essential oils]

Flavourings for beverages [essential oils]

030173

STET

Flavorings for beverages [essential oils]

C

Shampoos for pets

Shampoos for pets [non-​medicated grooming preparations]

030196

C

Dry shampoos

Dry shampoos*

030223

A

Essential oils of citron

030226

A

Henna [cosmetic dyes]

030227

A

Shoe polish

030228

A

Lipstick cases

030229

A

Bath preparations, not for medical purposes

030230

A

Hair conditioners

030231

A

Hair straightening preparations

030232

A

Tissues impregnated with make-​ up removing preparations

030233

A

Collagen preparations for cosmetic purposes

030234

A

Teeth whitening strips

030235

A

Food flavourings [essential oils]

030236

A

Food flavorings [essential oils]

030236

A

Phytocosmetic preparations

030237

030173

See text for further explanation.

346

346 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Cleansers for intimate personal hygiene purposes, non-​medicated

030238

A

Herbal extracts for cosmetic purposes

030239

A

Nail varnish removers Nail polish removers

030240

A

Shampoos for animals [non-​ medicated grooming preparations]

030242

A

Eye-​washes, not for medical purposes

030243

A

Vaginal washes for personal sanitary or deodorant purposes

030244

NOTE

C

Soaps

Non-​medicated soaps

CLASS HEADING

C

Cosmetics

Non-​medicated cosmetics

CLASS HEADING

C

Hair lotions

Non-​medicated hair lotions

CLASS HEADING

C

Dentifrices

Non-​medicated dentifrices

CLASS HEADING

C

Class 3 includes mainly cleaning preparations and toilet preparations

Class 3 includes mainly cleaning preparations and non-​ medicated toiletry preparations

EXPLANATORY NOTE

Medicated shampoos, medicated soaps, medicated hair lotions and medicated dentifrices (Cl. 5)

EXPLANATORY NOTE—​ EXCLUSION

A

 347

Appendix

347

CLASS 4 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

D

Grease for boots

C

Grease for shoes

D

Benzine

STET

Petrol

C

Additives, non-​ chemical, to motor-​f uel

Additives, non-​ chemical to motor fuel

030085

C

Solidified gas [fuel]

Solidified gases [fuel]

030088

C

Castor oil for technical purposes

Castor oil for industrial purposes

040089

A

Dust absorbing compositions

040109

A

Benzine

040110

A

Biomass fuel

040111

A

Xylene fuel

040113

A

Benzene fuel

040112

NOTE

040026 Grease for footwear

040026 040043 040043

T

Benzene

Transferred to Class 1—see text for further explanation.

T

Xylene

Transferred to Class 1—see text for further explanation.

T

Xylol

Transferred to Class 1—see text for further explanation.

T

Benzol

Transferred to Class 1—See text for further explanation.

348

348

International Trademark Classification

CLASS 5 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

D

Alcohol for pharmaceutical purposes

STET

Medicinal alcohol

C

Adhesive plaster

D

Court plasters Gummed taffeta plasters

050019

STET

Sticking plasters

050019

D

Pesticides

050021

STET

Preparations for destroying noxious animals

050021

D

Articles for headaches

C

Bath preparations, medicated

D

Hygienic bandages

C

050008

050008 Adhesive plasters

050019

Bath preparations for medical purposes

050041

Cattle washes

Cattle washes [insecticides]

050051

C

Calomel

Calomel [fungicide] 050064

D

Confectionery, medicated

STET

Candy, medicated

C

Preparations of lime for pharmaceutical purposes

Lime-​based pharmaceutical preparations

050074

C

Dog washes

Dog washes [insecticides]

050075

D

Surgical cloth [tissues] Surgical tissues

C

Vitamin preparations

Vitamin preparations*

050090

D

Plasters for medical purposes

C

Sunburn preparations for pharmaceuticals

D

Headache pencils

C

Animal washes

050057 050057

050097 Pharmaceutical preparations for treating sunburn

050100

Animal washes [insecticides]

050189

NOTE

 349

Appendix

349

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Sulphur sticks [disinfectants]

Sulfur sticks [disinfectants]

050205

C

Cultures of microorganisms for medical and veterinary use

Cultures of microorganisms for medical or veterinary use

050213

D

Preparations of microorganisms for medical and veterinary use

C

Sulphonamides [medicines]

Sulfonamides [medicines]

050279

C

Flowers of sulphur for pharmaceutical purposes

Flowers of sulfur for pharmaceutical purposes

050334

D

Capsules for pharmaceutical purposes

050243

STET

Cachets for pharmaceutical purposes

050243

D

Dog lotions

A

050213

Diapers for incontinents

050351

C

Vaginal washes

Vaginal washes for medical purposes

050393

C

Surgical implants [living tissues]

Surgical implants comprised of living tissues

050397

C

Diapers [babies’ napkins]

Babies’ diapers [napkins]

050412

C

Eye-​washes

Medicated eye-washes

050414

A

Reagent paper for medical or veterinary purposes

050437

A

Alcohol for pharmaceutical purposes

050438

A

Pesticides

050439

A

Diapers for pets

050440

A

Disinfectants

050441

A

Surgical glues

050442

NOTE

350

350 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Diagnostic biomarker reagents for medical purposes

050443

A

Acne treatment preparations

050444

A

Medicated animal feed

050445

A

Diagnostic preparations for veterinary purposes

050446

A

Cotton swabs for medical purposes Cotton sticks for medical purposes

050447

A

Infant formula

050448

A

Powdered milk for babies

050449

A

Transplants [living tissues]

050450

A

Collagen for medical purposes

050451

A

Plant extracts for pharmaceutical purposes

050452

A

Pharmaceuticals

050453

A

Preparations of microorganisms for medical or veterinary use

050454

A

Phytotherapy preparations for medical purposes

050455

A

Herbal extracts for medical purposes

050456

A

Sexual stimulant gels

050457

A

Immunostimulants

050458

A

Nutraceutical preparations for therapeutic or medical purposes

050459

NOTE

 351

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

351 BASIC NO.

A

Lyophilized food 050460 adapted for medical purposes Lypholised food adapted for medical purposes

A

Freeze-​dried food 050460 adapted for medical purposes

A

Homogenized food 050461 adapted for medical purposes Homogenised food adapted for medical purposes

A

Pre-​fi lled syringes for medical purposes

A

Freeze-​dried meat 050463 adapted for medical purposes Lypholised meat adapted for medical purposes Lypholized meat adapted for medical purposes

A

Astringents for medical purposes

050465

A

Medicated dentifrices

050466

A

Pediculicidal shampoos

050468

A

Insecticidal animal shampoos

050469

A

Insecticidal veterinary washes

050470

A

Antibacterial soap

050471

A

Antibacterial handwashes

050472

A

Medicated after-​ shave lotions

050473

A

Medicated shampoos

050474

050462

NOTE

352

352 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Medicated toiletry preparations

050475

A

Medicated hair lotions

050476

A

Medicated dry shampoos

050477

A

Medicated shampoos for pets

050478

A

Lice treatment preparations [pediculicides]

050467

NOTE

T

Bracelets for medical purposes

Transferred to Class 10—see text for further explanation.

T

Anti-​rheumatism bracelets

Transferred to Class 10—see text for further explanation.

T

Anti-​rheumatism rings

Transferred to Class 10—see text for further explanation.

C

Pharmaceutical and veterinary …

Pharmaceuticals, medical and veterinary …

CLASS HEADING

C

Meal replacements, dietetic food and beverages not for medical or veterinary purposes (Cl. 29, 30, 31, 32 or 33)

Meal replacements, dietetic food and beverages not for medical or veterinary use (Cl. 29, 30, 31, 32 or 33)

EXPLANATORY NOTE—​ EXCLUSION

C

Sanitary preparations being toiletries (Cl. 3)

Sanitary preparations being non-​ medicated toiletries (Cl. 3)

EXPLANATORY NOTE— ​E XCLUSION

A

Diapers for babies and incontinents

EXPLANATORY NOTE—​ INCLUSION

A

Medicated shampoos, soaps, lotions and dentifrices

EXPLANATORY NOTE—​ INCLUSION

 353

Appendix

353

CLASS 6 CHANGES A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

C

Cash boxes of metal

Cash boxes [metal or non-​metal]

060029

C

Silver plated tin alloys

Silver-​plated tin alloys

060032

C

Safes [strong boxes]

Safes [metal or non-​metal]

060034

A

Strongboxes [metal or non-​metal]

060034

D

Sash fasteners of metal for windows

060035

STET

Window stops of metal

060035

D

Gate stops of metal

060036

STET

Door stops of metal

060036

C

Armour-​plating

Armour-​plating of metal Armor-​plating of metal

060047

C

Identification bracelets of metal, for hospitals

Identification bracelets of metal

060051

C

Keys

Keys of metal

060083

C

Pillars of metal for buildings

Pillars of metal for building

060090

D

Armour plate

D

Furnace fire screens Furnace screens

C

Door bells, non-​electric

D

Ice nails [climbing irons]

060149

STET

Crampons [climbing irons]

060149

C

Porches of metal [building]

Porches [structures] of metal

060179

C

Door knockers

Door knockers of metal

060180

C

Skating rinks [structures of metal]

Skating rinks [structures] of metal

060203

060107

Door bells of metal, non-​electric

060121

NOTE

354

354

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

D

Cladding of metal for construction and building

C

Linings of metal [building]

Linings of metal for building

060211

C

Tiles of metal

Roofing tiles of metal

060213

C

Rings of common metal for keys

Split rings of common metal for keys

060221

Beams of metal

060224

Road signs, non-​ luminous and non-​mechanical, of metal

060228

Reservoirs of metal

060232

A C

Signs, non-​ luminous and non-​mechanical, of metal for roads

A

060211

C

Turnstiles

Turnstiles of metal

060255

C

Aviaries of metal [structures]

Aviaries [structures] of metal

060263

C

Fittings of metal for air ducts

Fittings of metal for compressed air lines

060267

C

Bird baths [structures of metal]

Bird baths [structures] of metal

060280

D

Vice benches of metal

C

Swimming pools [metal structures]

STET

Collars of metal for fastening pipes

060312

D

Wall hooks of metal for pipes Clips of metal for pipes

060312

C

Vaults of metal [burial]

Burial vaults of metal

060323

C

Door cases of metal

Door casings of metal

060329

C

Gutters of metal

Roof gutters of metal

060332

Swimming pools [structures] of metal

NOTE

 355

Appendix

355

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

C

Hooks for slate [metal hardware]

Hooks of metal for roofing slate

060351

C

Boarding stairs of metal, mobile, for passengers

Mobile boarding stairs of metal for passengers

060362

C

Poles of metal for electric lines Posts of metal, for electric lines

Posts of metal for power lines Poles of metal for power lines

060365

C

Gravestone slabs of metal

Grave slabs of metal

060385

Tomb slabs of metal

060385

A D

Gravestones of metal Tombstones of metal

C

Furnace fireguards

D

Chests of metal for food

A

NOTE

060385

Furnace fireguards of metal

060390

Nameplates of metal

060399

C

Taps for casks of metal

Taps of metal for casks

060402

C

Pitons of metal [mountaineering equipment]

Pitons of metal

060430

C

Arbours [structures of metal]

Arbours [structures] of metal

060436

A

Stables of metal

060437

A

Pigsties of metal

060438

A

Prefabricated houses [kits] of metal

060439

A

Trays of metal*

060440

A

Street gutters of metal

060441

A

Screw tops of metal for bottles

060442

A

Window openers, non-​electric

060443

A

Window closers, non-​electric

060444

Identity plates of metal remains in BN.

356

356

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

A

Wall tiles of metal

060445

A

Paving slabs of metal

060446

A

Slabs of metal for building

060447

A

Step stools of metal

060448

A

Roofing of metal, incorporating solar cells

060449

A

Armoured doors of metal

060450

A

Armored doors of metal

060450

A

Bathtub grab bars of metal

060451

A

Dispensers for dog waste bags, fixed, of metal

060452

A

Metal in foil or powder form for 3D printers

060453

A

Sash fasteners of metal for windows

060454

A

Door fasteners of metal

060455

A

Pantiles of metal

060456

A

Balustrades of metal

060457

A

Cladding of metal for building

060458

A

Hot-​rolled steel bars

060459

A

Bright-​steel bars

060460

A

Peeled metal bars

060461

A

Drawn and polished metal bars

060462

A

Bag hangers of metal

060463

A

Brackets of metal for furniture

060464

A

Labels of metal

060465

A

Jerrycans of metal

060466

A

Stakes of metal for plants or trees

060467

A

Flagpoles of metal

060468

NOTE

 357

Appendix

357

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

A

Clips of metal for sealing bags

060469

A

Shoe pegs of metal

060470

A

Shoe dowels of metal

060471

Safes, electronic

060472

A D

Goods of common metal not included in other classes

C

Metals in foil and powder form for painters, decorators, printers and artists (Cl. 2)

A

NOTE

CLASS HEADING

Metals in foil and powder form for painting, decorating, printing and art (Cl. 2)

EXPLANATORY NOTE—​ EXCLUSION

Certain goods made of common metals that are classified according to their function or purpose (consult the Alphabetical List of Goods)

EXPLANATORY NOTE—​ EXCLUSION

C&T

Broom handles of metal

Broom handles

Transferred to Class 21—see text for further explanation.

C&T

Tool handles of metal

Handles for hand-​ operated hand tools

Transferred to Class 8—see text for further explanation.

C&T

Knife handles of metal

Knife handles

Transferred to Class 8—see text for further explanation.

C&T

Scythe handles of metal

Scythe handles

Transferred to Class 8—see text for further explanation.

C

Common metals and their alloys

Common metals and their alloys, ores

CLASS HEADING

C

Metal building materials

Metal materials for building and construction

CLASS HEADING

D

Materials of metal for railway tracks

CLASS HEADING

358

358

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

C

Ironmongery, small items of metal hardware

Small items of metal hardware

D

Pipes and tubes of metal

A

BASIC NO.

NOTE CLASS HEADING CLASS HEADING

Metal containers for storage or transport

CLASS HEADING

D

Ores

CLASS HEADING

C

Class 6 includes mainly unwrought and partly wrought common metals, including ores, as well as simple products made of them

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

EXPLANATORY NOTE

C

Bauxite (Cl. 1)

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)

EXPLANATORY NOTE—​ EXCLUSION

D

Mercury, antimony, alkaline and alkaline-earth metals (Cl. 1)

EXPLANATORY NOTE—​ EXCLUSION

A

Electric cables (Cl. 9) and non-​electric cables and ropes, not of metal (Cl. 22)

EXPLANATORY NOTE—​ EXCLUSION

A

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)

EXPLANATORY NOTE—​ EXCLUSION

A

Cages for household pets (Cl. 21)

EXPLANATORY NOTE—​ EXCLUSION

 359

Appendix

359

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

C

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)

EXPLANATORY NOTE—​ EXCLUSION

A

Metals in foil or powder form for further processing, for example, for 3D printers

EXPLANATORY NOTE—​ INCLUSION

A

Metal building materials, for example, materials of metal for railway tracks, pipes and tubes of metal

EXPLANATORY NOTE—​ INCLUSION

A

Small items of metal hardware, for example, bolts, screws, nails, furniture casters, window fasteners

EXPLANATORY NOTE—​ INCLUSION

A

Transportable buildings or structures of metal, for example, prefabricated houses, swimming pools, cages for wild animals, skating rinks

EXPLANATORY NOTE—​ INCLUSION

A

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

EXPLANATORY NOTE—​ INCLUSION

Certain goods made of common metals that are classified according to their function or purpose (consult the Alphabetical List of Goods)

BASIC NO.

NOTE

360

360

International Trademark Classification

CLASS 7 CHANGES A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

C

Road sweeping machines [self-​propelled]

Road sweeping machines, self-​propelled

070034

C

Aerated beveragemaking machines

Apparatus for aerating beverages

070056

C

Coalcutting machines

Coal-​cutting machines

070094

C

Machine boiler scale collectors

Scale collectors for machine boilers

070110

C

Condensers [steam] [parts of machines]

Steam condensers [parts of machines]

070115

C

Aerated water making apparatus

Apparatus for aerating water

070163

C

Mineral water making machines

Machines for the production of mineral water

070164

C

Grinders/​crushers, electric, for household purposes

Crushers for kitchen use, electric

070256

D

Domestic crushers/​ grinders, electric

070256

D

Crushing machines rammers [machines]

070263

STET

Grinding machines

C

Machines for making edible pastes

Machines for making pasta

070296

C

Stone working machines

Stone-​working machines

070301

Road building machines

070340

A

070263

C

Sausage machines

Sausage making machines

070346

C

Sugar making machines

Machines for the production of sugar

070356

D

Heel-making machines

C

Brushes, electrically operated

Brushes, electrically operated [parts of machines]

070413

C

Hydraulic door openers and closers [parts of machines]

Door openers, hydraulic

070515

C

Pneumatic door openers and closers [parts of machines]

Door openers, pneumatic

070520

NOTE

 361

Appendix

361

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

A

Machines for processing plastics

070544

A

Window openers, electric

070545

A

Window closers, electric

070546

A

Window openers, hydraulic

070547

A

Window closers, hydraulic

070548

A

Window openers, pneumatic

070549

A

Window closers, pneumatic

070550

A

Door closers, hydraulic

070551

A

Door closers, pneumatic

070552

A

Kitchen grinders, electric

070553

A

Pneumatic jacks

070554

A

3D printers

070555

A

Sifting machines

070556

A

Engine mounts, other than for land vehicles

070557

A

Nail extractors, electric Nail pullers, electric

070558

A

Brushes for vacuum cleaners

070559

A

Ski edge sharpening tools, electric

070560

A

Crushing machines

070561

A

Rammers [machines]

070562

A

Suction nozzles for vacuum cleaners

070563

A

Pigs for cleaning pipes

070564

A

Juice extractors, electric

070565

A

Screwdrivers, electric

070566

A

Joysticks being parts of machines, other than for game machines

070567

A

Camshafts for vehicle engines

070568

A

Rubber tracks being parts of crawlers on construction machines

070569

NOTE

362

362

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

A

Rubber tracks being parts of crawlers on loading-​unloading machines and apparatus

070570

A

Rubber tracks being parts of crawlers on agricultural machines

070571

A

Rubber tracks being parts of crawlers on mining machines

070572

A

Rubber tracks being parts of crawlers on snow ploughs

070573

D

Sifters

D

Separators

D

Feedwater regulators

D

Washing machines

D

Aerators Gasifiers

NOTE

CLASS 8 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Cutter bars

Cutter bars [hand tools]

080009

C

Nail extractors

Nail extractors, hand-​operated

080023

Nail pullers, hand-​operated

080023

A C

Hand drills [hand tools]

Hand drills, hand-​operated

080028

C

Wrenches [hand tools]

Tap wrenches

080063

A

Tap wrenches

Wrenches [hand tools]

080064

D

Destructing apparatus for plant parasites

C

Plant parasite killing apparatus

080088

Apparatus for destroying plant parasites, hand-​operated

080088

NOTE

 363

Appendix

363

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

D

Drills

C

Stretchers for wire and metal bands [hand tools]

Metal band stretchers [hand tools]

080160

D

Metal band stretchers [hand tools] Wire stretchers [hand tools]

C

Mortars for pounding

Mortars for pounding [hand tools]

080163

C

Pestles for pounding

Pestles for pounding [hand tools]

080172

STET

Rammers [hand tools]

C

Screwdrivers

Screwdrivers, non-​electric

080195

C

Forks

Agricultural forks [hand tools]

080220

A

Vises

080244

A

Bench vices [hand implements]

080261

A

Non-​electric caulking guns

080262

A

Metal wire stretchers [hand tools]

080263

A

Hobby knives [scalpels]

080264

A

Air pumps, hand-​operated

080265

A

Ceramic knives

080266

A

Emery boards

080267

A

Ski edge sharpening tools, hand-​operated

080268

A

Tattoo needles

080269

A

Spatulas for use by artists

080270

A

Sculptors’ chisels

080271

A

Plastic spoons, table forks and table knives

080272

A

Baby spoons, table forks and table knives

080273

A

Scrapers for skis

080274

080160

080172

NOTE

364

364

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

T

Tool handles of metal

Handles for hand-​ operated tools

080275

Transferred from Class 6—see text for further explanation.

T

Knife handles of metal

Knife handles

080276

Transferred from Class 6—see text for further explanation.

T

Scythe handles of metal

Scythe handles

080277

Transferred from Class 6—see text for further explanation.

D

Apparatus and instruments for slaughtering butchers’ animals

D

Threaders

D

Apparatus and instruments for skinning butchers’ animals

D

Cutting bars

D

Cattle stunning appliances Cattle stunning apparatus

T&C

Ladles for wine

T

Nutcrackers

Transferred to Class 21—see text for further explanation.

T

Sugar tongs

Transferred to Class 21—see text for further explanation.

T

Needle-​t hreaders

Transferred to Class 26—see text for further explanation.

Ladles for serving wine

Transferred to Class 21—see text for further explanation.

 365

Appendix

365

CLASS 9 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Extinguishers

Fire extinguishers

090041

D

Fire extinguishing apparatus

C

Lens hoods

C

Calculating disks

D

Respirators, other than for artificial respiration

C

Eyeglass chains

D

Pince-​nez chains

A Accounting machines

D

Waling glasses

C

Eyeglass cords

D

Pince-​nez cords

A C

Compasses [measuring instruments]

D

Glass covered with an electrical conductor

D

Eyeglass cases Pince-​nez cases

A

090041

Fire extinguishing apparatus entered under 090750.

Close-​up lenses

090088

Lens hoods entered under 090723.

Circular slide rules

090101 090113

Spectacle chains

Respiratory masks, other than for artificial respiration remains in BN.

090115 090115

Eyeglass chains

D

NOTE

090115

090136

Spectacle cords

Obsolete term for magnifying glasses. Thread counters remains in BN.

090156 090156

Eyeglass cords

090156

Compasses for measuring

090200

Garments for protection against fire

090288

Added to BN entry—Clothing for protection against fire.

366

366

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Motor fire engines

Fire engines

090297

C

Fire engines

Fire pumps

090298

Eyeglasses

090331

A

C

Spectacle lenses

090334

A

Spectacle glasses

Eyeglass lenses

090334

A

Eyeglass frames

090359

NOTE

Added to BN entry— Spectacles.

Added to BN entry— Spectacle frames.

D

Pince-​nez mountings

D

Eyeglass frames

D

Eyeglasses

090397

STET

Pince-​nez

090397

D

Garments for protection against fire

C

Teeth protectors

Teeth protectors*

090414

C

X-​ray producing apparatus and installations, not for medical purposes

Apparatus and installations for the production of X-​rays, not for medical purposes

090420

C

Sulphitometers

Sulfitometers

090463

C

Remote control apparatus

Remote control apparatus*

090470

Telescopic sights for firearms

090509

Added to BN entry— Sighting telescopes for firearms.

Eyeglass cases

090567

Added to BN entry— Spectacle cases.

A

D

Word processors

D

Cases filled with dissecting instruments [microscopy]

A

Eyeglass frames added to 090359. Eyeglasses added to 090331. See note for 090288.

 367

Appendix

367

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Wafers [silicon slices]

Wafers for integrated circuits

090584

C

Mouse [data processing equipment]

Mouse [computer peripheral]

090614

C

Printers for use with computers

Printers for use with computers*

090618

C

Portable telephones

Cordless telephones

090661

C

Hands free kits for phones

Hands free kits for telephones

090688

C

Computer game programs

Computer game software

090670

A

Bags adapted for laptops

090709

A

Sleeves for laptops

090710

A

Digital photo frames

090711

A

Petri dishes

090712

A

Pitot tubes

090713

A

Stroboscopes

090714

A

Traffic cones

090715

A

Temperature indicator labels, not for medical purposes

090716

A

Computer software applications, downloadable

090717

A

Electronic book readers

090718

A

Smartphones

090719

A

Toner cartridges, unfilled, for printers and photocopiers

090720

A

Baby monitors

090721

A

Lens hoods

090723

A

Tablet computers

090724

A

Encoded key cards

090725

A

3D spectacles

090726

A

Memory cards for video game machines

090727

A

Bullet-​proof clothing

090728

NOTE

368

368 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Accelerometers

090729

A

Electrical adapters

090730

A

Life-​saving capsules for natural disasters

090731

A

Computer hardware

090732

A

Solar panels for production of electricity

090733

A

Mobile telephone Cell phones Cellular phones

090734

A

Telescopic sights for artillery

090735

A

Digital signs

090736

A

Wearable activity trackers

090737

A

Chargers for electronic cigarettes

090738

A

Connected bracelets [measuring apparatus]

090739

A

Covers for smartphones

090740

A

Cases for smartphones

090741

A

Selfie sticks [hand-​ held monopods]

090742

A

Calorimeters

090743

A

Flowmeters

090744

A

Reflective safety vests

090745

A

Electronic collars to train animals

090746

A

Joysticks for use with computers, other than for video games

090747

A

Smartglasses

090748

A

Smartwatches

090749

A

Fire extinguishing apparatus

090750

A

Protective films adapted for computer screens

090751

NOTE

 369

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

369

NEW ENTRY

BASIC NO.

A

Mouth guards for sports

090752

A

Head guards for sports 090753

A

Needles for surveying compasses

090754

A

Security tokens [encryption devices]

090755

A

Infrared detectors

090756

A

Covers for personal digital assistants

090757

A

Baby scales

090758

A

Electronic access control systems for interlocking doors

090759

A

Thermal imaging cameras

090760

A

Scales with body mass analyzers Scales with body mass analysers

090761

A

Covers for tablet computers

090762

A

Black boxes [data recorders]

090763

A

Digital weather stations

090764

A

Charging stations for electric vehicles

090765

A

Interactive touch screen terminals

090766

A

Smart rings

090767

A

Electric and electronic effects units for musical instruments

090768

A

Audio interfaces

090769

A

Equalizers [audio apparatus] Equalisers [audio apparatus]

090770

A

Subwoofers

090771

NOTE

CE decided that all “smart” jewelry is in Class 9

370

370 A/​C/​T/​D/​ STET

International Trademark Classification NEW ENTRY

BASIC NO.

A

Bathroom scales

090772

A

Thermo-h ​ ygrometers

090773

A

Biochips

090774

A

Protective films adapted for smartphones

090775

A

Virtual reality headsets

090776

A

Electronic interactive whiteboards

090777

A

Humanoid robots with artificial intelligence

090778

A

Audio mixers

090779

A

Batteries for electronic cigarettes

090780

A

Electronic key fobs being remote apparatus

090781

A

Electronic sheet music, downloadable

090782

A

T-​squares for measuring

090783

A

Squares for measuring

090784

A

Square rulers for measuring

090785

T

OLD ENTRY

Socks, electrically heated

NOTE

Transferred to Class 11—see text for further explanation.

CLASS 10 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Hearing aids for the deaf

Hearing aids

100005

D

Hygienic basins

100025

NOTE

Bed pans remains in BN.

 371

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

A A

371

NEW ENTRY

BASIC NO.

NOTE

Gurneys, wheeled

100036

Stretchers, wheeled remains in BN.

Orthopedic footwear

100051

Orthopaedic footwear

100051

C

Orthopaedic [orthopedic] footwear

D

Orthopaedic footwear [shoes] Orthopedic footwear [shoes] Orthopaedic [orthopedic] shoes

C

Instrument cases for use by surgeons and doctors

Instrument cases for use by doctors

100055

C

Cutlery [surgical]

Surgical cutlery

100065

C

Dental apparatus

Dental apparatus and instruments

100073

D

Fleams

100077

Lancets remains in BN.

D

Drop counting phials, for medical purposes

100089

Dropper bottles for medical purposes remains in BN.

C

Hematimeters

A C

Opthalmoscopes

A D

Cases fitted for use by surgeons and doctors

C

Orthopaedic [orthopedic] soles

D

Orthopaedic soles

C

Plaster bandages for orthopaedic purposes [casts (Am.)]

A

100051

Hemocytometers

100095

Haemocytometers

100095

Ophthalmoscopes

100123

Bolus guns

100127

Orthopaedic soles

100171

100171 Plaster bandages for orthopaedic purposes

100206

Plaster bandages for orthopedic purposes

100206

Balling guns remains in BN.

Orthopedic soles remains in BN.

372

372

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Surgical implants [artificial materials]

Surgical implants comprised of artificial materials

100208

A

Temperature indicator labels for medical purposes

100225

A

Walking frames for disabled persons

100226

A

Tomographs for medical purposes

100227

A

Apparatus for acne treatment

100228

A

Lice combs

100229

A

Quad canes for medical purposes

100230

A

Endoscopy cameras for medical purposes

100231

A

Heart rate monitoring apparatus

100232

A

Compression garments

100233

A

Sex toys

100234

A

Brain pacemakers

100235

A

Implantable subcutaneous drug delivery devices

100236

A

Biodegradable bone fixation implants

100237

A

Tongue depressors for medical purposes

100238

A

Nasal aspirators

100239

A

Teeth protectors for dental purposes

100240

A

Menstrual cups

100241

A

Respiratory masks for artificial respiration

100242

A

Orthodontic rubber bands

100243

A

Analyzers for bacterial identification for medical purposes Analysers for bacterial identification for medical purposes

100244

NOTE

 373

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Apparatus for DNA and RNA exams for medical purposes

100245

A

Apparatus for the regeneration of stem cells for medical purposes

100246

A

Body fat monitors

100247

A

Body composition monitors

100248

A

Toe separators for orthopedic purposes Toe separators for orthopaedic purposes

100249

T

Anti-​rheumatism bracelets

100250

Transferred from Class 5—see text for further explanation.

