029
{Indicate whether frozen, prepared or packaged} vegetable-based ent
rees
Changed from "vegetarian entrees" since that language can include pasta- or ric
e-based entrees which would be in 30.
008
Abrading tools [hand operated]
Incorrect class in original entry now corrected.
While all hand-operated or manually-operated tools (that is, tools powered by h
and, not an external power source) are in Class 8, note that not all hand HELD
tools are in Class 8 since many power tools in Class 7 are aldo hand held.
045
Accident investigations
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
The investigations in this class are investigations being done for the safety o
f persons or entities. Hence, a pre-employment background investigation is in
class 45 because such investigations are done to ensure the safety of current e
mployees and the
business of the employer. Similarly, investigations of insurance claims are in
class 45 because they are done to ensure that the claimant is not committing a
fraud on the insurance company.
Investigations that are NOT in this class are those that have a different purpo
se than ensuring safety i.e. a business investigation, looking at the processes
of business (class 35) or a financial investigation that determines the finan
cial soundness
of a company (class 36), or a scientific investigation (class 42).
042
Accreditation services, namely, developing, evaluating, and testing
standards for {indicate goods or services} for the purpose of accreditation
This is NOT the accreditation or certification service itself. This ID covers a
ctivities that establish criteria for the accreditation or certification. Accre
ditation and certification themselves are in classes A & B.
005
Acne treatment preparations
These refer to medicated acne treatment preparations. Non-medicated acne treatm
ent preparations are in Class 3.
009
Acoustic membranes
Specification of use was deleted from this entry because the item is clearly st
ated and is always used in sound recording or reproducing apparatus, all of whi
ch are in Class 9.
044
Acupuncture services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Addiction treatment services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
016
Adhesive labels
These are paper labels. Plastic adhesive labels are in 20.
001
Adhesives for mending broken articles (General purpose)
This entry was deleted because it required adhesives used in the home or office
for repairing small items be classified in the same class with industrial adhe
sives and this did not seem appropriate. The entry “Adhesives for stationery or
household
purposes” in Class 16 would include adhesives used in the home or office for re
pairing small items. At the time of this deletion, the Nice Agreement was also
amended to reflect that adhesives for industrial use are classified in Class 1
, while
adhesives for stationery or household purposes are classified in Class 16.
035
Administration of a discount program for enabling participants to o
btain discounts on goods and services through use of a discount membership card
This service is only the business administration of a discount card program - i
t does not involve payment of money so it is in 35, not 36.
036
Administration of employee benefit plans concerning insurance and f
inance
Modified to add "concerning insurance and finance" in order to avoid confusion
with administration of other benefit plans like fitness club memberships the ad
ministration of which would be in 35.
045
Adoption agencies
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Adoption placement
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
010
Adult sexual stimulation aids, namely, {indicate type, e.g., artifi
cial penises, penis enlargers, vibrators, benwa balls, artificial vaginas}
Sexual accessories that are not for direct stimulation, such as blindfolds, arm
and leg restraints, handcuffs, etc. are classified according to what they are
or material composition.
035
Advertising and marketing
This identification should be used as an entire phrase. Advertising services by
itself would be acceptable. But marketing services can reasonably refer to a r
etail-type activity. In the context of the language of this ID, marketing refer
s to
promoting or advertising the goods and services of others. While a retail servi
ce would also be in Class 35, the nature and purpose of that type of service is
very different from an advertising type of service.
041
Aerial photography
These services were transferred to Class 41 from Class 42 due to the restructur
ing of Class 42 that was implemented in the 8th edition of the Nice Agreement.
This entry and other services relating to the taking of photographs were transf
erred to
Class 41 as a result of the restructuring.
010
Aerosol dispensers for medical use
These goods are sold without pharmaceuticals in them. If they are sold filled w
ith pharmaceuticals, the pharmaceutical must be properly identified and the goo
ds are in Class 5.
003
After shave lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
After sun creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
After-shave creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
After-shave lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
After-sun lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Age retardant lotion
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Age spot reducing creams
These refer to non-medicated creams. Medicated creams are in Class 5.
044
Agricultural advice
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
005
Air deodorant
Note that deodorants for personal use (use on the body of human or animal) are
in Class 3
012
Airplanes and structural parts therefor
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
039
Airport baggage check-in services
Amended from Class 35 to be consistent with other entries in the ID Manual.
045
Alarm response and verification services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
018
All purpose sport bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., Bowling ball bags in Class 28
, ski boot bags in Class 25, ski bags in Class 28.
018
All-purpose athletic bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., Bowling ball bags in Class 28
, ski boot bags in Class 25, ski bags in Class 28.
018
All-purpose carrying bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
045
Alternative dispute resolution
Transferred from Class 42 pursuant to the 9th edition of the Nice Agreement.
041
Amateur youth sports services, namely, organizing and providing you
th sports activities
7-24-08 "and managing" was deleted from the entry because managing is a Class 3
5 activity and must be done for others. Managing one's own activities is not a
service that is separable from conducting the primary service.
012
Ambulances and structural parts therefor
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
041
Analyzing educational tests scores and data for others
These services were transferred to Class 41 from Class 42 due to the restructur
ing of Class 42 that was implemented in the 8th edition of the Nice Agreement.
This entry and other services related to educational testing were transferred t
o Class
as a result of the restructuring.
044
Animal breeding
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
018
Animal game bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
044
Animal grooming
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Animal husbandry
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Ant habitats
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
021
Ant vivaria
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
005
Antimicrobial coatings to treat the growth of mold, mildew, bacteri
a and fungus on various surfaces
The word "prevent" was changed to "treat" - regarding care of inanimate objects
, prevention is a Class 1 characteristic; treatment is a Class 5 characteristic
003
Antiperspirants and deodorants for personal use
Note that household, room and other deodorants not used on the body are in Clas
s 5.
003
Anti-aging cream
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Anti-aging creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Anti-freckle creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Anti-static spray for clothing
Transferred from Class 1 based on entry in the Nice Alphabetical List for "anti
static preparations for household purposes" in Class 3
003
Anti-wrinkle cream
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Anti-wrinkle creams
These refer to non-medicated creams. Medicated creams are in Class 5.
010
Apparatus for dispensing non-medical oxygen and aromatherapy that a
lso utilizes light, sound, and vibration for relaxation therapy
These goods are sold without pharmaceuticals in them. If they are sold filled w
ith pharmaceuticals, the pharmaceutical must be properly identified and the goo
ds are in Class 5.
012
Apparatus for locomotion by air and space, namely, airborne platfor
ms for serving spacecrafts and conducting space applications, and structural pa
rts and structural fittings for all o
f the aforementioned goods
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
029
Appetizers, namely, breaded and fried jalapeno peppers
Changed from "jalapeno poppers" - POPPERS is a registered trademark for this ty
pe of appetizer.
029
Applesauce
This is in Class 29 because it is a fruit-based side dish and not a true sauce.
Fruit sauces other than applesauce and cranberry sauce are in Class 30.
021
Applicator sticks for applying make-up
The language cosmetic applicators would not be acceptable in Class 21 because c
ertain cosmetic applicators such as cotton balls for cosmetic purposes are in C
lass 3.
040
Applying finishes to {indicate specific item, e.g. cloth, clothing,
fabric, textiles}
This service covers the application of finishes that affect the functioning of
the goods - they change the nature of the goods in some way. Examples would be
application of waterproofing finishes, rustproofing finishes, etc. Application
of paint or
some other coating that doesn't change the underlying nature of the goods being
coated would be in 37.
021
Aquarium air stones
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
021
Aquarium covers
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Classification.
021
Aquarium fish nets
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
021
Aquarium hoods
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
021
Aquariums
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
045
Arbitration
Transferred from Class 42 pursuant to the 9th edition of the Nice Agreement.
043
Arena services, namely providing facilities for sports, concerts, c
onventions and exhibitions
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
003
Aromatherapy creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Aromatherapy lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
044
Aromatherapy services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
031
Aromatic sand [litter] for pets
This entry was transferred from Clas 19 to Class 31. It is more appropriately c
lassified with other animal litter products in Class 31.
041
Arranging and conducting educational conferences
Service is intended to cover the activity of generally arranging and conducting
conferences in any field. If the applicant is arranging and conducting an educ
ational conference in a particular field, the identification should be limited
to that
field.
041
Arranging of exhibitions, seminars and conferences
This language has proved too broad for continued acceptance in the USPTO. It ca
n include services in Class 35 if the exhibitions and conferences are for busin
ess purposes.
041
Arranging of seminars and conferences
This language has proved too broad for continued acceptance in the USPTO. It ca
n include services in Class 35 if the conferences are for business purposes.
043
Arranging temporary housing accommodations
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Artificial aquarium landscapes
This entry was transferred from Class 16 to Class 21 pursuant to the 9th editio
n of Nice Agreement.
003
Artificial fingernails of precious metal
Tranferred from Class 14 pursuant to the 9th edition of the Nice Agreement.
044
Artificial insemination
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
016
Arts and craft paint kits
If the paints are sold separately from the arts and craft paint kit, they are i
n Class 2.
009
Asbestos safety screens for firemen
This entry was transferred from Class 17 to Class 9 due to the restructuring th
at was implemented in the 9th edition of the Nice Agreement.
034
Ashtrays for smokers made of precious metals
Transferred from Class 14 in accordance with 9th Edition of Nice Agreement.
034
Ashtrays of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice Agreement.
