030 {Indicate frozen, frosted, prepared or packaged} fruit
pies
“Fruit pies” is an acceptable entry; further specification is
acceptable, but it is not required.
029 {Indicate processed, canned, dried or preserved}
chilies
Chilies is also commonly spelled “chiles.”
029 {Indicate specific type of seed, e.g., Sunflower, Pumpkin,
etc.} seed butters
Seed butters is acceptable wording in Class 29;
further specification of the type of seed is acceptable, but it is not
required.
030 {Indicate type of extracts, e.g., vanilla, almond,
coconut, etc.} extracts for use as a food flavoring
This entry does
not encompass essential oils for food flavoring, which are classified in Class
3. Extracts used as food flavoring is acceptable wording; further
specification of the type of extract is acceptable, but it is not required.
01-01-2016: Edible essential oils are typically obtained by condensing the
vapors of boiled seeds, leaves or other plant parts. Citrus essential oils
are squeezed directly from the rinds. Essential oils for food flavoring are
classified in Class 3. In contrast, extracts used as food flavorings
generally feature ethyl alcohol, glycerol or propylene glycol combined with
essential oils, and may also contain water, sugar, or food colorants.
008 {Indicate type, e.g., electric, flat, steam} irons
On 1-1-2012, this Class 9 electric or electrothermic apparatus entry of
4-2-1991 was transferred to Class 8 (the class of its non-electric
counterparts), pursuant to the 10th Edition of the Nice Agreement.
029 {Indicate whether frozen, prepared or packaged}
vegetable-based entrees
Changed from “vegetarian entrees” since that
language can include pasta- or rice-based entrees which would be in Class
30.
003 {Specify area of use, e.g., face, body, hand, etc.}
moisturizers
This entry in Class 3 includes non-medicated cosmetic
preparations only. Medicated moisturizers are in Class 5.
029 {Specify legume-type bean, e.g., mung, red, etc.}
bean-based snack foods
Bean-based snack foods is acceptable wording;
further specification is acceptable, but it is not required.
022 {Specify type of animal, e.g., dog, rabbit, alpaca, etc.}
hair for stuffing or padding purposes
Animal hair is an acceptable
entry in Class 22; further specifying the particular animal is acceptable, but
it is not required.
030 {Specify type of brittle, e.g., cashew, almond, sesame
seed, etc.} brittle
Brittle is acceptable wording; further
specification is acceptable, but is not required.
016 {Specify type of drawing, e.g., line, illustration,
geometric, etc.} drawings made from {specify, e.g., mix media art materials,
water-colors, pen and ink, etc.}
Drawings is acceptable wording;
further specification is acceptable, but is not required.
008 {Specify type of knives, e.g., hunting, folding, chef,
kitchen, butcher, paring, fishing, or sport} knives [hand tools]
05-02-2013: This entry of 4/2/1991 was modified to include the term “for”
before the bracketed fill-in portion in order for the resulting identification
to be grammatically accurate when inserted in an application filed through
TEAS. “Knives” without further modification is acceptable in Class 8. On
03-26-2015, this 5-02-2013 entry was amended from “Knives for {specify type,
e.g., hunting, folding, chef, kitchen, butcher, paring, fishing, or sport}” to
the current entry for clarity.
030 {Specify type of pizza, e.g., deep dish, cheese, New-York
style, etc.} pizza
Pizza is acceptable wording; further specification
is acceptable, but is not required.
016 A creative tool consisting of photographs and written work
that allows students to encapsulate wilderness experiences they have
encountered in a specialized treatment program and provide a basis for
communication with others
09-05-2013: Status of entry changed from
“A”-Added to “X”-Example.
009 A mesh network of temperature probes which measures the
internal temperatures of compost piles and wirelessly transmits the
temperature data to a computer
10-10-2013: Entry status changed from
“A” added to “X” example.
016 A series of fiction works, namely, novels and books
featuring {indicate topic or field}
A series of fiction works,
namely, novels and books is acceptable in Class 16; further specification as
to the topic or field is acceptable, but is not required
029 Abalones, not live
On 1-31-2013, the 7-20-2004
entry “Abalones [not live]” was modified to incorporate the bracketed wording
into the identification. Live abalones are classified in Class 31.
025 Abayas
Abayas are outer garments worn by some
Muslim women for fully covering the body from head to toe.
009 Abdominal belts containing built-in speakers for purposes
of transmitting music/sounds/educational material to a fetus and built-in
pockets in which to carry audio transmitters
10-10-2013: Entry status
changed from “A” added to “X” example.
010 Abdominal hernia belts
On 01-31-2013, this
04-02-1991 entry was modified by inserting “hernia” to clarify the nature of
the goods. Abdominal belts for medical purposes are classified in Class 10,
while electrical stimulation belts for strengthening abdominal muscles are
classified in Class 28 as body training apparatus.
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 hand, 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 also hand held.
005 Acaricides
Acaricides are pesticides used to kill
mites and ticks.
036 Accepting and administering monetary charitable
contributions to assist United States service persons serving in combat zones
or wounded and in military hospitals
10-03-2013: Entry status changed
from “A” added to “X” example.
012 Accessories for boats, namely, awnings
On
05-31-12, this 06-12-2008 entry was deleted from the Manual and replaced with
“Awnings for vehicles [not of metal]” in Class 22. This wording is still
acceptable in Class 22.
011 Accessories for fireplaces, namely, air circulation kits
consisting primarily of metal ducts and metal adaptors used to increase the
amount of heat recovered from the fireplace using a blower or natural
convection
09-13-2012: These goods are in Class 11 because they are
closely related to heating apparatus. 07-04-2013: Status changed from “A” -
Added to “X” - example.
006 Accessories for fireplaces, namely, fire screens
consisting primarily of a metal frame with a metal mesh
On
09-13-2012, this 10-28-2010 entry was deleted because it appeared to conflict
with the “Fireplace screens” entry in Class 20. This wording is no longer
acceptable in Class 6.
045 Accident investigations
This entry was
transferred from Class 42 to Class 45 due to the restructuring of 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 of
persons or entities. Hence, a pre-employment background investigation is in
class 45 because such investigations are done to ensure the safety of current
employees 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 purpose than
ensuring safety i.e. a business investigation, looking at the processes of
business (Class 35) or a financial investigation that determines the financial
soundness of a company (Class 36), or a scientific investigation (Class
42).
035 Account auditing
These services are classified in
Class 35 because they involve financial accounting and other business-type
activities in Class 35. Effective Jan. 1, 2013, auditing services are
classified in Class 35 when they involve accounting and other business-type
activities, and auditing services are classified in Class 42 when they involve
technical analysis and evaluation. The subject matter being audited does not
determine classification.
035 Accounting for third parties
7-16-09 - Class
changed from 036 entry - typographical error in 6-4-09 entry
035 Accounts receivable billing services
On
10-16-2014, the 10-01-1994 entry was amended to add the word “billing” in
order to clarify the nature of the services provided in connection with
accounts receivable.
042 Accreditation services, namely, setting and providing
standards for {indicate field or subject matter} for the purpose of
accreditation
On 10-01-2015, this 03-15-2007 entry was deleted
because it is unclear whether the activities constitute services under the
Trademark Act. TMEP §1301.01 et seq. In other words, it is unclear whether the
activities are being performed by the accrediting body or by a third party for
the accrediting body. This wording is no longer acceptable. 03-15-2007 -This
is NOT the accreditation or certification service itself. This ID covers
activities that establish criteria for the accreditation or certification.
Accreditation and certification themselves are in classes A or B.
042 Accreditation services, namely, developing, evaluating,
and testing standards for {indicate goods or services} for the purpose of
accreditation
On 10-01-2015, this 09-01-2004 entry was deleted
because it is unclear whether the activities constitute services under the
Trademark Act. TMEP §1301.01 et seq. In other words, it is unclear whether the
activities are being performed by the accrediting body or by a third party for
the accrediting body. This wording is no longer acceptable. 09-01-2004 -This
is NOT the accreditation or certification service itself. This ID covers
activities that establish criteria for the accreditation or certification.
Accreditation and certification themselves are in classes A and B.
042 Accreditation services, namely, developing and
administering standards and procedures for certifying professionals in the
field of {specify field or industry, e.g., human resources management,
educational instruction, etc.}[Applicant may indicate that it is issuing or
awarding certificates of accreditation in connection therewith]
06-16-2016 - TMEP Section 1306.06(e) was replaced with TMEP Section 1306.02(c)
in the July 2015 version of the TMEP. 10-01-2015 - On 10-01-2015, this
05-23-13 entry was deleted because it is ambiguous. This wording is no longer
acceptable. 05-23-2013 - These services cover activities that establish
criteria for accreditation or certification. Identification of goods and
services for certification marks used by third parties, with the authorization
of the certifier, are classified in Classes A and B. See TMEP Section
1306.06(e). On 5-23-2013, this 4-29-2010 entry was amended to add the
bracketed information at the end of the ID for informational purposes.
005 Acne treatment preparations
These refer to
medicated acne treatment preparations. Non-medicated acne treatment
preparations are in Class 3.
009 Acoustic amplifiers for mobile devices
Acoustic
amplifiers is acceptable wording; further specification is acceptable, but is
not required.
009 Acoustic membranes
Specification of use was
deleted from this entry because the item is clearly stated and is always used
in sound recording or reproducing apparatus, all of which are in Class 9.
017 Acoustical tiles
Acoustical tiles are classified
in Class 17, because of their function.
003 Acrylic nail {specify form, e.g., powder or liquid}
preparations for shaping or sculpting nails [cosmetics]
09/19/2015:
These powders and liquids are used to form and shape nails and nail tips, as
well as to add color.
017 Acrylic-based sealants for construction particularly for
use in glazing, siding and trim
On 01-17-2013, the wording “and
adhesives” was deleted from the 12-01-2005 entry because “Adhesives for
industrial purposes” is in the Nice Alphabetical List in Class 1, and that
entry covers construction industry adhesives. “Sealant compounds for joints”
is in the Nice Alphabetical List in Class 17 and covers the goods described in
this entry.
005 Activated charcoal used as an antidote to poisons
Activated charcoal is an activated carbon. Although “activated carbons”
appears in the Nice Alphabetical List in Class 1, these goods are classified
in Class 5 because the goods are for medical purposes.
010 Acupuncture instruments
On 07-16-2015, this
07-01-1994 entry was modified to delete the bracketed wording “[electric or
non-electric]” to match the TM5 approved entry. Electric and non-electric
acupuncture instruments are classified in Class 10 based on their function as
medical instruments.
044 Acupuncture services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of 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 of Class 42
that was implemented in the 8th edition of the Nice Agreement.
040 Additive manufacturing
“Additive manufacturing”
refers to a process by which digital 3D design data is used to build up a
component in layers by depositing material. The term “3D printing” is commonly
used as a synonym for additive manufacturing.
040 Additive manufacturing of {indicate field of goods, e.g.,
toys, furniture, etc.}
Additive manufacturing is acceptable wording;
further specification is acceptable, but it is not required.
031 Additives to animal feed, not for medical purposes
1-1-2012 The 1-1-2006 entry has been deleted because it is no longer
acceptable under the 10th Edition of the Nice Agreement. Food additives for
culinary purpose are classified in Classes 29-33 depending on the nature and
purpose of the goods. Food additives for use in the food industry are in Class
1. This entry is being replaced by “Nutritional additives for use in
manufacturing animal feed” in Class 1.
005 Additives to fodder for medical purposes
1-1-2012
This entry of 06-03-2010 has been deleted under the 10th Edition of the Nice
Agreement since “Additives to fodder for medical purposes” has been deleted
from the Nice Alphabetical List. Additives in the nature of dietary
supplements for humans or for animals are in Class 5.
031 Additives to fodder, not for medical use
1-1-2012
The 9-3-2009 entry has been deleted because it is no longer acceptable under
the 10th Edition of the Nice Agreement. The entry “Additives to fodder, not
for medical purpose” has been deleted from the Nice Alphabetical List. Food
additives for culinary purpose are classified in Classes 29-33 depending on
the nature and purpose of the goods. Food additives for use in the food
industry are in Class 1 and additives in the nature of dietary supplements for
humans or for animals are in Class 5.
004 Additives, non-chemical, to motor fuel
Chemical-based additives for oils and fuels are in Class 1.
005 Adhesive bands for medical purposes
On 05-26-2011
this entry of 5-10-2007 was transferred from Class 10 to Class 5 because these
goods are in the Nice Alphabetical List in Class 5. Adhesive bands are used to
cover or protect a part of the body while it is healing.
016 Adhesive cement for hobbyists
On 12-13-2012, the
04-02-1991 entry was transferred from Class 1 to Class 16. Adhesives in Class
1 are generally for industrial purposes, while adhesives in Class 16 are
generally for stationery or household purposes. Therefore, adhesive cement for
hobbyists is better suited in Class 16.
017 Adhesive elastomeric tape for placement onto electronic
devices to prevent slipping
On 1-1-13, the 08-16-2007 entry was
modified by deleting “appliques,” inserting “Adhesive” and “tape,” and
transferred to Class 17 to more precisely describe the nature of the goods and
align the description with the Nice Classification, Tenth edition, version
2013.
017 Adhesive elastomeric tape for placement onto motorcycles,
all-terrain vehicles, and bicycles to prevent riders from slipping
On
1-1-13, the 08-16-2007 entry was modified by deleting “appliques,” inserting
“Adhesive” and “tape,” and transferred to Class 17 to more precisely describe
the nature of the goods and align the description with the Nice
Classification, Tenth edition, version 2013.
016 Adhesive labels
These are paper labels. Plastic
adhesive labels are in 20.
016 Adhesive notepads
On 05-30-2013, the 07-20-2004
entry was amended to replace “note pads” with “notepads” in order to make the
spelling of the term consistent among Manual entries and to provide more
uniform search results.
020 Adhesive patches for repairing interior window blinds
Adhesive patches for repairing other goods are generally classified in
the same class as the items that are being repaired because once the patch
adheres to the goods, it becomes part of those goods. The exception to this
generally rule is adhesive patches for decorating or repairing textile
articles. Those goods are in Class 26. On 10-25-12, the 10-11-12 entry was
modified by deleting the wording “Acrylic” to make the entry applicable to a
wider variety of applicants.
006 Adhesive patches for repairing metal window shutters
Adhesive patches for repairing other goods are generally classified in
the same class as the items that are being repaired because once the patch
adheres to the goods, it becomes part of those goods. The exception to this
general rule is adhesive patches for decorating or repairing textile articles.
Those goods are in Class 26. On 10-25-12, the 10-11-12 entry was modified by
deleting the wording “Acrylic” to make the entry applicable to a wider variety
of applicants.
019 Adhesive patches for repairing non-metal window
shutters
Adhesive patches for repairing other goods are generally
classified in the same class as the items that are being repaired because once
the patch adheres to the goods, it becomes part of those goods. The exception
to this generally rule is adhesive patches for decorating or repairing textile
articles. Those goods are in Class 26. On 10-25-12, the 10-11-12 entry was
modified by deleting the wording “Acrylic” to make the entry applicable to a
wider variety of applicants.
016 Adhesive plastic film for wrapping and packaging
Plastic films are generally classified according to function or purpose of the
goods: Class 16 for “wrapping or packaging” purposes, and Class 17 for
“packing” or non-wrapping purposes, as well as plastics in extruded form for
use in further manufacture. The identification should indicate the purpose of
the goods for proper classification.
017 Adhesive plastic film for industrial and commercial
use
On 07-18-2013, this 12-17-2009 entry was deleted because it is
broad enough to encompass goods in Class 16. Plastic films and sheets are
generally classified according to function or purpose of the goods: Class 16
for “wrapping or packaging” purposes, and Class 17 for “packing” or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture. The identification should indicate the purpose of the goods for
proper classification.
001 Adhesives for {indicate specific industry or indicate for
general industrial use, if accurate}
6-11-09 - Note that there are
adhesives that are specialized for fields other than industrial, i.e.,
manufacturing, that are in other classes, e.g. medical adhesives in 5 or 10
depending on the specific nature, construction adhesives in 19, etc. Please
consult the “adhesive” entries in the Manual for exceptions to the industrial
adhesives in Class 1. 01-17-2013: The Manual Note inserted on 6-11-2009
contains an error. Construction industry adhesives are in Class 1 - not Class
19, as indicated above. This fill-in-the-blank entry is intended for use by
applicants who would like to specify a particular industrial use for the
adhesives sold under the applied-for trademark. However, not all adhesives are
for industrial use. Medical adhesives for binding wounds are in Class 5, for
example, and Adhesives for cosmetic use are in Class 3.
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 adhesives 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 repairing 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.
001 Adhesives, other than for stationery or household
purposes
On 01-01-2016, this 07-20-2004 entry was deleted because it
is indefinite and overly broad under Nice 10-2016; the purpose of the goods is
unclear as written. Adhesives for industrial purposes are classified in Class
1. Certain specialized adhesives that are not used for stationery or
household purposes are classified in classes other than Class 1, e.g., dental
adhesives, in Class 5, and adhesives for cosmetic use, in Class 3. Please
consult the Manual for examples of adhesives in other classes.
016 Adhesive-backed cast PVC film for wrapping commercial
vehicles for advertising or other promotional purposes
On 02-27-2014,
this 01-01-2005 entry was transferred from Class 17 to Class 16 because
plastic films are generally classified according to function or purpose: Class
16 for “wrapping and packaging“ purposes, and Class 17 for “packing“ or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture.
017 Adhesive-coated plastic sheets
On 08-15-2013,
this 07-20-2004 entry was deleted because it is broad enough to encompass
goods in Class 16. Plastic films and sheets are generally classified
according to function or purpose of the goods: Class 16 for “wrapping or
packaging” purposes, and Class 17 for “packing” or non-wrapping purposes, as
well as plastics in extruded form for use in further manufacture.
013 Adjusting knobs for gun sights [not optical or
telescopic]
09-30-10 Although these goods are referred to as “knobs”
in the ID, these goods are functionally different from door knobs or cabinet
knobs on which users would pull to cause the door or cabinet to open.
Therefore, these goods are classified according to the function or purpose
rather than material composition (door knobs and cabinet knobs are classified
according to material composition under the Nice Agreement). 10-21-10 The
wording “[not optical or telescopic]”was added to the 4-2-1991 entry
“Adjusting knobs for gun sights” to avoid confusion with telescopic gun sights
in Class 9.
035 Administering a chocolate club by means of selecting
chocolate based on consumer expectations and arranging periodic shipment to
club members
10-03-2013: Entry status changed from “A” added to “X”
example.
036 Administering monetary charitable contributions for
{indicate purpose of the activities and/or recipients of contributions}
10-03-2013: Entry status changed from “A” added to “X” example.
“Accepting and administering monetary charitable contributions” is acceptable
in Class 36. While the purpose of the activities and/or recipients of
contributions may be indicated, it is not required.
035 Administration of a discount program for enabling
participants to obtain discounts on goods and services through use of a
discount membership card
This service is only the business
administration of a discount card program - it does not involve payment of
money so it is in 35, not 36.
036 Administration of employee welfare benefit plans
concerning insurance and finance
1-28-10 - The 6-1-01 entry was
modified to add “concerning insurance and finance” in order to avoid confusion
with administration of other benefit plans like fitness club memberships the
administration of which would be in 35.
036 Administration of employee benefit plans concerning
insurance and finance
Modified to add “concerning insurance and
finance” in order to avoid confusion with administration of other benefit
plans like fitness club memberships the administration of which would be in
35.
035 Administration of employee benefit plans concerning
{indicate type of employee benefit plan, other than insurance or finance
plans, e.g., child care, parking, etc.}
Administration of employee
benefit plans, other than plans concerning insurance and finance, is
classified in Class 35 because the services involve only the organizing and
coordination of business functions.
035 Administration of employee benefit plans concerning
fitness club memberships
Administration of employee benefit plans
concerning insurance and finance is in Class 36.
035 Administration of public housing programs
Administration of public housing programs encompasses business administration
and management activities, such as processing applications, updating waiting
lists, screening and verifying applicants, among other things.
035 Administrative processing of energy utility customer
rebates for utility companies
On 01-01-2016, this 10-23-2008 entry
was modified from “Processing energy utility customer rebates for utility
companies” to “Administrative processing of energy utility customer rebates
for utility companies” to make clear the nature of the activity and the
justification for classification in Class 35 as a business service. Services
that involve the transfer of funds are classified in Class 36. For example,
providing rebates for credit card users as part of a loyalty program is
classified in Class 36 as a financial service because it involves the payment
of money.
035 Administrative processing of manufacturer's rebates
On 01-01-2016, this 06-01-2001 entry was modified from “Processing
manufacturer’s rebates” to “Administrative processing of manufacturer’s
rebates” to make clear the nature of the activity and the justification for
classification in Class 35 as a business service. Services that involve the
transfer of funds are classified in Class 36. For example, providing rebates
for credit card users as part of a loyalty program is classified in Class 36
as a financial service because it involves the payment of money.
035 Administrative processing of manufacturer's coupons
On 01-01-2016, this 06-01-2001 entry was modified from “Processing
manufacturer’s coupons” to “Administrative processing of manufacturer’s
coupons” to make clear the nature of the activity and the justification for
classification in Class 35 as a business service.
045 Adoption agencies
This entry was transferred from
Class 42 to Class 45 due to the restructuring of 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 of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
041 Adult entertainment services, namely, gentlemen's clubs
featuring exotic dancing
“Exotic dancing services” is an acceptable
entry; further specification of the venue is acceptable, but it is not
required.
025 Adult novelty gag clothing item, namely, socks
09-26-2013: Entry status changed from “A” added to “X” example.
010 Adult sexual stimulation aids, namely, {indicate type,
e.g., artificial 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. 01-01-2015 Pursuant to
the addition of “sex toys” in Class 10 of the Nice Classification, Tenth
edition, version 2015, effective 01-01-2015, further specification of the
particular form or nature of the goods by its generic name is acceptable, but
it is not required. Under NCL 10-2015, the designation, “sex toys” in Class
10 may encompass apparatus that function for direct stimulation, as well as
goods that do not function for direct stimulation, e.g., handcuffs.
035 Advertisement hoarding rental
“Hoarding” is a
large board used for displaying advertising posters, as by the road.
035 Advertising agencies providing the strategy, design and
execution of programs to promote businesses in the food and foodservice
industries
06-23-11: Deleted the 11-01-2007 entry and replaced it
with “Advertising agencies specializing in {indicate specialty advertising
activities in Class 35, e.g., marketing strategies to promote business in the
food service industry, design of word of mouth, viral, buzz and experiential
marketing program, etc.}.” On 07-04-2013, the status of this entry was changed
from “D”-Deleted to “X”-Example.
035 Advertising agency services
On 01-01-2016, this
04-02-1991 entry was amended from “Advertising agencies” to “Advertising
agency services” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
035 Advertising and advertisement services
On
05-26-2011, this 07-20-2004 entry was deleted because it is covered by an
existing Manual entry, “Advertising services.” On 07-04-2013, the status of
this acceptable entry was changed from “D”-Deleted to “A”-Added; the effective
date of 07-20-2004 was restored.
035 Advertising and business advice relating to telematics'
services
On 05-26-2011, this 07-20-2004 entry was deleted because it
is too specific to provide guidance to a broad range of customers. On
07-04-2013, the status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Advertising and business services, namely, providing an
online website where advertisers, marketers, and content providers can
interact with users for advertising, branding, and promoting knowledge,
products, and services, and tradeshows, on behalf of themselves and others,
and for evaluating and rating the same, all the foregoing relevant to human
activities affecting climate change and related fields
On 5-26-2011,
this 5-28-2009 entry was deleted because it is too specific to be helpful to a
broad range of customers.
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 retail-type
activity. In the context of the language of this ID, marketing refers to
promoting or advertising the goods and services of others. While a retail
service would also be in Class 35, the nature and purpose of that type of
service is very different from an advertising type of service.
035 Advertising and promotion services and related
consulting
This refers to a combined item - not two separate items.
The term “promotion” cannot be used by itself. The promotion services must be
linked with the advertising services.
035 Advertising and promotional services
08-15-11
This identification should be used as an entire phrase. While the term
“Advertising services” would be acceptable by itself, “promotional services”
is too broad because it could include a variety of promotional activities.
For example, “promotional services” could refer to association services,
namely, the activity of promoting the interests of a particular group, or the
activity of promoting public awareness of a particular topic. Therefore,
because the term is too broad, the phrase “promotional services” must either
be used with the advertising services or have wording that clarifies the
nature of the promotional activity.
035 Advertising business especially in the field of telematic
and telephone networks
On 05-26-2011, this 7-20-2004 entry was
deleted because it is too specific to provide guidance to a broad range of
customers. On 07-04-2013, the status of this acceptable entry was changed
from “D”-Deleted to “X”-Example.
035 Advertising flyer distribution
On 11-3-2011, this
9-1-2004 entry was deleted because it is not clear that the services are for
others.
035 Advertising particularly services for the promotion of
goods
On 05-26-2011, this 7-20-2004 entry was deleted because it is
covered by an existing Manual entry, “Advertising and promotional services.”
On 07-04-2013, the status of this acceptable entry was changed from
“D”-Deleted to “X”-Example.
035 Advertising relating to transport and delivery
On
05-26-2011, this 3-11-2010 entry was deleted because it is covered by an
existing Manual entry for “Advertising services.” On 07-04-2013, the status of
this acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Advertising services in the field of {specify field, e.g.,
clothing, pharmaceuticals, etc.}
Advertising services is an
acceptable identification in Class 35. Further specification of the particular
field of advertising is permissible, but not required.
035 Advertising services, namely, promoting the sandwiches of
others
On 07-04-2013, the status of this entry was changed from
“A”-Added to “X”-Example.
035 Advertising services, namely, promoting the books of
others in the field of law by means of news and reviews regarding same
01-16-2014: Entry status changed from “A” added to “X” example.
035 Advertising services, namely, providing a website for the
promotion of the books of others in the field of law, including news and
reviews regarding same
On 5-26-2011, this 11-27-2008 entry was
deleted because it is similar to another existing Manual entry. 10-03-2013:
Acceptable entry status changed from “D” deleted to “X” example.
035 Advertising services relating to sandwiches
On
05-26-2011, this 01-17-2008 entry was deleted because it is so similar to an
existing Manual entry, “Advertising services, namely, promoting the sandwiches
of others.” On 07-04-2013, the status of this acceptable entry was changed
from “D”-Deleted to “X”-Example.
035 Advertising services, public relations and marketing
services, namely, promoting and marketing the goods and services of others
through all public communication means
On 05-26-2011, this 07-12-2007
entry was deleted because it is so similar to existing Manual entry of
“Advertising services, namely, promoting and marketing the goods and services
of others through all communication means.” On 07-04-2013, the status of this
acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Advertising services, for third parties, in connection
with the commercialization and sale of perfumery and cosmetic articles,
products for household purposes, optical products, clocks and timepieces,
jewellery, furnishing articles
On 05-26-2011, this 07-20-2004 entry
was deleted because it is too specific to provide helpful guidance to a broad
range of customers. On 07-04-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
035 Advertising services, namely, promoting and marketing the
goods and services of others in the field of {specify field, e.g., cultural
events, restaurants, shopping, travel, etc.} via print and electronic
media
On 5-26-2011, this 3-6-2008 entry was amended from “Advertising
services namely, promoting and marketing the goods and services of others in
the field of upscale choices such as cultural events, restaurants, shopping,
and travel via print and electronic media” to a fill-in-the blank entry
035 Advertising services, namely, creating promotional murals
advertising the goods and services of others
Deleted “and painting
signs and walls” from the 05-13-2010 entry because “Sign painting” is in the
Manual in Class 37 and therefore, this wording may cause confusion. This
activity of “creating promotional murals” involves selection of the colors,
designs, stylized wording, or other visual elements, for the mural to
advertise and promote goods and services of others.
035 Advertising services, namely, creating corporate logos for
others
04-07-2011: This activity involves the selection of colors,
designs, stylized wording, or other visual elements, to represent a business
in the marketplace. It does not include graphic design services in Class
42.
016 Advertising signs of paper or cardboard
On
02-09-2012, this 07-20-2004 entry was deleted from the Manual. While this
wording is still acceptable, it is covered by two new entries “Advertising
signs of paper” and “Advertising signs of cardboard,” which are both in Class
16.
035 Advertising the services of others via web pages optimized
for online search engines
On 5-26-2011, this 10-14-2010 entry was
deleted because it is awkwardly worded.
035 Advertising via electronic media and specifically the
internet
On 05-26-2011, this 07-20-2004 entry was deleted because it
is covered by an existing Manual entry, “Advertising services.” 07-04-2013:
The status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
035 Advertising, including on-line advertising on a computer
network
On 05-26-2011, this 06-18-2009 entry was deleted because it
is covered by the following Manual entries, “Advertising services” and “Online
advertising via a computer communications network.” 07-04-2013: The status of
this acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Advertising, including promotion relating to the sale of
articles and services for third parties by the transmission of advertising
material and the dissemination of advertising messages on computer
networks
On 05-26-2011, this 07-20-2004 entry was deleted because it
is too specific to provide helpful guidance to a broad range of customers.
07-04-2013: The status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Advertising, marketing and promotion services
This refers to a combined item “ not three separate items. The term
marketing“ and “promotion“ services cannot be used by themselves. Marketing
services by themselves can refer to a retail-type activity. In the context of
the language of this ID, marketing refers to promoting or advertising the
goods and services of others. While a retail service would be in Class 35,
the nature and purpose of that type of service is very different from an
advertising type of service. The promotion services must also be linked with
the marketing and/or advertising services. 1-1-2012 “Marketing services” was
added to the Manual as a separate entry pursuant to the 10th Edition of the
Nice Agreement. When listed by itself, an identification for “marketing”
should include the term “services.” This entry refers to the promoting of the
goods and services of others.
035 Advertising, marketing and promotional services related to
all industries for the purpose of facilitating networking and socializing
opportunities for business purposes
On 12-10-2015, the status of this
03-27-2008 entry was changed from “A”-Added to “X”-Example. Advertising,
marketing and promotional services is acceptable wording; further
specification of the field or industries to which the services relate is also
acceptable, but it is not required.
035 Advertising, marketing and promotional services for
automotive dealerships
On 05-26-2011, this 09-27-2007 entry was
deleted and replaced with a fill-in-the-blank entry for the specific field of
the advertising, marketing and promotional services. 07-04-2013: The status
of this acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Advertising, marketing and promotional services for light
and heavy equipment dealerships
On 05-26-2011, this 10-23-2008 entry
was deleted and replaced with a fill-in-the-blank entry for the specific field
of the advertising, marketing and promotional services. 07-04-2013: The
status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
035 Advertising, marketing and promotion services, namely,
promoting the goods and services of others by providing customized
exhibits
11-17-2011: While this wording is still acceptable, the
08-19-2010 entry is being deleted from the Manual because it is covered by the
existing entry “Advertising and marketing services, namely, promoting the
goods and services of others” in Class 35 and the new entry “Advertising,
marketing, and promoting the goods and services of others via {specify type of
promotional activity, e.g., billboards, promotional exhibitions, etc.}” in
Class 35. 07-04-2013: The status of this acceptable entry was changed from
“D”-Deleted to “X”-Example.
035 Advisory service for organizational issues and business
administration, with and without the help of electronic databases
On
5-23-2013, the 7-20-2004 entry was modified to replace “data bases” with
“databases” in order to make the spelling of the wording consistent among
Manual entries and to provide more uniform search results.
044 Advisory services in the fields of irrigation and
fertilization, namely, fertilization via irrigation
01-16-2014: Entry
status changed from “A” added to “X” example.
036 Advisory services in the field of employee benefits for
group healthcare and business insurance offered to employees in addition to
standard benefits such as medical, dental, life insurance including short term
disability, long term disability, cancer insurance, accidental death and
dismemberment
10-03-2013: Entry status changed from “A” added to “X”
example. 11-28-2013: Administration of employee benefit plans, other than
plans concerning insurance and finance, is classified in Class 35 because the
services involve only the organizing and coordination of business functions.
Providing advice or consultation regarding insurance or financial employee
benefit plans is in Class 36, the same class as providing or administration of
such plans.
007 Aerators [machines]
On 01-01-2014, this
10-01-2002 entry “Aerators [machines]” was deleted, pursuant to the deletion
of “Aerators” from the Nice Classification, Tenth edition, version 2014,
effective 1-1-14. This entry has been replaced with “Aerators being machines”
in Class 7.
009 Aerial combiners
Aerial combiners are electronic
devices that combine two signals as inputs and outputs them as a single
signal.
012 Aerial conveyors
These goods are in Class 12
because their primary purpose is transportation.
041 Aerial photography
These services were
transferred to Class 41 from Class 42 due to the restructuring 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 transferred to Class
41 as a result of the restructuring.
005 Aerosol dispensers for medical use sold filled with
{indicate specific pharmaceutical preparations, e.g., allergy medications,
hemostatic preparations, hair growth stimulants, etc.}
These goods
are sold filled with pharmaceuticals. If they are sold without pharmaceuticals
in them, they are classified in Class 10.
021 Aerosol dispensers not for medical use
These
goods are sold without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are in Class 5.
003 Aerosol spray for cleaning condenser coils of air filters
for air conditioning, heating and air filtration units
11-28-2013:
Entry status changed from “A” added to “X” example.
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.
041 After-hours night club services
After-hours night
clubs are entertainment clubs that remain open after the designated time for
serving alcohol and typically feature non-alcoholic drinks.
003 After-shave balms
7-30-09 This refers to
non-medicated after-shave balm. Since after-shave balm is most commonly sold
without medication, it is not necessary to include that language in the ID. It
should be noted that medicated after-shave balm is 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.
001 Agar
10-31-2013 - Agar is a type of carbohydrate
that is obtained from seaweed. This raw material is typically used for
industrial purposes.
001 Agar-agar
10-31-2013 - Agar-agar (also called
“agar”) is a type of carbohydrate that is obtained from seaweed. This raw
material is typically used for industrial purposes.
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 of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Agricultural advice, namely, providing recommendations for
plant and soil nutrition supplements
09-05-2013: Entry status changed
from “A” added to “X” example.
011 Air conditioning units for {indicate purpose, e.g., animal
houses, boats, campers, etc.}
Air conditioning units is acceptable
wording; further specification is acceptable, but it is not required.
005 Air deodorant
Note that deodorants for personal
use (use on the body of human or animal) are in Class 3
001 Air entraining agents
An air entraining agent is
an admixture for concrete.
007 Air filters for gear drives
Air filters for
mechanical purposes are in Class 7. Gear drives are mechanical devices for
altering the speed, torque, or direction of rotating shafts. Therefore, air
filters for gear drives are in Class 7.
005 Air freshener sprays
On 1-1-2012 this entry of
11-23-2006 was deleted from Class 5 pursuant to the deletion of “air
freshening preparations” from the 10th Edition of the Nice Agreement. The
phrase, “air freshening preparations,” is used in advertising literature to
refer to both “air fragrancing preparations” in Class 3 and “air deodorizing
preparations” in Class 5, which have distinctly different functions and are
classified in different classes.
005 Air fresheners
On 1-1-2012 this entry of 4-2-1991
was deleted from Class 5 pursuant to the deletion of “air freshening
preparations” from the 10th Edition of the Nice Agreement. The phrase, “air
freshening preparations,” is used in advertising literature to refer to both
“air fragrancing preparations” in Class 3 and “air deodorizing preparations”
in Class 5, which have distinctly different functions and are classified in
different classes.
005 Air fresheners and air freshening preparations
On
1-1-2012 this entry of 3-1-2006 was deleted from Class 5 pursuant to the
deletion of “air freshening preparations” from the 10th Edition of the Nice
Agreement. The phrase, “air freshening preparations,” is used in advertising
literature to refer to both “air fragrancing preparations” in Class 3 and “air
deodorizing preparations” in Class 5, which have distinctly different
functions and are classified in different classes.
005 Air freshening preparations
On 1-1-2012 this
entry of 3-1-2006 was deleted from Class 5 pursuant to the deletion of “air
freshening preparations” from the 10th Edition of the Nice Agreement. The
phrase, “air freshening preparations,” is used in advertising literature to
refer to both “air fragrancing preparations” in Class 3 and “air deodorizing
preparations” in Class 5, which have distinctly different functions and are
classified in different classes.
028 Air mattress swimming floats for recreational use
On 10-23-2014, the 04-02-1991 entry was amended from “Air mattresses for
recreational use” to “Air mattress swimming floats for recreational use” to
make clear the nature of the goods and the justification for classifying them
in Class 28.
012 Air pumps for automobiles
This 7-20-04 entry was
modified to change “of” to “for.”
012 Air pumps for two-wheeled motor vehicles or bicycles
This 7-20-04 entry was modified to change “of” to “for.”
039 Air transportation services featuring a frequent flyer
bonus program
10-24-2013: Entry status changed from “A” added to “X”
example.
011 Air valves for steam heating installations
Class
11 includes valves for plumbing and heating and cooling installations
regardless of material composition. If not for these purposes, note that
manually operated metal valves are in Class 6; valves being machine parts and
engine valves 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 operated valves are in Class 20.
011 Air washers
An air washer is a device used to
clean air while increasing or lowering its humidity.
007 Aircraft engine parts, namely, {specify particular parts,
e.g., coils, manifolds, particulate filters, etc.}
Although engine
parts are generally in Class 7, hoses for engines are in Class 17 because
“flexible tubes, not of metal” appears in the Alphabetical List in Class
17.
037 Aircraft equipment repair services, namely, the repair and
refurbishing of emergency medical kits, defibrillators and survival kits
07-04-2013: Status changed from “A” - Added to “X” - example.
009 Aircraft test boxes for testing {specify system or
component, e.g., power supply, electrical system, etc.}
These
electronic goods test various electronic-based systems in an aircraft.
012 Airplanes and structural parts therefor
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
039 Airport baggage check-in services [not including security
inspection]
Amended from Class 35 to be consistent with other entries
in the ID Manual.
013 Airsoft guns not for recreational use
2-11-2010 -
The 11-02-06 entry was changed to add “not for recreational use.” If the
airsoft guns are for recreational use, they are in Class 28 as are the paint
ball guns. 11-17-2016 - Added the omitted term “airsoft” before “guns” in the
previous sentence.
009 Air-fuel ratio controllers for internal combustion
engines
These devices use microprocessors to control the ratio of air
and fuel for engines of all types, including those for land vehicles. As such
goods are microprocessor-based rather than mechanical devices, they are in
Class 9.
029 Ajvar (preserved peppers)
On 9-6-2012, this
1-13-2011 entry was amended to replace the brackets with parentheses.
045 Alarm response and verification services
This
entry was transferred from Class 42 to Class 45 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
025 Albs
04-30-2015: An alb is a long white linen
vestment with sleeves worn by priests and others.
029 Albumen for culinary purposes
On 1-12-2012 the
9-20-2007 entry “Albumen for food” was amended to “Albumen for culinary
purposes” to clarify the purpose and nature of the goods, pursuant to the 10th
Edition of the Nice Agreement. “Albumen” is the white of an egg.
001 Albumin for use in the manufacture of {indicate general
nature of item or indicate for a wide variety of goods, if accurate}
1-1-2012 This entry of 11-1-2001 has been amended to change the spelling of
“albumen” to “albumin” pursuant to the 10th Edition of the Nice Agreement.
“Albumen” is the white of an egg used for culinary purposes. “Albumin” is a
raw material in the nature of heat-coagulable, water-soluble proteins that
occur in blood plasma or serum, muscle, the whites of eggs, milk, and other
animal substances and in many plant tissues and fluids.
029 Albumin milk
This is a milk that it is richer in
protein and lower in fat than ordinary milk. It is supposed to be better
tolerated by those with digestive disorders.
040 Alcohol distillery services
On 01-17-2013, this
note was added to make clear that this distillery service must be done for
others to constitute a service. Distilling one's own alcohol for later retail
distribution is not a service under the Trademark Act.
033 Alcoholic cocktail mixes, namely, {indicate nature of
cocktails, e.g., margarita, daiquiri, mojito, etc.} mixes
These goods
feature alcohol as a component of the mixture. Non-alcoholic cocktail mixes
are in Class 32. On 11-20-2014, this 02-10-2011 fill-in-the blank entry was
deleted because it caused confusion and applicants mistakenly indicated goods
classified in other classes. Note that the entry for “alcoholic cocktail
mixes” remains an acceptable identification in Class 33.
033 Alcoholic cordials
On 06-12-2011, the 04-02-1991
entry was revised to add the word “alcoholic” in order to differentiate
between the alcoholic and non-alcoholic types of cordials
033 Alcoholic fruit beverages
On 04-02-2015, the
07-20-2004 entry, “Alcoholic beverages of fruit” was amended to “Alcoholic
fruit beverages” to match the TM5 approved entry.
009 Alcoholmeters
Alcoholmeters measure the alcohol
content in distilled spirits. Alcoholmeters are classified as measuring
apparatus in Class 9. Alcohol breath testing units are classified in Class
10.
032 Ales
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
029 Alginates for culinary purposes [food additives for
non-industrial use]
On 02-02-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
001 Alginates for industrial purposes [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
001 Alginates for the food industry [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
030 Alimentary paste (pastas and noodles)
7-8-10
Added parenthetical reference to pastas and noodles.
029 All natural meats, namely, {specify type of meat, e.g.,
pork, lamb, buffalo, etc.}
“All natural meats” is an acceptable
identification; further specification is acceptable, but it is not
required.
018 All purpose sport bags
Note that bags that are
fitted to carry a particular item are classified with the 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.
014 Alloys of precious metal
Alloys of common metal
are in Class 6.
018 All-purpose athletic bags
Note that bags that are
fitted to carry a particular item are classified with the 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 the 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 All-purpose leather straps
09-19-2013 - Straps
are generally classified according to the function or purpose of the goods.
However, straps for securing items and general purpose straps are classified
in Classes 6, 18, or 22 only, and the classification depends on the material
composition of the goods. Classes 6, 18, and 22 cover straps comprised of
metal, leather, and non-metal, non-leather materials, respectively. Straps
with functions that are not covered by the Class Headings are also classified
in Classes 6, 18, or 22 only according to material composition.
006 All-purpose metal straps
09-19-2013 - Straps are
generally classified according to the function or purpose of the goods.
However, straps for securing items and general purpose straps are classified
in Classes 6, 18, or 22 only, and the classification depends on the material
composition of the goods. Classes 6, 18, and 22 cover straps comprised of
metal, leather, and non-metal, non-leather materials, respectively. Straps
with functions that are not covered by the Class Headings are also classified
in Classes 6, 18, or 22 only according to material composition.
022 All-purpose nylon straps featuring hook and loop
fasteners
On 09-13-12, the 1-6-2011 entry was modified by inserting
“nylon” to make clear the justification for classifying these goods in Class
22. Straps are generally classified according to the function or purpose of
the goods. However, straps for securing items and general purpose straps are
classified in Classes 6, 18, or 22 depending on the material composition of
the goods. Straps with functions that are not covered by the Class Headings
are also classified in Classes 6, 18, or 22 according to material
composition.
022 All-purpose nylon straps
On 09-13-12, the
04-02-1991 entry was modified by inserting “nylon” to make clear the
justification for classifying these goods in Class 22. Straps are generally
classified according to the function or purpose of the goods. However, straps
for securing items and general purpose straps are classified in Classes 6, 18,
or 22 depending on the material composition of the goods. Straps with
functions that are not covered by the Class Headings are also classified in
Classes 6, 18, or 22 according to material composition.
022 All-purpose straps comprised of synthetic textile
materials [excluding artificial leather]
09-19-2013 - Straps are
generally classified according to the function or purpose of the goods.
However, straps for securing items and general purpose straps are classified
in Classes 6, 18, or 22 only, and the classification depends on the material
composition of the goods. Classes 6, 18, and 22 cover straps comprised of
metal, leather, and non-metal, non-leather materials, respectively. Straps
with functions that are not covered by the Class Headings are also classified
in Classes 6, 18, or 22 only according to material composition.
012 All-terrain wheelchairs for {indicate particular use,
e.g., use in the sand, use at the beach, etc.}
All-terrain
wheelchairs is acceptable wording; further specification is acceptable, but it
is not required.
016 Almanachs
This 7-20-04 entry was deleted because
it is already covered by the entry “Almanacs.”
005 Almond oil for the treatment of {indicate specific disease
or condition}
9/25/08 - {indicate specific disease or condition} was
added to the language of the identification. Because of this addition, its
previous “T” notation was deleted.
005 Almond oils for the treatment of {indicate specific
disease or condition}
9/25/08 - {indicate specific disease or
condition} was added to the language of the identification. Because of this
addition, its previous “T” notation was deleted.
035 Alpaca fiber evaluation
1-1-2012 This entry of
11-26-2009 has been deleted pursuant to the 10th Edition of the Nice Agreement
and has been replaced with the entries “financial evaluation of alpaca fiber”
in Class 36, and “Quality evaluation of alpaca fiber” in Class 42.
040 Alteration and retouching of {indicate type of visual
material, e.g., photographic images, artwork, paintings, etc.}
This
is physical alteration and retouching of photographs, not a digital or
computerized process.
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 youth sports activities
7-24-08 “and managing” was deleted
from the entry because managing is a Class 35 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, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
028 Amusement apparatus adapted for use with television
receivers only
These goods are classified in Class 28 under the 10th
Edition of the Nice Agreement.
009 Amusement apparatus adapted for use with television
receivers only
This entry of 11-8-2007 was deleted because under the
10th Edition of the Nice Agreement, “Amusement apparatus adapted for use with
an external display screen or monitor” has been deleted. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
028 Amusement apparatus adapted for use with an external
display screen or monitor
On 1-1-2012, this entry of 5-10-2007 was
transferred from Class 9 in accordance with 10th Edition of Nice Agreement.
Under the 10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading.
009 Amusement apparatus for use with a television screen
This entry of 10-14-2010 was deleted because under the 10th Edition of
the Nice Agreement, “Amusement apparatus adapted for use with an external
display screen or monitor” has been deleted. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
009 Amusement apparatus and games adapted for use with
television receivers or with video or computer monitors
1-1-2012 This
entry of 6-18-2009 was deleted because under the 10th Edition of the Nice
Agreement, “Amusement apparatus adapted for use with an external display
screen or monitor” has been deleted. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
028 Amusement machines, namely, hand-held electronic game
units adapted for use with an external display screen or monitor
On
1-1-2012 this entry of 9-3-2009 was transferred from Class 9 in accordance
with the 10th Edition of Nice Agreement. Under the 10th Edition, all game
apparatus are in Class 28 because “Games and playthings” are in the Class 28
Heading.
041 Amusement park services
On 01-01-2016, this
04-02-1991 entry was amended from “Amusement parks” to “Amusement park
services” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
005 Analeptics
Analeptics are pharmaceutical
preparations that are used to stimulate the central nervous system.
045 Analysis of data, policy and process, and provision of
business management advice and assistance to ensure compliance with public
sector procurement laws and regulations
On 4-21-11, this 2-09-2007
entry was deleted because the inclusion of the “provision of business
management advice and assistance” is confusing, because it is a Class 35
service.
035 Analyzing and compiling business data for {indicate
purpose, e.g., market research purposes, determining the perceived image of a
product, etc.}
Analyzing and compiling business data is an acceptable
identification; further specification of the purpose of the activities is
acceptable, but it is not required.
041 Analyzing educational tests scores and data for others
These services were transferred to Class 41 from Class 42 due to the
restructuring 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 to Class as a result of the restructuring.
041 Analyzing of educational test scores and data for
others
8-25-2011 - This identification is acceptable, however, it was
deleted because the service is already covered by a virtually identical entry.
07/25/2013: Acceptable entry status changed from “D” deleted to “X”
example.
010 Anatomic pathology specimen collection kit comprising
glass slides, centrifuge tubes, formalin jars, coplin jars, insert to hold
slides and jars, absorbent cloth, and instructions, all for medical use
07-04-2013: Status changed from “A” - Added to “X” - example.
044 Animal breeding
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
018 Animal carriers [bags]
On 11-17-2011 the 4-2-1991
entry “animal carriers” was amended to “animal carriers [bags]”
018 Animal clothing for {specify type of animal, e.g., pigs,
dogs, etc.}, namely, {indicate specific item, e.g., shirts, skirts, scarves,
etc.}
“Pet clothing” is an acceptable identification; further
specification is acceptable, but it is not required. On 02-12-2015, the
10-09-2014 entry was modified to replace “Pet” with “Animal” in order to
broaden the identification. “Clothing for animals” is an acceptable
identification; further specification is acceptable, but it is not
required.
045 Animal cremation [funerary services]
06-18-2009
This refers to the memorial or religious service. 11-19-2009 - The 09-18-2009
trilateral entry was deleted because this item has proved to be confusing with
actual cremation services in Class 40. The indication of “funerary services”
in brackets has not helped applicants understand the service and it has caused
confusion both inside and outside of the USPTO.
031 Animal feed additives for nonnutritional purposes for use
as ingredient or filler
1-1-2012 The 1-1-2006 entry has been deleted
because it is no longer acceptable under the 10th Edition of the Nice
Agreement. Food additives for culinary purpose are classified in Classes 29-33
depending on the nature and purpose of the goods. Food additives for use in
the food industry are in Class 1. This entry is being replaced by “Nutritional
additives for use in manufacturing animal feed” in Class 1.
018 Animal game bags
Note that bags that are fitted
to carry a particular item are classified with the 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 of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
018 Animal harnesses for {specify type of animal, e.g.,
horses, dogs, etc.}
“Animal harnesses” is an acceptable
identification; further specification is acceptable, but it is not required.
Harnesses for people are classified in other classes depending upon the
function of the goods. Please consult the Manual for examples of harnesses
which are classified in other classes. For example, “Bicycle training
harnesses” is an acceptable identification in Class 12. “Harness for
sailboards” is an acceptable identification in Class 28.
044 Animal husbandry
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
039 Animal rescue services
09-29-2011: Deleted the
05-01-2003 entry because it is overbroad and includes services in multiple
classes, and replaced it with new entries in Classes 39, 43, and 45.
028 Ankle and wrist weights for exercise
11-10-2011:
While this wording is still acceptable, the 04-02-1991 entry is being deleted
from the Manual because it is covered by the existing entry “Exercise weights”
in Class 28. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
026 Ankle garters
4-22-10 - The 6-1-01 entry was
transferred from Class 25 because it is analogous to the entry “expanding
bands for holding sleeves” that is in the Manual in Class 26.
021 Ant habitats
This entry was transferred from
Class 16 to Class 21 pursuant to the 9th edition of Nice Agreement.
021 Ant vivaria
This entry was transferred from Class
16 to Class 21 pursuant to the 9th edition of Nice Agreement.
009 Antenna filters
On 5-17-12 this 7-20-04 entry was
changed to read “antenna” instead of “antennae.”
009 Antennae
This 11-08-07 entry was deleted because
it is already covered by the existing entry “Antennas.”
001 Anthranilic acid
On 04-02-2015, the 07-20-2004
entry, “Antranilic acid (anthranilic acid)” was amended to “Anthranilic acid”
to match the TM5 approved entry.
001 Anthranilic acid
On 03-03-2016, the 12-24-2015
entry was deleted because it is a duplicate of an existing modified entry in
Class 1, Term ID 001-542.
005 Antiarrhythmic agents
Antiarrhythmic agents are
preparations used to treat, prevent, or relieve cardiac arrhythmia.
005 Antimicrobial additive for compounds used in the
manufacture of garden hoses
03-28-2013 - Antimicrobial preparations
are substances that destroy or suppress the growth of organisms and
microorganisms. These finished products are classified in Class 5 because they
function as “biocides,” which are in the Nice Alphabetical List in Class 5.
Although chemical additives for use in manufacturing are generally in Class 1,
the antimicrobial nature of the additive controls the classification.
005 Antimicrobial clays
03-28-2013 - Antimicrobial
clays are natural remedies for infected wounds, indigestion, and other health
problems. Antimicrobial clays are administered either by applying the clay to
the skin or ingesting it.
005 Antimicrobial coatings to treat the growth of mold,
mildew, bacteria 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
005 Antimicrobial preparations for inhibiting microbiological
decomposition in food, beverages, animal feed and pharmaceuticals
03-28-2013 - Antimicrobial preparations are substances that destroy or
suppress the growth of organisms and microorganisms. These finished products
are classified in Class 5 because they function as “biocides,” which are in
the Nice Alphabetical List in Class 5.