T

Anti-​rheumatism rings

100251

Transferred from Class 5—see text for further explanation.

T

Bracelets for medical purposes

100252

Transferred from Class 5—see text for further explanation.

C

OLD ENTRY

373

Orthopedic

NOTE

Orthopaedic articles

CLASS HEADING

A

Therapeutic and assistive devices adapted for the disabled

CLASS HEADING

A

Massage apparatus

CLASS HEADING

A

Apparatus, devices and articles for nursing infants

CLASS HEADING

A

Sexual activity apparatus, devices and articles

CLASS HEADING

374

374

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

C

Class 10 includes mainly medical apparatus, instruments and articles

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

EXPLANATORY NOTE

A

Medical dressings and absorbent sanitary articles, for example, plasters, bandages and gauze for dressings, breast-​ nursing pads, babies’ napkins and napkins for incontinents, tampons (Cl. 5)

EXPLANATORY NOTE—​ EXCLUSION

A

Surgical implants comprised of living tissue (Cl. 5)

EXPLANATORY NOTE—​ EXCLUSION

A

Tobacco-​free cigarettes for medical purposes (Cl. 5) and electronic cigarettes (Cl. 34)

EXPLANATORY NOTE—​ EXCLUSION

A

Wheelchairs and mobility scooters (Cl. 12)

EXPLANATORY NOTE—​ EXCLUSION

A

Massage tables and hospital beds (Cl. 20)

EXPLANATORY NOTE—​ EXCLUSION

D

A

Special furniture for medical use

BASIC NO.

NOTE

EXPLANATORY NOTE —​ INCLUSION Supportive bandages and special clothing for medical purposes, for example, compression garments, stockings for varices, strait jackets, orthopaedic footwear

EXPLANATORY NOTE—​ INCLUSION

 375

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

A

D

375 BASIC NO.

Articles, instruments and devices for menstruation, contraception and child birth, for example, menstrual cups, pessaries, condoms, childbirth mattresses, forceps

NOTE EXPLANATORY NOTE—​ INCLUSION

Hygienic rubber articles (consult the Alphabetical List of Goods)

EXPLANATORY NOTE—​ INCLUSION

A

Therapeutic and prosthetic articles and devices for implantation composed of artificial or synthetic materials, for example, surgical implants composed of artificial materials, artificial breasts, brain pacemakers, biodegradable bone fixation implants

EXPLANATORY NOTE—​ INCLUSION

A

Furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables

EXPLANATORY NOTE—​ INCLUSION

D

Supportive bandages

EXPLANATORY NOTE—​ INCLUSION

CLASS 11 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

D

Bath linings

C

Pocket torches, electric

NEW ENTRY

BASIC NO.

Electric torches

110051

NOTE

376

376

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Pocket searchlights

Electric flashlights

110051

C

Flare stacks for use in oil refineries

Flare stacks for use in the oil industry

110059

D

Coffee roasters

D

Fuel economisers*

A

110062

Cooking stoves

STET

Cookers

C

Cycle lights

D

Projector lamps

D

Stoves

D

Filters [parts of household or industrial installations]

C C

NOTE

Coffee roasters remains in 110066.

110108 110108

Motorcycle lights

110110

Flares

Flaming torches

110148

Ice boxes Ice chests

Cool boxes, electric Coolers, electric

110168

C

Oxhydrogen burners

Oxyhydrogen burners

110197

D

Torches for lighting Flashlights [torches]

110202

STET

Searchlights

110202

D

Water softening apparatus

110243

C

Autoclaves [electric pressure cookers]

Autoclaves, electric, for cooking

110254

C

Pressure cookers [autoclaves]

Pressure cookers, electric

110254

D

Coffee filters, electric

C

Bedwarmers

Bed warmers

110304

C

Apparatus for dehydrating foodstuff organic materials

Apparatus for dehydrating food waste

110321

Water softening apparatus and installations remains in BN.

 377

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

C

Disposable sterilization pouches

C

Refrigerating display cabinets [display cases]

NEW ENTRY

377 BASIC NO. 110324

Refrigerating display cabinets

110330

A

Heated display cabinets

110335

A

Multicookers

110336

A

Food steamers, electric

110337

A

Tortilla presses, electric

110338

A

Book sterilization apparatus

110339

A

Heat guns

110340

A

Chocolate fountains, electric

110341

A

Disinfectant apparatus for medical purposes

110342

A

Wine cellars, electric

110343

A

Fairy lights for festive decoration String lights for festive decoration

110344

T

Socks, electrically heated

110345

C

Air conditioning apparatus

A

D

Electrically heated clothing (Cl. 9)

NOTE

Transferred from Class 9.

Air-​conditioning apparatus

EXPLANATORY NOTE—​ INCLUSION

Electrically heated clothing

EXPLANATORY NOTE—​ INCLUSION EXPLANATORY NOTE—​ EXCLUSION

378

378

International Trademark Classification

CLASS 12 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Air balloons

Hot air balloons

120006

D

Cycles

C

Bicycle stands

D

Stands for bicycles, cycles [parts of bicycles, cycles]

C

Chains for bicycles, cycles

D

Cycle chains

C

Golf carts

A

120044 Bicycle kickstands

120046 120046

Bicycle chains

120061 120061

Golf carts [vehicles]

120068

Golf cars [vehicles]

120068

Bicycle handlebars

120080

C

Handle bars for bicycles, cycles

D

Bicycle handle bars Cycle handle bars

C

Bicycle tires [tyres]

Bicycle tyres

120084

C

Cycle tires [tyres]

Bicycle tires

120084

D

Tires for bicycles, cycles Tyres for bicycles, cycles

C

Gears for cycles

Gears for bicycles

120085

C

Brakes for bicycles, cycles

Bicycle brakes

120086

D

Cycle brakes

C

Cycle mudguards

Bicycle mudguards

120087

C

Rims for wheels of bicycles, cycles

Rims for bicycle wheels

120088

C

Bicycle rims

Bicycle wheel rims

120088

D

Cycle rims

C

Cranks for cycles

120080

120084

120086

120088 Bicycle cranks

120089

NOTE

Bicycles remains in BN.

 379

Appendix

379

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Motors for cycles

Bicycle motors

120090

C

Cycle hubs

Hubs for bicycle wheels

120091

C

Pedals for cycles

Bicycle pedals

120092

C

Pumps for bicycles, cycles

Pumps for bicycle tyres

120093

C

Bicycle pumps

Pumps for bicycle tires

120093

D

Cycle pumps

C

Spokes for bicycles, cycles

Spokes for bicycle wheels

120094

C

Bicycle spokes

Bicycle wheel spokes

120094

D

Cycle spokes

C

Wheels for bicycles

D

Cycle saddles

C

Cycle stands

Motorcycle kickstands

120097

C

Dress guards for bicycles, cycles

Dress guards for bicycles

120122

D

Traction engines

C

Spikes for tires [tyres]

Spikes for tyres

120155

C

Studs for tires [tyres]

Spikes for tires

120155

C

Pneumatic tires [tyres]

Pneumatic tyres

120157

C

Tires solid for vehicle wheels

Pneumatic tires

120157

D

Tyres, solid, for vehicle wheels

120157

D

Vehicle wheel tires [tyres]

120158

D

Baby carriages

120163

D

Prams [baby carriages]

120163

C

Covers for baby carriages

NOTE

120093

120094 Bicycle wheels

120095 120096

Pushchair covers

120164

Bicycle saddles remains in BN.

Pushchairs and strollers remain in BN.

380

380

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Stroller covers [pushchairs]

Stroller covers

120164

D

Pushchair covers Fitted perambulator covers

C

Hoods for baby carriages

Stroller hoods

120165

C

Saddles for bicycles, cycles or motorcycles

Motorcycle saddles

120175

A

Oarlocks

120182

Rowlocks remains in BN.

A

Automobiles

120199

Motor cars and cars remain in BN.

D

Automobiles

C

Inner tubes for bicycles, cycles

A

120164

Inner tubes for bicycle tyres

120214

Inner tubes for bicycle tires

120214

Bicycle frames

120221

Frames for bicycles, cycles

D

Bicycle frames Cycle frames

C

Saddle covers for bicycles or motorcycles

Saddle covers for bicycles

120232

C

Tubeless tires [tyres] for bicycles, cycles

Tubeless tyres for bicycles

120234

Tubeless tires for bicycles

120234

D

Elevating tail gates, power tailgates (Am.) [parts of land vehicles]

C

Baskets adapted for cycles

Pushchair hoods remains in BN.

120205

C

A

NOTE

120221

120243

Baskets adapted for bicycles

120248

Tailboard lifts [parts of land vehicles], Elevating tailgates (Am.) [parts of land vehicles], Power tailgates (Am.) [parts of land vehicles] remain in BN.

 381

Appendix

381

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Panniers adapted for bicycles

Panniers adapted for bicycles

120254

C

Scooters [vehicles]

Push scooters [vehicles]

120258

A

Brake discs for vehicles

120267

A

Saddlebags adapted for bicycles

120268

A

Bicycle bells

120269

A

Armoured vehicles Armored vehicles

120271

A

Engine mounts for vehicles

120272

A

Military drones

120273

A

Canoes

120274

A

Civilian drones

120275

A

Side view mirrors for vehicles

120276

A

Fitted pushchair mosquito nets Fitted stroller mosquito nets

120277

A

Vehicle joysticks

120278

A

Driverless cars [autonomous cars]

120279

A

Motor scooters

120280

A

Mobility scooters

120281

A

Ashtrays for automobiles

120282

A

Motorcycle chains

120283

A

Motorcycle frames

120284

A

Motorcycle handlebars

120285

A

Motorcycle engines

120286

A

Panniers adapted for motorcycles

120287

A

Solid tyres for vehicle wheels Solid tires for vehicle wheels

120288

A

Prams Baby carriages

120289

NOTE

382

382 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Fitted footmuffs for prams Fitted footmuffs for baby carriages

120290

A

Fitted footmuffs for pushchairs Fitted footmuffs for strollers

120291

A

Tyre mousse inserts Tire mousse inserts

120292

A

Bags adapted for strollers Bags adapted for pushchairs

120293

A

Remotely operated vehicles for underwater inspections

120294

A

Autonomous underwater vehicles for seabed inspections

120295

A

Bellows for articulated buses

120296

A

Electric bicycles

120297

A

Saddle covers for motorcycles

120298

Motor racing cars

120299

A D

Bells for bicycles, cycles Bicycle bells Cycle bells Audible warning system for cycles

D

Cycle cars

A

Certain special vehicles not for transportation purposes (consult the Alphabetical List of Goods)

NOTE

EXPLANATORY NOTE—​ EXCLUSION

 383

Appendix

383

CLASS 13 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

D

Nitrate of ammonia explosives

130005

Ammonium nitrate explosives remains in BN.

D

Firearm sights

C

Signal rockets

Signal rocket flares

130035

C

Sights, other than telescopic sights, for guns [artillery]

Sights, other than telescopic sights, for artillery

130065

C

Torpedos

Torpedoes

130076

Flare pistols

130079

130011

A

CLASS 14 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Clock hands [clock and watchmaking]

Clock hands

140002

C

Amulets [jewellery, jewelry (Am.)]

Amulets [jewellery] Amulets [jewelry]

140006

C

Silver thread

Silver thread [jewellery, jewelry (Am.)]

140009

C

Silver thread [jewellery, jewelry (Am.)]

Silver thread [jewellery] Silver thread [jewelry]

140009

C

Bracelets [jewellery, jewelry (Am.)]

Bracelets [jewellery] Bracelets [jewelry]

140015

D

Trinkets [jewellery, jewelry (Am.)]

C

Charms [jewellery, jewelry (Am.)]

140018 Jewellery charms

140018

A

Jewelry charms

140018

A

Charms for jewelry

140018

NOTE

384

384 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

A

NEW ENTRY

BASIC NO.

Charms for jewellery

140018

C

Brooches [jewellery, jewelry (Am.)]

Brooches [jewellery] Brooches [jewelry]

140019

C

Chains [jewellery, jewelry (Am.)]

Chains [jewellery] Chains [jewelry]

140024

C

Chronometrical instruments

Chronometric instruments

140030

C

Necklaces [jewellery, jewelry (Am.)]

Necklaces [jewellery] Necklaces [jewelry]

140031

D

Cases for clock and watchmaking

C

Wires of precious metal [jewellery, jewelry (Am.)] Threads of precious metal [jewellery, jewelry (Am.)]

Wires of precious metal [jewellery] Wires of precious metal [jewelry] Threads of precious metal [jewelry] Threads of precious metal [jewellery]

140040

C

Ivory [jewellery, jewelry (Am.)]

Ivory jewellery

140046

A

140039

Ivory jewelry

140046

C

Medallions [jewellery, jewelry (Am.)]

Lockets [jewellery, jewelry (Am.)]

140051

C

Lockets [jewellery, jewelry (Am.)]

Lockets [jewellery] Lockets [jewelry]

140051

Peridot

140062

Gold thread [jewellery] Gold thread [jewelry]

140064

A C

Gold thread [jewellery, jewelry (Am.)]

D

Ornaments [jewellery, jewelry (Am.)]

NOTE

140068

This entry was accepted at a CE meeting but was then changed, to be presented as separate entries for the British and US spellings of jewellery/​ jewelry, at a later meeting.

Olivine [gems] remains in BN.

 385

Appendix

385

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Pearls [jewellery, jewelry (Am.)]

Pearls [jewellery] Pearls [jewelry]

140070

C

Paste jewellery [costume jewelry (Am.)] Paste jewelry [costume jewelry]

Paste jewellery Paste jewelry [costume jewelry]

140097

C

Rings [jewellery, jewelry (Am.)]

Rings [jewellery] Rings [jewelry]

140107

C

Hat ornaments of precious metal

Hat jewellery

140117

Hat jewelry

140117

Shoe jewellery

140119

Shoe jewelry

140119

A C

Shoe ornaments of precious metal

A C

Watch cases

Watch cases [parts of watches]

140144

C

Cases for watches [presentation]

Presentation boxes for watches

140145

C

Pins [jewellery, jewelry (Am.)]

Pins [jewellery] Pins [jewelry]

140150

C

Key rings [trinkets or fobs] Key chains [trinkets or fobs]

Key rings [split rings with trinket or decorative fob] Key chains [split rings with trinket or decorative fob]

140162

C

Cloisonne jewellery [jewelry (Am.)]

Cloisonne jewellery Cloisonne jewelry

140165

C

Jewellery cases [caskets or boxes] Jewelry cases [caskets or boxes]

Jewellery boxes Jewelry boxes

140166

A

Beads for making jewellery

140167

A

Clasps for jewellery Clasps for jewelry

140168

A

Jewellery findings Jewellry findings

140169

A

Jewellry rolls Jewelry rolls

140170

A

Cabochons

140171

NOTE

Beads for making jewelry currently in this BN.

386

386 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Split rings of precious metal for keys

140172

A

Presentation boxes for jewellery Presentation boxes for jewellery

140173

A

Watch hands

140174

A

Misbaha [prayer beads]

140175

A

Bracelets made of embroidered textile [jewelry] Bracelets made of embroidered textile [jewellery]

140176

A

Charms for key rings Charms for key chains

140177

T

Chaplets Rosaries

140178

NOTE

Transferred from Class 16—see text for further explanation.

C

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes

Precious metals and their alloys

CLASS HEADING

C

Jewellery, precious stones

Jewellery, precious and semi-​precious stones

CLASS HEADING

C

Class 14 includes mainy precious metals, goods in precious metals not included in other classes and, in general jewellery, clocks and watches

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

EXPLANATORY NOTE

Smartwatches

EXPLANATORY NOTE—​ EXCLUSIONS

A

 387

Appendix

387

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

C

Charms, other than for jewellery

Charms, other than for jewellery, key chains or key rings (Cl. 26)

EXPLANATORY NOTE—​ EXCLUSIONS

C

Certain goods in precious metals classified according to their function or purpose (consult the Alphabetical List of Goods), for example, metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2), 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)

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)

EXPLANATORY NOTE—​ EXCLUSIONS

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, terra-​cotta or glass (Cl. 21)

EXPLANATORY NOTE—​ EXCLUSIONS

A

D

Objects of art not of precious metals (classified according to the material of which they consist)

BASIC NO.

NOTE

EXPLANATORY NOTE—​ EXCLUSIONS

388

388

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C

Jewellery (imitation jewellery and jewellery of precious metal and stones)

Jewellery, including imitation jewellery, for example, paste jewellery

EXPLANATORY NOTE—​ INCUSIONS

C

Cufflinks, tie pins

Cufflinks, tie pins, tie clips

EXPLANATORY NOTE—​ INCUSIONS

A

Key rings, key chains and charms therefor

EXPLANATORY NOTE—​ INCUSIONS

A

Jewellery charms

EXPLANATORY NOTE—​ INCUSIONS

A

Jewellery boxes

EXPLANATORY NOTE—​ INCUSIONS

A

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

EXPLANATORY NOTE—​ INCUSIONS

CLASS 15 CHANGES

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

A

Balalaikas [stringed musical instruments]

150090

A

Banjos

150091

A

Melodicas

150092

A

Colophony for stringed musical instruments Rosin for stringed musical instruments

150093

NOTE

 389

Appendix

389

CLASS 16 CHANGES

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

C

Square rulers

Square rulers for drawing

160069

C

Patterns for dressmaking

Sewing patterns

160212

D

Patterns for making clothes

D

Bookbindings

C

Writing pads

D

Writing tablets

160255

D

Napkins of paper for removing make-​up

160294

C

Drawing squares

Squares for drawing

160297

C

Drawing T-​squares

T-​squares for drawing

160298

C

Labels, not of textile

Labels of paper or cardboard

160308

A

Page holders

160362

A

Polymer modelling clay

160363

A

Obliterating stamps

160364

A

Packing [cushioning, stuffing] materials of paper or cardboard

160365

A

Stuffing of paper or cardboard

160366

A

Banknotes

160367

A

Spray chalk

160368

A

Printed coupons

160369

A

Rice paper*

160370

A

Plastic bags for pet waste disposal

160371

A

Washi

160372

A

Table runners of paper

160373

A

Printed sheet music

160374

A

Banners of paper

160375

A

Bunting of paper

160376

NOTE

160213

Desk mats

160255 Tissues of paper for removing make-up remains in BN.

390

390

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

NOTE

D

Cardboard articles

T

Chaplets Rosaries

C

Stationery

Stationery and office requisites, except furniture

CLASS HEADING

C

Artists materials

Artists’ and drawing materials

CLASS HEADING

D

Typewriters and office requisites (except furniture)

C

Instructional and teaching material (except apparatus)

Instructional and teaching materials

CLASS HEADING

C

Plastic materials for packaging (not included in other classes)

Plastic sheets, films and bags for wrapping and packaging

CLASS HEADING

D

Printers’ type

C

Printing blocks

Printers’ type, printing blocks

CLASS HEADING

C

Class 16 includes mainly paper, goods made from that material and office requisites

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

EXPLANATORY NOTE

D

Certain goods made of paper and cardboard that are classified according to their function or purpose (consult the Alphabetical List of Goods)

A

Transferred to Class 14—see text for further explanation.

CLASS HEADING

CLASS HEADING

EXPLANATORY NOTE—​ EXCLUSIONS

Teaching apparatus, for example, audiovisual teaching apparatus, resuscitation mannequins (Cl. 9), and toy models (Cl. 28)

EXPLANATORY NOTE—​ EXCLUSIONS

 391

Appendix

391

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

A

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)

EXPLANATORY NOTE—​ EXCLUSIONS

Paper knives and paper cutters

EXPLANATORY NOTE—​ INCLUSIONS

Cases, covers and devices for holding or securing paper, for example, document files, money clips, holders for cheque books, paper-​clips, passport holders, scrapbooks

EXPLANATORY NOTE—​ INCLUSIONS

Certain office machines, for example, typewriters, duplicators, franking machines for office use, pencil sharpeners

EXPLANATORY NOTE—​ INCLUSIONS

A

Painting articles for use by artists and interior and exterior painters, for example, artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays

EXPLANATORY NOTE—​ INCLUSIONS

A

Certain disposable paper products, for example, bibs, handkerchiefs and table linen of paper

EXPLANATORY NOTE—​ INCLUSIONS

C

Paper knives

A

C

Duplicators

BASIC NO.

NOTE

392

392

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

A

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 or papier mâché, framed or unframed lithographs, paintings and watercolours

D

BASIC NO.

NOTE EXPLANATORY NOTE—​ INCLUSIONS

Plastic sheets, sacks and bags for wrapping and packaging

EXPLANATORY NOTE—​ INCLUSIONS

CLASS 17 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Bands of rubber for unscrewing jar lids

Rubber seals for jars

170012

D

Gum, raw or partly processed

C

Flexible tubes, not of metal

D

Asbestos soles

C

Foil of regenerated cellulose, other than for packing Sheets of reclaimed cellulose, other than for packing

D

Viscose sheets, other than for packing

170017

Flexible hoses, not of metal

170022

Foil of regenerated cellulose, other than for wrapping Sheets of regenerated cellulose other than for wrapping

170053

170083

NOTE

Rubber, raw or semi-​worked remains in BN.

Viscose sheets, other than for wrapping remains in BN.

 393

Appendix

393

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Compressed air pipe fittings, not of metal

Fittings, not of metal, for compressed air lines

170086

C

Insulating tape and band Insulating tape

Insulating bands Insulating tapes

170107

A

Gum, raw or semi-​worked

170117

A

Duct tapes

170118

A

Door stops of rubber

170119

A

Window stops of rubber

170120

A

Fittings, not of metal, for flexible pipes

170121

A

Fittings, not of metal for rigid pipes

170122

NOTE

C

Plastics in extruded form for use in manufacture

Plastics and resins in extruded form for use in manufacture

CLASS HEADING

C

Flexible pipes not of metal

Flexible pipes, tubes and hoses, not of metal

CLASS HEADING

C

Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics being for use in manufacture in the form of sheets, blocks and rods and goods made of the materials in the class

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

EXPLANATORY NOTE

A

Fire hose (Cl. 9)

EXPLANATORY NOTE—​ EXCLUSIONS

A

Pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and not of metal (Cl. 19)

EXPLANATORY NOTE—​ EXCLUSIONS

394

394 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

A

C

Certain goods made of the materials in this class that are classified according to their function or purpose (consult the Alphabetical List of Goods)

D

Padding and stuffing materials of rubber or plastics

NEW ENTRY

BASIC NO.

NOTE

Insulating glass for building (Cl. 19)

EXPLANATORY NOTE—​ EXCLUSIONS

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)

EXPLANATORY NOTE—​ EXCLUSIONS

EXPLANATORY NOTE—​ INCLUSIONS

A

Adhesive tapes, other than stationery and not for medical or household use

EXPLANATORY NOTE—​ INCLUSIONS

A

Plastic films, other than for wrapping and packaging, for example, anti-​dazzle films for windows

EXPLANATORY NOTE—​ INCLUSIONS

A

Elastic threads and threads of rubber or plastic, not for textile use

EXPLANATORY NOTE—​ INCLUSIONS

A

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

EXPLANATORY NOTE—​ INCLUSIONS

 395

Appendix

395

CLASS 18 CHANGES A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

BASIC NO.

NOTE

C

Collars for animals

Collars for animals*

180030

D

Coverings of skins [furs]

C

Tool bags of leather, empty

Tool bags, empty

180047

C

Bands of leather

Girths of leather

180080

C

Valises

Suitcases

180085 Aligns with French wording.

C

Boxes of leather or leather board

Boxes of leather or leatherboard

180089

C

Cases, of leather or leatherboard

Cases of leather or leatherboard

180091

D

Bandoliers

180096

C

Covers for horse-saddles Covers for horse saddles

180097

D

Saddle cloths for horses

180097

C

Suitcases

180037

Valises

180115

A

Bags*

180124

A

Credit card cases [wallets]

180125

A

Business card cases

180126

A

Randsels [Japanese school satchels]

180127

A

Luggage tags

180128

A

Saddlecloths for horses

180129

A

Labels of leather

180130

A

Grips for holding shopping 180131 bags

A

Tefillin [phylacteries]

180132

A

Suitcases with wheels

180133

A

Saddlebags*

180134

A

Clothing for pets

180135

T

Reins for guiding children

180136 Transferred from Class 26—see text for further explanation.

C&T

Gut for making sausages Sausage casings, natural or artificial

Transferred to Class 29—see text for further explanation.

C

Animal skins, hides

CLASS HEADING

Animal skins and hides

396

396

International Trademark Classification

A/​C/​T/​D/​ OLD ENTRY STET

NEW ENTRY

C

Luggage and carrying bags

CLASS HEADING

Collars, leashes and clothing for animals

CLASS HEADING

Trunks and travelling bags

A

BASIC NO.

NOTE

C

Class 18 includes mainly leather, imitations of leather, goods made of those materials, travel goods and saddlery

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

EXPLANATORY NOTE

C

Clothing, footwear, headgear (consult the Alphabetical List of Goods)

Clothing, footwear and headgear of leather for humans (Cl. 25)

EXPLANATORY NOTE—​ EXCLUSION

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)

EXPLANATORY NOTE—​ EXCLUSION

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)

EXPLANATORY NOTE—​ EXCLUSION

A

Luggage and carrying bags, for example, suitcases, trunks, travelling bags, sling bags for carrying infants, school bags;

EXPLANATORY NOTE—​ INCLUSION

A

Business card cases and pocket wallets

EXPLANATORY NOTE—​ INCLUSION

A

Boxes and cases of leather or leatherboard

EXPLANATORY NOTE—​ INCLUSION

A

C

Certain goods made of leather, imitations of leather, animal skins and hides, that are classified according to their function or purpose (consult the Alphabetical List of Goods)

 397

Appendix

397

CLASS 19 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Balustrading

Balustrades, not of metal

190016

C

Floor boards

Wood panelling

190035

C

Building cardboard [asphalted]

Bitumen paper for building

190046

C

Mantlepieces

Fireplace mantles, not of metal

190049

C

Rock quartz

Quartz

190073

D

Quartz

C

Posts, not of metal, for electric power lines Poles, not of metal, for electric power lines

Posts, not of metal, for power lines Poles, not of metal, for power lines

190079

C

Pigsties

Pigsties, not of metal

190084

C

Stables

Stables, not of metal

190085

C

Gravestone slabs, not of metal

Grave slabs, not of metal

190088

C

Tombstone plaques, not of metal

Tomb slabs, not of metal

190088

C

Sandstone tubes

Sandstone pipes

190101

C

Blinds [outdoor], not of metal and not of textile

Outdoor blinds, not of metal and not of textile

190107

C

Corks [compressed]

Agglomerated cork for building

190111

C

Luminous paving

Luminous paving blocks

190115

D

Lighting slabs

C

Porches, not of metal, for building

Porches [structures], not of metal

190123

C

Skating rinks [structures, not of metal]

Skating rinks [structures], not of metal

190139

C

Planks [wood for building]

Planks of wood for building

190149

190073

190115

NOTE

398

398

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

D

Cladding, not of metal, for building Coverings, not of metal, for building Facings, not of metal, for building Surfacings, not of metal, for building

C

Tiles, not of metal

D

Pantiles

C

Signs, non-​ luminous and non-​mechanical, not of metal, for roads

Road signs, non-​luminous and non-​mechanical, not of metal

190164

C

Arbours [structures not of metal]

Arbours [structures], not of metal

190175

C

Rigid pipes, not of metal [building]

Rigid pipes, not of metal, for building

190178

C

Insulating glass, building

Insulating glass for building

190180

C

Window glass, except glass for vehicle windows

Window glass, other than for vehicle windows

190181

C

Aviaries, not of metal [structures]

Aviaries [structures], not of metal

190184

C

Bird baths [structures, not of metal]

Bird baths [structures], not of metal

190194

C

Swimming pools [structures, not of metal]

Swimming pools [structures], not of metal

190196

D

Wall tiles, not of metal, for building

190213

Tiles, not of metal, for building remains in BN.

D

Tile floorings, not of metal

190214

Floor tiles, not of metal remains in BN.

C

Vaults, not of metal [burial]

Roofing tiles, not of metal

BASIC NO.

NOTE

190150

Linings, not of metal, for building remains in BN.

190151 190151

Burial vaults, not of metal

190215

 399

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

D

Slabs, not of metal

C

Prefabricated houses [kits]

NEW ENTRY

399 BASIC NO.

NOTE

190219

Paving slabs, not of metal remains in BN.

