USPTO Issues Final Rule Incorporating Nice Agreement Classification Changes | Practical Law

USPTO Issues Final Rule Incorporating Nice Agreement Classification Changes | Practical Law

The United States Patent and Trademark Office (USPTO) has issued a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks, which is published by the World Intellectual Property Organization (WIPO).

USPTO Issues Final Rule Incorporating Nice Agreement Classification Changes

Practical Law Legal Update 7-520-8505 (Approx. 3 pages)

USPTO Issues Final Rule Incorporating Nice Agreement Classification Changes

by PLC Intellectual Property & Technology
Published on 09 Aug 2012 • USA (National/Federal)
The United States Patent and Trademark Office (USPTO) has issued a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks, which is published by the World Intellectual Property Organization (WIPO).
On August 9, 2012, the USPTO issued a final rule to incorporate international trademark classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement), to which the US is a signatory. The Nice Agreement's changes became effective on January 1, 2012 and are listed in the tenth edition International Classification of Goods and Services for the Purposes of the Registration of Marks, published by the World Intellectual Property Organization (WIPO).
Under the final rule, the USPTO is revising Section 6.1 of Title 37 of the Code of Federal Regulations to incorporate the following classification changes and modifications:
  • Class 5 is amended to change "dietetic substances adapted for medical use," to "dietetic food and substances adapted for medical use," and to add "dietary supplements for humans and animals;" before "plasters."
  • Class 7 is amended to insert "automatic vending machines" after the word "eggs."
  • Class 9 is amended to insert "compact discs, DVDs and other digital recording media;" after "discs;" and to insert "computer software;" after "computers."
  • "Automatic vending machines and" is deleted from Class 9, because automatic vending machines are classified in Class 7.
  • Class 18 is amended to replace "umbrellas, parasols and walking sticks" with "umbrellas and parasols; walking sticks."
  • Class 24 is amended to replace "bed and table covers" with "bed covers; table covers."
  • Classes 30 and 31 are amended to reorder the manner in which the goods are listed in the class.
  • Class 32 is amended to replace "non-alcoholic drinks; fruit drinks" with "non-alcoholic beverages; fruit beverages."
The USPTO's rule is effective on August 9, 2012.