035
Association services, namely, promoting the interests of {indicate
specific group, e.g. mathematicians, skydivers, authors}
Due to the restructuring of Class 42, association services could no longer be c
lassified in that class. Associations, unions, PAC’s and interest groups promot
e the concerns of their
membership through lobbying, information dissemination, etc. These
are Class 35 activities even when the purpose of the association, PAC, interest
group is not commercial in nature. The concern of the group is the “business”
of its membership.
045
Astrological forecasting
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Astrology consultation
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
018
Athletic bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
045
Attorney services
Services were transferred from Class 42 pursuant to changes in the 9th edition
of the Nice Agreement.
009
Automatic inlet control valves for reciprocating air compressors
Note that manually operated metal valves are in Class 6; valves being machine p
arts and engine valves for vehicles and machinery are in Class 7; valves for pl
umbing and heating and cooling installations are in Class 11; rubber, manually
operated
valves are in Class 17 and plastic, manually operated valves are in Class 20.
009
Automatic valves
Note that manually operated metal valves are in Class 6; valves being machine p
arts and engine valves for vehicles and machinery are in Class 7; valves for pl
umbing and heating and cooling installations are in Class 11; rubber, manually
operated
valves are in Class 17 and plastic, manually operated valves are in Class 20.
042
Automobile clubs
Identification too broad due to the restructuring of Class 42 in the 8th editio
n of the Nice Agreement. Specific services must be specified and classified app
ropriately.
012
Automobile engines
Complete motors and engines for land vehicles are in Class 12, however, parts o
f all motors and engines such as camshafts, cylinders, cylinder, pistons and ot
her parts essential to their working such as alternators, belts and carburetors
are in
Class 7.
007
Automobile oil pans
Oil pans are parts of engines or motors and are, therefore, in Class 7.
035
Automobile registration, namely, assignment of vehicle identificat
ion numbers to deter theft
This entry was transferred from Class 42 to Class 35 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
012
Automobiles and structural parts therefor
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
012
Automotive body kits comprising external structural parts of automo
biles
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
022
Awnings
These are awnings not of metal - metal awnings are in Class 6.
025
Baby bibs not of paper
Using the term "bibs" by itself in Class 25 can include ski bibs and bib overal
ls. Paper baby bibs are in Class 16.
003
Baby lotion
These refer to non-medicated lotions. Medicated lotions are in Class 5.
045
Baby sitting
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Baggage handling inspections for airlines
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
022
Bags (Polyethelene)
This entry was deleted because it included bags that were classified in other c
lasses, e.g., plastic bags for packaging in Class 16.
022
Bags for commercial use (General Utility)
This entry was deleted because it included bags that were classified in other c
lasses, e.g., plastic bags for packaging in Class 16.
018
Bags for sports
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
022
Bags not for luggage or travel (Vinyl)
This entry was deleted because it included bags that were classified in other c
lasses, e.g., plastic bags for packaging in Class 16.
030
Baking soda [bicarbonate of soda for baking purposes]
Modified existing entry to add the information in brackets in the Nice Agreemen
t
019
Balcony enclosures
These items are not made of metal. Metal balcony enclosures would be in Class 6
.
007
Ball valves being parts of machines
Note that manually operated metal valves are in Class 6; automatic control valv
es are in Class 9; valves for plumbing and heating and cooling installations ar
e in Class 11; rubber, manually operated valves are in Class 17 and plastic, ma
nually
operated valves are in Class 20.
020
Bamboo blinds
Due to various transfers in the 8th edition of the Nice Agreement, all interior
window blinds are now classified in Class 20 regardless of material compositio
n. Curtains, however, remained in Class 24. This text of this item was changed
from
"curtains" to "blinds" in order to avoid confusion.
043
Bar services
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Barbershops
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
028
Baseball glove conditioning oil
Transferred from Class 4. More analogous with ski wax which is in Class 28 than
other oils or waxes that would be in Class 4.
003
Bath lotion
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Bathing lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
011
Bathtub enclosures
Does not include plumbing fixtures
025
Beachwear
"Wear" terms such as this one have been accepted by the USPTO for many years an
d will continue to be accepted. However, generally, various fields of "wear" co
ver a wide range of clothing some of which may be commonly understood to be inc
luded in
this terminology and some may not. Therefore, acceptable "wear" terms should be
limited to those that are currently included in the Manual. Also, note that su
bstitution of "clothing" for "wear" is not acceptable.
028
Bean bags
This refers to bean bag toys. Bean bag chairs are in Class 20.
003
Beauty care cosmetic products
Item deleted because "products" can include cosmetic-related goods that are not
in Class 3, such as cosmetic brushes in Class 21 and nail files in Class 8.
003
Beauty creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Beauty creams for body care
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Beauty lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
044
Beauty salons
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
026
Belt buckles of precious metal [for clothing]
This entry was transferred from Class 14 to Class 26 pursuant to the 9th editio
n of the Nice Agreement.
013
Belts for military equipment
Deleted because military equipment can include items that are not in Class 13 s
o the belts for holding them would not be in Class 13, e.g., canteens, mess kit
s, flashlights, knives, binoculars, etc.
041
Betting services
Wagering, betting, gaming and gambling services were transferred from Class 36
to Class 41 in the 8th edition of the Nice Agreement.
008
Bevels (Hand tools, namely)
This was deleted because a bevel is not a hand tool, it is a measuring apparatu
s. The item “Measuring apparatus, namely, bevels” was added in Class 9.
006
Bicycle racing number plates made of metal
This was transferred from Class 12 since they are analogous to license plates f
or vehicles - they do not become part of the bicycle so must be classified by m
aterial composition. Non-metal number plates are in Class 20.
006
Bicycle storage racks of metal
Bicycle storage racks are classified by material composition because they are a
nalogous to small structures.
019
Bicycle storage racks, not of metal
Bicycle storage racks are classified by material composition because they are a
nalogous to small structures.
025
Bicycling gloves
Moved from Class 28.
005
Biological and chemical preparations and reagents for medical or ve
terinary use
This was a trilateral entry, but it has proven to be too broad under USPTO stan
dards of specificity required for an identification of goods of this type.
005
Biological implants, namely, avital processed human or animal conne
ctive tissue
Implants consisting of artificial or synthetic materials are in Class 10
001
Biomedical compounds, namely, peptide substrates used in analyzing
and detecting certain toxins for clinical or medical laboratory use
7/17/08 - Goods transferred from Class 5 since they are for laboratory use and
not actual treatment or diagnosis of a particular individual.
008
Bits for hand drills
Bits for power drills are in Class 7
007
Bits for power drills
Bits for hand drills are in Class 8
008
Blades and brushes for electric hair clippers and trimmers
Electric hair clippers and trimmers are in 8 so the blades and brushes for them
must be in 8 as well.
009
Blank hard drives for computers
The word "blank" was added to the ID - it is becoming more and more common to p
roduce hard drives that have subject matter on them, particularly when the subj
ect matter is a very large volume of data.
044
Blood banks
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
040
Blueprinting
These services were transferred to Class 40 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. It is a chemic
al developing activity similar to the Class 40 activity of photographic film de
veloping.
043
Boarding houses
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
020
Boards (Sign)
Entry is indefinite. Signboards are classified by material composition.
012
Boats and structural parts therefor
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
003
Body and beauty care preparations
Entry deleted and trilateral designation removed because "body care preparation
s" includes items in Class 5.
003
Body cream
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Body creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Body lotion
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Body lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Body mask cream
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Body mask lotion
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Body washes
Limited to washes used on humans or animals. The term is a registered mark as a
pplied to goods for washing cars and should not be used as a generic term in th
at context.
045
Bodyguard services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
026
Bonnet pins of precious metal
Transferred from Class 14 pursuant to the 9th edition of the Nice Agreement.
041
Book and review publishing
This refers to the service of publishing the periodicals or printed matter of o
thers. Note that the publication of one's own periodical or printed matter is n
ot a service because it is done primarily for applicant's own benefit and not f
or the
benefit of others. Rather, it would be considered goods in Class 16, e.g., news
papers, magazines.
016
Book markers of precious metal
This entry was transferred from Class 14 to Class 16 pursuant to the 9th editio
n of the Nice Agreement.
041
Book publishing
This refers to the service of publishing the periodicals or printed matter of o
thers. Note that the publication of one's own periodical or printed matter is n
ot a service because it is done primarily for applicant's own benefit and not f
or the
benefit of others. Rather, it would be considered goods in Class 16, e.g., news
papers, magazines.
020
Book rests
This entry was transferred from Class 16 to Class 20. This was done to bring US
practice into conformance with the addition of this item in Class 20 in the 8t
h edition of the Nice Agree
ment.
042
Bottling
This service was transferred to Class 40 since bottling activities require some
kind of material treatment of the goods being bottled.
039
Bottling services [packaging]
Transferred from Class 40. Bottling is a form of packaging in Class 39. Custom
manufacture of beverages is in 40 but that goes beyond just "bottling."
021
Bowls made of precious metal
This entry was transferred from Class 14 to Class 021 pursuant to the 9th editi
on of the Nice Agreement.
026
Boxes of precious metal for needles
This entry was transferred from Class 14 to Class 26 to the restructuring that
was implemented in the 9th edition of the Nice Agreement.
021
Boxes of precious metal for sweets
This entry was transferred from Class 14 to Class 21 due to the restructuring t
hat was implemented in the 9th edition of the Nice Agreement.
041
Braille transcription
These services were transferred to Class 41 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other translation servic
es were transferred to Class 41 as a result of the restructuring.