Prefabricated houses [kits], not of metal

190243

A

Turnstiles, not of metal

190246

A

Tombstone plaques, not of metal

190247

A

Wooden floor boards

190248

A

Tile floorings, not of metal

190249

A

Pantiles, not of metal

190250

A

Wall tiles, not of metal

190251

A

Slabs, not of metal, for building

190252

A

Rock crystal

190253

A

Armoured doors, not of metal Armored doors, not of metal

190254

A

Enamelled glass, for building

190255

A

Pillars, not of metal, for building

190256

A

Brackets, not of metal, for building

190257

A

Cladding, not of metal, for building

190258

A

Plastic landscape edgings

190259

A

Rubber bearings for seismic insulation of buildings

190260

A

Armour-​plating, not of metal Armor-​plating, not of metal

190261

Flagpoles not of metal

190262

C&T

Flagpoles

Transferred from Cl. 20— see text for further explanation.

400

400

International Trademark Classification

CLASS 20 CHANGES A/​C/​T/​ D/​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

D

Foundations for beehives Comb foundations for beehives

C

Cable or pipe clips of plastics Pipe or cable clips of plastics Cable and pipe clips of plastics

D

Cots

C

Basinettes

D

Artificial honeycombs Waxcombs for beehinves

C

Taps for casks, not of metal

Taps, not of metal, for casks

200042

C

Tortoiseshell imitation

Imitation tortoise shell

200045

C

Fireguards

Screens for fireplaces [furniture]

200046

D

Fire screens, domestic

C

Easy chairs

NOTE

200004

Clips, not of metal, for cables and pipes

200016

200023 Basinets

200023 200039

Comb foundations for beehives remains in BN.

200046 Chaise lounges

200051

A

Chaise longues

200051

A

Clothes hangers

200059

Shelves for file cabinets

200062

C

Shelves for filing cabinets [furniture]

D

Cork bands

D

Knife handles, not of metal

C

Draughtsman’s tables

Drafting tables

200083

C

Stakes for plants or trees

Stakes, not of metal, for plants or trees

200091

C

Boarding stairs, not of metal, mobile, for passengers

Mobile boarding stairs, not of metal, for passengers

200093

D

Scythe handles, not of metal

C

Meat chests, not of metal

Meat safes

200122

D

Tool handles, not of metal

200073

200142

Coat hangers currently in this BN.

 401

Appendix

401

A/​C/​T/​ D/​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Hampers [baskets]

Hampers [baskets] for the transport of items

200143

C

Spring mattresses

Bed bases

200185

D

Broom handles, not of metal

C

Vice benches, not of metal

Vice benches [furniture]

200209

C

Identification bracelets, not of metal, for hospitals Identification bracelets, not of metal, for hospital purposes

Identification bracelets, not of metal

200221

C

Cable clips, not of metal Binding screws, not of metal, for cables

Binding screws, not of metal, for cables

200224

D

Bins of wood or plastic Cases of wood or plastic Boxes of wood or plastic

T&C

Sleeping bags for camping

D

Footstools

C

Plastic key cards, not encoded

Plastic key cards, not encoded and not magnetic

200260

C

Towel closets [furniture]

Towel stands [furniture]

200276

C

Wall-​mounted diaper [napkin] changing platforms Baby changing platforms

Wall-​mounted baby changing platforms

200278

A

Door bells not of metal, non-​electric

200283

A

Freestanding partitions [furniture]

200284

A

Screw tops, not of metal, for bottles

200285

A

Door knockers, not of metal

200286

A

Saw benches [furniture]

200287

Sleeping bags

NOTE

Transferred to Cl. 24—see text for further explanation. 200235

Stools remains in BN.

402

402 A/​C/​T/​ D/​STET

International Trademark Classification NEW ENTRY

BASIC NO.

A

Inflatable furniture

200288

A

Step stools, not of metal

200289

A

Bathtub grab bars, not of metal

200290

A

Collars, not of metal, for fastening pipes

200291

A

Jewellery organizer displays Jewelry organizer displays

200292

A

Sleeping pads Sleeping mats

200293

A

Rings, not of metal, for keys

200294

Split rings, not of metal, for keys

200294

A

Dispensers for dog waste bags, fixed, not of metal

200295

A

Door stops, not of metal or rubber

200296

A

Window stops, not of metal or rubber

200297

A

Sash fasteners, not of metal, for windows

200298

A

Window fasteners, not of metal

200299

A

Door fasteners, not of metal

200300

A

Tool boxes, not of metal, empty

200301

A

Tool chests, not of metal, empty

200302

A

Shelving units

200303

A

Bag hangers, not of metal

200304

A

Plastic keys

200305

A

Brackets, not of metal, for furniture

200306

A

Labels of plastic

200307

C

OLD ENTRY

Rings, not of metal, for keys

NOTE

Accepted at a CE meeting but changed at a later CE meeting—see next item.

 403

Appendix A/​C/​T/​ D/​STET

NEW ENTRY

BASIC NO.

A

Console tables

200308

A

Bookcases

200309

A

Valet stands

200310

A

Jerrycans, not of metal

200311

A

Birdhouses

200312

A

Clips of plastic for sealing bags

200313

A

Bumper guards for cots, other than bed linen Bumper guards for cribs, other than bed linen

200314

A

Boxes of wood or plastic

200315

A

Cots for babies Cribs for babies

200316

A

Moses baskets

200317

A

Legs for furniture

200318

A

Feet for furniture

200319

A

Wardrobes

200320

A

Footstools

200321

A

Shoe pegs, not of metal

200322

A

Shoe dowels, not of metal

200323

C&T

OLD ENTRY

403

Flagpoles

A

NOTE

Flagpoles, not of metal

Transferred to Cl. 19—see text for further explanation.

Containers, not of metal, for storage or transport

CLASS HEADING

D

Ivory

CLASS HEADING

C

Metal furniture and furniture for camping

Metal furniture, furniture for camping, gun racks, newspaper display stands; indoor window blinds and shades

EXPLANATORY NOTE—​ INCLUSION

C

Bedding (for example, mattresses, spring mattresses, pillows)

Bedding, for example, mattresses, spring mattresses, pillows

EXPLANATORY NOTE—​ INCLUSION

404

404

International Trademark Classification

A/​C/​T/​ D/​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C

Registration number plates, not of metal

Registration plates, not of metal

EXPLANATORY NOTE—​ INCLUSION

A

Small items of non-​ metallic hardware, for example, bolts, screws, dowels, furniture casters, collars for fastening pipes

EXPLANATORY NOTE—​ INCLUSION

A

Special furniture for laboratories (Cl. 9) or for medical use (Cl. 10)

EXPLNATORY NOTE—​ EXCLUSION

A

Outdoor blinds of metal (Cl. 6), not of metal and not of textile (Cl. 19), of textile (Cl. 22)

EXPLNATORY NOTE—​ EXCLUSION

A

Bed linen, eiderdowns and sleeping bags (Cl. 24)

EXPLNATORY NOTE—​ EXCLUSION

C

Certain mirrors classified according to their function or purpose (consult the Alphabetical List of Goods)

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)

EXPLNATORY NOTE—​ EXCLUSION

C

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 (consult the Alphabetical List of Goods)

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)

EXPLNATORY NOTE—​ EXCLUSION

 405

Appendix

405

A/​C/​T/​ D/​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

D

Special furniture for laboratories (Cl. 9)

EXPLNATORY NOTE—​ EXCLUSION

D

Special furniture for medical use (Cl 10)

EXPLNATORY NOTE—​ EXCLUSION

D

Bed linen (Cl. 24)

EXPLNATORY NOTE—​ EXCLUSION

D

Eiderdowns (Cl. 24)

EXPLNATORY NOTE—​ EXCLUSION

CLASS 21 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

D

Carpet beaters, not being machines

210008

Carpet beaters [hand instruments] remains in BN.

C

Nozzles for sprinkler hoses

Nozzles for watering hose

210012

C

Heat insulated containers for beverages

Heat-​insulated containers for beverages

210035

C

Boxes of metal, for dispensing paper towels

Boxes for dispensing paper towels

210036

D

Metal boxes for dispensing paper towels

C

Corkscrews

Corkscrews, electric or non-​electric

210043

C

Bottle openers

Bottle openers, electric or non-​electric

210048

D

Fly catchers [traps or whisks]

210069

Flyswatters remains in BN.

D

Shoe brushes

210071

Brushes for footwear remains in BN.

C

Combs

210036

Combs*

210076

406

406

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Mixers, manual [cocktail shakers]

Cocktail shakers

210082

D

Shakers

C

Glass [receptacles]

Glasses [receptacles]

210085

C

Siphons for carbonated water

Siphon bottles for carbonated water

210118

C

Enamelled glass

Enamelled glass, not for building

210119

D

Boot trees [stretchers]

C

Drying racks for washing

Drying racks for laundry

C

Drinking flasks for travellers

Drinking bottles for sports

D

Bottle gourds

C

Basting spoons, for kitchen use

Basting spoons [cooking utensils]

210156

C

Mixing machines, non-​electric, for household purposes

Kitchen grinders, non-​electric

210158

D

Domestc grinders, non-​electric Kitchen mixers, non-​electric

C

Graters [household utensils]

D

Clothes racks for drying

C

Napkin holders

Table napkin holders

210210

C

Statues of porcelain, earthenware, ceramic or glass

Statues of porcelain, ceramic, earthenware or glass

210217

D

Goblets

C

Works of art of porcelain, terra-​ cotta or glass

210120

NOTE

Shoe trees [stretchers] remains in BN.

210126

210158

Graters for kitchen use

210197

210205

210232 Works of art of porcelain, ceramic, earthenware or glass

210234

Mugs remains in BN.

 407

Appendix

407

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Autoclaves [pressure cookers], non-​electric Pressure cookers [autoclaves], non-​electric

Autoclaves, non-​electric for cooking Pressure cookers, non-​electric

210236

C

Busts of china, terra-​cotta or glass

Busts or porcelain, ceramic, earthenware or glass

210252

C

Coasters, not of paper and other than table linen

Coasters, not of paper or textile

210258

C

Non-​electric portable coldboxes Non-​electric portable coolers (Am.)

Portable cool boxes, non-​electric Portable coolers, non-​electric

210261

C

Flasks

Flasks*

210289

C

Oil cruets

Cruet sets for oil and vinegar

210292

D

Cruet stands for oil and vinegar

D

Food cooling devices containing heat exchange fluids, for household purposes

210292

A

Baking mats

210346

A

Boot trees [stretchers]

210347

A

Hip flasks

210348

A

Cosmetic spatulas

210349

A

Dripping pans

210350

A

Fly traps

210351

A

Candle jars [holders]

210352

A

Food steamers, non-​electric

210353

A

Make-​up sponges

210354

A

Crushers for kitchen use, non-​electric

210355

A

Potholders

210356

NOTE

408

408 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Oven mitts Kitchen mitts Barbecue mitts

210357

A

Basting brushes

210358

A

Bulb basters

210359

A

Car washing mitts

210360

A

Make-​up brushes

210361

A

Mop wringer buckets

210362

A

Tortilla presses, non-​electric [kitchen utensils]

210363

A

Ski wax brushes

210364

A

Eyelash brushes

210365

A

Egg separators, non-​electric, for household purposes

210366

A

Foam toe separators for use in pedicures

210367

A

Plug-​in diffusers for mosquito repellents

210368

A

Cold packs for chilling food and beverages

210369

A

Reusable ice cubes

210370

A

Tablemats, not of paper or textile

210371

A

Place mats, not of paper or textile

210372

A

Decanter tags

210373

A

Wine aerators

210374

A

Heads for electric toothbrushes

210375

A

Coin banks

210376

A

Lint removers, electric or non-​electric

210377

A

Polishing cloths

210378

NOTE

 409

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Pig bristles for brush making

210379

A

Horsehair for brush-​making

210380

A

Ice tongs

210381

A

Salad tongs

210382

A

Serving ladles

210383

A

Pestles for kitchen use

210384

A

Mortars for kitchen use

210385

A

Ice cream scoops

210386

T

Nutcrackers

210387

Transferred from Cl. 8—see text for further explanation.

T

Sugar tongs

210388

Transferred from Cl. 8—see text for further explanation.

Broom handles

210389

Transferred from Cl. 6—see text for further explanation.

Ladles for serving wine

210390

Transferred from Cl. 8—see text for further explanation.

C&T

OLD ENTRY

409

Broom handles of metal

T

NOTE

D

Strainers

Strainers for household purposes are under 210088.

C&T

Pig bristles

Pig bristles*

Transferred to Cl. 22—see text for further explanation.

C

Brushes (except paintbrushes)

Brushes, except paintbrushes

CLASS HEADING

D

Steelwool

C

Unworked or semi-​worked glass (except glass used in building)

CLASS HEADING Unworked or semi-​worked glass, except building glass

CLASS HEADING

410

410

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

C

Class 21 includes mainly small, hand-​operated utensils and apparatus for household and kitchen use, as well as toilet utensils, glassware and articles in porcelain

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

D

Certain goods made of glass, porcelain and earthenware that are classified according to their function or purpose (consult the Alphabetical List of Goods)

C

Cleaning preparations, soaps, etc. (Cl. 3)

Cleaning preparations

EXPLANATORY NOTE—​ EXCLUSION

C

Small apparatus for mincing, grinding or pressing which are driven by electricity (Cl. 7)

Small apparatus for mincing, grinding, pressing or crushing, which are driven by electricity (Cl. 7)

EXPLANATORY NOTE—​ EXCLUSION

C

Razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Cl. 8)

Razors and shaving apparatus, hair and nail clippers, metal implements for manicure and pedicure, electric and non-​electric, for example, manicure sets, emery boards, cuticle nippers (Cl. 8)

EXPLANATORY NOTE—​ EXCLUSION

Table cutlery (Cl. 8)

EXPLANATORY NOTE—​ EXCLUSION

A

BASIC NO.

NOTE EXPLANATORY NOTE

EXPLANATORY NOTE— EXCLUSION

 411

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

411 BASIC NO.

NOTE

A

Lice combs, tongue scrapers (Cl. 10)

EXPLANATORY NOTE—​ EXCLUSION

A

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 (Cl. 17), earthenware tiles (Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 22)

EXPLANATORY NOTE—​ EXCLUSION

C

Utensils and containers for household and kitchen use, for example, kitchen utensils, pails, pans of iron, of aluminium, of plastics or of other materials

Utensils and containers for household and kitchen use, for example, fly swatters, bread boards, corkscrews, cocktail shakers, piggy banks, pails, cooking pots and pans

EXPLANATORY NOTE—​ INCLUSION

C

Small hand-​ operated apparatus for mincing, grinding, or pressing

Small hand-​ operated kitchen apparatus for mincing, grinding, pressing or crushing, for example, garlic presses, nutcrackers, pestles and mortars

EXPLANATORY NOTE—​ INCLUSION

Serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles

EXPLANATORY NOTE—​ INCLUSION

A

412

412

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C

Electric combs

Combs, electric and non-​electric

EXPLANATORY NOTE—​ INCLUSION

C

Electric toothbrushes

Toothbrushes, electric and non-​electric

EXPLANATORY NOTE—​ INCLUSION

CLASS 22 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Tarred brattice cloth

Brattice cloth

220001

C

Horsehair

Horsehair*

220027

C

Padding materials, not of rubber or plastics Stuffing, not of rubber or plastics

Padding materials, not of rubber, plastics, paper or cardboard Stuffing, not of rubber, plastics, paper or cardboard

220030

C

Packing [cushioning, stuffing] materials, not of rubber or plastics

Packing [cushioning, stuffing] materials, not of rubber, plastics, paper or cardboard

220031

D

Wrapping or binding bands, not of metal

220023

Expanding bands for holding sleeves remains in BN.

D

Awnings

220071

Tents remains in BN.

D

Sea wrack

220074

Seaweed for stuffing remains in BN.

C

Bands, not of metal, for wrapping or binding

Wrapping or binding bands, not of metal

220078

C

Cords for hanging pictures, etc.

Cords for hanging pictures

220089

Purse seines

220108

A

NOTE

 413

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Net pens for fish farming

220109

A

Canvas for sails

220110

A

Outdoor blinds of textile

220111

A

Bindings, not of metal

220112

A

Animal feeding nets

220113

T

Pigs bristles*

220114

C

OLD ENTRY

413

Tents, awnings and tarpaulins

A

NOTE

Transferred from Cl. 21—see text for further explanation.

Tents and tarpaulins

CLASS HEADING

Awnings of textile or synthetic materials

CLASS HEADING

C

Sacks

Sacks for the transport and storage of materials in bulk

CLASS HEADING

C

Padding and stuffing materials (except of paper, cardboard, rubber or plastics)

Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics

CLASS HEADING

C

Raw fibrous textile materials

Raw fibrous materials and substitutes therefor

CLASS HEADING

Metal ropes (Cl. 6)

EXPLANATORY NOTE—​ EXCLUSION

A

D

A

Certain nets and bags (consult the Alphabetical List)

EXPLANATORY NOTE—​ EXCLUSION 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)

EXPLANATORY NOTE—​ EXCLUSION

414

414 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

A

BASIC NO.

NOTE

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)

EXPLANATORY NOTE—​ EXCLUSION

Cords and twines made of natural or artificial textile fibres, paper or plastics

EXPLANATORY NOTE—​ INCLUSION

A

Fishing nets, hammocks, rope ladders

EXPLANATORY NOTE—​ INCLUSION

A

Vehicle covers, not fitted

EXPLANATORY NOTE—​ INCLUSION

Certain sacks and bags not otherwise classified by function or purpose, for example, bags for washing hosiery, body bags, mail bags

EXPLANATORY NOTE—​ INCLUSION

A

Packaging bags of textile

EXPLANATORY NOTE—​ INCLUSION

A

Animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or treated wool, raw silk

EXPLANATORY NOTE—​ INCLUSION

C

C

Cords and twines in natural or artificial textile fibres, paper or plastics

Sacks and bags for transporting or storing goods and materials in bulk (consult the Alphabetical List of Goods)

CLASS 23 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

 415

Appendix

415

CLASS 24 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Banners

Banners of textile or plastic

240006

C

Table runners

Table runners of textile

240022

C

Flags, not of paper

Flags of textile or plastic

240042

C

Bunting

Bunting of textile or plastic

240043

C

Washing mitts

Bath mitts

240055

C

Gummed cloth, other than for stationery

Gummed cloth, other than for stationery purposes

240057

C

Coasters [table linen]

Coasters of textile

240096

C

Tablemats, not of paper

Tablemats of textile

240097

C

Sleeping bags [sheeting]

Sleeping bag liners

240100

C

Tissues of textile for removing make-​up Napkins, of cloth, for removing make-​up Napkins for removing make-​up [cloth]

Cloths for removing make-​up

240101

C

Labels of cloth

Labels of textile

240102

C

Place mats, not of paper

Place mats of textile

240113

A

Diaper changing cloths for babies

240120

A

Blankets for household pets

240121

A

Sleeping bags for babies

240122

Baby bunting

240123

A D

Sanitary flannel

D

Bed clothes

NOTE

416

416

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C&T

Sleeping bags for camping

Sleeping bags

240124

Transferred from Cl. 20—see text for further explanation.

D

Bed covers

C

Table covers

A C

Class 24 includes mainly textiles (piece goods) and textile covers for household use

D

Certain special textiles (consult the Alphabetical List of Goods)

CLASS HEADING Household linen

CLASS HEADING

Curtains of textile or plastic

CLASS HEADING

Class 24 includes mainly fabrics and fabric covers for household use

EXPLANATORY NOTE

EXPLANATORY NOTE—​ EXCLUSION

A

Asbestos safety curtains (Cl. 17), bamboo curtains and bead curtains for decoration (Cl. 20)

EXPLANATORY NOTE—​ EXCLUSION

A

Certain textiles and fabrics for specific uses, for example, fabrics for bookbinding (Cl. 16), insulating fabrics (Cl. 17), geotextiles (Cl. 19)

EXPLANATORY NOTE—​ EXCLUSION

Household linen, for example, bedspreads, pillow shams, towels of textile

EXPLANATORY NOTE—​ INCLUSION

A

Sleeping bags, sleeping bag liners

EXPLANATORY NOTE—​ INCLUSION

A

Mosquito nets

EXPLANATORY NOTE—​ INCLUSION

C

Household linen

 417

Appendix

417

CLASS 25 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

D

Shoulder wraps

C

Collar protectors

Neck scarves [mufflers] Neck scarfs [mufflers] Mufflers [neck scarves]

250021

C

Pants Drawers [clothing]

Boxer shorts

250023

D

Body linen [garments]

250026

Underwear and underclothing remain in BN.

D

Sun visors Visors [hatmaking]

250030

Cap peaks remains in BN.

Pullovers Jumpers [pullovers]

250034

Sweaters currently in BN.

A

NEW ENTRY

BASIC NO.

NOTE

250020

Collars [clothing] remains in BN.

C

Sweat-​absorbent underclothing [underwear] Anti-​sweat underclothing Anti-​sweat underwear

Sweat-​absorbent underclothing Sweat-​absorbent underwear

250054

C

Babies’ pants [clothing]

Babies’ pants [underwear]

250058

Pants (Am.)

250064

Trousers currently in BN.

250094

Sports jerseys remains in BN.

A D

Singlets

D

Pullovers Jumpers [pullovers]

C

Slips [undergarments]

Slips [underclothing]

250146

C

Teddies [undergarments]

Teddies [underclothing]

250147

A

Bodies [underclothing]

250147

A

Visors [headwear]

250170

A

Knickers Panties

250171

418

418 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Sports singlets

250172

A

Valenki [felted boots]

250173

A

Albs

250174

A

Ankle boots

250175

A

Sweat-​absorbent socks

250176

A

Hairdressing capes

250177

A

Karate uniforms

250178

A

Judo uniforms

250179

A

Leotards

250180

A

Kimonos

250181

NOTE

CLASS 26 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

D

Dress fastenings

260010

Fastenings for clothes currently in BN.

C

Hair grips [slides] Slide [hair grips]

Hair grips Bobby pins

260015

C

Hat ornaments, not of precious metal

Hat trimmings

260016

C

Shoe ornaments, not of precious metal

Shoe trimmings

260035

C

Hair ornaments

Decorative articles for the hair

260038

C

Barettes [hair slides]

Hair barrettes Hair slides

260040

C

Embroidering crochet hooks

Crochet hooks Crochet needles

260051

C

Slide locks for bags

Zippers for bags

260087

A

Appliqués [haberdashery]

260128

A

Artificial plants

260129

Zip fasteners for bags currently in BN.

 419

Appendix

419

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Beads other than for making jewelry

Beads, other than for making jewelry Beads, other than for making jewellery

260129

A

Sewing kits

260130

A

Entomological pins

260131

A

Embroidery needles

260132

A

Charms, other than for jewelry, key rings or key chains Charms, other than for jewellery, key rings or key chains

260133

T

Needle-​t hreaders

260134

T

Reins for guiding children

NOTE

Transferred from Cl. 8—see text for further explanation. Transferred to Cl. 18—see text for further explanation.

A

Hair decorations

CLASS HEADING

A

False hair

CLASS HEADING

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

EXPLANATORY NOTE

A

False eyelashes (Cl. 3)

EXPLANATORY NOTE—​ EXCLUSION

A

Hair prostheses (Cl. 10)

EXPLANATORY NOTE—​ EXCLUSION

A

Charms for key rings or key chains (Cl. 14)

EXPLANATORY NOTE—​ EXCLUSION

C

Class 26 includes mainly dressmakers’ articles

420

420 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

A

Jewellery charms (Cl. 14)

EXPLANATORY NOTE—​ EXCLUSION

A

Wigs, toupees and false beards

EXPLANATORY NOTE—​ INCLUSION

A

Barrettes and hair bands

EXPLANATORY NOTE—​ INCLUSION

A

Hair nets

EXPLANATORY NOTE—​ INCLUSION

Buckles and zippers

EXPLANATORY NOTE—​ INCLUSION

Charms, other than for jewellery, key rings or key chains

EXPLANATORY NOTE—​ INCLUSION

C

Slide fasteners

A

CLASS 27 CHANGES A/​C/​T/​D/​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C

Tapestry [wall hangings], not of textile Wall hangings, not of textile

Decorative wall hangings, not of textile

270013

A

Floor mats, fire resistant, for fireplaces and barbecues

270019

A

Yoga mats

270020

CLASS 28 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Toys for domestic pets

Toys for pets

280004

C

Toys

Toys*

280024

NOTE

 421

Appendix

421

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Tables for indoor football

Foosball tables

280070

D

Dumb-​bells

C

Lines for fishing

Fishing lines

280084

C

Surf boards

Surfboards

280102

C

Sleighs [sports articles]

Sleds [sports articles]

280113

C

Air pistols [toys]

Toy air pistols

280117

C

Body boards

Bodyboards

280177

C

Radio-​controlled toy vehicles

Remote-​controlled toy vehicles

280185

A

Controllers for game consoles

280217

A

Toy models

280218

A

Toy figures

280219

A

Ball pitching machines

280220

A

Dumb-​bells

280221

A

Masks [playthings]

280222

A

Matryoshka dolls

280223

A

Controllers for toys

280224

A

Golf bag trolleys Golf bag carts

280225

A

Paddleboards

280226

A

Gyroscopes and flight stabilizers for model aircraft

280227

A

Joysticks for video games

280228

A

Protective films adapted for screens for portable games

280229

A

Drones [toys]

280230

A

Toy robots

280231

A

Needles for pumps for inflating balls for games

280232

A

Pumps specially adapted for use with balls for games

280233

A

Baby gyms

280234

A

Plush toys with attached comfort blanket

280235

A

Tricycles for infants [toys]

280236

280075

NOTE

Bar-​bells remains in BN.

422

422

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

T

Scrapers for skis

Transferred to Class 8—see text for further explanation.

T

Wax for skis

Transferred to Class 4—see text for further explanation.

C

Games and playthings

Games, toys and playthings

CLASS HEADING

A

Video game apparatus

CLASS HEADING

A

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

EXPLANATORY NOTE

D

Certain gymnastic and sporting articles (consult the Alphabetical List of Goods)

C

Christmas tree candles (Cl. 4)

A

EXPLANATORY NOTE—​ EXCLUSION

Christmas tree candles (Cl. 4), electric lights for Christmas trees (Cl. 11), confectionery and chocolate decorations for Christmas trees (Cl. 30)

EXPLANATORY NOTE—​ EXCLUSION

Sex toys and love dolls (Cl. 10)

EXPLANATORY NOTE—​ EXCLUSION

D

Electrical lamps (garlands) for Christmas trees (Cl. 11)

EXPLANATORY NOTE—​ EXCLUSION

D

Fishing nets (Cl. 22)

EXPLANATORY NOTE—​ EXCLUSION

D

Confectionery and chocolate decorations for Christmas trees (Cl. 30)

EXPLANATORY NOTE—​ EXCLUSION

 423

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

A

C

Amusement and game apparatus adapted for use with an external display screen or monitor

A

C

Fishing tackle

423 BASIC NO.

NOTE

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

EXPLANATORY NOTE—​ EXCLUSION

Amusement and game apparatus, including controllers therefor

EXPLANATORY NOTE—​ INCLUSION

Amusement and novelty items, for example, carnival masks, paper party hats, confetti, practical jokes and party favours

EXPLANATORY NOTE—​ INCLUSION

Hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, hunting game calls

EXPLANATORY NOTE—​ INCLUSION

CLASS 29 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Weed extracts for food

Seaweed extracts for food

290002

C

Anchovy

Anchovy, not live

290006

C

Chocolate nut butter Cocoa butter

Cocoa butter for food

290009

C

Herrings

Herrings, not live

290055

NOTE

424

424

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Lard for food

Lard

290103

C

Sardines

Sardines, not live

290106

C

Salmon

Salmon, not live

290107

C

Tuna fish

Tuna, not live

290109

C

Peanuts, processed

Peanuts, prepared

290118

C

Foods prepared from fish Food products made from fish

Fish-​based foodstuffs

290125

C

Clams [not live]

Clams, not live

290132

C

Fermented vegetable foods [kimchi]

Kimchi [fermented vegetable dish]

290162

C

Soya milk [milk substitute]

Soya milk

290163

C

Processed sunflower seeds

Sunflower seeds, prepared

290166

C

Non-​a lcoholic egg nog

Non-​a lcoholic eggnog

290168

C

Processed fish spawn

Fish roe, prepared

290170

C

Processed seeds

Seeds, prepared

290171

C

Seeds, prepared

Seeds, prepared*

290171

A

Low-​fat potato crisps

290176

A

Compotes

290179

A

Condensed milk

290180

A

Smetana [sour cream]

290181

A

Ryazhenka [fermented baked milk]

290182

A

Prostokvasha [soured milk]

290183

A

Tomato paste

290184

A

Vegetable marrow paste

290185

A

Aubergine paste Eggplant paste

290186

NOTE

Seeds, prepared added in an early CE and changed to following item in a later meeting. Low-​fat potato chips currently in BN.

