Section 30 of the Trademark Act, 15 U.S.C. §1112, provides authority for establishing a classification system. That section states, in part, as follows:

The Director may establish a classification of goods and services, for convenience of Patent and Trademark Office administration, but not to limit or extend the applicant’s or registrant’s rights.

1401.02 International Trademark Classification Adopted

As of September 1, 1973, the international classification of goods and services is the primary classification used by the United States, and it applies to all applications filed on or after September 1, 1973, and their resulting registrations, for all statutory purposes. See 37 C.F.R. §2.85. Unless otherwise indicated, references in this manual to class refer to the international class.

Prior to September 1, 1973, the United States used its own classification of goods and services, which is different from the international classification. The prior United States classification continues to govern for all statutory purposes for trademark applications filed on or before August 31, 1973, and all registrations issued on the basis of an application filed on or before August 31, 1973.

If a registration issued under the United States classification system, the registrant may voluntarily amend to reclassify under the international classification system, if registrant pays the $100.00 filing fee required by 37 C.F.R. §2.6 for Section 7 amendments. See TMEP §1609.04.

Classification schedules are set forth in Part 6 of the Trademark Rules of Practice. The international classification schedule for goods and services is found in 37 C.F.R. §6.1, and the prior United States classification schedule for goods and services is found in 37 C.F.R. §6.2. The United States schedule for certification marks is found in 37 C.F.R. §6.3 and the United States schedule for collective membership marks is found in 37 C.F.R. §6.4.

1401.02(a) Headings of International Trademark Classes

International trademark classification, and the headings of the international trademark classes, are established by the Committee of Experts of the Nice Union and are promulgated in the volume entitled International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed. 2006), published by the World Intellectual Property Organization (“WIPO”). For additional information relating to this publication, see TMEP §1401.02(c).

The general remarks, class numbers, class headings, and explanatory notes for each international trademark class are as follows. (The word or words in parentheses following the class numbers are short titles for the classes that are used exclusively in the United States Patent and Trademark Office (“USPTO”) and are not part of the official text of the Nice Union classes. See TMEP §1401.02(b).)

GENERAL REMARKS

The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.

Goods

If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.

(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.

(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.

(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.

(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.

Services

If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.

(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Cl. 38).

(c) Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.

GOODS

CLASS 1

(Chemicals)

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Explanatory Note

Class 1 includes mainly chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes.

This Class includes, in particular:

compost;
salt for preserving other than for foodstuffs.

This Class does not include, in particular:

raw natural resins (Cl. 2);
chemical products for use in medical science (Cl. 5);
fungicides, herbicides and preparations for destroying vermin (Cl. 5);
adhesives for stationery or household purposes (Cl. 16);
salt for preserving foodstuffs (Cl. 30);
straw mulch (Cl. 31).

CLASS 2

(Paints)

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Explanatory Note

Class 2 includes mainly paints, colorants and preparations used for the protection against corrosion.

This Class includes, in particular:

paints, varnishes and lacquers for industry, handicrafts and arts;
dyestuffs for clothing;
colorants for foodstuffs and beverages.

This Class does not include, in particular:

unprocessed artificial resins (Cl. 1);
laundry blueing (Cl. 3);
cosmetic dyes (Cl. 3);
paint boxes (articles for use in school) (Cl. 16);
insulating paints and varnishes (Cl. 17).

CLASS 3

(Cosmetics and cleaning preparations)

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Explanatory Note

Class 3 includes mainly cleaning preparations and toilet preparations.

This Class includes, in particular:

deodorants for personal use;
sanitary preparations being toiletries.

This Class does not include, in particular:

chemical chimney cleaners (Cl. 1);
degreasing preparations for use in manufacturing processes (Cl. 1);
deodorants other than for personal use (Cl. 5);
sharpening stones and grindstones (hand tools) (Cl. 8).

CLASS 4

(Lubricants and fuels)

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Explanatory Note

Class 4 includes mainly industrial oils and greases, fuels and illuminants.

This Class does not include, in particular:

certain special industrial oils and greases (consult the Alphabetical List of Goods).

CLASS 5

(Pharmaceuticals)

Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Explanatory Note

Class 5 includes mainly pharmaceuticals and other preparations for medical purposes.

This Class includes, in particular:

sanitary preparations for personal hygiene, other than toiletries;
deodorants other than for personal use;
cigarettes without tobacco, for medical purposes.