041
Braille translation
These services were transferred to Class 41 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other translation servic
es were transferred to Class 41 as a result of the restructuring.
044
Breeding and stud services for {indicate type of animal, e.g. cattl
e, horses}
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
040
Brewery services
In order to be a service, the brewery service must be brewing beer for others.
Brewing one's own beer for later retail distribution is not a service.
005
Bronchodilators
This ID covers the bronchodilating preparations - a broncho dilator in the natu
re of a delivery mechanism is in Class 10 unless sold filled with the preparati
on.
016
Buckets (Paint)
This entry was deleted because buckets are classified in Class 21 regardless of
their use or what they are intended to hold.
037
Building inspection [in the course of building construction]
This activity covered by this identification is the inspection that takes place
in the course of constructing a new building. Therefore, it is classified in C
lass 37 because it is integral to the construction process.
036
Building management
This refers to the real estate management of building, e.g., renting space. Not
e that hotel management for others is in Class 35.
020
Bulletin boards
Transferred from Class 16 based on discussion at 26th Preparatory Working Group
of Nice meeting in Geneva. Analogous to display boards in 20.
011
Bunsen burners for laboratory use
Tranferred to Class 11 based on entry in Nice Agreement for "laboratory burners
" in Class 11.
012
Buses and structural parts therefor
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
035
Business marketing and direct mail consulting services
No longer a trilateral entry as of 6/28/07 but still accepted in the USPTO
035
Business marketing consulting services
No longer a trilateral entry as of 6/28/07 but still accepted in the USPTO
035
Business meeting planning
The planning of business meetings or other business events are in Class 35. The
planning of special events that are usually done for entertainment purposes is
in Class 41.
042
Butler services
Identification too broad - services of a butler must be indicated specifically
and classified appropriately.
025
Button-front aloha shirts
Modified from "aloha shirts" - ALOHA is a reg TM for T-Shirts but not for butto
n down shirts.
041
Cabarets
This item was transferred from Class 42 to Class 41 in the 8th edition of the N
ice Agreement. Therefore, the entry was transferred from Class 42 to Class 41 i
n the US ID Manual as well.
041
Cable television programming [scheduling]
This service does not refer to a series of programs - it is ONLY a scheduling s
ervice.
043
Cafes
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
043
Cafeterias
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
012
Caissons [vehicles]
7/24/08 - transferred from Class 13. Caissons are vehicles for transport. Only
if the goods are indicated as being specially adapted for transport of firearms
would they been in Class 13. The Nice Agreement classifies this item in Class
12 and the
USPTO must comply with that classification.
041
Calligraphy services
This entry was transferred from Class 42 to Class 41 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Candle extinguishers and candlesticks of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Candle holders of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Candle rings of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Candle snuffer and tray combination made in whole or in part of pre
cious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Candle snuffers of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Candlesticks of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
043
Canteen services
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
042
Car clubs
Identification too broad due to the restructuring of Class 42 in the 8th editio
n of the Nice Agreement. Specific services must be specified and classified app
ropriately.
005
Car deodorant
Note that deodorants for personal use (use on the body of human or animal) are
in Class 3
041
Career counseling
These services were transferred to Class 41 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other services that give
advice concerning education options were transferred to Class 41
as a result of the restructuring.
018
Carrying cases
Note that cases that are fitted to carry a particular item are classified with
the product that they are designed to carry, e.g., computer carrying cases in C
lass 9, musical keyboard carrying cases in Class 15, cart carrying cases in Cla
ss 28.
018
Carry-all bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
018
Carry-on bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
043
Carry-out restaurants
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Cartoon character licensing [legal services]
Transferred from Class 35 pursuant to 9th edition of Nice Agreement
045
Case management services, namely, coordination of legal, social and
psychological services for domestically abused persons
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
020
Cat scratching posts
Goods transferred from Class 18 based on entry in Nice Agreement for scratching
posts for cats in 20
043
Catering
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
008
Center punches [hand-held]
These tools are powered by hand, not by an electricity or other non-manual powe
r source.
009
Central processing unit (CPU) clocks
While most clocks are in Class 14, this is a highly specialized item used in a
computer.
042
Certification of the inaccuracy of scales
Entry deleted and trilateral designation withdrawn because "certification" is n
ot a service in any international class. It is a specialized activity in US cla
sses A or B.
012
Chair lifts
These goods are in Class 12 because their primary purpose is transportation.
045
Chaperoning
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
035
Charitable services, namely, organizing and conducting volunteer pr
ograms and community service projects
These services are in Class 35 because the underlying service in organizing and
conducting these programs and projects functions like an employment agency or
other business organizing
activity.
042
Charitable services, namely providing food, clothing, and/or medici
ne [Note: this service does not involve funds]
Identification too broad under 8th edition of the Nice Agreement. Nature of goo
ds or services provided controls classification.
035
Charitable services, namely, organizing youth groups to undertake p
rojects to benefit the needy and the community to encourage leadership, charact
er, compassion, and good citizenship
These services were tranferred from Class 45 to Class 35 because the underlyin
g service in organizing and conducting these programs and projects functions li
ke an employment agency or other business organizing activity.
035
Charitable services, namely, organizing women's groups to undertake
projects which benefit the homeless, abused, at risk women and women in transi
tion and in pain, while encouraging empowerment among women of all ages and eth
nicities
These services are in Class 35 because the underlying service in organizing and
conducting these programs and projects functions like an employment agency or
other business organizing
activity.
014
Charms [personal jewelry]
Charms for affixation to inanimate objects are in the class of the object, e.g.
, decorative charms for cellular phones are in 9 and Charms for attachment to b
everage glassware for identification purposes are in 21
001
Chemical additives for fuel treatment
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
001
Chemical additives for use with internal combustion engine fuels
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
001
Chemical additives for enhancing the performance of lubricating oil
s, greases and internal combustion engine fuels
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
001
Chemical adsorbents for removing impurities from fuel
Non-chemical based adsorbents for oils and fuels are in Class 4
001
Chemical engine treatments and additives for engine oils, gasoline
and diesel fuels, transmission fluids and cooling systems
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
001
Chemical gasoline additives
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
001
Chemical motor oil additives
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
001
Chemicals (Photocopier)
This entry was deleted because chemicals are generally classified in Class 1. H
owever, the entries concerning photocopier toners in Class 2 were added at the
same time as this deletion.
001
Chemicals for use in industry and science
This refers to chemicals in a raw, pure or unfinished state - if the chemicals
are in the form of a finished product that would be in another class, such as a
cleaning product, the goods are in the class of the finished product.
001
Chemicals for use in industry
This refers to chemicals in a raw, pure or unfinished state - if the chemicals
are in the form of a finished product that would be in another class, such as a
cleaning product, the goods are in the class of the finished product.
001
Chemicals for use in agriculture
This refers to chemicals in a raw, pure or unfinished state - if the chemicals
are in the form of a finished product that would be in another class, such as a
pesticide, the goods are in the class of the finished product.
001
Chemicals used in industry
This refers to chemicals in a raw, pure or unfinished state - if the chemicals
are in the form of a finished product that would be in another class, such as a
cleaning product, the goods are in the class of the finished product.
043
Child care
This service encompasses only temporary care of a child at a location other tha
n the home.
043
Child care centers
This service encompasses only temporary care of a child at a location other tha
n the home.
043
Child care services
This service encompasses only temporary care of a child at a location other tha
n the home.
044
Chiropractic services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
008
Chisels [hand-operated]
While all hand-operated or manually-operated tools (that is, tools powered by h
and, not an external power source) are in Class 8, note that not all hand HELD
tools are in Class 8 since many power tools in Class 7 are aldo hand held.
028
Christmas garlands
Confusing entry - only artificial Christmas garlands are in Class 28. Live, fre
sh or dried garlands are in Class 31.
028
Christmas tree decorations [except confectionery or illumination a
rticles]
Decorations and ornaments that are not for Christmas trees are classified by th
eir material compositions.
028
Christmas tree ornaments [except confectionery or illumination art
icles]
Decorations and ornaments that are not for Christmas trees are classified by th
eir material compositions.
028
Christmas tree ornaments and decorations
Decorations and ornaments that are not for Christmas trees are classified by th
eir material compositions.
034
Cigar and cigarette boxes of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice Agreement.
034
Cigarette ash receptacles
These are urn-like items that stand on the floor. They are rarely, if ever, mad
e of precious metal so the ID does not have to indicate that as it does with th
e smaller ashtrays.
034
Cigarette cases made of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice Agreement.
034
Cigarette holders of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice Agreement.
034
Cigarette lighters of precious metal [not for automobiles]
Transferred from Class 14 in accordance with 9th Edition of Nice Agreement.
041
Cinematographic adaptation and editing
These services were transferred to Class 41 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement.
045
Civil protection
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
003
Cleaning and polishing paper
Goods are in Class 3 in the Nice Agreement so these goods have been moved from
their previous Class 16 designation.
009
Clinical laboratory analyzers for measuring, testing and analyzing
blood and other bodily fluids
Incorrect class (23) noted in original entry made on 4/5/07.
040
Closed captioning of films and videos
This entry was transferred from Class 41 to Class 40 in accordance with other e
ntries for services that insert or otherwise materially alter electronic data t
hat are in Class 40, e.g., inserting software protection programs and security
programs
onto magnetic media
045
Closing services for mortgage loans
Transferred from Class 42 pursuant to changes in 9the edition of the Nice Agree
ment.
