USPTO Issues Final Rule Incorporating 2017 Classification Changes to Nice Agreement | Practical Law

USPTO Issues Final Rule Incorporating 2017 Classification Changes to Nice Agreement | Practical Law

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

USPTO Issues Final Rule Incorporating 2017 Classification Changes to Nice Agreement

Practical Law Legal Update w-004-4098 (Approx. 4 pages)

USPTO Issues Final Rule Incorporating 2017 Classification Changes to Nice Agreement

by Practical Law Intellectual Property & Technology
Published on 04 Nov 2016 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) has issued a final rule incorporating 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 November 4, 2016, 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) (81 FR 76867-01 (Nov. 4, 2016)). The Nice Agreement's changes will be effective on January 1, 2017 and are listed in the eleventh edition, version 2017, International Classification of Goods and Services for the Purposes of the Registrations of Marks, published by the World Intellectual Property Organization (WIPO).
Under the final rule, the USPTO is revising 37 C.F.R. Section 6.1 to incorporate the following substantive classification changes and modifications:
  • Class 3 is amended to change "soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices" to "non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices."
  • Class 6 is amended to:
    • change "Common metals and their alloys" to "Common metals and their alloys, ores";
    • delete "ores" at the end of the class heading;
    • change "metal building materials" to "metal materials for building and construction";
    • delete "materials of metal for railway tracks," "ironmongery," and "pipes and tubes of metal"; and
    • insert "metal containers for storage or transport" before "safes."
  • Class 10 is amended to add "therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles."
  • Class 14 is amended to change "precious stones" to "precious and semi-precious stones."
  • Class 16 is amended to:
    • add "and office requisites, except furniture" after the term "stationery";
    • change "artists' materials" to "artists' and drawing materials";
    • delete "typewriters and office requisites (except furniture)";
    • change "instructional and teaching material (except apparatus)" to "instructional and teaching materials"; and
    • change "plastic materials for packaging" to "plastic sheets, films and bags for wrapping and packaging."
  • Class 17 is amended to:
    • change "plastics in extruded form for use in manufacture" to "plastics and resins in extruded form for use in manufacture"; and
    • change "flexible pipes, not of metal" to "flexible pipes, tubes and hoses, not of metal."
  • Class 18 is amended to:
    • change "trunks and travelling bags" to "luggage and carrying bags"; and
    • add "collars, leashes, and clothing for animals."
  • Class 20 is amended to add "containers, not of metal, for storage or transport" after "Furniture, mirrors, picture frames" and delete "ivory".
  • Class 21 is amended to:
    • delete "steelwood"; and
    • change "unworked or semi-worked glass (except glass used in building)" to "unworked or semi-worked glass, except building glass."
  • Class 22 is amended to:
    • change "tents, awnings, and tarpaulins" to "tents and tarpaulins; awnings of textile or synthetic materials";
    • change "sacks to "sacks for the transport and storage of materials in bulk"; and
    • add "and substitutes therefor" after "raw fibrous textile materials."
  • Class 24 is amended to delete "bed covers; table covers" and add "household linen; curtains of textile or plastic" after "Textiles and substitutes for textiles."
  • Class 26 is amended to add "hair decorations; false hair."
  • Class 28 is amended to change "Games and play things" to "Games, toys and playthings" and add "video game apparatus."
  • Class 31 is amended to:
    • change "Agricultural, horticultural and forestry products" to "Raw and unprocessed agricultural, aquacultural, horticultural and forestry products";
    • change "fresh fruits and vegetables" to " fresh fruits and vegetables, fresh herbs";
    • add "bulbs, seedlings and seeds for planting" after "natural plants and flowers"; and
    • change "foodstuffs for animals" to "foodstuffs and beverages for animals."
  • Class 45 is amended to change "security services for the protection of property and individuals" to "security services for the physical protection of tangible property and individuals."
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, 2017.