This Class does not include, in particular:

sanitary preparations being toiletries (Cl. 3);
deodorants for personal use (Cl. 3);
supportive bandages (Cl. 10).

CLASS 6

(Metal goods)

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Explanatory Note

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

This Class does not include, in particular:

bauxite (Cl. 1);
mercury, antimony, alkaline and alkaline-earth metals (Cl. 1);
metals in foil and powder form for painters, decorators, printers and artists (Cl. 2).

CLASS 7

(Machinery)

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

Explanatory Note

Class 7 includes mainly machines, machine tools, motors and engines.

This Class includes, in particular:

parts of motors and engines (of all kinds);
electric cleaning machines and apparatus.

This Class does not include, in particular:

certain special machines and machine tools (consult the Alphabetical List of Goods);
hand tools and implements, hand-operated (Cl. 8);
motors and engines for land vehicles (Cl. 12).

CLASS 8

(Hand tools)

Hand tools and implements (hand-operated); cutlery; side arms; razors.

Explanatory Note

Class 8 includes mainly hand-operated implements used as tools in the respective professions.

This Class includes, in particular:

cutlery of precious metals;
electric razors and clippers (hand instruments).

This Class does not include, in particular:

certain special instruments (consult the Alphabetical List of Goods);
machine tools and implements driven by a motor (Cl. 7);
surgical cutlery (Cl. 10);
paper knives (Cl. 16);
fencing weapons (Cl. 28).

CLASS 9

(Electrical and scientific apparatus)

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Explanatory Note

This Class includes, in particular:

apparatus and instruments for scientific research in laboratories;
apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders;
the following electrical apparatus and instruments:

(a) certain electrothermic tools and apparatus, such as electric soldering irons, electric flat irons which, if they were not electric, would belong to Class 8;

(b) apparatus and devices which, if not electrical, would be listed in various classes, i.e., electrically heated clothing, cigar-lighters for automobiles;

protractors;
punched card office machines;
amusement apparatus adapted for use with an external display screen or monitor;
all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network.

This Class does not include, in particular:

the following electrical apparatus and instruments:

(a) electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7;

(b) electric razors and clippers (hand instruments) (Cl. 8);

(d) electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11);

clocks and watches and other chronometric instruments (Cl. 14);
control clocks (Cl. 14).

CLASS 10

(Medical apparatus)

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Explanatory Note

Class 10 includes mainly medical apparatus, instruments and articles.

This Class includes, in particular:

special furniture for medical use;
hygienic rubber articles (consult the Alphabetical List of Goods);
supportive bandages.

CLASS 11

(Environmental control apparatus)

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Explanatory Note

This Class includes, in particular:

air conditioning apparatus;
bedwarmers, hot water bottles, warming pans, electric or non-electric;
electrically heated cushions (pads) and blankets, not for medical purposes;
electric kettles;
electric cooking utensils.

This Class does not include, in particular:

steam producing apparatus (parts of machines) (Cl. 7);
electrically heated clothing (Cl. 9).

CLASS 12

(Vehicles)

Vehicles; apparatus for locomotion by land, air or water.

Explanatory Note

This Class includes, in particular:

motors and engines for land vehicles;
couplings and transmission components for land vehicles;
air cushion vehicles.

This Class does not include, in particular:

certain parts of vehicles (consult the Alphabetical List of Goods);
railway material of metal (Cl. 6);
motors, engines, couplings and transmission components other than for land vehicles (Cl. 7);
parts of motors and engines (of all kinds) (Cl. 7).

CLASS 13

(Firearms)

Firearms; ammunition and projectiles; explosives; fireworks.

Explanatory Note

Class 13 includes mainly firearms and pyrotechnical products.

This Class does not include, in particular:

matches (Cl. 34).

CLASS 14

(Jewelry)

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

Explanatory Note

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

This Class includes, in particular:

jewellery (i.e., imitation jewelry and jewelry of precious metal and stones);
cuff links, tie pins.

This Class does not include, in particular:

goods in precious metals classified according to their function or purpose, for example, metals in foil and powder form for painters, decorators, printers and artists (Cl. 2), amalgam of gold for dentists (Cl. 5), cutlery (Cl. 8), electric contacts (Cl. 9), pen nibs of gold (Cl. 16), teapots (Cl. 21), gold and silver embroidery (Cl. 26), cigar boxes (Cl. 34);
objects of art not of precious metals (classified according to the material of which they consist).

CLASS 15

(Musical Instruments)

Musical instruments.