025
Cloth bibs
This refers to eating bibs for babies made of cloth, not bib overalls or ski bi
bs.
009
Clothing for use in laboratories
This is protective clothing only for protection from exposure to heat, radiatio
n, caustic substances, etc., like a clean suit. It is not a lab coat or other r
egular clothing item that happens to be worn in a laboratory environment.
021
Coasters not of paper and not being table linen
Materials that would cause these goods to be classified in other classes should
be excluded from the Class 21 identification for this item.
043
Cocktail lounge buffets
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
043
Cocktail lounges
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Coffee pots of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Coffee service
This refers to the items used to serve coffee - the pot, cream pitchers and sug
ar bowls.
021
Coffee services of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
043
Coffee supply services for offices
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Collection and preservation of human blood
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
035
Collection, preparation, composition, storage, processing, acquisit
ion and provision of business information, data, statistics and indices
Storage is a Class 39 service and should not be included in a Class 35 identifi
cation of services.
000
Collective Service Marks [See TMEP Section 1303][classification bas
ed on the service]
The class for this entry is indicated as 000 because the classification will be
controlled by the services rendered by the collective.
000
Collective Trademarks [See TMEP Section 1303]
[classification based on the goods]
The class for this entry is indicated as 000 because the classification will be
controlled by the goods produced by the collective.
041
College counseling services, namely, assisting students who struggl
e academically due to learning disabilities in finding colleges and universitie
s and completing the application process
"and assisting in applying for scholarships and financial aid" was deleted from
the ID. These services are in Class 36 and there is an entry in the Manual for
them in that class.
044
Color analysis for cosmetic purposes
Since color analysis can be done for different purposes that would be classifie
d in Classes other than Class 44, this entry has been specified for the Class 4
4 purpose. Color analysis for other purposes has been entered in the appropriat
e classes
of the specific purposes of the entries.
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
016
Columns on the subject of {specify subject matter}
While this entry is acceptable for an identification of goods, please note that
for use based applications, the specimens and/or application must show that th
e columns are syndicated or claim 2f
029
Combination meal consisting primarily of a meat or vegetable-based
entree and a soup or salad for consumption on or off the premises
Changed from "vegetarian entrees" since that language can include pasta- or ric
e-based entrees which would be in 30.
035
Commercial administration of the licensing of {applicant may indica
te specific goods or services} of others
Either identification using "goods and services" or specifying the goods or ser
vices being licensed is acceptable.
035
Commercial information and advice for consumers [consumer advice sh
op]
Modified to add the information in brackets in the Nice Agreement
045
Compiling inventories of personal items for others for insurance or
security purposes
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
018
Composite horseshoes made of plastic [not game equipment]
This entry was transferred from Class 17 to Class 18 due to the restructuring o
f Class 18 that was implemented in the 8th edition of the Nice Agreement.
001
Compost
This is a fertilizing growth medium. Note that non-fertilizing growth media, su
ch as mulch, peat moss and top soil, are in Class 31.
001
Compost [fertilizer]
This is a fertilizing growth medium. Note that non-fertilizing growth media, su
ch as mulch, peat moss and top soil, are in Class 31.
042
Computer and computer software rental
Rental of computer game software is in 41.
042
Computer consultation in the field of computer security
This is the technical aspects of setting up computer security systems, e.g., pr
ogramming, equipment or software selection; not monitoring which is in Class 45
.
045
Computer dating services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
009
Computer hardware and software for setting up and configuring local
area networks
"Computer hardware and software for setting up and configuring" added
009
Computer hardware and software for setting up and configuring wide
area networks
"Computer hardware and software for setting up and configuring" added
009
Computer memory sticks
MEMORY STICK is a registered trademark and cannot be used as a generic term in
an identification of goods.
042
Computer services, namely, providing databases featuring general an
d local news, and information of interest to specific geographic areas
Identification too broad due to the restructuring of Class 42 in the 8th editio
n of the Nice Agreement. Subject matter must be specified and classified approp
riately.
042
Computer services, namely, providing an on-line bulletin board in
{indicate specific field}
This service was tranferred to Class 38. The transfer is supported by the 8th e
dition of the Nice Agreement. The subject matter or field should be indicated i
n general terms for purpo
ses of determining likelihood of confusion.
042
Computer services, namely, providing data bases in the field of {s
pecify field}
The service of providing a data base is classified in the class of the subject
matter, e.g., providing a database in the field of financial information would
be classified in Class 36
.
042
Computer services, namely providing on-line facilities for real- ti
me interaction with other computer users concerning topics of general interest
[chat rooms]
This service was tranferred to Class 38. The transfer is supported by the 8th e
dition of the Nice Agreement. The subject matter or field should be indicated i
n general terms for purpo
ses of determining likelihood of confusion.
042
Computer services, namely, redirecting electronic mail to changed p
ersonal electronic address
Language clarified to more accurately reflect nature of services - service rema
ined in Class 42.
035
Computer services, namely, providing consumer information in the fi
eld of animals and pets relating to pet products, pet treats and pet toys
Consumer information refers to information that would be used by consumers to m
ake purchasing decisions. It is information that furthers the business of the p
roducers of the goods or
services that are the subject of the information. As such, all consumer informa
tion is in Class 35 regardless of the subject matter of the information.
042
Computer software rental
Rental of computer game software is in 41.
009
Computer storage devices, namely, jump drives
JUMPDRIVE is a registered trademark for a computer storage device.
009
Computer storage devices, namely, thumb drives
6-19-08 - THUMB DRIVE is a registered trademark and cannot be used as a generic
term in an ID.
042
Computer virus protection services
This is programming for computers to protect them from viruses. Monitoring of a
comoputer virus protection system is in 45.
035
Computerized on-line retail store services in the field of {indicat
e field of goods}
"Store" added. Without that indication, the ID includes any service related to
retailing - from accounting to product supply to advertising.
009
Computerized video table games for gaming purposes
These are calibrated gambling machines and are, therefore, in 9, not 28.
045
Concierge services for others comprising making requested personal
arrangements and reservations and providing customer-specific information to me
et individual needs rendered together
in a {indicate environment, e.g., apartment complex, business
conference, shopping center, etc.}
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement. Also,
the language clarified t
o more accurately reflect the nature and scope of services
042
Conducting engineering surveys
This service is a physical evaluation or planning service in the nature of land
surveying. It is not a polling service or opinion survey.
042
Conducting of feasibility studies
Feasibility studies in Class 42 concern the physical feasibility of a project o
r effort. Studies concerning feasibility in intangible fields are in other clas
ses, e.g., economic or commercial feasibility in 35; financial feasibility in 3
6.
035
Conducting public opinion polls
According to the 8th edition of the Nice Agreement (2002), all opinion poll ser
vices are in Class 35 regardless of whether the poll is for business or non-bus
iness purposes.
042
Conducting public opinion poll surveys [for non-business, non-marke
ting purposes]
According to the 8th edition of the Nice Agreement (2002), all opinion poll ser
vices are in Class 35 regardless of whether the poll is for business or non-bus
iness purposes.
039
Conducting sightseeing tours for others
This service involves travel for sightseeing purposes.
011
Conduit for irrigation use
Conduits are generally in Class 6 if metal, 17 if plastic or non-metal. Conduit
s for electrical purposes are in 9.
011
Conduit for plumbing use
Conduits are generally in Class 6 if metal, 17 if plastic or non-metal. Conduit
s for electrical purposes are in 9.
028
Confetti
This entry was transferred from Class 16 to Class 28. This was done to bring US
practice into conformance with the addition of this item in Class 28 in the 8t
h edition of the Nice Agree
ment.
017
Connecting hoses for vehicle
radiators
Transferred from 7 based on Nice Agreement entries
012
Connecting rods for land vehicles other than parts of motors and en
gines
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
000
Consultation services in the field of {indicate field or subject ma
tter of consultation - this information will control the classification of the
service}
Consultation is providing information and is not done in a teaching environment
. Therefore, it is classified by subject matter and not classified in Class 41
as an education service.
045
Consulting and legal services in the field of privacy and security
laws, regulations, and requirements
Transferred from Class 42 based on the 9th edition of the Nice Agreement.
043
Consulting services in the field of hospitality
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Consulting services concerning legal matters in the medical field
Transferred from Class 42 based on the 9th edition of the Nice Agreement.
035
Consulting services, namely, providing expectant parents with consu
mer information on all types of baby products and services
Consumer information refers to information that would be used by consumers to m
ake purchasing decisions. It is information that furthers the business of the p
roducers of the goods or
services that are the subject of the information. As such, all consumer informa
tion is in Class 35 regardless of the subject matter of the information.
021
Containers for transporting milk
Entry is too broad and classification is inaccurate. Metal containers for trans
porting milk are in Class 6; non-metal containers for transporting milk are in
Class 20.
028
Containers used in playing the treasure hunt game of geocaching
The material composition of the container was deleted from the original 2/7/08
entry. Material composition is not necessary in this situation for classificati
on.
043
Contract food services
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
009
Control valves for regulating the flow of gases and liquids
Note that manually operated metal valves are in Class 6; valves being machine p
arts and engine valves for vehicles and machinery are in Class 7; valves for pl
umbing and heating and cooling installations are in Class 11; rubber, manually
operated
valves are in Class 17 and plastic, manually operated valves are in Class 20.
044
Convalescent homes
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Cookie cutters
This are not cutters in the sense of knives - they are more analogous to molds
that make cookies in certain shapes
021
Cooking utensils, namely, grills
This is a grill grid or pan - it is not barbecue equipment.