005 Antimicrobial preparations for preventing {indicate, e.g.,
mold, mildew, bacteria, etc.}
Antimicrobial preparations are
substances that destroy or suppress the growth of organisms and
microorganisms. These finished products are classified in Class 5 because they
function as Biocides, which are in the Nice Alphabetical List in Class 5.
Although chemical preparations for preventing the growth of organisms are
generally classified in Class 1, the biocidal nature of the preparation
controls the classification.
005 Antimicrobial preparations for inhibiting {indicate, e.g.,
mold, mildew, bacteria, etc.}
Antimicrobial preparations are
substances that destroy or suppress the growth of organisms and
microorganisms. These finished products are classified in Class 5 because they
function as Biocides, which are in the Nice Alphabetical List in Class 5.
005 Antimicrobial preparations for treating {indicate, e.g.,
mold, mildew, bacteria, etc.}
Antimicrobial preparations are
substances that destroy or suppress the growth of organisms and
microorganisms. These finished products are classified in Class 5 because they
function as Biocides, which are in the Nice Alphabetical List in Class 5.
005 Antimicrobial preservatives for cosmetics and
pharmaceuticals
03-28-2013 - Antimicrobial preparations are
substances that destroy or suppress the growth of organisms and
microorganisms. These finished products are classified in Class 5 because they
function as “biocides,” which are in the Nice Alphabetical List in Class
5.
005 Antimicrobial solutions for use in meat processing at
slaughterhouses and meat packaging facilities
03-28-2013 -
Antimicrobial preparations are substances that destroy or suppress the growth
of organisms and microorganisms. These finished products are classified in
Class 5 because they function as “biocides,” which are in the Nice
Alphabetical List in Class 5.
005 Antimicrobials for dermatologic use
03-28-2013 -
Antimicrobial preparations are substances that destroy or suppress the growth
of organisms and microorganisms. These finished products are classified in
Class 5 because they function as “biocides,” which are in the Nice
Alphabetical List in Class 5.
005 Antioxidant enriched coffee for medical purposes
On 01-01-2016, this 01-27-2011 entry was modified to add “for medical
purposes” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
001 Antioxidants and proteins used in the manufacture of
cosmetics, beverages, food products and food supplements
On
2-27-2014, the status of this 08-09-2007 entry was changed from “A” to “X” to
indicate that it is an example of acceptable wording under current USPTO
policy
001 Antioxidants for use in the manufacture of {indicate
general nature of item, e.g., cosmetics, beverages, food products and food
supplements, etc., or indicate for a wide variety of goods, if accurate}
01-01-2016: Status of entry changed from “A”-Added to “X”-Example.
Antioxidants for use in manufacture is acceptable wording; further
specification is acceptable, but is not required.
001 Antioxidants for use in the manufacture of food
supplements
Antioxidants for use in manufacture is acceptable
wording; further specification is acceptable, but it is not required.
001 Antioxidants for use in the manufacture of
pharmaceuticals
Antioxidants for use in manufacture is acceptable
wording; further specification is acceptable, but it is not required.
001 Antioxidants for use in the manufacture of cosmetics
Antioxidants for use in manufacture is acceptable wording; further
specification is acceptable, but it is not required.
003 Antiperspirants and deodorants for personal use
Note that household, room and other deodorants not used on the body are in
Class 5.
005 Antispasmodics
Antispasmodics are agents that
prevent or relieve muscle cramping, convulsions, or spasms.
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-cavity dental rinses
10-14-10 - Many dental
rinses have an anti-cavity property but they are not considered a medical
product in Class 5 unless the ID clearly indicates that the dental rinse is
medicated.
003 Anti-cavity mouth rinses
10-14-10 - Many mouth
rinses have an anti-cavity property but they are not considered a medical
product in Class 5 unless the ID clearly indicates that the mouth rinse is
medicated.
003 Anti-cavity mouthwashes
10-14-10 - This 10/7/10
entry was transferred from Class 5. Many mouthwashes have an anti-cavity
property but they are not considered a medical product in Class 5 unless the
ID clearly indicates that the mouthwash is medicated.
045 Anti-counterfeiting consulting in the fields of product
and document authentication and tracking, and brand monitoring and protection,
to protect against counterfeiting, tampering, and diversion, and to ensure the
integrity of genuine products and documents
On 08-09-2012, the
05-15-2008 entry was modified by deleting “Consulting services, namely,
consultation” inserting “Anti-counterfeiting consulting” to make clear the
subject matter of the consultation and the justification for classifying the
services in Class 45. Also, the “T” signifying that this entry is approved by
the USPTO's Trilateral Partners was removed because this entry does not appear
on the list of identifications accepted by each of the Partners.
001 Anti-creasing agents
Anti-creasing agents are
chemical agents for preventing textiles and fabrics from wrinkling.
017 Anti-dazzle films for windows [tinted films]
On
01-05-2012, this 01-01-2007 entry was deleted because it is ambiguous. It was
replaced by “Tinted plastic film for use on windows” in Class 17.
003 Anti-freckle creams
These refer to non-medicated
creams. Medicated creams are in Class 5.
005 Anti-leprotic agents
These goods are agents used
in the treatment of leprosy.
005 Anti-pathogen plant-protecting preparations
On
06-07-2012, the 07-20-2004 entry was deleted because it is misclassified.
Chemical preparations for killing pests are in Class 5, while chemical
preparations for preventing pests are in Class 1. This entry is being replaced
by a new entry “Chemical preparations for preventing pathogenic infections in
plants” in Class 1.
009 Anti-piracy software
Anti-piracy software is
software that is designed to prevent the illegal copying or use of software
programs.
005 Anti-rheumatism rings [jewelry adapted for medical
purposes]
Anti-rheumatism rings are finger rings adapted for medical
purposes and are in the Nice Alphabetical List in Class 5.
001 Anti-static preparations other than for household
purposes
Anti-static preparations are chemical preparations that have
anti-static properties.
003 Anti-static spray for clothing
Transferred from
Class 1 based on entry in the Nice Alphabetical List for “antistatic
preparations for household purposes” in Class 3
025 Anti-sweat underwear
On 01-08-2015, the status of
this entry was changed from “A” - Added to “X” - Example. Underwear is
acceptable wording; further specification is acceptable, but it is not
required.
005 Anti-syphilitics
These goods are agents used in
the treatment of syphilis.
009 Anti-theft locks specially adapted to personal electronic
devices, namely, {indicate specific personal electronic device, e.g., laptops,
PC tablets, etc.} [excluding gaming apparatus]
Anti-theft locks are
specially adapted to personal electronic devices and generally consist of
fitted lock mechanisms and components for securing the electronic devices.
Please note that anti-theft locks specially adapted for gaming apparatus would
be classified in Class 28.
003 Anti-wrinkle creams
These refer to non-medicated
creams. Medicated creams are in Class 5. 09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
009 Apparatus for automatic chromatography for laboratory
use
On 3-28-2013, the 7-20-2004 entry “Apparatus for automatic
chromatography” was modified to add “for laboratory use.” Chromatography
apparatuses for laboratory use are classified in Class 9. Chromatography
apparatuses for industrial purposes are classified in Class 11. The
identification should indicate the use of the goods for classification
purposes.
021 Apparatus for cleaning teeth and gums using high pressure
water for home use
2-19-09 - “for home use” added to 3-8-07 entry to
avoid confusion with apparatus used in dental procedures in Class 10.
010 Apparatus for clinical diagnosis
On 8-29-2013,
this 7-20-2004 entry was deleted from the Manual because it is overly broad
for likelihood of confusion analysis purposes. The common commercial name of
the apparatus or the condition(s) and/or disease(s) diagnosed should be
indicated.
010 Apparatus for dispensing non-medical oxygen and
aromatherapy that also utilizes light, sound, and vibration for relaxation
therapy
These goods are sold without pharmaceuticals in them. If they
are sold filled with pharmaceuticals, the pharmaceutical must be properly
identified and the goods are in Class 5.
012 Apparatus for locomotion by air and space, namely,
airborne platforms for serving spacecrafts and conducting space applications,
and structural parts and structural fittings for all of the aforementioned
goods
Note that parts of all motors and engines such as camshafts,
cylinders, cylinder pistons and other parts essential to the working of motors
and engines such as alternators, belts and carburetors are in Class 7.
028 Apparatus for playing chess, namely, chess timers
08-14-2014 - Chess timers are classified in Class 28 as game equipment.
Although timers are generally classified in Class 9, chess timers are
classified as game equipment because they are for use by the players in the
course of playing the game of chess.
025 Apparel for dancers, namely, tee shirts, sweatshirts,
pants, leggings, shorts and jackets
09-26-2013: Entry status changed
from “A” added to “X” example.
029 Appetizers, namely, breaded and fried jalapeño peppers
Changed from “jalapeño poppers” - POPPERS is a registered trademark for
this type of appetizer.
029 Apple purée
On 12-24-2015, this entry was
modified by inserting an accent mark to make it match the Alphabetical List
indication exactly.
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.
037 Application of adhesives to motor vehicles
The
application of adhesives to motor vehicles refers to the industry use of
commercial-grade adhesives in lieu of bolting or welding for repair and
maintenance purposes.
037 Application of coatings for others, namely, applying
{specify type of coating, e.g., protective coating, etc.}
11-10-11
Unless the application of the coating is done by some technological means such
as electricity or heat, application of a coating is in Class 37 since it is
analogous to paint application. A coating must materially alter the surface or
item to be coated to have the application of it in Class 40.
037 Application of foam to motor vehicles
The
application of foam to motor vehicles refers to the installation of foam to
fill empty spaces and cavities in a vehicle for NVH (noise, vibration,
harshness) dampening purposes.
037 Application of protective coatings
9-4-08 -
Classification changed from Class 40. Unless the application of the coating is
done by some technological means such as electricity or heat, application of a
coating is in Class 37 since it is analogous to paint application. A coating
must materially alter the surface or item to be coated to have the application
of it in Class 40.
042 Application service provider featuring software for use in
providing an on-line database in the field of transaction processing to upload
transactional data, provide statistical analysis, and produce notifications
and reports
3-1-2006 entry was amended on 11-18-10 to add the words
“for use” in providing an online database to clarify that the purpose of the
software is database creation. On 5-12-11, this 3-1-2006 entry was deleted
because the services are encompassed by the existing Manual entry “application
service provider (ASP) featuring software for use {specify the function of the
programs, e.g., for use in database management, for use as a spreadsheet, for
word processing, etc. and, if software is content -or field-specific, the
field of use}”
042 Application service provider, namely, hosting, managing,
developing, and maintaining applications, software, and web sites, in the
fields of personal productivity, wireless communication, mobile information
access, and remote data management for wireless delivery of content to
handheld computers, laptops and mobile electronic devices
07-22-2010
Deleted the words “providing” and “and databases” from the 01-25-2007 entry to
make clear that the services are computer services in Class 42.
042 Application service provider, namely, hosting, managing,
developing, analyzing, and maintaining applications, software, and web sites,
of others in the fields of healthcare, benefits programs, employee
productivity, risk management
07-22-2010 Deleted the words
“providing,” “researching,” “reporting,” and “and databases” from the
01-17-2008 entry to make clear that the services are computer services in
Class 42.
042 Application service provider featuring application
programming interface (API) software for allowing data retrieval, upload,
access and management
On 5-12-11, this 10-8-2009 entry was deleted
because the services are encompassed by the existing Manual entry “application
service provider featuring application programming interface (API) software
for use {specify the function of the API software}” in Class 42.
042 Application service provider, namely, hosting, managing,
developing, analyzing, and maintaining applications, software, and web sites,
of others in the fields of advertising and marketing
07-22-2010
Deleted the words “providing,” “tracking,” “reporting,” and “and databases”
from the 08-27-2009 entry to make clear that the services are computer
services in Class 42.
042 Application service provider featuring application
programming interface (API) software for {specify the function of the API
programs, e.g., integration of video content into websites}
05-12-2011: The 10-08-2009 entry was modified to delete the wording “in
building software applications” and replace it with a broader fill-in section.
06-16-2011: The 05-12-2011 entry was modified to add the parenthetical example
of a function of the software.
042 Application service provider, namely, hosting, managing,
developing, analyzing, and maintaining applications, software and web sites of
others in the fields of {specify field}
08-29-2013: Entry status
changed from “A” added to “X” example.
021 Applicator sticks for applying make-up
The
language cosmetic applicators would not be acceptable in Class 21 because
certain cosmetic applicators such as cotton balls for cosmetic purposes are in
Class 3.
021 Applicator wands for applying make-up to {indicate, e.g.,
lips, eyes, skin, etc.}
Applicator wands for applying make-up is
acceptable wording; further specification is acceptable, but it is not
required.
026 Appliques [haberdashery]
Although the word
appliques is used in the U.S. marketplace to refer to a variety of goods in
multiple classes, including clothing patches, decals, and vinyl or rubber
adhesive strips and tapes, the wording Appliques [haberdashery] was added to
the Nice Alphabetical List in Class 26, effective January 1, 2013, thereby
limiting the meaning of the word appliques to clothing decorations, such as
fabric patches, when it appears in International applications for
registration. Therefore, applicants who intend to apply for an Extension of
Protection under the Madrid Protocol should consider limiting their use of the
term appliques to Class 26 because including this term in other classes may
result in a Notice of Irregularity.
016 Appliques in the form of decals
On 1-1-13, the
04-02-1991 entry was deleted. Effective Jan. 1, 2013, the wording “Appliques
[haberdashery]” appears in the Nice Alphabetical List. Although the word
“appliques” appears to be used in the U.S. marketplace to describe both
clothing ornaments in Class 26 and decals in Class 16, the meaning of the word
“appliques” is limited to Class 26 goods for classification purposes.
Therefore, this entry is being deleted because the wording is confusing.
040 Applying coatings ultrasonically to medical and industrial
apparatus
11-10-11 The service of applying a coating must materially
alter the surface or item to be coated in order to be classified in Class 40.
Examples of this include when the coating is applied by the use of some
technological means such as electricity or heat. When the application of the
coating doesn't change the underlying nature of the goods being coated that
service is in Class 37.
040 Applying decorative and protective coatings to metal by
means of galvanization
3-20-13 - Classification of this 8-13-09 entry
changed from Class 37 to Class 40 because the application of the coatings is
done by galvanization, which is a technological means that utilizes
electricity. Unless the application of the coating is done by some
technological means such as electricity or heat, application of a coating is
in Class 37 since it is analogous to paint application.
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.
037 Applying medical coatings to {indicate product or products
being coated}
9-4-08 - Classification changed from Class 40. Unless
the application of the coating is done by some technological means such as
electricity or heat, application of a coating is in Class 37 since it is
analogous to paint application. A coating must materially alter the surface or
item to be coated to have the application of it in Class 40.
037 Applying protective coatings to {indicate specific item,
e.g. wood, metal, leather}
9-4-08 - Classification changed from Class
40. Unless the application of the coating is done by some technological means
such as electricity or heat, application of a coating is in Class 37 since it
is analogous to paint application. A coating must materially alter the surface
or item to be coated to have the application of it in Class 40.
035 Appointment reminder services
Appointment
reminder services are classified in Class 35 as a business activity analogous
to “secretarial services,” “telephone answering for unavailable subscribers,”
and “transcription of communications [office functions],” which appear in the
Alphabetical List in Class 35.
036 Appraisal services, namely, providing a computer database
for the purpose of appraising repairs to damaged automobiles
10-03-2013: Entry status changed from “A” added to “X” example.
044 Aquaculture services, namely, the cultivation and breeding
of plants or animals in a water environment
11-5-09 - changed “marine
life” in the 2-1-07 entry to broaden the field to include plants as well as
marine animal life and to more accurately reflect the service of
aquaculture
016 Aquarelles
07-30-2015: Aquarelles are paintings
done in transparent watercolors.
021 Aquarium air stones
This entry was transferred
from Class 16 to Class 21 pursuant to the 9th edition of Nice Agreement.
021 Aquarium covers
This entry was transferred from
Class 16 to Class 21 pursuant to the 9th edition of Nice Classification.
021 Aquarium fish nets
This entry was transferred
from Class 16 to Class 21 pursuant to the 9th edition of Nice Agreement.
021 Aquarium hoods
This entry was transferred from
Class 16 to Class 21 pursuant to the 9th edition of Nice Agreement.
021 Aquariums
This entry was transferred from Class
16 to Class 21 pursuant to the 9th edition of Nice Agreement.
001 Aqueous aromatic additives for use in the manufacture of
room fresheners and cosmetics
9-17-09 - The entry of 3-5-09 was
transferred from Class 3 since this is an ingredient used in further
manufacture. The transfer makes this entry consistent with the entry for
“Fragrances for use in manufacturing {indicate products or field of use if
possible or indicate for general manufacturing purposes, if accurate} [not in
the nature of essential oils}” in Class 1.
045 Arbitration
Transferred from Class 42 pursuant to
the 9th edition of the Nice Agreement.
006 Arbors of metal
On 01-01-2016, this 02-03-2011
entry was amended from “Arbors made of metal” to “Arbors of metal” to align
the description with a similar entry in the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
028 Archery equipment, namely, non-telescopic bow sights
On September 13, 2012, this April 2, 1991 entry was deleted because it is
already covered by the entry “Non-telescopic archery bow sights.”
019 Architectural elements, namely, non-metal friezes
This entry for frieze refers to a horizontal band running along the wall of a
room typically decorated with sculptures or ornamental figures. Frieze in the
nature of a heavy durable woolen fabric is in Class 24.
006 Architectural elements, namely, metal friezes
This entry for frieze refers to a horizontal band running along the wall of a
room typically decorated with sculptures or ornamental figures. Frieze in the
nature of a heavy durable woolen fabric is in Class 24.
043 Arena services, namely, providing general purpose
facilities for sports, concerts, conventions and exhibitions
This
entry was transferred from Class 42 to Class 43 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement. On
06-20-2013, this 01-01-2002 entry was modified by inserting “general purpose”
to make clear the nature of the services in Class 43. The arena facilities
described in this entry may be used by the temporary occupants for a variety
of purposes. Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose,
e.g., providing facilities for business meetings in Class 35; providing sports
facilities in Class 41.
029 Ark-shells, not live
On 1-31-2013, the 7-20-2004
entry “Ark-shells [not live]” was modified to incorporate the bracketed
wording into the identification. Live ark-shells are classified in Class
31.
009 Armor for protecting the body, buildings and other
structures, aircraft, marine vessels and vehicles against ballistic
projectiles
06-05-2014: This entry of 10-22-2009 was deleted as
overly inclusive of goods in several international classes. “Armour plating”
is in the Nice Alphabetical List in Class 6 as a good of common metal.
005 Aromatherapy creams for {specify use, e.g., treating
headaches, relieving stress, curing insomnia, etc.}
06-01-2001 -
Original entry; 04-22-2010 - Inserted the wording “for {specify use, e.g.,
treating headaches, relieving stress, curing insomnia, etc.}” and transferred
the entry from Class 3 to 5 because the goods are for treating a specific
medical condition.
005 Aromatherapy evaporating shower balls for {specify use,
e.g., treating headaches, relieving stress, curing insomnia, etc.}
06-26-2008 - Original entry; 04-22-2010 - Inserted the wording “for {specify
use, e.g., treating headaches, relieving stress, curing insomnia, etc.}” and
transferred the entry from Class 3 to 5 because the goods are for treating a
specific medical condition.
005 Aromatherapy lotions for {specify use, e.g., treating
headaches, relieving stress, curing insomnia, etc.}
06-01-2001 -
Original entry; 04-22-2010 - Inserted the wording “for {specify use, e.g.,
treating headaches, relieving stress, curing insomnia, etc.}” and transferred
the entry from Class 3 to 5 because the goods are for treating a specific
medical condition.
003 Aromatherapy oil
03-05-2009 - Original entry;
04-22-2010 - This identification was withdrawn from the Approved Trilateral
List in Class 3 and deleted from the Manual in Class 3. The Manual entry in
Class 3 was replaced with a similar entry in Class 5 that requires the
applicant to specify the medical condition(s) being treated.
003 Aromatherapy oils
10-01-1994 - Original entry;
04-22-2010 - This identification was withdrawn from the Approved Trilateral
List in Class 3 and deleted from the Manual in Class 3. The Manual entry in
Class 3 was replaced with a similar entry in Class 5 that requires the
applicant to specify the medical condition(s) being treated.
005 Aromatherapy oils for {specify use, e.g., treating
headaches, relieving stress, curing insomnia, etc.} [not essential oils]
The applicant must specify the specific medical condition being treated;
if the goods are not formulated to treat a specific medical condition, then
the goods are considered to be aromatic preparations in Class 3. The bracketed
wording “[not essential oils]” was included to avoid confusion with essential
oils for aromatherapy purposes in Class 3.
005 Aromatherapy pillows for {specify use, e.g., treating
headaches, relieving stress, curing insomnia, etc.}
06-14-2007 -
Original entry; 04-22-2010 Deleted “that may be used to freshen clothing or
lay over the eyes,” inserted “for {specify use, e.g., treating headaches,
relieving stress, curing insomnia, etc.}” and transferred the entry from Class
3 to 5 because the goods are for treating a specific medical condition.
044 Aromatherapy services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
005 Aromatherapy sprays for {specify use, e.g., treating
headaches, relieving stress, curing insomnia, etc.} [not essential oils]
09-13-2007 - Original entry; 04-22-2010 - Inserted the wording “for
{specify use, e.g., treating headaches, relieving stress, curing insomnia,
etc.}” and transferred the entry from Class 3 to 5 because the goods are for
treating a specific medical condition; also inserted “[not essential oils]” to
avoid confusion with essential oils for aromatherapy purposes in Class 3.
005 Aromatherapy sticks for {specify use, e.g., treating
headaches, relieving stress, curing insomnia, etc.} [not essential oils]
12-17-2009 - Original entry; 04-22-2010 - Inserted the wording “for
{specify use, e.g., treating headaches, relieving stress, curing insomnia,
etc.}” and transferred the entry from Class 3 to 5 because the goods are for
treating a specific medical condition; also inserted “[not essential oils]” to
avoid confusion with essential oils for aromatherapy purposes in Class 3.
003 Aromatic body care products, namely, body lotion, shower
gel, cuticle cream, shampoo, conditioner, non-medicated lip balm, soap, body
polish, body and foot scrub and non-medicated foot cream
10-25-2007 -
Original entry; 04-22-2010 - “Aromatherapy” amended to “Aromatic” to justify
the goods in Class 3. Specific aromatherapy preparations for treating specific
medical conditions are in Class 5. 11-28-2013: Entry status changed from “A”
added to “X” example. “Aromatic preparations, namely, {specify preparations
e.g., cream, lotion, body spray, etc.}” is an available entry.
003 Aromatic pillows comprising potpourri in fabric
containers
06-01-2001 - Original entry; 04-22-2010 - “Aromatherapy”
amended to “Aromatic” to justify the goods in Class 3. Specific aromatherapy
preparations for treating specific medical conditions are in Class 5.
031 Aromatic sand [litter] for pets
This entry was
transferred from Class 19 to Class 31. It is more appropriately classified
with other animal litter products in Class 31.
005 Aromatized beverages based on fruit, protein, cordial,
sugar and other fluid nutrients, namely, weight management powders for use as
a food fillers
1-2-2012 This entry of 3-26-2009 has been deleted
because it is no longer acceptable in Class 5 under the 10th Edition of the
Nice Agreement. Meal replacements for medical use are in Class 5, and meal
replacements not for medical use are classified according to their nature in
Classes 29-33.
032 Aromatized beverages based on fruit, protein, cordial,
sugar and other fluid nutrients, namely, protein drinks for use as food
fillers and not for use as meal replacements
On 08-15-2013, the
03-26-2009 entry was amended to correct the grammar of the entry. The word
“replacement” was pluralized, and the word “a” was deleted from “a food
fillers” and “a meal.”
032 Aromatized beverages based on fruit, protein, cordial,
sugar and other fluid nutrients, namely, carbohydrates drinks for use as food
fillers
On 08-15-2013, the 03-26-2009 entry was amended to delete the
word “a” from “a food fillers.”
005 Aromatized beverages based on fruit, protein, cordial,
sugar and other fluid nutrients, namely, meal replacement drinks for use as a
food fillers
01-01-2012 - This entry of 3-26-2009 has been deleted
because it is no longer acceptable in Class 5 under the 10th Edition of the
Nice Agreement. Meal replacements for medical use are in Class 5, and meal
replacements not for medical use are classified according to their nature in
Classes 29-33.
041 Arranging and conducting educational congresses in the
field of {indicate, e.g., science and technology, math, law, etc.}
Arranging and conducting educational congresses is acceptable in Class 41;
further specification is acceptable, but it is not required.
041 Arranging and conducting educational congresses
This service is intended to cover the activity of generally arranging and
conducting educational congresses in any field. If the applicant is arranging
and conducting an educational congress in a particular field, the
identification should be limited to that field.
041 Arranging and conducting live, interactive, treasure hunt
game adventures
On 10-09-2014, the 10-25-2007 entry was modified by
deleting “gaming” and inserting “game” to make clear that “gaming” in this
context refers to recreational games, and not gambling. Also, the status of
the entry was changed from “A- Added” to “X- Example” to indicate that it is
an example of acceptable wording.
041 Arranging and conducting youth sports programs in the
field of {specify sport, e.g., baseball, basketball, etc.}
Arranging
and conducting youth sports programs is acceptable wording; further
specification is acceptable, but is not required.
039 Arranging and conducting kayaking tours for travel
purposes
On 1-1-13, the 08-05-2010 entry was modified by inserting
“for travel purposes” to make clear the nature and purpose of the services.
“Arranging and conduction kayaking tours for recreational purposes” is in the
Manual in Class 41. 01-01-2016: On 01-01-2016, this 01-01-2013 entry was
deleted because it is unclear whether it describes a transport service in
Class 39 or a guided tour-type service in Class 41. The wording “for travel
purposes” is no longer sufficient to justify classification of tours in Class
39. Classification depends on the primary nature of the activity, not on the
overall purpose. This wording is no longer acceptable under Nice 10-2016.
041 Arranging and conducting kayaking tours for recreational
purposes
Services involving arranging and organizing travel tours are
classified in Class 39 as a transportation service. Services involving
arranging and organizing recreational tours are classified in Class 41 as an
entertainment service. When it is unclear whether the tour is for travel or
recreational purposes, applicants must indicate the purpose in the ID, and the
services should be classified in 39 or 41 accordingly. 01-01-2016: On
01-01-2016, this 01-01-2013 entry was deleted because it is unclear whether it
describes a transport service in Class 39 or a guided tour-type service in
Class 41. The wording “for recreational purposes” is no longer sufficient to
justify classification of tours in Class 41. Classification depends on the
primary nature of the activity, not on the overall purpose. This wording is no
longer acceptable under Nice 10-2016.
041 Arranging and conducting oversized pedicab tours for
recreational purposes
On 1-1-13, the 02-03-2011 entry was modified by
inserting “for recreational purposes” and transferred from 39 to Class 41
because oversized pedicab tours are primarily in the nature of recreational
activities and not travel or transport activities. Although pedicabs may be
used for transportation, pedicab tours typically begin and end at the same
location. 01-01-2016: On 01-01-2016, this 01-01-2013 entry was deleted because
it is unclear whether it describes transport services in Class 39 or guided
tour-type services in Class 41. The wording “for recreational purposes” is no
longer sufficient to justify classification of tour-related services in Class
41. Classification depends on the primary nature of the activity, not on the
overall purpose. This description is no longer acceptable per Nice
10-2016.
041 Arranging and conducting paddleboard tours for
recreational purposes
On 1-1-13, the 07-05-2012 entry was modified by
inserting “for recreational purposes” and transferred from 39 to Class 41
because paddleboard tours are primarily in the nature of recreational
activities and not travel or transport activities. 01-01-2016: On 01-01-2016,
this 01-01-2013 entry was deleted because it is unclear whether it describes
transport services in Class 39 or guided tour-type services in Class 41. The
wording “for recreational purposes” is no longer sufficient to justify
classification of tour-related services in Class 41. Classification depends on
the primary nature of the activity, not on the overall purpose. This
description is no longer acceptable per Nice 10-2016.
041 Arranging and conducting guided whale-watching tours
On 1-1-13, the 09-18-2008 entry was modified by inserting “for
recreational purposes” and transferred from 39 to Class 41 because
whale-watching tours are primarily in the nature of recreational activities
and not travel or transport activities. 01-01-2016: On 01-01-2016, this
01-01-2013 entry was modified by inserting “guided” and deleting “for
recreational purposes” to make clear that the classification depends on the
primary nature of the activity (not on the overall purpose) and to conform
with the Nice 10-2016 entry “Conducting guided tours” in Class 41. Providing
transport services by boat for guided whale-watching tours is classified in
Class 39.
041 Arranging and conducting guided hiking tours
On
01-01-2016, this 09-19-2013 entry was modified by inserting “guided” and
deleting “for recreational purposes” to make clear that the classification
depends on the primary nature of the activity (not on the overall purpose) and
to conform with the Nice 10-2016 entry “Conducting guided tours” in Class
41.
041 Arranging and conducting canopy tours and zip line events
for entertainment purposes
Services involving arranging and
organizing travel tours are classified in Class 39 as a transportation
service. Services involving arranging and organizing recreational tours are
classified in Class 41 as an entertainment service. When it is unclear whether
the tour is for travel or recreational purposes, applicant must indicate the
purpose in the ID, and it should be classified in 39 or 41 accordingly.
01-01-2016: On 01-01-2016, this 09-16-2010 entry was deleted because it is
unclear whether it encompasses transport services in Class 39 or guided
tour-type services in Class 41. The wording “for entertainment purposes” is no
longer sufficient to justify classification of tour-related services in Class
41. Classification depends on the primary nature of the activity, not on the
overall purpose. This wording is no longer acceptable under Nice 10-2016.
041 Arranging and conducting guided tours of cruise ships
On 1-1-13, the 05-13-2010 entry was modified by inserting “for
educational purposes” to make clear the reason for classifying it in Class 41.
01-01-2016: On 01-01-2016, this 01-01-2013 entry was modified by inserting
“guided” and deleting “for educational purposes” to make clear that the
classification depends on the primary nature of the activity (not on the
overall purpose) and to conform with the Nice 10-2016 entry “Conducting guided
tours” in Class 41.
035 Arranging and conducting business competitions for
entrepreneurs to compete for seed capital to finance business activities
On 02-25-2016, the 07-20-2004 entry, “Organizing of business
competitions” was deleted from the Manual because the nature of the services
was unclear. The 07-20-2004 entry was replaced with this new entry in Class 35
and “Arranging and conducting educational competitions for students in the
field of business” in Class 41.
035 Arranging and conducting business competitions for
{indicate, e.g., businesses, entrepreneurs, etc.} to compete for {indicate,
e.g., seed capital, business marketing support, business technology support,
etc.} to facilitate business activities
On 02-25-2016, the 07-20-2004
entry, “Organizing of business competitions” was deleted from the Manual
because the nature of the services was unclear. The 07-20-2004 entry was
replaced with “Arranging and conducting business competitions for
entrepreneurs to compete for seed capital to finance business activities” and
this new entry in Class 35, and “Arranging and conducting educational
competitions for students in the field of business” in Class 41.
041 Arranging and conducting educational competitions for
students in the field of business
On 02-25-2016, the 07-20-2004
entry, “Organizing of business competitions” was deleted from the Manual
because the nature of the services was unclear. The 07-20-2004 entry was
replaced with “Arranging and conducting business competitions for
entrepreneurs to compete for seed capital to finance business activities” in
Class 35 and this new entry in Class 41.
041 Arranging and conducting canoe expeditions for
recreational purposes
On 02-28-2013, the 04-02-1991 entry was
modified by inserting “for recreational purposes” to make clear the nature of
the services and transferred to Class 41 to comply with the Tenth Edition of
the Nice Classification system, version 1, effective on 1-1-2013. Arranging
and conducting travel transport is in Class 39, and arranging and conducting
recreational activities is in Class 41.
041 Arranging and conducting horseback expeditions for
recreational purposes
On 02-28-2013, the 04-02-1991 entry was
modified by inserting “for recreational purposes” to make clear the nature of
the services and transferred to Class 41 to comply with the Tenth Edition of
the Nice Classification system, version 1, effective on 1-1-2013. Arranging
and conducting travel transport is in Class 39, and arranging and conducting
recreational activities is in Class 41.
041 Arranging and conducting jungle and safari expeditions for
recreational purposes
On 02-28-2013, the 04-02-1991 entry was
modified by inserting “for recreational purposes” to make clear the nature of
the services and transferred to Class 41 to comply with the Tenth Edition of
the Nice Classification system, version 1, effective on 1-1-2013. Arranging
and conducting travel transport is in Class 39, and arranging and conducting
recreational activities is in Class 41.
041 Arranging and conducting special events for social
entertainment purposes
03-27-2010 Original entry; 4-1-10 This
activity encompasses arranging and conducting of events other than those
related to business functions. 5-27-10 Inserted the wording “for social
entertainment purposes” to make explicit in the text of the ID the purpose of
the services, which was previously indicated in a Manual Note
041 Arranging and conducting business seminars in the field of
{indicate topic or subject matter}
Seminars are an educational
activity and are classified in Class 41. However, the arranging and conducting
of business conferences and exhibitions involve a business service in Class
35.
035 Arranging and conducting sales events for others of
livestock and registered and commercial cattle
On 01-16-2014, this
05-29-2008 entry was modified from “Arranging and conducting sales for others
of livestock and registered and commercial cattle” to the current wording to
make clear that these services are not in the nature of “brokerage” services
in Class 36.
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 educational conference in a particular field, the identification
should be limited to that field.
039 Arranging and coordinating travel arrangements for
individuals and groups, namely, destination stays, honeymoons, family
vacations, and destination weddings
10-24-2013: Entry status changed
from “A” added to “X” example.
039 Arranging cruises on {specify type of watercraft, e.g.,
ships, sailboats, powerboats, etc.}
“Arranging of cruises” is an
acceptable identification; further specification of the type of watercraft is
acceptable, but it is not required.
039 Arranging excursions for tourists
On 01-01-2016,
this 04-02-1991 entry was deleted, and it is no longer acceptable under Nice
10-2016, because it is unclear whether it encompasses making bookings for
transportation in Class 39 or arranging educational or entertainment
activities for tourists in Class 41. Providing transport for excursions is
acceptable wording in Class 39.
039 Arranging for travel visas, passports and travel documents
for persons traveling abroad
9-22-2016 - “Arranging for travel visas,
passports and travel documents for persons traveling abroad” is classified in
Class 39 because obtaining required documents are “services necessarily
connected to transport,” see the Class 39 Explanatory Note.
039 Arranging for travel visas, passports and travel documents
for persons traveling to {indicate country, e.g., the United States, France,
Spain, etc.}
“Arranging for travel visas, passports and travel
documents for persons traveling to {indicate country, e.g., the United States,
France, Spain, etc.}” is classified in Class 39 because obtaining required
documents are “services necessarily connected to transport,” see the Class 39
Explanatory Note.
041 Arranging of contests featuring {indicate primary
feature(s) of the contests, e.g., casino gaming, contestants baking cupcakes,
etc.}
Arranging of contests is acceptable wording; further
specification is acceptable, but it is not required.
041 Arranging of exhibitions, seminars and conferences
This language has proved too broad for continued acceptance in the USPTO.
It can include services in Class 35 if the exhibitions and conferences are for
business purposes.
041 Arranging of seminars and conferences
This
language has proved too broad for continued acceptance in the USPTO. It can
include services in Class 35 if the conferences are for business purposes.
039 Arranging of tours
On 1-1-2013, the 11-29-2007
entry was deleted because the wording is too broad under the Nice
Classification, Tenth Edition, version 2013. Effective 1-1-13, it is no longer
acceptable. “Arranging of travel tours” is acceptable in Class 39. Effective
01-01-2016, the wording “Arranging of travel tours” in Class 39 is no longer
acceptable because it is unclear whether “travel tours” refers to transport
services in Class 39 or guided tour-type services in Class 41.
039 Arranging of travel tours and cruises
On 1-1-13,
this 11-29-2007 entry was modified by inserting “travel” to conform to the
Nice Classification, Tenth edition, version 2013. “Arranging of tours” is no
longer acceptable in Class 39. 01-01-2016: On 01-01-2016, this 01-01-2013
entry was deleted because it is unclear whether “travel tours” refers to
transport services in Class 39 or guided tour-type services in Class 41.
Arranging of cruises is acceptable in Class 39, but this entire ID is no
longer acceptable under Nice 10-2016.
043 Arranging temporary housing accommodations
This
entry was transferred from Class 42 to Class 43 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
039 Arranging travel tours
On 01-01-2016, this
04-02-1991 entry was deleted because it is unclear whether “travel tours”
refers to transport services in Class 39 or guided tour-type services in Class
41. This wording is no longer acceptable under Nice 10-2016.
039 Arranging travel tours for {indicate specific group, e.g.,
choirs, tourists, etc.}
Arranging travel tours is acceptable in Class
39; further specification as to the particular customers is acceptable, but is
not required. 01-01-2016: On 01-01-2016, this 06-27-2013 entry was deleted
because it is unclear whether “travel tours” refers to transport services in
Class 39 or guided tour-type services in Class 41. This wording is no longer
acceptable under Nice 10-2016.
039 Arranging travel tours as a bonus program for credit cards
customers
On 01-01-2016, this 04-02-1991 entry was deleted because it
is unclear whether “travel tours” refers to transport services in Class 39 or
guided tour-type services in Class 41. This wording is no longer acceptable
under Nice 10-2016.
039 Arranging, coordinating and controlling stopovers,
transfer and transit of passengers, aircraft crew and their luggage
10-24-2013: Entry status changed from “A” added to “X” example.
039 Arranging, organizing, and conducting cycling trips
On 1-1-13, the 04-01-2010 entry was modified by deleting “tours and” to
make clear that the services involving cycling trips are primarily for travel
purposes, which is the reason that these services are classified in Class
39.
022 Arrays of resilient plastic straps that may be arranged in
prescribed angular orientations relative to each other to accommodate objects
of different sizes, shapes and configurations in any one of a multiplicity of
different arrangements
On 09-13-12, the 07-23-2009 entry was modified
by deleting “non-metal” and inserting “plastic” to make clear the
justification for classifying these goods in Class 22. Straps are generally
classified according to the function or purpose of the goods. However, straps
for securing items and general purpose straps are classified in Classes 6, 18,
or 22 depending on the material composition of the goods. Straps with
functions that are not covered by the Class Headings - like these straps - are
also classified in Classes 6, 18, or 22 depending on the material
composition.
009 Art kit for use in assembly of art installation that
creates a kaleidoscope painting of moving patterns and changing colors
consisting of a custom designed incandescent/LED lamp with interchangeable
colored glass filtered lenses, glass crystals with custom designed sterling
silver bails, plastic mounting hooks, filaments for suspending crystals, a
remote control for light color and dimming preferences, micro-fiber cleaning
cloths, and instructions
07-04-2013: Status changed from “A” - Added
to “X” - example.
016 Art prints comprised of digital illustrations originating
from photographs
09-05-2013: Status of entry changed from “A”-Added
to “X”-Example.
009 Articles of protective clothing with built in armor for
protection against accident or injury for use in {specify use, e.g.,
motorcycling, etc.}
9-15-11 Protective clothing in Class 9 is
clothing that is life preserving or that protects from life threatening injury
or accidents. Please note that while sporting articles such as padding also
protect against bumps and bruises, such injury is not usually life threatening
or fatal. As a result, those items fall in Class 28 as sporting articles. On
03-22-12 this 09-05-11 entry was modified with the addition of “with built in
body armor” to emphasize why these goods are in Class 9 and to further
distinguish them from regular clothing in class 25 or sporting articles in
Class 28.
009 Articles of protective clothing for wear by motorcyclists
for protection against accident or injury
09-15-11 Protective
clothing in Class 9 is clothing that is life preserving or that protects from
life threatening injury or accidents. Please note that while sporting
articles such as padding also protect against bumps and bruises, such injury
is not usually life threatening or fatal. As a result, those items fall in
Class 28 as sporting articles.
022 Artificial and real hair for stuffing or padding
purposes
08-25-2011: Deleted the 08-01-2004 entry because it is
covered by the new entries “Artificial hair for stuffing and padding purposes”
and “Human hair for stuffing and padding purposes” in Class 22. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
021 Artificial aquarium landscapes
This entry was
transferred from Class 16 to Class 21 pursuant to the 9th edition of Nice
Agreement.
009 Artificial bones for medical instruction purposes
On 04-07-2016, this 06-01-2001 entry was transferred from Class 20 to Class 9.
The Nice Class Heading for Class 9 includes teaching apparatus and “Artificial
bones for medical instructional purposes” are considered a type of teaching
apparatus.
003 Artificial fingernails of precious metal
Transferred from Class 14 pursuant to the 9th edition of the Nice
Agreement.
026 Artificial flower lei which features a flashing shot glass
and attachments for mini alcohol bottles
10-03-2013: Entry status
changed from “A” added to “X” example.
026 Artificial flowers, namely, {specify type of flowers,
e.g., roses, tulips, etc.}
Artificial flowers is acceptable wording;
further specification is acceptable, but is not required.
026 Artificial fruit, namely, {specify type of fruit, e.g.,
apples, lemons, etc.}
Artificial fruit is acceptable wording; further
specification is acceptable, but is not required.
044 Artificial insemination
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
009 Artificial limbs for medical instruction purposes
[teaching apparatus]
8-13-09 - Entry of 6-1-01 transferred from Class
20. This is educational apparatus and that is classified in Class 9 -
consistent with resuscitation mannequins in 9. 07-12-12: Inserted the
bracketed wording to make clear the nature of the goods and the justification
for classifying them in Class 9.
026 Artificial plants, namely, {specify type of plants, e.g.,
orchids, ferns, etc.}
Artificial plants is acceptable wording;
further specification is acceptable, but is not required.
001 Artificial resins
On 06-13-2013, this 11-08-2007
entry was deleted because it is broad enough to encompass goods in Class 17.
Unprocessed synthetic resins and unprocessed artificial resins appear in the
Nice Alphabetical List in Class 1. Semi-processed resins are classified in
Class 17. The identification should indicate whether the goods are
unprocessed or semi-processed for classification purposes.
026 Artificial vegetables, namely, {specify type of
vegetables, e.g., onions, cabbages, etc.}
Artificial vegetables is
acceptable wording; further specification is acceptable, but is not
required.
016 Artists' watercolor saucers
These goods are used
for mixing watercolor paints.
016 Arts and craft paint kits
If the paints are sold
separately from the arts and craft paint kit, they are in Class 2.
009 Asbestos safety screens for firemen
This entry
was transferred from Class 17 to Class 9 due to the restructuring that was
implemented in the 9th edition of the Nice Agreement.
025 Ascots
04-30-2015: An ascot is a thin scarf that
is folded into a loop under the chin.
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.
011 Asphalt hot box reclaimers, namely, insulated boxes for
heating and maintaining cold chunked asphalt as a hot mix for re-use
08-01-2013: Acceptable entry status changed from “A” added to “X” example.
035 Assistance, advice and consultancy with regard to business
planning, business analysis, business management and business organization
relating to purchasing functions
09-26-2013: Entry status changed
from “A” added to “X” example.
035 Assistance, advisory services and consultancy with regard
to business planning, business analysis, business management, and business
organization relating to micro credits, micro finance and energy products
09-26-2013: Entry status changed from “A” added to “X” example.
035 Assistance, advisory services and consultancy with regard
to business planning, business analysis, business management, and business
organization
09-26-2013: Entry status changed from “A” added to “X”
example.
045 Assisting localities and local entities in organizing and
establishing groups of practicing and retired physicians, nurses, and other
health professionals to act in a coordinated manner in times of local
emergencies
09-05-2013: Entry status changed from “A” added to “X”
example.
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
classified in that class. Associations, unions, PAC's and interest groups
promote 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.
035 Association services in the nature of a sorority, namely,
promoting the interests of healthy living, fitness and weight loss of
women
09-05-2013: Entry status changed from “A” added to “X”
example.
005 Asthmatic tea
Asthmatic tea is tea used for the
treatment of asthma and appears in the Nice Alphabetical List in Class 5.
045 Astrological forecasting
This entry was
transferred from Class 42 to Class 45 due to the restructuring of 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 of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
025 Athletic apparel, namely, shirts, pants, jackets,
footwear, hats and caps, athletic uniforms
09-26-2013: Entry status
changed from “A” added to “X” example.
018 Athletic bags
Note that bags that are fitted to
carry a particular item are classified with the 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.
009 Athletic equipment, namely, mouth guards
On
01-01-2016, this 04-02-1991 entry was transferred from Class 28 to Class 9 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, mouth guards for sports are
classified in Class 9 because they protect against serious injury and are
analogous to the wording “life-saving apparatus and instruments” in the Class
9 Heading.
028 Athletic equipment, namely, guards for {indicate specific
type and purpose, e.g., the mouth, the nose, the chin}
On 01-01-2016,
this 04-02-1991 entry was deleted in compliance with the Nice Classification,
Tenth edition, version 2016, effective 01-01-2016. Under Nice 10-2016, mouth
guards for sports and head guards for sports are classified in Class 9 because
they protect against serious injury and are analogous to the wording
“life-saving apparatus and instruments” in the Class 9 Heading.
025 Athletic footwear for {indicate intended users or specify
purpose, e.g., runners, soccer, etc.}
“Athletic footwear” and
“Footwear” are acceptable identifications in Class 25. Further specification
of the intended users or purpose is acceptable, but it is not required.
Please note that orthopedic footwear is classified in Class 10.
025 Athletic jackets
Jackets is acceptable wording;
further specification is acceptable, but it is not required.
028 Athletic protective knee pads for skateboarding
“Knee pads for athletic use” is an acceptable identification; further
specification of the type of sport is acceptable, but it is not required.
028 Athletic protective elbow pads for skateboarding
“Elbow pads for athletic use” is an acceptable identification; further
specification of the type of sport is acceptable, but it is not required.
025 Athletic sweaters
Sweaters is acceptable wording;
further specification is acceptable, but it is not required.
025 Athletic tops and bottoms for {indicate intended users or
specify purpose, e.g., runners, yoga, etc.} [clothing]
“Tops” and
“Bottoms” are acceptable identifications in Class 25 to identify clothing
items. Further specification of the intended users or purpose is acceptable,
but it is not required.
041 Athletic training services
On 11-12-2015, this
10-22-2008 entry was deleted from Class 41 because “Athletic training
services” are health care services in Class 44.
021 Atomizers for household use
Atomizers for
household use, both power-operated and hand-operated, are classified as
household apparatus and utensils in Class 21. Atomizers for industrial use may
be classified as machines in Class 7 or hand-operated implements in Class 8,
depending on whether they are power-operated or hand-operated.
010 Atomizers sold empty for medical use
An atomizer
for medical use is designed to deliver a metered dose of medication to a
patient.
018 Attaché cases
On 12-24-2015, this entry was
modified by inserting an accent mark so that it would match the Alphabetical
List indication exactly.
045 Attorney services
Services were transferred from
Class 42 pursuant to changes in the 9th edition of the Nice Agreement.
045 Attorney services, namely, representation of clients in
{indicate the subject of the legal matters, e.g., tax, federal trademark,
family law, etc.} matters
Attorney services is acceptable wording;
further specification is acceptable, but is not required.
035 Audience rating determination for radio and television
broadcasts
On 02-26-2015, the 07-20-2004 entry was deleted because it
is not acceptable under USPTO ID policy. The wording is indefinite and
overbroad and may include market research services in Class 35 and technology
services, such as electronic monitoring, in Class 42.
038 Audio and video broadcasting services over the Internet in
the field of {indicate field or subject matter}
This is a broadcast
service only. The applicant may indicate a specialty field, but this service
is not the provision of content in that field - it is a broadcast service that
specializes for subject matter in the indicated field.
028 Audio and visual headsets for use in playing video
games
1-1-2012 this entry of 8-26-2010 was transferred from Class 9
in accordance with 10th Edition of Nice Agreement. Under the 10th Edition, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading.
009 Audio books in the nature of {indicate type of books,
e.g., novels, short stories, etc.}
Audio books is indefinite in
Class 9. Descriptions of audio books must indicate either the subject matter
of the audio books, e.g., sports, art history, etc., or the type of audio
books, e.g., novels, short stories, etc. However, Audio books in the nature of
non-fiction books on a variety of topics is only acceptable in connection with
a publishing house mark.
035 Auditing utility rates for others
These services
are classified in Class 35 because they involve accounting and other
business-type activities in Class 35. Effective Jan. 1, 2013, auditing
services are classified in Class 35 when they involve accounting and other
business-type activities, and auditing services are classified in Class 42
when they involve technical analysis and evaluation. The subject matter being
audited does not determine classification.
044 Auditory rehabilitation services for building speech
understanding ability
01-16-2014: Entry status changed from “A” added
to “X” example.
005 Auto accessories, namely, 3D air fresheners
On
1-1-2012 this entry of 4-22-2010 was deleted from Class 5 pursuant to the
deletion of “air freshening preparations” from the 10th Edition of the Nice
Agreement. The phrase, “air freshening preparations,” is used in advertising
literature to refer to both “air fragrancing preparations” in Class 3 and “air
deodorizing preparations” in Class 5, which have distinctly different
functions and are classified in different classes.
005 Auto accessories, namely, air fresheners
On
1-1-2012 this entry of 4-22-2010 was deleted from Class 5 pursuant to the
deletion of “air freshening preparations” from the 10th Edition of the Nice
Agreement. The phrase, “air freshening preparations,” is used in advertising
literature to refer to both “air fragrancing preparations” in Class 3 and “air
deodorizing preparations” in Class 5, which have distinctly different
functions and are classified in different classes.
009 Automated dispensing machines for laundry detergent
06-09-2016: Automated dispensing machines for laundry detergent dispense
a pre-determined amount of detergent and are classified in Class 9 as a
“measuring apparatus.”
009 Automated laundry detergent dispensers
06-09-2016: Automated laundry detergent dispensers dispense a pre-determined
amount of detergent and are classified in Class 9 as a “measuring
apparatus.”
007 Automated machines for the manufacture of cigarettes
20040720 “Cigarette making machines” entry changed to clarify that this
is not a smokers' article.
019 Automated security gates not of metal
This entry
replaces the entry automated security gates in Class 9 that were deleted
pursuant to the 10th Edition of the Nice Agreement. These goods should be
classified based on material composition, automated security gates of metal in
Class 6, and automated security gates not of metal in Class 19.
006 Automated security gates of metal
This entry
replaces the entry automated security gates in Class 9 that was deleted
pursuant to the 10th Edition of the Nice Agreement. These goods should be
classified based on material composition, metal in Class 6, and non-metal in
Class 19.
009 Automated security gates
On 1-1-2012, this Class
9 electric or automated entry of 6-1-2001 has been deleted, pursuant to the
10th Edition of the Nice Agreement. These goods should be classified by their
material composition, i.e., “automated security gates of metal” in Class 6 and
“automated security gates not of metal” in Class 19.
009 Automated valves for {indicate purpose or type of
machine}
Automated valves are in Cl. 9 regardless of material
composition.
009 Automatic controllers for revolving doors
1-24-2012 This entry of 1-1-2005 was withdrawn from the Approved Trilateral
List in Class 9 and deleted from the Manual in Class 9 because the
identification could include machines in Class 7 pursuant to the changes
concerning electric apparatus under the 10th Edition of the Nice
Agreement.
009 Automatic electrical distribution apparatus
1-1-2012 This entry of 7-20-2004 concerning a Class 9 electric or
electrothermic apparatus was deleted, because absent the “electrical” nature
of these goods the exact nature or purpose of these goods is unclear for
purposes of reclassifying these goods under the 10th 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 parts and engine valves for vehicles and machinery are in
Class 7; valves for plumbing 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 pill counters
Automatic pill counters
are electronic counting apparatus typically used by pharmacists for measuring
prescribed medications before dispensing them to consumers. These goods are
classified in Class 9 as a type of measuring apparatus.
009 Automatic ticket dispensers
1-24-2012 This entry
of 12-3-2009 was withdrawn from the Approved Trilateral List in Class 9 and
deleted from the Manual in Class 9 because the identification could include
machines in Class 7 pursuant to the changes concerning electric apparatus
under the 10th Edition of the Nice Agreement.
009 Automatic transfer switches (ATS)
Automatic
transfer switches are switches used in electrical power systems that function
to automatically switch power from the electric utility source to a backup
generator.