Explanatory Note

This Class includes, in particular:

mechanical pianos and their accessories;
musical boxes;
electrical and electronic musical instruments.

This Class does not include, in particular:

apparatus for the recording, transmission, amplification and reproduction of sound (Cl. 9).

CLASS 16

(Paper goods and printed matter)

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Explanatory Note

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

This Class includes, in particular:

paper knives;
duplicators;
plastic sheets, sacks and bags for wrapping and packaging.

This Class does not include, in particular:

certain goods made of paper and cardboard (consult the Alphabetical List of Goods);
colours (Cl. 2);
hand tools for artists (for example, spatulas, sculptors’ chisels) (Cl. 8).

CLASS 17

(Rubber goods)

Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Explanatory Note

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

This Class includes, in particular:

rubber material for recapping tyres;
padding and stuffing materials of rubber or plastics;
floating anti-pollution barriers.

CLASS 18

(Leather goods)

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Explanatory Note

Class 18 includes mainly leather, leather imitations, travel goods not included in other classes and saddlery.

This Class does not include, in particular:

clothing, footwear, headgear (consult the Alphabetical List of Goods).

CLASS 19

(Nonmetallic building materials)

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Explanatory Note

Class 19 includes mainly non-metallic building materials.

This Class includes, in particular:

semi-worked woods (for example, beams, planks, panels);
veneers;
building glass (for example, floor slabs, glass tiles);
glass granules for marking out roads;
letter boxes of masonry.

This Class does not include, in particular:

cement preservatives and cement-waterproofing preparations (Cl. 1);
fireproofing preparations (Cl. 1).

CLASS 20

(Furniture and articles not otherwise classified)

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Explanatory Note

Class 20 includes mainly furniture and its parts and plastic goods, not included in other classes.

This Class includes, in particular:

metal furniture and furniture for camping;
bedding (for example, mattresses, spring mattresses, pillows);
looking glasses and furnishing or toilet mirrors;
registration number plates not of metal;
letter boxes not of metal or masonry.

This Class does not include, in particular:

certain special types of mirrors, classified according to their function or purpose (consult the Alphabetical List of Goods);
special furniture for laboratories (Cl. 9);
special furniture for medical use (Cl. 10);
bedding linen (Cl. 24);
eiderdowns (Cl. 24).

CLASS 21

(Housewares and glass)

Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

Explanatory Note

Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain.

This Class includes, in particular:

utensils and containers for household and kitchen use, for example, kitchen utensils, pails, pans of iron, of aluminum, of plastics or of other materials, small hand-operated apparatus for mincing, grinding, pressing, etc.;
electric combs;
electric toothbrushes;
dish stands and decanter stands.

This Class does not include, in particular:

certain goods made of glass, porcelain and earthenware (consult the Alphabetical List of Goods);
cleaning preparations, soaps, etc. (Cl. 3);
small apparatus for mincing, grinding, pressing, etc., driven by electricity (Cl. 7);
razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Cl. 8);
cooking utensils, electric (Cl. 11);
toilet mirrors (Cl. 20).

CLASS 22

(Cordage and fibers)

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Explanatory Note

Class 22 includes mainly rope and sail manufacture products, padding and stuffing materials and raw fibrous textile materials.

This Class includes, in particular:

cords and twines in natural or artificial textile fibres, paper or plastics.

This Class does not include, in particular:

certain nets, sacks and bags (consult the Alphabetical List of Goods);
strings for musical instruments (Cl. 15).

CLASS 23

(Yarns and threads)

Yarns and threads, for textile use.

CLASS 24

(Fabrics)

Textiles and textile goods, not included in other classes; bed and table covers.

Explanatory Note

Class 24 includes mainly textiles (piece goods) and textile covers for household use.

This Class includes, in particular:

bedding linen of paper.

This Class does not include, in particular:

certain special textiles (consult the Alphabetical List of Goods);
electrically heated blankets, for medical purposes (Cl. 10) and not for medical purposes (Cl. 11);
table linen of paper (Cl. 16);
horse blankets (Cl. 18).

CLASS 25

(Clothing)

Clothing, footwear, headgear.

Explanatory Note

This Class does not include, in particular:

certain clothing and footwear for special use (consult the Alphabetical List of Goods).

CLASS 26

(Fancy goods)

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Explanatory Note

Class 26 includes mainly dressmakers’ articles.

This Class includes, in particular:

slide fasteners.