 425

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Peanut milk for culinary purposes

290187

A

Milk of almonds for culinary purposes

290188

Almond milk for culinary purposes

290188

Rice milk [milk substitute]

290189

Rice milk

290189

A

Artichokes, preserved

290190

A

Arrangements of processed fruits

290191

A

Powdered milk*

290192

A

Yakitori

290193

A

Bulgogi [Korean beef dish]

290194

A

Candied nuts

290195

A

Flavoured nuts Flavored nuts

290196

A

Hazelnuts, prepared

290197

A

Berries, preserved

290198

A

Guacamole [mashed avocado]

290199

A

Onion rings

290200

A

Falafel

290201

A

Lemon juice for culinary purposes

290202

A

Freeze-​dried meat Lypholized meat Lypholised meat

290203

A

Oat milk

290204

C

OLD ENTRY

425

Milk of almonds for culinary purposes

A

C

Rice milk [milk substitute]

NOTE

Milk of almonds for culinary purposes added in an early CE and changed to following item in a later meeting.

Rice milk [milk substitute] for culinary purposes added in an early CE and changed to following item in a later meeting.

426

426 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Vegetable-​based cream

290205

A

Freeze-​dried vegetables Lypholized vegetables Lypholised vegetables

290206

A

Extra virgin olive oil

290207

A

Galbi [grilled meat dish]

290208

A

Escamoles [edible ant larvae, prepared]

290209

A

Edible insects, not live

290210

A

Sweet corn, processed

290211

A

Nut-​based spreads

290212

A

Potato-​based dumplings

290213

A

Hot dog sausages

290214

A

Corn dogs

290215

A

Soya bean oil for food

290216

A

Milk substitutes

290217

A

Almond milk

290218

A

Peanut milk

290219

A

Coconut milk

290220

A

Coconut milk for culinary purposes

290221

A

Coconut milk-​based beverages

290222

A

Rice milk for culinary purposes

290223

NOTE

C&T

Milk of almonds [beverage]

Almond milk-​based beverages

290224

Transferred from Cl. 32—see text for further explanation.

C&T

Peanut milk [non-​a lcoholic beverage]

Peanut milk-​based beverages

290225

Transferred from Cl. 32—see text for further explanation.

T&C

Gut for making sausages

Sausage casings, natural or artificial

290226

Transferred from Cl. 18—see text for further explanation.

 427

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

T

Picalilli

NEW ENTRY

427 BASIC NO.

NOTE Transferred to Cl. 30—see text for further explanation.

A

Processed seeds for use as a seasoning (Cl. 30)

EXPLANATORY NOTE—​ EXCLUSION

A

Seeds for planting (Cl. 31)

EXPLANATORY NOTE—​ EXCLUSION

A

Seeds prepared for human consumption, not being seasonings or flavourings

EXPLANATORY NOTE—​ INCLUSION

CLASS 30 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Weeds

Seaweed [condiment]

300002

D

Farinaceous pastes

C

Coffee flavorings [flavourings]

A D

Cookies

D

Gruel, with a milk base, for food

D

Cocoa products

C

Turmeric for food

D

Farinaceous foods

C

C

300003 Coffee flavourings Coffee flavorings

300010

Cookies

300016

NOTE

Pasta remains in BN.

Biscuits currently in BN. Cookies are in 300016. American cookies are the same item as UK biscuits.

Turmeric*

300051

Flavourings, other than essential oils, for cakes Flavorings [flavourings], other than essential oils, for cakes

Flavourings, other than essential oils, for cakes

300070

Cake paste Pastry

Cake dough Cake batter

300072

Flavorings, other than essential oils, for cakes remains in BN.

428

428

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

D

Binding agents for ice cream [edible ices] Binding agents for edible ices

D

Flour milling products

C

Potato flour for food

Potato flour*

300114

C

Tapioca flour for food

Tapioca flour*

300128

C

Vanilla [flavoring] [flavouring]

Vanilla flavourings for culinary purposes Vanilla flavorings for culinary purposes

300130

C

Pasties Pâté [pastries]

Pâtés en croute

300134

C

Powders for ice cream Powder for edible ices

Powders for making ice cream

300137

C

Flavourings, other than essential oils Flavorings, other than essential oils

Food flavourings, other than essential oils Food flavorings, other than essential oils

300140

C

Flavourings, other than essential oils, for beverages Flavorings [flavourings], other than essential oils, for beverages

Flavourings, other than essential oils, for beverages

300141

Flavorings, other than essential oils, for beverages remains in BN.

Miso [condiment]

300194

Soya bean paste [condiment] currently in BN.

Linseed for culinary purposes [seasoning] Flaxseed for culinary purposes [seasoning]

300212

A

Pasta sauce

300217

A

Cereal bars

300218

A

Palm sugar

300219

A

Dough

300220

A

Flowers or leaves for use as a tea substitute

300221

A

Pastry dough

300222

A

Vareniki [stuffled dumplings]

300223

A

D

Cream of tartar for cooking purposes

C

Linseed for human consumption Flaxseed for human consumption

NEW ENTRY

BASIC NO.

NOTE

300074

Binding agents for ice cream remains in BN.

 429

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

429

NEW ENTRY

BASIC NO.

A

Pelmeni [dumplings stuffed with meat]

300224

A

Chocolate decorations for cakes

300225

A

Candy decorations for cakes

300226

A

Chocolate-​coated nuts

300227

A

Rice pudding

300228

A

Nut flours

300229

A

Minced garlic [condiment]

300230

A

Baozi [stuffed buns]

300231

A

Rice pulp for culinary purposes

300232

A

Jiaozi [stuffed dumplings]

300233

A

Ramen [Japanese noodle-​based dish]

300234

A

Okonomiyaki [Japanese savoury pancakes] Okonomiyaki [Japanese savory pancakes]

300235

A

Batter mixes for okonomiyaki [Japanese savoury pancakes] Batter mixes for okonomiyaki [Japanese savory pancakes]

300236

A

Burritos

300237

A

Gimbap [Korean rice dish]

300238

A

Edible paper

300239

A

Edible rice paper

300240

A

Chocolate-​based spreads

300241

A

Chocolate spreads containing nuts

300242

A

Flour-​based dumplings

300243

NOTE

430

430 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Agave sweetener [natural sweetener]

300244

A

Mirror icing [mirror glaze]

300245

A

Freeze-​dried dishes with main ingredient being rice Lyophilized dishes with main ingredient being rice Lyophilised dishes with main ingredient being rice

300246

A

Freeze-​dried dishes with main ingredient being pasta Lyophilized dishes with main ingredient being pasta Lyophilised dishes with main ingredient being pasta

300247

A

Chamomile-​based beverages

300248

A

Dulce de leche

300249

A

Bibimbap [rice mixed with vegetables and beef]

300250

A

Onigiri [rice balls]

300251

A

Instant rice

300252

A

Hot dog sandwiches

300253

A

Ice cubes

300254

A

Processed seeds for use as a seasoning

300255

A

Sesame seeds [seasonings]

300256

T

Picalilli

300257

A

Yeast for pharmaceutical purposes (Cl. 5), yeast for animal consumption (Cl. 31)

NOTE

Transferred from Cl. 29—see text for further explanation. EXPLANATORY NOTE—​ EXCLUSION

 431

Appendix

431

CLASS 31 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Citrus fruit

Citrus fruit, fresh

310002

C

Algae for human or animal consumption Weeds for human or animal consumption

Algae, unprocessed, for human or animal consumption Seaweed, unprocessed, for human or animal consumption

310003

C

Christmas trees

Christmas trees*

310009

C

Berries, fresh fruits

Berries, fresh

310013

C

Beet

Beet, fresh

310015

C

Locust beans

Locust beans, raw

310022

C

Chicory [salad]

Chicory, fresh

310030

C

Squashes Marrows

Squashes, fresh

310043

Eggs for hatching, fertilized

310045

A

C

Grains [seeds]

Seeds for planting Plant seeds

310068

C

Products for animal litter

Litter for animals

310080

C

Hazelnuts

Hazelnuts, fresh

310087

C

Onions, fresh vegetables

Onions, fresh

310092

C

Oranges

Oranges, fresh

310094

C

Roots for food

Roots for animal consumption

310114

C

Rhubarb

Rhubarb, fresh

310116

C

Sanded paper for pets [litter]

Sanded paper [litter] for pets

310146

C

Aromatic sand for pets [litter]

Aromatic sand [litter] for pets

310147

A

Artichokes, fresh

310153

A

Herrings, live

310154

A

Salmon, live

310155

A

Sardines, live

310156

A

Tuna, live

310157

A

Garlic, fresh

310158

A

Vegetable marrows, fresh

310159

NOTE

Eggs for hatching, fertilised is currently in BN.

432

432 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Edible linseed, unprocessed Edible flaxseed, unprocessed

310160

A

Arrangements of fresh fruit

310161

A

Anchovy, live

310162

A

Edible insects, live

310163

A

Unprocessed sweet corn, husked or unhusked

310164

NOTE

C

Agricultural, horticultural and forestry products

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products

CLASS HEADING

C

Fresh fruits and vegetables

Fresh fruits and vegetables, fresh herbs

CLASS HEADING

Bulbs, seedlings and seeds for planting

CLASS HEADING

A C

Foodstuffs for animals

Foodstuffs and beverages for animals

CLASS HEADING

C

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

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

EXPLANATORY NOTE

C

Dietary supplements for animals (Cl. 5)

Dietary supplements for animals and medicated animal feed (Cl. 5)

EXPLANATORY NOTE—​ EXCLUSION

D

Raw woods

C

Raw cereals

A

EXPLANATORY NOTE—​ INCLUSION Raw, unprocessed cereals

EXPLANATORY NOTE—​ INCLUSION

Plant residue

EXPLANATORY NOTE—​ INCLUSION

 433

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

433 BASIC NO.

NOTE

A

Unprocessed algae

EXPLANATORY NOTE—​ INCLUSION

A

Unsawn timber

EXPLANATORY NOTE—​ INCLUSION

Fertilized eggs for hatching

EXPLANATORY NOTE—​ INCLUSION

A

Fresh mushrooms and truffles

EXPLANATORY NOTE—​ INCLUSION

A

Litter for animals, for example, aromatic sand, sanded paper for pets

EXPLANATORY NOTE—​ INCLUSION

C

D

Fertilised eggs for hatching

Mollusca and crustacea (live)

EXPLANATORY NOTE—​ INCLUSION

CLASS 32 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

A

Beer-​based cocktails

320052

A

Soya-​based beverages, other than milk substitutes

320053

A

Protein-​enriched sports beverages

320054

A

Rice-​based beverages, other than milk substitutes

320055

A

Non-​a lcoholic beverages flavoured with coffee Non-​a lcoholic beverages flavored with coffee

320056

A

Non-​a lcoholic beverages flavoured with tea Non-​a lcoholic beverages flavored with tea

320057

A

Soft drinks

320058

NOTE

434

434

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

NOTE

C&T

Milk of almonds [beverages]

Transferred to Cl. 29— see text for further explanation.

C&T

Peanut milk (non-​ alcoholic beverage)

Transferred to Cl. 29— see text for further explanation.

CLASS 33 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

A

Nira [sugarcane-​based alcoholic beverage]

330036

A

Baijiu [Chinese distilled alcoholic beverage]

330037

NOTE

CLASS 34 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

A

Electronic cigarettes

340039

A

Liquid solutions for use in electronic cigarettes

340040

A

Oral vaporizers for smokers

340041

A

Flavourings, other than essential oils, for tobacco Flavorings, other than essential oils, for tobacco

340042

A

Flavourings, other than essential oils, for use in electronic cigarettes Flavorings, other than essential oils, for use in electronic cigarettes

340043

NOTE

 435

Appendix

435

CLASS 35 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Import export agencies

Import-​export agency services

350005

C

Commercial information agencies

Commercial information agency services

350006

C

Employment agencies

Employment agency services

350012

C

Auditing

Business auditing

350017

C

Efficiency experts

Business efficiency expert services

350029

C

Marketing studies

Market studies

350031

C

Radio commercials

Radio advertising

350040

C

Television commercials

Television advertising

350044

C

Transcription

Transcription of communications [office functions]

350045

C

Advertising agencies Publicity agencies

Advertising agency services Publicity agency services

350047

A

Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies

350108

A

Rental of sales stands

350109

A

Provision of commercial and business contact information

350110

A

Search engine optimization Search engine optimisation

350111

Search engine optimisation for sales promotion Search engine optimization for sales promotion

350111

C

Search engine optimisation Search engine optimization

NOTE

436

436 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Web site traffic optimization Web site traffic optimisation

350112

A

Pay per click advertising

350113

A

Commercial intermediation services

350114

A

Business management for freelance service providers

350115

A

Negotiation and conclusion of commercial transactions for third parties

350116

A

Updating and maintenance of data in computer databases

350117

A

Business project management services for construction projects

350118

A

Providing business information via a web site

350119

A

Provision of an on-​line marketplace for buyers and sellers of goods

350120

A

Design of advertising materials

350121

A

Outsourced administrative management for companies

350122

A

Tax filing services

350123

A

Business management of reimbursement programmes for others Business management of reimbursement programs for others

350124

A

Rental of billboards [advertising boards]

350125

NOTE

 437

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

437

NEW ENTRY

BASIC NO.

A

Writing of curriculum vitae for others Writing of résumés for others

350126

A

Web indexing for commercial or advertising purposes

350127

A

Administration of frequent flyer programs

350128

A

Appointment scheduling services [office functions]

350129

A

Appointment reminder services [office functions]

350130

A

Administration of consumer loyalty programs

350131

A

Scriptwriting for advertising purposes

350132

A

Registration of written communications and data

350133

A

Updating and maintenance of information in registries

350134

A

Compiling indexes of information for commercial or advertising purposes

350135

A

Business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding

350136

A

Production of teleshopping programmes Production of teleshoping programs

350137

A

Consultancy regarding public relations communications strategy

350138

NOTE

438

438 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

A

D

NEW ENTRY

BASIC NO.

Negotiation of business contracts for others

350139

NOTE

Publicity columns preparations

CLASS 36 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Leasing of real estate

Rental of real estate

360004

C

Credit bureaux

Credit bureau services

360006

C

Real estate agencies

Real estate agency services

360007

C

Housing agents

Real estate brokerage

360008

D

Real estate brokers

C

Debt collection agencies

Debt collection agency services

360009

C

Customs brokerage

Financial customs brokerage services

360011

C

Capital investments

Capital investment

360017

D

Fund investments Capital investment

360017

D

Bail bonding Guarantees

360018

C

Issuing of travellers’ checks

Issuance of travellers’ cheques Issuance of travelers' checks

360020

C

Fiscal assessments Fiscal valuations

Fiscal valuation

360025

C

Renting of flats

Rental of apartments

360035

D

Renting of apartments

C

Leasing of farms

Rental of farms

360036

C

Accommodation bureaux [apartments]

Accommodation bureau services [apartments]

360045

NOTE

360008

360035

Surety services remains in BN.

 439

Appendix

439

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Credit card services

Processing of credit card payments

360056

C

Debit card services

Processing of debit card payments

360057

C

Issue tokens of value

Issuance of tokens of value

360065

C

Home banking

Online banking

360072

C

Financial evaluation of wool

Financial valuation of wool

360107

A

Stock brokerage services

360110

A

Debt advisory services

360111

A

Arranging finance for construction projects

360112

A

Providing financial information via a web site

360113

A

Financial management of reimbursement payments for others

360114

A

Investment of funds

360115

A

Stocks and bonds brokerage

360116

A

Providing rebates at participating establishments of others through use of a membership card

360117

A

Bail-​bonding

360118

A

Rental of offices for co-​working

360119

NOTE

440

440

International Trademark Classification

CLASS 37 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Air conditioning apparatus installation and repair

Installation and repair of air-​ conditioning apparatus

370028

C

Vehicle wash

Vehicle washing

370055

C

Vehicle breakdown assistance [repair]

Vehicle breakdown repair services

370089

C

Vermin exterminating, other than for agricultural

Vermin exterminating, other than for agriculture, aquaculture, horticulture and forestry

370091

C

Construction consultation

Construction consultancy

370131

C

Drilling of deep oil gas-​wells

Drilling of deep oil or gas wells

370133

A

Rental of drainage pumps

370134

A

Rental of laundry washing machines

370135

A

Repair of power lines

370136

A

Vehicle battery charging

370137

A

Tyre balancing Tire balancing

370138

A

Tuning of musical instruments

370139

A

Laying of cable

370140

A

Sterilization of medical instruments Sterilisation of medical instruments

370141

A

Hydraulic fracturing services Fracking services

370142

A

Pest control services, other than for agriculture, aquaculture, horticulture and forestry

370143

A

Rental of dish washing machines

370144

NOTE

 441

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

A D

Cabinet making [repair]

D

Car wash Motor vehicle wash

D

Mending clothing

441

NEW ENTRY

BASIC NO.

Rental of dish drying machines

370145

NOTE

CLASS 38 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

News agencies Wire services

News agency services

380012

C

Cellular telephone communication

Communications by cellular phones

380022

C

Electronic mail

Transmission of electronic mail

380025

C

Communications by fiber [fibre] optic networks

Communications by fibre optic networks Communications by fiber optic networks

380030

A

Video conferencing services

380049

A

Providing online forums

380050

A

Streaming of data

380051

A

Radio communications

380052

A

Video-​on-​demand transmission

380053

NOTE

CLASS 39 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Vehicle breakdown assistance [towing]

Vehicle breakdown towing services

390007

C

Sightseeing [tourism]

Transport services for sightseeing tours

390025

C

Arranging of tours

Arranging of travel tours

390050

NOTE

442

442

International Trademark Classification

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Guarded transport of valuables

Armored-​car transport

390062

D

Armored car transport

C

Physical storage of electronically-​stored data or documents

390062 Physical storage of electronically stored data or documents

390094

A

Rental of aircraft engines

390105

A

Guarded transport of valuables

390106

A

Rental of navigational systems

390107

A

Providing driving directions for travel purposes

390108

A

Gift wrapping

390109

A

Rental of tractors

390110

A

Collection of recyclable goods [transport]

390111

A

Rental of electric wine cellars

390112

A

Cash replenishment of automated teller machines

390113

A

Car sharing services

390114

CLASS 40 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Silver-​plating

Silver plating

400007

C

Tin-​plating

Tin plating

400027

C

Planing [saw mill]

Planing of materials

400050

C

Sawing [saw mill]

Sawing of materials

400052

C

Tailoring

Custom tailoring

400053

C

Embroidery services

Embroidering

400063

C

Gold-​plating

Gold plating

400085

C

Coppersmithing Boiler making

Boilermaking

400099

C

Rental of air conditioning apparatus

Rental of air-​ conditioning apparatus

400118

NOTE

NOTE

 443

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Rental of boilers

400123

A

Upcycling [waste recycling]

400124

A

Welding services

400125

A

Tinting of car windows

400126

C

OLD ENTRY

443

Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.

Class 40 includes mainly services not included in other classes, 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.

NOTE

EXPLANATORY NOTE

444

444

International Trademark Classification

CLASS 41 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Amusement parks

Amusement park services

410003

C

Entertainment Amusements

Entertainment services

410004

C

Rental of movie projectors and accessories

Rental of cinematographic apparatus

410006

C

Movie studios

Movie studio services

410008

C

Circuses

Presentation of circus performances

410009

D

Tuition

C

Rental of cine films

Rental of motion pictures

410019

C

Lending libraries

Lending library services

410023

C

Music halls

Presentation of variety shows

410027

C

Gambling

Gambling services

410052

C

Boarding schools

Boarding school education

410075

C

Operating lotteries

Organization of lotteries

410081

C

Scriptwriting services

Scriptwriting, other than for advertising purposes

410089

C

Publication of electronic books and journals on-​line

On-​line publication of electronic books and journals

410091

C

Providing karaoke services

Karaoke services

410095

C

Night clubs

Nightclub services [entertainment]

410098

C

Writing of texts, other than publicity texts

Writing of texts*

410184

Educational services provided by schools

410199

A

410017

NOTE

Teaching, educational services, instruction services remain in BN.

 445

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Providing on-​ line music, not downloadable

410200

A

Providing on-​ line videos, not downloadable

410201

A

Tutoring

410202

A

Arranging and conducting of in-​ person educational forums

410203

A

Songwriting

410204

A

Screenplay writing

410205

A

Conducting guided tours

410206

A

Training services provided by simulators

410207

A

Transmission services

410208

A

Providing television programs, not downloadable, via video-​on-​demand Providing films, not downloadable, via video-​on-​demand transmission services Providing television programmes, not downloadable, via video-​on-​demand transmission services

410209

A

Sado instruction [tea ceremony instruction]

410210

A

Aikido instruction

410211

A

Rental of artwork

410212

A

Rental of indoor aquaria

410213

D

OLD ENTRY

445

Videotape film production

NOTE

446

446

International Trademark Classification

CLASS 42 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Architecture

Architectural services

420011

C

Architectural consultation

Architectural consultancy

420036

D

Packaging design services

C

Technical project studies

D

Weather forecasting

C

Land surveys

Land surveying

420079

C

Graphic arts designing

Graphic arts design

420144

C

Research and development for others

Research and development of new products for others

420161

C

Data conversion of computer programs and data [not physical conversion]

Conversion of computer programs and data, other than physical conversion

420203

A

Energy auditing

420218

A

Web site design consultancy

420219

A

Software as a service [SaaS]

420220

A

Information technology [IT] consultancy

420221

A

Scientific research

420222

A

Server hosting

420223

A

Clinical trials

420224

A

Off-​site data backup

420225

A

Electronic data storage

420226

A

Providing information on computer technology and programming via a web site

420227

420050 Conducting technical project studies

NOTE

Packaging design remains in BN.

420061

420076

Meteorological information remains in BN. Weather forecasting has new BN.

 447

Appendix A/​C/​T/​D/​ STET

OLD ENTRY

447

NEW ENTRY

BASIC NO.

A

Cartography services

420228

A

Cloud computing

420229

A

Oursource service providers in the field of information technology

420230

A

Technology consultancy

420231

A

Computer technology consultancy

420232

A

Telecommunications technology consultancy

420233

A

Weather forecasting

420234

A

Computer security consultancy

420235

A

Technical writing

420236

A

Interior design

420237

A

Unlocking of mobile phones

420238

A

Monitoring of computer systems to detect breakdowns

420239

A

Creating and designing website-​ based indexes of information for others [information technology services]

420240

A

Internet security consultancy

420241

A

Data security consultancy

420242

A

Data encryption services

420243

A

Monitoring of computer systems for detecting unauthorized access or data breach

420244

NOTE

448

448 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

Electronic monitoring of personally identifying information to detect identity theft via the internet

420245

A

Electronic monitoring of credit card activity to detect fraud via the internet

420246

A

Computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information

NOTE

EXPLANATORY NOTE—​ INCLUSION

CLASS 43 CHANGES A/​C/​T/​D/ ​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Accommodation bureaux [hotels, boarding houses]

Accommodation bureau services [hotels, boarding houses]

430004

C

Retirement homes

Retirement home services

430013

C

Cafés

Café services

430024

C

Cafeterias

Cafeteria services

430025

C

Canteens

Canteen services

430027

C

Boarding houses

Boarding house services

430066

C

Tourist homes

Tourist home services

430071

C

Hotels

Hotel services

430073

C

Day nurseries [crèches]

Day nursery [crèche] services

430098

C

Restaurants

Restaurant services

430102

C

Self-​service restaurants

Self-​service restaurant services

430107

NOTE

 449

Appendix

449

A/​C/​T/​D/ ​STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Snack-​bars

Snack-​bar services

430108

C

Motels

Motel services

430183

A

Rental of lighting apparatus*

430192

A

Food sculpting

430193

A

Reception services for temporary accommodation [management of arrivals and departures]

430194

A

Washoku restaurant services

430195

CLASS 44 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Public baths for hygiene purposes

Public bath services for hygiene purposes

440018

C

Turkish baths

Turkish bath services

440019

C

Beauty salons

Beauty salon services

440020

C

Chiropractics

Chiropractic

440032

C

Hairdressing salons

Hairdressing

440034

C

Convalescent homes

Convalescent home services

440043

D

Rest homes

C

Hospitals

Hospital services

440059

C

Plant nurseries

Plant nursery services

440094

C

Sanatoriums

Sanatorium services

440106

C

Dentistry

Dentistry services

440113

C

Nursing homes

Nursing home services

440114

440043

NOTE

NOTE

450

450 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

A

NEW ENTRY

BASIC NO.

NOTE

Aerial and surface spreading of fertilisers and other agricultural chemicals

440115

Same ID with “fertilizers” currently in BN.

C

Hospices

Hospice services

440147

C

Vermin exterminating for agriculture, horticulture and forestry

Vermin exterminating for agriculture, aquaculture, horticulture and forestry

440168

In vitro fertilisation services

440196

A

C

Pharmacists’ services to make up prescriptions

Preparation of prescriptions by pharmacists

440204

C

Health centres Health centers

Health centre services Health center services

440209

A

Alternative medicine services

440210

A

Speech therapy services

440211

Speech therapy

440211

A

Health counselling Health counseling

440212

A

Depilatory waxing

440213

A

Orthodontic services

440214

A

Medical advice for individuals with disabilities

440215

A

Body piercing

440216

A

Reforestation services

440217

C

Speech therapy services

Same ID with “fertilization” currently in BN.

 451

Appendix A/​C/​T/​D/​ STET

NEW ENTRY

BASIC NO.

A

Palliative care

440218

A

Rest home services

440219

A

Pest control services for agriculture, aquaculture, horticulture and forestry

440220

A

Human tissue bank services

440221

C

OLD ENTRY

451

Vermin exterminating (other than for agriculture, horticulture and forestry)

Vermin exterminating, other than for agriculture, aquaculture, horticulture and forestry

NOTE

EXPLANATORY NOTE—​ EXCLUSION

CLASS 45 CHANGES A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

BASIC NO.

C

Detective agencies

Detective agency services

450003

C

Night guards

Night guard services

450006

C

Funerals

Burial services

450056

C

Undertaking

Funerary undertaking

450057

C

Guards

Guard services

450099

C

Marriage agencies

Marriage agency services

450112

C

Security consultancy

Physical security consultancy

450117

C

Baggage inspection for security purposes

Security screening of baggage

450196

C

Intellectual property watching services

Monitoring intellectual property rights for legal advisory purposes

450209

NOTE

452

452 A/​C/​T/​D/​ STET

International Trademark Classification OLD ENTRY

NEW ENTRY

BASIC NO.

A

On-​line social networking services

450218

A

Releasing doves for special occasions

450219

A

Embalming services

450220

A

Legal document preparation services

450221

A

Tracking of stolen property

450222

A

Legal administration of licences

450223

A

Astrology consultancy

450224

A

Spiritual consultancy

450225

A

Cartomancy services

450226

A

Personal wardrobe styling consultancy

450227

A

Personal letter writing

450228

A

Conducting funeral ceremonies

450229

A

Legal services in relation to the negotiation of contracts for others

450230

A

Conducting religious ceremonies

450231

A

Dog walking services

450232

A

Leasing of internet domain names

450233

A

Kimono dressing assistance

450234

NOTE

 453

Appendix

453

A/​C/​T/​D/​ STET

OLD ENTRY

NEW ENTRY

C

Security services for the protection of property and individuals

Security services for the physical protection of tangible property and individuals

CLASS HEADING

C

Computer services for the protection of software (Cl. 42)

Computer programming services for the protection of software

EXPLANATORY NOTE—​ EXCLUSION

Computer and internet security consultancy and data encryption services (Cl. 42)

EXPLANATORY NOTE—​ EXCLUSION

Investigation and surveillance services relating to the physical safety of persons and security of tangible property

EXPLANATORY NOTE—​ INCLUSION

A

C

Investigation and surveillance services relating to the safety of persons and entities

BASIC NO.