009 Automatic turnstiles
1-1-2012 - This Class 9
electric or automated apparatus entry of 4-2-1991 has been deleted, pursuant
to the 10th Edition of the Nice Agreement. These goods are considered building
materials and should be classified by their material composition, i.e.,
“automatic turnstiles of metal” in Class 6 and “automatic turnstiles not of
metal” in Class 19.
009 Automatic valves
Note that manually operated
metal valves are in Class 6; valves being machine parts and engine valves for
vehicles and machinery are in Class 7; valves for plumbing 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 for {indicate purpose, e.g., controlling
the flow of oil in pipelines, etc.}
“Automatic valves” is an
acceptable identification; further specification of the purpose is acceptable,
but it is not required. Note that manually operated metal valves are in Class
6; valves being machine parts and engine valves for vehicles and machinery are
in Class 7; valves for plumbing 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.
007 Automatic vending machines and mechanisms for
coin-operated apparatus sold as a unit
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 11-8-2007 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement. On
8-2-2012, “automatic vending machines and mechanisms for coin-operated
apparatus sold as a unit” has been amended to include the language “sold as a
unit” to make clear that the “mechanisms for coin-operated apparatus” are part
of, or sold with the vending machine because the stand-alone “mechanisms for
coin-operated apparatus” is in Class 9.
007 Automatic vending machines
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 8-21-2008 was
transferred to Class 7 (as machines), pursuant to the 10th Edition of the Nice
Agreement.
042 Automobile clubs
Identification too broad due to
the restructuring of Class 42 in the 8th edition of the Nice Agreement.
Specific services must be specified and classified appropriately.
037 Automobile customization services
11-17-2011: The
service of customizing goods to the specification of others is generally
classified according to the nature of the activity underlying the
customization. For example, customization of computer software is in Class 42
because the activity underlying the customization is computer programming in
42. In other words, the applicant has to re-program the software so that it
meets the customer's criteria. On the other hand, customization of automobiles
is in Class 37 because the activities underlying the customization are vehicle
maintenance and modification in 37. Customization usually involves repair and
maintenance of existing finished goods, while custom manufacturing of goods
involves transforming unfinished or semi-finished goods into finished
goods.
012 Automobile engines
Complete motors and engines
for land vehicles are in Class 12, however, parts of all motors and engines
such as camshafts, cylinders, cylinder, pistons and other 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.
037 Automobile painting
02-11-2016: Painting services
are classified in Class 37 as maintenance-type activities for the restoring
objects to their original condition or preserving them without altering their
physical or chemical properties. Painting services in Class 37 do not
encompass custom painting of artwork services, which are classified in Class
41.
035 Automobile registration, namely, assignment of vehicle
identification numbers to deter theft
This entry was transferred from
Class 42 to Class 35 on 1-1-2002 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement. On 08-29-2013, this
entry was deleted because it is indefinite and overbroad. It is unclear
whether the primary activity involves “Maintaining a registry of automobile
identification numbers” in Class 35, or whether the primary activity is a
specific type of theft protection service in Class 45. Additionally, nearly
identical wording appears in Class 45, which has caused confusion.
012 Automobile snow socks
Snow socks are fitted tire
covers used to provide traction on snowy or icy roads, and similar in function
to tire chains.
012 Automobile tires
Tires is acceptable wording;
further specification is acceptable, but it is not required.
037 Automobile upfitting services
This service
involves installation of premium equipment into a vehicle in addition to the
basic factory-installed equipment.
012 Automobiles and structural parts therefor
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Automotive body kits comprising external structural parts
of automobiles
Note that parts of all motors and engines such as
camshafts, cylinders, cylinder pistons and other parts essential to the
working of motors and engines such as alternators, belts and carburetors are
in Class 7.
012 Automotive conversions
5/7/10 - The 9/27/07 entry
was deleted because it seemed to indicate a service. It was replaced with
“Automotive conversion kits comprised of {indicate components of kits} to make
structural changes to an automobile.”
007 Automotive parts, namely, engine seals
4-23-09 -
“transmission seals” were deleted from the 8-1-05 entry since transmission
seals for land vehicles would be in Class 12 with the transmissions
themselves.
012 Autonomous cars
Autonomous cars are self-driving
cars. The goods are classified in Class 12 based on the Nice Alphabetical
List entry “Driverless cars [autonomous cars]” in Class 12.
019 Aviary assembly kits [not of metal]
On 3-21-2013,
the 7-20-2004 entry was deleted because the identification is overly broad as
currently written. The material content of the goods must be incorporated
into the identification for classification purposes.
007 Aviation drive trains
3-24-11 - Class changed
from 12 - typographical error in 10-28-10 entry.
022 Awnings [not of metal]
These are awnings not of
metal - metal awnings are in Class 6. On 05-31-12, the 07-20-2004 entry was
modified by inserting the bracketed wording to make clear the nature of the
goods. 06-18-2015: An awning is a piece of cloth on a frame that sticks out
over a door or window and provides shelter from sun, rain or snow.
022 Awnings not of metal
On 05-31-2012, the
01-02-1997 entry was deleted because it is covered by “Awnings [not of metal]”
in Class 22 and because it gives the mistaken impression that the material
composition of the goods is relevant for classification purposes. Although
this wording has been deleted, it is still acceptable in Class 22.
022 Awnings of fabric
On 05-31-2012, the 02-20-1996
entry was deleted because it is covered by “Awnings [not of metal]” in Class
22 and because it gives the mistaken impression that the material composition
of the goods is relevant for classification purposes. Although this wording
has been deleted, it is still acceptable in Class 22.
006 Awnings of metal [building materials]
On
05-31-2012, this 02-20-1996 entry was modified by inserting the bracketed
wording to make clear the nature of the goods and the justification for
classifying them in Class 6.
022 Awnings of plastic
On 05-31-2012, the 02-20-1996
entry was deleted because it is covered by “Awnings [not of metal]” in Class
22 and because it gives the mistaken impression that the material composition
of the goods is relevant for classification purposes. Although this wording
has been deleted, it is still acceptable in Class 22.
029 Baba ghanoush
Baba ghanoush (also known as “baba
gannoujh”) is a thick purée of aubergines (eggplant), tahini, olive oil, lemon
juice, and garlic, originating in North Africa and the Mediterranean.
005 Babies' diapers of paper
On 1-1-2012, this entry
of 7-20-2004 was transferred from Class 16 to Class 5 pursuant to the 10th
Edition of the Nice Agreement.
005 Babies' napkin-pants [diaper-pants]
These goods
are in the Nice Alphabetical List. These goods were transferred from Class 16
to Class 5 pursuant to the 10th Edition of the Nice Agreement.
025 Babies' trousers
On 01-01-2016, this 01-01-2012
entry was amended from “Babies’ pants [clothing]” to “Babies’ trousers” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
030 Babkas
Babka is a type of cake traditionally
containing rum, raisins, orange-peel and almonds.
025 Babushkas
04-30-2015: A babushka is a usually
triangularly folded kerchief for the head.
025 Baby bibs not of paper
Using the term “bibs” by
itself in Class 25 can include ski bibs and bib overalls. Paper baby bibs are
in Class 16.
024 Baby blankets that may be used with {specify, e.g.,
strollers, car seats, etc.}
Baby blankets is acceptable wording;
further specification is acceptable, but it is not required.
005 Baby diapers
These goods are in Class 5 in the
Nice Alphabetical List under the 10th Edition of the Nice Agreement.
005 Baby foods
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Baby lotion
These refer to non-medicated lotions.
Medicated lotions are in Class 5.
003 Baby oils
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Baby powders
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
045 Baby sitting
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
021 Baby trainers [chamber pots]
10/23/08 - Deleted
because it causes confusion with training pants for babies. Use “potties for
children” instead of this.
018 Backpacks incorporating jackets
Backpacks
incorporating jackets function primarily as all-purpose carrying bags. The
jacket component of the goods is the means for carrying the bag on one’s
back.
009 Backplanes
A backplane a circuit board to which
the main circuit boards of a computer may be connected.
042 Backup services for computer hard drive data
On
07-18-2013, the 09-13-2007 entry was modified to replace “Back-up” with
“Backup” in order to make the spelling of the wording consistent among Class
42 Manual entries for more uniform search results.
020 Bagasse boards
Bagasse is the pulp that remains
after juice is extracted from sugarcane. Bagasse boards are typically used as
a substitute for plywood for making partitions, furniture, and other
goods.
004 Bagasse for use as fuel
Bagasse is the pulp that
remains after juice is extracted from sugarcane.
001 Bagasse pulp for use in the manufacture of paper
Bagasse is the pulp that remains after juice is extracted from sugarcane.
045 Baggage handling inspections for airlines
This
entry was transferred from Class 42 to Class 45 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
007 Bagging machines
Bagging machines are industrial
machines used in a wide variety of industries for automatically filling
commercial bags and packaging with commercial products, such as chemicals,
soil, concrete, rice, among other things.
022 Bags (Polyethylene)
This entry was deleted
because it included bags that were classified in other classes, e.g., plastic
bags for packaging in Class 16.
018 Bags [envelopes, pouches] of leather for packaging
On 09-18-2014, this 07-30-2009 entry was amended from “Bags [envelopes,
pouches] for packaging of leather” to the current entry to justify
classification in Class 18.
008 Bags and cases specially adapted for holding or carrying
electric hair curling irons
On 1-1-2012, this Class 9 electric or
electrothermic apparatus entry of 6-23-2011 was transferred to Class 8 (the
class of its non-electric counterparts), pursuant to the 10th Edition of the
Nice Agreement. Accordingly, the bags and cases specially adapted for such
goods were also transferred to Class 8.
022 Bags for commercial use (General Utility)
This
entry was deleted because it included bags that were classified in other
classes, 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 the 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 classes,
e.g., plastic bags for packaging in Class 16.
005 Bait stations sold filled with rodenticides
“Bait
stations sold empty for feeding rodenticides to rodents” are classified in
Class 21.
030 Baked Alaska
Baked Alaska is a dessert food
consisting of ice cream and cake topped with browned meringue.
030 Baking powders
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
030 Baking soda [bicarbonate of soda for baking purposes]
Modified existing entry to add the information in brackets in the Nice
Agreement
025 Balaclavas
05-07-2015: A balaclava is a warm hat
that covers the head, neck, and most of the face.
028 Balance boards for improving strength, toning,
conditioning, balance, and proprioception
On 02-28-2013, the
04-24-2008 entry was modified by deleting “Sporting goods, namely, a sports
training device to improve” and inserting “Balance boards for improving” to
make clear the nature of the goods. General descriptions of sports training
devices are indefinite and must provide sufficient information about the
function and/or purpose of the goods to support classification in Class 9 as
electronic or computer software-based training apparatus or Class 28 as sports
articles.
012 Balancing weights for vehicle wheels
11-10-2011:
While this wording is still acceptable, the 06-01-2001 entry is being deleted
from the Manual because it is covered by the existing entry “Balance weights
for vehicle wheels” in Class 12. 07-25-2013: Acceptable entry changed from “D”
deleted to “X” example status.
019 Balcony enclosures
These items are not made of
metal. Metal balcony enclosures would be in Class 6.
007 Ball bearings for use in machines, namely, {indicate type
of machine}
9-17-09 - the 4-2-91 entry was changed from “ball
bearings for {indicate specific use or application}” to the present language.
Only ball bearings used in Class 7 machinery are in Class 7. Ball bearings for
specific use in other equipment will be in the classes of the equipment in
which they're used, e.g., medical equipment in Class 10, fitness equipment in
Class 28.
007 Ball rings for bearings for machines, namely, {indicate
type of machine}
9-17-09 - the 4-2-91 entry was changed from “Ball
rings for bearings for {indicate specific use or application}” to the present
language. Only ball bearings used in Class 7 machinery are in Class 7. Ball
bearings for specific use in other equipment will be in the classes of the
equipment in which they're used, e.g., medical equipment in Class 10, fitness
equipment in Class 28.
007 Ball valves being parts of machines
Note that
manually operated metal valves are in Class 6; automatic control valves are in
Class 9; valves for plumbing 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.
010 Balloon catheters
Catheters is acceptable
wording; further specification is acceptable, but it is not required.
009 Baluns
Baluns are electrical transformers for
connecting unbalanced electrical circuits to balanced ones.
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 composition. Curtains, however, remained in
Class 24. This text of this item was changed from “curtains” to “blinds” in
order to avoid confusion.
030 Bananas Foster
Bananas Foster is a dessert made
from bananas and vanilla ice cream, with a sauce made from butter, brown
sugar, cinnamon, dark rum, and banana liqueur.
007 Band brakes being machine elements not for land
vehicles
On 11-12-2015, this 07-20-2004 entry was modified to replace
“[machine elements not for land vehicles]” with “being machine elements not
for land vehicles” in order to clarify the purpose of the goods. Band brakes
for land vehicles are classified in Class 12.
012 Band brakes [for land vehicles]
On 11-12-2015,
this 07-20-2004 entry was deleted because the goods are already covered by the
existing Manual entry “Band brakes for land vehicles” which clearly indicates
the purpose of the goods. Band brakes which are machine elements not for land
vehicles are classified in Class 7.
025 Bandanas
03-17-2016: The term “bandanas” may also
be spelled as “bandannas.”
025 Bandeau tops
05-07-2015: A bandeau top is a band
of fabric that covers the bust.
013 Bandoliers for weapons
Bandoliers are belts for
holding bullets that are worn over the shoulder and across the body.
015 Bandonions
Bandonions are small accordion-like
musical instruments.
043 Bar and cocktail lounge services
On 10/06/2011,
this 6/04/2009 entry was deleted because it is covered by the separate
listings of “bar services” and “cocktail lounge services.” 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Bar and restaurant services
On 10-6-2011, this
11-29-2007 entry was deleted because it is covered by the separate listings of
“Bar services” and “Restaurant services.” 07-25-2013: Acceptable entry status
changed from “D” deleted to “X” example.
020 Bar carts
A bar cart is a small table on wheels
that is outfitted for serving drinks.
016 Bar code labels
Note added on 1-5-2012. These are
paper labels. Plastic bar code labels are in Class 20.
009 Bar code printers
01-01-2016: Bar code printers
in Class 9 print bar codes onto paper, labels or the like. In contrast, 3D
printers are additive manufacturing machines that create or build
three-dimensional solid objects by laying down successive layers of material,
and thus, are classified as “machines” which is in the Class Heading for Class
7.
043 Bar services
This entry was transferred from
Class 42 to Class 43 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
027 Barbecue grill floor mats
Floor mats is
acceptable wording; further specification is acceptable, but is not
required.
021 Barbecue mitts
On 01-01-2015, this 04-02-1991
entry was transferred from Class 24 to Class 21 in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
006 Barbed wires
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
028 Barbell neck protectors
Barbell neck protectors
are pads, often of foam, which are fitted to a barbell to provide cushioning
for the neck while weight lifting.
028 Barbell pads
Barbell pads are fitted to barbells
to provide additional grip support and cushioning of the shoulders, neck,
etc., while weight lifting.
044 Barbershops
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
009 Barcode scanner
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
015 Barrel organs
Barrel organs are musical
instruments that make music by rotation of a revolving cylinder studded with
pegs or pins.
026 Barrettes [hair-slides]
On 01-01-2015, this
07-20-2004 entry was deleted because it is encompassed by the existing ID
Manual entries “Barrettes” and “Hair barrettes.” Under the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015, the Nice
Alphabetical List entry “Barrettes [hair-slides]” was amended to “Hair
barrettes.” This entry was deleted to align the USPTO ID Manual with the
amended Alphabetical List entry.
028 Baseball and softball rubbing mud
On 9-13-2012,
the 8-1-2004 entry “Mud, namely, baseball and softball rubbing mud” was
amended to “Baseball and softball rubbing mud.”
028 Baseball and softball throwing aid in the nature of a
glove
10-10-2013: Entry status changed from “A” added to “X”
example.
002 Baseball and softball training apparatus in the form of
aerosol sprays used to make visible impressions on bats
10-03-2013:
Entry status changed from “A” added to “X” example.
009 Baseball and softball training apparatus using sensors and
software to analyze bat swings and electronically display results
On
02-28-2013, the 10-01-1994 entry was modified by deleting “used {indicate
specific purpose},” inserting “using sensors and software to analyze bat
swings and electronically display results,” and transferred to Class 9.
General descriptions of sports training devices are indefinite and must
provide sufficient information about the function and/or purpose of the goods
to support classification in Class 9 as electronic or computer software-based
training apparatus or Class 28 as sporting articles.
028 Baseball bats and baseball batting tees
On
02-28-2013, this 12-31-2009 entry was modified by deleting “Body-training
apparatus and devices for physical exercises, namely,” and replacing “swing
training devices” with “batting tees” to make clear the nature of the goods
and the reason for classification in Class 28.
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.
037 Basement waterproofing
The waterproofing in Class
37 is the application of some kind of layer or coating to a surface. The
waterproofing in Class 40 is actually a transformation of the underlying goods
so they themselves are waterproof and are not just protected by a painted or
sprayed on barrier.
030 Bases for bakery goods
11-12-2015: Bases are
similar to mixes; these are not durable housewares.
029 Bases for making milk shakes
On 1-1-2012 this
entry of 4-2-1991 was transferred from Class 30 to Class 29 pursuant to the
10th Edition of the Nice Agreement because these are bases for making
milk-based beverages.
021 Basins in the nature of bowls
On 10-20-2016, this
04-02-1991 entry was modified from “Basins [bowls]” to “Basins in the nature
of bowls” to incorporate the information within the brackets to justify
classification in Class 21.
021 Basins in the nature of receptacles
On
10-20-2016, this 12-13-2007 entry was modified from “Basins [receptacles]” to
“Basins in the nature of receptacles” to incorporate the information within
the brackets to justify classification in Class 21.
021 Baskets for domestic use
Baskets for domestic use
are classified in Class 21 regardless of the material composition of the
baskets because they are a type of household container.
015 Bassoon
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
001 Bast pulp
Bast is a fibrous material found in
tree bark. Similar to wood pulp, bast pulp is a raw material for use in
manufacturing. Wood pulp is in the Nice Alphabetical List in Class 1, and by
analogy, bast pulp is also in Class 1.
021 Basting spoons [cooking utensils]
On 01-01-2015,
this 06-14-2012 entry was amended to replace “for kitchen use” with “[cooking
utensils]” to reflect the modification of the Alphabetical List entry “Basting
spoons, for kitchen use” to “Basting spoons [cooking utensils]” under the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
003 Bath bombs
Bath bombs are hard-packed mixtures of
chemicals such as carbonates and scents which effervesce when wet, and are
used to add scent or color to bath water.
003 Bath foams
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Bath lotion
These refer to non-medicated lotions.
Medicated lotions are in Class 5.
003 Bath melts
Bath melts are shaped, cosmetic bath
preparations that dissolve in water and generally feature oils or butters.
003 Bath oils
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
011 Bath screens
Bath screens are screens typically
made of glass or plastic that are fitted to the open side(s) of bathtubs and
used to contain water while showering.
011 Bath tub jets
On 05-17-2012, the spelling of the
06-01-2001 entry “bathtub jets” was changed to the Trilateral approved entry
“bath tub jets.”
003 Bathing lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
011 Bathtub enclosures
Does not include plumbing
fixtures
009 Battery chargers for use with {specify type of battery or
equipment, e.g., vehicle batteries, mobile phones, etc.}
Battery
chargers is acceptable wording; further specification is acceptable, but it is
not required.
009 Battery separator films
Battery separator films,
also called “battery separators,” are permeable membranes between a battery's
two electrodes to prevent electrical short circuit. These goods are classified
in Class 9 because they are component parts of batteries.
021 Battery-powered applicators for applying cosmetics to
eyelashes
On 07-19-12, this 02-17-2011 entry was transferred from
Class 9 to Class 21. “Cosmetic utensils” are in the Alphabetical List in Class
21, and electric goods are now in the same class as their non-electric
counterparts pursuant to the 10th edition of the Nice Classification
System.
013 BB guns
BB guns are a type of air gun that
functions as weaponry to fire projectiles, typically metal pellets via
propellant force, and are classified in Class 13 because they are analogous to
firearms which is in the Class 13 Heading.
025 Beachwear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
028 Bean bags
This refers to bean bag toys. Bean bag
chairs are in Class 20.
030 Bean flour
10-31-2013: This entry of 05-26-2011
was reclassified from Class 29 to 30 on the basis that “bean meal” is in the
Nice Alphabetical List in Class 30. When used in food either as thickening
agents or to prepare foods for individuals who cannot eat grain-based flour,
such goods are in Class 30.
026 Beard nets
Beard nets are classified in Class 26
because the term “Hairnets” is in the Nice Alphabetical List in Class 26.
026 Beard restraints for the food service industry
Beard restraints for the food service industry are classified in Class 26
because the function of the goods is to contain facial hair and other
particles. Fully containing the beard under the restraint prevents
contamination of food in commercial kitchens and restaurants. The function of
the goods is similar to “Hairnets,” which is in the Nice Alphabetical List in
Class 26.
011 Beauty and cosmetic sterilizing pouches
On
03-14-2013, this 06-01-2001 entry was properly reclassified from Class 10 to
Class 11 with other non-medical purposed sterilizing pouches.
003 Beauty beverages, namely, fruit juices and energy drink
containing nutritional supplements, vitamin and mineral supplements,
nutritional additives for use in foods and dietary supplements for human
consumption, plant and herb extracts for cosmetic purposes and made available
through health care and beauty product categories
9-24-09 - The
4-30-09 entry was deleted because it was found to be confusing. It appears to
incorporate various products, not just one. It has been broken down with
modification of the language into separate items. Note that this ID should be
accepted in applications filed on or before 9/24/09 - the effective date of
this deletion.
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.
044 Beauty consultation services in the selection and use of
cosmetics, fragrances, beauty aids, personal care products, and bath, body and
beauty products
09-05-2013: Entry status changed from “A” added to
“X” example.
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.
020 Beauty salon furniture
Furniture is acceptable
wording; further specification is acceptable, but it is generally not
required. Certain furniture is classified in other classes based on the
specialized use of the goods, e.g., laboratory furniture in Class 9, furniture
especially made for medical purposes, in Class 10, and combination hair dryers
and chairs for use in beauty salons, in Class 11.
044 Beauty salons
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
024 Bed canopies
07-12-12: These goods are classified
in Class 24 because they are so closely related to and travel in the same
trade channels with bed sheets, duvet covers, comforters, pillow cases, shams,
dust ruffles, and other bed cover-related goods in Class 24.
024 Bed sheets of plastic, not being incontinence sheets
Bed sheets is acceptable wording; further specification is acceptable,
but it is not required.
024 Bed sheets, fitted bed sheet covers, bed flat sheets, and
pillow cases used in the bedding, health care, home-health care and nursing
home industries made of biodegradable film created from renewable bio-polymer
resources
08-13-2015: Status of entry changed from “A”-Added to
“X”-Example.
043 Beer garden services
Beer gardens are taverns,
typically outdoors, where beer and other alcoholic beverages are served.
040 Beer making and brewing services [for others]
Beer making and brewing must be done for others to constitute a service.
Brewing one's own alcohol for later retail distribution is not a service under
the Trademark Act. Note that restaurants featuring beer that is brewed on the
premises, known as brewpubs, are classified in Class 43.
007 Beer pumps
Beer pumps are devices used to draw
beer from a cask or similar container. “Beer pumps” and “apparatus for drawing
up beer under pressure” appear in the Nice Alphabetical List in Class 7.
032 Beers
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
032 Beer-based cocktails
Alcoholic cocktails made
from Class 32 beverages (e.g., beer, ale, porter, etc.) are classified in
Class 32. Alcoholic cocktails with a distilled spirits or wine base are
classified in Class 33.
044 Behavioral health services in the nature of {specify the
behavioral health services that are being performed, e.g., outpatient
treatment, medication monitoring, etc.} services
Behavioral health
services is acceptable wording; further specification is acceptable, but it is
not required.
007 Bellows being machines
On 01-01-2015, this
11-08-2007 entry for “bellows [machines]” was amended to add the bracketed
wording to make clear the rationale for classification in Class 7, and in
compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
009 Bellows for cameras
On 01-01-2015, this
07-20-2004 for “bellows [for cameras]” was amended to add the bracketed
wording to make clear the rationale for classification in Class 9, and in
compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
026 Belt buckles [for clothing]
10-03-2013: Entry
status changed from “A” added to “X” example.
026 Belt buckles not of precious metal [for clothing]
10-03-2013: Entry status changed from “A” added to “X” example.
026 Belt buckles of precious metal [for clothing]
This entry was transferred from Class 14 to Class 26 pursuant to the 9th
edition of the Nice Agreement.
013 Belts for military equipment
Deleted because
military equipment can include items that are not in Class 13 so the belts for
holding them would not be in Class 13, e.g., canteens, mess kits, flashlights,
knives, binoculars, etc.
025 Belts that are designed to accommodate pregnancy size
changes
10-10-2013: Entry status changed from “A” added to “X”
example.
007 Bending machines
Bending machines are used to
bend metal, wood, or other materials.
007 Bending machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Bending machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
021 Bento boxes
Bento boxes are small containers,
which are traditionally box-shaped, but are now commonly found in a variety of
shapes, that are used for packing a single-portioned meal (typically,
lunch).
006 Beryllium [glucinium]
Beryllium is a chemical
element that is a metal, and Beryllium [glucinium] appears in the Alphabetical
List in Class 6.
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 Beveled hand tool in the nature of a squeegee for
spreading and leveling paint and wax products on cars, motorcycles, planes and
boat panels
01-28-2014: Entry status changed from “A” added to “X”
example.
008 Bevels (Hand tools, namely)
This was deleted
because a bevel is not a hand tool, it is a measuring apparatus. The item
“Measuring apparatus, namely, bevels“ was added in Class 9.
005 Beverages containing {specify ingredients, e.g.,
probiotics, prebiotics, vitamin C, etc.} for use as a nutritional
supplement
Beverages containing {specify ingredients, e.g.,
probiotics, prebiotics, vitamin C, etc.} for use as a nutritional supplement
are classified in Class 5 because they are used as a nutritional supplement,
and nutritional supplements are classified in Class 5. Identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
011 Beverage-cooling apparatus
1-1-2012 This entry of
11-15-2007 has been amended from “Beverages cooling apparatus” to
“Beverage-cooling apparatus” pursuant to a translation issue in the 10th
Edition of the Nice Agreement.
030 Bialys
Bialys are flat, round bread rolls that
are topped with onion flakes.
012 Bicycle cue sheet holders
Bicycle cue sheet
holders are used for holding and displaying course maps which are mounted or
attached to the bar or stem of a bicycle.
012 Bicycle pedal accessories, namely, {specify, e.g., clips,
cleats, straps, etc.}
Bicycle reflectors are in Class 11.
006 Bicycle racing number plates made of metal
This
was transferred from Class 12 since they are analogous to license plates for
vehicles - they do not become part of the bicycle so must be classified by
material composition. Non-metal number plates are in Class 20.
039 Bicycle sharing services
Bicycle sharing is a
service in which bicycles are made available for shared use to individuals on
a very short term basis.
012 Bicycle stands [kickstands]
06-17-10 The wording
“[kickstands]” was inserted to clarify the nature of the goods.
006 Bicycle storage racks of metal
Bicycle storage
racks are classified by material composition because they are analogous to
small structures.
019 Bicycle storage racks, not of metal
Bicycle
storage racks are classified by material composition because they are
analogous to small structures.
012 Bicycle tires
Tires is acceptable wording;
further specification is acceptable, but it is not required.
025 Bicycling gloves
Moved from Class 28.
025 Biketards
A biketard is a one-piece garment with
shorter legs than a unitard, used for gymnastics, dance, exercise and other
physical activities.
008 Billhooks
A billhook is a hand-operated tool with
a curved or hooked blade at one end, for pruning and cutting.
008 Bill-hooks
Bill-hooks are hand-operated tools
with sickle-shaped blades used for pruning or lopping branches or other
vegetation.
035 Bill-posting
Bill-posting refers to dissemination
of advertising material by sticking advertising posters or displays to walls,
fences, or other surfaces.
005 Biochemical preparations for medical or veterinary
purposes
8-19-10 - This 7/20/04 trilateral entry has proved to be too
broad under USPTO standards of specificity required for an identification of
goods of this type. The disease or condition treated or diagnosed needs to be
indicated to meet the specificity standard for IDs in the USPTO.
004 Biofuel
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
005 Biological and chemical preparations and reagents for
medical or veterinary use
9-6-07 - This was a 7/20/04 trilateral
entry, but it has proven to be too broad under USPTO standards of specificity
required for an identification of goods of this type.
005 Biological implants, namely, a vital processed human or
animal connective tissue
Implants consisting of artificial or
synthetic materials are in Class 10
005 Biological preparations for medical purposes
8-12-10 - This 7/20/04 trilateral entry has proven to be too broad under USPTO
standards of specificity required for an identification of goods of this
type.
009 Biological safety cabinets
Biological safety
cabinets are enclosed, ventilated laboratory cabinets used as workspaces when
handling materials contaminated or potentially contaminated with certain
pathogens.
040 Biomedical and biohazardous waste management and disposal
by use of sterilization devices to convert waste to solid noninfectious
waste
04-17-2014: The use of the term “disposal” in this ID refers to
the destruction or decontamination of biomedical and biohazardous waste.
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.
009 Biometric fingerprint door locks
On 09-29-2016,
this 10-05-2006 entry was modified by replacing “lock” with “locks” to match
the TM5 approved entry.
005 Biostatic antimicrobial preparations for treating
bacteria, mold, mildew, algae and yeast and for inhibiting growth of those
organisms
03-07-2013 - Antimicrobial preparations are in Class 5
because “Disinfectants” is in the Nice Alphabetical List in Class 5. On
03-14-2013, this 03-07-2013 entry was changed from “Biostatic antimicrobial
preparations for treating and preventing the growth of bacteria, etc.” to the
current wording to make clear the nature of the goods and the justification
for classifying them in Class 5. These finished products are classified in
Class 5 because they function as “biocides,” which are in the Nice
Alphabetical List in Class 5. “Biocides” are, by definition, chemicals capable
of destroying living organisms. Therefore, the inhibiting function of the
goods is ancillary to its primary function of treating the organisms.
003 Biotechnological chemical and spray cleaners for
industrial and household applications such as stain removal, odor elimination,
and bioremediation of many types of organic and hydrocarbon-based
materials
11-28-2013: Entry status changed from “A” added to “X”
example.
003 Biotechnological cleaning solution for eliminating odors,
breaking down organics, and removing stains
11-28-2013: Entry status
changed from “A” added to “X” example.
001 Biotechnologically-formed genes, microbes and enzymes for
use in the production of agricultural seeds to enhance plants' growth
therefrom
On 09-29-11 this 08-01-04 entry was changed from
“biotechnology formed” to “biotechnologically-formed”
005 Biscuits, bread, bread rolls, cakes, cereal products,
confectionery, crackers, noodles, fish sauce, relish, sauces, cereal-based
snack-foods and prepared dietary items all of which are gluten -free to
accommodate special medical and health conditions
3/12/09 - “all of
which are” added to original 3/1/06 ID to make it clear that all of the items
in the ID are for special adapted for medical and health conditions. 1-1-2012
This entry of 3-1-2006 was deleted because it is no longer acceptable under
the Tenth Edition of the Nice Agreement, which requires either specification
that dietetic substances in Class 5 are adapted for medical use or other
wording to make clear that the substance is for the treatment of a medical
condition. The nature of the food or beverage (e.g., bread, tea, etc.) must
also be specified in the identification.
005 Bismuth subnitrate for pharmaceutical purposes
Bismuth subnitrate is a basic salt used as an astringent or antiseptic.
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
005 Bitter tasting pet training aid in the form of a spray to
prevent pets from licking, chewing and biting on objects
3-4-10 - The
9-13-07 entry was transferred from Class 18 since this is more in the nature
of a repellent than Class 18 animal training equipment.
022 Bivouac sacks
These goods are lightweight,
waterproof shelters for sleeping bags, and they are generally considered
alternatives to camping tents.
009 Bivouac sacks, namely, wind and water resistant bags into
which a person can fit to protect themselves from exposure to the elements
On 9-27-2012, this 07-01-2004 entry was deleted from Class 9 because
these goods are primarily in the nature of lightweight, waterproof shelters
for sleeping bags, and they are generally considered lightweight alternatives
to camping tents. Although they might have been originally intended for
emergency weather protection, bivouac sacks are now commonly used by hikers
and campers, and they are widely available for non-emergency use. “Bivouac
sacks” has been added to the Manual in Class 22.
002 Black japan
Black japan (also called Japan black)
is a lacquer or varnish.
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 flash memory cards
On 09-05-2013, this
entry of 06-01-2003 was amended from “Flash memory card” to “Blank flash
memory cards.”
009 Blank hard drives for computers
The word “blank”
was added to the ID - it is becoming more and more common to produce hard
drives that have subject matter on them, particularly when the subject matter
is a very large volume of data.
009 Blank near field communication (NFC) tags
On
09-22-2016, this 12-18-2014 entry was modified to add “Blank” in order to
clarify the nature of the goods.
009 Blank smart cards embedded with transponders
“Blank smart cards” is an acceptable identification; further specification is
acceptable, but it is not required.
009 Blank USB flash drives
2-24-11 - 1-13-11 entry
was changed to require that ID indicate that the flash drives are blank
instead of having a “not pre-recorded” notation in brackets. This is
consistent with other flash drive entries in the Manual.
016 Blister packs
Blister packs are plastic packaging
materials consisting of a transparent, molded piece of plastic sealed to a
sheet of cardboard for packaging and displaying merchandise.
044 Blood banks
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.9-11-08 - This service is for the
collection and provision of blood for medical purposes. Other aspects of such
a bank are ancillary - processing, treatment, storage, etc. - and would be in
other classes such as 39 or 40 if specified as a separate activity of the
bank. Also, if the purpose of the bank is to provide blood for research or
education purposes, the service would be in Class 42 with a clear
specification of that limitation.
010 Blood collection bags for medical purposes [sold
empty]
Blood collection bags sold filled with blood for medical
purposes would be classified in Class 5 because blood for medical purposes is
classified in Class 5.
010 Blood containers for medical purposes [sold empty]
Blood containers sold filled with blood for medical purposes would be
classified in Class 5 because blood for medical purposes is classified in
Class 5.
005 Blood containers for veterinary and human medical and
clinical use sold filled with a platelet additive solution
These
goods are classified in Class 5 because they are sold filled with a platelet
additive solution which is classified in Class 5.
010 Blood storage bags for medical purposes [sold empty]
Blood storage bags sold filled with blood for medical purposes would be
classified in Class 5 because blood for medical purposes is classified in
Class 5.
010 Blood tubing sets for medical purposes [sold empty]
Blood tubing sets sold filled with blood for medical purposes would be
classified in Class 5 because blood for medical purposes is classified in
Class 5.
016 Blotter
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
029 Blue mussels, not live
On 1-31-2013, the
7-20-2004 entry “Blue mussels [not live]” was modified to incorporate the
bracketed wording into the identification. Live blue mussels are classified
in Class 31.
040 Blueprinting
These services were transferred to
Class 40 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement. It is a chemical developing activity similar to
the Class 40 activity of photographic film developing.
043 Boarding house services
01-01-2002: This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Boarding houses” to
“Boarding house services” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
041 Boarding school education
On 01-01-2016, this
08-01-2005 entry was amended from “Boarding schools” to “Boarding school
education” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
020 Boards (Sign)
Entry is indefinite. Signboards are
classified by material composition.
025 Boaters
A boater is a straw hat with a brim.
012 Boats and structural parts therefor
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
028 Bob-sleighs
1-01-2014 Bob-sleighs, also called
bobsleds, are sports articles commonly used for racing. “Bob-sleighs” appears
in the Nice Alphabetical List in Class 28.
003 Body and beauty care preparations
Entry deleted
and trilateral designation removed because “body care preparations” 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. 09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
010 Body limb compression sleeves for use in soccer and other
sports
On 01-01-2015, this 03-22-2007 entry was transferred to Class
10 pursuant to the addition of “compression garments” in Class 10 of the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Whether
the goods are intended for non-medical or athletic use does not control
classification.
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 milks
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Body oils
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Body sprays, namely, water in atomized containers used to
produce a cooling effect
11-28-2013: Entry status changed from “A”
added to “X” example.
025 Body suits
Body suits may also be spelled
“bodysuits.”
003 Body wash [for humans or animals]
If this term is
used in association with automotive cleaning preparations, it is a registered
mark in Reg. No. 1654082
003 Body washes
Limited to washes used on humans or
animals. The term is a registered mark as applied to goods for washing cars
and should not be used as a generic term in that context. 10-29-09 - There is
another registration for BODY WASH on the Supplemental Register for shampoo
and cleansing preparations. Therefore, the limitation suggested above does not
justify the use of the term in an ID as generic terminology. Therefore, it has
been deleted from the Manual.
045 Bodyguard services
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
025 Bodysuits
Bodysuits may also be spelled “body
suits.”
044 Bodywork therapy services, namely, {specify the type of
therapy service provided, e.g., craniosacral, acupressure, massage, etc.}
therapy
“Bodywork therapy” is an acceptable identification; further
specification is acceptable, but it is not required.
044 Bodywork therapy services, namely, structural integration
therapy and movement therapy
09-05-2013: Entry status changed from
“A” added to “X” example.
028 Body-training apparatus for {indicate purpose, e.g.,
strengthening legs, toning arms, etc.}
Body training apparatus
appears in the Nice Alphabetical List in Class 28 and refers to physical
exercise equipment. This entry gives users the option to further specify the
nature of the goods.
028 Body-training apparatus
02-28-2013 - This wording
appears in the Nice Alphabetical List in Class 28 and refers to physical
exercise equipment.
024 Bolting cloth
06-04-2015: Bolting cloth is a
sturdy fabric, usually of fine silk or nylon mesh, used chiefly in serigraphy,
embroidery, and as a foundation fabric for wigs.
030 Bombe glacée
Bombe glacée is an ice cream
dessert, often lined or filled with custard and/or cake crumbs, that is frozen
in a spherical mold.
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 others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
020 Book holders
On 01-01-2014, this 04-02-1991 entry
“book holders” was transferred from Class 16 to Class 20, based on discussions
at the 23rd Session of the Nice Committee of Experts meeting that “Book
holders” are analogous to the Nice Alphabetical List entry “Book rests
[furniture]” in Class 20.
016 Book markers of precious metal
This entry was
transferred from Class 14 to Class 16 pursuant to the 9th edition of the Nice
Agreement.
041 Book publishing
This refers to the service of
publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
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 8th edition of the Nice
Agreement.
007 Bookbinding machines
On 12-20-2012, this
7-20-2004 entry was deleted from the Manual because it is overly broad for
classification purposes. If the goods are used for industrial purposes, they
are classified in Class 7. If the goods are used for office purposes, they
are classified in Class 16. The entry “Bookbinding machines” was withdrawn
from the Approved Trilateral List in Class 7.
016 Bookbinding materials for creating hardcover books,
namely, book covers, crack-and-peel binding paper, reinforcement strips,
peel-and-stick labels, stapler and staples
09-05-2013: Status of
entry changed from “A”-Added to “X”-Example.
016 Books in the field of memory training activities sold as a
unit with two and three dimensional positionable figures
09-05-2013:
Status of entry changed from “A”-Added to “X”-Example.
009 Boom boxes
Boom boxes may also be spelled
“boomboxes.”
021 Boot trees [stretchers]
On 12-6-2012, the
04-02-1991 entry was amended by inserting the bracketed wording to make clear
the nature of the goods and to conform to the Nice Alphabetical List
entry.
008 Border shears
Border shears are longhandled
clipping-shears for trimming the edges of lawns.
009 Borescopes
A borescope is an optical device that
is typically used for inspection work where the area to be inspected is small,
narrow, or difficult to see.
013 Boresighters
These goods are attached to the
barrel of the firearm, e.g., rifle, to line up the barrel with the sight or
scope.
007 Boring machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Boring machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
029 Botifarra sausages
The term “botifarra” may also
be spelled “butifarra.”
039 Bottle and can collection for recycling
On
01-01-2016, this 04-02-1991 entry was transferred from Class 37 to Class 39 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “collection of recyclable goods
[transport]” was added to the Alphabetical List in Class 39. These services
involve the transportation of goods for recycling.
021 Bottle sleeves composed of liquid-absorbing micro fiber
fabric
On 1-1-2012 this entry of 9-18-2008 was transferred from Class
26 to Class 21 pursuant to the 10th Edition of the Nice Agreement because the
covers are adapted to the goods that they contain.
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 Class 40 but that goes beyond just “bottling.”
003 Botulinum toxin for cosmetic use
1-14-10 - The
1-7-10 entry has been deleted because after further research, it has been
determined that botulinum toxin is a pharmaceutical that must be administered
by a health care professional by injection. Therefore, even if the end purpose
is cosmetic, the procedure is a medical procedure so the substance should be
classified in Class 5 only.
005 Botulinum toxin for medical use for use in the treatment
of {indicate specific condition or illness, e.g., excessive sweating,
excessive eye blinking, neuropathy pain, facial wrinkles }
1-14-10 -
The 1-17-10 entry has been amended to require the specific medical purpose of
the pharmaceutical since it is used to treat a wide variety of physical
conditions.
026 Bouffant caps for the food service industry
Bouffant caps for the food service industry are classified in Class 26 because
the function of the goods is to contain human hair and other particles. Full
containment of the head under the cap prevents contamination of food in
commercial kitchens and restaurants. The function of the goods is similar to
“Hairnets,” which is in the Nice Alphabetical List in Class 26.
005 Bouillons for bacteriological cultures
Bouillons
and all types of bacteriological nutritive media are in Class 5, whether they
are for medical, scientific, or research use, based on the wording Media for
bacteriological cultures and Bouillons for bacteriological cultures, which
appears in the Nice Alphabetical List in Class 5.
021 Bowls made of precious metal
This entry was
transferred from Class 14 to Class 021 pursuant to the 9th edition of the Nice
Agreement.
024 Box spring covers
Although fitted covers are
generally classified in the same class as the goods that they are intended to
cover, these covers are in Class 24 because the wording bed covers appears in
the Class 24 Heading.
021 Boxes for dispensing paper towels for household use
On 12-6-2012, the 04-02-1991 entry was amended by inserting “for
household use” to make clear the nature of the goods and the justification for
classifying them in Class 21.
034 Boxes for electronic cigarettes and electronic cigarette
accessories
Boxes for electronic cigarettes and electronic cigarette
accessories are used to hold both electronic cigarettes and their accessories
and are classified in Class 34 by analogy to the entry “cigarette cases” in
the Nice Alphabetical List. “Boxes for electronic cigarette accessories” is
not acceptable wording because electronic cigarette accessories are classified
in multiple classes. Accordingly, “boxes for electronic cigarette accessories”
cannot be properly classified without further specification of the goods.
021 Boxes for sweetmeats
This entry is in the Nice
Alphabetical List in Class 21. For the US consumer, these goods are comparable
to household containers such as lidded candy dishes or similar dishware,
justifying classification in Class 21.
021 Boxes of precious metal for sweets
This entry was
transferred from Class 14 to Class 21 due to the restructuring that was
implemented in the 9th edition 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.
018 Boxes of vulcanised fibre
These goods appear in
the Nice Alphabetical List in Class 18. They are classified in Class 18
because they are substitutes for leather boxes or leather-board boxes which
are classified in Class 18.
045 Bra fitting for fashion purposes
These services
involve measuring a person to determine their appropriate bra size. These
services do not involve Class 40 tailoring or manufacturing services.
01-01-2015: Custom tailoring involves making clothing to the order or
specification of others and is classified in Class 40. Repair of clothing is
classified in Class 37.
009 Brackets adapted for setting up flat screen TV sets
On 04-10-2014, this 03-11-2010 ID was amended to delete the word
“specially” before the word “adapted” to make it consistent with other similar
entries for brackets in Class 9.
041 Braille transcription
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 and other
translation services 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 42 that was
implemented in the 8th edition of the Nice Agreement. This entry and other
translation services were transferred to Class 41 as a result of the
restructuring.
006 Branching pipes of metal
Branching pipes are
typically rigid plumbing pipes through which a liquid or gas substance flows.
The main pipe splits into 2 or 3 different arms like the branches of a
tree.
019 Branching pipes, not of metal
Branching pipes are
typically rigid plumbing pipes through which a liquid or gas substance flows.
The main pipe splits into 2 or 3 different arms like the branches of a
tree.
035 Branding services, namely, consulting, development,
management and marketing of brands for businesses and/or individuals
This January 2, 2009 entry was amended to add the wording “and/or
individuals.”
006 Brass, unwrought or semi-wrought
On 02-14-13, the
08-20-2009 entry was changed from “Unwrought or semi-wrought brass” to “Brass,
unwrought or semi-wrought” to align with the wording in the Nice Alphabetical
List. Both versions are acceptable under USPTO policy.
029 Braunschweiger
Braunschweiger is a type of liver
sausage.
030 Bread crumb
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
011 Bread-making machines
Bread-making machines are
classified in Class 11 because they are analogous to baking ovens.
003 Breath fresheners
On 12-03-2015, this 04-02-1991
entry was modified from “breath freshener” to “breath fresheners” to match the
TM5 approved entry.
010 Breathalyzers
On 02-02-2012, this 08-26-2010
entry was deleted from the Manual because it is a registered mark, see U.S.
Reg. No. 0661636, for an apparatus for measuring the alcoholic content of
individuals.
044 Breeding and stud services for {indicate type of animal,
e.g. cattle, horses}
This entry was transferred from Class 42 to
Class 44 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement.
044 Breeding of livestock for others, namely, seedstock
producers
09-05-2013: Entry status changed from “A” added to “X”
example.
044 Breeding services for {indicate specific animal, e.g.,
horses, cattle, etc.}
09-05-2013: Entry status changed from “A” added
to “X” example.
032 Brewed malt-based beers
On 09-11-2014, this
04-12-1999 entry was amended from “Brewed malt-based alcoholic beverage in the
nature of a beer” to the current ID for clarity.
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. 05-23-2013: This entry was deleted
and replaced by “beer making and brewing services [for others]” due to the
misunderstanding and misuse of “brewery services.” Restaurants featuring beer
brewed on premises, known as brewpubs, are in Class 43.
025 Bridal garters
Garters is acceptable wording;
further specification is acceptable, but it is not required.
030 Brittle
Brittle is candy made of caramelized
sugar spread in thin sheets and commonly features nuts.
014 Broaches being jewelry
On 11-12-2015, this
02-12-2009 entry was modified to replace “[jewelry]” with “being jewelry” in
order to clarify the use of the goods.
007 Broaches being machine tools
On 11-12-2015, this
07-20-2004 entry was modified to replace “[machine tool]” with “being machine
tools” in order to clarify the purpose of the goods.
007 Broaching machines for metalworking
On
06-25-2015, this 07-20-2004 entry was modified to incorporate the bracketed
wording “[for metalworking]” into the identification in order to clarify the
purpose of the goods.
024 Brocade
06-04-2015: Brocade is a fabric woven
with an elaborate design, especially one having a raised overall pattern.
025 Brogue shoes
Brogue shoes are heavy shoes,
similar to oxford shoes.
005 Bronchodilators
This ID covers the
bronchodilating preparations - a broncho dilator in the nature of a delivery
mechanism is in Class 10 unless sold filled with the preparation.
026 Brooches [clothing accessories - not imitation
jewelry]
12-02-2011: Deleted the 04-02-1991 entry and replaced it
with “Brooches for clothing” to make clear the distinction between brooches in
the nature of jewelry in Class 14 and brooches in the nature of clothing
accessories in Class 26.
026 Brooches for clothing
These goods are in the
nature of clothing accessories - not jewelry.
015 Buccins
Buccins are musical instruments
resembling stylized trombones. 08-01-2013: Buccins are in the Alphabetical
List of the Nice Classification System.
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.
024 Buckram
06-04-2015: Buckram is a stiff cotton
fabric used for interlinings in garments and in bookbinding.
012 Buffers for railway rolling stock
Buffers for
railway rolling stock are components of railway vehicle couplings used for
attaching railway vehicles to one another.
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 Class 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. Note that hotel management
for others is in Class 35.
006 Building materials, namely, in-wall trash and recyclable
containment system sold as a unit, namely, in-wall metal trash chute device
for mounting and spring-loaded chute doors
07-04-2013: Status changed
from “A” - Added to “X” - example.
029 Bulgogi, namely, marinated barbecued beef
On
01-05-2012, this 04-01-2010 entry was deleted because these goods are
represented in the Manual by the Trilateral entry, “Sliced and seasoned
barbequed beef [bulgogi]” in Class 29. 09-05-2013: Acceptable entry status
changed from “D” deleted to “X” example.
008 Bulk rice scoops
Bulk rice scoops in Class 8 are
generally used to transfer unspecified amounts of rice, for example, from a
bag to a container. These tools are commonly used in large scale food
preparation (but may also be used in household and non-commercial settings).
Bulk rice scoops in Class 8 are different from scoops and dishers in Class 21,
which are for serving or portioning foods such as ice cream, coffee, and
cookie dough. For classification purposes, the key distinction between scoops
in Class 8 and scoops in Class 21 is whether the scoops are for transferring
unspecified amounts of materials or foods, or for serving or portioning
foods.
008 Bulk scoops for {indicate, e.g., sugar, rice, candy,
etc.}
For classification purposes, the key distinction between scoops
in Class 8 and scoops in Class 21 is whether the scoops are for transferring
unspecified amounts of materials or foods, or for serving or portioning
foods.
008 Bulk sugar scoops
Bulk sugar scoops in Class 8
are generally used to transfer unspecified amounts of sugar, for example, from
a bag to a container. These tools are commonly used in candy manufacturing,
but may also be used in household and non-commercial settings. Bulk sugar
scoops in Class 8 are different from scoops and dishers in Class 21, which are
for serving or portioning foods such as ice cream, coffee, and cookie dough.
For classification purposes, the key distinction between scoops in Class 8 and
scoops in Class 21 is whether the scoops are for transferring unspecified
amounts of materials or foods, or for serving or portioning foods.
006 Bullet molds
1-20-11 - The 4-2-91 entry was
transferred from Class 13 because the item appears in the Nice Alphabetical
List in Class 6.
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
Transferred 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, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
035 Business administration of pharmacy reimbursement programs
and services
On 01-01-2015, this 07-01-2001 entry was amended to
replace “Administering” with “Business administration of” in order to clarify
the nature of the services in compliance with related changes under the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
035 Business administration of medication reimbursement
programs and services
On 01-01-2015, this 06-25-2009 entry was
amended to replace “Administering” with “Business administration of” in order
to clarify the nature of the services in compliance with related changes under
the Nice Classification, Tenth edition, version 2015, effective
01-01-2015.
035 Business administration of patient reimbursement
programs
On 01-01-2015, this 06-01-2004 entry was amended to add the
word “Business” in order to clarify the nature of the services in compliance
with related changes under the Nice Classification, Tenth edition, version
2015, effective 01-01-2015.
035 Business administration services in the field of {specify
field or industry, e.g., healthcare, transportation, etc.}
Business
administration is an acceptable identification; further clarifying the
particular field is permissible but not required.
035 Business administration of employee benefit plans
concerning legal services
On 11-28-2013, this 02-07-2013 entry was
deleted and replaced with a fill-in-the-blank entry because administration of
employee benefit plans, other than plans concerning insurance and finance, is
classified in Class 35 because the services involve only the organizing and
coordination of business functions.
035 Business advisory and consultancy services relating to
export, export services, export promotion information and services
10-7-10 - The word “Business” was added to the beginning of the ID, because
advisory services and consultancy services relating to export, export services
is broad enough to encompass advisory and consultancy regarding the actual
transport of goods in Class 39.
035 Business assistance services, namely, assisting health
care facilities and other companies with customer follow-up to improve
customer outcomes and satisfaction through the use of telecommunication
devices and computer networks with automated interaction and data feedback,
monitoring and compilation capacity
On 06-27-2013, the status of this
entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
035 Business assistance, advisory services and consultancy in
the fields of budgeting, bookkeeping, preparation and filing of claims,
preparation and filing of forms, bill paying, organizing and processing
paperwork, development of plan to achieve goals and referral services to
bereavement counselors
09-12-2013: Status changed from “A” - Added to
“X” - Example.
035 Business auditing
These services are classified
in Class 35 because they involve financial accounting and other business-type
activities in Class 35. Effective Jan. 1, 2013, auditing services are
classified in Class 35 when they involve accounting and other business-type
activities, and auditing services are classified in Class 42 when they involve
technical analysis and evaluation. The subject matter being audited does not
determine classification.