021
Cooking utensils, namely, grill covers
This is a grill grid or pan - it is not barbecue equipment.
021
Cookware [not toys]
Entry too broad. This entry would include electric cookware, such as electric s
killets or electric grills that should be classified in Class 11.
045
Copyright management consultation
Transferred from Class 42 to Class 45 pursuant to 9th edition of the Nice Agree
ment.
045
Copyright management
Transferred from Class 42 to Class 45 pursuant to 9th edition of the Nice Agree
ment.
029
Corn dogs
This item accepted in Class 29 in the 8th edition of the Nice Agreement. Theref
ore, the entry was transferred from Class 30 to Class 29 in the US ID Manual.
042
Correspondence exchange services
Old ID - no longer clear what service this encompases. Due to advances in commu
nication, this service is now ambiguous and confusing.
044
Cosmetic analysis
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement. It en
compasses the analysis of a person's face and skin in order to determine the mo
st
appropriate cosmetics to use. Technical analysis of cosmetics for scientific or
research purposes would be classified in Class 42 with other technical analysi
s services.
044
Cosmetic and plastic surgery
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
018
Cosmetic bags sold empty
If sold complete with cosmetics or toiletries, these goods would be in Class 3.
018
Cosmetic cases sold empty
If sold complete with cosmetics or toiletries, these goods would be in Class 3.
044
Cosmetic dentistry
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Cosmetic electrolysis
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
003
Cosmetic preparations and products for dry skin during pregnancy
Item deleted because "products" can include cosmetic-related goods that are not
in Class 3, such as cosmetic brushes in Class 21.
003
Cosmetic preparations and products for enhancing the breasts
Item deleted because "products" can include cosmetic-related goods that are not
in Class 3, such as cosmetic brushes in Class 21.
003
Cosmetic preparations and products for skin care
Item deleted because "products" can include cosmetic-related goods that are not
in Class 3, such as cosmetic brushes in Class 21.
003
Cosmetic products for the face and body
Item deleted because "products" can include cosmetic-related goods that are not
in Class 3, such as cosmetic brushes in Class 21 and nail files in Class 8.
016
Cosmetic removing paper
Goods transferred to 16 based on entry in Nice Alphabetical List "napkins of pa
per for removing make-up"
003
Cosmetic suntan lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
044
Cosmetician services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
042
Cosmetics (Door to door selling in the field of)
Selling and sales are not service under the US Trademark Act or the Nice Agreem
ent since the primary beneficiary of selling or sales is the seller. Language d
escribing services acceptable in the retail chain (e.g., retail stores, distrib
utorships,
on-line retailing) should be used instead of selling or sales.
035
Cost price analysis
No longer a trilateral entry as of 6/28/07 but still accepted in the USPTO
000
Counseling in the field of {indicate specific field, e.g. health,
drug rehabilitation, religion}[classification depends on subject matter]
Counseling is providing information and is not done in a teaching environment.
Therefore, it is classified by subject matter and not classified in Class 41 as
an education service.
Identification too broad under 8th edition of the Nice Agreement to be classifi
ed in a single class. Subject matter of counseling controls classification.
045
Court reporting
Transferred from Class 42 pursuant to 9th edition of the Nice Agreement
020
Coverings for massage tables [not including heating pads]
Massage tables were transferred from Class 10 by analogy with hospital beds. Ma
ssage tables, in themselves, do not provide therapy or treatment. Since the tab
les were transferred, the
coverings for the tables must be transferred as well.
016
Craft kits (Art and)
This entry was deleted because it was too broad. Only arts and crafts paint kit
s are in Class 16. Most other hobby kits are classified in Class 28.
029
Cranberry sauce
This is in Class 29 because it is a fruit-based side dish and not a true sauce.
Fruit sauces other than applesauce and cranberry sauce are in Class 30.
012
Crankcases for components for motor cars (other than for engines)
Note that parts of all motors and engines such as camshafts, cylinders, cylinde
r pistons and other parts essential to the working of motors and engines such a
s alternators, belts and carburetors are in Class 7.
003
Creams for cellulite reduction
These refer to non-medicated creams. Medicated creams are in Class 5.
045
Cremation [funerary services]
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Cruet stands for oil or vinegar of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Cruet stands made of precious metals
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Cruet stands of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
021
Cruets of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
040
Cryogenic preservation
These services were transferred to Class 40 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. It is consider
ed a treatment of material service.
021
Cup holders for vehicles
Goods are in 12 since they are specially adapted for use only in vehicles.
021
Cups
Paper and plastic cups are also included in this class. They are not classified
by material composition.
026
Curl papers
In Class 3 prior to implementation of 8th edition of the Nice Agreement on 1/1/
02.
041
Current events news analysis and features distribution
These services were transferred to Class 41 due to the restructuring of Class
42 that was implemented in the 8th edition of the Nice Agreement. This entry a
nd other news-related services were transferred to Class 41 as a result of the
restructuring.
11-22-07 - this entry has been found to be vague and confusing as to what these
services are so it has been deleted.
030
Curry [spice mixture only]
Finished curry dishes that contain meats and/or vegetables are in Class 29.
020
Curtain rings
All curtain rings are in Class 20 regardless of material composition.
040
Custom cake decorating services
These services were transferred to Class 40 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other customized production services were transferred to Class 40 as a result
of the
restructuring.
040
Custom imprinting of {indicate specific items, e.g clothing} with d
ecorative designs
These services were transferred to Class 40 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other printing services
were transferred to Class 40 as a result of the restructuring.
9/13/07 - This language covers the SERVICE of imprinting designs on the goods o
f others; it does not cover the goods themselves with the imprinting on them.
040
Custom manufacturing of prosthetics
6-12-08 - "and fitting" was deleted from the ID. Fitting of prostheses is in 44
.
037
Custom shipbuilding
This service is in Class 37 because it is similar to building construction. Con
struction of smaller vessels such as boats or yachts are considered custom manu
facturing services in Class 40 and should be worded as such.
041
Custom writing services
These services were transferred to Class 41 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other intellectually creative services were transferred to Class 41 as a resul
t of the
restructuring.
035
Customer service in the field of {indicate field}
Customer service means providing assistance to customers when they have a busin
ess problem or concern. It does not mean providing services to customers that s
hould be classified in other classes, e.g., hosting a website is in Class 42; i
t is not
customer service because the hosting service is provided to customers of the ap
plicant
040
Customized printing of company names and logos for promotional and
advertising purposes on the goods of others
These services were transferred to Class 40 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other printing services were transferred to Class 40 as a result of the restru
cturing.
003
Cuticle cream
These refer to non-medicated creams. Medicated creams are in Class 5.
038
Data and voice telecommunications
The language of this entry is too broad; it encompasses all telecommunication a
ctivities.
042
Data mining
This is a search and analysis service. It involves looking for data on user def
ined topics and analyzing that data as requested by the user.
042
Data warehousing
Data warehousing is not a storage service. It is used to refer to the programmi
ng for a large database that is designed for the fast processing of the data in
it. As such, it is a programming service in 42.
045
Dating services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
043
Day care centers
This service encompasses only temporary care of an individual at a location oth
er than the home. If education or entertainment is also offered, it should be i
dentified appropriately a
nd classified in Class 41.
006
Decorative boxes made of precious metal
This entry was transferred due to the restructuring that was implemented in the
9th edition of the Nice Agreement.
001
Defoliants
These goods were transferred from Class 5 because they are in the Nice Agreemen
t in Class 1
003
Degreaser [or degreasing preparations] for use on [indicate specif
ic type of surface or field of use, e.g., floors, automotive engines, industria
l machines]
This entry was deleted because the Nice Agreement classifies degreasers for use
in manufacturing processes in Class 1 and degreasers not used in manufacturing
processes in Class 3. Both items were encompassed in this Class 3 entry so it
was
deleted. The entries Degreasing preparations [used in manufacturing processes]
for use on [indicate specific type of surface or field of use] in Class 1 and D
egreasing preparations [not used in manufacturing processes] for use on [indica
te specific
type
of surface or field of use] in Class 3 were added in its place.
043
Delicatessens [restaurants]
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
040
Demolition services [not buildings]
Destruction of objects is a material alteration of that object, therefore, it i
s appropriately classified in Class 40. Demolition of buildings is in Class 37.
044
Dental hygienist services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
040
Dental laboratories
This service was transferred from Class 42 to Class 40 because a dental laborat
ory is an enterprise that makes false teeth. Therefore, it is appropriately cla
ssified in Class 40 with other fabrication services. It is not a laboratory in
the
scientific sense so Class 42 is not the proper class for this activity.
044
Dentist services
This covers the services provided by a dentist. Note that other dental-services
, such as dental laboratory services, may be in classes other than Class 44.
003
Deodorant for personal use
Note that household, room and other deodorants not used on the body are in Clas
s 5.
003
Deodorants and antiperspirants
This refers to the combined item - not two separate items. The term "deodorant"
cannot be used by itself since it includes goods in Class 5 if not for persona
l use or combined with an
antipersperant.
003
Deodorants and antiperspirants for personal use
Note that household, room and other deodorants not used on the body are in Clas
s 5.
003
Deodorants for animals
Note that household, room and other deodorants not used on the body (human or a
nimal) are in Class 5.
003
Deodorants for body care
Note that household, room and other deodorants not used on the body are in Clas
s 5.
005
Deodorants for clothing or textiles
Transferred from Class 3 in accordance with 9th edition of Nice Agreement.