This Class does not include, in particular:

certain special types of hooks (consult the Alphabetical List of Goods);
certain special types of needles (consult the Alphabetical List of Goods);
yarns and threads for textile use (Cl. 23).

CLASS 27

(Floor coverings)

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Explanatory Note

Class 27 includes mainly products intended to be added as furnishings to previously constructed floors and walls.

This Class does not include, in particular:

wooden flooring (Cl. 19)

CLASS 28

(Toys and sporting goods)

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Explanatory Note

This Class includes, in particular:

fishing tackle;
equipment for various sports and games.

This Class does not include, in particular:

Christmas tree candles (Cl. 4);
diving equipment (Cl. 9);
amusement apparatus adapted for use with an external display screen or monitor (Cl. 9);
electrical lamps (garlands) for Christmas trees (Cl. 11);
fishing nets (Cl. 22);
clothing for gymnastics and sports (Cl. 25);
confectionery and chocolate decorations for Christmas trees (Cl. 30).

CLASS 29

(Meats and processed foods)

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

Explanatory Note

Class 29 includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation.

This Class includes, in particular:

milk beverages (milk predominating).

This Class does not include, in particular:

certain foodstuffs of plant origin (consult the Alphabetical List of Goods);
baby food (Cl. 5);
dietetic substances adapted for medical use (Cl. 5);
salad dressings (Cl. 30);
fertilised eggs for hatching (Cl. 31);
foodstuffs for animals (Cl. 31);
live animals (Cl. 31).

CLASS 30

(Staple foods)

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Explanatory Note

Class 30 includes mainly foodstuffs of plant origin prepared for consumption or conservation as well as auxiliaries intended for the improvement of the flavour of food.

This Class includes, in particular:

beverages with coffee, cocoa or chocolate base;
cereals prepared for human consumption (for example, oat flakes and those made of other cereals).

This Class does not include, in particular:

certain foodstuffs of plant origin (consult the Alphabetical List of Goods);
salt for preserving other than for foodstuffs (Cl. 1);
medicinal teas and dietetic substances adapted for medical use (Cl. 5);
baby food (Cl. 5);
raw cereals (Cl. 31);
foodstuffs for animals (Cl. 31).

CLASS 31

(Natural agricultural products)

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Explanatory Note

Class 31 includes mainly land products not having been subjected to any form of preparation for consumption, live animals and plants as well as foodstuffs for animals.

This Class includes, in particular:

raw woods;
raw cereals;
fertilised eggs for hatching;
mollusca and crustacea (live).

This Class does not include, in particular:

cultures of micro-organisms and leeches for medical purposes (Cl. 5);
semi-worked woods (Cl. 19);
artificial fishing bait (Cl. 28);
rice (Cl. 30);
tobacco (Cl. 34).

CLASS 32

(Light beverages)

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Explanatory Note

Class 32 includes mainly non-alcoholic beverages, as well as beer.

This Class includes, in particular:

de-alcoholised drinks.

This Class does not include, in particular:

beverages for medical purposes (Cl. 5);
milk beverages (milk predominating) (Cl. 29);
beverages with coffee, cocoa or chocolate base (Cl. 30).

CLASS 33

(Wine and spirits)

Alcoholic beverages (except beers).

Explanatory Note

This Class does not include, in particular:

medicinal drinks (Cl. 5);
de-alcoholised drinks (Cl. 32).

CLASS 34

(Smokers’ articles)

Tobacco; smokers' articles; matches.

Explanatory Note

This Class includes, in particular:

tobacco substitutes (not for medical purposes).

This Class does not include, in particular:

cigarettes without tobacco, for medical purposes (Cl. 5);

SERVICES

CLASS 35

(Advertising and business)

Advertising; business management; business administration; office functions.

Explanatory Note

Class 35 includes mainly services rendered by persons or organizations principally with the object of:

(1) help in the working or management of a commercial undertaking, or

(2) help in the management of the business affairs or commercial functions of an industrial or commercial enterprise,

as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.

This Class includes, in particular:

the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes.
services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;
services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.

This Class does not include, in particular:

services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).

CLASS 36

(Insurance and financial)

Insurance; financial affairs; monetary affairs; real estate affairs.

Explanatory Note

Class 36 includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.

This Class includes, in particular:

services relating to financial or monetary affairs comprise the following:

(a) services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services;

(b) services of credit institutions other than banks such as co-operative credit associations, individual financial companies, lenders, etc.;

(d) services of brokers dealing in shares and property;

(e) services connected with monetary affairs vouched for by trustees;

(f) services rendered in connection with the issue of travellers’ cheques and letters of credit;

services of realty administrators of buildings, i.e., services of letting or valuation, or financing;
services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.