036 Business brokerage services and related consulting
pertaining to business sales, mergers, acquisitions and business
valuations
10-03-2013: Entry status changed from “A” added to “X”
example.
035 Business consultation in the field of business leadership
development
6-4-09 - “Business consultation” lead-in added to 11-1-04
entry to make it clear that this does not relate to training or education
services regarding leadership development. Such services would be in Class
41.
035 Business consultation in the field of telecommunications
expense management
09-26-2013: Entry status changed from “A” added to
“X” example.
035 Business consultation services to assist non-profit
organizations in planning, managing, and conducting fundraising activities via
a global computer network
09-26-2013: Entry status changed from “A”
added to “X” example.
035 Business consulting services relating to product
distribution, operations management services, logistics, reverse logistics,
supply chain, and production systems and distribution solutions
On
11-03-2011, this 08-01-2003 entry was deleted because, although acceptable, it
is covered by the fill-in entry for “Business consulting services in the field
of {indicate field or subject matter}.” 07-04-2013: The status of this
acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Business consulting service that provides transformational
strategies to companies wishing to move towards sustainability and socially
responsible business practices, provided mainly to the consumer products
industry
01-16-2014: Entry status changed from “A” added to “X”
example.
035 Business consulting services relating to the integration
of the areas of business process technology, organizational learning, change
management, and operational sustainability
09-26-2013: Entry status
changed from “A” added to “X” example.
035 Business consulting services related to monitoring,
controlling, and managing telepresence environments of others
09-26-2013: Entry status changed from “A” added to “X” example.
035 Business consulting and management in the field of
clinical trials, namely, management and compilation of computerized databases
in the field of clinical trials for business purposes
09-26-2013:
Entry status changed from “A” added to “X” example.
035 Business consulting services in the field of business
knowledge transfer through audio tools, namely, recording interviews with
subject matter experts for an organization's capture and future use
10-03-2013: Entry status changed from “A” added to “X” example.
035 Business consulting services in business leadership
development and business management
On 09-19-2013, this 06-05-2008
entry was modified from “Consulting services in business leadership
development and business management” to the current wording to make clear that
this service does not relate to training or education services regarding
leadership development. Such services would be in Class 41.
035 Business consulting services, namely, providing a turnkey
solution for reviewing product and service documentation and workflow,
managing projects for business purposes, tracking user satisfaction, and
running usability studies for business purposes
On 08-09-2012, this
06-17-2010 entry was deleted because “turnkey business solution” is indefinite
and overbroad. The term “turnkey solution” is often used in the technology
industry to describe pre-built computer systems with particular functionality
specified by the customer, and providing custom software development services
is in Class 42.
035 Business consulting services, namely, providing a turnkey
business solution for reviewing products and services, planning documentation
and workflow, hiring technical writers, managing projects for business
purposes, tracking user satisfaction, and running usability studies for
business purposes
On 08-09-2012, this 06-10-2010 entry was deleted
because “turnkey business solution” is indefinite and overbroad. The term
“turnkey solution” is often used in the technology industry to describe
pre-built computer systems with particular functionality specified by the
customer, and providing custom software development services is in Class
42.
035 Business consulting services in the fields of energy
measurement to improve energy efficiency within residential, commercial,
industrial and institutional facilities
On 06-27-2013, the status of
this entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
035 Business consulting and management in the field of
clinical trials, namely, clinical data and regulatory submission management on
behalf of medical, biopharmaceutical and biotechnology companies to assist
them with clinical research, clinical trials and applications for drug
approval
09-26-2013: Entry status changed from “A” added to “X”
example.
035 Business data analysis services in the field of {specify
field or industry, e.g., aviation, transportation, etc.}
Business
data analysis is acceptable in Class 35; further specification as to the field
or industry is acceptable, but is not required.
041 Business education and training services, namely,
developing customized in-company leadership and executive development
programs, providing executive coaching services, and providing public and
in-company keynote presentations to business leaders
On 8-25-2011,
the 12-24-2009 entry was deleted from the Manual because the wording is too
specific to be useful to a broad range of applicants and the word
“facilitating” is indefinite. The entry was replaced with a fill-in-the-blank
entry for “Business training in the field of {specify field, e.g., leadership
development, executive coaching, etc.}” 07-25-2013: Entry changed to remove
“and facilitating” and status changed from “D” deleted to “X” example.
041 Business education and training services, namely,
developing customized leadership and executive development programs, providing
executive coaching services, and providing business education programs to
employees and executives
On 8-25-2011, the 01-13-2011 entry was
deleted from the Manual because the wording is too specific to be useful to a
broad range of applicants and the word “facilitating” is indefinite. The
entry was replaced with a fill-in-the-blank entry for “Business training in
the field of {specify field, e.g., leadership development, executive coaching,
etc.}” 07-25-2013: Entry changed to remove “and facilitating” and status
changed from “D” deleted to “X” example.
036 Business equity research
07-14-2011 Scientific
research and research services directly related to tangible items, such as
cosmetics, pharmaceuticals, or new products, are classified in Class 42
because those research activities generally involve the science-based testing
and analysis of the physical properties of the item. On the other hand,
research services relating to an intangible subject matter are classified
according to the nature of the intangible. For example, business research,
research related to financial instruments, and legal research are classified
in Classes 35, 36, and 45 respectively.
035 Business information management, namely, electronic
reporting of business information, business analytics, namely, business
investigations, evaluations, expert appraisals, information and research,
trade spend business management
On 09-11-2014, this 02-05-2009 entry
was deleted because it is awkwardly worded and includes more than one type of
service.
035 Business intermediary and advisory services in the field
of selling products and rendering services
On 02-28-2013, this
07-20-2004 entry was deleted because it caused confusion as to the nature of
the service rendered. Business intermediary services typically involve the
valuation and sale of businesses, and are analogous to business “brokerage”
services which are classified in Class 36 of the Nice Alphabetical List. The
“business advisory” portion of the ID is covered by existing entries in the
Manual.
035 Business management consulting and advisory services for
the {indicate field of industry} industry
09-26-2013: Entry status
changed from “A” added to “X” example.
035 Business management and consulting services for the health
care industry, namely, customer service, accounting services, and marketing
services
1-1-2012 While this wording is still acceptable, the entry
of 7-30-2009 has been deleted from the Manual because it is covered by
existing entries. 10-03-2013: Acceptable entry status changed from “D” deleted
to “X” example.
035 Business management and consulting services for the health
care industry, namely, providing industry expertise and supplier
partnerships
09-26-2013: Entry status changed from “A” added to “X”
example.
035 Business management and consultation regarding in-house
building cleaning programs
09-26-2013: Entry status changed from “A”
added to “X” example.
035 Business management for the mobile veterinary practice of
others
08-01-2013: Acceptable entry status changed from “A” added to
“X” example.
035 Business management and consulting services for the health
care industry, namely, customer service, accounting services, and web-based
advertising and marketing services
1-1-2012 While this wording is
still acceptable, the entry of 11-22-2007 has been deleted from the Manual
because it is covered by existing entries. 09-26-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Business management consultation and services, namely,
managing and administering non-core functions, namely, mailing and shipping,
records management, information services, administration, payroll and
accounting, and telemarketing services
09-26-2013: Entry status
changed from “A” added to “X” example.
035 Business management consulting with relation to strategy,
financing, marketing, production, personnel and sale matters for companies
involved with thin film and nano technologies and plasma processes
1-1-2012 While this wording is still acceptable, the entry of 9-27-2007 has
been deleted because the wording is very specific and because the
classification principle is covered by the existing entry “Business management
consulting” in Class 35. 09-26-2013: Acceptable entry status changed from “D”
deleted to “X” example.
035 Business management consultancy in the field of purchases,
namely, assisting businesses in improvement of purchasing functions
09-26-2013: Entry status changed from “A” added to “X” example.
035 Business management and consultation in the field of
{indicate field or subject matter}
09-26-2013: Entry status changed
from “A” added to “X” example.
035 Business management and consultation in the field of case
management, integrated justice, data conversions, and business
intelligence
09-26-2013: Entry status changed from “A” added to “X”
example.
035 Business management consulting with relation to strategy,
marketing, sales, operation, product design particularly specializing in the
use of analytic and statistic models for the understanding and predicting of
consumers, businesses, and market trends and actions
1-1-2012 While
this wording is still acceptable, the entry of 4-3-2008 has been deleted
because the wording is very specific and because the classification principle
is covered by the existing entry “Business management consulting” in Class 35.
09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Business management in the field of {indicate field or
subject matter}
Business management is acceptable wording in Class
35; further specification as to the particular field is acceptable, but it is
not required.
035 Business management consulting services in the field of
{indicate field or subject matter}
On 10-03-2013, this 03-01-2006
entry was amended from “Management and business consulting services in the
field of {indicate field or subject matter}” to the current ID, because the
lead-in wording of “management” in the field of was indefinite. “Business
management consulting” is acceptable in Class 35, and while the field or
subject matter may be provided, it is not required.
035 Business management of insurance agencies and brokers on
an outsourcing basis
On 07-18-2013, the 06-01-2001 entry was modified
by replacing “Managing the operations of” with “Business management of” to
make clear the nature of the services. Also, the status of the entry was also
changed from “A-Added” to “X-Example” to indicate that it is an example of
acceptable wording under current USPTO policy.
035 Business management of campground facilities
On
06-27-2013, this 01-04-2006 entry was modified by inserting “Business” to make
clear the nature of the services. Also, the status of the entry was changed
from “A” to “X” to indicate that it is an example of acceptable wording under
current USPTO policy.
035 Business management of air and water processing systems
and facilities for others
On 06-27-2013, this 12-09-2010 entry was
modified by deleting “services, namely” before “management” to clarify the
nature of the business management services.
035 Business management consultation in the field of {indicate
field with a business management component, e.g., transportation logistics,
database management, etc.}
09-26-2013: Entry status changed from “A”
added to “X” example.
035 Business management consulting, strategic planning and
business advisory services provided to {indicate targeted group or profession,
e.g., the veterinary medical profession, professional entertainers, non-profit
corporations, etc.}
On 03-15-2012 this entry of 04-02-2009 was
modified to replace “the veterinary medical profession” with a broader fill-in
section.
035 Business management consultation in the field of executive
and leadership development
09-26-2013: Entry status changed from “A”
added to “X” example.
035 Business management consultancy in the field of
insourcing, namely, assisting businesses in the development of processes for
the analysis and the implementation of the delegation of operations or jobs
from production within a business to an internal entity that specializes in
that operation
09-26-2013: Entry status changed from “A” added to “X”
example.
035 Business management consulting with relation to strategy,
marketing, production, personnel and retail sale matters
09-26-2013:
Entry status changed from “A” added to “X” example.
035 Business management assistance
On 10-23-2014, the
04-02-1991 entry was amended to add the word “business” to make clear the
nature of the services and the justification for classifying them in Class
35.
035 Business management consultancy as well as development of
processes for the analysis and the implementation of strategy plans and
management projects
09-26-2013: Entry status changed from “A” added
to “X” example.
035 Business marketing and direct mail consulting services
No longer a trilateral entry as of 6/28/07 but still accepted in the
USPTO 1-1-2012 This entry of 7-1-2001 has been deleted from the Manual because
the wording “direct mail consulting” is unclear; additionally, the intent of
this entry is covered by existing entries “Business marketing services” and
“Direct mail advertising services” in Class 35.
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 is in Class 35. The planning of
special events that are usually done for entertainment purposes is in Class
41.
035 Business operation of port facilities for others
On 06-27-2013, this 08-16-2007 entry was modified by inserting “Business” to
make clear the nature of the services. Business operations for others involves
running the business and making business decisions to maximize profitability
of the commercial activity.
035 Business operation of commercial aquatics facilities for
others
On 06-27-2013, this 12-21-2006 entry was modified by replacing
“Operating” with “Business operation of” to make clear the nature of the
services. Business operations for others involves running the business and
making business decisions to maximize profitability of the commercial
activity.
035 Business operation of power generation equipment and
facilities for others
On 06-27-2013, this 11-27-2008 entry was
modified by deleting “services, namely” before “operation” to clarify the
nature of the business operation services.
035 Business operation of shopping centers for others
Business operations for others involves running the business and making
business decisions to maximize profitability of the commercial activity.
035 Business organization and management consultancy including
personnel management
09-26-2013: Entry status changed from “A” added
to “X” example.
035 Business process outsourcing services in the field of
{indicate field or industry}
On 07-18-2013, the 07-19-2007 entry was
deleted because the types of services rendered by business process outsource
service providers is not limited to Class 35 services. Business process
outsource service providers render, on an outsourcing basis, a wide variety of
services that are typically performed in-house ranging from human resources
management and marketing to financial analysis and business training.
Therefore, the fill-in-the-blank entry created potential for mis-use and may
cause confusion among Manual users.
035 Business research
07-14-2011 Scientific research
and research services directly related to tangible items, such as cosmetics,
pharmaceuticals, or new products, are classified in 42 because those research
activities generally involve the science-based testing and analysis of the
physical properties of the item. On the other hand, research services
relating to an intangible subject matter are classified according to the
nature of the intangible. For example, business research, research related to
financial instruments, and legal research are classified in Classes 35, 36,
and 45 respectively.
035 Business research and data analysis services in the field
of {indicate field or subject matter, e.g., retail sales of specific business
locations, distribution channels, etc.}
Business research and data
analysis is acceptable in Class 35; further specification as to the field or
subject matter is acceptable, but it is not required.
035 Business research and surveys
On 11-17-2011 the
entry of 04-02-1991 was deleted. While the wording in this identification is
still acceptable, the entry has been deleted because the services are covered
by the entries for “business research” and “conducting business surveys.”
07-04-2013: The status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Business services, namely, structuring, optimizing and
change management consulting related to corporate in-house intellectual
property departments and intellectual property asset management programs
09-26-2013: Entry status changed from “A” added to “X” example.
035 Business services, namely, tracking and monitoring of
calls for others in response to advertising ads
On 08-09-2012, the
07-02-2009 entry was deleted because it was ambiguous and replaced with
“Tracking and monitoring call volume in response to advertising campaigns for
others for business purposes” in Class 35.
035 Business services, namely, tracking, comparing and
monitoring employee cost items for others
On 08-09-2012, the
10-11-2007 entry was deleted because it was ambiguous and replaced with
“Tracking, comparing and monitoring employee expenses for others for cost
accounting purposes” in Class 35.
035 Business services, namely, registering, screening,
credentialing, and organizing third-party vendors, suppliers, and contractors,
and documentation and information on behalf of others
On 5-23-2013,
this 10-1-2005 entry was deleted, and is no longer acceptable, because the
term “credentialing” is causing confusion and the phrase “and documentation
and information on behalf of others” is ambiguous.
035 Business services, namely, design, development and
analysis of tests for testing professional competency
09-12-2013 -
“Testing professional competency” is not a scholarly or academic testing
activity. It is testing to determine a person's ability to function in a job,
e.g., testing to determine typing speed, testing for commercial driver's
license, etc.
035 Business services, namely, facilities management of
technical operations
On 06-27-2013, this 06-01-2001 entry was deleted
because it is ambiguous in Class 35, and it appears to conflict with entries
covering building management and real estate management services in Class
36.
035 Business services, namely, providing an online network for
contractors to receive leads and bidding opportunities by means of an online
marketplace for the purpose of developing business in the {insert type of
business, e.g., construction, etc.} industry
On 04-07-2016, this
04-07-2011 entry was deleted because the wording “providing an online network
for contractors to receive leads and bidding opportunities by means of an
online marketplace...” is ambiguous as to the nature of the service activity
being performed for others. This ID is no longer acceptable. The
identification could encompass a variety of services, such as “business
networking,” “providing sales leads for the {specify industry, e.g.,
automobile, cemetery, real estate, etc.} industry” and “operating on-line
marketplaces featuring {indicate field or type of goods},” all classified in
Class 35, but the wording is not clear.
035 Business services, namely, a network of solar contractors
receiving leads and bidding opportunities by means of an online marketplace
for the purpose of developing information to evaluate the investment value of
solar energy for a web-based consumer
On 04-07-2016, this 08-12-2010
entry was deleted because the wording “a network of solar contractors
receiving leads and bidding opportunities by means of an online marketplace”
is ambiguous as to the nature of the service activity being performed for
others. This ID is no longer acceptable. The identification could encompass a
variety of services, such as “providing sales leads for the {specify industry,
e.g., automobile, cemetery, real estate, etc.} industry” and “operating
on-line marketplaces featuring {indicate field or type of goods},” both
classified in Class 35, but the wording is not clear.
035 Business services, namely, providing an online network for
contractors to receive leads and bidding opportunities by means of an online
marketplace for the purpose of developing business
On 04-07-2016,
this 04-07-2011 entry was deleted because the wording “providing an online
network for contractors to receive leads and bidding opportunities by means of
an online marketplace...” is ambiguous as to the nature of the service
activity being performed for others. This ID is no longer acceptable. The
identification could encompass a variety of services, such as “business
networking,” “providing sales leads for the {specify industry, e.g.,
automobile, cemetery, real estate, etc.} industry” and “operating on-line
marketplaces featuring {indicate field or type of goods},” all classified in
Class 35, but the wording is not clear.
035 Business services, namely, providing an online network for
contractors to receive bidding opportunities by means of an online marketplace
for the purpose of developing business for sustainable related building
products and services
On 04-07-2016, this 01-06-2011 entry was
deleted because the wording “providing an online network for contractors to
receive bidding opportunities by means of an online marketplace...” is
ambiguous as to the nature of the service activity being performed for others.
This ID is no longer acceptable. The identification could encompass a variety
of services, such as “business networking” and “operating on-line marketplaces
featuring {indicate field or type of goods},” both classified in Class 35, but
the wording is not clear.
035 Business services, namely, providing an online network for
vendors to receive leads and bidding opportunities by means of an online
marketplace for the purpose of developing business in the {insert type of
business, e.g., construction, etc.} industry
On 04-07-2016, this
03-05-2015 entry was deleted because the wording “providing an online network
for vendors to receive leads and bidding opportunities by means of an online
marketplace...” is ambiguous as to the nature of the service activity being
performed for others. This ID is no longer acceptable. The identification
could encompass a variety of services, such as “business networking,”
“providing sales leads for the {specify industry, e.g., automobile, cemetery,
real estate, etc.} industry” and “operating on-line marketplaces featuring
{indicate field or type of goods},” all classified in Class 35, but the
wording is not clear.
035 Business services, namely, providing an online network for
contractors to receive leads and bidding opportunities by means of an online
marketplace for the purpose of developing business for energy related products
and services
On 04-07-2016, this 12-09-2010 entry was deleted because
the wording “providing an online network for contractors to receive leads and
bidding opportunities by means of an online marketplace...” is ambiguous as to
the nature of the service activity being performed for others. This ID is no
longer acceptable. The identification could encompass a variety of services,
such as “business networking,” “providing sales leads for the {specify
industry, e.g., automobile, cemetery, real estate, etc.} industry” and
“operating on-line marketplaces featuring {indicate field or type of goods},”
all classified in Class 35, but the wording is not clear.
021 Busts of {indicate crystal, china, ceramic, terra cotta,
earthenware, glass, porcelain}
On 12-06-12, the 11-01-2005 entry was
modified by inserting “ceramic” into the bracketed wording to conform with the
Nice Alphabetical List entry, “Busts of china, terra-cotta or glass” which was
amended to “Busts of porcelain, ceramic, earthenware or glass” in Class 21,
effective 1-1-13. This is not a new requirement - the modification is intended
to provide guidance to the user.
042 Butler services
Identification too broad -
services of a butler must be indicated specifically and classified
appropriately.
028 Butterfly nets
1-28-10 - The 7-1-01 entry was
transferred from Class 22. The Nice Agreement lists “butterfly nets” in Class
28 only. Therefore, butterfly nets whether used as toys, for hobby purposes or
any other purpose is in Class 28 only.
025 Button-front aloha shirts
Modified from “aloha
shirts” - ALOHA is a registered TM for T-Shirts but not for button down
shirts.
035 Buying club services
On 4-7-11, the 4-2-1991
entry was amended from “Buying clubs” to “Buying club services” for
consistency with other similar entries in the Manual.
035 Buying club services in the field of {specify goods, e.g.,
food, clothing, automobiles, etc.}
Buying club services is acceptable
wording in Class 35; further specification as to the particular field is
acceptable, but it is not required.
041 Cabarets
This item was transferred from Class 42
to Class 41 in the 8th edition of the Nice Agreement. Therefore, the entry was
transferred from Class 42 to Class 41 in the US ID Manual as well.
020 Cabinets being furniture for {specify, e.g., kitchens,
beauty salons, etc.}
Cabinets [furniture] is acceptable wording;
further specification is acceptable, but it is generally not required.
Certain furniture is classified in other classes based on the specialized use
of the goods, e.g., laboratory furniture in Class 9 and furniture especially
made for medical purposes, in Class 10.
028 Cabinets for gaming machines
Cabinets for gaming
machines are the housing within which a game’s hardware resides.
041 Cable television programming [scheduling]
This
service does not refer to a series of programs - it is ONLY a scheduling
service.
006 Cadmium
Cadmium is a chemical element that is a
metal, and these goods are in the Alphabetical List in Class 6.
043 Café
On 10-6-2011, this 11-29-2007 entry was
deleted because it is covered by the entry of “cafe services.” 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Café and restaurant services
On 10-6-2011, this
11-29-2007 entry was deleted because it is covered by the separate listings of
“cafe services” and “restaurant services”. 07-25-2013: Acceptable entry
status changed from “D” deleted to “X” example.
043 Café services, namely, providing café services in a
funeral home environment
On 10-6-2011, this 1-3-2008 entry was
deleted because, although it is acceptable, it is too specific to be of use to
a broad range of customers. 07-25-2013: Acceptable entry status changed from
“D” deleted to “X” example.
043 Cafés
This entry was transferred from Class 42 to
Class 43 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement. On 10-6-2011, this 1-1-2002 entry was deleted
because it is covered by the existing entry of “cafe services”. 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Cafeteria and restaurant services
On 10-6-2011,
this 11-29-2007 entry was deleted because it is covered by the separate
listings for “cafeteria services” and restaurant services”. 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Cafeterias
This entry was transferred from Class
42 to Class 43 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement. On 10-6-2011, this 1-1-2002 entry was
deleted because it is covered by the entry of “cafeteria services”.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Café-restaurants
On 10-6-2011, this 7-20-2004
entry was deleted because it is covered by the separate services of “Cafe
services” and “Restaurant services”. 07-25-2013: Acceptable entry status
changed from “D” deleted to “X” example.
025 Caftans
05-07-2015: A caftan is a usually cotton
or silk ankle-length garment with long sleeves.
025 Cagoules
05-14-2015: A cagoule is a lightweight
usually knee length type of anorak.
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.
030 Cake mixes, namely, cake bases
10-8-09 - The
8-13-09 entry was changed to add “cake mixes, namely” to avoid confusion with
supports for cakes that are also called cake bases and are in Class 21.
021 Cake toppers of {indicate china, crystal, earthenware,
terra cotta, glass, porcelain}
Cake toppers are decorations for
cakes. Decorations for cakes are classified by material composition.
Therefore, cake toppers of china, crystal, earthenware, terra cotta, glass, or
porcelain are classified in Class 21.
006 Cake toppers of common metal
Cake toppers are
decorations for cakes. Decorations for cakes are classified by material
composition. Therefore, cake toppers of common metal are classified in Class
6.
014 Cake toppers of precious metal
Cake toppers are
decorations for cakes. Decorations for cakes are classified by material
composition. Therefore, cake toppers of precious metal are classified in Class
14.
029 Calamari, not live
On 1-31-2013, the July 15,
2010 entry “Calamari [not live]” was modified to incorporate the bracketed
wording into the identification.
001 Calcined clay
Calcined clay is typically used as
a soil amendment and soil conditioner. It is also used in manufacturing as a
coating for paper and as a filler clay for manufacturing other goods. The
nature of the goods and each of the range of uses for calcined clay justify
classification in Class 1.
007 Calcining machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
005 Calcium fortified candy for medical purposes
On
01-01-2016, this 01-10-2008 entry was modified to add “for medical purposes”
in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, identifications for nutritionally
enriched, enhanced, or fortified foods or beverages must indicate a medical,
therapeutic, or veterinary purpose for classification in Class 5.
042 Calculating and simulating flood flows, modeling of areas
likely to be inundated, and preparing related reports and technical
documentation
02-28-2013 -These services are in Class 42 because they
involve scientific analysis and modeling.
016 Calendered paper
This is a type of paper that has
been passed through a calendar, which is the assembly of rolls at the dry end
of a paper machine that imparts a particular type surface or finish.
024 Calico
06-04-2015: Calico is a plain-woven cotton
cloth printed with a figured pattern.
041 Calligraphy services
This entry was transferred
from Class 42 to Class 41 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
009 Camera closures
On 01-23-2014, this 07-20-2007
entry was deleted because the nature and purpose of these goods are
unclear.
009 Camera shutters
On 04-02-2015, this 07-20-2004
entry, “Cameras shutters” was amended to “Camera shutters” to match the TM5
approved entry.
009 Camera stability accessory, namely, a support arm, vest
and sled for film and video cameras to absorb shaking moves while shooting
08-29-2013: Entry status changed from “A” added to “X” example.
022 Camouflage nets for visual and radar uses
09-08-2011 This identification from April 2, 1991, remains acceptable;
however, it has been replaced with two separate entries: “camouflage nets for
radar use” and “camouflage nets for visual use.” 07-25-2013: Acceptable entry
changed from “D” deleted to “X” example status.
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 precious 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.
004 Candles comprised primarily of {specify, e.g., soy,
beeswax, etc.}
Candles is acceptable wording; further specification
is acceptable, but it is not required.
004 Candles containing {specify, e.g., insect repellent,
jewelry, rings, etc.}
Candles is acceptable wording; further
specification is acceptable, but it is not required.
004 Candles for {specify, e.g., wedding, memorial, etc.}
ceremonies
Candles is acceptable wording; further specification is
acceptable, but it is not required.
021 Candlesticks of precious metal
Transferred from
Class 14 in accordance with 9th edition of Nice Agreement.
030 Candy bark
Candy bark, also referred to as “bark
candy,” is candy that is customarily comprised of chocolate and pieces of nuts
or hard candies that is made in a sheet and broken into pieces.
021 Candy boxes
On 10-25-2012, this note was added to
this 01-17-08 entry to make clear that these “candy boxes“ entries were
corollaries to the Nice Alphabetical List entry for “Boxes for sweetmeats“ in
Class 21. For the US consumer, these “candy boxes“ are comparable to
household containers such as lidded candy dishes or similar dishware,
justifying classification in Class 21.
021 Candy boxes of precious metal
On 10-25-2012, this
note was added to this 01-17-08 entry to make clear that these “candy boxes“
entries were corollaries to the Nice Alphabetical List entry for “Boxes for
sweetmeats“ in Class 21. For the US consumer, these “candy boxes“ are
comparable to household containers such as lidded candy dishes or similar
dishware, justifying classification in Class 21.
021 Candy boxes, not of precious metal
On 10-25-2012,
this note was added to this 01-17-08 entry to make clear that these “candy
boxes“ entries were corollaries to the Nice Alphabetical List entry for “Boxes
for sweetmeats“ in Class 21. For the US consumer, these “candy boxes“ are
comparable to household containers such as lidded candy dishes or similar
dishware, justifying classification in Class 21.
009 Candy thermometers
Candy thermometers are a type
of thermometer used for measuring temperatures when making candy.
030 Candy toppings for {indicate items being topped, e.g., ice
cream, cupcakes, brownies, etc.}
Candy toppings is acceptable
wording; further specification is acceptable, but it is not required.
030 Candy-coated apples
On 04-14-2016, this
04-12-1999 entry “candy coated apples” was amended to “candy-coated apples” to
match the TM5 approved entry.
030 Candy-coated popcorn
On 04-14-2016, this
04-02-1991 entry “candy coated popcorn” was amended to “candy-coated popcorn”
to match a TM5 approved entry.
028 Canine exercise treadmills
Exercise treadmills is
acceptable wording; further specification is acceptable, but it is not
required.
044 Canine-assisted therapy services
Canine-assisted
therapy services involve patient interaction with dogs to promote health
through decreased stress and anxiety, increased self-esteem, enhanced sense of
purpose, among other therapeutic benefits.
031 Canned foodstuffs for cats
“Foodstuff for
animals” is an acceptable identification; further specification of the type of
animal is acceptable, but it is not required.
031 Canned foodstuffs for dogs
“Foodstuff for
animals” is an acceptable identification; further specification of the type of
animal is acceptable, but it is not required.
029 Canned pork and beans
On 11-10-11 this 01-02-97
entry was amended to change “&” to “and”
010 Cannulas for anaesthetics with receptacles
05-02-2013: This entry of 07-20-2004 was modified because it was duplicative
of an identical entry. The term cannulas is a variant plural spelling of the
term cannula.
022 Canopies [not of metal]
These general purpose
goods are similar to awnings and tarpaulins. They are comprised of textiles,
and they are typically suspended over furniture.
012 Canopies for baby strollers
07-12-12: These goods
are classified in Class 12 when they are structural parts of the baby
strollers and/or they are specially adapted for use with those Class 12
goods.
043 Canteen services
This entry was transferred from
Class 42 to Class 43 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
022 Canvas canopies
07-12-12: These general purpose
goods are similar to awnings and tarpaulins.
025 Capelets
05-14-2015: A capelet is a small cape
that covers the shoulders.
007 Capstans
This entry refers to vertical,
cylinder-shaped machines that rotate to wind and un-wind cable or rope; these
machines are typically used on ships. Capstans are generally power-operated
machines. Therefore, these goods are classified in Class 7. When capstans are
manually-operated, that feature must be indicated in the ID, and the
manually-operated capstans are classified in Class 8.
005 Capsules made from {specify material, e.g., vegetables,
starch, gelatin, etc.} sold empty for pharmaceuticals
“Capsules sold
empty for pharmaceuticals” is acceptable wording; further specification of the
material composition of the goods is acceptable, but it is not required.
009 Car antennas
On 5-17-12 this 7-20-04 entry was
changed to read “antennas” instead of “antennae.”
042 Car clubs
Identification too broad due to the
restructuring of Class 42 in the 8th edition of the Nice Agreement. Specific
services must be specified and classified appropriately.
005 Car deodorant
Note that deodorants for personal
use (use on the body of human or animal) are in Class 3
001 Carbohydrates used as an ingredient in the manufacture of
nutraceuticals
8-27-2009 - Entry from 3-15-2007 changed from
“Carbohydrates used as an ingredient or as an integral component in
nutraceuticals” to “Carbohydrates used as an ingredient in nutraceuticals” to
avoid confusion with items sold as an integral part of a finished product
being classified in the class of the finished product. In the case of a
carbohydrate (or other ingredient) sold as an integral component of
nutraceuticals, such goods would be properly in Class 5. 07-11-2013: This
entry was further modified to specify the ingredient is for use “in the
manufacture” of nutraceuticals in accordance with standards of the ID Manual
regarding ingredients for further manufacture.
021 Carboys
These goods are in the Nice Alphabetical
List in Class 21. A carboy is a large glass or plastic bottle.
007 Carburetters
A carburetter is a vehicle part,
also spelled carburetor.
001 Carburizing agents
Carburizing agents are
chemical agents that transfer carbon to iron or steel through a heating
treatment process.
020 Cardboard floor display units for merchandising
products
10/23/08 - Goods transferred from Class 16. Display units
are in Class 20 regardless of material composition.
005 Cardiotonics
Cardiotonics are agents that have a
tonic or favorable effect on the action of the heart, such as increasing the
force of a contraction.
041 Career counseling, namely, providing advice concerning
education options to pursue career opportunities
01-01-2002 - 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 and
other services that give advice concerning education options were transferred
to Class 41 as a result of the restructuring. 5-27-10 - The bracketed wording
[advice concerning education options] was added to the 1-1-02 entry to
distinguish this service from that of providing career information in a
particular field which is in class 35. On 8-25-2011 this entry was amended to
incorporate the bracketed information into the ID for clarity.
035 Career placement and career information services for
graduating students provided by means of a call center
09-26-2013:
Entry status changed from “A” added to “X” example.
022 Cargo and carrier equipment for vehicles comprised of
synthetic textile materials, excluding artificial leather, namely, tow ropes,
tow straps, ratchet tie-down straps, quick release tie down straps, lashing
straps, and tarp straps
On 09-13-12, the 11-26-2009 entry was
modified by inserting “comprised of synthetic textile materials, excluding
artificial leather,” to make clear the justification for classifying these
goods in Class 22. Straps are generally classified according to the function
or purpose of the goods. However, straps for securing items and general
purpose straps are classified in Classes 6, 18, or 22 depending on the
material composition of the goods. Straps with functions that are not covered
by the Class Headings are also classified in Classes 6, 18, or 22 according to
material composition.
029 Carp, not live
On 1-31-2013, the 7-20-2004 entry
“Carp [not live]” was modified to incorporate the bracketed wording into the
identification. Live carp is classified in Class 31.
005 Carpet fresheners and odor eliminators
On
1-1-2012 this entry of 9-1-2004 was deleted from Class 5 pursuant to the
deletion of “air freshening preparations” from the 10th Edition of the Nice
Agreement. The phrase, “air freshening preparations,” is used in advertising
literature to refer to both “air fragrancing preparations” in Class 3 and “air
deodorizing preparations” in Class 5, which have distinctly different
functions and are classified in different classes.
021 Carpet rakes
Carpet rakes are similar to brushes
or brooms and function to clean and comb carpets, justifying classification in
Class 21 under the Class heading household...articles for cleaning
purposes.
027 Carpet tiles
Carpet tiles are classified in Class
27, because they are materials for covering existing floors. “Non-metal floor
tiles”, however, are classified in Class 19, because they are merely the final
stage in construction and the floor does not truly “exist” until the tile is
laid.
018 Carrying box with graphic games and coloring areas printed
thereon for use by a child to transport personal items to help in the child's
transition from home to another location
08-13-2015: Status of entry
changed from “A”-Added to “X”-Example.
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 Class 9, musical keyboard carrying
cases in Class 15, dart carrying cases in Class 28.
009 Carrying cases for document printers
On
01-01-2016, this 03-17-2011 entry was modified from “Printer carrying cases”
to “Carrying cases for document printers” in order to clarify the nature of
the goods and the justification for classifying the goods in Class 9. Fitted
cases for printing machines are classified in Class 7.
009 Carrying cases specially adapted for electronic equipment,
namely, {specify type of electronic equipment, e.g., document printers,
computers, cell phones, etc.} [excluding gaming apparatus]
On
12-06-2012, this 03-17-2011 entry “Carrying cases for electronic equipment,
namely, {specify type of electronic equipment, e.g., printers, computers, cell
phones, etc.}” was amended to make explicit the rationale for classification
in Class 9. As previously written, the ID could be interpreted as including
cases for gaming devices in Class 28 under the 10th Edition, as all game
apparatus are in Class 28 because “games and playthings” are in the Class
Heading. 01-01-2016: On 01-01-2016, this 12-06-2012 entry was modified to add
“document” in order to clarify the nature of the goods and the justification
for classifying the goods in Class 9. Carrying cases specially adapted for
printing machines are classified in Class 7.
009 Carrying cases, holders, protective cases and stands
featuring power supply connectors, adaptors, speakers and battery charging
devices, specially adapted for use with handheld digital electronic devices,
namely, {indicate specific device, e.g., cell phones, MP3 players, personal
digital assistants, etc.} [excluding gaming apparatus]
On 12-06-2012,
this 09-16-2010 entry “Carrying cases, holders, protective cases and stands
featuring power supply connectors, adaptors, speakers and battery charging
devices, specially adapted for use with handheld digital electronic devices”
was amended to justify classification in Class 9. Since these goods are
specially adapted for use with a particular electronic device, classification
of the electronic device controls classification of the cases, holders, and
stands. As previously written, the ID would include cases, holders and stands
for gaming devices since all game apparatus are in Class 28 because “games and
playthings” are in the Class Heading. Thus, the ID should indicate the
specific electronic device for proper classification. 08-29-2013: Status of
entry changed from “M” modified to “X” example.
018 Carry-all bags
Note that bags that are fitted to
carry a particular item are classified with the 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 the 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
On 10-06-2011, this
1-1-2002 entry was deleted because, although acceptable, it is covered by the
existing entry for “Take-out restaurant services”
045 Cartomancy services
Cartomancy services involve
fortune-telling or divination using cards, such as tarot cards.
045 Cartoon character licensing [legal services]
Transferred from Class 35 pursuant to 9th edition of Nice Agreement
034 Cartridges sold filled with propylene glycol for
electronic cigarettes
On 01-01-2015, this 07-12-2012 entry was
transferred from Class 1 to Class 34 in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. The goods
are classified in Class 34 as smokers' articles by analogy to “Liquid nicotine
solutions for use in electronic cigarettes” which was added to the
Alphabetical List in Class 34.
034 Cartridges sold filled with vegetable glycerin for
electronic cigarettes
Unfilled cartridges or cartridges sold empty
for electronic cigarettes are in Class 34. 01-01-2015: On 01-01-2015, this
07-13-2013 entry was transferred from Class 1 to Class 34 in compliance with
the Nice Classification, Tenth edition, version 2015, effective 01-01-2015.
The goods are classified in Class 34 as smokers' articles by analogy to
“Liquid nicotine solutions for use in electronic cigarettes” which was added
to the Alphabetical List in Class 34.
034 Cartridges sold filled with chemical flavorings in liquid
form for electronic cigarettes
Unfilled cartridges or cartridges sold
empty for electronic cigarettes are in Class 34. 01-01-2015: On 01-01-2015,
this 06-13-2013 entry was transferred from Class 30 to Class 34 in compliance
with the Nice Classification, Tenth edition, version 2015, effective
01-01-2015. Flavorings for food or beverages are classified in Class 30.
01-01-2016: “Essential oils” appears in the Nice Alphabetical List in Class 3.
Flavorings for food, beverages, or tobacco that are essential oils are
classified in Class 3. Flavorings for food or beverages other than essential
oils are classified in Class 30.
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
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
029 Casein for food
1-1-2012 --This entry of
11-22-2007 has been deleted under the 10th Edition of the Nice Agreement
because casein is not a food in itself for direct human consumption. Casein
is a protein derived from milk used in the industrial preparation of food and
as an emulsifier or binding agent. It can also be taken as a dietary
supplement. This entry has been deleted and has been replaced with the
following entries from the Nice Alphabetical List: “casein for the food
industry” in Class 1, “casein for industrial purposes” in Class 1, and “casein
dietary supplements” in Class 5.
001 Casein for industrial purposes
Casein is used for
a variety of industrial purposes, for example, it is used in leather tanning
and in the manufacture of adhesives, paints, and synthetic fibers.
001 Casein for the food industry
Casein is used in
the food industry as nutritional additive and as emulsifier and binding
agent.
014 Cases being parts of watches and clocks
On
01-01-2016, this 07-20-2004 entry was amended from “Cases for watches and
clocks” to “Cases being parts of watches and clocks” in compliance with the
Nice Classification, Tenth edition, version 2016, effective 01-01-2016.
014 Cases for clock and watch-making
On 11-19-2015,
this 07-20-2004 entry was deleted because it is unclear that these cases are
clock parts and watch-making parts rather than containers for clocks and
containers for watch-making.
034 Cases for electronic cigarettes and electronic cigarette
accessories
Cases for electronic cigarettes and electronic cigarette
accessories are used to hold both electronic cigarettes and their accessories
and are classified in Class 34 by analogy to the entry “cigarette cases” in
the Nice Alphabetical List. “Cases for electronic cigarette accessories” is
not acceptable wording because electronic cigarette accessories are classified
in multiple classes. Accordingly, “cases for electronic cigarette accessories”
cannot be properly classified without further specification of the goods.
009 Cases for music, audio and related electronic equipment,
namely, cases for audio tuners, audio receivers, amplifiers, tape players,
compact disc players, MP3 controllers/players, audio mixers, audio speakers in
the nature of music studio monitors, microphones, audio speakers, compact
discs, audio tapes, portable computers, antennas, phonographic record players,
audio recording equipment, and the cables associated with all of the foregoing
equipment
08-29-2013: Status of entry changed from “A” added to “X”
example.
018 Cases of leather or leatherboard
Cases that are
fitted to carry a particular item are classified with the product they are
designed to carry, e.g., eyeglass cases are in Class 9; gun cases in Class 13;
and stationery cases in Class 16.
036 Cash flow services, namely, providing cash to mortgage
holders or other notes at a discounted rate in return for ownership of the
mortgage or note
10-03-2013: Entry status changed from “A” added to
“X” example.
020 Caskets [coffins]
On 01-23-2014, this 04-02-1991
entry was amended to add the bracketed wording [coffins] to clarify the nature
of the goods.
014 Caskets for clocks and jewels
01-01-2016: Status
of entry changed from “A”-Added to “X”-Example.
029 Cassava chips
A cassava is a root vegetable, also
spelled casava.
006 Cast steel
Cast steel is a steel alloy including
carbon, manganese, phosphorus, silicon, and sulfur and is cast into a shape
instead of wrought.
005 Castor oil [for medical purposes]
On 11-12-2015,
this 07-20-2004 entry was deleted because the goods are already covered by the
existing Manual entry “Castor oil for medical purposes” which clearly
indicates the purpose of the goods. Castor oil is classified in different
classes according to its purpose. For example, castor oil for cosmetic
purposes is classified in Class 3, and castor oil for industrial purposes is
classified in Class 4.
004 Castor oil, not edible
On 11-12-2015, this
07-20-2004 entry was modified to incorporate the bracketed wording “[not
edible]” into the identification in order to clarify the nature of the
goods.
031 Cat litters
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
020 Cat scratching posts
Goods transferred from Class
18 based on entry in Nice Agreement for scratching posts for cats in 20
001 Catalyst supports
Catalyst supports are chemical
carriers to which catalysts are affixed. The Class Heading for Class 1
includes “chemicals used in industry.” Accordingly, catalyst supports are
classified in Class 1.
011 Catalytic oxidizers for industrial air pollution control
of {specify, e.g., volatile organic compounds, airborne toxins, etc.}
Catalytic oxidizers, also known as “catalytic incinerators,” are apparatus
which use catalysts to destroy air pollutants. Catalytic oxidizers for
industrial air pollution control is acceptable wording; further specification
is acceptable, but it is not required.
011 Catalytic oxidizers for industrial air pollution
control
Catalytic oxidizers, also known as “catalytic incinerators,”
are apparatus which use catalysts to destroy air pollutants.
043 Catering
This entry was transferred from Class 42
to Class 43 due to the restructuring of Class 42 that was implemented in the
8th edition of the Nice Agreement. On 10-6-2011, this 1-1-2002 entry was
deleted because it is covered by the entry of “catering services”. 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Catering for the provision of food and beverages
On 10-6-2011, this 7-20-2004 entry was deleted because it is covered by the
entry of “catering services”. 07-25-2013: Acceptable entry status changed
from “D” deleted to “X” example.
043 Catering in fast-food cafeterias
On 10-6-2011,
this 7-20-2004 entry was deleted because it is covered by the entry of
“catering services”. 07-25-2013: Acceptable entry status changed from “D”
deleted to “X” example.
043 Catering of food and drinks
On 10-6-2011, this
7-20-2004 entry was deleted because it is covered by the entry of “catering
services”. 07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
010 Catheters for use in {indicate, e.g., embolectomy, cardiac
ablation, etc.}
Catheters is acceptable wording; further
specification is acceptable, but it is not required.
044 Cattle farming services
On 08-15-2013, this
08-13-2009 entry was modified by deleting “farms” and inserting “farming
services” to make clear that the activity is being performed for others.
Additionally, the status was changed from “A - Added” to “X” to indicate that
it is an example of acceptable wording. To be a service, an activity must be
primarily for the benefit of someone other than the applicant. TMEP
1301.01(a)(ii). Therefore, operating a wheat farm, for example, for the
purpose of growing, harvesting, and selling wheat for further manufacture, is
not considered a wheat farming service under the Trademark Act because,
although the manufacturers derive an incidental benefit, the farming
activities primarily benefit the farmer. Farming activities must be rendered
for others to be a registrable service.
008 Caulking irons
Caulking irons are hand tools for
applying caulk to seams.
015 Celestes
Celestes are keyboard instruments
comprised of metal plates that are struck with hammers. Celestes is also
spelled celestas.
001 Cell growth media for growing cells for scientific and
research use
Cell growth media for growing cells for medical or
clinical use is in Class 5. On 04-23-2015, this 09-30-2010 entry was modified
to replace “for use in scientific research” to “for scientific and research
use” for consistency with similar Manual entries.
016 Cellulose acetate film for packaging
Cellulose
acetate film is the synthetic plastic compound processed from cellulose or
wood pulp.
016 Cellulose acetate film for wrapping
Cellulose
acetate film is the synthetic plastic compound processed from cellulose or
wood pulp.
017 Cellulose acetate film used as packing material [other
than for wrapping]
Cellulose acetate film is the synthetic plastic
compound processed from cellulose or wood pulp.
031 Cellulose for use as animal bedding
On
04-24-2014, this 12-28-2006 entry was transferred from Class 18 to Class 31
because ’Products for animal litter’ is in the Nice Alphabetical List in Class
31, and the Internet evidence shows that these goods are analogous to litter
material used as animal bedding. Further, most animal bedding is made from an
agricultural or forestry product, such as straw, which justifies
classification in Class 31. 01-01-2016: “Products for animal litter” in the
Nice Alphabetical List in Class 31 was modified under Nice 10-2016 to “litter
for animals.”
001 Cellulose pulp
Cellulose pulp is a raw material
typically used in manufacturing paper. Paper pulp and wood pulp are in the
Nice Alphabetical List in Class 1, and by analogy, cellulose pulp is also in
Class 1.
044 Cemetery plot beautification and maintenance and continual
upkeep of family cemetery plots
01-16-2014: Entry status changed from
“A” added to “X” example.
008 Center punches [hand-held]
These tools are
powered by hand, not by electricity or other non-manual power source.
009 Central processing unit (CPU) clocks
While most
clocks are in Class 14, this is a highly specialized item used in a
computer.
001 Ceramic glazings in the nature of a dry chemical
preparation for use in the manufacture of ceramics
On 2-10-11, the
7-20-2004 entry, “ceramic glazings” was amended to describe the nature of the
ceramic glazings.
020 Ceramic knobs and glass knobs
04-02-1991 “Knobs
of {indicate ceramic or glass}” was added to the Manual; 09-30-10 Amended
“Knobs of {indicate ceramic or glass}” to “Ceramic knobs and glass knobs”.
Knobs are classified according to material composition under the Nice
Agreement. 1-1-2012 - Transferred this entry of 9-30-2010 from Class 21 to
Class 20 in accordance with the 10th Edition of the Nice Agreement. Metal
knobs are in Class 6, precious metal knobs are in Class 14 and non-metal knobs
are in Class 20.
020 Ceramic pulls
1-1-2012-- This entry of 7-28-2011
was transferred from Class 21 to Class 20 in accordance with the 10th Edition
of the Nice Agreement. Because these goods are similar to knobs, metal pulls
are in Class 6, precious metal pulls are in Class 14 and non-metal pulls are
in Class 20.
020 Ceramic pulls for cabinets, drawers and furniture
02-12-09 “Ceramic handles and pulls for cabinets, drawers and furniture” was
added to the Manual; 09-30-2010 Deleted the wording “handles and” from the ID
because, unlike knobs (and by analogy, pulls), handles are not classified
according to material composition under the Nice Agreement. 1-1-2012-- This
entry of 9-30-2010 was transferred from Class 21 to Class 20 in accordance
with the 10th Edition of the Nice Agreement. Because these goods are similar
to knobs, metal pulls are in Class 6, precious metal pulls are in Class 14 and
non-metal pulls are in Class 20.
030 Cereal based energy bars
On 06-20-2013, the
10-04-2007 entry was modified by deleting “[not for use as a meal
replacement]” because this wording, which was relevant for classification
purposes under the Ninth Edition of the Nice Classification system, is no
longer relevant, and it caused confusion. Under the Ninth Edition, all meal
replacement food and drink were classified in Class 5. Under the Tenth
Edition, however, meal replacements adapted for medical purposes are in Class
5, while meal replacements not for medical purposes are classified in Classes
29-32 based on their composition.
042 Certification of the inaccuracy of scales
Entry
deleted and trilateral designation withdrawn because “certification” is not a
service in any international class. It is a specialized activity in US classes
A or B.
029 Ceviche
Ceviche is a dish of raw fish marinated
in lime or lemon juice, often with oil, onions, peppers, and seasonings.
Ceviche is also commonly spelled “seviche.”
012 Chair lifts
These goods are in Class 12 because
their primary purpose is transportation.
012 Chairlifts
Chairlifts are classified in Class 12
because the goods function as vehicles for locomotion by land.
020 Chairs for installation in {indicate type of structure(s),
e.g., cinemas, theatres, stadiums, etc.}
Although chairs are
generally classified as furniture in Class 20, massage chairs and medical
procedure chairs are classified in Class 10, and vehicle seats are classified
in Class 12. The wording “chairs” is acceptable without an indication of the
intended use or purpose of the goods; however, further specification may be
required for accuracy purposes.
016 Chalks
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
045 Chaperoning
This entry was transferred from Class
42 to Class 45 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
025 Chappals
A chappal is a type of shoe or sandal
consisting of a flat bottom with one thin piece of leather attached to it,
that goes between the first two toes.
036 Charge card and credit card payment processing
services
On 01-01-2016, this 11-22-2007 entry was modified to add
“payment processing” in order to clarify the nature of the services in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, credit card services, debit card
services, or other payment card services are indefinite and overly broad
because the nature of the activity provided is unclear. The common name of
the activity provided in connection with credit cards, debit cards, or the
like should be specified, e.g., processing of credit card payments, in Class
36.
036 Charge card services
On 01-01-2016, this
06-21-2012 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit card
services, debit card services, or other payment card services are indefinite
and overly broad because the nature of the activity provided is unclear. The
common name of the activity provided in connection with credit cards, debit
cards, or the like should be specified, e.g., processing of credit card
payments, in Class 36.
036 Chargeback recovery services
This service refers
to the collecting of revenue for merchants stemming from credit card charges
refunded/charged back to consumers.
041 Charitable donation services, namely, providing
educational {indicate specific educational activity, e.g., classes, seminars,
workshops, etc.} in the field of {indicate subject matter or field}
10-03-2013: Original wording “charitable services, namely providing {indicate
specific educational activity ...” modified to insert “donation” and the term
“educational” before the curly bracket. Such wording is necessary to justify
classification in Class 41. Entry status changed from “A” added to “X”
example.
036 Charitable foundation services, namely, providing
financial support to individuals who are seeking to be with family during the
holidays but are unable due to financial constraints
3-28-2013. The
services of providing financial support are equivalent to providing monetary
donations and are thus properly classified in Class 36. 10-03-2013: Entry
status changed from “A” added to “X” example.
036 Charitable foundation services, namely, providing
fundraising activities, supplemental funding, capital improvement funding,
scholarships and financial assistance for programs and services of others
10-03-2013: Entry status changed from “A” added to “X” example.
036 Charitable foundation services, namely, providing
fundraising activities and investment management services to support medical
education and research and procedures for those in need
10-03-2013:
Entry status changed from “A” added to “X” example.
036 Charitable foundation services, namely, providing
financial support to {indicate intended recipients, e.g., families, the
homeless, veterans, etc.} for {indicate purpose, e.g., veterinary care of
their pets, payment of utility bills, obtaining medications, etc.}
The services of providing financial support are equivalent to providing
monetary donations and are thus properly classified in Class 36.
036 Charitable fundraising services, by means of organizing
and conducting musical entertainment events featuring food and wine
On 07-01-2011 this 04-02-2009 entry was modified from “Charitable fundraising
services, namely, organizing and conducting musical entertainment events
featuring food and wine,” to “Charitable fundraising services, by means of,
organizing and conducting musical entertainment events featuring food and
wine,” in order to be consistent with other charitable fundraising entries.
This change emphasizes that the underlying service is that of “charitable
fundraising” which is a class 36 service. The means by which the fundraising
it is accomplished does not impact classification.