NOTE

454

 455

Index abacus 80 abrasives 21 auxiliary fluids for use with  19 in Class 3  17, 18–​19 dental 19, 21, 38 emery files  71 paper  124, 134–​5 access time to global computer networks, rental 268 accommodation, brokers/​brokerage  297, 298 accommodations, temporary  297, 298 accounting 243 accounting machines  86 acetylene  burners 99 cleaning apparatus  61 generators 99 additives, nutritional  1, 6 addressing machines  82, 127 adhesives  for affixing false eyelashes  19, 24–5 for affixing false hair  5, 25, 193 bandages  34, 37–​8 for dentures  5 heavy-​duty, wood  5 for mending broken articles, entry deleted in Class 1 5 rubber patches for repairing inner tubes  137, 144–​5 for stationery or household purposes  4, 124, 128 not included in Class 1  1, 7 tapes  for medical purposes  43 other than stationery and not for medical or household purposes  137, 139, 140 used in industry  1, 4–​5, 128 for wall tiles  5 advertising for another entity  247 agencies  242, 246–​7 in Class 35 heading  242, 243 layout services  250 modeling for  247, 284 organization of exhibitions for  285 pay per click  251 radio  242, 243, 246–​7, 265, 266–​7, 269, 273 television  242, 246–​7 transport or travel services  269, 273 aerated water  233– ​4 aerating pumps for aquaria  135 agar-​a gar  5 agencies 254

employment 244 marriage 311 news 267 real estate  254 travel 269, 273 aggressor repellent chemicals, deletion of  9 agricultural chemicals  3 agricultural implements – incubators for eggs  60 agricultural implements other than hand-​operated  56, 59–​60 agricultural mulch  3 agricultural products – mushrooms and truffles 230 agricultural products, raw and unprocessed 226, 227 agricultural protective coverings  5 agricultural services  302, 303, 305 agriculture  chemicals used in  1, 2, 5 gardening 305 implements other than hand-​operated  56, 59–​60 irrigation systems  305 products, raw and unprocessed  226, 227 tobacco 232, 239 vermin extermination  263, 305 air  deodorizers  21, 42–​3 filtering installations  101 fragrancing preparations  42 purifying apparatus and machines  61, 101 purifying preparations  21, 42–​3 air-conditioning  apparatus  97, 100, 101 rental of 281 installations 99, 103 air cushion vehicles  105, 106–​7 air mattresses  88, 89, 93 airplane maintenance and repair  274 air transport  270 alcoholic products  237 see also beer algae, unprocessed  226, 229–​30 alginates 6 alloys  46, 47, 113, 114 almond  milk and milk-​based beverages  217, 236 soap 19 alpenstocks 147 amalgams, gold  118 amber  goods in Class 20 heading  157, 163 yellow 157, 159

456

456 ambulances 60 ambulance transport  270, 274 excluded from Class 44  302, 306 ammunition and projectiles  110, 111 amplifiers 122 amusement and game apparatus  adapted for use with an external display screen or monitor  excluded from Class 9  73, 84 including controllers, included in Class 28  200, 202–​3 amusement items  200, 203 amusement parks  283 amusement services  282, 284 analgesics 43 analysis, industrial  288, 289 animals  antiparasitic collars for  148 beverages for  226, 228 boarding for  297, 299, 302, 307 breeding  302, 304–​5 bristles (brushware)  167 cages for  46, 51 aviaries of metal  49 of metal  46, 51, 53 claws 159 clothing for  146, 148 collars for  146, 148 deodorants for excluded from Class 5  34, 41–​2 diapers for pets  39 dietary supplements for  34, 37, 226, 231 feeding nets  185 fibres 175, 179 foodstuffs for  209, 215, 218, 223, 226, 228, 229 hair  167, 175, 179 hooves 159 horns 167 leashes for  146, 148 litter/​litter boxes for  166, 226, 230 live 231 in Class 31 heading  226, 228 excluded from Class 29  209, 215 marking ink 15 medicated feed  226, 231 nose bags  148 protein products  211 -​related products included in household items 166 skins and hides  146, 147 slaughtering 302, 306 stuffed see taxidermy training  282, 283, 284, 302, 306 see also birds; dogs; horses; pets anti-​dazzle films for windows (tinted films) 137, 141 anti-​encrustants  22 anti-​glare devices for vehicles  107

Index antimony 46, 52 antiparasitic collars for animals  148 anti-​perspirants  21 soaps 19 anti-​pollution barriers, floating  137, 140 antique appraisals  253 anti-​rheumatism bracelets  45 anti-​rheumatism rings  45 anti-​rust greases  11 anti-​rust oils  11 anti-​rust preparations  11 anti-​rust treatment for vehicles  260 antiseptics 43 apartments, rental of  298 apparatus  breathing, for underwater swimming  77 checking (supervision)  73, 75 to check stamping mail  76 coin-​operated  73, 79 electric see electric apparatus fire-​extinguishing  73, 80 gas, regulating and safety accessories for  103 household and kitchen use  165, 168 and instruments for conducting, switching, transforming, accumulating, regulating, or controlling electricity 73, 78 kitchen see kitchen apparatus life-​saving  73, 76–​7 for locomotion by land, air, or water  81 medical field  42, 44, 71, 74, 89, 93, 94, 185 nautical 73, 75 photographic, cinematographic, and optical  73, 75–​6 pipes and water, regulating safety accessories for 103 for pumping and dispensing fuel  82 for recording, transmission, amplification, modification, and reproduction of sound  73, 75, 78, 120, 122 for recording, transmission, or reproduction of images  73, 78 scientific  73, 74–​5 signaling 73, 75 steam producing (parts of machines)  97, 102 sterilizing 101 surveying 73, 75 for tattooing  71 weighing and measuring  73, 76 applesauce or apple puree  211 appliances  cooking 99, 172 depilation 69 glue-​heating  99 installation of electric  260 appraisal services  art 253 business 253 jewelry 253

 457

Index numismatic 253 real estate  253 stamps 253 aquacultural products, raw and unprocessed 226, 227 aquaria and related items, transfer to Class 21 135 aquarium  filtration 135 gravel 135 heaters 135 lights 135 sand 136 arcade video game machines  201 armchairs for medical or dental purposes 88, 89, 93 armored-​car transport  270 arrows 110 art  antique, appraisals for  253 appraisals 253 authenticating of works of  294 floral 302, 305 metals in foil and powder form used in  12–​13, 46, 47, 52 objects not of precious metals excluded from Class 14  113, 117 presentation of works of to the public 282, 285 restoration of works of  264 works of  metal  46, 51–​2 paper or cardboard  124, 132–​3 artificial body parts (limbs, eyes, and teeth)  75, 88, 89–​90 artificial breasts  88, 92 artificial flowers  190, 191–​2 wreaths of 192 artificial fruit  191 artificial garlands  192 artificial insemination  302, 304 artificial resins, unprocessed  1, 2–​3 artificial snow for Christmas trees  202 artificial snow-​making services  264 artificial sweeteners  8 artificial turf  198 artists  hand tools for  124, 133 in Class 8  65, 66 excluded from Class 16  124, 133 materials for 13 in Class 16 heading  124, 128–​9 modeling for  284 paintbrushes 13 paints, varnishes, and lacquers included in Class 2  10, 13 water-​color saucers  124, 128, 132 asbestos and goods made from  130, 182, 185 in Class 17 heading  137, 138, 139, 140

457

paper 125 safety curtains  182, 183, 185 screens for firemen  137, 144–​5 screens for firemen, transfer of  85 ashtrays 41, 239 asphalt 260 in Class 19 heading  152, 153 athletic supporters, men’s  208 atomic installations  102 atomic piles  102 fuel for 8 audiovisual teaching apparatus  77, 124, 129, 133–​4 authenticating works of art  294 automobiles  camping 153 carpets  107–​8, 198 custom manufacturing  276, 279 custom painting  276, 279–​80 lights 107 paint for 11 rental 271 see also vehicles auxiliary fluids  inclusion in Class 1  19 for use with abrasives  4 aviaries of metal  49 awnings  in Class 22 heading  175, 176 of textile  162 babies  bottles 91 equipment for in Class 10  95 food for  95, 209 in Class 5  34, 36–​7 excluded from Class 29  23 excluded from Class 30  218, 222 napkin-​pants (diaper-​pants)  34, 39–40, 88, 93 of textile  189 pacifiers 91, 95 pants 189 playpens 164 baby sitting  315 bacteriological research  289 badges, ornamental novelty (buttons)  195–​6 badian essence  20 baggage inspection for security purposes  315 bags  adapted to product they are intended to contain 146, 150 beach 147 body  175, 178–​9 cameras and photographic equipment 146, 150 carrying  146, 147, 148–​9 confectioners’ decorating bags (pastry bags)  176

458

458

Index

bags (cont.): cricket 176 game (hunting)  203 garbage 130 garment, for travel  147 golf  146, 150, 175, 180, 206 handbags 147 laptops  146, 150, 176 mail  175, 178–​9 for microwave cooking  130 musical instrument  146, 150 net, for shopping  147 nose (feed bags)  148 not in Class 22 heading  175, 180 not otherwise classified by function or purpose  175, 178–​9 packaging  175, 179, 180 randsels (Japanese school satchels)  147 rubber  137, 141–​3 school  146, 147, 148–​9 skis  146, 150, 206 sleeping  157, 162, 182, 184 sling, for carrying infants  146, 147, 148–​9, 150–​1 surfboards  146, 150, 206 traveling  146, 147, 148–​9 vacuum cleaners  63 for washing hosiery  175, 178–​9 wheeled shopping  147 for wrapping and packaging  124, 129–​30 bags (envelopes, pouches)  of paper or plastics, for packaging  130, 137, 142, 176 of rubber for packaging  137, 142, 176 of textile, for packaging  130, 137, 142–​3, 176, 177 bakery products  219 baking powder  218, 220 bamboo curtains  182, 185 bandages 88, 93 adhesive  34, 37–​8 for dressings  42 hygienic 189 for joints  90 knee 90 menstruation 92, 189 supportive  37–​8, 88, 90, 92 not included in Class 5  34, 42 slings 95 see also materials for dressings banking, financial evaluation of  257 banking services  311 bank loans  242, 246–​7 barbecue grills  104 barbecues, floor mats, fire-​resistant for  197 bark, raw versus for pharmaceutical purposes 232 barley, crushed  217 barrettes (hair slides)  190, 191, 193 barriers, floating anti-​pollution  137, 140

baseball gloves  202 baskets for domestic use  163 bathing suits  202 bathtubs 100, 103 batting gloves  202 bauxite 46, 47, 52 bayonets  68, 69–​70 beach bags  147 bead curtains for decoration  182, 183, 185 beads for jewellery  113, 117, 157, 163 beams see wood, semi-​worked beard dyes  19 bedding 157, 160 linen 160, 183 excluded from Class 20  157, 162 beds 162, 184 blankets 185 covers 184 of paper  132, 185 hospital 88, 93, 94 linen 160, 183 of paper  124, 134–​5, 182, 184 for medical purposes  89, 93, 161 bedspreads  182, 183, 184 bedwarmers 97, 101 beehives, comb foundations for  159 beer 234, 237 birch 234 in Class 32 heading  233 ginger 234 malt 237 bells  musical instrument  123 signal 76 belts  clasps 191 for clothing  90, 146, 150, 194 conveyer, non-​slipping preparations for  31–​2 for medical purposes  90 benzene 30, 33 benzine 33 benzol 33 bergamot oil 20 beverages  aerating apparatus  64 alcoholic (except beer) in Class 33 heading 237 almond milk-​based  217, 236 for animals in Class 31 heading  226, 228 chocolate-​based  218, 219, 221 excluded from Class 32  233, 235 with milk  212–​13 chocolate, with milk  219 in Class 32 heading  233–​5 cocoa-​based  218, 219, 221 excluded from Class 32  233, 235 coconut milk-​based  217, 236 coffee-​based  218, 219, 221 excluded from Class 32  233, 235 colorants for  10, 13–​14

 459

Index de-​a lcoholized  233, 234–​5, 237, 238 dietetic  for medical or veterinary use  34, 41 not for medical or veterinary use 34, 42 fruit  233–​4 isotonic 235 for medical purposes  233, 235 not included in Class 33  237, 238 milk  217, 221, 236 milk-​based  209, 211, 212–​13, 236 excluded from Class 32  233, 235 peanut milk-​based  217, 236 for pets  228 rice-​based  217 other than milk substitutes  236 soy-​based  217 other than milk substitutes  236 syrups for making  233, 234 tea-​based  218, 221, 235 see also drinks; specific beverages bibs  disposable paper  124, 132 not of paper  132 bicarbonate of soda  for chemical purposes  220 for cooking purposes  220 for pharmaceutical purposes  220 bicycle assembly machines  62 bicycle kickstands  109 billiard tables, coin-​operated  79 binding compositions see dust absorbing, wetting, and binding compositions binding strips (bookbinding)  126 bingo cards  207 biological preparations  35 birch beer  234 birds  baths 49, 154 birdhouses 159 food 228 bits for animals (harness)  148 bitumen  in Class 19 heading  152, 153 coatings for roofing  153 varnish 153 blackboards 78, 134 blankets  bed 185 electric  98, 182, 185 horse 182, 186 printers’ blankets  not of textile  130 of textile  130, 183 bleaching  chemicals 18 gels, dental  25–​6, 38 preparations for laundry use  17, 18 blinds  indoor window  157, 159–​60

459

outdoor, of metal/​not of metal and of textile/​ not of textile  157, 162 paper blinds not included in Class 16  124, 134–​5 blood bank services  308 blood samples, taking of  302, 304, 307 blow pipes  66 blueberries 210 boarding for animals  297, 299, 302, 307 boarding houses  297, 298 boarding schools  297, 300 boats  hooks 194 rental 271 storage 270 body bags  175, 178–​9 body parts, artificial  88, 89–​90 bolts  of metal  46, 51 not of metal  157, 161 bonbons, explosive (Christmas crackers)  203 bone 157, 163 unworked or semi-​worked in Class 20 heading 157, 159 bone fixation implants, biodegradable  88, 92 bookbinding  apparatus 126 cloth 126 cords 126 fabrics 182, 186 material 124, 126 book-​keeping  243 books  publishing of  77, 125, 129, 134, 286 scrapbooks 124, 131 books of cigarette papers  240 boots  skating with skates attached  188 ski 188, 202 for sports  188 bottle openers  169 bottles 168 for babies  91 cork for  232 feeding 95 hot water  97, 101 bottle washing machines  57 bottling services  275 bouillons for bacteriological cultures  43 bows  for the hair  192 weapon 110 boxes  jewelry  113, 116–​17 juke boxes  78 of leather or leatherboard  146, 149 litter, for pets  166 metal  46, 51–​2 musical 120, 121 nesting boxes for household pets  158

460

460

Index

boxes (cont.): paint 10, 14 sewing 191 see also letter boxes bracelets  anti-​rheumatism  45 for medical purposes  45 braid 190, 191 brain pacemakers  88, 92 bran flakes  221 bread 220 boards  165, 168–​9 in Class 30 heading  218, 219 diabetic 37, 41 breakfast cereals  221 breast-​nursing pads  88, 93 breasts, artificial  88, 92 breath freshening sprays  225 breathing apparatus for underwater swimming 77 brickwork preservatives  11 bridges  259, 261, 269, 271 broadcasting  radio  242, 243, 246–​7 television  242, 246–​7 brokers/​brokerage  252, 254, 255, 257, 269, 273, 274 accommodation 297, 298 freight 255, 272 of real estate  252, 255 shares 252, 255 transport  255, 269, 272 brooms 167 handles 55 brushes  19, 167, 171, 173 of animal bristles  167 for cleaning firearms  112 except paint brushes in Class 21 heading 165, 167 horse 148 paint brushes in Class 15 heading  124, 128–​9 brush-​making materials in Class 21 heading 165, 167 bubble packs (plastic) for wrapping or packaging 130 buckles  clothing accessories  190, 191, 193–​4 of common metal (hardware)  55, 194 shoe 194 buffers of rubber, shock-​absorbing  137, 141–​3 building  bridges  259, 261, 269, 271 construction  in Class 37 heading  259, 260, 261 supervision 261 framework for 48 glass  152, 155, 165, 173 insulating 137, 143

materials  coatings 152 hiring 259, 262 metal  46, 47–​8, 50–​1 non-​metallic  47, 152–​3 restoration  259, 262–​3 sealing 263 buildings  damp-​proofing  260 demolition of 260 steel 49 transportable  metal  46, 51, 153 non-​metallic  152, 153–​4 bulbs 226, 228 bulldozers 60 buoys  life 77 marking 75 signaling 75, 76 burial services  311, 316 business  administration in Class 35 heading  242, 243–​4 appraisals  244, 246, 253, 291 card cases  146, 149 evaluations and evaluation services excluded from Class 42  288, 291 management in Class 35 heading  242, 243–​4 outsourcing services  249–​50 research 244, 289 excluded from Class 42  288, 291 busts  of metal  46, 51–​2 of stone, concrete, or marble  153 butter 211, 212 butterfly nets  206 buttons 195 in Class 26 heading  190, 191 ornamental novelty badges  195–​6 cabanas not of metal  153 cable cars  106 cables 49 electric  46, 52–​3 of metal  49 non-​electric  46, 49, 52–​3 cafeteria services  297 cages for animals  aviaries of metal  49 household pets  46, 53, 166 of metal for wild animals  46, 51 wild animals  51 caissons 106 calculating machines  57, 73, 79–​80 calibration services  289 calligraphy services  287 camel hair  177

 461

Index cameras 75 bags 146, 150 camouflage screens (sporting articles)  208 campground facilities, providing  300 camping cars  153 camping furniture  157, 159–​60 canal locks, operating  271 candies 219 candles  for Christmas trees  200, 202, 204 holders for Christmas trees  202 inclusion in Class 4  28, 30–​1 perfumed 32 wicks 31 cane goods in Class 20 heading when not in other classes  157, 163 canes 147 quad 91 can of fruit filling  219 canned pressurized air for cleaning and dusting purposes 25 canned tomatoes  220 cans, garbage  166 canvas for painting  133 cardboard, and cardboard goods in Class 16 heading when not included in other classes  124, 125, 132–​3, 134–​5 cargoes, salvage of  269, 271–​2 carillons 123 carnival masks  200, 203 carpets  for automobiles  107–​8, 198 in Class 27 heading  197–​8 sweepers 167 car rental  271 motor racing cars  271 carrying bags  146, 147, 148–​9 cases  adapted to product they are intended to contain 146, 150 business card  146, 149 for holding or securing paper  124, 131 of leather or leatherboard  146, 149 for musical instruments  120 cash registers  73, 79–​80 casino facilities  283 casters, furniture  46, 51 non-​metallic  157, 161 catalogues 125 cattle marking tools  66 caviar 211 cedarwood oil 20 cell phones/​cellular phones  86 cement preservatives  152, 155 cement-​waterproofing preparations 152, 155 central heating installations, ducts of metal for 103 central vacuum cleaning installations  61

461

cereals 213 bran flakes  221 corn flakes  221 grains 227 included in Class 30  218, 219, 221 seeds, unprocessed  227 unprocessed  excluded from Class 30  218, 223 included in Class 31  226, 229 wheat 227 see also oats; rice chain saws  70 chains, key  116, 190, 194 chairs, rental of  301 chamber pots  166 chamois leather for cleaning  146, 150, 167 changes in 11th Edition of Nice Agreement  in Class 2  16 in Class 3  27 in Class 5  33, 45 in Class 6  55 in Class 7  63–​4 in Class 8  71 in Class 9  86 in Class 10  96 in Class 11  104 in Class 12  109 in Class 14  119 in Class 16  136 in Class 18  151 in Class 21  174 in Class 29  216–​17 in Class 32  236 in Class 35  251 in Class 36  258 in Class 41  287 in Class 42  295–​6 in Class 45  transfer from Class 4 to Class 1: chemicals 33 transfer from Class 5 to Class 10: bracelets and rings (medical purposes)  45 transfer from Class 8 to Class 21: kitchen utensils 72 transfer from Class 16 to Class 14: rosaries and chaplets  136 transfer from Class 16 to Class 21: aquaria 135 transfer from Class 17 to Class 9: asbestos screens for firemen  85, 145 transfer from Class 21 to Class 3: cloths impregnated with detergent for cleaning 26 see also deletions chaperoning 313 chaplets  118–​19, 136 charms  jewelry  113, 116, 190, 195 for key rings or key chains  190, 195

462

462 charms (cont.): other than for jewelry  190, 194 other than for jewelry, key rings, or key chains 116, 195 charts 129 checkbooks, holders for  124, 131 checking (supervision) apparatus and instruments 73, 76 cheese 211 slicers 71 chemicals  aggressor repellent  9 agriculture, used in  1, 2 bleaching 18 chimney cleaners  17, 22 in Class 1  1–​6 in Class 2  10–​14 in Class 3  18–​22 in Class 5  35–​41 cleaners for chimneys  18 forestry, used in  1, 2 fungicides  1, 3, 7, 34, 38–​9 horticulture, used in  1, 2 industry, used in  1, 2 for leather tanning  4 medical science, used in  1, 7 metals for serving a chemical function 46, 52 photography, used in  1, 2 for preserving foodstuffs  1, 4 raw versus final products  2 reagents 35 other than for medical or veterinary purposes 35 research 289 science, used in  1, 2 vine disease preventing/​treating  39 chicken-​houses  154 childbirth mattresses  88, 92, 93 childbirth products  88, 92 chimney  chemical cleaners  17, 18, 22 sweeping 260 chips  cereal products  211 fruit 211 potato 211 chiropractic 303 chisels  124, 128, 133 chocolate 221, 235 -​based beverages  218, 219, 221 with milk  212–​13 not included in Class 32  233, 235 beverages with milk  219 decorations for Christmas trees  200, 204 fountains, electric  104 choppers  meat 67 vegetable 67

Index Christmas crackers  203 Christmas trees  228 artificial snow for  202 candles  200, 202, 204 holders for  202 confectionary and chocolate decorations for 200, 204 decorations 200, 202 electrical lights for  98, 200, 202, 204 ornaments for, except illumination articles and confectionery  202 of synthetic material  192, 202 chromatography apparatus for laboratory use 74 chromium plating of vehicle bumpers 278 chronographs 83, 115 chronometric instruments see horological and chronometric instruments cider 236, 238 non-​a lcoholic  235–​6, 238 cigarettes 239 electronic  88, 93–​4 holders 240 papers  124, 134–​5 without tobacco, for medical purposes  34, 41, 88, 93–​4, 239, 241 cigars 239 boxes/​cases  113, 239 of precious metal  118 cutters 240 holders 239 cinematographic apparatus and instruments  73, 75–​6 circular slide rules  86 citric acid  as food preservative  4 for industrial purposes  4 citron, essential oil of  20 civilian drones  108 clams, not live  215 clasps  belt 191 for jewelry  113, 117 Class 1  deletions 9 exclusions  1, 6–​8 heading  1, 2–​5 inclusions  1, 5–​6 Class 2  changes in 11th Edition  16 exclusions  10, 14–​15 heading  10–​13 inclusions  10, 13–​14 Class 3  changes in 11th Edition  27 exclusions  17, 22–​3 heading  17, 18–​21 inclusions  17, 21–​2

 463

Index Class 4  changes in 11th Edition  33 exclusions 28, 31 heading  28–​31 inclusions 28, 31 Class 5  changes in 11th Edition  45 exclusions  34, 41–​2 heading  34–​9 inclusions  34, 39–​41 Class 6  changes in 11th Edition  55 exclusions  46, 52–​4 heading  46, 47–​50 inclusions  46, 50–​2 relationship to Class 20  48 Class 7  companion classes  56 exclusions  56, 61–​2 heading  56, 57–​61 inclusions 56, 61 Class 8  changes in 11th Edition  71 exclusions  65, 69–​70 heading  65, 66–​8 inclusions  65, 68–​9 Class 9  changes to 10th Edition, reiteration of  85–​6 changes to 11th Edition  86–​7 exclusions  73, 82–​4 firefighting apparatus, clarification of  86–​7 heading  73, 74–​80 inclusions  73, 80–​2 modernization 86 Class 10  changes in 11th Edition  96 exclusions  88, 93–​4 heading  88, 89–​91 inclusions  88, 92–​3 Class 11  changes in 11th Edition  104 exclusions 97, 102 heading  97–​101 inclusions  97, 101–​2 Class 12  changes in 11th Edition  109 companion class to Class 7  106 exclusions 105, 107 heading  105–​6 inclusions  105, 106–​7 Class 13  exclusions 110, 112 heading  110–​11 Class 14  changes in 11th Edition  119 exclusions  113, 117–​18 heading  113, 114–​15 inclusions  113, 116–​17 jewellery/​jewelry  119

Class 15  exclusions 120, 122 heading  120–​1 inclusions  120, 121–​2 Class 16  changes in 11th Edition  136 exclusions  124–​5, 133–​5 heading  124, 125–​30 inclusions  124, 131–​3 Class 17  exclusions  137, 143–​5 heading  137, 138–​9 inclusions  137, 140–​3 Class 18  changes in 11th Edition  151 exclusions  146, 149–​50 heading  146, 147–​8 inclusions  146, 148–​9 Class 19  exclusions 152, 155 heading  152– ​4 inclusions  152, 154–​5 Class 20  exclusions  157, 161–​3 heading  157, 158–​9 inclusions  157, 159–​61 Class 21  changes in 11th Edition  174 exclusions  165, 171–​3 heading  165, 166–​8 inclusions  165, 168–​71 Class 22  exclusions  175, 179–​80 heading  175, 176–​7 inclusions  175, 177–​9 Class 23, heading  181 Class 24  exclusions  182, 185–​6 heading  182–​3 inclusions  182, 184–​5 Class 25  exclusions  187–​8 heading 187 Class 26  exclusions  190, 194–​5 heading  190–​2 inclusions  190, 192–​4 Class 27  exclusions  197, 198–​9 heading  197– ​8 Class 28  exclusions  200, 204–​5 heading  200–​1 inclusions  200, 202–​4 Class 29  changes in 11th Edition  216–​17 exclusions  209, 213–​15 heading  209, 210–​12 inclusions  209, 212–​13

463

464

464 Class 30  exclusions  218, 222–​3 heading  218, 219–​21 inclusions 218, 221 Class 31  exclusions  226, 231–​2 heading  226, 227–​9 inclusions  226, 229–​30 Class 32  changes in 11th Edition  236 exclusions 233, 235 heading  233– ​4 inclusions  233, 234–​5 Class 33  exclusions 237, 238 heading 237 Class 34  exclusions 239, 241 heading  239– ​40 inclusions 239, 240 Class 35  changes in 11th Edition  251 exclusions 242, 247 heading  242, 243–​4 inclusions  242, 245–​7 Class 36  changes in 11th Edition  258 heading  252– ​4 inclusions  252, 254–​7 Class 37  exclusions 259, 263 heading  259, 260–​1 inclusions  259, 261–​3 Class 38  exclusions  265, 266–​7 heading  265– ​6 inclusions 265, 266 Class 39  exclusions  269, 273–​4 heading 269, 270 inclusions  269, 271–​3 Class 40  exclusions  276, 279–​80 heading 276, 277 inclusions  276, 278–​9 Class 41  changes in 11th Edition  287 heading  282– ​4 inclusions  282, 284–​5 Class 42  changes in 11th Edition  295–​6 exclusions  288, 291–​3 heading  288, 289–​90 inclusions 288, 291 Class 43  exclusions  297, 299–​300 heading  297– ​8 inclusions  297, 298–​9 Class 44  exclusions  302, 305–​7

Index heading 302, 303 inclusions  302, 304–​5 Class 45  exclusions  310, 312–​15 heading  310, 311–​12 inclusions 310, 312 claws, animal  159 clay, modeling  128, 135 clean chambers (sanitary installations)  103 cleaning  appliances utilizing steam  61 articles for cleaning purposes in Class 21 heading 165, 167 brushes for firearms  112 canned pressurized air for  25 chamois leather for  146, 150, 167 cloths impregnated with a detergent for  26 dry pressurized air for  225 machinery 57 machines and apparatus, electric  56, 61 oils for  28, 29 services 260 steel wool for  165, 173 cleaning preparations  2, 17, 18–​19 chemical chimney  17, 22 excluded from Class 21  165, 171 inclusion in Class 3  17, 18–​19 clearing services  252, 254 clippers  electric 65, 69, 82 hair  69, 165, 171 nail 165, 171 clips  money 124, 131 paper 124, 131 clocks  73, 83, 115 component parts for  113, 117 control (master clocks)  73, 83 grandfather 115 hands 113, 117 mantle 115 movements for  113, 117 cloth  bookbinding 126 cutting 263 dyeing 263 excluded from Class 37  259, 263 fulling 281 impregnated with detergent for cleaning  26 see also fabrics clothing 183 for animals  146, 148 cyclists 202 deodorants for 44 dyes 13 electrically heated included in Class 11 97, 101 fastenings for  116 for gymnastics and sports  205, 220 made for laboratories  85

 465

Index made of leather or imitation leather excluded from Class 18  146, 149–​50 paper  124, 125, 132, 134–​5, 188 for pets  148 for protection against fire  188 rental 315 spangles for  191 special, for medical purposes  88, 92 for special use not included in Class 25  187–​8 storage services  259, 263 trim and embellishments for  191 cloud computing  296 clutch linings  139 coasters (table linen)  183 coatings  building materials  152 paints 152 cocktails 237 cocktail shakers  165, 168–​9 cocoa  213, 221, 235 -​based beverages  218, 219, 221 not included in Class 32  233, 235 in Class 30 heading  218, 219 coconut milk/​milk-​based beverages  217, 236 cocoons 175, 179 cod liver oil  28 coffee  213, 221, 235 artificial 218, 219 -​based beverages  218, 219, 221 excluded from Class 32  233, 235 in Class 30 heading  218, 219 iced 235 mills, electrical  82 coffins 159 coin banks  169 coin-​operated apparatus mechanisms  73, 79 coin-​operated billiard tables  79 coin-​operated washing machines  79 coins, detectors of false  76 collars  for animals  146, 148 antiparasitic for animals  148 for fastening pipes, non-​metallic  157, 161 colorants  for food and beverages  10, 12, 13–​14 see also dyes comb foundations for beehives  159 combs 172, 173 in Class 21 heading  165, 167 electric 82, 170 foundations for beehives  159 lice 165, 172 non-​electric  165, 170 commercial administration of licensing of goods and services of others  249 commercial information and advice for consumers (consumer advice shop)  249 commercial undertaking, providing direct aid in the operations or functions of  310, 312–​13