CLASS 37

(Building construction and repair)

Building construction; repair; installation services.

Explanatory Note

Class 37 includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties.

This Class includes, in particular:

services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers;
services auxiliary to construction services like inspections of construction plans;
services of shipbuilding;
services consisting of hiring of tools or building materials;
repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition);
various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.;
services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Class 40 see the Explanatory Note of Class 40).

This Class does not include, in particular:

services consisting of storage of goods such as clothes or vehicles (Cl. 39);
services connected with dyeing of cloth or clothes (Cl. 40).

CLASS 38

(Telecommunications)

Telecommunications.

Explanatory Note

Class 38 includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which:

(1) allow one person to talk to another,

(2) transmit messages from one person to another, and

(3) place a person in oral or visual communication with another (radio and television).

This Class includes, in particular:

services which consist essentially of the diffusion of radio or television programmes.

This Class does not include, in particular:

radio advertising services (Cl. 35).

CLASS 39

(Transportation and storage)

Transport; packaging and storage of goods; travel arrangement.

Explanatory Note

Class 39 includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding.

This Class includes, in particular:

services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter;
services connected with the hiring of transport vehicles;
services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes;
services connected with the functioning of airports;
services connected with the packaging and parcelling of goods before dispatch;
services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport;
services relating to the inspection of vehicles or goods before transport.

This Class does not include, in particular:

services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35);
services relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36);
services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36);
services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37);
services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 43).

CLASS 40

(Treatment of materials)

Treatment of materials.

Explanatory Note

Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances.

For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.

This Class includes, in particular:

services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);
services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating.

This Class does not include, in particular:

repair services (Cl. 37).

CLASS 41

(Education and entertainment)

Education; providing of training; entertainment; sporting and cultural activities.

Explanatory Note

Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.

This Class includes, in particular:

services consisting of all forms of education of persons or training of animals;
services having the basic aim of the entertainment, amusement or recreation of people;
presentation of works of visual art or literature to the public for cultural or educational purposes.

CLASS 42

(Computer and scientific)

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Explanatory Note

Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc.

This Class includes, in particular:

the services of engineers who undertake evaluations, estimates, research and reports in the scientific and technological fields;
scientific research services for medical purposes.

This Class does not include, in particular:

business research and evaluations (Cl. 35);
word processing and computer file management services (Cl. 35);
financial and fiscal evaluations (Cl. 36);
mining and oil extraction (Cl. 37);
computer (hardware) installation and repair services (Cl. 37);
services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
medical treatment services (Cl. 44);
garden design (Cl. 44);
legal services (Cl. 45).

CLASS 43

(Hotels and restaurants)

Services for providing food and drink; temporary accommodation.

Explanatory Note

Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation.

This Class includes, in particular:

reservation services for travellers’ accommodation, particularly through travel agencies or brokers;
boarding for animals.

This Class does not include, in particular:

rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
arranging travel by tourist agencies (Cl. 39);
preservation services for food and drink (Cl. 40);
discotheque services (Cl. 41);
boarding schools (Cl. 41);
rest and convalescent homes (Cl. 44).

CLASS 44

(Medical, beauty & agricultural)

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Explanatory Note

Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry.

This Class includes, in particular:

medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);
artificial insemination services;
pharmacy advice;
animal breeding;
services relating to the growing of plants such as gardening;
services relating to floral art such as floral compositions as well as garden design.

This Class does not include, in particular:

vermin exterminating (other than for agriculture, horticulture and forestry) (Cl. 37);
installation and repair services for irrigation systems (Cl. 37);
ambulance transport (Cl. 39);
animal slaughtering services and taxidermy (Cl. 40);
timber felling and processing (Cl. 40);
animal training services (Cl. 41);
health clubs for physical exercise (Cl. 41);
scientific research services for medical purposes (Cl. 42);
boarding for animals (Cl. 43);
retirement homes (Cl. 43).

CLASS 45

(Personal)

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Explanatory Note

This Class includes, in particular:

services rendered by lawyers to individuals, groups of individuals, organizations and enterprises;
investigation and surveillance services relating to the safety of persons and entities;
services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.