036 Charitable fundraising services by means of organizing and
conducting projects to promote awareness of tree and environmental
conservation
On 07-01-2011 this 04-02-2009 entry was modified from
“Charitable fundraising services, namely, organizing and conducting to promote
awareness of tree and environmental conservation,” to “Charitable fundraising
services, by means of, organizing and conducting projects to promote awareness
of tree and environmental conservation,” in order to be consistent with other
charitable fundraising entries. This change emphasizes that the underlying
service is that of “charitable fundraising” which is a Class 36 service. The
means by which the fundraising is accomplished does not impact the
classification. 03-22-2012: While this wording is still acceptable, the
08-19-2010 entry is being deleted from the Manual because the classification
principle, i.e., The means by which the charitable fundraising is accomplished
does not impact the classification, is adequately covered by other, more
clearly worded entries in the Manual. 09-05-2013: Acceptable entry status
changed from “D” deleted to “X” example.
036 Charitable fundraising services by means of organizing and
conducting special events
12-10-09 - to be consistent with other
entries for charitable fundraising services performed by means of another
activity, the 3-26-09 entry was changed from “Organizing and conducting
special events for charitable fundraising purposes” to the current language to
be consistent with other similar services in Class 36.
036 Charitable fundraising services for {indicate cause or
purpose, e.g., sending children and young adults with disabilities to a summer
camp, etc.}
04-17-2014: This entry of 12-10-2009 was modified to
accommodate the completion of the purpose for fundraising by the applicant
when using TEAS Plus. “Charitable fundraising” is an acceptable identification
in Class 36. Indication of the purpose for fundraising is permissible, but is
not required.
036 Charitable fundraising services, by means of organizing
and conducting fundraising events to encourage intercollegiate athletic
programs
On 12-13-2012 this 06-12-2008 entry was modified from
“Charitable fundraising services, namely, organizing and conducting
fundraising events to encourage intercollegiate athletic programs,” to
“Charitable fundraising services, by means of organizing and conducting
fundraising events to encourage intercollegiate athletic programs” in order to
be consistent with other charitable fundraising entries. This change
emphasizes that the underlying service is that of “charitable fundraising”
which is a Class 36 service. The means by which the fundraising is
accomplished does not affect classification.
036 Charitable fundraising services, by means of raising funds
for college education costs
On 12-13-2012 this 02-21-2008 entry was
modified from “Charitable fundraising services, namely, raising funds for
college education costs,” to “Charitable fundraising services, by means of
raising funds for college education costs” in order to be consistent with
other charitable fundraising entries. This change emphasizes that the
underlying service is that of “charitable fundraising” which is a Class 36
service. The means by which the fundraising is accomplished does not affect
classification.
036 Charitable fundraising services, by means of sharing
profits from newspaper subscription sales with not-for-profit
organizations
On 12-13-2012 this 07-01-2001 entry was modified from
“Charitable fundraising services, namely, sharing profits from newspaper
subscription sales with not-for-profit organizations,” to “Charitable
fundraising services, by means of sharing profits from newspaper subscription
sales with not-for-profit organizations” in order to be consistent with other
charitable fundraising entries. This change emphasizes that the underlying
service is that of “charitable fundraising” which is a Class 36 service. The
means by which the fundraising is accomplished does not affect
classification.
036 Charitable fundraising services, by means of eleemosynary
services in the field of collection, management, and disbursements of money in
connection with programs and facilities for the welfare of children
On 12-13-2012, this 02-07-2008 entry was modified from “Charitable fundraising
services, namely, eleemosynary services in the field of collection,
management, and disbursements of money in connection with programs and
facilities for the welfare of children”, to “Charitable fundraising services,
by means of eleemosynary services in the field of collection, management, and
disbursements of money in connection with programs and facilities for the
welfare of children” in order to be consistent with other charitable
fundraising entries. This change emphasizes that the underlying service is
that of “charitable fundraising” which is a Class 36 service. The means by
which the fundraising is accomplished does not affect classification. On
06-27-2013, the status of this entry was changed from “M” to “X” to indicate
that it is an example of acceptable wording under current USPTO policy.
036 Charitable fundraising services, by means of providing
individuals with the information and opportunity to make monetary donations to
their favorite charity
On 12-13-2012 this 10-11-2007 entry was
modified from “Charitable fundraising services, namely, by providing
individuals with the information and opportunity to make monetary donations to
their favorite charity,” to “Charitable fundraising services, by means of
providing individuals with the information and opportunity to make monetary
donations to their favorite charity” in order to be consistent with other
charitable fundraising entries. This change emphasizes that the underlying
service is that of “charitable fundraising” which is a Class 36 service. The
means by which the fundraising is accomplished does not affect
classification.
036 Charitable fundraising services, by means of organizing
and conducting fundraising food tasting events
On 07-01-2011 this
02-26-2009 entry was modified from “Charitable fundraising services, namely,
organizing and conducting fundraising food tasting events,” to “Charitable
fundraising services, by means of organizing and conducting food tasting
events,” in order to be consistent with other charitable fundraising entries.
This change emphasizes that the underlying service is that of “charitable
fundraising” which is a Class 36 service. The means by which the fundraising
it is accomplished does not impact the classification.
036 Charitable fundraising services for sending
underprivileged children to one of several camps around the United States
which accept these children at discounted rates for one or more weeks
04-17-2014: Acceptable entry status changed from “A” added to “X” example.
“Charitable fundraising” is an acceptable identification in Class 36.
Indication of the purpose for fundraising is permissible, but is not
required.
000 Charitable outreach services, namely, providing counseling
services in the field of {indicate specific field, e.g., health, drug
rehabilitation, religion, etc.} [classification depends on subject matter]
Counseling is considered an information service - not an educational
service. Therefore, it is classified according to subject - not in Class
41.
039 Charitable services in the nature of delivery of {indicate
goods, e.g., meals, clothing, etc.} to {specify intended recipients, e.g., the
elderly, disabled persons, etc.}
Delivery of goods is acceptable
wording; further specification is acceptable, but it is not required.
036 Charitable services, namely, providing office space to
those in need
On 06-20-2013, this 07-01-2004 entry was modified by
replacing “facilities” with “space” and transferring the services from Class
35 to Class 36 because this service is comparable to rental or leasing of
office space, but it is provided on a charitable or pro bono basis.
041 Charitable services, namely, providing sporting goods in
the nature of handmade soccer balls manufactured from discarded plastic bags
to underprivileged children
08-13-2015: Status of entry changed from
“A”-Added to “X”-Example.
043 Charitable services, namely, donating small kitchen
appliances to the needy
The wording “small kitchen appliances” refers
to kitchen appliances that are typically used on the countertop for the
preparation of food and/or beverages (e.g., blenders, coffee makers, mixers,
food processors, etc.).
041 Charitable services, namely, providing children with
serious medical conditions or disabilities with aviation related educational
programs and events, namely, arts and crafts instruction, educational
exhibits, guided tours of aircrafts, conversations with pilots, and
recreational airplane rides, not for the purpose of transportation
On
8-25-2011, this 2-03-2011 entry was deleted because the wording is too
specific to be useful to a broad range of applicants. 07-25-2013: Acceptable
entry status changed from “D” deleted to “X” example. 01-01-2016: On
01-01-2016, this 07-25-2013 entry was modified by replacing “aircraft tours”
with “guided tours of aircrafts” to make clear the nature of the services and
to conform with the Nice 10-2016 entry “Conducting guided tours” in Class
41.
045 Charitable services, namely, providing emotional support
to {indicate recipients, e.g., terminally ill children, victims of natural
disasters, etc.} by means of granting wishes
09-20-12: The entry of
2-1-2006 “Charitable services, namely, granting wishes of {indicate
recipients...}” was modified to “namely, providing emotional support to
{indicate recipients} by means of granting wishes.” As originally worded,
“granting wishes” could encompass activities beyond Class 45.
044 Charitable services, namely, patient assistance program to
provide drugs free of charge to low-income patients without prescription drug
coverage
09-05-2013: Entry status changed from “A” added to “X”
example.
043 Charitable services, namely, providing potable water to
those in need
On 10-6-2011, this 2-25-2010 entry was deleted because,
although acceptable, it is too similar to the existing entry for “Charitable
services, namely, providing safe drinking water to those in developing
countries” 10-24-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Charitable services, namely providing food, clothing,
and/or medicine [Note: this service does not involve funds]
Identification too broad under 8th edition of the Nice Agreement. Nature of
goods or services provided controls classification.
045 Charitable services, namely, providing emotional support
services for {indicate demographic group, e.g., military veterans, crime
victims, etc.} by means of {indicate specific means, e.g., arranging and
conducting athletic competitions, etc.}
06-13-2013 The primary
purpose of the services is to provide emotional support to others, and these
services are classified according to that purpose. The means by which those
emotional support services are rendered are secondary and have no impact on
the classification.
044 Charitable services, namely, providing blood pressure
screenings and information on heart health
01-16-2014: Entry status
changed from “A” added to “X” example.
044 Charitable services, namely, providing medical equipment
and services to underserved communities
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Charitable services, namely, providing medical services to
underdeveloped countries
09-05-2013: Entry status changed from “A”
added to “X” example.
044 Charitable services, namely, providing trained service
dogs to disabled or challenged people
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Charitable services, namely, lending trained guide dogs to
blind people
09-05-2013: Entry status changed from “A” added to “X”
example.
044 Charitable services, namely, providing beauty and hair
care services to persons seeking employment
09-05-2013: Entry status
changed from “A” added to “X” example.
043 Charitable services, namely, providing furniture to needy
persons
Providing furniture to needy persons is classified in Class
43 because it is related to providing temporary accommodations which is also
classified in Class 43
043 Charitable services, namely, providing child care for
{indicate for whom the child care is provided, e.g., special needs
children}
On 10-6-2011, the 4-3-2008 ID, “Charitable services,
namely, providing child care for special needs children and their siblings”
was amended to the above fill-in entry
043 Charitable services, namely, providing household
furnishings for homes in the nature of furniture and utensils to those in
need
On 10-06-2011, this 7-1-2004 entry was deleted because, although
it is acceptable, it is too similar to the entry of “Charitable services,
namely, providing furniture to needy persons”. 07-25-2013: Acceptable entry
status changed from “D” deleted to “X” example.
043 Charitable services, namely, providing orphanage services
in the nature of temporary lodging and shelter for children
On
10-06-2011, this 3-3-2011 entry was amended from “Charitable services, namely,
operation of an orphanage” to the above entry for clarity
043 Charitable services, namely, providing safe and affordable
temporary housing to those in need
On 10-6-2011, this 01-06-2011
entry was amended from “Charitable services, namely, providing safe and
affordable housing, primarily to single female heads of household” to
“Charitable services, namely, providing safe and affordable housing to those
in need” to provide broader guidance on the general subject area. On
04-03-2014, the amended entry of 10-06-2011 was further amended to “Charitable
services, namely, providing safe and affordable temporary housing to those in
need” to clarify that the safe and affordable housing provided is in the
nature Class 43 temporary accommodations.
044 Charitable services, namely, providing medical attention
to those in developing countries
09-05-2013: Entry status changed
from “A” added to “X” example.
044 Charitable services, namely, providing health care
services in the nature of {indicate specific health service, e.g., wellness
programs, mental health counseling, addiction treatment, etc.} to {specify
individual or group, e.g., the homeless, veterans, disabled individuals,
etc.}
09-05-2013: Entry status changed from “A” added to “X” example.
While the specific nature of the health care services and intended
beneficiaries of the services may be indicated, such specificity is not
required. “Healthcare” is acceptable wording in Class 44.
043 Charitable services, namely, providing blankets to those
in need
Providing blankets to those in need is classified in Class 43
because it is related to providing temporary accommodations which is also
classified in Class 43
035 Charitable services, namely, organizing youth groups to
undertake projects to benefit the needy and the community to encourage
leadership, character, compassion, and good citizenship
These
services were transferred from Class 45 to Class 35 because the underlying
service in organizing and conducting these programs and projects functions
like an employment agency or other business organizing activity.
041 Charitable services, namely, sending underprivileged
children to one of several camps around the United States which accept these
children at discounted rates for one or more weeks
04-17-2014: This
entry of 04-26-2007 was deleted as it is confusing and potentially not a
service in Class 41. The term “sending” could indicate transportation or
financial sponsorship.
041 Charitable services, namely, providing vocational
education in the fields of construction and flight training to obtain pilot's
license, providing career guidance, and providing group coaching in the field
of leadership development to disadvantaged youth
On 8-25-2011, this
7-8-2010 entry was deleted because it is covered by a similar
fill-in-the-blank entry for “Vocational education in the field of {indicate
specific field, e.g., mechanics, computers} 07-25-2013: Acceptable entry
status changed from “D” deleted to “X” example.
041 Charitable services, namely, providing educational
materials in the nature of {specify type of educational materials, e.g.,
books, puzzles, magazines, etc.} to {indicate intended recipients, e.g.,
underprivileged children, those in need, etc.}
On 2-7-2013, the
8-25-2011 entry was amended to replace “to underprivileged children” with “to
{indicate intended recipients, e.g., underprivileged children, those in need,
etc.}.”
041 Charitable services, namely, providing facilities for
educational {specify type of educational activity, e.g., classes, seminars,
workshops, etc.} to {indicate group or individual, e.g., needy children,
veterans, etc.}
06-20-2013 - Although services involving provision of
general purpose facilities, such as convention centers and exhibition halls,
are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, classes, seminars, workshops, and related
activities, serve and educational purpose. Therefore, providing facilities for
educational activities is classified in Class 41.
041 Charitable services, namely, providing vocational guidance
to indigent persons seeking employment
On 01-05-2012, the word
“providing” was added for clarity, and the wording “and career counseling” was
deleted from the 02-05-2009 entry because it includes services in Classes 35
and 41. 09-05-2013: Entry status changed from “M” modified to “X” example.
041 Charitable services, namely, providing arts and crafts and
educational materials in the nature of recycled manufacturing by-products to
needy and underprivileged children
On 8-25-2011, this 7-01-2004 entry
was deleted and replaced with a new entry, “Charitable services, namely,
providing educational materials in the nature of {specify educational
materials, e.g., books, puzzles, magazines, etc.} to underprivileged children.
07/25/2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Charitable services, namely, providing a website that
features technology that enables {indicate functions or tasks that the website
technology enables}
These services are classified in International
Class 42 because providing technology that enables users to perform an
activity is a technology service. These services are not classified based on
the subject matter of the activity performed
036 Charitable services, namely, organizing fundraising
services and events to raise funds for research in the field of nephrotic
syndrome and focal segmental glomerulosclerosis (FSGS)
On 07-01-2011
this 06-05-2008 entry was deleted because it is inconsistent with other
charitable fundraising services by not clearly stating that the underlying
services is charitable fundraising. This wording implies that the underlying
wording is that of event organizing which would be in Class 35
036 Charitable services, namely, providing financial support
to disadvantaged individuals in the United States and other countries for the
purpose of facilitating health, wellness and economic development
3-28-2013. The services of providing financial support are equivalent to
providing monetary donations and are thus properly classified in Class 36.
036 Charitable services, namely, providing financial support
to people from disadvantaged countries for the purpose of facilitating
educational opportunities
3-28-2013. The services of providing
financial support are equivalent to providing monetary donations and are thus
properly classified in Class 36.
036 Charitable services, namely, providing financial support
to disadvantaged patients for the purpose of facilitating good health
3-28-2013. The services of providing financial support are equivalent to
providing monetary donations and are thus properly classified in Class 36.
039 Charitable services, namely, providing transportation to
the elderly or disabled persons
On 04-19-2012, the 07-01-2002 entry
was amended by deleting “handicapped” and inserting “disabled.”
035 Charitable services, namely, coordination of the
procurement and distribution of {indicate in-kind donations generally, or
specify types of donated goods, e.g., food donations, clothing donations,
etc.} from {indicate donors, e.g., the general public, retailers, etc.} to
{indicate recipients, e.g., needy people, disadvantaged women, etc.}
Coordination of the procurement and distribution of in-kind donations is
classified in Class 35 notwithstanding the nature or purpose of the donated
goods because the primary service involves business administration-type
activities.
035 Charitable services, namely, organizing women's groups to
undertake projects which benefit the homeless, abused, at risk women and women
in transition and in pain, while encouraging empowerment among women of all
ages and ethnicities
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.
09-05-2013: Entry status changed from “A” added to “X” example.
036 Charitable services, namely, providing financial
sponsorship of {indicate specific event or activity}
05-02-2013 -
Please note that sponsorship alone is an indefinite term. Promotional
sponsorship of {indicate specific event or activity} is in Class 35. Financial
sponsorship of {indicate specific event or activity} is in Class 36.
036 Charitable services, namely, fundraising services by means
of organizing special events for {indicate purpose of activities, subject
matter or recipient of funds, e.g., helping animals, disadvantaged children,
etc.}
On 12-13-2012 this 10-29-2009 entry was modified from
“Charitable services, namely, organizing fundraising services and events to
raise funds in the field of {indicate subject matter or field},” to
“Charitable services, namely, fundraising by means of organizing special
events for {indicate subject matter or recipient of funds, e.g., animals,
disadvantaged children, etc.}” to highlight the underlying service as that of
“charitable fundraising” which is a Class 36 service. The means by which the
fundraising is accomplished does not affect classification. In contrast, if
the underlying service is that of organizing and conducting charitable
programs or events, rather than fundraising, classification is dictated by the
nature of the service, e.g., organizing and conducting a charity auction in
Class 35.
035 Charitable services, namely providing business
administration and management of care facilities, housing facilities, and
nursing home facilities for others, namely, the elderly, children in need, and
adults with disabilities
On 06-27-2013, this 04-19-2007 entry was
modified by inserting “business” before “administration and management” to
make clear the nature of the services. Also, the status of the entry was
changed from “A” to “X” to indicate that it is an example of acceptable
wording under current USPTO policy.
035 Charitable services, namely, organizing and conducting
volunteer programs 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.
035 Charitable services, namely, organizing and conducting a
volunteer outreach program providing fresh flowers to people living with
terminal illnesses, senior in assisted living facilities and those in need
06-27-2013 - These charitable services are classified in Class 35 because
they encompass business-type of activities, such as business organization,
administration, and management of volunteer activities. The status of the
entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
035 Charitable services, namely, promoting public awareness of
environmental issues related to marine eco-systems to young people
11-17-2011: While this wording is still acceptable, the 10-07-2010 entry is
being deleted from the Manual because it is covered by the new entry
“Charitable services, namely, promoting public awareness of {indicate field or
subject matter}” in Class 35. 07-04-2013: The status of this acceptable entry
was changed from “D”-Deleted to “X”-Example.
035 Charitable services, namely, promoting public awareness
about the dangers of driving while drowsy
11-17-2011: While this
wording is still acceptable, the 04-16-2009 entry is being deleted from the
Manual because it is covered by the new entry “Charitable services, namely,
promoting public awareness of {indicate field or subject matter}” in Class 35.
07-04-2013: The status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Charitable services, namely, promoting public awareness
about poverty in the United States through a media fast program conducted by
young people
11-17-2011: While this wording is still acceptable, the
07-26-2007 entry is being deleted from the Manual because it is covered by the
new entry “Charitable services, namely, promoting public awareness of
{indicate field or subject matter}” in Class 35. 07-04-2013: The status of
this acceptable entry was changed from “D”-Deleted to “X”-Example.
041 Charitable services, namely, providing backpacks filled
with school supplies to {indicate intended recipients, e.g., school children,
needy persons, etc.}
Charitable services, namely, providing backpacks
filled with school supplies is classified in Class 41 because it relates to
education services which are also classified in Class 41. Charitable
services, namely, providing empty backpacks is classified in Class 45 by
analogy to rental of purses which is classified in Class 45.
045 Charitable services, namely, providing empty backpacks to
{indicate intended recipients, e.g., school children, needy persons, etc.}
Charitable services, namely, providing empty backpacks is classified in
Class 45 by analogy to rental of purses. Charitable services, namely,
providing backpacks filled with school supplies is classified in Class 41
because it relates to education services which are also classified in Class
41.
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 beverage glassware
for identification purposes are in 21
014 Charms for snap jewelry
Snap jewelry is jewelry
fitted for interchangeable snapped on components.
009 Chart recorders
Chart recorders are
electromechanical devices that record an electrical or mechanical input trend
onto a piece of paper.
016 Charts in the field of {indicate subject matter} [for
displaying data]
06-17-10 Inserted the wording “[for displaying
data]” to clarify the nature and purpose of the goods.
025 Chasubles
05-14-2015: A chasuble is a sleeveless
outer vestment worn by the officiating priest at mass.
038 Chat room services for social networking
11-17-2011 While the wording in this identification of 7-30-2009 is still
acceptable, the entry has been deleted because these services are covered by
the entry “Providing on-line chat rooms for social networking.” 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
028 Checkers
On 10-03-2013, the 07-20-2004 entry
“Checkers [checker sets]” was modified to the current entry to make clear that
“Checkers” is an acceptable identification in Class 28 as the commonly used
terminology to describe the two-player strategy board game.
029 Cheese made in {insert geographic name or region} in
accordance with specific standards
For information about identifying
goods or services which are subject to legal systems or schemes for the
protection of geographical indications of origin, see TMEP Section
1402.03(g).
030 Cheese straws
Cheese straws are cheese-flavored
pastry strips which are generally baked. Cheese straws are classified in
Class 30 because pastry is classified in Class 30.
030 Cheesecakes
On 05-26-2016, this entry of
04-02-1991 was modified from the singular to the plural “cheesecakes.”
001 Chemical additives for oil well drilling fluids
On 4-23-2015, the 06-01-2001 entry was amended from “fluid” to “fluids” to
match a TM5 entry.
001 Chemical additives for enhancing the performance of
lubricating oils, greases and internal combustion engine fuels
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
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 use with internal combustion engine
fuels
On 03-03-2016, the 06-25-2015 entry was deleted because it is a
duplicate of an existing entry in Class 1, Term ID 001-106.
001 Chemical adsorbents for removing impurities from fuel
Non-chemical based adsorbents for oils and fuels are in Class 4
040 Chemical distillery services
On 01-17-2013, this
note was added to make clear that this distillery service must be done for
others to constitute a service. Distilling one's own chemical is not a
service under the Trademark Act.
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
022 Chemical fiber bags for industrial use
On
06-12-2014, this 07-20-2004 entry was amended from “Chemical fiber bags [for
use in industry]” to the current entry for clarity.
034 Chemical flavorings in liquid form used to refill
electronic cigarette cartridges
On 01-01-2015, this 02-02-2012 entry
was transferred from Class 30 to Class 34 in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Flavorings
for food or beverages are classified in Class 30. 01-01-2016: “Essential oils”
appears in the Nice Alphabetical List in Class 3. Flavorings for food,
beverages, or tobacco that are essential oils are classified in Class 3.
Flavorings for food or beverages other than essential oils are classified in
Class 30.
034 Chemical flavorings for the preparation of tobacco,
namely, cigarette tobacco, chewing tobacco and snuff
On 01-01-2015,
this 11-18-2010 entry was transferred from Class 30 to Class 34 in compliance
with the Nice Classification, Tenth edition, version 2015, effective
01-01-2015. Flavorings for food or beverages are classified in Class 30.
01-01-2016: “Essential oils” appears in the Nice Alphabetical List in Class 3.
Flavorings for food, beverages, or tobacco that are essential oils are
classified in Class 3. Flavorings for food or beverages other than essential
oils are classified in Class 30.
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 Chemical oxidants for use in the manufacture of printed
circuits
On 03-03-2016, the 06-25-2015 entry was deleted because it
is a duplicate of an existing entry in Class 1, Term ID 001-107.
001 Chemical preparations, namely, polyurethane acrylates
applied to substrates for purposes of sublimation
On 06-13-2013, the
07-01-2004 entry was amended to replace the wording “Processed resins” with
“Chemical preparations” to clarify the nature of the goods and avoid confusion
with the unprocessed resin entries in Class 1.
001 Chemical preparations for preventing pathogenic infections
in plants
10-17-2013 - Chemical preparations for preventing growth of
organisms are generally classified in Class 1, while chemical preparations for
treating or destroying organisms, e.g., disinfectants, antibacterial and
antimicrobial preparations, etc., are generally classified in Class 5.
001 Chemical preparations, namely, {indicate type of product,
e.g., sprays, gels, powders, etc.} for use in preventing odors, mold and
mildew from building up on outdoor furniture, carpets and cushions
On
10-17-2013, the status of this 03-24-11 entry was changed from “A” to “X” to
indicate that it is an example of acceptable wording under current USPTO
policy. Chemical preparations for preventing growth of organisms are generally
classified in Class 1, while chemical preparations for treating or destroying
organisms, e.g., disinfectants, antibacterial and antimicrobial preparations,
etc., are generally classified in Class 5.
001 Chemical preparations to prevent mildew
10-17-2013 - Chemical preparations for preventing growth of organisms are
generally classified in Class 1, while chemical preparations for treating or
destroying organisms, e.g., disinfectants, antibacterial and antimicrobial
preparations, etc., are generally classified in Class 5.
005 Chemical preparations to treat mildew
10-17-2013
- Chemical preparations for preventing growth of organisms are generally
classified in Class 1, while chemical preparations for treating or destroying
organisms, e.g., disinfectants, antibacterial and antimicrobial preparations,
etc., are generally classified in Class 5.
005 Chemical preparations to treat wheat smut
10-17-2013 - Chemical preparations for preventing growth of organisms are
generally classified in Class 1, while chemical preparations for treating or
destroying organisms, e.g., disinfectants, antibacterial and antimicrobial
preparations, etc., are generally classified in Class 5.
005 Chemical preparations for treating phylloxera
10-17-2013 - Chemical preparations for preventing growth of organisms are
generally classified in Class 1, while chemical preparations for treating or
destroying organisms, e.g., disinfectants, antibacterial and antimicrobial
preparations, etc., are generally classified in Class 5.
005 Chemical preparations for treating mildew
10-17-2013 - Chemical preparations for preventing growth of organisms are
generally classified in Class 1, while chemical preparations for treating or
destroying organisms, e.g., disinfectants, antibacterial and antimicrobial
preparations, etc., are generally classified in Class 5.
001 Chemical products for the preparation of enamels
On 01-01-2015, this 07-20-2004 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015, because it
is broad enough to encompass goods in Class 2. Note that “chemical
preparations, except pigments, for the manufacture of enamel” remains in Class
1.
009 Chemical reactor
7-23-09 - 6-25-09 entry deleted
because it does not specify whether the reactors are for industrial use in 7
or laboratory use in 9 as the other chemical reactor entries in the Manual
do.
001 Chemical thickeners for use in the manufacture of {specify
end product, e.g., adhesives, cosmetics, etc.}
Thickeners for colours
and paints are in Class 2.
001 Chemicals (Photocopier)
This entry was deleted
because chemicals are generally classified in Class 1. However, 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, except fungicides,
herbicides, insecticides and parasiticides
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. 11/13/08 - the language
“except fungicides, herbicides, insecticides and parasiticides” was added to
make it clear in the language of the ID itself that these are raw, unfinished
chemicals and not finished products made with chemicals that are in a class
other than Class 1.
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.
001 Chemicals, namely, {specify raw, pure or unfinished
chemical, e.g., acetylene, calcium phosphate, dichloroethane, etc.}
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 Chemimechanical pulp
Chemimechanical pulp is the
result of chemically treating and then crushing wood chips into pulp. Wood
pulp is in the Nice Alphabetical List in Class 1, and by analogy,
chemimechanical pulp is also in Class 1.
025 Chemisettes
05-14-2015: A chemisette is a woman’s
garment usually of lace to fill the open front of a dress.
024 Chenille fabric
06-04-2015: Chenille fabric is a
pile-face fabric with a filling of protruding pile yarn.
023 Chenille yarn
06-25-2015: Chenille yarn is a
specialty yarn, characterized by a pile protruding on all sides.
036 Cheque guarantee card services
On 01-01-2016,
this 09-16-2010 entry was deleted in compliance with the Nice Classification,
Tenth edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit
card services, debit card services, or other payment card services are
indefinite and overly broad because the nature of the activity provided is
unclear. The common name of the activity provided in connection with credit
cards, debit cards, or the like should be specified, e.g., processing of
credit card payments, in Class 36.
030 Cherries jubilee
Cherries jubilee is a dessert
made with flambéed cherries and liqueur that is commonly served as a sauce
over vanilla ice cream.
024 Cheviot fabric
06-04-2015: Cheviot fabric is a
coarse woolen fabric made from the wool of a Cheviot sheep.
003 Chew sticks made from {indicate material, e.g. birchwood,
tea tree, sassafras, etc.} that are primarily for freshening breath
11-28-2013: Original entry of 06-01-2001 modified to remove “birchwood
extracts” from outside of curly brackets and make the entry a fill-in. Entry
status changed from “A” added to “X” example. Chew sticks are twigs with a
frayed end used to brush against the teeth with the other end for use as a
toothpick. They are also known as “twig brushes” in parts of the United
States.
030 Chewing gums
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
029 Chicken
12-01-2016 - When used in singular form,
“chicken,” “turkey,” “pheasant” and “quail” are acceptable identifications in
Class 29 based on the wording “meat, fish, poultry and game” in the Class 29
Heading. However, in the plural form, “chickens,” “turkeys,” “pheasants” and
“quails” are indefinite and overbroad because the identifications encompass
live animals in Class 31.
029 Chicken powder for human consumption for use as a food
additive
On 01-26-2012, this 03-11-2010 entry was deleted because it
is overbroad and may include goods in multiple classes. Under the Tenth
Edition of Nice Classification System, applicants must indicate the generic
name of the food additives and their purpose and classify those goods
according to purpose (when the goods are for culinary purposes, then the
nature of the additives also factors into the classification).
018 Chicken saddles
Also called “chicken aprons,”
chicken saddles are typically worn by hens to protect their skin and feathers
from potential injury and damage.
043 Child care
This service encompasses only
temporary care of a child at a location other than the home. On 10-6-2011,
this 1-1-2002 entry was deleted because it is covered by the existing entry of
“Child care services”. 07-25-2013: Acceptable entry status changed from “D”
deleted to “X” example.
043 Child care services
This service encompasses only
temporary care of a child at a location other than the home.
026 Child restraining devices in the nature of cloth child
harness for household chair
10-03-2013: Entry status changed from “A”
added to “X” example.
043 Child welfare services, namely, providing children's
residential homes and food to children in need
On 10-6-2011, this
12-16-2010 entry was deleted because, although acceptable, it is too similar
to existing entry for “Child welfare services, namely, providing residential
homes and housing for at-risk children and youth” 10-24-2013: Acceptable entry
status changed from “D” deleted to “X” example.
025 Children's and infants' apparel treated with fire and heat
retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece
garments
09-26-2013: Entry status changed from “A” added to “X”
example.
016 Children's books and dolls sold as a unit
When a
product is comprised of items that are sold as a unit, the ID should include
wording that the goods are “sold as a unit.” The predominant elements of the
product should be listed first and the goods will be classified accordingly.
See TMEP Section 1401.05(a).
016 Children's books and Christmas tree ornaments sold as a
unit
01-16-2014: Entry status changed from “A” added to “X”
example.
043 Children's creches
On 10-6-2011, this 7-20-2004
entry was deleted because, although acceptable, it is covered by the existing
entry of “Creche services [Day nurseries]”. 07-25-2013: Acceptable entry
status changed from “D” deleted to “X” example.
020 Children's mats used for sleeping
5-7-09 - Item
was incorrectly classified in Class 27 in the 4-30-09 update.
025 Children's underwear
Underwear is acceptable
wording; further specification is acceptable, but it is not required.
029 Chili con carne
Chili con carne is a type of
chili that is made with meat. “Chili” is acceptable wording in Class 29;
further specification of the particular type of chili is acceptable, but it is
not required.
030 Chimichurri
Chimichurri (which may also be
spelled “chimmichurri”) is a green sauce made of finely-chopped parsley,
minced garlic, olive oil, oregano, and white vinegar that is commonly used for
grilled meat.
006 Chimney shafts of metal
The chimney shaft is the
segment of the chimney that projects above the roof.
009 Chipsets
A chipset is a group of integrated
circuits manufactured and sold as a unit to perform a single computer function
or other electronic function.
009 Chipsets for connecting multimedia home devices, home and
VoIP phones and digital cordless phone devices
On 05-07-2015, the
status of this entry was changed from “A - Added” to “X - Example.” Chipsets
is an acceptable identification; further specification is acceptable, but it
is not required.
010 Chiropractic instruments for {indicate purpose, e.g.,
detecting heat in skin tissue, etc.}
Chiropractic instruments is
acceptable wording; further specification of the purpose of the instruments is
acceptable, but it is not required.
044 Chiropractic services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Chiropractic services for {indicate intended patients,
e.g., children, individuals with chronic illnesses, animals, etc.}
Chiropractic services is acceptable wording in Class 44; further specification
as to the particular group or individuals using the service is acceptable, but
it is not required. 09-05-2013: Entry status changed from “A” added to “X”
example.
044 Chiropractic services offered in or from a remote, mobile
or temporary on-site location
08-01-2013: Acceptable entry status
changed from “A” added to “X” example.
008 Chisels [hand-operated]
While all hand-operated
or manually-operated tools (that is, tools powered by hand, 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 also handheld.
030 Chocolate-based spread also containing nuts
On
03-14-2013, this 11-01-2004 entry was changed from “Spread containing
chocolate and nuts” to “Chocolate-based spread also containing nuts” to make
clear the nature of the goods and the justification for classification. These
goods are classified in Class 30 because chocolate is the primary component,
and chocolate is classified in Class 30.
030 Chocolate-coated nuts
01-01-2016:
“Chocolate-coated nuts” is included in the Nice Alphabetical List in Class 30
based on the wording “confectionery” in the Class 30 Class Heading. The goods
are a type of candy, and non-medicated candy is classified in Class 30 under
the Nice Agreement.
028 Christmas garlands
Confusing entry - only
artificial Christmas garlands are in Class 28. Live, fresh or dried garlands
are in Class 31.
028 Christmas tree decorations [except confectionery and
electric Christmas lights]
Decorations and ornaments that are not for
Christmas trees are classified by their material compositions. On 09-26-2013,
the 03-15-1993 entry was modified by deleting “or illumination articles” and
inserting “and electric Christmas tree lights” to make clear the nature of the
“illumination articles” that are excluded from this category of goods.
Although illuminated Christmas-themed ornaments, such as an illuminated Santa
Claus figure and electric Christmas tree lights, are classified in Class 11
because they function as lighting apparatus, illuminated Christmas tree
ornaments are in Class 28 because they function as primarily as Christmas tree
decorations and the illumination component is ancillary to the primary
function.
028 Christmas tree ornaments and decorations [except
confectionery and electric Christmas tree lights]
Decorations and
ornaments that are not for Christmas trees are classified by their material
compositions. On 09-26-2013, the 11-22-2007 entry was modified by inserting
“[except confectionery and electric Christmas tree lights]” to make it
consistent with similar Manual entries describing Christmas tree decorations.
Although illuminated Christmas-themed ornaments, such as an illuminated Santa
Claus figure and electric Christmas tree lights, are classified in Class 11 as
lighting apparatus, illuminated Christmas tree ornaments are in Class 28
because they function as primarily as Christmas tree decorations and the
illumination component is ancillary to the primary function.
028 Christmas tree ornaments [except confectionery and
electric Christmas tree lights]
Decorations and ornaments that are
not for Christmas trees are classified by their material compositions. On
09-26-2013, the 03-15-1993 entry was modified by deleting “or illumination
articles” and inserting “and electric Christmas tree lights” to make clear the
nature of the “illumination articles” that are excluded from this category of
goods. Although illuminated Christmas-themed ornaments, such as an illuminated
Santa Claus figure and electric Christmas tree lights, are classified in Class
11 as lighting apparatus, illuminated Christmas tree ornaments are in Class 28
because they function as primarily as Christmas tree decorations and the
illumination component is ancillary to the primary function.
009 Chromatography columns for laboratory use
On
3-28-2013, the 10-1-2005 entry “Chromatography columns” was modified to add
“for laboratory use.” Chromatography apparatuses for laboratory use are
classified in Class 9. Chromatography apparatuses for industrial purposes are
classified in Class 11. The identification should indicate the use of the
goods for classification purposes.
016 Chromolithographs [chromos]
Chromolithographs are
color prints produced from a series of lithographic stones or plates.
016 Chromos
Chromos, also known as chromolithographs,
are color prints produced from a series of lithographic stones or plates.
040 Cidery services
As with all services, this must
be done for others. Making one's own cider is not a service under the
Trademark Act.
034 Cigar and cigarette boxes of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice
Agreement.
016 Cigar bands
2/12/09 - Transferred from Class 34
(4/12/99 entry). Goods are in Class 16 in Nice Agreement.
012 Cigar lighters for automobiles
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 7-20-2004 was
transferred to Class 12 (as land vehicle parts), pursuant to the 10th Edition
of the Nice Agreement.
034 Cigarette ash receptacles
These are urn-like
items that stand on the floor. They are rarely, if ever, made of precious
metal so the ID does not have to indicate that as it does with the 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.
007 Cigarette machines for industrial purposes
These
machines are not smokers' articles. They are industrial machines.
034 Cigarette papers
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
041 Cinematographic adaptation and editing
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.
009 Cinematographic film
12-10-09 - The 6-1-01 entry
was deleted because cinematographic film is in Class 1 if it is unexposed and
in Class 9 if it is exposed. Since this entry in Class 9 does not indicate
that the film is exposed, it would include the Class 1 unexposed film.
030 Cinnamon-coated nuts
On 01-01-2016, this
07-29-2010 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. “Candied nuts” and “Flavored
nuts” were added to the Nice Alphabetical List in Class 29 under Nice 10-2016,
by analogy to “nuts, prepared,” which appears in the Alphabetical List in
Class 29. “Cinnamon-coated nuts” is indefinite and overly broad under Nice
10-2016; it is unclear if the goods are in the nature of Class 29 flavored
nuts or if the goods are a type of candy appropriate to Class 30 based on the
wording “confectionery” in the Alphabetical List and Class Heading. The ID
Manual includes a fill-in entry for “Prepared nuts flavored with {specify,
e.g., cocoa, sugar, cinnamon, etc.}” in Class 29 and an entry for “Candy” in
Class 30.
009 Circulators
On 10-03-2013, this entry of
07-20-2004 was deleted because it is too broad. It would include circulators
in the nature of electronic components in Class 9, circulators in the nature
of water heaters in Class 11 and circulating pumps in Class 7.
021 Citrus squeezers
03-28-2013: This entry of
04-02-1991 was modified to change “lemon squeezers” to “citrus squeezers” to
be more widely encompassing to squeezers for various types of citrus fruit
(limes, oranges, tangerines, etc.).
045 Civil protection
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
012 Civilian drones
Drones is acceptable wording;
further specification is acceptable, but it is not required.
008 Clamps for carpenters or coopers
Coopers are
craftsmen who make or repair wooden barrels or tubs.
031 Clams [live]
08-04-2011: Deleted the 03-15-1993
entry and replaced it with “Live clams” because the entry caused confusion
with “Clams [not live]” in Class 29.
029 Clams, not live
On 1-31-2013, the 7-20-2004 entry
“Clams [not live]” was modified to incorporate the bracketed wording into the
identification. Live clams are classified in Class 31.
029 Clams, not live [for human consumption]
On
1-31-2013, the 3-15-1993 entry “Clams [not live; for human consumption]” was
modified to incorporate the bracketed wording “not live” into the
identification. Live clams are classified in Class 31.
009 Clapperboards
Clapperboards are devices held in
front of movie cameras and banged together to indicate the start of the movie
scene or take. Clapperboards are classified in Class 9 as cinematographic
apparatus.
015 Clarions
Clarions are medieval trumpets with a
shrill clear tone.
008 Claw crackers
Also known as “lobster crackers” or
“crab claw crackers,” claw crackers are utensils that are used to crack the
hard shells of crabs and lobsters by pulling the two handles together to
access the flesh inside.
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.
021 Cleaning brushes for {indicate sport, e.g., golf, ski,
etc.} equipment
“Cleaning brushes for sports equipment” is an
acceptable identification; further specification is acceptable, but it is not
required.
021 Cleaning cloth
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
021 Cleaning cloths of {specify fabric, e.g., microfiber,
cotton, chamois, etc.} for electronic devices
Cleaning cloths is
acceptable wording; further specification is acceptable, but it is not
required.
003 Cleaning preparations containing vitamins, minerals, plant
extracts and/or botanicals, used to preserve hard surfaces by rendering the
surfaces free of aging agents
11-28-2013: Entry status changed from
“A” added to “X” example.
011 Cleansing/sanitizing system comprising a containment
enclosure specially adapted for containing an atomized cleansing/sanitizing
spray mechanism for use in the cleansing/sanitizing of objects including
articles of manufacture, natural products, foods and pharmaceuticals
11-28-2013: Entry status changed from “A” added to “X” example.
002 Clear and pigmented coatings in the nature of paint
On 11-8-2012, this 10-01-2002 entry, “Clear and pigmented coatings used
in the nature of paint” was modified to delete the word “used” for grammatical
purposes as follows: “Clear and pigmented coatings in the nature of
paint.”
009 Clear protective covers specially adapted for personal
electronic devices, namely, {indicate specific device, e.g., cell phones, MP3
players, personal digital assistants, etc.} [excluding gaming apparatus]
On 12-06-2012, this 05-15-2008 entry “Clear protective covers specially
adapted for personal electronic devices” was amended to make explicit the
rationale for classification in Class 9. Since these goods are specially
adapted for use with a particular electronic device, classification of the
electronic device controls classification of the covers. As previously
written, the ID would include covers for gaming devices in Class 28 since all
game apparatus are in Class 28 because “games and playthings” are in the Class
Heading under the 10th Edition. Thus, the ID should indicate the specific
electronic device for proper classification.
009 Clickers for training dogs
On 02-28-13, this
02-01-2006 entry was transferred from Class 28 to Class 9 because the goods
are teaching apparatus similar to “Dog whistles,” which are in the Nice
Alphabetical List in Class 9.
009 Climate control systems consisting of digital thermostats
for cooling equipment, and a programmable logic controller (PLC) with input
and output features for temperature and humidity, which works with a remote
digital read out controller
11-28-2013: Entry status changed from “A”
added to “X” example.
044 Clinical medical physics services, namely, radioactive
material placement or removal in patients, radioactive material measurement,
calculation of dosing delivered to patients and others exposed to radiation,
and consultation and treatment planning with radiation oncologists
09-05-2013: Entry status changed from “A” added to “X” example.
009 Clinometer
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
037 Clock and watch repair services
On 8-2-2012, this
4-2-1991 entry was amended to add the word “services” to the end of the
entry.
014 Clock cases being parts of clocks
On 01-01-2016,
this 11-15-2007 entry was amended from “Clock cases” to “Clock cases being
parts of clocks” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
009 Clock generators for computers
Clock generators
are circuits producing timing signals for synchronizing the circuits’
operations. Clock generators for computers are typically embedded in the
motherboard and control the speed of the central processing unit, for
example.
040 Closed captioning of films and videos
This entry
was transferred from Class 41 to Class 40 in accordance with other entries for
services that insert or otherwise materially alter electronic data that 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 the 9th edition of the Nice
Agreement.
025 Cloth bibs
This refers to eating bibs for babies
made of cloth, not bib overalls or ski bibs.
025 Cloth bibs for use by senior citizens or physically- or
mentally-challenged persons
10-01-2015: Entry status changed from “A”
added to “X” example.
025 Cloth diapers
On 1-1-2012 this entry of 4-2-1991
was deleted. Pursuant to the 10th Edition of the Nice Agreement, all diapers
for humans, including baby diapers and diapers for adult incontinence, are in
Class 5. However, this identification is indefinite because it does not
specify whether these goods are for babies or adults.
040 Cloth dyeing
02-11-2016: Dyeing services are
classified in Class 40 pursuant to the Class 40 Explanatory Note.
021 Clothes drying hangers specially designed for specialty
clothing
12-06-12: These goods are classified in Class 21 because
they are similar in function to “Drying racks for washing,” which appears in
the Nice Alphabetical List in Class 21. They are more similar to the Drying
racks than the Clothes hangers in Class 20.
011 Clothes drying machines [electric, for household
purposes]
On 04-19-2012, this 07-20-2004 entry was deleted from the
Manual because it is already covered by the existing entry “Clothes dryers” in
Class 11; this wording is still acceptable, however. 10-03-2013: Acceptable
entry status changed from “D” deleted to “X” example.
021 Clothes drying racks
12-06-12: These goods are
classified in Class 21 because they are similar in function to “Drying racks
for washing,” which appears in the Nice Alphabetical List in Class 21. They
are more similar to the Drying racks than the Clothes hangers in Class 20.
007 Clothes washing machine featuring a monitor to sense
appropriate detergent and suds levels sold as a component part of clothes
washing machines
01-16-2014: Entry status changed from “A” added to
“X” example.
026 Clothing accessories, namely, plastic clips that attach to
the lower hem of shirts and blouses that allows the user to tighten the
hem
10-03-2013: Entry status changed from “A” added to “X”
example.
025 Clothing layettes
On 04-02-2015, the 02-20-1996
entry, “Layettes” was amended to “Clothing layettes” to match the TM5 approved
entry.
025 Clothing straps for {indicate type of clothing, e.g.,
bras, dresses, halter tops, etc.}
The clothing straps are intended
for use with clothing in Class 25, such as bras, dresses, and halter tops.
Clothing straps for use with clothing in classes other than Class 25, such as
post-surgical bras in Class 10, are classified in the same class as the
specialized clothing.
025 Clothing wraps
On 01-14-2016, this 04-02-1991
entry was modified by deleting “[clothing]” and inserting the term into the
description to make clear the nature of the goods and distinguish them from
sandwich wraps in Class 30. The term “wraps” alone is no longer acceptable in
Class 25.
025 Clothing, namely, {indicate specific item e.g. shirts,
pants, skirts, etc.} [this item is NOT available for TEAS Plus filings]
08-17-11 Most clothing items fall in class 25 except those that are
adapted for a specific purpose or that serve a life-preserving function.
Clothing that is adapted for a specific purpose is classified in the class
related to that purpose. For example, “Dog clothing” is in Class 18 along
with other pet-related items. Clothing that may prevent potentially
life-threatening injury to the body, such as “Insulated clothing for
protection against accident or injury,” is in Class 9.
012 Clutch mechanisms for motor cars
06-04-2015:
Entry status changed from “A”-Added to “X” -Example.
021 Coal hods
Coal hods are small pails for carrying
coal.
007 Coal loaders
These goods are classified in Class
7 because they are machines and function similar to conveyors.
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. On
02-12-2015, this entry was deleted because the wording in the entry and in the
note were unclear.
016 Coasters of cardboard
On 07-03-2014, the
04-28-2011 entry “Coasters made of cardboard” was amended to “Coasters of
cardboard” to match a TM5 approved entry.
021 Coasters, not of paper and other than table linen
02-12-2015 - Paper coasters are in Class 16. Coasters of table linen are in
Class 24. The only materials excluding a coaster from being classified in
Class 21 are those of paper in Class 16 and those of textile in Class 24.
002 Coating compositions in the nature of paint containing
thermosetting resins and thermoplastic resins used to coat metal products, for
industrial applications
10-03-2013: Entry status changed from “A”
added to “X” example.
002 Coatings comprised of cement
On 07-10-2014, this
Note was added to make clear the distinction between coatings in Class 2 and
Class 19. A coating is a liquid spread on surfaces that dries to form a thin
layer, often of color, and is justified in Class 2 based on the Class Heading,
“Paints, varnishes, lacquers.” However, coatings that are not in Class 2 are
not in the nature of liquids that dry to a thin layer. Rather, they are
coatings that lay down a substantial layer that amounts to application of a
building material, and are therefore, justified in Class 19 based on the Class
Heading, “Building materials (non-metallic)” and the Alphabetical List entry,
“coatings [building materials]” in Class 19.
002 Coatings in the nature of {indicate specific type, e.g.,
automobile finishing}
Some specific, specialized coatings may be
classified in several classes, e.g., Antimicrobial coatings to treat the
growth of mold, mildew, bacteria and fungus on various surfaces in
International Class 5, Asphalt roof coatings in International 19, etc.]
002 Coatings in the nature of stains for exterior use on a
variety of substrates
Coatings in the nature of stains is acceptable
wording; further specification is acceptable, but it is not required.
002 Coatings in the nature of stains for interior use on a
variety of substrates
Coatings in the nature of stains is acceptable
wording; further specification is acceptable, but it is not required.
025 Coats for {specify wearer, e.g., babies, adults, children,
women, men, etc. NOTE: Animal clothing is classified in Class 18.}
Coats is acceptable wording; further specification is acceptable, but is not
required.
009 Coaxial relays
Coaxial relays are electric
switches for opening and closing coaxial cable circuits.
001 Cobalt oxides for industrial purposes
On
08-08-2013, the 07-20-2004 entry was amended to add “for industrial purposes.”
“Cobalt oxide(s)” is indefinite because it is broad enough to include
industrial chemicals in Class 1 and colorants in Class 2.
010 Cochlea implants [made of artificial materials]
Note added on 3-21-2013 - A cochlear implant is a mechanical alternative to
hearing for deaf persons consisting of a microphone, signal processor,
external transmitter and implanted receiver.
010 Cochlear implants [made of artificial materials]
Note added on 3-21-2013 - A cochlear implant is a mechanical alternative to
hearing for deaf persons consisting of a microphone, signal processor,
external transmitter and implanted receiver.
043 Cocktail lounge buffets
This entry was
transferred from Class 42 to Class 43 due to the restructuring of 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 of Class 42 that was implemented
in the 8th edition of the Nice Agreement. On 10-06-2011, this 1-1-2002 entry
was deleted because, although acceptable, it is covered by the existing entry
for “Cocktail lounge services”. 07-25-2013: Acceptable entry status changed
from “D” deleted to “X” example.
029 Cocktail onions
Cocktail onions are typically
pearl onions pickled in a brine with small amounts of turmeric and
paprika.
030 Cocktail sauces
This entry refers to catsup with
horseradish and lemon juice.
029 Cocoa butter for food
On 01-01-2016, this
04-12-1999 entry was modified to delete the word “purposes” in order to align
the entry with the Alphabetical List under Nice 10-2016.
029 Coconut cream
Coconut cream is a paste-like
substance and is classified in Class 29 as processed coconut. Typically used
as an ingredient in cooking, baking and cocktails, it is not itself a
beverage.
032 Coconut milk
On 01-01-2015, this 07-01-2006 entry
was deleted in compliance with the Nice Classification, Tenth edition, version
2015, effective 01-01-2015. The identification is overly broad for
classification purposes. Milk substitutes are classified in Class 29. Thus,
“Coconut-based beverage used as a milk substitute” is classified in Class 29.
“Coconut-based beverages not being milk substitutes” is classified in Class
32.
032 Coconut-based beverages not being milk substitutes
On 05-31-2013, the 06-04-2009 entry was amended to add the wording “not
being milk substitutes” in order to clarify the nature of the goods and to
avoid confusion. Coconut-based beverages used as milk substitutes are
classified in Class 29.
032 Coconut-based non-alcoholic beverages not being milk
substitutes
On 05-31-2013, the 04-22-2010 entry was amended to add
the wording “not being milk substitutes” in order to clarify the nature of the
goods and to avoid confusion. Coconut-based beverages used as milk
substitutes are classified in Class 29.
029 Cods, not live
On 1-31-2013, the 7-20-2004 entry
“Cods [not live]” was modified to incorporate the bracketed wording into the
identification. Live cods are classified in Class 31.
043 Coffee and juice bar services
On 10-6-2011, this
8-13-2009 entry was deleted because it is covered by the separate entries of
“Coffee bars” and “Juice bar services”. 07-25-2013: Acceptable entry status
changed from “D” deleted to “X” example.
043 Coffee and tea bars
On 10-6-2011, this 9-24-2009
entry was deleted because it is covered by the separate entries for “coffee
bars” and “tea bars”. 07-25-2013: Acceptable entry status changed from “D”
deleted to “X” example.
021 Coffee measures [domestic]
On 10-27-2016, this
04-02-1991 entry was deleted because the use of the term “measures” is
confusing and overbroad.
021 Coffee pots of precious metal
Transferred from
Class 14 in accordance with 9th edition of Nice Agreement.
011 Coffee roasters
06-26-2014 - Coffee roasters,
both electric and non-electric, are classified in Class 11 as a type of
heating apparatus.