Note that deodorants for personal use (use on the body of human or animal) are
in Class 3
003
Deodorants for personal use [perfumery]
Note that household, room and other deodorants not used on the body are in Clas
s 5.
003
Depilatory creams
These refer to non-medicated creams. Medicated creams are in Class 5.
042
Design and development of information and data bases
This language has proved too broad for continued acceptance in the USPTO.
042
Design for others in the field of {indicate specific field, e.g. co
mputers, engineering, clothing}
This does not include design of advertising or marketing materials which are in
Class 35
040
Design printing for others
These services were transferred to Class 40 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement. This entry and
other printing services
were transferred to Class 40 as a result of the restructuring.
041
Desktop publishing for others
This service was erroneously classified in Class 40 until the current effective
date. These services were transferred to Class 41 due to the restructuring of
Class 42 that was impleme
nted in the 8th edition of the Nice Agreement.
021
Desktop statuary made of {indicate china, crystal, earthenware, gla
ss, porcelain}
Terra cotta has been deleted from the list of materials - it is a form of clay
and goods made of this substance are in 19.
045
Detective agencies
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Detective investigations
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
The investigations in this class are investigations being done for the safety o
f persons or entities. Hence, a pre-employment background investigation is in
class 45 because such investigations are done to ensure the safety of current e
mployees and the
business of the employer. Similarly, investigations of insurance claims are in
class 45 because they are done to ensure that the claimant is not committing a
fraud on the insurance company.
Investigations that are NOT in this class are those that have a different purpo
se than ensuring safety i.e. a business investigation, looking at the processes
of business (class 35) or a financial investigation that determines the finan
cial soundness
of a company (class 36), or a scientific investigation (class 42).
001
Diagnostic preparations for clinical or medical laboratory use
Transferred from Class 5 - original entry was from 1991 when this item was in C
lass 5 in the Nice Alphabetical List.
001
Diagnostic reagents for clinical or medical laboratory use
Transferred from Class 5 since these are specifically NOT for medical use.
001
Diagnostic reagents for in vitro use in biochemistry, clinical chem
istry and microbiology
Transferred from Class 5 since these are specifically NOT for medical use.
020
Diaper changing mats
Transferred from Class 24 following discussion at Nice Agreement meeting.
007
Diesel engines for {indicate specific vehicle} [other than land veh
icles]
Engines for land vehicles are in Class 12.
012
Diesel engines for land vehicles
Complete motors and engines for land vehicles are in Class 12, however, parts o
f all motors and engines such as camshafts, cylinders, cylinder, pistons and ot
her parts essential to their working such as alternators, belts and carburetors
are in
Class 7.
044
Dietitian service
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
041
Digital imaging services
This was transferred from Class 40. It is a photography service and photography
is in Class 41.
041
Digital video, audio, and multimedia publishing services
This service is different from providing the publication itself. This service e
ncompasses the presentation of the works online, not providing the work itself.
036
Discount securities brokerage services
Inserted "securities" before "brokerage" to make the nature of the brokerage se
rvice clear.
044
Dispensing of pharmaceuticals
This is the providing of medication in a medical care environment, for example,
in a hospital or clinic.
021
Disposable gloves for home use
These gloves are for protection of skin and nails from harshness of cleaning pr
oducts, etc. They are not gloves that protect from serious injury as the protec
tive gloves for industrial use in Class 9 do.
021
Disposable serving spoons
The word "serving" was added to "disposable spoons." Regular tableware spoons t
hat are used to eat with are in Class 8 with all other knives, forks and spoons
of that type.
003
Disposable wipes impregnated with chemicals or compounds for {indi
cate either personal hygiene or household use}
These are pre-moistened with a cleaning agent. Disposable wipes that are just m
oistened with water or some other inert substance are in Class 16.
003
Disposable wipes impregnated with cleansing compounds for use on {i
ndicate items}
These are pre-moistened with a cleaning agent. Disposable wipes that are just m
oistened with water or some other inert substance are in Class 16.
016
Disposable wipes not impregnated with chemicals or compounds
These are not pre-moistened with a cleaning agent - just moistened with water o
r some other inert substance. Disposable wipes impregnated with a cleaning agen
t are in Class 3.
001
Distilled water
This is not drinking water - distilled drinking water is in 32.
041
Distribution of motion picture films
This service involves the activity of distributing a film to movie theatres and
television stations for display to the public with the film itself
being returned to the producer of the entertainment product after
such display. This is not the case when distribution relates to videotapes, aud
io tapes or other hard goods that result from the production of visual or audio
entertainment. When these goods are distributed, it is the same as the distrib
ution of any
other kind of hard goods by any other manufacturer. For this reason, distributi
on of videotapes, audio tapes, video disks, etc. should not be accepted as a se
rvice even when the distribution is linked to the production of these goods. Th
e production
of
the entertainment product is perfectly acceptable in Class 41; however, the dis
tribution of the hard goods that result from that production is not a service i
n Class 41.
035
Distributorships in the field of {indicate field, e.g. clothing, a
utomotive parts, cosmetics}
Do not substitute "distribution" for "distributorship." Distribution is the act
ivity of moving goods from one place to another. That is a service in Class 39,
it is not in Class 35 wi
th other services in the retail chain.
016
Document holders
1. This entry refers to stationery folder-type goods into which document can be
placed. It is not for carrying or transporting documents. Document cases and c
arrying cases for documents
are in Class 18.
2. No longer a trilateral entry as of 6/28/07 but still accepted in the USPTO
044
Dog walking services
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
042
Door to door selling in the field of {indicate specific fields, e.
g. cosmetics, brushes}
Selling and sales are not service under the US Trademark Act or the Nice Agreem
ent since the primary beneficiary of selling or sales is the seller. Language d
escribing services accep
table in the retail chain (e.g., retail stores, distributorships,
on-line retailing) should be used instead of selling or sales.
001
Dough conditioners
The specification of "commercial" use was deleted from this entry. All dough co
nditioners are in Class 1 because they are a chemical agent, regardless of whet
her they are for commercial or domestic use.
030
Dough conditioners
8th edition of Nice Agreement clarified classification of all cooking chemicals
in Class 1 whether for domestic or non-domestic use.
001
Dough stabilizers
The specification of "commercial" use was deleted from this entry. All dough st
abilizers are in Class 1 because they are a chemical agent, regardless of wheth
er they are for commercial or domestic use.
030
Dough stabilizers
8th edition of Nice Agreement clarified classification of all cooking chemicals
in Class 1 whether for domestic or non-domestic use.
009
Downloadable computer programs featuring positionable game piece fi
gures for use in the field of computer games
Providing temporary use of on-line non-downloadable software is considered a se
rvice in Class 42.
009
Downloadable computer software for {specify the function of the sof
tware, e.g., use as a spreadsheet, word processing, etc. and, if software is co
ntent- or field-specific, the content
or field of use}
Providing temporary use of on-line non-downloadable software is considered a se
rvice in Class 42.
009
Downloadable computer software in the field of memory training acti
vities sold as a unit with positionable figures
Providing temporary use of on-line non-downloadable software is considered a se
rvice in Class 42.
009
Downloadable electronic newsletters in the field of {indicate field
or subject matter}
To avoid confusion, the first word "providing" was deleted. Providing usually i
ndicates a service and downloadable publications are considered goods in Class
9.
009
Downloadable films and television programs featuring{indicate subje
ct matter} provided via a video-on-demand service
Subject matter requirement added as with other Class 9 IDs.
009
Downloadable MP3 files, MP3 recordings, on-line discussion boards,
webcasts and podcasts featuring music, audio books and news broadcasts
WEBINARS deleted from ID - it is a registered mark and cannot be used as a gene
ric term.
009
Downloadable software for {specify the function of the programs, e.
g., for use in database management, for use as a spreadsheet, for word proces
sing, etc. and, if software is conte
nt- or field-specific, the content or field of use}
Providing temporary use of on-line non-downloadable software is considered a se
rvice in Class 42.
006
Drain pipes made of metal
While most metal pipes and their metal parts are in Class 6, those that are par
ts of sanitary installations are in Class 11.
021
Drawer pulls of glass, porcelain or earthenware
Additional Class 21 compositions added to ID
029
Dried lentils
"Dried" added to original ID of "lentils." Fresh lentils are in Class 31 so thi
s entry needed the indication that the lentils were processed to justify Class
29.
008
Drill bits for hand drills
Bits for power drills are in Class 7
010
Drug delivery systems
This is basically an intravenous set up - does not include the preparations int
roduced by means of the delivery system
044
Drug testing for substance abuse
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
018
Duffel bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
018
Duffel bags for travel
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
018
Duffle bags
Note that bags that are fitted to carry a particular item are classified with t
he product that they are designed to carry, e.g., ammunition bags in Class 13;
ski boot bags in Class 25; and bowling ball bags in Class 28.
042
Duplicating computer programs
Moved from Class 40 based on 8th edition of the Nice Agreement
042
Duplication of computer programs
Per 8th edition of the Nice Agreement
042
DVD authoring services [programming]
Previous classification in 41 was in error - this is a DVD programming activity
and is purely technical so it should be in 42.
009
Ear plugs for swimming purposes
Based on a clarification in the 8th edition of the Nice Agreement, ear plugs fo
r diving and swimming are classified in Class 9. Therefore, this entry was tran
sferred from Class 28 to Class 9.