This Class does not include, in particular:

professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
escorting of travellers (Cl. 39);
security transport (Cl. 39);
services consisting of all forms of education of persons (Cl. 41);
performances of singers and dancers (Cl. 41);
computer services for the protection of software (Cl. 42);
services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44);
certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).

1401.02(b) Short Titles for International Trademark Classes

The United States Patent and Trademark Office associates the following word titles with the respective international trademark class numbers:

GOODS

1. Chemicals

2. Paints

3. Cosmetics and cleaning preparations

4. Lubricants and fuels

5. Pharmaceuticals

6. Metal goods

7. Machinery

8. Hand tools

9. Electrical and scientific apparatus

10. Medical apparatus

11. Environmental control apparatus

12. Vehicles

13. Firearms

14. Jewelry

15. Musical instruments

16. Paper goods and printed matter

17. Rubber goods

18. Leather goods

19. Non-metallic building materials

20. Furniture and articles not otherwise classified

21. Housewares and glass

22. Cordage and fibers

23. Yarns and threads

24. Fabrics

25. Clothing

26. Fancy goods

27. Floor coverings

28. Toys and sporting goods

29. Meats and processed foods

30. Staple foods

31. Natural agricultural products

32. Light beverages

33. Wines and spirits

34. Smokers’ articles

SERVICES

35. Advertising and business

36. Insurance and financial

37. Building construction and repair

38. Telecommunications

39. Transportation and storage

40. Treatment of materials

41. Education and entertainment

42. Computer and scientific

43. Hotels and restaurants

44. Medical, beauty and agricultural

45. Personal and legal

These short titles are not an official part of the international classification. Their purpose is to provide a means to quickly identify the general content of numbered international classes. By their nature, these titles will not necessarily disclose the classification of specific items. The titles are not designed to be used for classification but only as information to assist in the identification of numbered classes. To determine the classification of particular goods and services, it is necessary to refer to the Alphabetical List of Goods and Services, the class headings of international classes and Explanatory Notes in the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed. 2006), published by WIPO. The full names of international classes are set forth in 37 C.F.R. §6.1.

The short titles are printed in the Official Gazette in association with the international class numbers under MARKS PUBLISHED FOR OPPOSITION, Sections 1 and 2; TRADEMARK REGISTRATIONS ISSUED, PRINCIPAL REGISTER, Section 1; TRADEMARK REGISTRATIONS ISSUED UNDER SECTION 1(d), Sections 1 and 2; and SUPPLEMENTAL REGISTER, Sections 1 and 2.

The international trademark classification was adopted by the United States as its system of classification as of September 1, 1973. See 911 TMOG 210 (June 26, 1973). The use of short titles was announced in a notice at 924 TMOG 155 (July 16, 1974).

1401.02(c) International Alphabetical List

Additional general guidance concerning identifications may be found in the “Alphabetical List” of goods and services appearing in the International Classification of Goods and Services for the Purposes of the Registration of Marks Under the Nice Agreement-Part I (9^th ed. 2006), published by the World Intellectual Property Organization, 34, chemin des Colombettes, 1211 Geneva 20 Switzerland. (Specify the English edition when ordering.) The International Classification is available at http://www.wipo.int/classifications/en/index.html. However, because the international list was developed to classify goods and services and not to identify specific goods and services, most entries will not be sufficiently definite to use in an identification of goods or services. If such entries are provided as identifications, the Office exercises its discretion to require greater particularity. See In re Omega SA, ___ F.3d ___, ___ USPQ2d ___, Docket No. 2006-1234 (Fed. Cir. July 23, 2007).

The USPTO’s Acceptable Identification of Goods and Services Manual should be used to determine whether an identification is sufficiently definite. See TMEP §1402.04.

1401.03 Designation of Class

In an application for registration of a mark, the applicant or the applicant’s attorney should designate the international class number(s) that are appropriate for the identified goods or services whenever the information is known. 37 C.F.R. §2.32(a)(7). See TMEP §1401.02(a) for the international classification schedule with explanatory notes.

In an application under §1 or §44, incorrect classification will be corrected by amendment. See TMEP §1401.03(b).