021 Coffee scoops
03-05-2015 - Coffee scoops are
classified in Class 21 as household or kitchen utensils. Tableware scoops and
scoops for serving and portioning foods in Class 21 are distinguishable from
hand-operated scooping tools in Class 8, which are generally used to transfer
unspecified amounts of bulk materials, such as sugar or rice, from a bag to a
container, for example. For classification purposes, the key distinction for
scoops in Class 8 and scoops in Class 21 is whether the scoops are for
transferring unspecified amounts of materials or foods, or for serving or
portioning foods.
021 Coffee services [tableware]
This refers to the
items used to serve coffee - the pot, cream pitchers and sugar bowls. On
1-1-2012, this entry of 1-1-2007 was revised to add the term “[tableware]”
pursuant to the 10th Edition of the Nice Agreement to clarify the nature of
the goods and to avoid confusion with services in Class 43.
021 Coffee services of precious metal
Transferred
from Class 14 in accordance with 9th edition of Nice Agreement.
043 Coffee supply services for offices [provision of
beverages]
This entry was transferred from Class 42 to Class 43 due
to the restructuring of Class 42 that was implemented in the 8th edition of
the Nice Agreement.
030 Coffee-based beverages containing ice cream (affogato)
Affogato is an Italian term meaning drowned and refers to a beverage
consisting primarily of coffee or espresso and containing ice cream or
gelato.
043 Coffee-house and snack-bar services
On 10-6-2011,
this 7-20-2004 entry was deleted because, although acceptable, it is too
similar to the separate listings for “Coffee shops” and “Snack bar services”.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
025 Coifs
05-14-2015: A coif is a tight-fitting cap
that covers the top, back, and sides of the head and is now often worn under a
veil, as by nuns.
009 Coin-operated gates for car parking facilities
1-1-2012 This Class 9 electric or coin-operated entry of 7-20-2004 has been
deleted, pursuant to the 10th Edition of the Nice Agreement. These goods
should by their material composition, i.e., “metal” in Class 6 and “non-metal”
in Class 19.
009 Coin-operated gates for car parks or parking lots
1-1-2012 this Class 9 electric or coin-operated entry of 11-8-2007 has been
deleted, pursuant to the 10th Edition of the Nice Agreement. These goods
should by their material composition, i.e., “metal” in Class 6 and “non-metal”
in Class 19.
006 Coin-operated metal gates for car parks or parking
lots
This entry replaces the entry Coin-operated gates for car parks
or parking lots in Class 9 that was deleted pursuant to the 10th Edition of
the Nice Agreement. These goods should be classified based on material
composition, metal in Class 6 and non-metal in Class 19.
006 Coin-operated metal gates for car parking facilities
This entry replaces the entry coin-operated gates for car parking
facilities in Class 9 that was deleted pursuant to the 10th Edition of the
Nice Agreement. These goods should be classified based on material
composition, metal in Class 6 and non-metal in Class 19.
019 Coin-operated non-metal gates for car parking
facilities
This entry replaces the entry coin-operated gates for car
parking facilities in Class 9 that was deleted pursuant to the 10th Edition of
the Nice Agreement. These goods should be classified based on material
composition, metal in Class 6 and non-metal in Class 19.
019 Coin-operated non-metal gates for car parks or parking
lots
This entry replaces the entry Coin-operated gates for car parks
or parking lots in Class 9 that was deleted pursuant to the 10th Edition of
the Nice Agreement. These goods should be classified based on material
composition, metal in Class 6 and non-metal in Class 19.
007 Coin-operated vending machines
On 1-1-2012, this
Class 9 electric or coin-operated apparatus entry of 5-7-2010 was transferred
to Class 7 (as machines), pursuant to the 10th Edition of the Nice
Agreement.
003 Cold creams
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
042 Collaborative computer programming for others in the
nature of hackathons
Hackathons, also known as “codefests” and
“hackfests,” are computer programming sessions where programmers and other
parties involved in software and hardware development come together to
collaboratively devise new ideas and concepts and create new computer
applications or software systems within a few hours or days.
025 Collar protectors
On 01-01-2015, this 05-01-2006
entry was deleted in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. Under Nice 10-2015, “Collar protectors” is
indefinite because the precise nature of the goods is unclear. The common name
of the collar protectors should be specified, e.g., “Mufflers [neck scarves].”
07-14-2016: Entries for “Collar protector strips for application to clothing
collars,” “Collar protector pads for application to clothing collars,” “Collar
liners for protecting clothing collars,” and “Collar guards for protecting
clothing collars” have been added to the ID Manual in Class 25 and may be
used, if accurate, to identify specific types of collar protectors.
035 Collection and analysis of quality metric data for
{indicate targeted group or profession, e.g., a network of health care
providers, etc.} for business purposes
11-20-2014: Collection and
analysis of quality metric data for business purposes is acceptable wording in
Class 35; further specification as to the targeted group or profession is
acceptable, but is not required.
044 Collection and preservation of human blood
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
039 Collection centers for metal cans and other recyclable
items
On 01-01-2016, this 04-02-1991 entry was transferred from Class
37 to Class 39 in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. These services involve the storage for
others of recyclable items.
039 Collection of {specify goods, e.g., bottles and cans,
paper and cardboard, toner cartridges, etc.} for recycling
On
01-01-2016, this 10-20-2011 entry was transferred from Class 37 to Class 39 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “collection of recyclable goods
[transport]” was added to the Alphabetical List in Class 39. These services
involve the transportation of goods.
039 Collection of unused books for distribution to book
wholesalers or retailers
On 10-09-2014, this 06-19-2008 entry for
“Recycling services, namely, collection of unused books for distribution to
book wholesalers or retailers” was modified to the current entry to make clear
that the nature of the service is the “collection” of items, and not the
activity of “recycling” which is in Class 40 as a materials treatment service.
01-01-2016: On 01-01-2016, this 10-09-2014 entry was transferred from Class 37
to Class 39 in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, “collection of recyclable
goods [transport]” was added to the Alphabetical List in Class 39. These
services involve the transportation of goods.
039 Collection of used books for distribution to further
users
On 10-09-2014, this 09-24-2009 entry for “Recycling services,
namely, collection of used books for distribution to further users” was
modified to the current entry to make clear that the nature of the service is
the “collection” of items, and not the activity of “recycling” which is in
Class 40 as a materials treatment service. 01-01-2016: On 01-01-2016, this
10-09-2014 entry was transferred from Class 37 to Class 39 in compliance with
the Nice Classification, Tenth edition, version 2016, effective 01-01-2016.
Under Nice 10-2016, “collection of recyclable goods [transport]” was added to
the Alphabetical List in Class 39. These services involve the transportation
of goods.
035 Collection, preparation, composition, storage, processing,
acquisition and provision of business information, data, statistics and
indices
Storage is a Class 39 service and should not be included in a
Class 35 identification of services.
037 Collection, removal and disposal of unwanted, or donated
books for redistribution to various entities, including charities, book
wholesalers, and retailers
On 10-09-2014, this 06-26-2008 entry for
“Recycling services, namely, collection, removal and disposal of unwanted, or
donated books for redistribution to various entities, including charities,
book wholesalers, and retailers” was modified to the current entry to make
clear that the nature of the service is the “collection” of items, and not the
activity of “recycling” which is in Class 40 as a materials treatment.
01-01-2016: On 01-01-2016, this 10-09-2014 entry was deleted because it
encompasses services in multiple classes under Nice 10-2016. Under Nice
10-2016, “collection of recyclable goods [transport]” was added to the
Alphabetical List in Class 39.
200 Collective Membership Mark for indicating membership in
{specify organization or group, e.g., a motorcycle club, an organization of
female accountants, a political society, etc.} [See TMEP Section
1304.02(c)]
12-16-2010 - This entry does not appear in the TEAS Plus
ID Manual because items classified in Class 200 are Collective Marks and are
not eligible for filing under TEAS Plus. 08-22-2013 - The original entry
“Collective Membership Marks [See TMEP Section 1304]” was modified to provide
more guidance to users.
000 Collective Service Marks [See TMEP Section
1303][classification based 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. 12-16-10 - This entry does not appear in
the TEAS Plus version of the ID Manual because a class number cannot be
assigned to this entry as it appears in the Manual.
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. 12-16-10 - This entry does not appear in the TEAS
Plus version of the ID Manual because a class number cannot be assigned to
this entry as it appears in the Manual.
041 College counseling services, namely, assisting students
who struggle academically due to learning disabilities in finding colleges and
universities 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.
001 Colloidal silica-based concrete densifier
On
09-27-2012, this 09-20-2012 entry was modified from “Silica-based concrete
densifier” to “Colloidal silica-based concrete densifier” to more accurately
reflect the chemical nature of the goods.
005 Collyrium
These goods are in the nature of an eye
wash or a medicinal lotion applied to the eye.
044 Color analysis for cosmetic purposes
Since color
analysis can be done for different purposes that would be classified in
Classes other than Class 44, this entry has been specified for the Class 44
purpose. Color analysis for other purposes has been entered in the appropriate
classes of the specific purposes of the entries. This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
019 Color coatings sold as an integral component of glass
panels for building purposes
Coatings that are not specialized are
generally in Class 2. Please see the entry Coatings in the nature of {indicate
specific type, e.g., automobile finishing} in Class 2. However, this coating
is in Class 19 because it is sold as an integral component of Class 19
building materials.
040 Color laser marking of {indicate material, e.g., metals,
titanium, etc.}
Color laser marking involves the use of lasers to
generate heat and cause changes in the color of materials such as metals and
plastics. Color laser marking is acceptable wording in Class 40; further
specification is also acceptable, but it is not required.
040 Color laser marking
Color laser marking involves
the use of lasers to generate heat and cause changes in the color of materials
such as metals and plastics.
019 Colored sheet glass for building
On 11-12-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
building]” into the identification in order to clarify the purpose of the
goods.
021 Colored sheet glass, not for building
On
01-01-2016, this 07-20-2004 entry was modified from “Colored sheet glass [not
for building]” to “Colored sheet glass, not for building” to clarify the
purpose of the goods and the justification for classification in Class 21.
Colored sheet glass for building is classified in Class 19.
009 Colour document printers
On 01-01-2016, this
07-20-2004 entry was modified to add “document” in order to clarify the nature
of the goods and the justification for classifying the goods in Class 9.
Printing machines, such as 3D printers, are classified in Class 7.
010 Colposcopes
Colposcopes are medical instruments
for colonoscopies.
006 Column packing for distillation columns, namely, mesh wire
with a multi-filament component or expanded metal intertwined with a
multi-filament component, the multi-filament selected from inert polymers,
catalytic polymers, catalytic metals or mixtures thereof for producing
alkylate in a sulfuric acid alkylation
11-28-2013: Entry status
changed from “A” added to “X” example.
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 the columns are syndicated or claim 2f
029 Colza oil for food
The wording “for food”
indicates that the goods are ready for consumption, and they are not
ingredients for use in manufacturing in Class 1.
020 Comb foundations for beehives
A comb foundation
is a base of beeswax sheeting molded into the shape of a honeycomb and placed
in the frame of a hive to stimulate comb building.
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 rice-based entrees which would be in Class 30.
025 Combinations [clothing article]
On 08-10-11 this
entry was modified to clarify that term (which is more commonly used in
Europe) identifies a specific article of clothing.
011 Combustion chambers
09-24-2015: Combustion
chambers being engine parts are classified in Class 7.
030 Comfits
Comfits are candies containing a fruit or
nut.
016 Comic strips appearing in {indicate print media, e.g.,
newspaper, magazine}
2-4-10 - The 4-2-91 entry was modified to add
“print” before “media.” With the evolution of digital media, this change will
make it clear that Class 16 does not include comic strips that appear in a
digital format.
035 Commercial administration of the licensing of {applicant
may indicate specific goods or services} of others
Either
identification using “goods and services” or specifying the goods or services
being licensed is acceptable.
020 Commercial dispensers for pills or capsules sold empty
2-12-09 - “Commercial” added to 7-1-94 ID. Personal dispensers used in
the home would be in Class 21.
035 Commercial information and advice for consumers [consumer
advice shop]
Modified to add the information in brackets in the Nice
Agreement
035 Commercial information agency services
On
01-01-2016, this 03-15-1993 entry was amended from “Commercial information
agencies [provides business information, e.g., marketing or demographic data]”
to “Commercial information agency services” in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Commercial
information agencies provide business information, e.g., marketing or
demographic data.
011 Commodes [toilets]
On 10-03-2013, the 04-01-2010
entry “commodes” was amended to add the bracketed term “toilets” to the
entry.
006 Common metal drawer pulls
Similar to knobs, pulls
are classified according to material composition as required by the Nice
Agreement. Precious metal pulls are in Class 14; plastic pulls in 20,
porcelain pulls in 21, etc. 1-1-2012 - Because these goods are similar to
knobs, In accordance with the 10th Edition of the Nice Agreement, metal pulls
are in Class 6, precious metal pulls are in Class 14 and non-metal pulls are
in Class 20.
006 Common metal powders used in manufacturing
On
01-17-13, the 06-01-2004 entry was modified by inserting “Common” to make it
consistent with the Class 6 Heading.
006 Common metal pulls
Similar to knobs, pulls are
classified according to material composition as required by the Nice
Agreement. Precious metal pulls are in Class 14, plastic pulls in 20,
porcelain pulls in 21, etc.
006 Common metals in foil form [semi-wrought]
On
01-10-2013, this 04-02-1991 entry was changed from “Metal foils” to “Common
metals in foil form [semi-wrought]” to make clear that the goods are primarily
in the nature of common metals in semi-wrought form and therefore justified in
Class 6.
006 Common metals in powder form [semi-wrought]
On
01-17-13, the 11-01-2003 entry was changed from “Metal in powdered form” to
“Common metals in powder form [semi-wrought]” to make it consistent with the
Class 6 Heading.
019 Common sheet glass for building
On 11-12-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
building]” into the identification in order to clarify the purpose of the
goods.
021 Common sheet glass, not for building
On
01-01-2016, this 07-20-2004 entry was modified from “Common sheet glass [not
for building]” to “Common sheet glass, not for building” to clarify the
purpose of the goods and the justification for classification in Class 21.
Common sheet glass for building is classified in Class 19.
045 Community outreach services provided to pregnant women,
namely, on-line social networking services
09-05-2013: Entry status
changed from “A” added to “X” example.
038 Community outreach services provided to pregnant women,
namely, providing online chat rooms
11-17-2011: While this wording is
still acceptable, the 09-9-2010 entry is being deleted from the Manual because
it is overly specific and does not serve a wide range of Manual users.
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 of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
013 Component parts for guns
On January 3, 2013, this
04-02-1991 entry “Gun parts” was modified to “Component parts for guns” to
make clear that the “parts” comprise components of a gun, which are definite
and classified in the same class. Other “parts” are not in Class 13, such as
gun scopes and telescopic gun sights in Class 9.
013 Component parts for shotguns
Generally, the
wording, “component parts” is broad and should not be used by itself without
further specification of the individual component parts. It is acceptable
here because all the component parts of these goods are definite, and if sold
separately, they would be classified in the same class
013 Component parts for rifles
Generally, the
wording, “component parts” is broad and should not be used by itself without
further specification of the individual component parts. It is acceptable
here because all the component parts of these goods are definite, and if sold
separately, they would be classified in the same class
013 Component parts for pistols
Generally, the
wording, “component parts” is broad and should not be used by itself without
further specification of the individual component parts. It is acceptable
here because all the component parts of these goods are definite, and if sold
separately, they would be classified in the same class
009 Components for gaming machines that generate or display
wager outcomes, namely, controllers, displays, button panels, bolsters,
electrical wiring, and computer hardware and software associated therewith
On 1-1-2012 this entry of 5-14-2009 was deleted. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading. Because this identification combines goods in classes 9 and
28, and it is unclear if these goods are sold separately or sold as a unit, it
has been deleted.
009 Components for gaming machines, namely, controllers,
displays, button panels, bolsters, electrical wiring, and computer hardware
and software associated therewith
On 1-1-2012 this entry of
10-30-2008 was deleted. Under the 10th Edition, all game apparatus are in
Class 28 because “games and playthings” are in the Class 28 Heading. Because
this identification combines goods in classes 9 and 28, and it is unclear if
these goods are sold separately or sold as a unit, it has been deleted.
018 Composite horseshoes made of plastic [not game
equipment]
This entry was transferred from Class 17 to Class 18 due
to the restructuring of 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, such 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, such as mulch, peat moss and
top soil, are in Class 31.
010 Compression garments, namely, {indicate specific items,
e.g., compression socks, stockings, leggings, jerseys, vests, trousers,
etc.}
On 01-01-2015, this 01-13-2011 entry was modified from
“compression garments for athletic or other non-medical use, namely, {indicate
specific items, e.g., compression socks, stockings, leggings, jerseys, vests,
trousers, etc.}” to the current entry and transferred to Class 10 pursuant to
the addition of “compression garments” in Class 10 of the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015. Whether the goods are
intended for non-medical or athletic use does not control classification.
010 Compression garments
Pursuant to the addition of
“compression garments” in Class 10 of the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015, “compression garments” is an acceptable
identification; further specification is acceptable, but it is not required.
Whether the goods are intended for non-medical or athletic use does not
control classification.
042 Computer access control services, namely, digital rights
management
3-12-09 - entry deleted because the meaning of the service
is not clear. It can include activities in Class 45.
042 Computer and computer software rental
Rental of
computer game software is in Class 41.
009 Computer application software for mobile phones
11-19-09 - The 7-20-04 trilateral entry was deleted because the USPTO requires
application software to indicate the function of the software. Therefore, this
entry is too broad to meet the requirements of US identification policy.
009 Computer chipset for use in transmitting data to and from
a central processing unit
On 05-07-2015, the status of this entry was
changed from “A - Added” to “X - Example.” Chipsets is an acceptable
identification; further specification is acceptable, but it is not
required.
009 Computer chipsets for use in digital subscriber line (DSL)
data transmission systems
On 05-07-2015, the status of this entry was
changed from “A - Added” to “X - Example.” Chipsets is an acceptable
identification; further specification is acceptable, but it is not
required.
009 Computer color printer using heat sensitive dry printing
process
On 01-01-2016, this 02-20-1996 entry was deleted because the
purpose of the goods is unclear. Printing machines, such as 3D printers or
industrial printing machines, are classified in Class 7.
042 Computer consultation in the field of {indicate field or
subject matter, e.g., computer security, internet security, etc.}
Computer consultation is acceptable wording; further specification is
acceptable, but it is not required.
042 Computer consultation in the field of computer
security
This is the technical aspects of setting up computer
security systems, e.g., programming, equipment or software selection; not
monitoring which is in Class 45.
042 Computer co-location services, namely, providing
facilities for the location of computer servers with the equipment of
others
06-20-2013 - Although services involving provision of general
purpose facilities, such as convention centers and exhibition halls, are
classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, computer server co-location serves a computer
technology-related purpose. Therefore, providing facilities for computer
server co-location is classified in Class 42.
009 Computer cursor control devices, namely, computer mouse
[Note that gaming mice adapted for playing video games are in Class 28.]
03-12-2015: The bracketed wording was added to the entry for clarity.
Gaming mice are specially adapted for playing computer games and are
classified in Class 28 because “games and playthings” are included in the
Class 28 Class Heading.
045 Computer dating services
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
041 Computer education training
On 8-25-2011, this
4-02-1991 entry was deleted because the service is already covered by the
virtually identical existing entry, “Computer education training services”.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
028 Computer game consoles for use with an external display
screen or monitor
On 1-1-2012, this entry of 9-27-2007 was
transferred from Class 9 in accordance with 10th Edition of Nice Agreement.
Under the 10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading.
009 Computer game equipment, namely, discs
9/4/08 -
“containing memory devices” was deleted from the ID. The inclusion of this
phrase implied that the goods were the game equipment itself which then would
have required an indication of being used with a monitor to be in Class 9. The
goods are intended to be the discs themselves as is now made clear in the
ID.
028 Computer game joysticks
On 1-1-2012, this entry
of 1-2-1997 was transferred from Class 9 in accordance with 10th Edition of
Nice Agreement. Under the 10th Edition, all game apparatus are in Class 28
because “games and playthings” are in the Class 28 Heading.
009 Computer game programs, cartridges, and cassettes
03-22-2012: While this wording is still acceptable, the 11-08-2007 entry is
being deleted from the Manual because it is already covered by three separate
entries for the particular goods. 09-05-2013: Acceptable entry status changed
from “D” deleted to “X” example.
009 Computer game software for gambling machines
On
10-09-2014, the 05-15-2008 entry was modified by deleting “gaming machines
including slot machines or video lottery terminals” and inserting “gambling
machines” to make clear that “gaming” in this context refers to gambling, and
not recreational computer game playing.
009 Computer game software downloadable from a global computer
network
5-20-10 - Providing a website featuring downloadable software
for {specify function of the programs} is not an acceptable identification
because it is unclear whether the applicant is offering goods in the nature of
downloadable software in Class 9, or whether the applicant is offering
services in the nature of website hosting in Class 42.
009 Computer game software, namely, a computer craps game
1-1-2012 This entry of 8-24-2006 was deleted. Under the 10th Edition, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading and computer software is in Class 9. Because the exact nature of
these goods is not clear, this entry has been deleted.
009 Computer gaming software [recorded] for recreational game
playing purposes
On 10-09-2014, the 06-18-2009 entry was modified by
inserting “for recreational computer game playing” to make clear that “gaming”
in this context refers to recreational activities, and not gambling.
042 Computer graphics design services, namely, creating of
{indicate specific computer graphics being designed, e.g., 3D computer models,
animations, etc.}
04-07-2011: “Graphic design” and “computer graphics
design services” are acceptable IDs in Class 42; further specification is
acceptable, but it is not required.
009 Computer hard discs featuring {indicate subject matter or
field}
10-8-09 - “featuring {indicate subject matter or field}” was
added to the 9-5-01 entry. Hard discs require subject matter unless indicated
as being “blank.”
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
042 Computer hardware and software consulting services
1-1-2012 This entry of 11-29-2007 was deleted. Under the 10th Edition of
the Nice Agreement “Consultancy in the field of computer hardware” in Class 42
was changed to “consultancy in the design and development of computer
hardware” in Class 42. Accordingly, this entry has been deleted because it
encompasses consultancy concerning installation, maintenance and repair of
computer hardware in Class 37.
009 Computer joystick peripherals
On 01-01-2016, this
09-01-1995 entry was modified from “Computer joysticks” to the current entry
in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016, and in order to clarify the nature of the goods.
Computer joystick peripherals perform a variety of functions in connection
with a computer. Joysticks that are used specifically for playing video or
computer games are classified in Class 28 because “games and playthings”
appears in the Class 28 Class Heading.
012 Computer laptop mount adapted for use in vehicles
On 04-10-2014, this 07-12-2007 entry was amended to delete the word
“specially” before the word “adapted” because it is not needed.
009 Computer memory sticks
MEMORY STICK is a
registered trademark and cannot be used as a generic term in an identification
of goods.
009 Computer mice [Note that gaming mice adapted for playing
video games are in Class 28.]
03-12-2015: The bracketed wording was
added to the entry for clarity. Gaming mice are specially adapted for playing
computer games and are classified in Class 28 because “games and playthings”
are included in the Class 28 Class Heading.
042 Computer modeling services
Computer modeling
services involve the use of a computer to develop a mathematical model of a
complex system or process and provide conditions for testing the model.
Computer simulation based on computer programs for others refers to the actual
running of the computer program containing the algorithms mad equations.
042 Computer monitoring service which tracks hardware
performance and processes and sends out historical reports and alerts [quality
control]
On 08-09-2012, the 09-14-2006 was modified by inserting the
bracketed wording to make clear the nature of the services and the
justification for classifying them in Class 42.
042 Computer monitoring service which tracks application
software performance, performs periodic maintenance and provides reports and
alerts concerning such performance [quality control]
On 08-09-2012,
the 07-31-2008 was modified by inserting the bracketed wording to make clear
the nature of the services and the justification for classifying them in Class
42.
009 Computer mouse [Note that gaming mice adapted for playing
video games are in Class 28.]
03-12-2015: The bracketed wording was
added to the entry for clarity. Gaming mice are specially adapted for playing
computer games and are classified in Class 28 because “games and playthings”
are included in the Class 28 Class Heading.
009 Computer mouse in the nature of a trackpad [Note that
gaming mice adapted for playing video games are in Class 28.]
03-12-2015: The bracketed wording was added to the entry for clarity. Gaming
mice are specially adapted for playing computer games and are classified in
Class 28 because “games and playthings” are included in the Class 28 Class
Heading.
009 Computer mouse, namely, trackballs [Note that gaming mice
adapted for playing video games are in Class 28.]
03-12-2015: The
bracketed wording was added to the entry for clarity. Gaming mice are
specially adapted for playing computer games and are classified in Class 28
because “games and playthings” are included in the Class 28 Class Heading.
009 Computer mouse, namely, touchpads [Note that gaming mice
adapted for playing video games are in Class 28.]
03-12-2015: The
bracketed wording was added to the entry for clarity. Gaming mice are
specially adapted for playing computer games and are classified in Class 28
because “games and playthings” are included in the Class 28 Class Heading.
009 Computer operating programs and computer operating
systems
03-22-2012: While this wording is still acceptable, the
11-08-2007 entry is being deleted from the Manual because it is already
covered by two separate entries for the particular goods. 09-05-2013:
Acceptable entry status changed from “D” deleted to “X” example.
009 Computer printer
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example. 01-01-2016: On 01-01-2016, this
10-22-2009 entry was deleted because the purpose of the goods is unclear.
Printing machines, such as 3D printers, are classified in Class 7.
009 Computer printers for printing documents
On
01-01-2016, this 04-02-1991 entry was modified to add “for printing documents”
in order to clarify the nature of the goods and the justification for
classifying the goods in Class 9. Printing machines, such as 3D printers, are
classified in Class 7.
042 Computer programming services
On 05-26-2011 the
09-13-2007 entry was deleted because this activity is already covered by an
existing entry on the Trilateral Partners Approved List, “Computer
programming” in Class 42, which is the wording in the Nice Alphabetical List
for these services. 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
042 Computer programming for others
On 05-26-2011 the
04-02-1991 entry was deleted because this activity is already covered by an
existing entry on the Trilateral Partners Approved List, “Computer
programming” in Class 42, which is the wording in the Nice Alphabetical List
for these services. 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
042 Computer programming services to create online facilities
that will provide telecommunications support
04-07-2011: This
09-24-2009 entry is covered by the following new entry: “Computer programming
services for {specify purpose} [Computer programming is acceptable wording in
Class 42; further specification is not required]; On 06-27-2013, the status of
this entry was changed from “D” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
042 Computer programming services, namely, {indicate specific
computer programming activities in Class 42}
Computer programming is
acceptable wording in Class 42; further specification is acceptable, but it is
not required.
042 Computer programming services for {specify purpose}
Computer programming is acceptable wording in Class 42; further
specification is acceptable, but it is not required.
042 Computer service, acting as an application service
provider in the field of knowledge management to host computer application
software for creating searchable databases of information and data to allow
users to perform, on-line, the collecting and analyzing of different types of
opinion surveys
On 5-12-2011, the 3-15-2007 entry was deleted from
the Manual and replaced with an entry that contains a fill-in section for the
specific purpose of the computer application software.
042 Computer service, namely, acting as an application service
provider in the field of knowledge management to host computer application
software for the collection, editing, organizing, modifying, book marking,
transmission, storage and sharing of data and information
On
5-12-2011, the 8-1-2003 entry was deleted from the Manual and replaced with an
entry that contains a fill-in section for the specific purpose of the computer
application software.
042 Computer service, namely, acting as an application service
provider in the field of knowledge management to host computer application
software for searching and retrieving information from databases and computer
networks
On 5-12-2011, the 8-1-2007 entry was deleted from the Manual
and replaced with an entry that contains a fill-in section for the specific
purpose of the computer application software.
042 Computer service, namely, acting as an application service
provider in the field of knowledge management to host computer application
software for creating searchable databases of information and data
On
5-12-2011, the 8-1-2003 entry was deleted from the Manual and replaced with an
entry that contains a fill-in section for the specific purpose of the computer
application software.
042 Computer services namely remote management of information
technology (IT) systems of others comprised of {specify the particular
components of the IT systems, e.g., electronic messaging apparatus, software
applications, etc.}
Computer services, namely, remote management of
information technology (IT) systems of others is acceptable wording; further
specification is acceptable, but is not required.
042 Computer services, namely, remote and on-site management
of {specify subject matter, e.g., the electronic messaging systems, the
information technology (IT) systems, the software applications, etc.} of
others
5-12-11: The 8-1-2005 entry was modified to delete “electronic
messaging systems and applications” and replace it with a broader fill-in
section. On 09-24-2015, this 08-01-2005 ID was deleted because the
fill-in-the-blank section was being used incorrectly.
042 Computer services, namely, remote management of {specify
subject matter, e.g., electronic messaging systems, information technology
(IT) systems, software applications, etc.} for others
5-12-11: The
8-1-2005 entry was modified to delete “computer applications” and replace it
with a broader fill-in section. On 09-24-2015, this 08-02-2007 ID was deleted
because the fill-in-the-blank section was being used incorrectly.
042 Computer services, namely, on-site management of
information technology (IT) systems of others comprised of {specify particular
components of the IT systems, e.g., electronic messaging systems, software
applications, etc.}
Computer services, namely, on-site management of
information technology (IT) systems of others is acceptable wording; further
specification is acceptable, but is not required.
042 Computer services, namely, on-site management of
information technology (IT) systems of others
On 09-24-2015, this
07-08-2010 ID was amended to add “of others” at the end of the ID for
clarity.
035 Computer services, namely, address change notification
services in the nature of posting notifications of changes of addresses for
businesses via the Internet
On 01-14-2016, the 07-01-2001 entry was
deleted because it is unclear, as currently worded, in Class 35. Specifically,
the terms “Computer services, namely” and “posting notifications...via the
Internet” appear to refer to computer technology activities in Class 42, but
the services were classified as business information services in Class 35.
This wording is no longer acceptable.
042 Computer services, namely, hosting on-line interactive
public calendars that allow multiple participants to share event schedules and
facility reservations
5-12-11: The 2-9-2007 entry was modified to
delete the wording “and transportation requests” in order to broaden the scope
of the entry.
042 Computer services, namely, providing customized web pages
featuring user-defined information
5-12-2011: The 8-17-2006 entry was
modified to delete “in the nature of” and replace it with “namely, providing”
and delete “personal profiles and information,” all for the purpose of
clarifying and broadening the entry.
042 Computer services, namely, monitoring, testing, analyzing,
and reporting on the Internet traffic control and content control of the web
sites of others [quality control]
On 08-09-2012, the 11-1-2004 was
modified by inserting the bracketed wording to make clear the nature of the
services and the justification for classifying them in Class 42.
042 Computer services, namely, monitoring and reporting on the
performance, availability, and errors of web sites of others [quality
control]
On 08-09-2012, the 11-1-2004 was modified by inserting the
bracketed wording to make clear the nature of the services and the
justification for classifying them in Class 42.
042 Computer services, namely, monitoring the web sites of
others to improve their scalability and performance [quality control]
5-12-11: The 11-1-2004 entry was modified to add the term “their” and delete
the repetitive wording “of web sites of others” at the end of the entry for
clarification of the services. On 08-09-2012, the 11-01-2004 was modified by
inserting the bracketed wording to make clear the nature of the services and
the justification for classifying them in Class 42.
042 Computer services, namely, creating computer network-based
indexes of information, websites and resources
5-12-11: The 6-1-2001
entry was modified from “computer services, namely, creating indexes of
information, sites and other resources available on computer networks” in
order to clarify that the wording “available on computer networks” referred to
the indexes themselves and to clarify the overall nature of the services.
042 Computer services, namely, redirecting electronic mail to
changed personal electronic address
Language clarified to more
accurately reflect nature of services - service remained in Class 42.
042 Computer services, namely providing on-line facilities for
real- time interaction with other computer users concerning topics of general
interest [chat rooms]
This service was transferred to Class 38. The
transfer is supported by the 8th edition of the Nice Agreement. The subject
matter or field should be indicated in general terms for purposes of
determining likelihood of confusion.
042 Computer services, namely, providing an on-line bulletin
board in {indicate specific field}
This service was transferred to
Class 38. The transfer is supported by the 8th edition of the Nice Agreement.
The subject matter or field should be indicated in general terms for purposes
of determining likelihood of confusion.
042 Computer services, namely, creating an on-line community
for registered users to develop and collaborate on electronic greetings,
address books and calendars and to share content with other registered users
and with others via links to third party web sites
04-14-2011:
Deleted the 06-03-2010 entry because it is covered by the following existing
Manual entry “Computer services, namely, creating an on-line community for
registered users to {indicate the purpose of the online community, e.g.,
participate in discussions, get feedback from their peers, form virtual
communities, engage in social networking, etc.}”
042 Computer services, namely, providing databases featuring
general and local news, and information of interest to specific geographic
areas
Identification too broad due to the restructuring of Class 42
in the 8th edition of the Nice Agreement. Subject matter must be specified and
classified appropriately.
042 Computer services, namely, designing and implementing web
pages for others
5-12-11: The 1-2-1997 entry was modified to delete
the term “network” in order to broaden the scope of the entry.
042 Computer services, namely, creating an on-line community
for registered users to participate in discussions, get feedback from their
peers, form virtual communities, and engage in social networking featuring
social media and topics on jewelry and fashion accessories
04-07-2011: This 02-05-2009 entry is covered by the following existing entry:
“Computer services, namely, creating an on-line community for registered users
to participate in discussions, get feedback from their peers, form virtual
communities, and engage in social networking featuring {indicate subject
matter or purpose}.”
042 Computer services, namely, providing virtual and non
virtual application servers, web servers, file servers, co-location servers,
load balancing servers, redundancy servers, media servers and database servers
of variable capacity to third party computing and data storage facilities
On 06-27-2013, the status of this entry was changed from “A” to “X” to
indicate that it is an example of acceptable wording under current USPTO
policy.
042 Computer services, namely, interactive hosting services
which allow the users to publish and share their own content and images
on-line
On 03-20-2014, the 11-08-2007 entry was modified to pluralize
the word “user” for grammatical consistency.
042 Computer services, namely, providing a web-based system
and online portal featuring on-line non-downloadable software that enables
users to access training, education, testing and certification materials in
the field of {indicate the field of use}
5-20-10 - Providing a
website featuring downloadable software for {specify function of the programs}
is not an acceptable identification because it is unclear whether the
applicant is offering goods in the nature of downloadable software in Class 9,
or whether the applicant is offering services in the nature of website hosting
in Class 42. On 5-12-11, this 12-3-2009 entry was deleted because the services
are encompassed by the existing Manual entry “providing a website featuring
on-line non-downloadable software that enables users to {specify activities
that users may perform using the software, e.g., design websites, edit digital
photographs, prepare and file tax forms, etc.}” in Class 42.
042 Computer services, namely, creating an on-line community
for registered users to participate in discussions, get feedback from their
peers, form virtual communities, and engage in social networking services in
the field of {indicate specific field, e.g., mathematics, music, etc.}
5-12-11: The 1-22-2009 entry was modified to delete “and engage in social
networking featuring {indicate subject matter or purpose}” and replace it with
“and engage in social networking services in the field of {indicate specific
field, e.g., mathematics, music, etc.},” in order to make the entry consistent
with other existing fill-in Manual entries relating to social networking
services.
042 Computer services, namely, providing a web site for others
that automates party and entertainment events management information
consisting of {specify subject matter, e.g., guest lists, guest information,
restaurant information, gift registry information, invitation RSVPs, etc.}
5-12-11: The 7-2-2009 entry was modified to delete “that consists of
guest lists, guest information, restaurant information, gift registry
information, gift cost sharing, and invitation creation and delivery” and
replace it with a broader fill-in section.
042 Computer services, namely, hosting an interactive web site
that allows users to upload, store and maintain automotive repair records,
manage online records of services performed on their vehicles, and receive
automated service reminders, safety alerts, recall alerts, and special
discount offers
On 05-12-2011, this 06-11-2009 entry was deleted
because the services are encompassed by the existing Manual entry “computer
services, namely, hosting an interactive web site that allows {indicate
functions or tasks that web site allows}” in Class 42. 09-26-2013: Acceptable
entry status changed from “D” deleted to “X” example.
042 Computer services, namely, providing databases in the
field of {specify 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, continual monitoring and
updating of a customer's English website for changes and editing and making
these changes to the customer's multilingual website(s) without involvement
from the customer's internal IT resources
On 5-12-11, this 6-26-2008
entry was deleted as vague and confusing as a result of the wording “for
changes and editing.”
042 Computer services, namely, designing and implementing on
demand web sites in the nature of turnkey packages allowing customers to
create ecommerce web sites for the purpose of uploading photos and creating
gifts
On 5-12-11, this 3-13-2008 entry was deleted because these
services are encompassed by the existing Manual entry “computer services,
namely, designing and implementing web sites for others” in Class 42.
042 Computer services, namely, on-line scanning, detecting,
quarantining and eliminating of viruses, worms, trojans, spyware, adware,
malware and unauthorized data and programs on computers and electronic
devices
5-12-11: The 2-22-2007 entry was modified to clarify the
services by adding the term “of” prior to the term “viruses.”
042 Computer services, namely, remote and on-site management
of cloud computing systems and applications for others
On 5-12-11,
this 4-1-2010 entry was deleted because the services are encompassed by the
existing Manual entry “computer services, namely, remote and on-site
management of {specify subject matter, e.g., the electronic messaging systems,
the information technology (IT) systems, the software applications, etc.} of
others” in Class 42.
042 Computer services, namely, remote and on-site management
of the information technology (IT) cloud computing systems of others
On 5-12-11, this 1-1-2009 entry was deleted because the services are
encompassed by the existing Manual entry “computer services, namely, remote
and on-site management of {specify subject matter, e.g., the electronic
messaging systems, the information technology (IT) systems, the software
applications, etc.} of others” in Class 42.
042 Computer services, namely, hosting an interactive web site
that allows {indicate functions or tasks that the web site allows}
This is a technology service ONLY. It is not classified by the function or
tasks of the web site. 5-12-11: The 4-24-2008 entry was modified to delete the
wording “families to record and display family profiles, relationships,
interests, audio and video content” and replace it with a broader fill-in
section.
042 Computer services, namely, hosting of inspection, testing,
and quality control services' digital content of others
On 5-12-11,
this 4-3-2008 entry was deleted because the services are encompassed by the
existing Manual entry for “hosting of digital content on the Internet” in
Class 42.
042 Computer services, namely, managing on-line waitlists and
automating the on-line waitlist process for others
5-12-11: The
1-17-2008 entry was modified to substitute “automating the on-line waitlist
process” for “automation of the waitlist process” in order to clarify the
entry.
042 Computer services, namely, creating an on-line virtual
environment for trading virtual real estate
On 5-12-11, this
1-10-2008 entry was deleted because the services are encompassed by the
existing Manual entry “creating an on-line virtual environment for {indicate
purpose, e.g., off-track betting, trading stocks, etc.}” in Class 42.
042 Computer services, namely, database development services,
namely configuration and customization of computer databases containing
information regarding public health care eligibility
On 05-12-11,
this 07-12-2007 entry was deleted because the services are encompassed by the
existing Manual entry for “database development services” in Class 42.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Computer services, namely, acting as an application
service provider in the field of information management to host computer
application software for the purpose of {indicate purpose or function of the
software}
5-12-11: The 11-26-2009 entry was modified to correct minor
typographical errors: “Purpose of function” was amended to “purpose or
function” and “computer service” was amended to “computer services.”
042 Computer services, namely, creating, maintaining,
designing and implementing web sites for others
04-14-2011: Deleted
“and hosting the web site of others on a computer server for a global computer
network” from the 04-08-2010 entry because it is already covered by more than
one existing Manual entries, e.g., Hosting of web sites, hosting the websites
of others, etc.
042 Computer services, namely, providing an interactive web
site featuring technology that allows users to collect, store, manage, deliver
and showcase electronic and paper-based content
On 4-7-2011 the
7-3-2008 entry was modified to replace the wording “that allows” with
“featuring technology that allows” to clarify the nature of the services.
042 Computer services, namely, providing an interactive web
site featuring technology that allows users to create their own books
On 4-7-2011 the 2-19-2009 entry was modified to replace the wording “that
allows” with “featuring technology that allows” to clarify the nature of the
services.
042 Computer services, namely, providing search platforms to
allow users to {indicate functions or tasks that the platforms enable}
5-12-11: The 10-18-2007 entry was modified to delete “request content
from and receive content to a mobile device” and replace it with a broader
fill-in section.
042 Computer services, namely, monitoring the performance of
participants at sporting events by tracking a computer chip worn by a sporting
participant
On 08-09-2012, the 10-04-2007 entry was deleted because
the primary purpose of the services was ambiguous and therefore, the proper
classification of the services was unclear.
042 Computer services, namely, digital formatting and
compression of music and video images into downloadable media
On
5-12-11, the 9-20-2007 entry was modified to create a broader entry by
amending the wording “digital formatting and compression of music and images,
namely, processing of digital music and video images into downloadable
products” to “digital formatting and compression of music and video images
into downloadable media.”
042 Computer services, namely, electronically gathering,
analyzing and formatting data to track, locate, monitor and log operations in
the oil industry
On 5-12-11, this 7-19-2007 entry was deleted because
the inclusion of “analyzing data” was confusing, based on business data
analyzing being a Class 35 service.
042 Computer services, namely, creating an on-line community
for registered users to showcase their vehicles, participate in competitions,
get feedback from their peers, form virtual communities, and engage in social
networking
04-07-2011: This 03-04-2010 entry was replaced by the
following new entry: “Computer services, namely, creating an on-line community
for registered users to {indicate the purpose of the online community, e.g.,
participate in discussions, get feedback from their peers, form virtual
communities, engage in social networking, etc.}.”
042 Computer services, namely, providing an interactive web
site featuring technology that allows users to consolidate and manage social
networks, accounts, and connections to existing and emerging application
programming interfaces (APIs)
On 4-7-2011 the 2-21-2010 entry was
modified to replace the wording “that allows” with “featuring technology that
allows” to clarify the nature of the services.
042 Computer services, namely, creating an on-line community
for registered users to participate in competitions, showcase their skills,
get feedback from their peers, form virtual communities, engage in social
networking and improve their talent
04-07-2011: This 10-05-2006 entry
was replaced with the following new entry: “Computer services, namely,
creating an on-line community for registered users to {indicate the purpose of
the online community, e.g., participate in discussions, get feedback from
their peers, form virtual communities, engage in social networking,
etc.}.”
042 Computer services, namely, creating an on-line community
of land owners concerned with land stewardship
04-07-2011: This
12-06-2007 entry was replaced with the following new entry: “Creating an
on-line community for {specify users, e.g., land owners concerned with land
stewardship, etc.}”
042 Computer services, namely, creating an on-line community
for registered users to participate in discussions, get feedback from their
peers, form virtual communities, and engage in social networking
04-07-2011: This 06-05-2008 entry was replaced by the following new entry:
“Computer services, namely, creating an on-line community for registered users
to {indicate the purpose of the online community, e.g., participate in
discussions, get feedback from their peers, form virtual communities, engage
in social networking, etc.}.”
042 Computer services, namely, hosting and maintaining an
on-line web site for others for {indicate function or purpose of web site}
This is a technology service ONLY. It is not classified by the function
or purpose of the web site. 5-12-11: The 3-15-2007 entry was modified to
substitute the wording “for others for” for the wording “for others to” for
consistency with comparable entries.
042 Computer services, namely, the re-direction and forwarding
of messages
The entry of 9-11-2008 was deleted on 3-10-2011 because
it was not being used correctly and was causing confusion.
042 Computer services, namely, microcontroller programming
On 5-12-11, this 5-7-2009 entry was deleted because the services are
encompassed by the respective existing Manual entries for “computer
programming” in Class 42 and “computer programming for others” in Class
42.
042 Computer services, namely, remote and on-site management
of the information technology (IT) systems of others
On 5-12-11, this
1-1-2009 entry was deleted because the services are encompassed by the
existing Manual entry “computer services, namely, remote and on-site
management of {specify subject matter, e.g., the electronic messaging systems,
the information technology (IT) systems, the software applications, etc.} of
others” in Class 42.
042 Computer services, namely, electronic digitizing of
{indicate type of visual material, e.g. photographic images, artwork,
paintings, etc.} [NOT the taking of digital photographs]
Digitizing
is an electronic conversion process in Class 42 and not a material treatment
service in Class 40.
042 Computer services, namely, electronic imaging of {indicate
type of visual material, e.g. photographs, artwork, paintings, etc.} [NOT the
taking of digital photographs]
This service does not include the
taking of digital photographs, which is a Class 41 service. See, e.g.
“digital imaging.” Electronic imaging is a Class 42 service that uses
computers to copy, process and manipulate visual material such as photographic
images, artwork, paintings, etc. through digitization.
042 Computer services, namely, providing a web-based system
and online portal for customers to remotely manage, administer, modify and
control their end user computer devices, data and software applications
On 5-12-11, this 7-24-2008 entry was deleted because the wording
“administer” and “control” of data was found to be vague and confusing.
038 Computer services, namely, providing on-line facilities
for real-time interaction with other computer users concerning topics of
education [chat rooms]
On 06-27-2013, the 09-03-2009 entry was
modified by inserting “[chat rooms]” to make it consistent with other
similarly worded entries. Also, the status of this entry was changed from “A”
to “X” to indicate that it is an example of acceptable wording under current
USPTO policy.
042 Computer services, namely, providing search engines for
obtaining data from journals and other publications on a global computer
network
On 5-12-11, this 8-7-2008 entry was deleted because the
services are encompassed by the existing Manual entry for “computer services,
namely, providing search engines for obtaining {specify subject matter} on a
global computer network” in Class 42.
042 Computer simulation based on computer programs for
others
On 02-28-2013, this 05-28-2009 entry was modified by deleting
“Computer modeling services, namely” because computer modeling refers to the
development of algorithms and equations necessary to simulate a system or
process but computer simulation refers to the actual running of the computer
program containing the algorithms and equations. “Computer modeling services”
is also in Class 42.
009 Computer software and firmware for playing games of chance
on any computerized platform, including dedicated gaming consoles, video based
slot machines, reel based slot machines, and video lottery terminals
On 09-10-2015, this 08-03-2006 entry was modified to add the word “playing” to
clarify the function of the software.
009 Computer software and firmware for {specify function,
e.g., downloading and organizing music files, authenticating user
identification, etc., and indicate the content or field of use, if the goods
are content- or field-specific}
These software goods are recorded on
computer media.
042 Computer software consultation
On 5-5-2011, this
7-1-2001 ID was deleted because it is a duplicative entry. “Computer software
consulting” is already in the Manual. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
042 Computer software design, computer programming, and
maintenance of computer software
08-25-2011: Deleted the 07-20-2004
entry because the use of the word “or” makes the identification indefinite.
Also, each of the activities described in this entry already appears in the
Manual as a separate entry. They can be used individually or in combination
by substituting the word “and” for “or.” On 07-04-2013, the word “and” was
changed to “or,” and the status of this entry was changed from “D” “ Deleted
to “X” “ Example to indicate that it is an example of acceptable wording under
current USPTO policy.
009 Computer software for accessing information directories
that may be downloaded from the global computer network
5-20-10 -
Providing a website featuring downloadable software for {specify function of
the programs} is not an acceptable identification because it is unclear
whether the applicant is offering goods in the nature of downloadable software
in Class 9, or whether the applicant is offering services in the nature of
website hosting in Class 42.
009 Computer software for {specify the function of the
software, e.g., use as a spreadsheet, word processing, etc. and, if software
is content- or field-specific, the content or field of use} that may be
downloaded from a global computer network
5-20-10 - Providing a
website featuring downloadable software for {specify function of the programs}
is not an acceptable identification because it is unclear whether the
applicant is offering goods in the nature of downloadable software in Class 9,
or whether the applicant is offering services in the nature of website hosting
in Class 42.
009 Computer software for creating digital animation and
special effects of images
On 06-16-2016, this 07-20-04 entry was
modified to the replace the wording “for use in relation to” to “creating” as
the original wording was indefinite.
042 Computer software rental
Rental of computer game
software is in Class 41.
009 Computer software that provides web-based access to
applications and services through a web operating system or portal
interface
On 01-21-2016, this 05-22-2008 entry was deleted because
the nature of the goods is unclear. Computer software in Class 9 generally
refers to software recorded on computer media or downloadable software, while
Software-as-a-Service (SaaS) services, which provide web-based access to
software, are in Class 42. This wording is no longer acceptable.
009 Computer stands specially designed for holding a computer,
printer and computer peripherals
On 04-14-2016, the 04-12-1999 entry
“Computer stands specially designed for holding a computer, printer and
accessories” was modified to replace “accessories” with “computer
peripherals,” in order to clarify the nature of the goods referred to as
“accessories” and the justification for classification of the computer stands
in Class 9. The term “accessories” was indefinite and overly broad without
clarification because it could encompass computer accessories classified in
classes other than Class 9, such as computer cleaning brushes in Class 21.
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.
009 Computer storage devices, namely, blank flash drives
4-29-10 - The 5-1-06 entry was amended to require specification that the
flash drives are blank. This item has evolved since it was entered in 2006 to
now include flash drives that are prerecorded. A prerecorded flash drive would
have to indicate the content of the drive. An entry for the recorded drives
has been added to the Manual.
009 Computer storage devices, namely, jump drives
JUMPDRIVE is a registered trademark for a computer storage device.
009 Computer terminals, keyboards and document printers
On 01-01-2016, this 11-08-2007 entry was modified to add “document” in
order to clarify the nature of the goods and the justification for classifying
the goods in Class 9. Printing machines, such as 3D printers, are classified
in Class 7.
038 Computer transmission of online based services accessed
via a network reference, namely, a URI, visual code, namely, barcodes, tag,
namely, RFID, terminal, namely pc or mobile device, or any combination
thereof
On 11-20-2014, this entry status was changed from A to X. On
02-04-2016, this 07-09-2009 entry was deleted because it was causing confusion
as to what the services entailed and what the “network reference” refers to
due to repeated use of the term “namely.”
042 Computer virus protection services
This is
programming for computers to protect them from viruses. Monitoring of a
computer virus protection system is in Class 45.
045 Computerized foot scanning and fitting of shoes for the
purpose of shoe selection for fashion purposes
8-12-10 - added “for
fashion purposes” to avoid confusion with Class 35 (consumer information for
making purchasing decisions) or Class 44 (for medical or foot health purposes)
or Class 42 which is the general class for computerized scanning of items
(documents, photos) for incorporation into an electronic format.
035 Computerized on-line retail store services in the field of
{indicate field of goods}
“Store” added. Without that indication, the
ID includes any service related to retailing - from accounting to product
supply to advertising.
035 Computerized on-line ordering services in the field of
vibrational energy healing services
On 07-11-2013, this 02-11-2010
entry was modified by deleting “services that provide the psychological
benefit of receiving spiritual blessings, namely,” because it created
ambiguity as to whether the primary services are on-line ordering services in
Class 35, or energy healing services in Class 44. Additionally, the status of
the entry was changed from “A- Added” to “X- Example” to indicate that this is
an example of acceptable wording.
035 Computerized on-line ordering featuring general consumer
merchandise
On 8-23-2012, this 7-20-2004 entry was modified for
clarity purposes from “Computerized on-line ordering featuring general
merchandise and general consumer goods” to read, “Computerized online ordering
featuring general consumer merchandise.” The type of general merchandise must
be specified, e.g., general consumer merchandise.
045 Computerized security services, namely, electronically
monitoring, detecting and reporting on suspicious and abnormal patterns of
point of sale activity indicating theft, fraud, or other criminal activity
On 08-09-2012, this 6-18-2009 entry was modified by deleting “which
typically indicate problems such as theft, wrongdoing, training issues, or
customer service issues” because it is more broad than the introductory
wording which is limited to security; this wording was replaced with
“indicating theft, fraud, or other criminal activity” to make clear the
justification for including it in Class 45.
035 Computerized tracking and tracing of packages in transit
to ensure on-time delivery for business purposes
On 08-09-2012, the
10-1-1994 entry was modified by inserting “to ensure on-time delivery for
business purposes” to make clear the nature of the services and the
justification for classifying them in Class 35.
028 Computerized video game tables for gaming purposes,
namely, a computerized video craps game table
On 1-1-2012, this entry
of 8-24-2006 was transferred from Class 9 in accordance with 10th Edition of
Nice Agreement. Under the 10th Edition, all game apparatus are in Class 28
because “games and playthings” are in the Class 28 Heading.