041
Education information
This is information ABOUT education - pedagogy, class schedules, etc. Education
al information is not acceptable - all information educates but information wit
h a subject matter in a class other than 41 is in the class of the subject matt
er, even if
the information is characterized as "educational."
016
Educational publications, namely, educational learning cards, flash
cards, activity cards, workbooks, textbooks, activity books, story books, puzz
le books, printed puzzles, teacher guides, manuals, posters and educational
booklets in the field of {indicate subject matter}
Added "printed" to "puzzles" to avoid confusion with puzzles that are in 28.
4/10/08 - "educational card games" have been deleted. Card games are in 28 whet
her educational in nature or not.
041
Educational services, namely, providing incentives to {indicate sp
ecific group, e.g. people, organizations, etc.} to demonstrate excellence in
the field of {indicate specific non-b
usiness related field}
This is similar to awards programs but the incentive to perform may not be as t
angible as an actual award.
021
Egg cups of precious metal
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
006
Elbows of metal for pipes
While most metal pipes and their metal parts are in Class 6, those that are par
ts of sanitary installations are in Class 11.
009
Electric blow torches, namely welding torches
Item deleted because blow torches are always gas-powered and are, therefore, in
Class 7. Welding torches are in 9 when they are electrically powered.
011
Electric dispenser for air freshener
Goods mistakenly entered in the Manual in Class 10 on 7-27-06. Corrected to Cla
ss 11 on 8-10-06.
021
Electric hair combs
There is no heat aspect to these goods.
011
Electric luminaries
Class changed from 9 to 11 since these items serve to illuminate.
009
Electronic and electro-mechanical gaming tables with video output
These are calibrated gambling machines and are, therefore, in 9, not 28.
009
Electronic database in the field of {indicate subject matter or fie
ld} recorded on computer media
"Recorded on computer media" refers to recordation of the database on a physica
l computer medium such as a CD, DVD or tape. It does not refer to the database
being made available online as a service.
009
Electronic downloadable publications {indicate specific nature of
publication}for use by medical professionals in the field of science and medici
ne
Requirement of indicating the nature of the publication added to be consistent
with other publication identifications
015
Electronic effects pedals for use with musical instruments
Goods transferred from Class 9 to be consistent with other entries for similar
goods in Class 15.
045
Electronic monitoring services for security purposes in the field o
f {indicate what is being monitored}
This service involves monitoring for security purposes. Other monitoring servic
es in areas such as usage, technical problems, etc. are in 42.
009
Electronic publications, namely, {indicate specific type of publica
tion, e.g., book, magazine, manual} featuring {indicate subject matter} recorde
d on computer media
"Recorded on computer media" refers to recordation of the publications on a phy
sical computer medium such as a CD, DVD or tape. It does not refer to the publi
cation being made available online as a service.
041
Electronic publishing services, namely, publication of text and gr
aphic works of others on {indicate format,e.g., CD, DVD, on-line} featuring {in
dicate specific subject matter}
3/2/02 modification added flexibility in designating format or media - formerly
only publishing on CD had been indicated.
Also, publishing of material for on-line display only is also in Class 41 but d
oes not result in a user receiving a downloadable publication or hard goods.
5/8/08 - This service is different from providing the publication itself. This
service encompasses the presentation of the works online, not providing the wor
k itself.
035
Electronic retailing services via computer featuring {INDICATE fiel
d or type of goods}
Deleted because the term "retailing" refers to "selling" which is not a service
under the TM Act or the Nice Agreement. As with other retail services, the nat
ure of the activity, e.g., stores, distributorships, outlets, etc. must be indi
cated.
009
Electronic timers
No longer a trilateral entry as of 6-28-07 but still acceptable in the USPTO.
009
Electronic valves for controlling gas or fluids
Note that manually operated metal valves are in Class 6; valves being machine p
arts and engine valves for vehicles and machinery are in Class 7; valves for pl
umbing and heating and cooling installations are in Class 11; rubber, manually
operated
valves are in Class 17 and plastic, manually operated valves are in Class 20.
038
Electronic voice messaging, namely, the recording and subsequent t
ransmission of voice messages by telephone
"Storage" was deleted from this recitation. Due to advances in technology, stor
age of electronic data is a separate service in Class 39. The main service here
is the recording and transmission of the data. Storage in this context is usua
lly very
brief and ancillary to the primary service rendered.
009
Electrostatic coating machines
Analogous to electroplating machines that are also in Class 9.
042
Eleemosynary services in the area of donations of food, clothing,
and/or medicine [NOTE: does not include donations of funds]
Identification too broad under 8th edition of the Nice Agreement. Nature of goo
ds or services provided controls classification.
044
Emergency medical assistance
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
043
Emergency shelter services, namely, providing temporary housing
This entry was transferred from Class 42 to Class 43 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
007
Emission reduction units for motors and engines, namely, EGR valve
s
Note that manually operated metal valves are in Class 6; automatic control valv
es are in Class 9; valves for plumbing and heating and cooling installations ar
e in Class 11; rubber, manually operated valves are in Class 17 and plastic, ma
nually
operated valves are in Class 20.
007
Emission reduction units for motors and engines, namely, PCV valves
Note that manually operated metal valves are in Class 6; automatic control valv
es are in Class 9; valves for plumbing and heating and cooling installations ar
e in Class 11; rubber, manually operated valves are in Class 17 and plastic, ma
nually
operated valves are in Class 20.
042
Encoding of magnetic cards
This is now a programming service. At the time the ID was first introduced into
the Manual in Class 40 (pre-1991) it was considered more of a physical process
.
041
Encouraging amateur sports and physical education by organizing, sa
nctioning, conducting, regulating and governing amateur athletic programs and
activities
7/17/08 - The words "promoting, sponsoring and administering" have been deleted
from the ID because these terms refer to services in Class 35 since they relat
e to the business aspects of presenting an athletic program or activity.
035
Energy auditing
This activity provides information that effects the functioning of a business,
therefore it was transferred from Class 42 to Class 35 upon the implementation
of the 8th edition of the Nice Agreement that restructured Class 42.
035
Energy usage management
This activity provides information that effects the functioning of a business,
therefore it was transferred from Class 42 to Class 35 upon the implementation
of the 8th edition of the Nice Agreement that restructured Class 42.
007
Engine cylinders for land vehicles
Class changed from 12 to 7 - incorrect in first entry.
012
Engines for land vehicles
Complete motors and engines for land vehicles are in Class 12, however, parts o
f all motors and engines such as camshafts, cylinders, cylinder, pistons and ot
her parts essential to their working such as alternators, belts and carburetors
are in
Class 7.
019
Engraved and cut stone plaques
This entry was transferred from Class 20 to Class 19 pursuant to the 9th editio
n of Nice Agreement. Plaques were deleted from Class 20 and are now classified
according to their material composition.
041
Entertainment in the nature of roller skating competitions
ROLLER DERBY changed to "roller skating competitions" - ROLLER DERBY is a regis
tered trademark
041
Entertainment services, namely, production and distribution of a ga
me show
This service involves the actual creation of the game show and the accompanying
activity of distributing it to television stations for display to the public.
This is not the case when distribution relates to videotapes, audio tapes or ot
her hard
goods that result from the production of visual or audio entertainment. When th
ese goods are distributed, it is the same as the distribution of any other kind
of hard goods by any other manufacturer. For this reason, distribution of vide
otapes, audio
tapes, video disks, etc. should not be accepted as a service even when the dist
ribution is linked to the production of these goods. The production of the ente
rtainment product is perfectly acceptable in Class 41; however, the distributio
n of the hard
goods that result from that production is not a service in Class 41.
041
Entertainment services, namely, providing on-line reviews of {indic
ate entertainment subject matter of reviews, e.g., movies, books, music, comput
er games}
Only reviews of entertainment-related activities are encompassed by this langua
ge and classified in Class 41.
021
Epergnes of precious metals
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
016
Erasers (Electric)
All erasers are classified in Class 16; there is no need for the identification
of goods to indicate whether they are electric or not.
045
Escort services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Evangelistic and ministerial services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Evangelistic ministerial services
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Examination of fingerprints and handwriting for the purpose of fore
nsic scientific intelligence
Transferred from Class 42 to be consistent with the other forensic science serv
ices in the Manual.
003
Exfoliant creams
These refer to non-medicated creams. Medicated creams are in Class 5.
045
Expert witness services in legal matters in the field of {indicate
specific field of expertise}
Transferred from Class 42 pursuant to 9th edition of the Nice Agreement
037
Exterminating
This entry was too broad. Exterminating services for agricultural purposes is i
n Class 42; exterminating services other than for agricultural purposes is in 3
7.
003
Eye cream
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Eye lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
021
Eyeglass cleaning cloths
Class changed from 9 because there are no special properties that put this in 9
; cleaning cloths are generally in 21.
044
Eyeglass fitting
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
005
Eyepatches for medical use
This entry was transferred from Class 10 to Class 5. This was done to bring US
practice into conformance with the addition of this item in Class 5 in the 8th
edition of the Nice Agree
ment.
027
Fabric bath mats
This entry was transferred from Class 24 to Class 27 in order to bring the item
into conformity with the classification set forth in the Nice Agreement.
003
Face and body beauty creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Face and body creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Face and body lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Face creams
These refer to non-medicated creams. Medicated creams are in Class 5.
028
Face masks for {indicate specific sport}
These are not sports goggles which are in 9. They are masks such as catcher's m
asks or goalie's masks.
003
Face milk and lotions
These refer to non-medicated lotions. Medicated lotions are in Class 5.
