[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47528-47530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19568]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO-T-2012-0027]
RIN 0651-AC80
International Trademark Classification Changes
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
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SUMMARY: The United States Patent and Trademark Office (``USPTO'')
issues a final rule to incorporate classification changes adopted by
the Nice Agreement Concerning the International Classification of Goods
and Services for the Purposes of the Registration of Marks (``Nice
Agreement''). These changes became effective January 1, 2012, and are
listed in the International Classification of Goods and Services for
the Purposes of the Registration of Marks (10th ed., 2011), which is
published by the World Intellectual Property Organization (``WIPO'').
In addition, the USPTO is amending some punctuation and grammar to
conform to what appears in the Nice Agreement.
DATES: This rule is effective on August 9, 2012.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by telephone at (571)
272-8742.
SUPPLEMENTARY INFORMATION: The USPTO is revising 37 CFR 6.1 to
incorporate classification changes and modifications that became
effective January 1, 2012, as listed in the International
Classification of Goods and Services for the Purposes of the
Registration of Marks (10th ed., 2011), published by WIPO. These
revisions have been incorporated into the Nice Agreement. As a
signatory to the Nice Agreement, the United States adopts these
revisions pursuant to Article 1. In addition, the USPTO is revising
punctuation and grammar so that it will conform to what appears in the
Nice Agreement.
The following changes are noted:
Class 5 is amended to change ``dietetic substances adapted for
medical use,'' to ``dietetic food and substances adapted for medical
use,'' and to add ``dietary supplements for humans and animals;''
before ``plasters.''
Class 7 is amended to insert ``automatic vending machines'' after
the word ``eggs.''
Class 9 is amended to insert ``compact discs, DVDs and other
digital recording media;'' after ``discs;'' and to insert ``computer
software;'' after ``computers.'' ``Automatic vending machines and'' is
deleted from Class 9; automatic vending machines are classified in
Class 7.
Class 18 is amended to replace ``umbrellas, parasols and walking
sticks'' with ``umbrellas and parasols; walking sticks.''
Class 24 is amended to replace ``bed and table covers'' with ``bed
covers; table covers.''
Classes 30 and 31 are amended to reorder the manner in which the
goods are listed in the class.
Class 32 is amended to replace ``non-alcoholic drinks; fruit
drinks'' with ``non-alcoholic beverages; fruit beverages.''
Rulemaking Requirements
Administrative Procedure Act: The amendments in this final rule are
procedural in nature as they only reorganize the international
classifications of goods and services and modify the form of wording.
The reorganization and modification have been established by the
Committee of Experts of the Nice Union and have been promulgated in the
volume entitled International Classification of Goods and Services for
the Purposes of the Registration of Marks (10th ed., 2011). Therefore,
prior notice and an opportunity for public comment are not required
pursuant to 5 U.S.C. 553(b)(A), or any other law. Furthermore, pursuant
to 5 U.S.C. 553(b)(B), notice and an opportunity for public comment are
unnecessary since the amendments are required by the Nice Agreement, to
which the United States is a signatory.
Regulatory Flexibility Act: The final rule involves rules of agency
practice and procedure. As prior notice and an opportunity for public
comment are not required pursuant to 5 U.S.C. 553 or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable.
Executive Order 12866: This rule has been determined not to be
significant for purposes of Executive Order 12866 (Sept. 3, 1993).
Executive Order 13563: The USPTO has complied with Executive Order
13563. Specifically, the USPTO has, to the extent feasible and
applicable: (1) Made a reasoned determination that the benefits justify
the costs of the rule; (2) tailored the rule to impose the least burden
on society consistent with obtaining the regulatory objectives; (3)
selected a regulatory approach that maximizes net benefits; (4)
specified performance objectives; (5) identified and assessed available
alternatives; (6) provided the public with a meaningful opportunity to
participate in the regulatory process, including soliciting the views
of those likely affected prior to issuing a notice of proposed
rulemaking, and provided on-line access to the rulemaking docket; (7)
attempted to promote coordination, simplification, and harmonization
across government agencies and identified goals designed to promote
innovation; (8) considered approaches that reduce burdens and maintain
flexibility and freedom of choice for the public; and (9) ensured the
objectivity of scientific and technological information and processes,
to the extent applicable.
[[Page 47529]]
Executive Order 13132: This rule does not contain policies with
federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the
United States Patent and Trademark Office will submit a report
containing the final rule and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the Government Accountability Office. The
changes in this notice are not expected to result in an annual effect
on the economy of 100 million dollars or more, a major increase in
costs or prices, or significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets. Therefore, this notice is
not expected to result in a ``major rule'' as defined in 5 U.S.C.
804(2).