1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44

Sometimes a product could be classified in more than one class. Some products are classified differently depending on the type of material of which the product is composed, or a particular use of the product. For example, plastic statuettes are in Class 20 while glass statuettes are in Class 21; reagents for research purposes are in Class 1 while reagents for medical use are in Class 5. Generally, in applications under §1 or §44 of the Trademark Act, prior to their assignment to an examining attorney, the Office retains the class number designated by the applicant or the applicant’s attorney, in the absence of any information clearly contradicting that classification. The applicant may be asked for further clarification for classification of goods of this type during the examination of the application. If the wording in the identification is broad enough to encompass more than one class, amendment will be required. See In re Omega SA, ___ F.3d ___, ___ USPQ2d ___, Docket No. 2006-1234 (Fed. Cir. July 23, 2007) (“chronographs” held indefinite because it includes both time recording devices in Class 9 and watches in Class 14). Also, if the examining attorney determines that the class designated by the applicant is incorrect, the examining attorney will require reclassification of the goods or services as required by the classification requirements and guidelines of the Nice Agreement and Office policy.

1401.03(b) Designation of Class by Office When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44

In an application under §1 or §44 of the Trademark Act, if the applicant does not designate a class number(s), the Office will do so. If the class number(s) indicated by the applicant is clearly wrong (e.g., goods are classified in a service class), the Pre-Examination Section of the Office will change the classification. The filing receipt for the application will indicate the class number(s) that have been designated.

Upon examination, the classification must be amended if the class numbers are incorrect. When the examining attorney requires or recommends an amendment of the identification of goods or services that would necessitate an amendment of the classification, the examining attorney should also require the applicant to amend the classification.

If an incorrect class number was designated by the Pre-Examination Section, the examining attorney must inform the applicant of the correct class number for the identified goods or services and require amendment of the classification.

Amendment or correction of classification may be done through an examiner’s amendment, without prior authorization by the applicant or the applicant’s attorney. Groening v. Missouri Botanical Garden, 59 USPQ2d 1601 (Comm’r Pats. 1999). See TMEP §707.02.

Before approving an application for publication, the examining attorney must check to make sure that the properly assigned class is reflected in the electronic records of the Office.

1401.03(c) Failure to Classify May Delay Action in Applications Under §§1 and 44

The applicant should make an initial effort at classification, using the Alphabetical List of Goods and Services. In an application under §1 or §44 of the Trademark Act, when an application and fee is filed for a single class, but the identification lists a large number of items that obviously involve many classes, the examining attorney will require the applicant to properly classify the items. Class designations must be determined and fees for multiple classes must be paid before an examining attorney does an extensive search in a large number of classes. See TMEP §810.01.

1401.03(d) Classification Determined by World Intellectual Property Organization in §66(a) Applications

In an application under §66(a) of the Trademark Act, i.e., a request for protection of an international registration to the United States pursuant to the Madrid Protocol, the International Bureau of the World Intellectual Property Organization (“IB”) controls classification. Article 3(2) of the Protocol. The §66(a) application (and any resulting registration) remains part of the international registration, and a change of classification in the United States would have no effect on the international registration. Therefore, the international classification of goods/services in a §66(a) application cannot be changed from the classification given to the goods/services by the IB, even if the IB’s classification of goods/services in the §66(a) application is different from the classification set forth in the USPTO’s Acceptable Identification of Goods and Services Manual.

Accordingly, if the mark in a §66(a) application appears to be a certification or collective membership mark, the USPTO will not reclassify it into United States Class A, B or 200. However, the applicant must comply with all other United States requirements for certification and collective membership marks, regardless of the classification chosen by the IB. See TMEP §§1304 et seq. and 1306 et seq.

For purposes of identification of goods/services, the examining attorney will examine a §66(a) application according to the same standards of specificity used in examining applications under §1 and §44 of the Trademark Act. That is, the examining attorney must follow the procedures set forth in the TMEP and identify the goods/services in accordance with the USPTO’s Manual of Acceptable Identification of Goods and Services (see TMEP §1402.04) whenever possible.

See also TMEP §§1402.01(c) and 1904.02(b).

1401.04 Classification Determines Number of Fees

Extract from 15 U.S.C. §1112. The applicant may apply to register a mark for any or all of the goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce: Provided, That if the Director by regulation permits the filing of an application for the registration of a mark for goods or services which fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Director may issue a single certificate of registration for such mark.

Classification is the basis for determining the number of fees that must be paid. In an application under §1 or §44 of the Trademark Act, fee is required for each class.

In an application under §1 or §44, if the application sets forth goods or services in more than one class and only one fee has been paid, the applicant must either amend the application to restrict the goods or services to a single class or submit a fee for each additional class to prosecute the application as a multiple-class application. The fees for multiple classes must be paid before an examining attorney does an extensive search in a large number of classes. TMEP §810.01.