028 Computerized video table games for casinos
10-1-2001 These are calibrated gambling machines and are, therefore, in 9, not
28. On 1-1-2012, this entry of 10-1-2001 was transferred from Class 9 in
accordance with the 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading. On 10-09-2014, the 1-1-2012 entry was modified by deleting
“gaming purposes” and inserting “casinos” to make clear that “gaming” in this
context refers to gambling, and not recreational computer game playing.
045 Concierge services for others comprising making requested
personal arrangements and reservations and providing customer-specific
information to meet 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 of Class 42 that was implemented in the 8th edition of the Nice
Agreement. Also, the language clarified to more accurately reflect the nature
and scope of services
019 Concrete poles
On 9-1-2004, this entry was
deleted because it is overbroad and includes concrete poles for use in
building and construction and Class 19 and concrete poles for general use (or
other particular purposes that are not covered by the Class Headings) in Class
20.
019 Concrete stair treads
Concrete stair treads are
precast stairs comprised of concrete. These goods are classified in Class 19
as non-metal building materials
041 Conducting after school {indicate nature of subjects,
e.g., academic, foreign language, standardized test preparation, etc.}
tutoring programs
10-24-2013: Original entry of 10-25-2007 modified
to allow indication of nature of tutoring programs.
041 Conducting and providing facilities for casino gaming
contests and tournaments
On 06-20-2013, the 11-01-2004 entry was
modified by deleting “special events featuring” to make clear the nature of
services. Also, the status of the entry was changed to “X” to indicate that it
is an example of an acceptable identification. Providing general use
facilities for conventions and exhibitions are classified in Class 43 as
“temporary accommodation services.” Providing specialized facilities or
facilities for a particular purpose are classified according to purpose, e.g.,
providing facilities for business meetings in Class 35, providing sports
facilities in Class 41. On 10-09-2014, this 06-20-2013 entry was modified by
deleting “and” between “casino” and “gaming” to make clear that “gaming” in
this context refers to gambling, and not recreational computer game
playing.
035 Conducting business audits in the field of
communications
These services are classified in Class 35 because they
involve financial accounting and other business-type activities in Class 35.
Effective Jan. 1, 2013, auditing services are classified in Class 35 when they
involve accounting and other business-type activities, and auditing services
are classified in Class 42 when they involve technical analysis and
evaluation. The subject matter being audited does not determine
classification.
042 Conducting chemical surveys, namely, strength and chemical
testing of cementitious materials, asphalt and aggregates
11-17-2011:
While this entry is still acceptable, the 02-12-2009 entry is being deleted
from the Manual because the wording is highly specific, and the entry does not
serve a broad range of Manual users. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
045 Conducting day programs for the elderly and adults with
physical and mental challenges, namely, coffee clubs in the nature of social
conversations while having coffee
09-05-2013: Entry status changed
from “A” added to “X” example.
041 Conducting educational exhibitions in the nature of
{indicate specific event and subject matter of event}
5/13/10 - The
3/1/06 entry was amended to indicate that the specific event requires subject
matter indication.
041 Conducting educational exhibitions in the field of
{indicate field or subject matter, e.g., tigers, rainforests, etc.} at animal
sanctuary facilities
Animal sanctuaries are permanent refuges where
animals live in a natural environment protected from predators and other
potential harm.
042 Conducting electronic discovery services via global
computer networks for lawyers and corporations
On 5-5-2011, this
6-1-2001 ID was deleted because it is broad enough to encompass litigation
support services in Class 45.
035 Conducting energy audits of commercial and institutional
facilities for the purpose of improving energy efficiency
On
01-01-2013, this 05-07-2010 entry was deleted because the primary nature and
purpose of the services is not clear. Effective Jan. 1, 2013, “Energy
auditing” is classified in Class 42 as a service involving technical analysis
and evaluation; the wording “for the purpose of improving energy efficiency”
makes this entry ambiguous for classification purposes.
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.
035 Conducting feasibility studies for business purposes
On 11-28-2013, this 06-05-2008 ID was deleted because the type of
feasibility study must be specified rather than the purpose of the feasibility
study.
042 Conducting geological surveys
11-17-2011: Amended
the entry of 11-29-2007 from “Geological surveys” to “Conducting geological
surveys” to further clarify that this is a service and not a good.
041 Conducting guided tours of {indicate facility, e.g., a
museum, an historical site, a winery, etc.}
09-04-2001: This service
involves conducting educational visits; usually simply walking in the
facility. It does not involve a travel element. On 01-01-2013, the 09-04-2001
entry was modified by inserting “Conducting” and “[not travel tours]” to make
clear the nature of the services. 01-01-2016: On 01-01-2016, the 01-01-2013
entry was further modified by adding “etc.” and deleting the bracketed wording
“[not travel tours]” because the term “travel tours” is indefinite and may
cause confusion. Moreover, the term “guided” in the ID indicates that the
activity is primarily an educational or entertainment service in Class 41.
When this wording is used to describe services, any transport being provided
in connection with the guided tours is ancillary to its primary nature as an
educational or entertainment activity.
045 Conducting legal feasibility studies
Legal
feasibility studies include analysis or research into the legality of a
proposed plan or project conducted to the order and specification of
others
042 Conducting of feasibility studies
04-02-1991 -
Feasibility studies in Class 42 concern the physical feasibility of a project
or effort. Studies concerning feasibility in intangible fields are in other
classes, e.g., economic or commercial feasibility in 35; financial feasibility
in 36. On 11-28-2013, this 04-02-1991 ID was deleted because it is too broad.
The type of feasibility study must be specified.
045 Conducting on-line personal lifestyle performance
assessments based on principles of emotional happiness by means of the users'
inputted preferences and social network
09-05-2013: Entry status
changed from “A” added to “X” example.
045 Conducting on-line personal lifestyle performance
assessments and skill enhancement programs based on principles of emotional
intelligence, by means of performance tracking, reward and incentive
programs
09-05-2013: Entry status changed from “A” added to “X”
example.
042 Conducting public opinion poll surveys [for non-business,
non-marketing purposes]
According to the 8th edition of the Nice
Agreement (2002), all opinion poll services are in Class 35 regardless of
whether the poll is for business or non-business purposes.
035 Conducting public opinion polls
According to the
8th edition of the Nice Agreement (2002), all opinion poll services are in
Class 35 regardless of whether the poll is for business or non-business
purposes.
045 Conducting religious ceremonies for {indicate purpose,
e.g., marriages, baptisms, funerals, etc.}
Conducting religious
ceremonies is acceptable wording in Class 45; further specification of the
purpose of the ceremonies is acceptable, but it is not required.
042 Conducting research and clinical trials for others
relating to medical devices and pharmaceuticals in the field of
ophthalmology
On 01-01-12 this 11-12-09 entry was modified to add
“for others” in order to clarify that conducting one's own clinical trials
does not constitute a service. Please note, that for use-based applications
the specimen must show that this activity is being done for the benefit of
others.
042 Conducting scientific research in the field of {indicate
field or subject matter, e.g., exotic animals, tiger nutrition, etc.} at
animal sanctuary facilities
Animal sanctuaries are permanent refuges
where animals live in a natural environment protected from predators and other
potential harm.
039 Conducting sightseeing travel tours by airplane
On 1-1-2013, the 05-14-2009 entry was modified by inserting the word “travel”
to make clear the nature of the services and to conform to the Nice
Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016, this
01-01-2013 entry was deleted because it is unclear whether “sightseeing travel
tours” refers to transport services in Class 39 or guided tour-type services
in Class 41. This wording is no longer acceptable under Nice 10-2016.
039 Conducting sightseeing travel tours by {specify, e.g.,
airplane, bicycle, bus, etc.}
On 1-1-2013, the 07-22-2010 entry was
modified by inserting the word “travel” to make clear the nature of the
services and to conform to the Nice Classification, Tenth edition, version
2013. 01-01-2016: On 01-01-2016, this 01-01-2013 entry was deleted because it
is unclear whether “sightseeing travel tours” refers to transport services in
Class 39 or guided tour-type services in Class 41. This wording is no longer
acceptable under Nice 10-2016.
039 Conducting sightseeing travel tours for others
This service involves travel for sightseeing purposes. On 1-1-2013, the
04-02-1991 entry was modified by inserting the word “travel” to make clear the
nature of the services and to conform to the Nice Classification, Tenth
edition, version 2013. 01-01-2016: On 01-01-2016, this 01-01-2013 entry was
deleted because it is unclear whether “sightseeing travel tours” refers to
transport services in Class 39 or guided tour-type services in Class 41. This
wording is no longer acceptable under Nice 10-2016.
044 Conducting surveys of farming activities and consultation
in connection therewith
This entry was transferred from Class 42 to
Class 44 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement. 7-1-10 - The entry of 1-1-02 was modified from
“farm surveying and consultation” to avoid confusion with other surveying
services in other classes. This service is for purposes of reviewing what is
grown, how it's grown, etc. to see if recommendations can be made through
consulting to improve the farming activity. It is not to provide a physical
measurement in Class 42 or business information in 35.On 11-17-2011, the
7-1-2010 entry “Conducting surveys of farming activities and consultation in
connection therewith” was deleted because the entry caused confusion with the
above referenced survey services in Classes 35 and 42.
011 Conduit for irrigation use
Conduits are generally
in Class 6 if metal, 17 if plastic or non-metal. Conduits 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. Conduits 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 8th edition of the Nice
Agreement.
035 Confirming scheduled appointments for others in the field
of {indicate type of appointment, e.g., dentistry, legal services, pediatrics,
etc.}
Confirming scheduled appointments for others is acceptable
wording; further specification is acceptable, but it is not required.
Confirming scheduled appointments for others is classified in Class 35 because
it is a clerical activity analogous to “Secretarial services,” which appear in
the Nice Alphabetical List in Class 35.
035 Confirming scheduled appointments for others
Confirming scheduled appointments for others is classified in Class 35 because
it is a clerical activity analogous to “Secretarial services,” which appear in
the Nice Alphabetical List in Class 35.
016 Conical paper bags
Paper bags is acceptable
wording; further specification is also acceptable, but it is not required.
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 engines
Note that parts of all motors and engines such as
camshafts, cylinders, cylinder pistons and other parts essential to the
working of motors and engines such as alternators, belts and carburetors are
in Class 7.
035 Consignment services, namely, promoting and marketing the
horses of others
1-1-2012 This entry of 11-12-2009 has been deleted
because it is confusing. Promoting and marketing activities go beyond the
dictionary definition and common understanding of the term “consignment” and
therefore, it is confusing when those terms are used in connection with each
other. Please note the following entry in Class 35 “Retail consignment stores
featuring {indicate specific field, e.g. clothing}”
017 Construction mastic sealants for ceiling, wall and floor
tiles, wood panel and asphalt
On 02-07-2013, the 02-12-2009 entry was
modified by deleting the word “adhesives” and inserting the word “sealants.”
“Adhesives for industrial purposes” is in the Nice Alphabetical List in Class
1, and that entry covers construction industry adhesives. “Sealant compounds
for joints” is in the Nice Alphabetical List in Class 17 and covers the goods
described in this entry.
019 Construction materials, namely, non-metal bonding
fasteners for mounting and demounting of ceiling and wall panels
On
01-01-2016, this 12-18-2008 entry was deleted as indefinite because the goods
are not clearly in the nature of Class 19 building materials. Under Nice
10-2016, “sash fasteners, not of metal, for windows,” “window fasteners, not
of metal,” and “door fasteners, not of metal” were added to the Nice
Alphabetical List in Class 20.
017 Construction materials, namely, a nonmetal sub-floor
membrane for residential and commercial soundproofing use
8-13-09 -
The 4-19-07 entry was transferred from Class 19 to comply with Nice
Alphabetical List that has “soundproofing materials” in Class 17.
019 Construction materials in the nature of non-metal
composite panels composed primarily of {specify non-metal material, e.g.,
polystyrene, wood, concrete, stone, etc.}
Construction materials in
the nature of non-metal composite panels is acceptable wording in Class 19;
further specification as to the specification nonmetal material is acceptable,
but it is not required.
037 Construction of {specify type of buildings, e.g., office,
residential, etc.} buildings
Construction of buildings is acceptable
wording; further specification is acceptable, but it is not required.
037 Construction of facilities, structures, living quarters,
and utility buildings, production modules and subsea modules in the oil and
gas industry
On 06-27-2013, the status of this entry was changed from
“A” to “X” to indicate that it is an example of acceptable wording under
current USPTO policy.
037 Construction of modular homes
Modular components
are fabricated in a manufacturing facility and transported to a construction
site. Then, construction service providers build the permanent modular
structure using the modular components or modules.
037 Construction of modular buildings
Modular
components are fabricated in a manufacturing facility and transported to a
construction site. Then, construction service providers build the permanent
modular structure using the modular components or modules.
037 Construction project management services in the field of
{specify structures, e.g., residential buildings, factories, etc.}
Construction project management services is acceptable wording; further
specification is acceptable, but it is not required.
037 Construction, maintenance, and construction project
management services in oil and gas fields
On 03-17-2016, this
07-01-2010 entry was deleted because it is indefinite and awkwardly worded.
The ID Manual includes entries for “Construction project management services”
and “Construction management [supervision]” in Class 37.
042 Consultation in the field of health risk assessment,
namely, prediction and assessment of health risks to public and private
agencies, facilities, individuals and locations following an accidental or
terrorist caused release of chemical, biological, radiological or nuclear
materials
These services are in Class 42 because the prediction and
assessment of health risks relates to evaluation and analysis of scientific
data. Although the subject matter of the consultation is health-related, the
services are not justified in Class 44 because they do not involve the
diagnosis or treatment of a physical condition. On 06-27-2013, the status of
this entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
041 Consultation in the field of special event planning for
social entertainment purposes
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 services that correspond to this
activity encompasses planning of events other than those related to business
functions. 5-27-10 - Despite the previous note, this service is included in
IDs with a specification of being for a business purpose, therefore, the
1-1-02 entry in Class 41 has been modified to indicate that the special event
planning is done for social entertainment purposes.
042 Consultation in the field of auxiliary design for oil and
gas industrial machines
On 5-5-2011, this 11-27-2008 ID was deleted.
It was replaced with a fill-in-the-blank entry for “Consulting in the field of
auxiliary design for {specify type of product, e.g., gas turbine engines,
etc.} 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Consultation in the field of auxiliary design for power
generation engines
On 5-5-2011, this 11-27-2008 ID was deleted. It
was replaced with a fill-in-the-blank entry for “Consulting in the field of
auxiliary design for {specify type of product, e.g., gas turbine engines,
etc.} 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Consultation in the field of auxiliary design for
combustion engines
On 5-5-2011, this 11-27-2008 ID was deleted. It
was replaced with a fill-in-the-blank entry for “Consulting in the field of
auxiliary design for {specify type of product, e.g., gas turbine engines,
etc.} 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Consultation in the field of ergonomics, namely, designing
workplace facilities and equipment to optimize efficiency and safety
On 06-27-2013, the status of this entry was changed from “A” to “X” to
indicate that it is an example of acceptable wording under current USPTO
policy.
042 Consultation in the field of fuel monitoring and metering
for gas turbine and combustion engines
08-09-2012: Monitoring
services in Class 42 typically involve the use of computers, sensors, and
other technology to evaluate a mechanical or technological function, or
observation and evaluation to ensure functionality, i.e., quality control.
Class 42 monitoring services also include observation of a physical condition
to determine any changes in that condition.
000 Consultation services in the field of {indicate field or
subject matter of consultation} [nature of subject matter 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.
12-16-10 - This entry does not appear in the TEAS Plus version of the ID
Manual because a class number cannot be assigned to this entry as it appears
in the Manual.
044 Consultation services in the field of make-up, namely,
on-line makeup consultation services and in-person makeup consultation and
application services
09-05-2013: Entry status changed from “A” added
to “X” example.
037 Consultation services in the field of yacht and boat
conversion, renovation, refit and repair
1-28-10 - The 7-16-09 entry
was amended to delete “building” from this Class 37 ID. Custom building or
construction of boats and yachts is in Class 40 as a custom manufacture
service. Only shipbuilding or ship construction is in Class 37 since the
construction of a vessel the size of a ship is considered analogous to
construction of a structure in Class 37. This is support by the entry in the
Nice Alphabetical List of “shipbuilding” in Class 37.
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.
037 Consulting in the field of maintenance and repair of
telecommunications network hardware, apparatus, and instruments
11-17-2011: Amended the 10-07-2010 entry by changing “telecommunication
networks” to “telecommunication network hardware” to make clear that the
services do not include consultancy in the field of telecommunications network
operating software in Class 42.
042 Consulting in the field of auxiliary design for {specify
type of product, e.g., gas turbine engines, combustion engines, oil and gas
industrial machines}
On 5-5-2011, this 11-27-2008 ID was amended from
“Consultation in the field of auxiliary design for gas turbine engines to
“Consulting in the field of auxiliary design for {specify type of product,
e.g., gas turbine engines, combustion engines, oil and gas industrial
machines}
042 Consulting in the field of physics
On 5-5-2011,
this 4-2-1991 entry was amended from “Consultation in the field of physics” to
“Consulting in the field of physics.” Both IDs acceptable but “Consulting” is
preferred.
042 Consulting in the field of software and product
development in the field of {specify products or field of use}
On
5-5-11, this 11-12-2009 entry was deleted because it is duplicative of entry
already in the Manual, namely, “Software development and product development
consulting in the field of{indicate subject matter or field of use}
042 Consulting on root cause analysis in the field of {specify
type of product, e.g., gas turbine and combustion engines, etc.}
On
5-5-2011, this 11-27-2011 entry was amended from “Consultation on root cause
analysis in the field of gas turbine and combustion engines” to “Consulting on
root cause analysis in the field of {specify type of product, e.g., gas
turbine and combustion engines, etc.}
035 Consulting services in the cost management of health
care
On 01-01-2015, this 04-12-2007 entry was amended to delete “and
payment” to clarify the nature of the services. Under Nice Classification,
Tenth edition, version 2015, effective 01-01-2015, “Business management of
reimbursement programs for others” was added to the Nice Alphabetical List in
Class 35 and “Financial management of reimbursement payments for others” was
added in Class 36.
035 Consulting services in the field of search engine
optimization for sales promotion
On 01-01-2014, this 03-27-2008 entry
was transferred from Class 42 to Class 35, pursuant to the addition of “Search
engine optimization” to the Nice Classification, Tenth edition, version 2014,
effective 01-01-2014. 01-01-2016: On 01-01-2016, this 01-01-2014 entry was
modified to add “for sales promotion” to clarify the service-related subject
matter of the consultation services. “Search engine optimization” in Class 35
was amended under Nice 10-2016 to “search engine optimization for sales
promotion” in order to clarify the nature of the services and the
justification for classifying the services in Class 35. Thus, “consulting
services in the field of search engine optimization” is indefinite and overly
broad under Nice 10-2016 because it does not clearly indicate a service
limited to a single class and could encompass technological consultation
services in Class 42.
042 Consulting services in the field of environmental
assessment and planning
12-10-09 - “compliance” was deleted from the
11-02-06 entry. Most consulting concerning compliance is in Class 45.
045 Consulting services concerning legal matters in the
medical field
Transferred from Class 42 based on the 9th edition of
the Nice Agreement.
042 Consulting services in the field of feng shui design
On 5-5-2011, this 01-04-2006 ID was amended from “Consulting services in
the field of feng shui” to “Consulting services in the field of feng shui
design”
042 Consulting services in the field of the design of {specify
tangible item(s) or visual display(s) being designed and developed, e.g.,
machinery, computer software, graphic arts, etc.} [Landscape design, garden
design, and golf course design are exceptions - those services are in Class
44]
On 5-19-2011, this 8-19-2010 ID was amended from “Consulting
services in the field of the design of {indicate specific field, e.g.,
computers, clothing, masonry walls and structures, etc.} to the above
fill-in-the-blank entry. Design of tangible goods and visual displays is in
Class 42, but design of intangible goods, such as advertising, insurance
policies, and educational curriculum, are classified according to subject
matter, and those services are classified in 35, 36 and 41, respectively.
042 Consulting services in the field of home automation
Home automation refers to the control of domestic appliances by
electronically controlled systems.
043 Consulting services in the field of hospitality
This entry was transferred from Class 42 to Class 43 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
042 Consulting services for others in the field of design,
planning, and implementation project management of {indicate Class 42 subject
matter, e.g., scientific research, clinical trials, computer software testing,
etc.}
On 3-24-2011, the 11-5-2009 entry was deleted because the free
text area was being filled in with subject matter that was not in Class 42. On
07-04-2013, the 11-05-2009 entry was modified by deleting “subject matter,
product or field” and inserting “indicate Class 42 subject matter, e.g.,
scientific research, clinical trials, computer software testing, etc.” to
provide more clear guidance to the Manual users. Additionally, the status of
this entry was changed from “D” Deleted to “X” Example to indicate that it is
an example of acceptable wording under current USPTO policy.
042 Consulting services provided to local governments in the
field of development of electrical services and renewable energy resources
On 6-16-2011, this 10-15-2009 entry was deleted because “development of
electrical services” is broad enough to encompass “power generation” in Class
40 or “construction of power towers” in Class 37, for example.
044 Consulting services in the field of medical imaging
regarding the use and operation of medical imaging apparatus including X-ray,
computed tomography, magnetic resonance imaging, ultrasound, and positron
emission tomography apparatus
04-04-2013: This entry of 10-19-2006
was modified from “Medical imaging services, namely, consulting services in
the field of using and operating medical imaging apparatus ...” to clarify
nature of services and clearly justify class 44. 09-05-2013: Entry status
changed from “M” modified to “X” example.
040 Consulting services in the field of {specify type of
water, e.g., waste, gray, black, etc.} water treatment
“Consulting
services in the field of water treatment” is an acceptable identification;
further specification as to the type of water is acceptable, but it is not
required.
042 Consulting services in the field of site planning and
design services related to positron emission tomography (PET) tracer
production facilities
On 5-5-2011, this 1-17-2008 ID was deleted
because “site planning” is broad enough to include services in other
classes.
042 Consulting services in the field of design and development
of engineering processes
On 5-5-2011, this 1-21-2010 ID was amended
from “Consulting services in the field of improvement of engineering
processes” to “Consulting services in the field of design and development of
engineering processes”
042 Consulting services in the design and implementation of
computer-based information systems for businesses
On 5-5-2011, the
12-20-2007 ID was amended from “Consulting services in the field of
identification, support, and implementation of computer-based information
systems for businesses” to “Consulting services in the field of design and
implementation of computer-based information systems for businesses”
042 Consulting services in the field of collection of evidence
for forensic purposes
These services involve the scientific analysis
of physical evidence
042 Consulting services for the design of masonry walls and
structures
On 5-5-2011, this ID was deleted because it is duplicative
of the fill-in-the-blank entry in the Manual of “Consulting services in the
field of the design of {indicate specific field, e.g., computers, clothing,
masonry walls and structures, etc.}”.
037 Consulting services for the construction of water
treatment and purification plants, solid waste treatment plants and other
municipal infrastructure facilities
On 06-27-2013, the status of this
entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
036 Consulting services in the field of state and federal
employee benefit plans concerning insurance and finance
1-28-10 - The
7-3-08 entry was modified to add “concerning insurance and finance” in order
to avoid confusion with administration of other benefit plans like fitness
club memberships the administration of which would be in 35.
037 Consulting services in the field of construction of wind
energy facilities
On 06-27-2013, the status of this entry was changed
from “A” to “X” to indicate that it is an example of acceptable wording under
current USPTO policy.
035 Consulting services in the field of dental practice
management
09-26-2013: Entry status changed from “A” to “X”
example.
036 Consulting services in the field of retirement plan
administration and fiduciary compliance
11-17-2011: Deleted the
05-28-2009 entry because it is partially misclassified. “Fiduciary compliance”
refers to compliance with federal securities regulations governing investment
advisory activities, and consulting in that field is in Class 45.
042 Consulting services, namely, designing, creating,
implementing and maintaining computer software for owners, managers and other
personnel to set-up, open, operate and manage a commercial climbing
facility
04-14-2011: Deleted the specific wording in the 11-20-2008
entry because it is covered by the broadly worded, existing Manual entry:
“Design, development, installation and maintenance of computer software”
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Consulting services, namely, providing expectant parents
with consumer information on all types of baby products and services
Consumer information refers to information that would be used by consumers to
make purchasing decisions. It is information that furthers the business of the
producers of the goods or services that are the subject of the information. As
such, all consumer information is in Class 35 regardless of the subject matter
of the information. 01-16-2014: Entry status changed from “A” added to “X”
example.
035 Consulting services, namely, to employers, community
organizations, brokers and beneficiaries, related to consumer information
regarding health care plan options, products and programs in the field of
managed care and state and federal medical care programs
09-26-2013:
Entry status changed from “A” added to “X” example.
009 Consumer electronic products, namely, audio amplifiers,
audio speakers, audio receivers, electrical audio and speaker cables and
connectors, audio decoders, video decoders, speakers, power conversion
devices, power converters, and power inverters
01-13-2011: The phrase
“home theater systems” was deleted from the 3-6-2008 entry since the language
can include goods that are not in 9 but are part of home theater systems such
as lighting and chairs and the ID does not indicate that they products are
sold together in kit form. 08-29-2013: Entry status changed from “A” added to
“X” example.
042 Consumer product safety testing consultation
12-10-09 - removed “and” between “testing” and “consultation” in the 4-2-91
entry. The prior language indicated consultation as a service separate from
the testing and could include consultation in product safety itself which
would be in Class 45.
035 Consumer strategy business consulting in the fields of
marketing, sales, operation, and product design particularly specializing in
the use of analytic models for the understanding and predicting of consumer,
business, and retail market trends and actions
On 11-3-2011, this
06-04-2009 entry, although acceptable, was deleted because it is too specific
to be of use to a broad range of applicants. Moreover, it is covered by the
existing entry for “Business consulting services in the field of {indicate
field or subject matter}.” On 07-04-2013, the status of this acceptable entry
was changed from “D”-Deleted to “X”-Example.
001 Contact cements for industrial purposes
On
01-01-2016, this 06-01-2001 entry was modified to add “for industrial
purposes” to make clear the purpose of the goods and the justification for
classification in Class 1. Certain specialized adhesives are classified in
classes other than Class 1 based on their specific use, e.g., dental
adhesives, in Class 5, and adhesives for cosmetic use, in Class 3. Please
consult the Manual for examples of adhesives in other classes.
016 Containerboard
Containerboard (also called CCM or
corrugated case material) is a type of paperboard for use in the manufacturing
of corrugated board.
021 Containers for household use for enveloping and packaging
domestic waste, including diapers and nappies, for storage and disposal,
namely, sanitary waste disposal units comprising tubs or bins with or without
reels or cassettes containing wrapping materials for enveloping waste
08-13-2015: Status of entry changed from “A”-Added to “X”-Example.
020 Containers for medications sold empty for commercial
use
2-12-09 - “Vials” deleted from 4/26/07 entry. Vials are analogous
to glass bottles, although generally they are small, and would be in Class
21.8-20-09 - 2-12-09 entry modified to add “for commercial use.” Medication
containers for personal use are in Class 21.
021 Containers for transporting milk
Entry is too
broad and classification is inaccurate. Metal containers for transporting milk
are in Class 6; non-metal containers for transporting milk are in Class
20.
005 Containers for veterinary and human medical and clinical
use sold filled with a platelet additive solution
These goods are
classified in Class 5 because they are sold filled with a platelet additive
solution which is classified in Class 5.
006 Containers of metal for storage of feminine products for
household or domestic use
On 10-23-2014, the 08-09-2007 entry was
deleted. Containers for household purposes are classified in Class 21
regardless of material composition.
028 Containers used in playing a GPS-based treasure hunt
game
The material composition of the container was deleted from the
original 2/7/08 entry. Material composition is not necessary in this situation
for classification. 4-1-10 - GEOCACHING was deleted from the end of the
3/27/08 entry because it is a registered mark for information about a
GPS-based treasure hunt game (RN 2619174).
041 Continuing education services, namely, providing live and
on-line continuing professional education seminars in the legal, medical,
accounting, and real estate fields
On 8-25-2011, this 7-24-2008 entry
was deleted because it is covered by a fill-in entry for the same services.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
010 Contraceptive apparatus
On 5-9-2013, the
7-20-2004 entry “Contraceptives [apparatus]” was modified to incorporate the
bracketed wording into the identification because the wording “contraceptives”
is indefinite and overly broad. Please note that contraceptive preparations
are classified in Class 5, and contraceptive apparatus are classified in Class
10.
005 Contraceptive preparations
On 5-9-2013, the
7-20-2004 entry “Contraceptives [preparation]” was modified to incorporate the
bracketed wording into the identification because the wording “contraceptives”
is indefinite and overly broad. Please note that contraceptive preparations
are classified in Class 5, and contraceptive apparatus are classified in Class
10.
043 Contract food services
This entry was transferred
from Class 42 to Class 43 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
009 Control systems for airport baggage handling systems,
consisting of a single or multiple programmable controllers (PLC) with input
and output features for digital devices, with capability of being connected to
external supervisory computers
11-28-2013: Entry status changed from
“A” added to “X” example.
009 Control valves for regulating the flow of gases and
liquids
Note that manually operated metal valves are in Class 6;
valves being machine parts and engine valves for vehicles and machinery are in
Class 7; valves for plumbing 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.
028 Controllers for toy {specify toys, e.g., cars, planes,
etc.}
“Controllers for toy {specify toys, e.g., cars, planes, etc.}”
encompasses controllers for toys appropriate to Class 28. “Electronic
controllers for {indicate goods being controlled} [excluding gaming
apparatus]” appears in the ID Manual in Class 9.
044 Convalescent home services
01-01-2002: This entry
was transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Convalescent homes” to
“Convalescent home services” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
007 Conveyor accessories, namely, a conveyor belt washing
device affixed to the conveyor with spray bar for flushing the conveyor belt
with liquid
10-10-2013: Entry status changed from “A” added to “X”
example.
029 Cooked dish consisting primarily of rich soybean paste and
tofu (cheonggukjang-jjigae)
On 9-6-2012, this 8-9-2012 entry was
amended to replace the brackets with parentheses.
029 Cooked dish consisting primarily of soybean paste and tofu
(doenjang-jjigae)
On 9-6-2012, this 8-9-2012 entry was amended to
replace the brackets with parentheses.
029 Cooked dish consisting primarily of stir-fried chicken and
fermented hot pepper paste (dak-galbi)
On 9-6-2012, this 8-9-2012
entry was amended to replace the brackets with parentheses.
030 Cooked dish consisting primarily of sliced oval rice cakes
with broth (tteokguk)
On 9-6-2012, this 8-9-2012 entry was amended to
replace the brackets with parentheses.
029 Cooked dish consisting primarily of fermented vegetable,
pork and tofu (kimchi-jjigae)
On 9-6-2012, this 8-9-2012 entry was
amended to replace the brackets with parentheses.
030 Cooked rice mixed with vegetables and beef (bibimbap)
On 9-6-2012, this 8-9-2012 entry was amended to replace the brackets with
parentheses.
021 Cookery molds in the shape of {specify, e.g., circles,
stars, etc.}
Cookery molds is acceptable wording in Class 21; further
specification of the shape of the molds is acceptable, but it is not
required.
021 Cookie cutters
These are not cutters in the sense
of knives - they are more analogous to molds that make cookies in certain
shapes
030 Cookies with nuts
“Cookies” is an acceptable
identification in Class 30.
011 Cooking rings
05-15-2014: Cooking rings in Class
11 are in the nature of stove burners. They are classified in Class 11
because they are apparatus for cooking or heating food or beverages, and
“apparatus for ... heating ... [and] cooking” appears in the Class 11 Class
Heading. Rings used for cooking purposes which are in the nature of cookery
molds are classified in Class 21.
021 Cooking spoons
On 07-04-2013, this 05-07-2009
entry was transferred from Class 8 to Class 21 to conform with the Nice
Alphabetical List entry of “cooking utensils, non-electric” in Class 21.
011 Cooking tunnels
Cooking tunnels are apparatus for
cooking food during manufacturing or commercial food preparation that commonly
feature a conveying mechanism to transport the food while cooking.
021 Cooking utensils, namely, grill covers
This is a
grill grid or pan - it is not barbecue equipment.
021 Cooking utensils, namely, grills
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 skillets or electric grills
that should be classified in Class 11.
035 Cooperative advertising and marketing
Cooperative
advertising services by itself would be acceptable. But marketing services can
reasonably refer to a retail-type activity. In the context of the language of
this ID, marketing refers to promoting or advertising the goods and services
of others. While a retail service would also be in Class 35, the nature and
purpose of that type of service is very different from an advertising type of
service. 1-1-2012 “Marketing services” was added to the Manual as a separate
entry pursuant to the 10th Edition of the Nice Agreement. When listed by
itself, an identification for “marketing” should include the term “services.”
This entry refers to the promoting of the goods and services of others.
040 Coppersmithing
On 01-01-2015, this 04-02-1991
entry was deleted in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. “Coppersmithing” was deleted from the
Nice Alphabetical List under Nice 10-2015 because the wording is considered
indefinite. The common commercial name of the services should be
indicated.
041 Copy editing
Copy editor services involve
checking written material for errors in grammar, spelling, usage and style,
among other things.
035 Copy writing for advertising and promotional purposes
This service involves writing of publicity text and using words to
promote goods and services.
045 Copyright management
Transferred from Class 42 to
Class 45 pursuant to 9th edition of the Nice Agreement.
045 Copyright management consultation
Transferred
from Class 42 to Class 45 pursuant to 9th edition of the Nice Agreement.
019 Cork tiles and tiles of cork-based conglomerates being
building materials for floors, walls and ceilings
02/21/2013: This
entry from 05/22/2008 was modified to remove reference to the term “coverings”
in order to clarify that such goods are intended to become flooring. Materials
for covering existing floors, walls, or ceilings are properly classified in
Class 27.
031 Corms
Corms are similar to bulbs in that they are
planted underground and grow into a new plant during growing season.
029 Corn dogs
This item accepted in Class 29 in the
8th edition of the Nice Agreement. Therefore, the entry was transferred from
Class 30 to Class 29 in the US ID Manual.
011 Corn roasters
These are machines or large grills
used to roast corn in large quantities.
028 Cornhole bags
Cornhole bags are game equipment
used to play the target-type lawn game called cornhole.
028 Cornhole game boards
Cornhole game boards are
boards containing a hole used as a target for playing lawn games.
028 Cornhole game sets
Cornhole game sets consist
primarily of filled bags sold together with target boards. The goods are used
to play a target-type lawn game called cornhole.
014 Corporate recognition jewelry
Corporate
recognition jewelry is personal jewelry featuring a corporate logo or other
brand imagery and typically presented to the corporation’s employees to
recognize excellent job performance or other achievements.
042 Correspondence exchange services
Old ID - no
longer clear what service this encompasses. Due to advances in communication,
this service is now ambiguous and confusing.
041 Correspondence schools
ON 8-25-2011, this
4-2-1991 entry was deleted because it is covered by the existing entry of
“Educational services in the nature of {indicate specific area of specialty,
e.g., fine arts, business correspondence course} schools”. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
026 Corset busks
A busk is a type of fastener used in
corsets.
044 Cosmetic analysis
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. It encompasses the analysis of a
person's face and skin in order to determine the most appropriate cosmetics to
use. Technical analysis of cosmetics for scientific or research purposes would
be classified in Class 42 with other technical analysis services.
044 Cosmetic and plastic surgery
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Cosmetic and plastic surgery, namely, a minimally invasive
face/neck lift done under local anesthesia
01-16-2014: Entry status
changed from “A” added to “X” example.
018 Cosmetic bags sold empty
If sold complete with
cosmetics or toiletries, these goods would be in Class 3.
003 Cosmetic body care preparations, namely, {specify, e.g.,
body scrubs, non-fragranced shower gels, etc.}
Cosmetic preparations
for body care is acceptable wording; further specification is acceptable, but
is not required.
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 of 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 of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Cosmetic eyebrow care services in the nature of {indicate
type of service, e.g., eyebrow shaping, eyebrow design, tinting, etc.}
Cosmetic eyebrow care services is acceptable wording; further
specification is acceptable, but it is not required.
044 Cosmetic hair removal by means of {specify, e.g., waxing,
sugaring, etc.}
“Cosmetic services, namely, non-permanent hair
removal” is an acceptable identification; further specification is acceptable,
but it is not required.
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 preparations for eyelashes
On
04-02-2015, the 07-20-2004 entry, “Cosmetic preparations for eye lashes” was
amended to “Cosmetic preparations for eyelashes” to match the TM5 approved
entry.
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 paper for removing
make-up”
044 Cosmetic skin care services, namely, {indicate specific
service, e.g., facials, chemical peels, microdermabrasion, etc.}
Cosmetic skin care services is acceptable in Class 44; further specification
of the skin care treatment is acceptable, but not required.
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 of 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
Agreement since the primary beneficiary of selling or sales is the seller.
Language describing services acceptable in the retail chain (e.g., retail
stores, distributorships, on-line retailing) should be used instead of selling
or sales.
003 Cosmetics in general, including perfumes
09-26-2013: Entry status changed from “A” added to “X” example.
035 Cost price analysis
No longer a trilateral entry
as of 6/28/07 but still accepted in the USPTO
020 Cot tidies, namely, fabric organizers to hang on side of
cribs
10-8-09 - Entry of 7-3-08 transferred from Class 24 to be
consistent with other hanging fabric organizers in Class 20. Class 20 is more
appropriate for these goods since they are analogous to shelving.
006 Cotter pins
1-1-2012 This entry of 7-20-2004 was
deleted because under the 10th Edition of the Nice Agreement, these goods must
be specified as being made of metal for classification in Class 6.
022 Cotton bags for industrial use
On 06-12-2014,
this 07-20-2004 entry was amended from “Cotton bags [for use in industry]” to
the current entry for clarity.
005 Cotton swabs for medical use
On 09-24-2015, the
04-02-1991 entry, “Cotton swabs for medical purposes” was amended to “Cotton
swabs for medical use” to match the TM5 approved entry.
024 Cotton towels
Towels is an acceptable
identification of goods in Class 24. However, identification of the cotton
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
004 Cottonseed oils for industrial purposes
Industrial oils appears in the Class 4 Heading. Accordingly, cottonseed oils
used for industrial purposes are classified in Class 4.
010 Cotyloid implants made of artificial materials
Note added on 3-21-2013 - A cotyloid implant consists of a metal cup that is
anchored in the cup-shaped cavity at the base of the hipbone as part of a
total hip prostheses.
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. It does not appear in the TEAS
Plus version of the ID Manual because a class number cannot be assigned to
this entry as it appears in the Manual. Identification too broad under 8th
edition of the Nice Agreement to be classified in a single class. Subject
matter of counseling controls classification.
045 Counseling in the field of personal development, namely,
self-improvement, self-fulfillment, and interpersonal communication
On 08-15-2013, the 07-10-2008 entry was modified by changing the status from
“A-Added” to “X” to indicate that it is an example of acceptable wording.
044 Counseling services in the fields of health, herbalism,
and lifestyle wellness
01-16-2014: Entry status changed from “A”
added to “X” example.
009 Countdown timer(s) and alarms to remind a person to take
or give a medication(s) and/or to remind a person to do a daily routine(s)
incorporated into a wristband
1-28-10 - the 4-24-08 entry was turned
around to have the class controlling element of the goods - the timer and
alarm - lead the language of the ID.
006 Counterweight arbor assembly in the nature of a framework
with weights in it made primarily of metal and also sometimes including
non-metal parts for providing a counterweight for use assisting with the
manually powered lifting by means of ropes, cables and/or chains of theatrical
objects during the performance of theatrical productions
11-10-2011:
While this entry is still acceptable in Class 6 because it is primarily in the
nature of a metal frame, the 03-04-2010 entry is being deleted from the Manual
because the wording is highly specific, and the entry does not serve a broad
range of Manual users. 07-25-2013: Acceptable entry status changed from “D”
deleted to “X” example.
045 Court reporting
Transferred from Class 42
pursuant to 9th edition of the Nice Agreement
023 Covered rubber thread and yarn for textile use
On
03-13-2014, this 07-20-2004 entry, “Covered rubber thread and yarn [for
textile use]” was modified to incorporate the bracketed wording into the
identification for clarity.
017 Covered rubber thread and yarn not for textile use
On 03-13-2014, this 07-20-2004 entry, “Covered rubber thread and yarn
[not for textile use]” was modified to incorporate the bracketed wording into
the identification for clarity.
024 Covered rubber yarn fabrics for textile use
On
03-13-2014, this 07-20-2004 entry, “Covered rubber yarn fabrics [for textile
use]” was modified to incorporate the bracketed wording into the
identification for clarity.
020 Coverings for massage tables [not including heating
pads]
Massage tables were transferred from Class 10 by analogy with
hospital beds. Massage tables, in themselves, do not provide therapy or
treatment. Since the tables were transferred, the coverings for the tables
must be transferred as well.
035 Co-employment services in the nature of providing human
resource management for others
The term “co-employment services” is
indefinite and includes a range of business management and human resources
management activities. The term “co-employment services” must be further
specified, e.g., Co-employment services in the nature of providing human
resource management for others in Class 35, Providing human resources
management services for others through co-employment contracts in Class 35,
etc.
029 Crabs, not live
On 1-31-2013, the 7-20-2004 entry
“Crabs [not live]” was modified to incorporate the bracketed wording into the
identification. Live crabs are classified in Class 31.
032 Craft beers
Craft beers are beers made in a
traditional or non-mechanized way by a small brewery.
016 Craft kits (Art and)
This entry was deleted
because it was too broad. Only arts and crafts paint kits 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, cylinder pistons and other parts essential to the working of motors
and engines such as alternators, belts and carburetors are in Class 7.
028 Craps tables [gaming equipment]
On 9-13-2012, the
8-24-2006 entry “Gaming equipment, namely, craps tables” was amended to “Craps
tables [gaming equipment].”
012 Crash carts
Crash carts are typically for storing
and transporting emergency medicine and equipment to the site of a medical
emergency in a hospital. Crash carts are sold empty, and hospitals typically
have protocols for stocking and organizing the contents of crash carts.
025 Cravates
05-14-2015: A cravate is a scarf of silk
or fine wool, worn around the neck, especially by men.
025 Cravats
05-14-2015: A cravat is a scarf of silk
or fine wool, worn around the neck, especially by men.
029 Crawfish, not live
On 1-31-2013, the 11-1-2012
entry “Crawfish [not live]” was modified to incorporate the bracketed wording
into the identification. Live crawfish are classified in Class 31.
031 Crayfish [live]
08-04-2011: Deleted the
03-15-1993 entry and replaced it with “Live crayfish” because the entry caused
confusion with “Crayfish [not live]” in Class 29.
029 Crayfish, not live
On 1-31-2013, the 7-20-2004
entry “Crayfish [not live]” was modified to incorporate the bracketed wording
into the identification. Live crayfish are classified in Class 31.
029 Crayfish, not live [for human consumption]
On
1-31-2013, the 3-15-1993 entry “Crayfish [not live; for human consumption]”
was modified to incorporate the bracketed wording “not live” into the
identification. Live crayfish are classified in Class 31.
030 Cream of tartar for food purposes
8/14/08 - Item
transferred from Class 1. This is a common ingredient in food and, when used
for that purpose, is more appropriately classified in Class 30 than in Class 1
as a chemical (tartaric acid). On 02-02-2012, this 08-14-2008 entry was
deleted because it is no long acceptable under the Tenth Edition of the Nice
Classification system. It is overbroad and includes those goods for food
manufacturing and for non-industrial cooking and baking.
001 Cream of tartar for industrial purposes [food additives
for food manufacturing]
On 02-02-2012, the 01-01-2012 entry was
modified by inserting the bracketed wording. Under the Tenth Edition of the
Nice Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
001 Cream of tartar for the food industry [food additives for
food manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
030 Cream of tartar for cooking and baking purposes
On 12-06-12, the 01-25-2007 entry was deleted because it is already covered by
“Cream of tartar for culinary purposes” and although this wording is
acceptable in Class 30, retaining this entry in the Manual may cause confusion
about the identification and classification rules for food additives under the
Tenth Edition.
030 Cream of tartar for culinary purposes [food additives for
non-industrial use]
On 02-02-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
003 Creams for cellulite reduction
These refer to
non-medicated creams. Medicated creams are in Class 5.
042 Creating an on-line community for men concerned with how
to be a better father
04-14-2011: This 12-25-2008 entry was replaced
with the following new entry: “Creating an on-line community for {specify
users, e.g., land owners concerned with land stewardship, etc.}”
042 Creating an on-line community for recreational athletes
for the purpose of connecting players, teams and leagues and organizing game
and sports activities
03-20-2014: Entry status changed from “A” added
to “X” example.
035 Creating and updating advertising material
04-07-2011: This activity involves selection of print or broadcast advertising
media and developing marketing strategy and slogans. This activity does not
involve graphic design in Class 42 or printing services in Class 40.
042 Creating or maintaining web sites for others
07-21-2011: Deleted the 07-20-2004 entry because use of the term “or” makes it
indefinite. Please note that the Manual includes “Creating and maintaining web
sites for others,” as an alternative.
035 Creating trademarks for others
04-07-2011: This
activity involves the selection of wording, designs, colors, stylization, or
other literal and visual elements, to identify a source of goods or services
in the marketplace. It does not include graphic design services in Class
42.
042 Creation and provision of web pages to and for third
parties
06-23-2011: Deleted the 07-20-2004 entry - although “creating
web pages for others” is considered a computer service in Class 42, the
service of “providing web pages [featuring information]” should be classified
by subject matter.
040 Creation of custom portraits and paintings based on
photographs, snapshots or images provided by the customer
04-07-2011:
This 08-01-2004 entry was deleted because it is unclear how it differs from
portrait painting services in Class 41 and causes confusion.
035 Creation of marketing tools designed to increase a client
company's knowledge of customer needs, and its competitors' products and
services, pricing, advertising strategy and sales strategy
06-23-11:
Deleted the 07-01-2004 entry because “marketing tools” may include brochures
and billboards, videos and blogs, and therefore, the entry is overbroad and
includes services in multiple classes.
036 Credit agencies in the field of farming
10-03-2013: Entry status changed from “A” added to “X” example.
036 Credit and cash card payment processing services
On 01-01-2016, this 07-20-2004 entry was modified to add “payment processing”
in order to clarify the nature of the services in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, credit card services, debit card services, or other payment card
services are indefinite and overly broad because the nature of the activity
provided is unclear. The common name of the activity provided in connection
with credit cards, debit cards, or the like should be specified, e.g.,
processing of credit card payments, in Class 36.
036 Credit and debit card services
On 01-01-2016,
this 11-22-2007 entry was deleted in compliance with the Nice Classification,
Tenth edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit
card services, debit card services, or other payment card services are
indefinite and overly broad because the nature of the activity provided is
unclear. The common name of the activity provided in connection with credit
cards, debit cards, or the like should be specified, e.g., processing of
credit card payments, in Class 36.
036 Credit bureau services
On 01-01-2016, this
04-02-1991 entry was amended from “Credit bureaus” to “Credit bureau services”
in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
036 Credit card and debit card services
On
01-01-2016, this 11-22-2007 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, credit card services, debit card services, or other payment card
services are indefinite and overly broad because the nature of the activity
provided is unclear. The common name of the activity provided in connection
with credit cards, debit cards, or the like should be specified, e.g.,
processing of credit card payments, in Class 36.
036 Credit card and payment card services
On
01-01-2016, this 11-22-2007 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, credit card services, debit card services, or other payment card
services are indefinite and overly broad because the nature of the activity
provided is unclear. The common name of the activity provided in connection
with credit cards, debit cards, or the like should be specified, e.g.,
processing of credit card payments, in Class 36.
036 Credit card services
On 01-01-2016, this
04-02-1991 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit card
services, debit card services, or other payment card services are indefinite
and overly broad because the nature of the activity provided is unclear. The
common name of the activity provided in connection with credit cards, debit
cards, or the like should be specified, e.g., processing of credit card
payments, in Class 36.
045 Cremation [funerary services]
06-18-2009 This
refers to the memorial or religious service. 11-19-2009 - The 09-18-2009
trilateral entry was deleted because this item has proved to be confusing with
actual cremation services in Class 40. The indication of “funerary services”
in brackets has not helped applicants understand the service and it has caused
confusion both inside and outside of the USPTO.
045 Cremation services
On 01-17-2013, the 06-25-2009
entry was transferred from Class 40 to Class 45 because “Crematorium services”
is in the Nice Alphabetical List in Class 45. The French version of the
Alphabetical List entry, services de cremation, has the same meaning in French
as the word cremation in English.
024 Crib canopies
07-12-12: These goods are
classified in Class 24 because they are so closely related to and travel in
the same trade channels with crib sheets, crib bumpers, crib skirts, and other
bed cover-related goods in Class 24.
042 Crop scouting services in the nature of scientific
analysis of pest infestation and crop performance to determine the potential
effectiveness of pest control measures
The term, crop scouting, is
overbroad and includes services in multiple classes. Specification of the
term, crop scouting, is required for classification purposes.
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.
036 Cruise ship property services, namely, listing, leasing,
brokerage, and management of residential and commercial units aboard cruise
ships and financing of same
On 01-01-2016, this 01-04-2006 entry was
deleted because the identification includes wording which is broad enough to
encompass services in other classes, such as marketing services for temporary
accommodations, in Class 35.
029 Crustaceans, not live
On 1-31-2013, the 7-30-2009
entry “Crustaceans [not live]” was modified to incorporate the bracketed
wording into the identification. Live crustaceans are classified in Class
31.
040 Cryogenic preservation
These services were
transferred to Class 40 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement. It is considered a
treatment of material service.
001 Cryopreservation kits for use in scientific research
consisting primarily of sperm freezing medium, in vitro fertilization medium,
sperm freezing canister, cans for holding straws filled with semen, and mixing
tubes
07-04-2013: Status changed from “A” - Added to “X” -
example.
005 Cryopreservation kits for use in in vitro
fertilization consisting primarily of sperm freezing medium, in vitro
fertilization medium, sperm freezing canister, cans for holding straws filled
with semen, and mixing tubes
07-04-2013: Status changed from “A” -
Added to “X” - example.
044 Cryotherapy services
Cryotherapy is the local or
general use of low temperatures in medical therapy.
029 Crystallized fruits
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
030 Crystallized gingers
On 04-21-2016, this
04-02-1991 entry was amended from “ginger” to “gingers” to match a TM5
approved entry.
028 Cube-type puzzles
On 01-28-2016, this 04-02-1991
entry was modified from “Puzzles [cube-type]” to “Cube-type puzzles” in order
to clarify the nature of the goods.
045 Cuddling companionship services
Cuddling
companionship services involve non-sexual physical contact, such as an
embrace. Cuddling services may be classified in Class 44 when the description
indicates that the services are medical or therapeutic in nature.
044 Cuddling therapy services
Cuddling companionship
services are in Class 45.
025 Culottes
05-14-2015: Culottes are a divided
skirt.
044 Cultivation of fungi for others to produce diesel-like
compounds for use in diesel, gasoline, and jet engines
09-05-2013:
Entry status changed from “A” added to “X” example.
044 Cultivation of fungi to produce diesel-like compounds for
use in diesel, gasoline, and jet engines
09-05-2013: Entry status
changed from “A” added to “X” example.
001 Cultures of microorganisms other than for medical or
veterinary use
On 01-01-2016, this 11-08-2007 entry was amended from
“Cultures of microorganisms other than for medical and veterinary use” to
“Cultures of microorganisms other than for medical or veterinary use” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
030 Cumin powder
Cumin powder is used as a spice and
is classified in Class 30 because “spices” is in Class 30 in the Nice
Alphabetical List.
021 Cup holders for vehicles
Goods are in 12 since
they are specially adapted for use only in vehicles.
010 Cupping glasses
Cupping glasses are used in
therapeutic cupping treatments to draw blood to the surface of the skin.
021 Cups
Paper and plastic cups are also included in
this class. They are not classified by material composition.
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 and 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.
018 Curried skins
Curried skins are animal skins that
have been treated, especially by incorporating oil or grease (e.g., tanned
leather, etc.).
030 Curry [spice mixture only]
Finished curry dishes
that contain meats and/or vegetables are in Class 29.
021 Currycombs
Currycombs are hand-operated utensils,
similar to brushes, for grooming horses.
020 Curtain rings
All curtain rings are in Class 20
regardless of material composition.