465

compact discs  73, 79 compasses for drawing  129 competitors’ numbers  196 compilation of mathematical or statistical data  242, 244, 246 compost  1, 5–​6 compotes in Class 29 heading  209, 211 compression garments  88, 92 computer aided transmission of messages and images 290 computer databases, updating and maintenance of data in  251 computer data security  288, 291 computer hardware  design and development  288, 290 installation, maintenance, and repair  260, 288, 290, 292 computerized file management  244, 288, 292 computer printers, inking ribbons for  127 computer programming  261, 290, 292 services for protection of computer software 310, 314 computer programs (downloadable software)  73, 80, 82, 84 computers  73, 79–​80, 201 global network  268 monitoring of systems for detecting unauthorized access or data breach  295 printers  127– ​8 ink for  127 virus protection services  294 computer security  310, 314 computer sites (web sites), hosting  268, 290 computer software  73, 80, 82 computer services for protection of  310, 314 design and development  288, 290 installation, maintenance, and repair  261, 290, 292 recorded 78 updating 290 used in medical diagnosis  95 computer and technology services  288, 291 concrete preservatives  11 condiments see sauces condoms 88, 92 conducting funeral ceremonies  316 conductors, electric  168 conductors’ batons  120 confectioners’ decorating bags (pastry bags)  176 confectionery  and chocolate decorations for Christmas trees 200, 204 in Class 30 heading  218, 219 for decorating Christmas trees  202 confetti 200, 203 conjuring apparatus  203 construction  bridges  259, 261, 269, 271 inspection of construction plans  259, 261 see also building

466

466 consultancy 248, 253 in field of energy-​saving  294–​5 in field of furniture  248 contact lenses  75 cleaning preparations  18 containers 49 for household or kitchen use  46, 53–​4, 165, 166 metal for storage or transport  46, 49–​50 non-​metallic for storage or transport  157, 158–​9 contraception products  88, 92 control clocks (master clocks), excluded from Class 9  73, 83 convalescent homes see rest and convalescent homes cookie (biscuit) cutters  169–​70 cooking 82 apparatus  97–​8, 99 electromechanical 73, 82 appliances 99, 172 mold 170 pans  165, 168–​9 pots  165, 168–​9 salt 220 stoves 99 utensils  electric  97, 102, 165, 172 non-​electric  172 cookware 166 co-​operative credit associations  252, 254 copra 227 copying see photocopying machines coral 115, 159 cords  175, 177–​8 of rubber  176, 178 cork 159 for bottles  232 goods in Class 20 heading when not included in other classes  157, 163 rough 227, 232 corkscrews  165, 166, 168–​9 corn dogs  216 corn flakes  221 corsets  hooks for  194 whalebone for  159 cosmetics 27 dyes 10, 14 greases for 29 inclusion in Class 3  17, 19–​20 kits 24 make-​up removing preparations  24 petroleum jelly for  29 research 289 for skin care  24 cost price analysis  244 cotton  fabrics 182 for medical purposes  43

Index raw 177 see also threads and yarns cotton wool, multiple classification of  18 couplings and transmission components for land vehicles  included in Class 12  105, 106 other than for land vehicles excluded from Class 12 106 covers  bed 184 of paper  132, 185 garment 147 for holding or securing paper  124, 131 for horse saddles  148 table 182 vehicle, not fitted  175, 178 cranberry sauce  211 cream 211 credit card cases (wallets)  149 credit institutions, services of  252, 254 cricket bags  176 cruets 174 cruet stands for oil and vinegar  174 cuff links  113, 116 cultivators 59 cultural activities in Class 41 heading  282, 283–​4, 285 culture media  43 cups  of paper  124, 134–​5, 166 plastic  157, 163, 166 current generators  99 curtains  asbestos safety  182, 183, 185 bamboo 182, 185 bead 182, 185 hardware related to  164 holders 164 hooks 164, 194 rails 164 rings 164 rods 164 rollers 164 of textile or plastic  182, 183, 185 cushions  except of rubber or plastic  175, 177 pin 191 custom assembling of materials for others  278 customization services  276, 279–​80 cuticle nippers  165, 171 cutlery  65, 66–​8, 71 of precious metal  65, 68 surgical, excluded from Class 8  65, 69 table  165, 171–​2 see also knives cutters 66, 127 paper 124, 131 pizza (non-​electric)  71 cutting blow pipes  66 cutting fluids  31

 467

Index cutting machines  127 cutting services  276, 278 cutting, welding, and soldering instruments, electric and gas-​operated  66 cyclists’ clothing  202 damp-​proofing  260, 263 dams construction  259, 261 darkroom lamps  98 darning lasts  191 data  carriers, magnetic  73, 78–​9 encryption services  295, 310, 314 and information, detection of unauthorized access to  288, 291 magnetic carriers  73, 78–​9 processing apparatus  73, 79–​80 security consultancy  295 databases, providing access to  268 day care centers/​day-​nurseries (crèches) 300  de-​a lcoholized drinks  233, 234–​5, 237, 238 decanters 171 stands  165, 170–​1 decorating, metals in foil and powder form used in  46, 47, 52 decorations  chocolate, for Christmas trees  200, 204 Christmas trees  200, 202 for foodstuffs  16 hair  190, 191, 192 items in glassware, porcelain, or earthenware  165, 167, 168 see also statues/​statuettes decorative objects versus sports equipment or toys  205–​6 decorative wall hangings, not of textile  198 decoy for hunting or fishing  200, 203, 205 degreasers  included in Class 3  23–​4 preparations for industry, not included in Class 3  17, 22 deletions  aggressor repellent chemicals in Class 1  9 of outdated terminology in Class 2  16 of tuition in Class 41  287 word processors, accounting machines, pince-​nez entries in Class 9  86 demolition of buildings  260 dentistry  abrasives 19, 21, 38 amalgam of gold  118 apparatus and instruments in Class 10  88, 89–​90 armchairs 88, 89, 93 bleaching gels  25–​6, 38 dentures 75 adhesives 5 polish 18 lacquer 38 material for stopping teeth  34, 38

467

mirrors 157, 163 porcelain for prostheses  165, 173 rubber  137, 144–​5 services 303 wax 34, 38 dentrifices  17, 20–​1, 25, 27, 38 medicated  17, 23, 34, 40 deodorants 36, 40 air deodorizing products  42–​3 for clothing and textiles  44 for human beings or animals  excluded from Class 5  34, 41–​2 included in Class 3  17, 21 other than for human beings or animals  41–​2 excluded from Class 3  17, 22–​3 included in Class 5  34, 40 personal 44 soaps 19 depilation  appliances 69 wax 32 design  interior 294 see also garden design; landscape design desktop publishing, electronic  276 dessert products  219, 234 deterioration prevention  10, 11, 260 see also preservatives detonating caps  other than toys  201 toys 201 detonating plugs  111 devices for holding or securing paper  124, 131 diabetic bread  37, 40 diagnostic preparations  35 diapers for babies and incontinents  in Class 5  34, 39–40 in Class 10  88, 93 diapers for pets  39–40 dietary supplements  34, 37, 40–1, 209, 214 for animals  34, 37, 226, 231 flaxseed oil  37, 214, 223 for humans  34, 37 intended to supplement a normal diet or to have health benefits  34, 40–1 linseed  37, 214, 223 for medical purposes  223 not included in Class 30  218, 222–​3 for veterinary purposes  223 yeast 223 dietetic food  for medical use  34, 36–​7, 41, 94 in Class 5  34, 36–​7, 41 not included in Class 29  209, 213 not included in Class 30  218, 222 not for medical or veterinary use  34, 42 digital photo frames  86 digital recording media  73, 79 digitization of document (scanning)  295 direction signals for vehicles  98

468

468

Index

disabled, therapeutic and assistive devices adapted for  88, 90–​1 discotheque services  297, 299 discs  compact 73, 79 recording  73, 78–​9 dishes 166, 171 stands  165, 170–​1 see also table plates dishwashing machines, drying agents for  26 disinfectants 38, 39 in Class 5  34, 38 vacuum cleaners  63 disinfecting 260 apparatus 101 display stands  158 newspaper  157, 159–​60 disposable paper products  124, 132 disposable table plates  173 distribution machines, automatic see vending machines divers’ masks  77 diving  boards 154 equipment excluded from Class 28  200, 204 suits 77, 188 divot repair tools (golf accessories)  207 DNA chips  85 docks, services connected with  269, 271–​2 document files  124, 131 document reproduction  244 dogs  kennels 148, 158 whistles 148 dolls 205 domestic pet toys  206 doors  classification of 48 knockers, not of metal  55 knockers of metal  55 dowels, non-​metallic  157, 161 draught excluder strips  139 drawer liners  32 drawing  boards 128 compasses 129 materials  124, 128–​9 pens 128 rulers  76, 81, 129 squares 129 drawing up statements of account  244, 246 dress designing  289, 294 dressings  bandages for 42 materials for  34, 37–​8, 42 medical 88, 93 for salad  214 surgical 42 driers see drying apparatus drilling of wells  260, 292

drills 66 drink catering  297 drinking glasses  166, 168 drinks  de-​a lcoholized  233, 234, 235, 237, 238 preservatives 298 services for providing  297–​8, 299 see also beverages; specific beverages drones 108 dry-​cleaning preparations  25 drying agents for dishwashing machines  26 drying apparatus  in Class 11  97–​8, 100 heat as distinction between Class 7 and Class 11 57 ducts for ventilating and air-​conditioning installations 103 duplicators  124, 127, 131 dust absorbing, wetting, and binding compositions  28, 29–​30 dusting, canned pressurized air for  25 dusting cloths (rags)  167 dust removing installations for cleaning purposes 61 DVDs in Class 9 heading  73, 79 dyeing cloth or clothes  263 excluded from Class 37  259, 263 included in Class 40  276, 278 dyes  beards 19 for clothing  10, 13 for cosmetics  10, 14 food 12 hair 19 ear plugs (ear protection devices)  95–​6 earthenware  in Class 21 heading  165, 168 goods excluded from Class 21  165, 173 tiles 165, 173 earth moving machines  60 easels, painting  124, 132 economic forecasting  246 edible fats  212 edible ices  218, 219, 221 edible ink cartridges, filled, for printers  16 edible oils and fats  209, 212 education  in Class 41 heading  282–​3, 284, 285 excluded from Class 45  310, 313 organization of exhibitions  282, 285 efficiency experts  244 eggs  -​candlers  76 in Class 29 heading  209, 211 fertilized for hatching  228 excluded from Class 29  209, 214–​15 included in Class 31  226, 230 incubators for  56, 60 powdered 211

 469

Index slicers, non-​electric  71 timers (sand glasses)  84–​5 eiderdowns 157, 162 elastic threads and yarns  137, 141 electric apparatus  arc welding/​cutting  66 chocolate fountains  104 for cleaning  56, 61 clippers 65, 69 clothing, heated  97, 101, 104 combs 82, 170 for cooking  kettles 97, 102 knives 66 for mincing, grinding, pressing  67, 165, 169, 171 utensils 97, 102 devices for attracting and killing insects 170 flat irons  82 glue guns  98–9 hair curlers  191, 193 heated blankets, electrical  182, 185 lights for Christmas trees  98, 200, 202, 204 musical instruments  120, 121–​2 nail extractors  64 not included in Class 9  73, 82–​3 razors 65, 69 screwdrivers 70 ski edge sharpening tools  64 socks, electrically heated  87 soldering irons  66 space heating  82 tools 71 toothbrushes  82–​3, 165, 170 tortilla presses  104 warming pans  97, 101 electric cables  46, 52–​3 electric contacts  113, 118 electricity  apparatus and instruments for conducting, switching, transforming, accumulating, regulating, or controlling in Class 9 heading 73, 78 electrical energy  32–​3 generators of 99 repair services  259, 262–​3 electronic book readers  86 electronic bulletin board services (telecommunications) 267 electronic cigarettes  88, 93–​4 flavorings other than essential oils for use in 224 electronic collars for animal training  148 electronic desktop publishing  286 electronic mail  266 electronic media  242, 245–​6 electronic monitoring of credit card activity to detect fraud via the Internet  295

469

electronic monitoring of personally identifying information to detect identity theft via the internet  295 electronic publications, downloadable  84, 286 electronic targets  208 elevator installation  260 embalming services  316 embroidery 190, 191 gold and silver  118 emery 24, 71 boards  71, 165, 171 cloth 24, 71 files 24 added to Class 8  71 paper 18, 24, 71 products 24 employment agencies  244 energy  distribution 270 electrical see electricity production 280 saving  294–​5 engineering 289 bridges  259, 261, 269, 271 evaluation and reports of engineers  242, 247 excluded from Class 35  242, 247 included in Class 42  288, 291 services 288, 291 engineers, evaluations and reports of  242, 247 engraving 263 entertainment  in Class 41 heading  282, 283, 284 radio and television  242, 246–​7 ticket agency services  286–​7 see also performances, live entomological pins  191 envelopes  124, 132–​3, 137, 141–​3 environmental control apparatus  anti-​pollution barriers, floating  137, 140 in Class 11  97 escorting  social escort services  310, 312, 313 in society (chaperoning)  313 of travellers  310, 313 essences  alcoholic 237 ethereal  19–​20 for food preparation  220 essential oils  of cedar wood  20 of citron  20 inclusion in Class 3  17, 19–​20 ethereal essences  19–​20 ethereal oils  19–​20 evaluations and evaluation services  standing timber  257 of wool  257 see also financial evaluations exchange brokers  252, 254 exhibitions, organization of  282, 285

470

470

Index

explosives  110, 111, 112 firing lanyards for  111 fuses for  111 exterior paint  11, 124, 132 exterminating  rat 260 see also vermin exterminating extraction see mining extraction; oil extraction extracts products  hops for beer making  234 malt 229 meat 209, 210 eyeglasses 76 eyes (textile-​working)  190, 191 fabrics  for bookbinding  182, 186 insulating  145, 182, 186 see also cloth fabric softeners  18 facsimile transmissions  266 factory inspection for safety purposes  315 false beards  190, 192–​3 false coin detectors  76 false eyelashes  19, 24–5, 190, 193, 194 false hair see hair, false false nails  19, 24 fancy goods see embroidery farming equipment, rental of  303 fashion shows  250–​1 fastenings for clothing  116 fats, edible see oils and fats, edible feathers  as clothing accessories  191 for stuffing upholstery  167, 177, 180 feed bags  148 feeding bottles  95 teats 95 feeding troughs  166 felt, insulating  145 fencing  gauntlets 202 weapons 65, 70 fertilizers 3 fiberglass 168 for insulation  139 for textile use  181 fibrous textile, raw  179 figurines see decorations; statues/​statuettes file management, computerized  244 film  exposed 126 sensitized unexposed  8 films  anti-​dazzle films for windows (tinted films) 137, 141 plastic film other than for wrapping  130, 137, 139, 141 production, other than advertising films  285 for wrapping and packaging  124, 129–​30

filtering materials  141 filters (parts of machines or engines)  57 financial affairs  in Class 36 heading  224, 252–​6 excluded from Class 45  310, 313 financial clearing  254 financial companies, individual  252, 254 financial consultancy  248 financial evaluations  288, 292 insurance, banking, and real estate  257 standing timber  257 wool 257 financial information security  288, 291 financing services  252, 257 fingernail polishers  24, 66 finished clothing  177 fire  alarms 76 installation 260 asbestos screens  85 clothing for protection against  188 engines 80, 86 -​extinguishing apparatus  3, 73, 80, 86–​7 -​extinguishing compositions  1, 3 hoses 137, 143 pumps 86 firearms 68 in Class 13 heading  110–​11, 112 cleaning brushes for  112 hunting  200, 203, 205 side arms being excluded from Class 8  65, 69–​70 sighting telescopes for  112 sights, other than telescopic, for  112 sporting  200, 203, 205 firelighters 30 fireplaces, floor mats, fire-​resistant for  197 fireproofing preparations  152, 155 firewood 30 fireworks 110, 111 firing lanyards for explosives  111 first-​a id kits  43 fiscal evaluations  288, 292 fiscal valuation  292 fish  in Class 29 heading  209, 210 hooks 194 fishing  bait (artificial) excluded from Class 31 226 bait (live)  203 decoy 205 equipment 200, 205 harpoons 70 landing nets for anglers  178, 200, 203 nets  175, 178, 200, 205 rods 200, 203 scent lures  208 tackle 200, 203 fitted vanity case  173

 471

Index flags  of paper  184 of textile or plastic  183 flash-​bulbs  98 flashing lights  98 flat irons,  73, 82 flat textiles  177 flavoring industry  20 flavorings  223–​4 for food preparation  224 other than essential oils  for beverages and cakes  223–​4 for tobacco  224 for use in electronic cigarettes  224 flaxseed/​flaxseed oil  for culinary purposes  214, 227 dietary supplements  37, 214, 223 edible, unprocessed  227 flippers for swimming  77, 204 floating anti-​pollution barriers  137, 140 floats for bathing and swimming  77 flock (stuffing)  180 floor coverings  157, 163, 197–​8 flooring  parquet 199 wooden  197, 198–​9 floor mats, fire resistant for fireplaces and barbecues 197 floor slabs  152, 155 floral art  302, 305 floral compositions  302, 305 flour  213, 218, 219, 220, 222 wheat 227 flowers  arranging 303 artificial in Class 26 heading  190, 191–​2 bulbs 228 dried for decoration  228 foam supports for arrangements  137, 141–​3 natural in Class 31 heading  226, 228 pots 166, 168 services relating to floral art  302, 305 fluids  auxiliary 4, 19 for use with abrasives  19 cutting 31 fly swatters  165, 168–​9 foam supports for flower arrangements  137, 141–​3 fodder 228 fog signals  explosive 111 non-​explosive  76 food  additives in food industry  1, 6 for babies  34, 36–​7, 95, 209, 213 catering 297 in Class 30 heading  218–​21 in Class 31 heading  226–​9

471

colorants included in Class 2  10, 12, 13–​14 for diabetics  37, 41 dietetic see dietetic food dyes 12 flavorings, other than essential oils  224 freezing  280–​1 low-​salt  36–​7 mixers 82 oils for  212 preservation services  excluded from Class 43  297, 299 preservatives 298 chemicals for  299 oils 28 salt  6, 7, 218, 222 processing services  298 services for providing in Class 43 heading  297– ​8 supplements see dietary supplements; mineral food supplements food-​related products  4 in Class 29  209–​13 in Class 30  218–​23 foodstuffs  for animals  in Class 31 heading  226, 228 excluded from Class 29  209, 215 excluded from Class 30  218, 223 chemicals for preservation of  1, 4 of plant origin  209, 213, 219, 221 excluded from Class 30  218, 222 football shoes  202 footwear  of leather not included in Class 18  146, 149–​50 orthopedic 88, 92 for special use not included in Class 25  187–​8 see also boots; shoe forceps 88, 92 forestry  chemicals used in  1, 2 products, raw and unprocessed  226, 227 services 302, 303 fork lift trucks  60 forms, printed  125 foundry molds  50 fountains 100 franchising 318 franking machines for office use 124, 131 freezer rental  275, 280 freezing equipment installation  261 freezing of foods  280 freight brokerage  255, 272 fruit  artificial 191 beverages  233– ​4 chips 211

472

472 fruit (cont.): desserts 219 extracts, alcoholic  237 fresh in Class 31 heading  226, 227–​8 juices  233–​4 pie 219 preserved, frozen, dried, and cooked in Class 29 heading  209, 210–​11 presses 82 residue (marc)  227, 229 frying pans  165, 166, 168–​9 fuel  for atomic piles  8 including motor spirit in Class 4  28, 30 pumping and dispensing apparatus  17, 82 fulling of cloth  281 funeral services  310, 312 funerary undertaking  316 fungicides 3 listed in Class 5  34, 38–​9 not included in Class 1  1, 7 furniture  camping  157, 159–​60 casters 46, 51 in Class 20 heading  157, 158 commercial 158, 159 consultation services  248 metal  46, 53–​4, 157, 159–​60 racks 158 repair services  259, 262–​3 specialized  for laboratory use  157, 161–​2 for medical use  88, 89, 93, 157, 161–​2 furs 148 fuses for explosives  111 gambling services  283 game bags (hunting accessories)  203 game (food) in Class 29 heading  209, 210 games and playthings  apparatus adapted for use with an external display screen or monitor, excluded from Class 9  73, 84 included in Class 28  200, 201 games equipment included in Class 28  200, 203–​4 garbage  bags 130 cans 166 garden design  288, 293, 302, 305 garden herbs, preserved (seasonings)  216 gardening 302, 305 garlands, artificial  191 garlic presses  165, 169–​70 garment bags for travel  147, 175, 180 garment covers (storage)  147 gas apparatus and pipes, regulating and safety accessories for  103 gasoline 30

Index gas-​operated tools  soldering blow pipes and irons  66 welding apparatus  66 gas testing instruments  76 gauze for dressings  88, 93 genealogical research  289, 316 generators of electricity  99 geological surveys  289, 292 geotextiles 182, 186 German silver  54 ginger beer  234 glass 155 for building  152, 155, 165, 173 insulating  137, 143, 145 covered with an electrical conductor  168 fibers (fibres) for textile use  165, 173, 177 granules for marking out roads  152, 155 incorporating fine electrical conductors  168 plate glass  168 tiles 152, 155 unworked or semi-​worked  in Class 21 heading  165, 167–​8 goods excluded from Class 21  165, 173 for vehicle windows  108, 168 wool for insulation  165, 173 wool other than for insulation  168 see also fiberglass glassware 165, 168 drinking glasses  166, 168 rental 301 global computer network  268 globes  snow 207 terrestrial 129 gloves  baseball 202 batting 202 golf 207 for household purposes  167 glue guns  98–9 glue-​heating appliances  99 goggles for sports  77, 200, 204, 205 gold amalgam  118 golden syrup  220 gold solder  3 golf  bags  146, 150, 175, 180, 206 divot repair tools  207 gloves 207 goods  classification 317 packaging and storage of  269, 270 grafting wax for trees  32 grain products  226, 227 grains (cereals)  227 grandfather clocks  115 graphic arts designing  250, 289 graters, household utensils  67 gravestones 154

 473

Index greases  anti-​rust  11 for cosmetic purposes  29 industrial  in Class 4  28–​9, 31 special 31 for medical purposes  29 in veterinary field  29 greenhouses, transportable, not of metal  153 greeting cards  125 griddles (cooking appliances)  99, 172 griddles (cooking utensils)  166, 172 grills  barbecue 104 cooking appliances  99, 172 cooking utensils  172 grinders (kitchen)  82 grinding apparatus  67, 165, 169, 171 grindstones 17, 23 ground beef  210 gum and goods made from  137, 138, 144–​5 raw or partially processed  138 guns 68 glue 98–9 hand-​operated for extrusion of mastics  66 harpoon  68, 110, 200, 204, 205 racks  157, 159–​60 sighting mirrors for  157, 163 spray for paint  129 gurneys, wheeled  94 gutta-​percha and goods made from  137, 138 gymnastic articles  in Class 28 heading  200, 201–​2 clothing 200, 205 mats  197, 200, 205 not in Class 28  200, 205 gymnastic instruction  283 hair  accessories in Class 26  191 animal 167 bands  190, 191, 193 barrettes (slides)  190, 191, 192, 193 bows 192 camel 177 clippers  69, 165, 171 coloring caps  193 curlers 191, 193 curling papers  191, 193 decorations  190, 191, 192 dryers 57 dyes for 19 extensions 192 false  24–​5, 190, 192, 194 adhesives  5, 19, 193 excluded from Class 3  24–​5 toupees  190, 192–​3 wigs  190, 192–​3 human 192

473

lotions  17, 19–​20, 27 medicated  17, 23, 34, 40 nets  25, 175, 180, 190, 191, 193 pins  25, 191, 192 prostheses  190, 192, 195 slides (barrettes)  190, 191, 192, 193 halvah  224–​5 hammers 66 electric 78 pneumatic 66 power​  70 hammocks 175, 178 handbags 147 handbells (musical instruments)  123 handcuffs 54 hand-​held apparatus transferred from Class 8 to Class 21  174 hand-​held mirrors (toilet mirrors)  172 handkerchiefs  of disposable paper  124, 132 of textile  132, 183 handles  broom 55 for hand-​operated hand tools  55 knife 55 scythe 55 hand tools and implements  69, 70, 71 for artists  124, 133 drills 66 hand operated  46, 53–​4, 65, 66 kitchen  165, 169–​70 not in Class 7  56, 62 nail extractors  64 other than hand-​operated  63, 70 razors, electric  65, 69 ski edge sharpening  64 hardware  buckles of common metal  55, 194 metal 46, 49, 51 non-​metallic  157, 161 related to curtains  164 harmonicas 120 harnesses 146, 148 harness fittings  148 harpoon guns (sports articles)  110, 200, 204, 205 harpoon guns (weapons)  68, 110 harpoons  for fishing  68, 70 harrows 59 harvesting machines  59 hatchets 66 hats, paper  188, 200, 203 hay 228 headbands (clothing)  191 headgear  in Class 25 heading  187, 188 made of leather or imitation leather  146, 149–​50 see also helmets, protective

474

474

Index

health and fitness training  283, 307 health club services (health and fitness training)  283, 302, 306–​7 health spa services  308 hearing protectors  96 heat exchangers  57 heating apparatus  100 in Class 11  97–​9 solar thermal collectors (heating)  104 space heating  82 heating installation  259, 261 heating of liquids  82 heating pads  98 helmets, protective  76–​7, 96, 188, 200, 201, 205 herbal teas for medicinal purposes  43, 224 herbicides 3 listed in Class 5  34, 38–​9 not included in Class 1  1, 7 herbs  fresh in Class 31 heading  226, 227–​8 garden herbs, preserved (seasonings)  216 for smoking  240 tea for medicinal purposes  43 hides, animal  146, 147, 150 hire-​purchase financing  252, 256 hiring see rental services histological sections for teaching purposes  129 holders  checkbooks (cheque books)  124, 131 passport 124, 131 holding companies  252, 255 holiday camp services (lodging)  300 home banking  258 honey  218, 219–​20 hooks 193 boat 194 in Class 26 heading  190, 191 for clothes  194 for corsets  194 curtain 194 excluded from Class 26  190, 194 fish 194 hops, extracts of for beer making  234 horn goods  157, 163 unworked or semi-​worked in Class 20 heading 157, 159 horological and chronometric instruments 73, 83 in Class 14 heading  113, 115 horoscope casting  311 horsehair 179 horses  blankets  148, 182, 186 brushes 148 rental 271 saddlery 146, 148 horticultural products, raw and unprocessed 226, 227

horticulture  chemicals used in  1, 2 services 302, 303 hoses  fire 137, 143 not of metal  46, 53, 137, 139 vacuum cleaner  63 hospitals  beds  88, 89, 93, 94, 162 services 303 hosting computer sites (web sites)  268, 290 hotel reservations  274 hotel services  298 hot plates  99 hot water bottles  97, 101 household  adhesives 4 excluded from Class 1  1, 7 containers  46, 53–​4, 165, 166, 168–​9 gloves 167 linen  182, 183, 184 pets, cages for  46, 53 utensils  165, 166, 168–​9 house painters’ rollers  129 houses, prefabricated  46, 51 house sitting  315 human tissue bank services  308 hummus (chickpea paste)  3, 216 hunting  decoy 205 equipment 200, 205 scent lures  208 firearms 203 game calls  200, 203 knives  70, 200, 203, 205 lead shot for  203 tackle 200, 203 hydrants 100 hydrostatic beds  for medical purposes  162 not for medical purposes  162 hygienic and beauty care  302, 303 excluded from Class 45  310, 314 hygienic bandages  189 ice cream  212, 219, 221, 234 ice cubes  221 molds 135 ice machines and apparatus  61 ice, natural and artificial  221 ices, edible  218, 219, 221 ice tongs  165, 170 identification threads for electric wires  181 illuminants 28, 30 images, apparatus for recording, transmission, or reproduction of  73, 78 imitations of leather and goods made of  131, 146, 147, 148, 150 implants, surgical see surgical implants

 475

Index implements  agriculture (other than hand-​operated)  56, 59–​60 see also hand tools and implements incense 26 incontinence products  34, 39–40, 88, 93 incubators for eggs in Class 7  56, 60 indoor terrariums (plant cultivation)  135 indoor window blinds (shades) (furniture)  157, 159–​60, 162 industrial analysis and research services 288, 289 industrial greases see greases, industrial industrial oils see oils, industrial industry  adhesives used in  1, 4–​5 chemicals used in  1, 2, 46, 52 information  about journeys or transport of goods 269, 272 relating to tariffs, timetables, and methods of transport  269, 272 versus education  285 infusions, not medicinal  224 inks  15, 16, 127 marking, for animals  15 for photocopiers  15, 127 printing 15 ribbons for computer printers  127 insects, electric devices for attracting and killing 170 inspection  of construction plans  259, 261 of factories for safety purposes  315 of vehicles or goods before transport  269, 272–​3 installation, maintenance, and repair of computer hardware  290, 292 installation, maintenance, and repair of computer software  290, 292 installation services  air-conditioning  99, 103, 260 in Class 37 heading  259, 260–​1 computer hardware  260, 288, 290, 292 of electric appliances  260 elevators/​lifts  260 fire alarms  260 freezing equipment  261 irrigation systems  261, 302, 305 kitchen equipment  261 water distribution  100 installations for processing nuclear fuel and nuclear moderating material  102 instructional and teaching material  134 except apparatus, in Class 16 heading 124 versus teaching apparatus and instruments  73, 77–​8 instruments, repair services for  259, 262–​3