If, with the original application, the applicant submits fees for more classes than are validly represented in the application, the fees that have been overpaid in error will be refunded.

In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO pursuant to the provisions of the Madrid Protocol and the Common Regulations Under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to That Agreement (“Common Regs.”). The examining attorney will not question the sufficiency of the filing fee in a §66(a) application. The classification in a §66(a) application cannot be changed, and classes cannot be added. See TMEP §1401.03(d) for further information.

1401.04(a) Prior United States Classification System

Prior to the adoption of the International Classification in 1973, the United States Classification was the primary classification used in the Office. After adoption of the International Classification, the United States Classification became a secondary classification system. United States classes are still assigned to all applications by a computerized system. Each international class is coordinated with the United States classes that are most frequently associated with it. Neither examining attorneys nor any other Office personnel have the authority or capability of altering these automatically assigned secondary United States Classification designations.

1401.04(b) Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

An application may list, in connection with each international class number designated, only goods or services that fall within that class. An applicant may apply to register a mark for any or all of the goods/services on or in connection with which the applicant is using or has a bona fide intent to use the mark in commerce, if the applicant submits a filing fee for each class. See 15 U.S.C. §1112; 37 C.F.R. §2.86(a). An application that includes more than one class of goods or services is called a combined or multiple-class application. See TMEP §§1403 et seq.

The applicant should designate only the number of classes for which a filing fee is submitted and should limit the specified goods and services to those within the particular class(es) designated. Thus, if a single filing fee is submitted, the applicant should designate only one class and should limit the goods or services specified in the identification to items in that class.

The examining attorney must require any necessary amendments to ensure that the classification is correct for the specified goods or services. In an application under §1 or §44 of the Trademark Act, if the applicant identifies goods or services that are classified in a greater number of classes than the classes for which filing fees have been paid, the examining attorney must require that the applicant either: (1) pay the additional fees; or (2) amend the identification to restrict the application to the number of classes for which fees have already been paid. See TMEP §§810.01 and 1403.02(c).

In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO, pursuant to the provisions of the Madrid Protocol and the Common Regs. The examining attorney will not question the sufficiency of the filing fee in a §66(a) application. The classification in a §66(a) application cannot be changed, and classes cannot be added. See TMEP §1401.03(d).

1401.05 Criteria on Which International Classification Is Based

The Alphabetical List of Goods and Services according to the International Classes contains information about the appropriate class for particular products and services. See TMEP §1401.02(c). See also the Explanatory Notes at the end of each class heading of goods or services. TMEP §1401.02(a). These notes explain the principles and differentiating lines on which the international classes are based.

Some general criteria have been formulated for placing goods or services in the international classes:

A finished product is, in principle, classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.
A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.
Raw materials, unworked or semi-worked, are classified, in principle, according to the material of which they consist.
Goods intended to form part of another product are, in principle, classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.
When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is, in principle, classified according to the material which predominates.
Cases adapted to the product they are intended to contain are, in principle, classified in the same class as the product.
Services are, in principle, classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.
Rental services are, in principle, classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, in Cl. 38).
Services that provide advice, information or consultation are, in principle, classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, for example, transportation consultancy in Class 39, business management consultancy in Class 35, financial consultancy in Class 36, beauty consultancy in Class 44. The rendering of the advice, information or consultancy by electronic means (such as telephone or computer) does not affect the classification of these services. See TMEP §1402.11(b) and (e).

See TMEP §1401.02(a).

As indicated above, in the international classification, considerable weight is given to the material of which goods are made.

A product may comprise items that are sold as a unit and that, if sold separately, would be classified in different classes. The identification in such cases should include wording to indicate that the goods are “sold as a unit.” The predominant elements should be listed first and the item will be classified accordingly.

Example - Computer software is classified in Class 9. Instructional manuals are classified in Class 16. The item “Computer software for investment management and instructional manuals related thereto, sold as a unit” would be classified in Class 9. “Instructional manuals in the field of investment management and computer software relating thereto, sold as a unit” would be classified in Class 16.

1401.06 Specimens as Related to Classification

As a general rule, the specimen(s) in an application under §1 of the Trademark Act helps to determine the correct classification. The examining attorney should carefully review the specimen to ensure that the identification and classification are accurate. If the information in the record and the wording of the identification differ, or if some significant characteristic shown in the record is omitted from the identification, the assigned class number may be incorrect. See TMEP §1402.05. Howev