Unfunded Mandates Reform Act of 1995: The changes set forth in this
rulemaking do not involve a Federal intergovernmental mandate that will
result in the expenditure by State, local, and tribal governments, in
the aggregate, of 100 million dollars (as adjusted) or more in any one
year, or a Federal private sector mandate that will result in the
expenditure by the private sector of 100 million dollars (as adjusted)
or more in any one year, and will not significantly or uniquely affect
small governments. Therefore, no actions are necessary under the
provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C.
1501 et seq.
Paperwork Reduction Act: This final rule does not involve
information collection requirements which are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 37 CFR Part 6
Administrative practice and procedure, Trademarks, Classification.
For the reasons stated in the preamble and under the authority
contained in 15 U.S.C. 1112, 1123 and 35 U.S.C. 2, as amended, the
USPTO is amending part 6 of title 37 as follows:
PART 6--CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK
ACT
0
1. The authority citation for 37 CFR part 6 continues to read as
follows:
Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise
noted.
0
2. Revise Sec. 6.1 to read as follows:
Sec. 6.1 International schedule of classes of goods and services.
Goods
1. 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.
2. 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.
3. Bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations; soaps;
perfumery, essential oils, cosmetics, hair lotions; dentifrices.
4. Industrial oils and greases; lubricants; dust absorbing, wetting
and binding compositions; fuels (including motor spirit) and
illuminants; candles and wicks for lighting.
5. Pharmaceutical and veterinary preparations; sanitary
preparations for medical purposes; dietetic food and substances adapted
for medical use, food for babies; dietary supplements for humans and
animals; plasters, materials for dressings; material for stopping
teeth, dental wax; disinfectants; preparations for destroying vermin;
fungicides, herbicides.
6. 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.
7. 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; automatic vending machines.
8. Hand tools and implements (hand-operated); cutlery; side arms;
razors.
9. 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; compact discs, DVDs and other digital
recording media; mechanisms for coin-operated apparatus; cash
registers, calculating machines, data processing equipment, computers;
computer software; fire-extinguishing apparatus.
10. Surgical, medical, dental and veterinary apparatus and
instruments, artificial limbs, eyes and teeth; orthopedic articles;
suture materials.
11. Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply and sanitary purposes.
12. Vehicles; apparatus for locomotion by land, air or water.
13. Firearms; ammunition and projectiles; explosives; fireworks.
14. 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.
15. Musical instruments.
16. 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.
17. 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.
18. 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 and parasols; walking sticks;
whips, harness and saddlery.
19. Building materials (non-metallic); non-metallic rigid pipes for
building; asphalt, pitch and bitumen; non-metallic transportable
buildings; monuments, not of metal.
20. Furniture, mirrors, picture frames; goods (not included in
other classes) of wood, cork, reed, cane, wicker, horn,
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bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and
substitutes for all these materials, or of plastics.
21. 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.
22. 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.
23. Yarns and threads, for textile use.
24. Textiles and textile goods, not included in other classes; bed
covers; table covers.
25. Clothing, footwear, headgear.
26. Lace and embroidery, ribbons and braid; buttons, hooks and
eyes, pins and needles; artificial flowers.
27. Carpets, rugs, mats and matting, linoleum and other materials
for covering existing floors; wall hangings (non-textile).
28. Games and playthings; gymnastic and sporting articles not
included in other classes; decorations for Christmas trees.
29. 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.
30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and
sago; flour and preparations made from cereals; bread, pastry and
confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt;
mustard; vinegar, sauces (condiments); spices; ice.
31. Grains and agricultural, horticultural and forestry products
not included in other classes; live animals; fresh fruits and
vegetables; seeds, natural plants and flowers; foodstuffs for animals,
malt.
32. Beers; mineral and aerated waters and other non-alcoholic
beverages; fruit beverages and fruit juices; syrups and other
preparations for making beverages.
33. Alcoholic beverages (except beers).
34. Tobacco; smokers' articles; matches.
Services
35. Advertising; business management; business administration;
office functions.
36. Insurance; financial affairs; monetary affairs; real estate
affairs.
37. Building construction; repair; installation services.
38. Telecommunications.
39. Transport; packaging and storage of goods; travel arrangement.
40. Treatment of materials.
41. Education; providing of training; entertainment; sporting and
cultural activities.
42. Scientific and technological services and research and design
relating thereto; industrial analysis and research services; design and
development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services; veterinary services; hygienic and beauty care
for human beings or animals; agriculture, horticulture and forestry
services.
45. Legal services; security services for the protection of
property and individuals; personal and social services rendered by
others to meet the needs of individuals.
Dated: August 3, 2012.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2012-19568 Filed 8-8-12; 8:45 am]
BILLING CODE 3510-16-P