003
Face painting kits
Transferred from Class 16 - face paint is a physical embellishment like make-up
. It is not paint as would be found in a paint set for artistic purposes.
009
Face shields
Entry deleted because face shields are in more than one class and specifity of
the item is needed to determine which class is appropriate for the specific typ
e of face shield.
003
Facial cream
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Facial creams
These refer to non-medicated creams. Medicated creams are in Class 5.
003
Facial lotion
These refer to non-medicated lotions. Medicated lotions are in Class 5.
041
Facilities for {indicate specific event, e.g., tournaments, exhibi
tions, conferences (Providing}
This entry services that are in other classes, e.g., providing facilities for t
rade exhibitions would be in Class 35.
003
Fair complexion cream
These refer to non-medicated creams. Medicated creams are in Class 5.
012
Fan belts (Land vehicle parts, namely)
This entry was deleted from Class 12 and introduced in Class 7 with appropriate
specification due to a major reorganization of the classification of motors an
d engines and their parts in the 6th edition of the Nice Agreement in 1992.
044
Farm seeding by air
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Farm surveying and consultation
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Farrier services, namely, shoeing horses and maintaining horses' ho
oves
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
024
Feather beds
Feather beds are similar to duvets but they are used on a bed between the mattr
ess and sheet.
003
Feminine deodorant sprays
Note that household, room and other deodorants not used on the body are in Clas
s 5.
003
Feminine hygiene cleansing towelettes
This was transferred from Class 5 because it provides a cleansing action which
is in Class 3 and not a disinfecting or sterilizing action which would be in Cl
ass 5.
016
Fiction books (Series of non-)
Non-fiction books must indicate the subject matter or, if the mark is that of a
publishing house, the identification of goods should indicate that the mark is
used on a wide variety of topics.
021
Figures of {indicate china, crystal, earthenware, terra cotta, glas
s, porcelain}
Terra cotta was deleted from the list of materials but has been reinserted beca
use it is a Class 21 figure composition in the Nice Agreement.
019
Figurines of {indicate stone, concrete, or marble}
Terra cotta deleted from list of compositions - terra cotta figurines are in Cl
ass 21 per Nice Agreement.
021
Figurines of {indicate china, crystal, earthenware, glass, porcelai
n, terra cotta}
Terra cotta included as a composition in 21
008
Files [hand-operated]
These tools are powered by hand, not by an electricity or other non-manual powe
r source.
041
Film distribution
This service involves the activity of distributing a film to movie theatres and
television stations for display to the public with the film itself being retur
ned to the producer of the entertainment product after such display. This is no
t the case
when distribution relates to videotapes, audio tapes or other hard goods that r
esult from the production of visual or audio entertainment. When these goods ar
e distributed, it is the same as the distribution of any other kind of hard goo
ds by any other
manufacturer. For this reason, distribution of videotapes, audio tapes, video d
isks, etc. should not be accepted as a service even when the distribution is li
nked to the production of these goods. The production of the entertainment prod
uct is perfectly
acceptable in Class 41; however, the distribution of the hard goods that result
from that production is not a service in Class 41.
041
Film editing
These services were transferred to Class 41 due to the restructuring of Class 4
2 that was implemented in the 8th edition of the Nice Agreement.
036
Financial risk management consultation
Clarified to add "financial" to this ID in Class 36. Business risk management c
onsultation is in 35.
045
Fingerprinting and fingerprint registration of children
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
025
Finished textile linings for garments
The term "finished" was added to this ID and it was transferred from 24 to 25.
It was confusing in 24 since it wasn't clear whether the linings were finished
and in Class 25 or textile for the manufacture of the linings in Class 24.
045
Fire fighting
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
045
Fire prevention consultation
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
011
Fire screens [domestic]
Fire screens were moved from Class 11 to Class 20. This change was a result of
an amendment to the Nice Agreement.
013
Firearm sights
These sights are non-telescopic. Telescopic firearm sights are in Class 9.
019
Fired refractory materials, not of metal
This entry was modified as a result of changes that were implemented in the 9th
edition of the Nice Agreement.
008
Fireplace bellows
This item was added to the 8th edition of the Nice Agreement in Class 8. Theref
ore, the entry was transferred from Class 20 to Class 8 in the US ID Manual.
024
Fitted futon covers not of paper
Transferred from Class 20 based on explanation by the Japanese Patent Office -
these are more like sheets and blankets than furniture covers.
021
Fitted picnic baskets
Item is sold already fitted with Class 21 items such as plates and cups.
024
Fitted toilet lid covers [made of fabric or fabric substitutes]
This is not a structural lid for the toilet. It is a cover that is stretched ov
er the top of the toilet and is made of fabric or a fabric substitute.
021
Fitted vanity cases
Entry amended to make "fitted" part of the required language of the ID instead
of in square brackets. A fitted vanity case is sold filled with primarily Class
21 items such as combs, brushes, make-up applicators. Vanity cases sold empty
are in
Class 18.
044
Fitting of contact lenses
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
044
Fitting of optical lenses
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
011
Flares
These flares are for illumination purposes rather than emergency or safety purp
oses such as highway flares.
022
Flexible and portable plastic bag for carrying gasoline or other li
quid petroleum fuels
Analogous with other plastic containers in Class 20.
2-21-08 - moved to Class 22. Bags are not analogous with other containers in 20
because bags are not Clas 22 items. Bags of this type are in 22.
017
Flexible compressed air pipe fittings, not of metal
The word "flexible" was added to the text - only flexible pipes are in Class 17
under the Nice Agreement.
017
Flexible plastic pipes for conveying natural gas
The word "flexible" was added to the text - only flexible pipes are in Class 17
under the Nice Agreement.
017
Flexible plastic pipes for plumbing purposes
The word "flexible" was added to the text - only flexible pipes are in Class 17
under the Nice Agreement.
017
Flexible plumbing pipes of plastic
The word "flexible" was added to the text - only flexible pipes are in Class 17
under the Nice Agreement.
019
Floor panels not of metal
Specification added that floor panels in Class 19 must be made of nonmetal mate
rial. Metal floor panels are in Class 6.
030
Flour-based gnocchi
Gnocchi can be made primarily from flour or primarily from potatoes - the prima
ry ingredient will effect the classification and should be reflected in the ID.
044
Flower arranging
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
021
Flower bowls of precious metal
This entry was transferred from Class 14 to Class 21 pursuant to the 9th editio
n of the Nice Agreement.
021
Flower vases and bowls of precious metal
This entry was transferred from Class 14 to Class 21 pursuant to the 9th editio
n of the Nice Agreement.
011
Flushometer valves
Class 11 includes valves for plumbing and heating and cooling installations reg
ardless of material composition. If not for these purposes, note that manually
operated metal valves are in Class 6; valves being machine parts and engine val
ves for
vehicles and machinery are in Class 7; automatic control valves are in Class 9;
rubber, manually operated valves are in Class 17 and plastic, manually operate
d valves are in Class 20.
021
Foam applicator sticks for applying cosmetics, administering pharma
ceuticals and cleaning machinery or computer hardware
The language cosmetic applicators would not be acceptable in Class 21 because c
ertain cosmetic applicators such as cotton balls for cosmetic purposes are in C
lass 3.
017
Foam supports for floral arrangements
This item accepted in Class 17 in the 8th edition of the Nice Agreement. Theref
ore, the entry was transferred from Class 20 to Class 17 in the US ID Manual.
030
Food additives for non-nutritional purposes for use as a flavoring
Deleted use as "ingredient or filler." Those uses are indefinite for classifica
tion determination.
030
Food leavening agents
This entry was transferred from Class 1 to Class 30 since yeast, a food leaveni
ng agent, is classified in Class 30. Also, the specification of "commercial" us
e was deleted form the entry.
044
Food nutrition consultation
This entry was transferred from Class 42 to Class 44 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
043
Food preparation services
This service encompasses the preparation of food for immediate consumption by t
he end user. Food processing or preparation, that is, the manufacture of food t
o be further processed or
resold before it reaches the final consumer is in Class 40.
037
Food sanitation consultation
Due to the restructuring of Class 42 in the 8th edition of the Nice Agreement,
consultation services are in principle classified in the same classes as the se
rvices that correspond to
the subject matter of the consultation.
003
Foot deodorant spray
Note that household, room and other deodorants not used on the body are in Clas
s 5.
045
Forecasting services in the nature of fortune telling
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
012
Fork lift trucks
These goods are in Class 12 because their primary purpose is transportation.
003
Foundation [not acceptable alone, but acceptable in a list of cosm
etics]
Foundation and foundations is now accepted alone in Class 3 - this entry is inc
onsistent with the others.
035
Franchise services, namely, offering business management assistance
in the establishment and operation of {indicate specific type of establishment
being operated}
"Technical assistance" deleted from entry since this could include assistance i
n information technology or other fields that would not be included in Class 35
assistance.
045
Fraud detection services in the field of credit cards for on-line p
urchasing
This entry was transferred from Class 42 to Class 45 due to the restructuring o
f Class 42 that was implemented in the 8th edition of the Nice Agreement.
006
Freestanding metal tool racks
Most storage racks are in Class 20 regardless of material composition.
039
Freight and transport brokerage
This refers to transport brokerage and not a traditional brokerage service that
would be in Class 36 in which the broker stands in the place of the buyer or s
eller.
039
Freight brokerage
This refers to transport brokerage and not a traditional brokerage service that
would be in Class 36 in which the broker stands in the place of the b