USPTO Issues Final Rule Incorporating Classification Changes to Nice Agreement

Practical Law Legal Update w-001-1119 (Approx. 4 pages)

USPTO Issues Final Rule Incorporating Classification Changes to Nice Agreement

by Practical Law Intellectual Property & Technology

Published on 23 Dec 2015 • USA (National/Federal)

The US Patent and Trademark Office (USPTO) has issued a final rule that incorporates trademark classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

On December 23, 2015, 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 will be effective on January 1, 2016 and are listed in the tenth edition, version 2016, 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 2 is amended to change “metals in foil and powder form for painters, decorators, printers and artists” to “metals in foil and powder form for use in painting, decorating, printing and art.”
Class 5 is amended to change “Pharmaceutical and veterinary preparations” to “Pharmaceuticals, medical and veterinary preparations.”
Class 6 is amended to delete “goods of common metal not included in other classes.”
Class 14 is amended to delete “and goods in precious metals or coated therewith, not included in other classes.”
Class 16 is amended to change “Paper, cardboard and goods made from these materials, not included in other classes” to “Paper and cardboard.” The wording “(not included in other classes)” is deleted from the phrase “plastic materials for packaging (not included in other classes).”
Class 17 is amended to change “Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes” to “Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials.”
Class 18 is amended to delete “and goods made of these materials and not included in other classes” from the phrase “Leather and imitations of leather, and goods made of these materials and not included in other classes.”
Class 20 is amended to change “goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics” to “unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.”
Class 21 is amended to delete “not included in other classes” from the phrase “glassware, porcelain and earthenware not included in other classes.”
Class 22 is amended to change “Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes);” to “Ropes and string; nets; tents, awnings and tarpaulins; sails;” and the wording “paper, cardboard,” is added before the term “rubber” in the phrase “padding and stuffing materials (except of rubber or plastics).”
Class 24 is amended to replace “Textiles and textile goods, not included in other classes” with “Textiles and substitutes for textiles.”
Class 28 is amended to delete “not included in other classes” from the phrase “gymnastic and sporting articles not included in other classes.”
Class 30 is amended to change “pastry” to “pastries.” The term “edible” is inserted before the term “ices.”
Class 31 is amended to change “Grains and agricultural, horticultural and forestry products not included in other classes” and “seeds” to “Agricultural, horticultural and forestry products; raw and unprocessed grains and seeds.”

Additionally, the USPTO will make minor revisions to punctuation and grammar so that Section 6.1 will conform to what appears in the Nice Agreement.

This rule will be effective on January 1, 2016.

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