475

insulation  in Class 17 heading  137, 139, 145 for electric mains  139 fabrics  145, 182, 186 felt 145 fiberglass 139 glass 145 glass (building)  137, 143 glass wool for  165, 173 oils for  31, 145 paints 139, 145 not included in Class 2  10, 14–​15 paper 139 varnishes  10, 14–​15 insurance  brokerage 253 in Class 36 heading  252, 253 consultancy 248, 253 during transport excluded from Class 39 269, 273 excluded from Class 45  310, 313 financial evaluation of  257 information 253 services 252, 257 underwriting 253 interior design  294 interior paint  11 Internet  chatrooms 268 search engines  295 security consultancy  310, 314 intraocular lenses  75 investigation services  310, 312 investment-​related services  252, 253, 255, 256 investment trusts  252, 255 irrigation systems, installation and repair services 302, 305 ivory 115 goods 157, 163 jewelry 119 jacket  life 77 strait 88, 92 jams  209, 211, 222 jellies  209, 211, 222 jewelry/​jewellery  113, 114–​15, 116 appraisals 253 beads used for making  113, 117, 157, 163 boxes  113, 116–​17 cases (caskets)  117 charms  113, 116, 190, 195 clasps for  113, 117 component parts for  113, 117 imitation 113, 116 ivory 119 paste (costume)  113, 116 joss sticks  26

476

476

Index

joysticks  being parts of machines, other than for game machines  87, 203 for use with computers, other than for video games 87, 203 vehicle 87, 203 for video games  87, 203 juke boxes, musical  78 jute 175, 179 kaleidoscopes 203, 206 kapok 177 kerosene 30 ketchup 214, 220 kettles  electric  97, 102, 172 non-​electric  101, 172 key cards  50 key chains  113, 116, 190, 194, 195 key rings  113, 116, 190, 194, 195 keys  plastic 50 split rings for precious metal for  116 kickstands 109 kitchen  apparatus  electromechanical 82 small, electrically-​operated for mincing, grinding, pressing, or crushing 165, 171 small, hand-​operated for mincing, grinding, pressing, or crushing  165, 169–​70 containers  165, 166, 168–​9 equipment installation  261 ranges (ovens)  99 utensils  of metal  46, 53–​4, 168–​9 non-​electric  71 transfer from Class 8 to 21  72, 165, 166 see also cooking kits  cosmetics 24 first-​a id  43 knee  guards 77, 201 pads 77 knitting machine rental  280 knitting needles  195 knives 67, 110 electric 66 handles 55 hunting  70, 200, 203, 205 mincing 169 palette 128 paper  65, 67, 70, 124, 131 sharpening 260 as side arms  68 for surgical purposes  65, 67

labels 149 laboratories  apparatus and instruments for  73, 80–​1 clothing for use in  85 furniture for  157, 161–​2 microscopes 74 oscillographs 74 scientific apparatus and instruments for  73, 80–​1 specialized furniture for  157, 161–​2 ventilation hoods for  100 laboratory  burners 98, 161 chemical products used in  7 chromatography apparatus  74 equipment 98 equipment for research  81 goods for laboratory purposes  81 hoods 100 lamps 98 table 161 testing or research  35 lace 190, 191 laces, leather  151 lacquers  10–​11, 13 dental 38 ladders, rope  175, 178 ladles 67 serving 165, 170 for serving wine  67, 72, 166, 170 lamps 90 darkroom 98 laboratory 98 for medical purposes  90 street 98 wicks for 31 landing nets for anglers  178, 200, 203 landscape  design  289, 294, 305, 308 gardening 303, 305 lanterns for lighting  30 laptop bags  146, 150 launching of satellites for others  274 laundering 260 laundry  bleaching preparations  17, 18 blueing 18 not included in Class 2  10, 14 wax 18, 32 lava rocks  104 lawn care  303, 305 lawyers 310, 312 layout services  for advertising services  250, 287 other than for advertising services  287 lead shot for hunting  203 lease-​purchase financing  252, 256 leashes for animals  146, 148 leasing see rental services

 477

Index leather  belts for clothing  146, 150 chamois 146, 150 and goods made of in Class 18 heading  146, 147, 149–​50 imitations of  131, 146, 147, 148, 150 laces 151 leashes 148 oil for preservation of  11, 29 oils for currying  29 for polishing  146, 150 strops 146, 150 tanning, oils for  28 lecithin 5 leeches, cultivation of for medical purposes 226, 231 legal assistants  310, 312 legal research  289 legal services  288, 293 in Class 45 heading  310, 311, 312 lenders, individual  252, 254 lenses  intraocular prostheses for surgical implantations 75 optical 75 spectacle 165, 173 letter boxes  155 of masonry  152, 154, 155, 161 of metal  155, 161 not of metal or masonry  157, 161 letters of credit  252, 256 excluded from Class 39  269, 273 letting services  252, 257 lettuce 227 library shelves  158 lice combs  165, 172 life buoys  77 life jackets  77 life-​saving apparatus and instruments  in Class 9 heading  73, 76–​7 life-​saving rafts  77 lift installation  260 light bulbs for directional signals for vehicles 98 lighting apparatus  candles and wicks  28, 30–​1 in Class 11  97–​8 lanterns 30 paper spills  30 wood spills  30 lights  aquarium 135 automobile 107 dimmers 98 electric for Christmas trees  98, 200, 202, 204 flashing 98 for vehicles  98 see also lamps

477

linen  bed 160 paper  124, 134–​5 bedding 157, 162 household  182, 183, 184 ironing 260 numerals or letters for marking  196 see also table linen linoleum  197–​8 linseed  for culinary purposes  214 dietary supplements  37, 214, 223 lint removers  170 liqueurs, preparations for making  234 lithographic printing  280 lithographs 133 framed or unframed  124, 132–​3 litter  for animals  226, 230 boxes for pets  166 peat 230 straw 230 live animals  209, 215, 226, 228, 231 live performances, presentation of  283, 285 lobsters 228 live 215 not live  215 locks 50 operating canal  271 locomotion by water, apparatus for  81 looking glasses  157, 160 lost property return  315 love dolls  91, 200, 204–​5 low-​salt food  36–​7 lubricants 28, 29 luggage  146, 147, 148–​9 nets for vehicles  175, 180 suitcases  146, 148–​9 tags 146, 149 machine coupling and transmission components (except for land vehicles)  56, 58–​9  machinery installation  261 machines and machine tools  in Class 7  56, 57 exclusion of specialized  56, 61–​2 driven by a motor  65, 69 Madrid Agreement Concerning the International Registration of Marks 319 magazines 125 magnetic data carriers  73, 78–​9 mail  bags  175, 178–​9 electronic 266 franking of 274 stamping checking apparatus  76 mail order catalogues  242, 245–​6 maintenance of computer software  292

478

478

Index

maintenance services  259, 262–​3, 276, 278 vehicles  269, 273–​4 make-​up  application 289 napkins of paper for removing  184 removing preparations  24 see also cosmetics malt 229 beer 237 in Class 31 heading  226, 229 extract 229 management  business affairs  242, 243–​4 real estate  254, 257 mangles 57 manicure implements, electric and non-​electric  165, 171 manicure sets  165, 171 mannequins, resuscitation  84, 124, 133–​4 mantle clocks  115 manures 1, 2 maritime tugs  269, 271–​2 marking buoys  75 marking ink for animals  15 marriage agencies  311 masks  carnival 200, 203 divers 77 sleep 188 theatrical 202 masonry 260 letter boxes of  152, 155 oil for preservation of  11, 29 preservatives 29 massage apparatus  88, 91, 94 master clocks see control clocks matches  in Class 34 heading  239, 240 classified with other smokers’ articles  32 excluded from Class 13  110, 112 materials for dressings  34, 37–​8, 42 materials for packaging and packing  130 material for stopping teeth  34, 38 material testing instruments and machines  76 mathematical data, compilation of  242, 246 matrimonial agencies  310, 312 mats  for beer glasses  198 in Class 27 heading  197–​8 floor, fire resistant for fireplaces and barbecues 197 gymnasium  197, 200, 205 for infant playpens  164 reed 157, 163 removable for sinks  198 yoga 197 see also place mats mattresses  157, 160, 162, 183 air, for medical purposes  88, 93

childbirth 93 spring 157, 160 mayonnaise 214, 220 meal replacements  34, 41, 42 measuring apparatus and instruments 73, 75, 76 measuring spoons  76 meat  choppers 67 in Class 29 heading  209, 210 extracts 209, 210 jellies 210 mincers 169 safes 159 mechanisms for coin-​operated apparatus  73, 79 media  for bacteriological cultures  43 recording 73, 79 medical analysis services  302, 304 medical clinic services  303 medical field  adhesive tapes  43 air mattresses  89 apparatus and instruments  42, 44, 71, 74, 93, 94, 185 in Class 10  88, 89–​90 armchairs 89 beds  89, 93, 161 hydrostatic 162 belts 90 beverages for medical purposes  233, 235, 237, 238 biological preparations for medical purposes 35 chemical products for not included in class 1 1, 7 chemical reagents  35 childbirth mattresses  93 cigarettes without tobacco for medical purposes  34, 41, 88, 93–​4 cotton 43 cultures of micro-​organisms  226, 231 diabetic bread  37, 41 diagnostic preparations  35 dietetic food  34, 36–​7, 41, 94, 209, 213 doctors 288, 293 dressings 88, 93 electrically heated blankets  98, 182, 185 first-​a id kits  43 furniture for  88, 89, 93, 157, 161–​2 greases for 29 gurneys, wheeled  94 heating pads  98 herbal teas  43, 224 items used in medical diagnosis but not in direct association with a patient  95–​6 knives, surgical  65, 67 lamps 90 leeches 226, 231

 479

Index lenses (intraocular) for surgical implantation 75 mirrors 157, 163 oils, medicinal  28 operating tables  88, 89, 93, 94 oxygen 44 petroleum jelly for  29 preparations in Class 5  34, 35 quad canes  91, 147 sanitary preparations  22 in Class 5  34, 36, 41–2 scientific research services for  288, 291, 302, 307 stretchers, wheeled  94 surgical cutlery  65, 69 thermometers 90 tobacco-​free cigarettes for medical purposes 241 walking frames  91 wheelchairs  60, 88, 91, 94 see also hospitals medical services  302, 303 excluded from Class 45  310, 314 for treatment  288, 293 medical supplies, retail or wholesale services for 245, 251 medicated animal feed  226, 231 medicated dentrifices  17, 23 medicated hair lotion  17, 23 medicated shampoo  17, 23 in Class 5  34, 40 medicated soap  17, 23, 27, 34, 36, 40, 45 medicated versus non-​medicated personal cleaning or toiletry items  27 medicinal teas  218, 222 meerschaum goods  157, 159, 163 megaphones 78 men’s athletic supporters (sports articles)  208 menstrual cups  88, 92 menstrual products  88, 92, 189 menstruation bandages  92 mercury 46, 47, 52 metal(s)  alkaline 47 alkaline and alkaline-​earth excluded from Class 6  46, 52 and alloys and ores in Class 6  46, 47 aviaries 49 bird baths  49 building and construction materials  46, 47–​8, 50–​1 cables and wires  46, 49, 52–​3 cages for animals  46, 51, 53 classified according to function or purpose  46, 53–​4 coating service  276, 278 containers for storage or transport  46, 49–​50 in foil and powder form  10, 12–​13, 46, 50, 52

479

foundry molds  50 furniture  54, 157, 159–​60 furniture for camping  157, 159–​60 goods of common metal not classified by function or purpose  46, 51–​2 hardware 46, 49, 51 locks 50 mordants for 12 ores 47 used in chemicals in industry or scientific research 46, 52 outdoor blinds  157, 162 pipes and tubes  46, 50–​1 in powder form  47 prefabricated houses (kits)  51 railway items  46, 50–​1, 105, 107 registration number plates  160–​1 ropes  46, 49, 52–​3, 175, 179 statuettes 50 tempering preparations  4 transportable buildings  46, 48–​9, 51 used as paints  12–​13 valves 54 meteorological information  289 mica  in Class 17 heading  137, 138 spangles 191 microfilming 285 micro-​organisms, cultures for medical purposes 226, 231 microscopes 74 microwaves, bags for  130 military drones  108 milk and milk products  216–​17, 236 almond 217, 236 beverages  209, 211, 212–​13, 217, 221, 236 excluded from Class 32  233, 235 chocolate-​based beverages with  219 in Class 29 heading  209, 211–​12 coconut 217, 236 oat 217 peanut 217, 236 rice 217, 236 soy 217, 236 mimeograph apparatus and machines  127, 128 mincing apparatus  67, 165, 169, 171 mincing knives  169 mineral food supplements  37, 214, 223 mineral waters  233–​4 mining extraction  260, 292 excluded from Class 42  288, 292 mirrors 158 in Class 20 heading  157, 158 dentistry 157, 163 hand-​held  172 optical goods  157, 158, 163 rearview 157, 163 sighting, for guns  163, 167 surgery 157, 163

480

480

Index

mirrors (cont.): toilet 157, 160 excluded from Class 21  165, 172–​3 mirror tiles  158 Misbaha (prayer beads)  118–​19 mobile telephones  86 unlocking 296 mobility scooters  88, 91, 94 modeling  for advertising or sales promotion  247, 284 for artists  284 clay 128, 135 molasses for food  220 molding wax for dentists  38 molds  cookery 170 foundry 50 ice cube  135 kitchen utensils  170 for modeling clays (artists’ materials)  135 parts of machines  135 monetary affairs  in Class 36 heading  252–​6 excluded from Class 45  310, 313 vouched for by trustees, services for  252, 256 money clips  124, 131 monitoring of computer systems for detecting unauthorized access or data breach  295 monuments, not of metal  152, 154 mordants  for dyeing included in Class 2  10, 12 for metals  12 mosquito nets  182, 183, 185 mother-​of-​pearl  115, 157, 159, 163 motorcycle kickstands  109 motor homes  153 motor racing cars, rental  271 motors and engines  106 except for land vehicles  in Class 7  56, 58–​9 excluded from Class 12  105, 107 for land vehicles  in Class 12  105, 106 excluded from Class 7  56, 62 machine tools and implements, driven by 65, 69 parts  excluded from Class 12  105, 107 included in Class 7  56, 61 mouse traps  166 moustaches (mustaches), wax for  32 mouthguards for sports  200, 205 mouthwashes 25 mowing and reaping machines  59 mugs 284 museum facilities  284 mushrooms  fresh 226, 230 preserved 230

music  orchestra services  284 rolls (piano)  121 sheet music  121, 122 stands 122, 171 synthesizers 123 musical boxes  120, 121 musical instruments  bags for  146, 150 carillons 123 cases for  120 in Class 15 heading  120–​1 electrical and electronic  120, 121–​2 handbells 123 mutes for  120 pegs for  121 piano 120, 121 reeds for  121 restoration 264 stands for  122, 171 strings for  121, 175, 176, 179 tuning 264 mussels 228 mustard  214, 218, 220 mustard plasters, paper for  125 mutes for musical instruments  120 nails  clippers 165, 171 extractors, electric  64 extractors, hand-​operated  64 false 19 files 24, 66 fingernail polishers  24, 66 metal 46, 51 nippers 24 napkins of paper for removing make-​up  184 nautical apparatus and instruments  81 in Class 9 heading  73, 75 naval signaling apparatus  81 navigational instruments  75, 81 naval signaling apparatus  81 navigational instruments  75, 81 needles  in Class 26 heading  190, 191 crochet 194 darning 194 embroidery 194 knitting 194, 195 for medical purposes  194 for record players  194 sewing 195 special types excluded from Class 26 190, 194 suture 90 tattoo 71 nest eggs (artificial)  166 nesting boxes for household pets  158

 481

Index nets  animal feeding  185 bags for shopping  147 butterfly 206 in Class 22 heading  175, 176 fishing  175, 178, 200, 205 hair  175, 180, 190, 191, 193 landing for anglers  178, 200, 203 luggage, for vehicles  175, 180 mosquito  182, 183, 185 not in Class 22 heading  175 safety 175, 180 for sports  175, 180 news agencies  267 news clipping services  248 newspapers 125 display stands  157, 159–​60 news reporters services  267, 286 nibs, pens, of gold  118 Nice Agreement, text of  324–​35 Nice classification, history and purpose of  319–​23 nickel silver see German silver non-​a lcoholic drinks  233, 234, 235, 237, 238 see also beverages non-​medicated/​medicated personal cleaning or toiletry items, separation of  45 nose bags  148 novelty items  200, 203 nuclear fuel and nuclear moderating material, installations for processing  102 nuclear installations  102 nuclear reactors  102 numerals or letters for marking linen  196 numismatic appraisals  253 nursing appliances  91 nursing infants, apparatus, devices, and articles for 88, 91 nutcrackers  67, 72, 165, 166, 169–​70 oat(s) 227 crushed 217 flakes  218, 221, 227 milk 217 ocarinas 120 office  functions 242, 244 machines 124, 131 rental of 244 punched card machine  73, 82 requisites (except furniture) in Class 16 heading  124, 126–​8 offset printing  280 off-​site data backup  295 oil cement (putty)  8, 15 oilcloth for use as tablecloths  183 oil extraction  288, 292 oil-​field surveys  292 oil prospecting  292

481

oils  anti-​rust  11 for cleaning purposes  28, 29 for currying leather  29 for food  212 industrial  28–​9, 31 insulating 31, 145 for masonry preservation  12, 29 medicinal 28 for paints  29 for perfume and scent  28 for preservation of food  28 for releasing form work  29 for tanning leather  28 see also essential oils; ethereal oils oils and fats, edible  209, 212 on-​line banking changed from home banking 258 on-​line electronic publications (not downloadable)  286 on-​line marketplace for buyers and sellers of goods and services, provision of  251 on-​line publication of electronic books and journals 286 on-​line social networking services  316 operating canal locks  271 operating tables  88, 89, 93, 94 optical apparatus and instruments  in Class 9 heading  73, 75–​6 lenses 75 mirrors  157, 158, 163 optician services  303 orchestra services  284 ores 46, 47 organs 120 ornamental novelty badges (buttons)  195–​6 ornaments for Christmas trees, except illumination articles and confectionery 202 orthopedic articles  88, 90, 92 oscillographs 74 outsourcing services (business assistance)  249–​50 oxygen for medical purposes  44 oysters 228 pacemakers, brain  88, 92 pacifiers for babies  91, 95 packaging  124, 130, 132–​3 bags 175, 180 bags (envelopes, pouches) of paper or plastics  130, 137, 142, 176 bags (envelopes, pouches) of rubber  137, 142, 176 bags (envelopes, pouches) of textile  130, 137, 142–​3, 175, 176, 177, 179 bags, not of textile  175, 180 design 289

482

482

Index

packaging (cont.): of goods  269, 270, 272 materials  130, 137, 139 not of rubber, plastics, paper, or cardboard 180 plastic sheets, films and bags for  124, 129–​30 padding, protective  77 padding and stuffing materials  except of rubber and plastic  175, 177 of paper or cardboard  175, 180 of rubber and plastic  137, 142, 175, 180 pads  breast-​nursing  88, 93 heating 98 incontinence  34, 39–40, 88, 93 knee 77 scouring 19 pails  165, 168–​9 paint boxes  10, 14, 133 paint brushes  13, 124, 128–​9, 133 painters (contractors)  259, 261 painters’ easels  128 paintings  124, 132–​3 framed or unframed  133 paint patches, repositionable  15–​16 paint rollers  124, 132 paints  articles 124, 132 canvas 133 exterior  11, 124, 132 included in Class 2  10–​11, 13 insulating 139, 145 not included in Class 2  10, 14–​15 interior 11 metal products used as  12–​13 metals in foil and powder form  46, 47, 52 not included in Class 16  124, 133 oils for 29 as preservative  10, 11 spray guns  129 paint trays  124, 132 palette, painting  124, 132 palette knives  128 palms (leaves of palm tree)  227 panels see wood, semi-​worked panniers 106 pans  frying  165, 166, 168–​9 warming 97, 101 pantographs 128 paper  77, 124–​36 abrasive  124, 134–​5 asbestos 125 bags  124, 132–​3 bed covers  132, 185 bed linen  124, 134–​5, 182, 184 bibs 124, 132 blinds  124, 134–​5 cigarette  124, 134–​5

clips  46, 53–​4, 124, 131 clothing  124, 125, 132, 134–​5, 188 cups  124, 134–​5, 166 cutters  124, 127, 131 drawer liners  32 emery 18, 24, 71 envelopes and containers for packaging  124, 132–​3 flags of 184 goods in Class 16 heading when not in other classes  124, 125, 132–​3, 134–​5 hair curling  191, 193 handkerchiefs 124, 132 hats (clothing)  188 insulating 139 knives  65, 67, 70, 124, 131 for mustard plasters  125 napkins of for removing make-​up  184 party hats  188, 200, 203 photographic  124, 134–​5 place mats  198 plates  125, 166, 173 sanded, for pets  226, 230 sandpaper 18, 23 sensitized 126 shredders 82 spills for lighting  30 statues or figurines  124, 132–​3 table cups and plates  124, 134–​5 table linen  124, 132, 182, 185 table napkins  185 tapes and cards for the recordal of computer programs 82 towels 184 see also wallpaper parachutes 106 parasols  146, 147–​8 parceling of goods  269, 272 Paris Convention for the Protection of Industrial Property  326, 333, 334–​5 Paris Union for the Protection of Industrial Property 326–31 parking place rental  271 parquet flooring  199 party favors  200, 203 party planning  283 passport holders  124, 131 pasta 219 pastry 218, 219 cutters 169 pay per click advertising  251 payroll preparation  243, 244 peanut  milk 217, 236 milk-​based beverages  217, 236 peat 30 litter 230 pedicure implements, electric and non-​electric  165, 171

 483

Index pegs for musical instruments  121 pelts 147 pencils 127 sharpeners  83, 124, 131 stands for  170–​1 pens  77, 127, 134 drawing 128 electronic 80 nibs of gold  118 stands for  170–​1 performances, live  283, 285 excluded from Class 45  310, 314 perfume  oils for 28 used in vacuum cleaners  63 perfumery  17, 19–​20, 21 personal advocates  310, 312 personal background investigations  315 personal care items in Class 3  27 personal defense purposes, sprays for  112 personal deodorant  44 personal grooming utensils and apparatus  129, 160, 166, 172 personal hygiene, sanitary preparations  for 41 other than toiletries  34, 39 personal information security  288, 291 personal and social services in Class 45 heading  310, 311–​12 personnel recruitment  244 pessaries 88, 92 pesticides 3 pestles and mortars  165, 169–​70 petroleum jelly  29 multiple classification of  17–​18 pets  beverages for  228 cages for  166 litter boxes for  166 toys for  206 see also dogs; horses pet sitting  315 pharmaceutical preparations  bicarbonate of soda  220 in Class 5  34, 35 propolis 220 retail or wholesale services for  245, 251 royal jelly  220 pharmacists  advice  302, 304, 309 services to make up prescriptions  309 phones see telephones photocomposing services  280, 295 photocopiers  61, 127, 128 ink (toner) for  15 toner cartridges for  127 photocopying services  244 photographs, printed  124, 126 photography  285–​6

483

apparatus and instruments in Class 9 heading  73, 75–​6 apparatus, stands for  171 bags for cameras and photographic equipment 146, 150 chemicals used in  1, 2 film development  285 paper  124, 134–​5 printing 286 reporting 285 photogravure services  286 photovoltaic cells  104, 156 physical security consultancy  314 physical therapy  283, 303 physical training  283 pianos 120, 121 music rolls for  121 picture frames  133, 157, 158 pies  210, 219, 225 fruit 219 servers 165, 170 pig bristles  179 piggy banks  165, 168–​9 pillowcases 183 pillows  157, 160, 162, 183 shams 182 piñatas 207 pins  in Class 26 heading  190, 191 cushions 191 entomological 191 hair 191 pipes  cleaners for tobacco pipes  240 flexible, not of metal  46, 53 in Class 17  137, 139 of metal  46, 50–​1 part of sanitary installation  in Class 6  46, 53 in Class 11  103, 137, 143 racks for tobacco pipes  240 rigid, of metal  137, 143 rigid, not of metal  46, 53, 137, 143 for building, in Class 19  152, 153 and water apparatus, regulating and safety accessories for  103 pitch 152, 153 pizza cutters, non-​electric  71 place mats  of paper  198 of textile  198 place settings  166 planks see wood, semi-​worked plants  cultivation (indoor terrariums)  135 growing of  302, 305 natural in Class 31 heading  226, 228 nursery services  303, 305 residue 226, 229

484

484

Index

plasters  34, 37–​8, 42, 88, 93 plastic  bubble packs for wrapping or packaging  130 in Class 17  in extruded form for use in manufacture  137, 138–​9 cups 157, 163 fibers for textile use  177 film  other than for wrapping and packaging  130, 137, 139, 141 for wrapping  130 goods not included in Class 20  157, 163 key cards  50 keys 50 material (substitute for fabric)  183 sheets, films, and bags for wrapping and packaging  124, 129–​30 threads and yarns  137, 141, 181 unprocessed 1, 2, 138 plate glass  168 plates  paper  125, 166, 173 registration  157, 160–​1 table 168, 173 playing cards  207 playpens for babies  164 playthings see games and playthings plumbers 259, 261 pneumatic hammers  66 pocket wallets  146, 149 polish  by abrasion  276, 278 denture 18 leather 146, 150 preparations included in Class 3  17, 18–​19 shoe 18 substances for removing  22 wax 32 pollen (raw material)  227 porcelain  in Class 21 heading  165, 168 for dental prostheses  165, 173 goods excluded from Class 21  173, 175 ports, services connected with  269, 271–​2 potato chips  36, 211 potpourri (fragrances)  26 pots 166 pouch baby carriers  151 poultry  in Class 29 heading  209, 210 rings 166 powdered eggs  211 power hammers  70 practical jokes  200, 203 practical training  283 prams 106 covers 106 prayer beads (Misbaha)  118–​19

precious metals  in Class 14 heading  113, 114, 118 cutlery of  65, 68 gold amalgam  118 gold and silver embroidery  113, 118 goods classified according to function or purpose 113, 118 goods made of in Class 21  174 pen nibs of gold  118 smokers’ articles made from  241 split rings of for keys  116 statues of 174 teapots 118 precious stones in Class 14 heading  113, 114–​15 prefabricated houses  46, 51 prescriptions preparation by pharmacists  309 presentation of goods on communication media for retail purposes  249 presentation of live performances  283 presentation of works of visual art or literature 282, 285 preservation services for food and drink  297, 299 preservatives  against deterioration of wood  10, 11–​12 against rust  10, 11–​12 brickwork 11 cement  11, 152, 155 concrete 11 for food  298 chemicals for  1, 4 dried and cooked fruits and vegetables, jellies, jams, compotes  222 oils 28 salt 218, 222 for goods other than wood or metal  11 leather 29 masonry 11, 29 salt  for foodstuffs  6 other than for foodstuffs  6, 7, 218, 222 tiles 11 preserving object in original condition  12, 259, 261, 278, 279 pressing apparatus  67, 165, 169, 171 price comparison services  248–​9 printed forms  125 printed matter  124, 125–​6 printed sheet music  121, 122 printers  3D, metals in foil or powder form used in 46, 50 blankets, not of textile  130 blankets, of textile  130, 183 computer, inks for  127 edible ink cartridges for  16 toner cartridges for  15, 127 type in Class 16 heading  124, 130 for use with computers  80, 127–​8

 485

Index printing 280 blocks in Class 16 heading  124, 130 inks 15 lithographic 280 machines 127 metals in foil and powder form used in  12–​13, 46, 47, 52 offset 280 photographic 286 services 280 production  of energy  280 radio programs  242, 246–​7, 283, 285, 286 television programs  242, 246–​7, 283, 285, 286 professional business consultancy  248 professional consultations, classification of  248 professional services giving aid in operations/functions of commercial undertaking  310, 312–​13 projectiles 110, 111 propolis 220 for pharmaceutical purposes  220 prospectuses distribution  242, 246–​7, 269, 273 prostheses  artificial body parts  88, 89–​90 artificial breasts  88, 92 hair  190, 192, 195 lenses (intraocular) for surgical implantation  75 protection  equipment used in water  77 face-​shields, workmen’s  96 hearing protectors  96 helmets  76–​7, 188, 200, 201, 205 for sports  96, 201 padding 77, 201 parts of sports suits  208 shin guards  77, 201 protective films adapted for screens for portable games 141 protein (raw material)  5 Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 319 protractors (measuring instruments)  73, 81 psychoanalysts 288, 293 psychological testing for the selection of personnel 248 publicity 243, 247 publicity texts, writing of  250 publishing  books  77, 125, 129, 134, 286 desktop publishing  276 downloadable publications  84 of publicity texts  247 services 286 texts, other than publicity texts  286 pumice stones  19, 24 punched card office machines  73, 82 punches 66

puree, tomato  220 push scooters (vehicles)  108 putty (oil cement)  8, 15 quad canes  91, 147 quality evaluation  of standing timber  257 of wool  257 quarrying services  260 quiches 211, 225 rackets  stringing machines  62 strings for  176 racks  furniture 158 gun  157, 159–​60 radio  advertising services  242, 243, 246–​7, 269, 273 not included in Class 38  255, 265–​7 broadcasting  242, 243, 246–​7 entertainment  242, 246–​7 programs, diffusion of  265, 266 programs production  242, 246–​7, 283, 285, 286 radio-​controlled toy vehicles  208 raft, life-​saving  77 rail-​road ferries  269, 271 railway-​related goods  material of metal excluded from Class 12 105, 107 materials of metal for tracks  46, 50–​1 ramie fibre  177 randsels (Japanese school satchels)  147 rat exterminating  260 raw materials  bark 232 cereals  218, 223, 226, 227, 229 chemicals  2–​3 cotton 177 fibrous textile material  175, 177 natural resins  excluded from Class 1  6 included in Class 2  12 resins  1, 6, 10, 12, 14, 138 rubber 138 seeds 226, 227 textile fibres  175, 179 wax 32, 159 wood included in Class 31  227, 230 razors 65, 68, 69 electric  57, 66, 68, 82 electric and non-​electric classified together 165, 171 non-​electric  57, 66, 68 real estate  administrators of buildings  252, 257 affairs in Class 36 heading  252, 254

485

486

486 real estate (cont.): appraisal services  253 brokerage 252, 255 financial evaluation of  257 management 254, 257 rental 297, 299 rearview mirrors  157, 163 recording discs in Class 9 heading  73, 78–​9 recording media, digital  73, 79 recording of sound or images, apparatus for 73, 78 recreation services  282, 284 reed mats  157, 163 reeds  for building  152 in Class 20 when not in other classes 157, 163 for musical instruments  121 plaiting material  152 refloating of ships  272 refrigerating apparatus in Class 11  97–​8, 99–​100 registration number plates  of metal  160–​1 not of metal  157, 160–​1 regulating accessories for gas apparatus and pipes and water apparatus  103 rehabilitation services  283– ​4 reins for guiding children  151 religious items  118–​19 relish 220 remote control vehicles  other than toys  108, 208 toys 208 rental services  of access time to global computer networks 268 air-conditioning apparatus  281 apartments 298 boats 271 chairs 301 clothing 315 exclusions from Class 45  310, 314–​15 farming equipment  303 freezers 275, 280 glassware 301 knitting machines  280 motor racing cars  271 office machines and equipment  244 offices for co-​working  258 parking places  271 real estate  254, 297, 299 safes  315–​16 space heating apparatus  281 storage containers  271 table linen  301 tables 301 telephones  262, 315, 318 temporary accommodation  299

Index transport vehicles  269, 271 vehicle roof racks  271 vehicles  269, 271, 303 videotapes 283 web servers  294 repair  in Class 37 heading  259, 260, 262–​3 computer (hardware)  288, 292 costs evaluation (financial appraisal)  257 excluded from Class 39  269, 273–​4 excluded from Class 40  276, 279 irrigation systems  302, 305 outfits for inner tubes  106 tire 140 vehicles  269, 273–​4 reproduction of sound or images, apparatus for 73, 78 rescue operations, transport for  270 research  and design related to scientific and technological services  288, 289 industrial 288, 289 reservation of hotel rooms  269, 274 reservation services for travellers’ accommodation 297, 298 residue in still after distillation  229 resins  137, 144–​5 acrylic 139 artificial 139 in extruded form in Class 17  137, 138–​9 raw natural  138 excluded from Class 1  1, 6 excluded from Class 2  10, 12, 14 synthetic 139 unprocessed artificial  1, 2, 3, 12 excluded from Class 2  6, 10, 14 included in Class 1  1, 2 rest and convalescent homes  300, 307 restaurant services  297 restoration of works of art  264 restoring object to original condition  259, 261, 262, 278, 279 resuscitation mannequins (teaching apparatus)  77, 84, 124, 129, 133–​4 retail pharmacy  245, 251 retail services  251 retail services for veterinary and sanitary preparations and medical supplies  245 retail store services  242, 245–​6 retirement homes  298, 302, 307 ribbons 190, 191 rice  213, 217, 222 -​based beverages  217 other than milk substitutes  236 in Class 30 heading  218, 219 excluded from Class 31  226, 231 milk 217, 236 unprocessed 231

 487

Index rings  anti-​rheumatism  45 key  116, 190, 194 smart 117 roads  asphalting  152, 153, 260 construction 259, 261 paving 260 sweeping machines  57, 60, 105–​6 roasters 99 robots (machines)  62 roofers 259, 261 roofing  bitumen coatings for  153 not of metal, incorporating solar cells 156 room fragrance preparations  17, 21 ropes  in Class 22 heading  175, 176 ladders 175, 178 of metal  49, 176, 178 excluded from Class 22  175, 179 not of metal  49, 52–​3 rosaries  118–​19, 136 royal jelly  220 rubber  adhesive patches for repairing inner tubes  137, 144–​5 bags  127, 141–​3 for dental purposes  137, 144–​5 erasers  137, 144–​5 and goods made from in Class 17 heading  137, 138, 140 material for recapping tires and tire repairing componsations distinction  140 raw or semi-​worked  138 stoppers  137, 141–​3 threads and yarns  137, 141 rugs  197–​8 rulers 129 drawing  76, 81, 129 as measuring instruments  76, 81 square, for drawing  81 saccharin 8 sacks  not otherwise classified by function or purpose  175, 178–​9 for the transport and storage of materials in bulk  130, 175, 176 saddlery 146, 148 safes 46, 50 meat 159 rental of  315–​16 safety  curtains, asbestos  182, 185 inspection of factories for purpose of  315 nets 175, 180 seats for children, for vehicles  106

487

sago  213, 218, 219 sails 175, 176 salads  dressings 209, 214 vegetable 227 sales promotion, modeling for  247, 284 salt  in Class 30 heading  218, 220 for preserving food  6, 218, 222 excluded from Class 1  7 for preserving other than foodstuffs 1, 6, 7 excluded from Class 30  218, 222 salvaging of wrecked ships and their cargoes  269, 271–​2 samples, distribution of  242, 246–​7 sand 230 aquarium 136 aromatic 226, 230 sanded paper for pets  226, 230 sandpaper 18, 23 sandwiches 216 sanitary articles, absorbent  88, 93 sanitary installations  clean chambers  103 pipes being part of  46, 53, 103, 137, 143 sanitary preparations  being toiletries  excluded from Class 5  34, 41–​2 included in Class 3  17, 22 for medical purposes  22 in Class 5  34, 36, 40 for personal hygiene  41 other than toiletries  34, 39 retail or wholesale services for  245, 251 sanitary purposes, apparatus for  97–​8, 100–​1 saucers, watercolor  124, 132 sauces 211 applesauce or apple puree  211 condiments 218, 220 cranberry 211 ketchup 214, 220 mustard  214, 218, 220 tomato 220 sauna services  308 sausage  in batter  216 casings, natural or artificial  151, 217 gut 217 making machines  64 saws 66 scale model vehicles  108, 205–06 scent, oils for  28 scent lures for hunting or fishing  208 school bags  146, 147, 148–​9 school supplies  paint boxes  10, 14, 133 school bags  146, 147, 148–​9 science, chemicals used in  1, 2

488

488

Index

scientific apparatus and instruments  in Class 9 heading  73, 74–​5 for laboratory research  73, 74–​5, 80–​1 scientific research  metals used as chemicals in  46, 52 services for medical purposes  288, 291, 302, 307 scientific services  288, 289, 291 scissors 24 scooters 108 mobility 88, 94 motor 201 toys 108, 201 scouring pads  19 scouring preparations  17, 18–​19 scrapbooks 124, 131 scratch cards for playing lottery games  207 screwdrivers 66 electric 70 screws  metallic 46, 51 non-​metallic  157, 161 scythe handles  55 sealing wax 32 search engine  optimization for sales promotion  251 provision for the Internet  295 seats, vehicle  10​8 secretarial services  244 security consultancy  294 security screening of baggage  315 security services in Class 45 heading  310, 311 security transport  310, 313 seedlings 226, 228 seeds  cereal, unprocessed  227 for planting  209, 215, 227, 228 in Class 31 heading  226, 228 prepared for human consumption  209, 213 processed for use as seasoning  209, 214 raw and unprocessed in Class 31 heading 226, 227 selfie sticks  86 semi-precious stones  113, 114–​15 sensitized films, unexposed  8, 126 sensitized paper  126 server hosting  296 services  of banking establishments  252, 254 for the benefit of others in Class 35  242–​7 of brokers dealing in shares and property 252, 255 classification of 318 of credit institutions other than banks 252, 254 dealing with insurance  252, 257 in financial and monetary affairs in Class 36  252, 254 in insurance field in Class 36 

investment-​related  252, 253, 255, 256 for issue of travellers’ checks and letters of credit 252, 256 of letting, valuation, or financing  252, 257 for monetary affairs vouched for by trustees 252, 256 for providing food and drink  297–​8 of realty administrators of buildings 252, 257 see also specific services service stations  17 serving ladles  165, 170 for wine  67, 72, 166, 170 serving utensils  165, 170 sesame seeds  214 see also tahini (sesame seed paste) sewing  boxes 191 needles 195 notions 191 thimbles 191, 195 sex toys  91, 200, 204–​5 sexual activity apparatus, devices and articles  88, 91, 200, 204–​5 shades see blinds shampoos 24, 36 medicated 17, 23 in Class 5  34, 40 shaping services  276, 278 sharpening stones  17, 23 shaving apparatus  165, 171 sheet music  121, 122 sheets, plastic, for wrapping and packaging  124, 129–​30 shellfish, live  215 shell goods  157, 159, 163 shin guards  77, 201 shipbuilding services  259, 262 ships  controlling apparatus and instruments  73, 81 refloating of 272 salvage  269, 271–​2 shock-​absorbing buffers of rubber  137, 141–​3 shoe  buckles 193 fasteners 191 football 202 polish 18 repair 279 snowshoes 208 staining 280 shorthand 244 shoulder straps for weapons  112 shovels 66 showers  100, 101, 103 shrouds 183 side arms  being firearms  65, 69–​70 other than firearms  68

 489

Index sighting mirrors for guns and rifles  157, 163 sighting telescopes for firearms  112 sights, other than telescopic, for firearms  112 signaling apparatus and instruments  81 in Class 9 heading  73, 76 signal bells  76 signaling buoys  75, 76 traffic light apparatus  85 signs, non-​luminous and non-​mechanical  154 silk 182 raw 175, 179 threads and yarns  181 silkscreen printing  280 silver foil (leaf), deleted  13 silver, German  54 silver plating  263 silver solder  3 simulators for the steering and control of vehicles 77, 134 sinks  100, 101, 103 sirens 76 skating boots with skates attached  188, 202 skating rinks  46, 51 skiing  bags designed for  146, 150, 206 boots 188, 202 lifts 60 ski edge sharpening tools, electric  64 ski edge sharpening tools, hand-​operated  64 wax for skiis  32 wet suits for water  188, 202 slabs, floor  152, 155 sleeping bags  157, 162, 182, 184 liners 182, 184 sleep masks  188 slicers  cheese (non-​electric)  71 egg (non-​electric)  71 slide fasteners (zippers)  190, 191, 193–​4 slides (photography)  126 sling bags  146, 148–​9 slings as supportive bandages versus carrying infants 95 slings for carrying infants  146, 147, 148–​9, 150–​1 smartglasses 86 smartphones 86 smart rings  117 smartwatches  86, 113, 117 smokers’ articles  ashtrays 41, 239 in Class 34 heading  239, 240 made of precious metal  241 smoking, herbs for  240 for medical purposes  241 snack-​bar services  298 snow  artificial 264 artificial for Christmas trees  202

489

snow globes  203, 207 snowshoes 208 snuff 239 soap(s)  24, 27, 36, 45 almond 19 antiperspirant/​deodorant  19 for foot perspiration  19, 22 holders 173 included in Class 3  17, 19 laundry 18, 19 medicated  17, 23, 27, 45 in Class 5  34, 36, 40 metallic, for industrial purposes  19 non-​medicated  17, 18, 19 social escort services  310, 312, 313 social events, services provided in relation with 310, 312 socks, electrically heated  87, 101, 104 soda ash 5 soft drinks see beverages; drinks software see computer software software as a service (SaaS)  296 solarium services  308 solar thermal collectors (heating)  104 soldering  apparatus 1, 3, 4 blow pipes  66 chemicals 4 fluxes 4 irons 66 preparations  1, 3–​4 threads of plastic for  181 wire of metal  3 solvents for varnishes  8 sound, apparatus for recording, transmission, amplification, modification, and reproduction of  73, 75, 120, 122 sound, production versus manipulation  122 soundproofing materials  139 sound sequence  122 soy  -​based beverages  217 other than milk substitutes  236 bean paste (condiment)  225 milk 217, 236 space heating apparatus  82 electrical 82 rental of 281 spangles  for clothing  191 mica 191 spatulas  67, 124, 128, 133 special instruments  65, 69 spectacle lenses  165, 173 spices 218, 220 spin driers  100 split rings for precious metal for keys  116 sponges in Class 21 heading  165, 167 sponsorship search  250

490

490

Index

sporting firearms  203 sports  activities in Class 41 heading  282, 283–​4 articles  athletic supporters, men’s  208 camouflage screens  208 in Class 28 heading  200, 201–​2 harpoon guns  110, 200, 204, 205 not in Class 28 heading  200, 205 boots 188 clothing 200, 205 competitions 283 equipment  inclusion of in Class 28  200, 203–​4 or toys versus decorative objects  205–​6 versus life-​saving apparatus and instruments  76–​7 events, timing of  284 gloves 202, 207 nets 175, 180 spouts 168 spray guns for paint  129 sprays for personal defense purposes  112 spring mattresses  157, 160 square rulers for drawing  81 squares for drawing  129 stamp appraisal  253 stamping mail checking apparatus  76 stands  decanter  165, 170–​1 dish  165, 170–​1 for musical instruments  122, 171 newspaper display  157, 159–​60 for pens and pencils  170–​1 for photographic apparatus  171 starch for laundry purposes  18 stationery  adhesives for 4 excluded from Class 1  7 in Class 16 heading  124, 126–​8 stations 269, 271 statistical data, compilation of  242, 244, 246 statues/​statuettes  124, 132–​3 of common metal  46, 50, 51–​2, 174 of porcelain, ceramic, earthenware, or glass 168 of precious metal  174 of stone, concrete, or marble  153, 155–​6, 174 of wood, wax, plaster, or plastic  159 steam-generating apparatus  97–​8, 99 steam producing apparatus (parts of machines) 97, 102 steel buildings  49 steel wool for cleaning  167, 173 sterilizing apparatus  101 stills, residue in after distillation  229 stirrups 148 stockings, for varices  88, 90, 92 stones 

gravestones 154 grindstones 17, 23 precious  113, 114–​15 pumice 19, 24 semi-precious  113, 114–​15 sharpening 17, 23 stoppers, rubber  137, 141–​3 stopping materials in Class 17 heading 137, 139 stopwatches 83, 115 storage 263 boat 270 containers  of metal  46, 49–​50 not of metal  157, 158–​9 rental 271 of goods  270 in Class 39 heading  269, 270 excluded from Class 37  259, 263 stoves 99 strait jackets  88, 90, 92 straw litter  230 straw mulch  1, 3, 8 street lamps  98 stretchers, wheeled  94 strings  in Class 22 heading  175, 176 for musical instruments  121, 176 excluded from Class 22  175, 179 for sports rackets  175, 176, 179 strollers 106 covers 106 stuffed animals  159 stuffing materials see padding and stuffing materials substances  dietetic adapted for medical use  34, 36–​7 for removing polish  22 for tanning  1, 4 sugar  213, 219, 220, 222 machines for the production of  64 tongs  67, 72, 165, 166, 170, 174 suitcases  146, 148–​9 sundials 115 sunflower seeds  213 prepared 228 supplements  mineral food  37, 214, 223 see also dietary supplements surfboards, bags designed for  146, 150, 206 surgical apparatus and instruments  in Class 10  88, 89–​90 surgical cutlery  65, 69 surgical dressings  42 surgical implants  artificial materials  44, 88, 92 living tissue  44, 88, 92, 93 surveillance services  310, 312 surveying apparatus and instruments  73, 75

 491

Index surveying chains  75 surveying levels  75 suture materials  88, 90, 92 suture needles  90 sweeping, dust binding compositions for use in 29 sweet corn  processed 217, 224 unprocessed 217 sweeteners, artificial  8 swimming belts  77 swimming jackets  77 swimming pools  46, 51 swimming wings  77 swords 68 scabbards 68 synthesizers, music  121, 123 syrups  for beverages  234 in Class 32 heading  233, 234 golden 220 tabbouleh 224 tablecloths, oilcloth for use as  183 table cups of paper  124, 134–​5 table cutlery  165, 171–​2 table linen  napkins of paper  185 napkins of textile  184 not of paper  132, 184 paper  124, 132, 182, 185 rental 301 tablemats of textile  184 table plates  168, 173 disposable 173 of paper  124, 134–​5 tables  massage 88, 94 operating  88, 89, 93, 94 rental 301 tableware (knives, forks, and spoons)  166 see also knives tacos 224 tags, luggage  146, 149 tahini (sesame seed paste)  216, 224 tampons 88, 93 tanning leather, oils for  28 tanning services  308 tanning substances  1, 4 tapestry (wall hangings), not of textile  198 tapioca  213, 218, 219 tariffs 269, 272 tarpaulins in Class 22 heading  175, 176 tattooing, apparatus for  71 taxidermy  159, 302, 306 tax preparation  243, 244 tea  43, 213, 221, 222, 224, 235 -​based beverages  218, 221 carts  106, 163–​4

491

in Class 30 heading  218, 219 flavored 235 herbal, for medicinal purposes  43 iced 235 for medicinal purposes  218, 222 pots 174 pots of precious metal  118 services (tableware)  174 trolleys  163–​4 teaching apparatus and instruments  in Class 9 heading  73, 77–​8 not included in Class 16  124, 133–​4 resuscitation mannequins  77, 84, 124, 129, 133–​4 versus instructional and teaching materials  73, 77–​8 tear-​gas weapons  112 technological services  288, 289, 291 technology consultancy  288, 291 teeth  artificial 75 material for stopping  34, 38 whitening strips  26 teething rings  95 tefillin (phylacteries)  151 telecommunications  267–​8 channels for teleshopping services  268 in Class 38 heading  265–​7 connections to a global computer network, provision of  267–​8 routing and junction services  268 teleconferencing services  268 telemarketing services  265, 267 telemedicine services  308 telephones  apparatus 78 booths 154 booths, not of metal  154 cell/​cellular  86 cordless 86 marketing (telemarketing) services  265, 267 mobile 86 unlocking 296 rental of  262, 315, 318 services 266 smartphones 86 telescopes, lenses for  75 television  advertising  246–​7 apparatus 78 broadcasting  242, 246–​7 entertainment  242, 246–​7 programs  diffusion 265, 266 production  242, 246–​7, 283, 285, 286 shopping  242, 245–​6 tempering preparations  1, 3–​4 temporary accommodation, rental  299 tents in Class 22 heading  175, 176

492

492

Index

terpenes 20 terrestrial globes  129 testing  apparatus not for medical purposes  76 material testing instruments and machines 76 preparations, classification of  35 psychological testing for the selection of personnel 248 textile 289 test tubes  74 textile  182–​6 deodorants 44 -​related classes  176, 181 testing 289 see also cloth; fabrics theatrical masks  202 therapeutic and assistive devices adapted for the disabled  88, 90–​1 thermometers 90 thimbles 191, 195 threads and yarns  90, 177, 181 elastic, not for use in textiles  181 of plastic for soldering  181 of rubber or plastic, not for textile use  137, 141 silk 181 for textile use excluded from Class 26 190, 195 ticket agency services (entertainment)  286–​7 tie-​backs  164 tie clips  113, 116 tie pins  113, 116 tiles 198 earthenware 165, 173 glass 152, 155 mirror 158 preservatives 11 timber  felling and processing  302, 306 standing  financial evaluation of  257 quality evaluation of  257 undressed 230, 231 unsawn  154, 226, 227, 230, 231 see also wood time clock  83 time recording apparatus  115 timetables 269, 272 tires  repairing compositions  140 rubber material for recapping  137, 140 titanium dioxide (pigment)  2 tobacco  in Class 34 heading  239–​40 excluded from Class 31  226, 232 flavorings other than essential oils, for  224 -​free cigarettes for medical purposes  241 substitutes (not for medical purposes) 239, 240

tobacco jars  240 tobacco pipes  240 cleaners for  240 racks for  240 toilets (water closets)  100, 101, 103 tomato  juice 220 puree 220 sauce 220 tombs 154 toner cartridges  for printers and photocopiers  15 unfilled 15, 127 refilling 264 tongs, sugar  67, 72, 166, 174 tongue scrapers  165, 172 tools  handles 55 rental/​hiring  259, 262 repair services for  259, 262–​3 see also gas-​operated tools; hand tools and implements; machines and machine tools toothbrushes 172, 173 electric  82–​3, 165, 170 non-​electric  83, 165, 170 tortilla presses, electric  104 tortillas 224 toupees  190, 192–​3 tour guides  313 tourist agencies/​offices  269, 272 travel arrangements excluded from Class 43 297, 299 towels 182, 184 of paper  184 toys  in Class 28  200, 201, 202, 203, 205–​6 for domestic pets  206 models  124, 133–​4 remote-​controlled vehicles  108, 208 robots as 62 sex  91, 200, 204–​5 tractors 59 traffic  information 275 light apparatus  85 training  of animals  282, 283, 284, 302, 306 practical 283 provision in Class 41 heading  282, 283 transcription 244 transmission  components (except for land vehicles)  56, 58–​9 of digital files  290 of electronic mail  266 lines, construction of  259, 261 of sound or images, apparatus for  73, 78 transmissions for machines  106 transmissions other than for land vehicles  106

 493

Index transport 269, 273 advertising 269, 273 air 270 ambulance 274 excluded from Class 44  302, 306 armored-​car  270 brokerage  255, 269, 272 buildings, not of metal, transportable  152, 153–​4 buildings of metal, transportable  46, 48–​9, 51 in Class 39 heading  270–​3 containers, not of metal for  157, 158–​9 inspection of vehicles or goods before  269, 272–​3 insurance during  269, 273 metal containers for  46, 49–​50 for rescue operations  270 security 310, 313 vehicles, hiring  269, 271 travel  agents 269, 273 arrangements  269, 270, 297, 299 bags  146, 147, 148–​9 escorting of travelers  310, 313 reservations  for accommodation  297, 298 hotel 269, 274 trunks 149 travelers’ checks  excluded from Class 39  269, 273 issuing of  252, 256, 274 treacle  218, 219–​20 treads for retreading tires  140 treatment of materials  276–​9 trucks, rental  271 truffles  fresh 226, 230 preserved 230 trunks  148–​9, 1416 in Class 18 heading  146, 147 traveling 149 trusteeship 256 tubes see pipes tuition, deleted  287 turf, artificial  198 twine  175, 177–​8 twirling batons  203 typewriters 127, 128 in Class 16 heading  124, 131 ink for 15 typing 244 tyres  repairing compositions  140 rubber material for recapping  137, 140 umbrellas  146, 147–​8 underwriting services  252, 257 ungluing preparations  8 unloading  269, 271–​2

493

unlocking of mobile phones  296 upholstery wool (stuffing)  177, 180 user access to a global computer network, provision of 268 utensils  personal grooming  129, 166, 172 see also cooking; household; kitchen vacuum cleaners  57, 63 bags 63 valises 148 valuation services  252, 257 valves (parts of machines)  54 vanity case  fitted 173 not fitted  173 varnishes  10–​11, 13 bitumen 153 insulating  10, 14–​15 solvents for 8 varnishing 260 vegetables  choppers 67 fresh in Class 31 heading  226, 227–​8 preserved, frozen, dried, and cooked in Class 29 heading  209, 210–​11 salads 227 shredders 67 vehicles  air cushion  105, 106–​7 anti-​glare devices for  107 anti-​rust treatment  260 apparatus for locomotion by land, air, or water  105–​6 chromium plating  276, 278 in Class 12  105–​9 covers, not fitted  175, 178 covers, shaped  178 direction signals for  98 glass for windows  168 joysticks for  87, 203 lights for 98 lubrication 260 maintenance and repair  269, 273–​4 parts excluded from Class 12  105, 107–​8 remote control, other than toys  108, 208 rental  269, 271, 303 repair  269, 273–​4 roof racks, rental  271 safety seats for children  106 scale models  108, 206 scooters 108 seats 108 service stations  274 simulators for the steering and control of 77, 134 storage services  259, 263 windows 108 see also automobiles

494

494 vending machines  79, 242, 245–​6 automatic  56, 60–​1 veneers 152, 154 ventilating apparatus  82, 97–​8, 100, 103 ventilation hoods  100 vermin, preparations for destroying  in Class 5  34, 38–​9 not included in Class 1  1, 7 pesticides 3 vermin exterminating (other than for agriculture)  263–​4 excluded from Class 44  302, 305 veterinary field  apparatus and instruments in Class 10  88, 89–​90 assistance 303 biological preparations for medical purposes 35 chemical reagents  35 dietetic food and beverages  34, 41, 42 greases for 29 preparations  in Class 5  34, 35 retail or wholesale services for  245, 251 services 302, 303 surgeons 288, 293 video game  apparatus 200, 201 joysticks 87 machines 84, 201 videotapes, rental  283 videotaping 285 vine disease, preventing and treating chemicals for 39 vinegar 218, 220 visagists’ services  308 vitreous silica fibers  168 for textile use  177 waffle irons  166 walking frames  91 walking sticks  146, 147–​8 wallets, pocket  146, 149 wall hangings  non-​textile  197, 198 of textile  183 wallpaper 198, 260 removing preparations  8, 15 wall tiles, adhesives for  5 warehousing 270 warming pans  97, 101 washing machines, coin-​operated  79 watches  73, 83, 115 bands 115 cases 115 component parts for  113, 117 crystals for  113, 117 movements for  113, 117 smartwatches 113, 117

Index springs for  113, 117 see also stopwatches water  aerated  233– ​4 apparatus, regulating and safety accessories for 103 distribution installations  100 mineral  233–​4 protective equipment used in  77 supply apparatus  97–​8, 100 wings 77 watercolor paintings  124, 132–​3 watercolor saucers  124, 132 watering cans  16, 168 wax 30 for dentistry  34, 38 depilatory 32 grafting for trees  32 laundry 18, 32 molding, for dentists  38 mustache 32 polishing 32 as raw material  159 in Class 4  32 sealing 32 for skiis  332 statues 159 weapons  fencing 65, 70 shoulder straps for  112 tear-​gas  112 weatherstripping 139 web servers, rental of  294 web sites  242, 245–​6 creating and maintaining for others  290 design consultancy  296 hosting 268 traffic optimization  251 weed killing  303 weighing apparatus and instruments  73, 76 welding apparatus  66 wet suits for water-​skiing  188, 202 wetting compositions see dust absorbing, wetting, and binding compositions whalebone 157, 163 for corsets  159 unworked or semi-​worked in Class 20 heading 157, 159 wheat 227 flour 227 wheelchairs  60, 88, 91, 94 wheeled shopping bags  147 whey 211 whips 146, 148 wholesale services  251 outlets  242, 245–​6 for pharmaceutical, veterinary, and sanitary preparations and medical supplies  245 wicker goods  157, 163

 495

Index wicks  for candles  31 lamp 31 for lighting  28, 30–​1 wigs  190, 192–​3 windows  anti-​dazzle film for  137, 141 blinds and shades, indoor  157, 159–​60 fasteners 46, 51 for vehicles  108 wine ladles  67, 72, 166, 170 wires, non-​electric  46, 49, 52–​3 wood  adhesives for 5 chips for the manufacture of wood pulp  231 firewood 30 flooring  excluded from Class 20  157, 163 excluded from Class 27  197, 198–​9 goods in Class 20 when not included in other classes  157, 163 for making household utensils  154 paneling 231 paving 231 preservatives for  10, 11–​12 as raw material  227, 230 semi-​worked  152, 154, 230, 231 excluded from Class 31  226, 231 spills for lighting  30 veneers 152, 154 see also timber wool  combed 177 financial evaluation of  257 flock 179

quality evaluation of  257 raw or treated  175, 179 upholstery 177 see also threads and yarns word processing  244, 288, 292 wrapping 130 of goods  270 plastic sheets, films, and bags for  124, 129–​30 wreath-​making  303 wreaths of artificial flowers  192 writing  materials 129 of publicity texts  250, 287 of texts, other than publicity texts 250, 287 written communications and registrations services 242, 246 X-​ray apparatus  74, 75 X-​ray examinations  302, 304, 307 X-​ray technology  74 xylene 33 xylol 33 yarns see threads and yarns yeast 218, 220 for animal consumption  218, 223 dietary supplements  223 for pharmaceutical purposes  218, 223 yellow amber  115, 157, 159 yoga mats  197 yogurt 211 zippers (slide fasteners)  190, 191, 193–​4

495

496

 497

498

 499

500

 501

502

 503

504