020 Curtain tie-backs in the nature of non-textile curtain
holders
Curtain tie-backs in the nature of textile curtain holders
are in Class 24. This distinction is based on the 9th edition of the Nice
Agreement and the alphabetical list.
024 Curtain tie-backs in the nature of textile curtain
holders
06-28-2007 Original entry; 07-29-2010 Inserted the wording
“in the nature of textile curtain holders” to distinguish the goods from
“Curtain tie-backs in the nature of non-textile curtain holders” in Class 20.
This distinction is based on the 9th Edition of the Nice Agreement and the
Nice Alphabetical List.
022 Cushioning not of rubber, plastic or paper in the nature
of stuffing
On 08-01-2013, this 08-03-2001 entry was amended from
“Cushioning not of rubber or plastic in the nature of stuffing” to also
exclude “paper.” Padding and stuffing materials are classified by material
composition, e.g., of paper in Class 16, of plastics and rubber in Class 17,
and not of paper, plastic or rubber in Class 22.
016 Cushioning or padding made of paper for packing
purposes
08-01-2013: Padding and stuffing materials are classified by
material composition, e.g., of paper in Class 16, of plastics and rubber in
Class 17, and not of paper, plastic or rubber in Class 22
030 Custard
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
041 Custom art drawing for others
02-11-2016: These
services are classified in Class 41 because they involve the presentation of
works of visual art to the public to entertain or engage the attention of
people, or for cultural or educational purposes, pursuant to the Class 41
Explanatory Note.
041 Custom art sketching for others
02-11-2016: These
services are classified in Class 41 because they involve the presentation of
works of visual art to the public to entertain or engage the attention of
people, or for cultural or educational purposes, pursuant to the Class 41
Explanatory Note.
041 Custom artwork painting of propane tanks for others
02-11-2016: Custom artwork painting for others is acceptable; further
specification is also acceptable, but it is not required.
040 Custom cake decorating services
These services
were transferred to Class 40 due to the restructuring of Class 42 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 clothing alteration
On 01-01-2015, this
04-02-1991 entry was amended to add “custom” in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Custom
clothing alteration involves making clothing to the order or specification of
others. Repair of clothing is classified in Class 37.
040 Custom imprinting of {indicate items, e.g., clothing,
glassware, pens, etc.} [This is a printing service; it should not be used to
identify the specific items, e.g., T-shirts, which are goods in Class 25, or
pens, which are goods in Class 16.]
02-11-2016: Printing is in the
Nice Alphabetical List in Class 40.
040 Custom imprinting of {indicate specific items, e.g.,
clothing} with messages [This is a printing service; it should not be used to
identify the specific items, e.g., T-shirts, which are goods in Class 25.]
On 04-28-2011 - This entry was added to complement the already existing
entries by providing for the imprinting of messages on various products.
10-03-2013 - Entry status changed from “A” to “X” to indicate that it is an
example of acceptable wording. 02-11-2016 - Printing is in the Nice
Alphabetical List in Class 40.
040 Custom imprinting of {indicate specific items, e.g.,
clothing} with decorative designs [This is a printing service; it should not
be used to identify the specific items, e.g., T-shirts, which are goods in
Class 25.]
01-01-2002 - These services were transferred to Class 40
due to the restructuring of Class 42 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. 09-13-2007 - This language
covers the SERVICE of imprinting designs on the goods of others; it does not
cover the goods themselves with the imprinting on them. 02-11-2016 - Printing
is in the Nice Alphabetical List in Class 40.
040 Custom manufacture of modular components for modular
buildings
Construction of modular buildings is in Class 37.
040 Custom manufacture of transportable buildings
Building construction services and construction of other permanent structures,
which are not goods in trade, is classified in Class 37. However,
transportable buildings are considered goods in trade, and custom
manufacturing of goods in trade is in Class 40.
040 Custom manufacture of {indicate goods, e.g.,
pharmaceuticals, chemotherapy drugs, antibiotic medicines, etc.} by
pharmaceutical compounders
Pharmaceutical compounding services
encompass the making of individual prescriptions specially formulated for
individual patients according to instructions from a physician. However, some
pharmaceutical compounders manufacture drugs on a larger scale, and this
activity is more accurately described as custom manufacturing in Class 40.
040 Custom manufacturing of prosthetics
6-12-08 -
“and fitting” was deleted from the ID. Fitting of prostheses is in Class
44.
041 Custom painting of artwork for others
02-11-2016:
These services are classified in Class 41 because they involve the
presentation of works of visual art to the public to entertain or engage the
attention of people, or for cultural or educational purposes, pursuant to the
Class 41 Explanatory Note. Painting services in Class 37, on the other hand,
encompass property maintenance-type activities.
041 Custom painting of artwork on {specify, e.g., clothing,
bags, pottery, etc.} for others
These services are classified in
Class 41 because they involve the presentation of works of visual art to the
public to entertain or engage the attention of people, or for cultural or
educational purposes, pursuant to the Class 41 Explanatory Note. Painting
services in Class 37, on the other hand, encompass property maintenance-type
activities. Custom artwork painting for others is acceptable; further
specification is also acceptable, but it is not required.
041 Custom painting of artwork in the nature of {indicate,
e.g., portraits, designs, etc.} on {specify, e.g., clothing, bags, pottery,
etc.} for others
These services are classified in Class 41 because
they involve the presentation of works of visual art to the public to
entertain or engage the attention of people, or for cultural or educational
purposes, pursuant to the Class 41 Explanatory Note. Painting services in
Class 37, on the other hand, encompass property maintenance-type activities.
Custom artwork painting for others is acceptable; further specification is
also acceptable, but it is not required.
037 Custom painting of designs or text on clothing and
bags
On 02-11-2016, this 12-10-2009 entry was deleted because it
appears to encompass custom painting of artwork, which is classified in Class
41, rather than property maintenance-type painting services in Class 37, but
it is unclear. This ID is no longer acceptable in Class 37 or Class 41.
041 Custom painting of decorative artwork on house interiors
for others
Custom artwork painting for others is acceptable; further
specification is also acceptable, but it is not required.
037 Custom shipbuilding
This service is in Class 37
because it is similar to building construction. Construction of smaller
vessels such as boats or yachts are considered custom manufacturing services
in Class 40 and should be worded as such.
040 Custom tailoring
On 01-01-2015, this 04-02-1991
entry was amended to add “custom” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015. Custom tailoring involves
making clothing to the order or specification of others. Repair of clothing
is classified in Class 37.
040 Custom tailoring or dressmaking
On 01-01-2015,
this 07-20-2004 entry was amended to add “custom” in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Custom
tailoring or dressmaking involves making clothing to the order or
specification of others. Repair of clothing is classified in Class 37.
040 Custom tailoring services
On 01-01-2015, this
10-08-2009 entry was amended to add “custom” in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Custom
clothing alteration involves making clothing to the order or specification of
others. Repair of clothing is classified in Class 37.
041 Custom writing services for non-advertising purposes
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 and other intellectually creative services were transferred to Class 41
as a result of the restructuring. On 4-18-2013, this 1-1-2002 entry was
amended from “Custom writing services” to “Custom writing services for
non-advertising purposes” to make clear that these services are not classified
in Class 35. 01-01-2016: On 01-01-2016, this 04-18-2013 entry was deleted in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “Custom writing services for
non-advertising purposes” is overly broad because it could encompass services
in multiple classes. For example, personal letter writing is classified in
Class 45 and technical writing is classified in Class 42. Please consult the
Manual for examples of specific custom writing services.
035 Customer service in the field of retail store services
On 3-24-2011, the 3-5-2009 entry was deleted, because it has proven to be
too broad under USPTO standards for specificity required for a recitation of
services of this type.
035 Customer services, namely, responding to customers
inquiries for others in the field of {indicate specific field} via telephone
or other electronic means
On 3-24-2011, the 3-13-2008 entry was
amended from “Customer services, providing customer service and product
inquiry services via telephone and e-mail for others” to “Customer services,
namely, responding to customers inquiries for others in the field of{indicate
specific field} via telephone or other electronic means” for clarity.
035 Customer services, namely, responding to customers
inquiries for others in the field of {indicate specific field}
On
3-24-2011, the 6-1-2001 entry was modified from “Customer service in the field
of {indicate field}” to “Customer services, namely, responding to customers
inquiries for others in the field of {indicate specific field}.” Customer
service means providing assistance to customers when they have a business
problem or concern. It does not mean providing services to customers that
should be classified in other classes, e.g., hosting a website is in Class
42.
042 Customization of computer hardware and software
11-24-11: Deleted 10-01-2002 entry because it is partially misclassified and
replaced it with “Customizing computer hardware” in Class 37 and “Customizing
computer software” in Class 42. The service of customizing goods to the
specification of others is generally classified according to the nature of the
activity underlying the customization. For example, customization of computer
software is in Class 42 because the activity underlying the customization is
computer programming in Class 42. In other words, the applicant has to
re-program the software so that it meets the customer's criteria. On the other
hand, customization of hardware is in Class 37 because the activities
underlying the customization are upgrading and modification in 37.
Customization usually involves repair and maintenance of existing finished
goods, while custom manufacturing of goods involves transforming unfinished or
semi-finished goods into finished goods.
028 Customized dolls having a face in the form of a particular
adolescent who has unexpectedly or tragically died
06-20-2013: Status
changed from “A”-Added to “X”-Example.
040 Customized imprinting of company names and logos on the
goods of others, namely, on promotional merchandise, apparel and corporate
gifts [This is a printing service; it should not be used to identify the
specific items, e.g., apparel or giftware, which are goods in other
classes.]
11-17-2011: While this wording is still acceptable, the
04-10-2008 entry is being deleted because it is covered by the existing entry
“Customized printing of company names and logos for promotional and
advertising purposes on the goods of others” in Class 40. 09-26-2013:
Acceptable entry status changed from “D” deleted to “X” example.
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 42
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.
042 Customized software development in the field of traffic
and transportation
11-24-11: While this wording is still acceptable,
the 05-28-2009 entry is being deleted from the Manual because it is covered by
the new entry “Developing customized software in the field of {indicate field,
e.g., traffic and transportation management, etc.} for others” in Class 42.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Customizing computer software by {indicate customization
details, e.g., adding custom fields and deadline alerts, etc.}
Customizing computer software is acceptable wording; further specification is
acceptable, but it is not required.
042 Customizing computer software
The service of
customizing goods to the specification of others is generally classified
according to the nature of the activity underlying the customization. For
example, customization of computer software is in Class 42 because the
activity underlying the customization is computer programming in Class 42.
Customization usually involves repair and maintenance of existing finished
goods, while custom manufacturing of goods involves transforming unfinished or
semi-finished goods into finished goods.
037 Customizing computer hardware
The service of
customizing goods to the specification of others is generally classified
according to the nature of the activity underlying the customization. For
example, customization of computer software is in Class 42 because the
activity underlying the customization is computer programming in Class 42. On
the other hand, customization of hardware is in Class 37 because the
activities underlying the customization are upgrading and modification in 37.
Customization usually involves repair and maintenance of existing finished
goods, while custom manufacturing of goods involves transforming unfinished or
semi-finished goods into finished goods.
037 Customizing sports equipment, namely, {indicate type,
e.g., tennis rackets, golf clubs, etc.}
The service of customizing
goods to the specification of others is generally classified according to the
nature of the activity underlying the customization. Customization usually
involves repair and maintenance of existing finished goods, while custom
manufacturing of goods involves transforming unfinished or semi-finished goods
into finished goods.
037 Customizing machines, namely, {indicate type, e.g.,
engraving machines, milling machines, etc.}
The service of
customizing goods to the specification of others is generally classified
according to the nature of the activity underlying the customization. For
example, customization of computer software is in Class 42 because the
activity underlying the customization is computer programming in Class 42. On
the other hand, customization of automobiles is in Class 37 because the
activities underlying the customization are vehicle maintenance and
modification in 37. Customization usually involves repair and maintenance of
existing finished goods, while custom manufacturing of goods involves
transforming unfinished or semi-finished goods into finished goods.
036 Customs brokerage
On 01-01-2016, this 04-02-1991
entry was deleted in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Under Nice 10-2016, the Nice Alphabetical
List entry “customs brokerage” was changed to “financial customs brokerage
services.” Under Nice 10-2016, “customs brokerage” is overly broad because the
services are not clearly limited to financial services in Class 36.
003 Cuticle cream
These refer to non-medicated
creams. Medicated creams are in Class 5.
008 Cutlery of precious metals
Cutlery is an
acceptable identification in Class 8 without reference to material content.
However, identification of material composition may be required during
examination of marks that feature such terminology. See TMEP §1203.02(f)(i)
for further information.
007 Cutting blow pipes, gas-operated
Cutting blow
pipes, gas-operated is an entry in the Nice Alphabetical List of Goods.
004 Cutting fluids
01-03-13: Cutting fluid is a type
of coolant and lubricant designed specifically for metalworking and machining
processes. These goods are classified in Class 4 in the Nice Alphabetical List
because they are typically comprised of oils and function, at least in part,
as lubricants.
007 Cutting machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Cutting machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
029 Cuttlefish, not live
On 1-31-2013, the 8-4-2011
entry “Cuttlefish [not live]” was modified to incorporate the bracketed
wording into the identification. Live cuttlefish are classified in Class
31.
005 Cytostatics for pharmaceutical purposes
Cytostatics are agents used to inhibit cell growth and division.
019 Dado rails
These goods are pieces of decorative
wood fixed above the floor along the walls of a room.
044 Dairy farming services
To be a service, an
activity must be primarily for the benefit of someone other than the
applicant. TMEP §1301.01(a)(ii). Therefore, operating a wheat farm, for
example, for the purpose of growing, harvesting, and selling wheat for further
manufacture, is not a considered wheat farming service under the Trademark Act
because, although the manufacturers derive an incidental benefit, the farming
activities primarily benefit the farmer. Farming activities must be rendered
for others to be considered a service within the meaning of the Trademark
Act.
009 Daisy wheel printers
01-01-2016: Daisy wheel
printers are typically used for printing documents. In contrast, 3D printers
are additive manufacturing machines that create or build three-dimensional
solid objects by laying down successive layers of material, and thus, are
classified as “machines” which is in the Class Heading for Class 7.
024 Damask
06-04-2015: Damask is a thick usually
shiny cloth that has patterns woven into it.
015 Dampers for musical instruments
Dampers are used
to modify the sounds of musical instruments by diminishing the vibrations of
strings or softening the tone of brass instruments.
044 Dance movement therapy for {indicate group or individual,
e.g., children, veterans, caregivers, etc.}
Dance movement therapy is
acceptable wording in Class 44; further specification as to the particular
group or individual receiving the therapy is acceptable, but it is not
required.
028 Dart point sharpeners
08-14-2014 - Dart point
sharpeners are classified in Class 28 as game equipment. Although sharpening
instruments are generally classified in Class 8, dart point sharpeners are
classified as game equipment because they are for use by the players in the
course of playing the game of darts.
038 Data and voice telecommunications
The language of
this entry is too broad; it encompasses all telecommunication activities.
042 Data mining
This is a search and analysis
service. It involves looking for data on user defined topics and analyzing
that data as requested by the user.
035 Data processing services in the field of {specify field or
industry, e.g., healthcare, transportation, payroll, etc.} [this does not
include payment or claims processing]
Data processing is an
acceptable identification; further clarifying the particular field is
permissible but not required. However, processing of payments or claims
(e.g., insurance claims processing, and credit card payment processing
services) are Class 36 services.
009 Data synchronization cables
Data synchronization
cables are used to synchronize data stored on two devices - usually a computer
and a small mobile device, such as a smartphone or personal digital
assistant.
042 Data warehousing
Data warehousing is not a
storage service. It is used to refer to the programming 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 of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
045 Dating services, namely, providing an on-line computer
database featuring single people interested in meeting other single people
09-05-2013: Entry status changed from “A” added to “X” example.
043 Day-care centres [day-nurseries]
On 10-6-2011,
this 01-08-2009 entry was deleted because, although acceptable, it is too
similar to existing entry for “Providing day care centers.” 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
036 Debit card services
On 01-01-2016, this
04-02-1991 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit card
services, debit card services, or other payment card services are indefinite
and overly broad because the nature of the activity provided is unclear. The
common name of the activity provided in connection with credit cards, debit
cards, or the like should be specified, e.g., processing of credit card
payments, in Class 36.
036 Debt collection agency services
On 01-01-2016,
this 11-22-2007 entry was amended from “Debt collection agencies” to “Debt
collection agency services” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
028 Deck grips for sports equipment boards, namely, {specify,
e.g., surfboards, body boards, paddleboards, etc.}
On 01-01-2016,
this 12-20-2012 entry was modified to replace “paddle boards” with
“paddleboards” in order to align the spelling of the term with other Manual
entries.
009 Decontamination showers
Decontamination showers
are classified in Class 9 as life-saving apparatus.
009 Decorative and fanciful items for covering of, and for use
in connection with protective helmets, excluding stickers
4-22-10 -
“excluding stickers” was added to the 7/1/04 entry. Decorative stickers for
helmets are in Class 16 with other stickers. There is an entry for that item
in Class 16. These items are more in the nature of 3-dimensional decorations
that are affixed to helmets.
026 Decorative backpack charms
Decorative backpack
charms are classified in Class 26 because the goods are similar in function to
passementerie, which is in the Nice Alphabetical List in Class 26.
Passementerie is ornamental trimming made of braid, beading, or similar
materials.
014 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. 10-29-09 - The 1-1-07 transfer of these goods
to Class 6 was incorrect. The Nice Alphabetical List has precious metal boxes
in Class 14. Therefore, these goods have been transferred to Class 14.
006 Decorative boxes made of non-precious metal
11-12-09 - the 4-2-91 entry “metal decorative boxes” was changed to
“decorative boxes made of non-precious metal.” Decorative boxes made of
precious metal are in IC 14 and the 4-2-91 wording could have included the
precious metal boxes also.
002 Decorative coating for masonry blocks and monolithic
walls, namely, coatings comprised of cement synthetic plasters
10-03-2013: Entry status changed from “A” added to “X” example.
020 Decorative crosses made of {indicate bone, ivory, plaster,
plastic, wax, wood}
On 05-28-2015, this 10-04-2012 entry was amended
to replace “wood” with “{indicate bone, ivory, plaster, plastic, wax, wood}”
in order to provide a broader entry.
019 Decorative glass for building
On 11-12-2015, this
07-20-2004 entry was modified to incorporate the bracketed wording “[for
building]” into the identification in order to clarify the purpose of the
goods.
021 Decorative glass, not for building
On 01-01-2016,
this 07-20-2004 entry was modified from “Decorative glass [not for building]”
to “Decorative glass, not for building” to clarify the purpose of the goods
and the justification for classification in Class 21. Decorative glass for
building is classified in Class 19.
011 Decorative grills made of non-metal non-combustible
materials for use in decorating evacuation ducts, air inlets, and hot air
outlets of fireplaces
09-13-2012: These goods are in Class 11 because
they are closely related to heating apparatus.
019 Decorative hearth extensions in the nature of fireproof
tiles made of non-metal, non-combustible materials used to decorate and
protect the floor surface immediately in front of fireplaces
On
09-13-2013, this 09-30-2010 entry was modified by inserting “non-metal” into
the ID to make clear the justification for classifying these goods in Class 19
as non-metal building materials.
037 Decorative interior house painting services
House
painting is acceptable wording; further specification is also acceptable, but
it is not required.
026 Decorative novelty tacks for pinning drapery or clothing
to aid in making alterations
10-03-2013: Entry status changed from
“A” added to “X” example.
037 Decorative painting services
On 02-11-2016, this
02-05-2009 entry was deleted because it is indefinite and overbroad and may
include interior house painting services in Class 37 and custom painting of
artwork for others in Class 41. This ID is no longer acceptable.
003 Decorative transfers for use as cosmetics
“Decorative transfers for use as cosmetics” include items such as body art
stickers, temporary tattoo transfers, and self-adhesive body jewels applied to
the skin for beautification or improvement of one's appearance. Decalcomanias
and transfers in the nature of temporary or removable tattoos are classified
in Class 16 when not for use as cosmetics.
020 Decorative wall plaques
9/25/08 This item was
deleted pursuant to the 9th edition of the Nice Agreement in which plaques
without any language identifying their material composition were deleted. Now
plaques are classified according to their material composition.
011 Deep fat fryers
01-17-13: These goods are in the
nature of electric or gas powered cooking appliances. Because these goods are
generally powered by electricity or some other source, applicants are not
required to say “Electric” or “Gas-powered.” Non-electric deep fryers are
classified in Class 21 as cooking utensils, however, and applicants are
required to say “Non-electric,” if accurate.
001 Defoliants
These goods were transferred from
Class 5 because they are in the Nice Agreement in Class 1
003 Degreaser [or degreasing preparations] for use on
[indicate specific type of surface or field of use, e.g., floors, automotive
engines, industrial 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 Degreasing preparations [not
used in manufacturing processes] for use on [indicate specific type of surface
or field of use] in Class 3 were added in its place.
007 Degreasing machines for use on {indicate specific type of
surface or field of use}
5-14-09 - “Degreasers [machines]” in 3/15/93
entry changed to “Degreasing machines” to avoid confusion with Class 3
degreaser preparations since the ID would appear in a TEAS Plus application
without the bracketed word “machines.”
011 Dehumidifiers for household purposes
On
04-19-2012, this 07-20-2004 entry was deleted from the Manual because it is
already covered by the existing entry “Dehumidifiers” in Class 11; this
wording is still acceptable, however. 10-24-2013: Acceptable entry status
changed from “D” deleted to “X” example. Entry modified to remove square
brackets around “for household purposes.” While the use may be indicated, it
is not required.
001 Deinked pulp
Deinked pulp is the raw material
that remains after the ink is removed from the pulp fibers as part of the
paper recycling process. Deinked pulp is used for further manufacture of
recycled paper.
043 Delicatessen services [restaurants]
This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
039 Delivery of {indicate goods, e.g., coffee, chocolate,
etc.} to club members on a periodic basis
These services are
classified in Class 39 because the primary purpose of the service is the
delivery of goods for others. In this case, the service providers are making
the physical delivery of the goods to the consumers. On 02-21-2013, this
02-14-2013 entry, “{Indicate theme, e.g., Coffee, wine, etc.} club services
featuring periodic shipments of {indicate goods, e.g., coffee, wine, etc.} to
members” was changed to the current wording to make clear the nature of the
services actually rendered by the service providers.
039 Delivery of cigars to cigar club members on a periodic
basis
On 02-21-2013, the 03-19-2009 entry was changed from “Cigar
club services featuring periodic shipments of cigars to members” to “Delivery
of cigars to cigar club members on a periodic basis” to make clear the nature
of the services actually rendered by the service providers.
039 Delivery of food by restaurants
07-09-2015: These
services are classified in Class 39 because “Delivery of food” is listed first
as the primary service. The means by which the goods are delivered is
secondary in this case.
039 Delivery of gift baskets with selected items regarding a
particular occasion or theme
08-01-2013: Acceptable entry status
changed from “A” added to “X” example.
039 Delivery of messages by courier
On 07-09-2015,
this 01-08-2009 entry of “Delivery of messages [courier]” was amended to
“Delivery of messages by courier,” for clarity.
038 Delivery of personalized greeting cards to others via
electronic mail
On 07-24-2014, this 10-01-2004 entry was deleted
because it was causing confusion as to what the services entailed. Providing
temporary use of non-downloadable software for selecting electronic cards,
personalizing them with users own messages and sending them via e-mail is
classified in Class 42.
039 Delivery of wine to wine club members on a periodic
basis
On 02-21-2013, the 04-19-2007 entry was changed from “Wine club
services featuring periodic shipments of wine to members” to “Delivery of wine
to wine club members on a periodic basis” to make clear the nature of the
services actually rendered by the service providers.
021 Demijohns
Demijohns are large, narrow-necked
bottles commonly used for transporting bulk fluids, such as water.
040 Demolition services, not buildings
Destruction of
objects is a material alteration of that object; therefore, it is
appropriately classified in Class 40. Demolition of buildings is in Class 37.
On 01-17-2013, the 01-01-2002 entry was modified by deleting the brackets
around the wording “not buildings” making this wording a part of the ID and
making clear the nature of the services.
010 Dental burs
Dental burs are instruments for
cutting hard tissue, such as tooth or bone.
044 Dental consultations provided via {specify, e.g.,
telephone, the internet, etc.}
“Dental consultations” is acceptable
wording; further specification of the mode by which the consultations are
provided is acceptable, but it is not required.
044 Dental hygienist services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
010 Dental implants [made of artificial materials]
Note added on 3-21-2013 - A dental implant is an artificial tooth that is
anchored in the gums or jawbone to replace a missing tooth.
040 Dental laboratories
This service was transferred
from Class 42 to Class 40 because a dental laboratory is an enterprise that
makes false teeth. Therefore, it is appropriately classified 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.
005 Dental rinse
On 07-05-2012, this 04-02-1991 entry
“dental rinse” was deleted. The identification must indicate whether the
dental rinses are medicated or non-medicated for classification in Classes 5
and 3 respectively.
003 Dentifrice
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
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.
044 Dentistry services
On 01-01-2016, this 07-20-2004
entry was amended from “Dentistry” to “Dentistry services” in compliance with
the Nice Classification, Tenth edition, version 2016, effective
01-01-2016.
044 Dentistry services in the field of {specify, e.g., teeth
whitening, oral surgery, TMJ treatment, etc.}
“Dentistry” is an
acceptable identification; further specifying the practice specialty is
acceptable, but it is not required.
003 Deodorant for personal use
Note that household,
room and other deodorants not used on the body are in Class 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 personal use or combined
with an antiperspirant.
003 Deodorants and antiperspirants for personal use
Note that household, room and other deodorants not used on the body are in
Class 5.
003 Deodorants for animals
Note that household, room
and other deodorants not used on the body (human or animal) are in Class
5.
003 Deodorants for body care
Note that household,
room and other deodorants not used on the body are in Class 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 Class 5.
005 Deodorizers for {indicate goods, e.g., automobiles,
carpet, shoes, household pet litter boxes, etc.} [not for personal use]
Note that deodorants and deodorizers for personal use (use on the body of
humans or animals) are in Class 3.
003 Depilatory creams
These refer to non-medicated
creams. Medicated creams are in Class 5.
CLASS DESCRIPTIONS
NOTES
042 Design and development of networks
05-26-11:
Deleted the 07-20-2004 entry because “networks” has multiple meanings and
therefore, the identification is indefinite.
042 Design and development of computer-modeled versions of
human beings using computer animation for use in movies, television, internet
and other applications
04-14-2011: Deleted the 08-21-2008 entry
because it is covered by the existing Manual entries “Computer graphics design
services, namely, creating of {indicate specific computer graphics being
designed, e.g., 3D computer models, animations, etc.}” and “Animation design
for others” On 07-04-2013, the 08-21-2008 entry was modified by replacing
“creation” with “development” for clarity, and the status of this entry was
changed from “D” “ Deleted to “X” “ Example to indicate that it is an example
of acceptable wording under current USPTO policy.
042 Design and development of computer-modeled versions of
human beings using computer animation for use in movies, television, internet,
games and other applications
04-14-2011: Deleted the 08-28-2008 entry
because it is covered by the existing Manual entries “Computer graphics design
services, namely, creating of {indicate specific computer graphics being
designed, e.g., 3D computer models, animations, etc.}” and “Animation design
for others” On 07-04-2013, the 08-28-2008 entry was modified by replacing
“creation” with “development” for clarity, and the status of this entry was
changed from “D” “ Deleted to “X” “ Example to indicate that it is an example
of acceptable wording under current USPTO policy.
042 Design and development of information and databases
This language has proved too broad for continued acceptance in the
USPTO.
042 Design and development of software and hardware for signal
amplification and transmission
05-26-11: Deleted the 06-18-2009 entry
because this classification principle is already covered by the following,
existing entry on the Trilateral Partners Approved List, “Design and
development of computer hardware and software”. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Design and development of software and hardware for
producing, recording and processing digital and analogue signals
05-26-11: Deleted the 06-18-2009 entry because this classification principle
is already covered by the following, existing entry on the Trilateral Partners
Approved List, “Design and development of computer hardware and software”.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Design and development of software and hardware for
processing and distribution of multimedia contents
05-26-11: Deleted
the 05-21-2009 entry because this classification principle is already covered
by the following, existing entry on the Trilateral Partners Approved List,
“Design and development of computer hardware and software”. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
042 Design and development of software and hardware for
multimedia data storing and recalling
05-26-11: Deleted the
05-21-2009 entry because this classification principle is already covered by
the following, existing entry on the Trilateral Partners Approved List,
“Design and development of computer hardware and software”. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
042 Design and development of software and hardware for
digital signal processing
05-26-11: Deleted the 05-21-2009 entry
because this classification principle is already covered by the following,
existing entry on the Trilateral Partners Approved List, “Design and
development of computer hardware and software”. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Design and development of software and hardware for data
and multimedia content conversion from and to different protocols
05-26-11: Deleted the 05-21-2009 entry because this classification principle
is already covered by the following, existing entry on the Trilateral Partners
Approved List, “Design and development of computer hardware and software”.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Design and development of software and hardware for
compression and decompression of multimedia contents
05-26-11:
Deleted the 05-21-2009 entry because this classification principle is already
covered by the following, existing entry on the Trilateral Partners Approved
List, “Design and development of computer hardware and software”. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
042 Design and development of software and hardware for audio
and video operators
05-26-11: Deleted the 05-21-2009 entry because
this classification principle is already covered by the following, existing
entry on the Trilateral Partners Approved List, “Design and development of
computer hardware and software”. 08-29-2013: Acceptable entry status changed
from “D” deleted to “X” example.
042 Design and development of {indicate tangible item(s) or
visual display(s), e.g., machinery, computer software, graphic arts, etc.}
[Landscape design, garden design, and golf course design are exceptions -
those services are in Class 44]
Design and development of tangible
goods and visual displays is in Class 42, but design of intangible goods, such
as advertising, insurance policies, and educational curriculum, are classified
according to subject matter, and those services are classified in 35, 36, and
41, respectively.
042 Design and development and consulting services related
thereto in the field of custom home theatre audio and visual systems
On 5-5-2011, this 3-5-2009 ID was deleted and replaced with a
fill-in-the-blank entry. Design and development of tangible goods and visual
displays is in Class 42, but design of intangible goods, such as advertising,
insurance policies, and educational curriculum, are classified according to
subject matter, and those services are classified in 35, 36 and 41,
respectively.
036 Design and development of insurance policies for
others
Design and development of tangible goods and visual displays
is in Class 42, but design of intangible goods, such as advertising, insurance
policies, and educational curriculum, are classified according to subject
matter, and those services are classified in 35, 36, and 41, respectively.
035 Design and production of the advertising content of
banners and signs for advertising, promotional, or marketing purposes
On 09-26-2013, the 07-25-2013 entry “Design and production of banners and
signs for advertising, promotional, or marketing purposes” was amended to
“Design and production of the advertising content of banners and signs for
advertising, promotional, or marketing purposes” in order to clarify that the
services involve designing the intangible advertising content and not
designing tangible paper goods or providing graphic design services. Design
and development of tangible goods and visual displays is in Class 42, but
design of intangible goods, such as advertising, insurance policies, and
educational curriculum, are classified according to subject matter, and those
services are classified in 35, 36, and 41, respectively. Graphic design
services are classified in Class 42.
042 Design for others in the field of {specify tangible
item(s) or visual display(s), e.g., machinery, computer software, graphic
arts, etc.} [Landscape design, garden design, and golf course design are
exceptions - those services are in Class 44]
This does not include
design of advertising or marketing materials which are in Class 35.
05-26-2011: Amended the 4-2-1991 entry by changing the bracketed portion
{“indicate specific field, e.g., computers, engineering, clothing} to
“{specify tangible item(s) or visual display(s), e.g., machinery, computer
software, graphic arts, etc.} [Landscape design, garden design, and golf
course design are exceptions - those services are in Class 44]” to make clear
that design of tangible goods and visual displays is in Class 42, but design
of intangible goods, such as advertising (35), insurance policies (36), and
educational curriculum (41), are classified according to subject matter.
035 Design of advertising materials for others
05-12-2011 Design and development of tangible goods and visual displays is in
Class 42, but design of intangible goods, such as advertising, insurance
policies, and educational curriculum, are classified according to subject
matter, and those services are classified in Classes 35, 36, and 41,
respectively.
035 Design of business surveys
Design and development
of tangible goods and visual displays is in Class 42, but design of intangible
goods, such as advertising, insurance policies, and educational curriculum,
are classified according to subject matter, and those services are classified
in 35, 36, and 41, respectively.
042 Design of computer databases
On 04-02-2015, the
12-03-2009 entry, “Design of computer database” was amended to “Design of
computer databases” to match the TM5 approved entry.
042 Design of custom paintings
On 06-05-2014, this
09-14-2006 entry was deleted because it was causing confusion. Custom
painting of artwork for others is classified in Class 41.
042 Design of geological surveys
Design and
development of tangible goods and visual displays is in Class 42, but design
of intangible goods, such as advertising, insurance policies, and educational
curriculum, are classified according to subject matter, and those services are
classified in 35, 36, and 41, respectively.
035 Design of internet advertising
05-12-2011 Design
and development of tangible goods and visual displays is in Class 42, but
design of intangible goods, such as advertising, insurance policies, and
educational curriculum, are classified according to subject matter, and those
services are classified in Classes 35, 36, and 41, respectively.
042 Design of land surveys
Design and development of
tangible goods and visual displays is in Class 42, but design of intangible
goods, such as advertising, insurance policies, and educational curriculum,
are classified according to subject matter, and those services are classified
in 35, 36, and 41, respectively.
035 Design of marketing surveys
Design and
development of tangible goods and visual displays is in Class 42, but design
of intangible goods, such as advertising, insurance policies, and educational
curriculum, are classified according to subject matter, and those services are
classified in 35, 36, and 41, respectively.
042 Design of oil-field surveys
Design and
development of tangible goods and visual displays is in Class 42, but design
of intangible goods, such as advertising, insurance policies, and educational
curriculum, are classified according to subject matter, and those services are
classified in 35, 36, and 41, respectively.
035 Design of public opinion surveys
Design and
development of tangible goods and visual displays is in Class 42, but design
of intangible goods, such as advertising, insurance policies, and educational
curriculum, are classified according to subject matter, and those services are
classified in 35, 36, and 41, respectively.
035 Design of the advertising content of flyers for others
05-12-2011 Design and development of tangible goods and visual displays
is in Class 42, but design of intangible goods, such as advertising, insurance
policies, and educational curriculum, are classified according to subject
matter, and those services are classified in 35, 36, and 41, respectively. On
09-26-2013, the 09-13-2007 entry “Design of advertising flyers for others” was
amended to “Design of the advertising content of flyers for others” in order
to clarify that the services involve designing the intangible advertising
content and not designing tangible paper goods or providing graphic design
services. Graphic design services are classified in Class 42.
035 Design of the advertising content of brochures for
others
6-18-09 - Class of 2-12-09 entry changed from Class 42 to be
consistent with entries for design of other advertising materials in Class 35.
05-12-2011 Design and development of tangible goods and visual displays is in
Class 42, but design of intangible goods, such as advertising, insurance
policies, and educational curriculum, are classified according to subject
matter, and those services are classified in 35, 36, and 41, respectively. On
09-26-2013, the entry “Design of advertising brochures for others” was amended
to “Design of the advertising content of brochures for others” in order to
clarify that the services involve designing the intangible advertising content
and not designing tangible paper goods or providing graphic design services.
Graphic design services are classified in Class 42.
040 Design printing for others
These services were
transferred to Class 40 due to the restructuring of Class 42 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.
042 Design, creation, hosting, maintenance of websites for
others
01-09-2014: “Design, creation, hosting, maintenance of
websites for others” is an acceptable identification in Class 42. While the
type of websites may be indicated, it is not required.
042 Design, development and consulting services in the field
of software for content management
On 5-5-2011, this 5-21-2009 ID was
deleted and replaced with a fill-in-the-blank entry. Design and development of
tangible goods and visual displays is in Class 42, but design of intangible
goods, such as advertising, insurance policies, and educational curriculum,
are classified according to subject matter, and those services are classified
in 35, 36 and 41, respectively.
042 Design, development, and consulting services related
thereto in the field of {specify tangible item(s) or visual display(s) being
designed and developed, e.g., machinery, computer software, graphic arts,
etc.} [Landscape design, garden design, and golf course design are exceptions
- those services are in Class 44]
On 5-5-2011, this 10-4-2007 ID was
amended from “Design, development, and consulting services related thereto in
the field of home and workplace automation hardware and software” to a
fill-in-the-blank entry. Design and development of tangible goods and visual
displays is in Class 42, but design of intangible goods, such as advertising,
insurance policies, and educational curriculum, are classified according to
subject matter, and those services are classified in 35, 36 and 41,
respectively.
042 Designing {indicate tangible item(s) or visual display(s),
e.g., machinery, computer software, graphic arts, etc.} [Landscape design,
garden design, and golf course design are exceptions - those services are in
Class 44]
Design and development of tangible goods and visual
displays is in Class 42, but design of intangible goods, such as advertising,
insurance policies, and educational curriculum, are classified according to
subject matter, and those services are classified in 35, 36, and 41,
respectively.
042 Designing and creating web sites for others
On
05-14-2015, the 12-03-2009 entry, “Design and creating web sites for others”
was amended to “Designing and creating web sites for others” to match the TM5
approved entry.
042 Designing and developing websites in the field of
{specify, e.g., sports, marketing, etc.} for {indicate consumers, e.g.,
professional sports teams, advertising agencies, etc.}
Website design
and development for others is acceptable; further specification of the field
or particular consumer is acceptable, but it is not required.
042 Designing and developing websites in the field of
{specify, e.g., sports, marketing, etc.} for others
Website design
and development for others” is an acceptable identification; further
specification of the field of the website is acceptable, but it is not
required.
042 Designing, creating, maintaining and hosting online retail
and electronic commerce websites for others
04-14-2011: Deleted the
10-25-2010 entry and replaced it with the new entry “Designing, creating,
maintaining, and hosting {indicate type of website, e.g., electronic commerce,
etc.} websites for others” 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example. 01-01-2014: Designing, creating, maintaining and
hosting websites for others is an acceptable identification in Class 42.
While the type of websites may be indicated, it is not required.
042 Designing, creating, maintaining, and hosting {indicate
type of website, e.g., electronic commerce, etc.} websites for others
01-01-2014: Entry status changed from “A” added to “X” example. “Design,
creation, hosting, maintenance of websites for others” is acceptable wording
in Class 42; while the type of websites may be indicated, it is not
required.
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 implemented in the 8th edition of the Nice Agreement.
021 Desktop statuary made of {indicate china, crystal,
earthenware, glass, porcelain, terra cotta}
11-01-2005 - 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. 04-23-2015 - Terra cotta was previously
deleted from the list of materials, but has been reinserted because it is a
Class 21 figure composition in the Nice Agreement.
042 Detection of contaminants in water
On 07-04-2013,
the previously deleted entry (deleted on 03-17-2011) was modified by deleting
“Consulting in the field of environmental protection, namely” because it
created ambiguity. Additionally, the status of this entry was changed from “D”
Deleted to “X” Example to indicate that it is an example of acceptable wording
under current USPTO policy.
042 Detection of contaminants in {indicate material, e.g.
soil, waste and/or water}
“Environmental services” lead-in in
20040801 entry deleted to avoid confusion.
045 Detective agency services
01-01-2002: This entry
was transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Detective agencies” to
“Detective agency services” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
045 Detective investigations
This entry was
transferred from Class 42 to Class 45 due to the restructuring of 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 of
persons or entities. Hence, a pre-employment background investigation is in
class 45 because such investigations are done to ensure the safety of current
employees 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 purpose than
ensuring safety i.e. a business investigation, looking at the processes of
business (class 35) or a financial investigation that determines the financial
soundness of a company (class 36), or a scientific investigation (class
42).
042 Developing accreditation standards for {indicate type of
organization or nature of services, e.g., law schools, legal education
services, etc.} to the order and specification of others
This
description encompasses the technical analysis for establishing criteria,
which are later applied by accrediting bodies. This description should not be
used by accrediting bodies (unless the accreditors are performing the services
for others). This description should not be used in connection with
accreditation marks, which are used by third parties to indicate that their
services are “accredited” or approved by the accrediting body. See TMEP
§1306.06 et seq.
042 Developing and implementing customized plans for improving
computer security and preventing criminal activity for businesses and
governmental agencies
11-18-10 - The entry of 2-5-09 was amended to
add the word “computer” before the term “security” to clarify the
classification of these services. 11-17-2011: [insert date] Deleted the
11-18-2010 entry because the nature of the services in ambiguous and appears
to include services in Classes 42 and 45.
042 Developing and managing application software for delivery
of multi-media content provided by museums and other tour venues for use on
multiple types of wireless mobile devices
On 11-15-2012, this
6-4-2009 entry was modified to delete “and databases” from the identification,
because database management identifies a Class 35 service.
042 Developing customized software for others
11-17-2011: Amended the 05-01-2008 entry from “Customized software development
services” to “Developing customized software for others”.
035 Developing customized personnel management materials for
others
11-17-2011: While this wording is still acceptable, the
06-10-2010 entry is being amended from “Development of customized personnel
management materials for others, namely, development of customized employee
manuals and handbooks” to “Developing customized personnel management
materials for others” to make it more concise and useful to a broader range of
users.
041 Developing international student exchange programs
01.01.2002 - “Sponsoring, developing, and carrying out international
student exchange programs” was added to the Manual; 02.10.11 - Deleted
“Sponsoring” and “carrying out” because those terms are indefinite and because
this entry in Class 41 was frequently confused with “Administering study
abroad programs for college students” Class 35.
041 Development and dissemination of printed educational
materials of others in the field of {indicate subject matter}
On
08-22-2013, this 03-15-1993 entry was amended from “Development and
dissemination of educational materials of others in the field of {indicate
subject matter}” to insert the word, “printed,” to make clear the rationale
for classification in Class 41. This service does not include development of
software in Class 42.
042 Development of customized software for others for use in
risk assessment, information security, business analysis, audit and audit
planning, and sales management
11-17-2011: While this wording is
still acceptable, the 05-01-2008 entry is being deleted from the Manual
because it is covered by the existing entry “Developing customized software
for others” and the new entry “Developing customized software in the field of
{indicate field, e.g., traffic and transportation management, etc.} for
others” in Class 42. 20130829
035 Development of marketing strategies, concepts and tactics,
namely, audience development, brand awareness, customer relations, online
community building and digital word of mouth communications
On
5-26-2011, this 10-28-2010 entry was deleted because it is so similar to an
existing Manual entry. On 07-04-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
042 Development, updating and maintenance of software and
database systems
On 5-23-2013, the 7-20-2004 entry was modified to
replace “data bases” with “databases” in order to make the spelling of the
wording consistent among Manual entries and to provide more uniform search
results. On 01-01-2014, the 05-23-2013 entry “Development, updating and
maintenance of software and databases” was amended to “Development, updating
and maintenance of software and database systems.” “Database system” refers
collectively to the database model, database management system (a software
system designed to allow the definition, creation, querying, update, and
administration of databases), and database content.
020 Device for scratching pets and humans, namely, a glove for
scratching pets and humans
10-10-2013: Entry status changed from “A”
added to “X” example.
009 Device for testing the function and effectiveness of smoke
detectors, carbon monoxide detectors and heat detectors featuring an aerosol
spray
11-29-2012: The original entry from 07-01-2004 was reworded to
indicate the goods are a device featuring an aerosol spray to justify
classification in Class 9.
009 DIACs
DIAC is an acronym for “diode for
alternating current,” and it is the common commercial name for a diode used to
switch AC voltage.
005 Diagnostic media for bacteriological cultures
All
types of bacteriological nutritive media are in Class 5 whether they are for
medical or scientific or research use because the wording Media for
bacteriological cultures appears in the Nice Alphabetical List in Class 5.
Diagnostic media for bacteria are special mixtures of nutrient substances on
which microorganisms are grown to determine the species to which they
belong.
001 Diagnostic preparations for clinical or medical laboratory
use
Transferred from Class 5 - original entry was from 1991 when this
item was in Class 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 chemistry and microbiology
Transferred from Class 5 since
these are specifically NOT for medical use.
010 Dialyzers
Dialyzers are medical apparatus used in
kidney dialysis treatment.
014 Diamond jewelry
Jewelry is an acceptable
identification of goods in Class 14. However, identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02.(f)(i) for further information.
020 Diaper changing mats
Transferred from Class 24
following discussion at Nice Agreement meeting.
005 Diapers for dogs
On 01-01-2013, this 08-01-2005
entry was transferred from Class 18 to Class 5 in compliance with the Nice
Classification, Tenth edition, version 2013, effective 1-1-13.
005 Diapers for pets
Effective 01-01-2013, this item
appears in Class 5 in the Nice Alphabetical List making uniform the
classification of diapers for babies, adults, and pets.
001 Diatomite
Diatomite refers to diatomaceous earth,
a fine-grained rock comprised of diatom particles and deposited in oceans.
This raw material has various applications and may be used for absorbing,
insulating, or filtering purposes. Diatomaceous earth is in the Nice
Alphabetical List in Class 1.
016 Dictionaries featuring {indicate subject matter, e.g.,
colors, legal terminology, illustrations, etc.}
Dictionaries is
acceptable wording; further specification is acceptable, but it is not
required.
007 Diesel engines for {indicate specific vehicle} [other than
land vehicles]
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 of all motors
and engines such as camshafts, cylinders, cylinder, pistons and other parts
essential to their working such as alternators, belts and carburetors are in
Class 7.
005 Dietary and nutritionally fortified food products adapted
for medical use
1-1-2012 This entry of 8-9-2007 was deleted because
it is no longer acceptable under the Tenth Edition of the Nice Agreement,
which requires either specification that dietetic substances in Class 5 are
adapted for medical use or other wording to make clear that the substance is
for the treatment of a medical condition. The nature of the food or beverage
(e.g., bread, tea, etc.) must also be specified in the identification.
005 Dietary drink mix for use as a meal replacement
1-1-2012 This entry of 4-2-1991 has been deleted because it is too broad for
classification under the 10th Edition of the Nice Agreement, which makes clear
that meal replacement drinks adapted for medical use are in Class 5, and meal
replacement drinks not for medical purposes are classified as food or
beverages in Classes 29-33 are classified as food or beverages depending on
how those goods are specified.
005 Dietary fiber as an additive for food products
1-1-2012 This entry of 11-1-2004 was deleted pursuant to the 10th Edition of
the Nice Agreement. The entries “dietary fiber to aid digestion” and “dietary
fiber for treating constipation” have been added to the US ID Manual to make
clear the purpose of the goods. Dietary fiber is in the Nice Alphabetical List
in Class 5.
005 Dietary supplement drink mixes
On 1-1-2012, the
04-02-1991 entry “Meal replacement and dietary supplement drink mixes” was
amended by deleting “Meal replacement and” because that portion of the ID is
no longer acceptable under the 10th Edition of the Nice Agreement. Meal
replacement bars and drinks adapted for medical use are in Class 5, and meal
replacement bars and drinks not for medical purposes are in Classes 29-33
depending on the nature of the goods.
005 Dietetic beverages adapted for medical purposes
1-1-2012 This entry of 6-3-2010 was deleted because it is no longer acceptable
under the Tenth Edition of the Nice Agreement, which requires either
specification that dietetic substances in Class 5 are adapted for medical use
or other wording to make clear that the substance is for the treatment of a
medical condition. The nature of the food or beverage (e.g., bread, tea, etc.)
must also be specified in the identification.
005 Dietetic foods adapted for medical use
1-1-2012
This entry of 8-11-2004 was deleted because it is no longer acceptable under
the Tenth Edition of the Nice Agreement, which requires either specification
that dietetic substances in Class 5 are adapted for medical use or other
wording to make clear that the substance is for the treatment of a medical
condition. The nature of the food or beverage (e.g., bread, tea, etc.) must
also be specified in the identification.
005 Dietetic foods adapted for medical purposes
1-1-2012 This entry of 6-3-2010 was deleted because it is no longer acceptable
under the Tenth Edition of the Nice Agreement, which requires either
specification that dietetic substances in Class 5 are adapted for medical use
or other wording to make clear that the substance is for the treatment of a
medical condition. The nature of the food or beverage (e.g., bread, tea, etc.)
must also be specified in the identification.
005 Dietetic foods, namely, {indicate types of food, e.g.,
pasta, crackers, etc.} adapted for medical use
Under the Tenth
Edition of the Nice Agreement, descriptions of dietetic foods in Class 5 must
either specify that they are adapted for medical use or otherwise make clear
that the food is for the treatment of a medical condition. The nature of the
food (e.g., bread, crackers, etc.) must also be specified in the
identification.
044 Dietitian services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
035 Digital advertising services
Digital advertising
refers to a form of advertising that uses the digital media such as the
Internet to attract customers.
009 Digital colour printers for documents
On
01-01-2016, this 07-20-2004 entry was modified to add “for documents” in order
to clarify the nature of the goods and the justification for classifying the
goods in Class 9. Printing machines, such as 3D printers, are classified in
Class 7.
042 Digital compression of {indicate specific matter, e.g.
motion pictures, business files, computer data}
10-8-09 - the 2-20-96
entry was transferred from Class 40 since compression is an electronic
conversion process in Class 42 and not a material treatment in Class 40.
042 Digital enhancement and manipulation of radiological data
by means of computerized software for use in the field of {indicate subject
matter or field, e.g., dental implants, oil well processes}
20100607
- Moved from Class 40 to Class 42 because this is a computer service and does
not involve physical material alteration.
009 Digital entertainment systems for watching, storing and
sharing digital content on a home computer network
On 02-05-2015,
this 03-06-2008 entry was deleted because it is indefinite. Specifically, the
primary parts or components of the digital entertainment systems must be
specified under USPTO identification policy.
042 Digital image correction, restoration and enhancement of
{specify media, e.g., videos, etc.}
These services refer to digital
or computerized processes in Class 42, and not material treatment in Class
40.
042 Digital image correction services of videos
10-8-09 - the 6-1-01 entry was transferred from Class 40 since digital image
correction is an electronic process in Class 42 and not a material treatment
in Class 40.
041 Digital imaging services [photography]
This was
transferred from Class 40. It is a photography service and photography is in
Class 41.This is the actual taking of photographs using digital means, NOT
digital manipulation of an existing photograph, which is a Class 42 service.
See, e.g. “electronic imaging.”
009 Digital photo frames for displaying {indicate what is
being displayed, e.g., digital pictures, video clips, etc.}
On
12-13-2012, this 4-1-2006 entry was amended from “Digital photo frames for
displaying digital pictures, video clips and music” to the above
fill-in-the-blank entry.
041 Digital video, audio, and multimedia publishing
services
This service is different from providing the publication
itself. This service encompasses the presentation of the works online, not
providing the work itself.
042 Digitization of documents [scanning]
On 1-1-2012,
this entry of 1-13-2011 was revised to add the term “[scanning]” pursuant to
the 10th Edition of the Nice Agreement.
024 Dimity
06-04-2015: Dimity is a sheer usually
corded cotton fabric of plain weave in checks or stripes.
029 Dip mixes [excluding those for making salsa and other
sauces and Class 30 based dips such as chocolate or caramel used as dips]
8-12-10 - Note was clarified by adding that the item in Class 29 excluded
sweet dips, such as, chocolate or caramel dips that would be in Class 30.
029 Dips [excluding salsa and other sauces and Class 30 based
dips such as chocolate or caramel used as dips]
8-12-10 - Note was
clarified by adding that the item in Class 29 excluded sweet dips, such as,
chocolate or caramel dips that would be in Class 30.
035 Direct marketing services
1-1-2012 Amended this
entry of 9-1-2004 by inserting “services” to make clear that the purpose of
the service is the promotional marketing of goods or services of others.
040 Direct-to-garment printing services
02-11-2016:
Printing is in the Nice Alphabetical List in Class 40.
036 Discount securities brokerage services
Inserted
“securities” before “brokerage” to make the nature of the brokerage service
clear.
021 Dish drainers
Dish drainers are drying racks for
dishes.
021 Dishers [kitchen utensils]
Dishers are
hand-operated scooping utensils, with hemispherical-shaped scoops, commonly
used to serve ice cream and properly portion cookie dough, cupcake batter, and
other foods to ensure that the items are cooked or baked evenly.
021 Dishers for {indicate, e.g., ice cream, melon balls, etc.}
[kitchen utensils]
Dishers is acceptable in Class 21; further
specification is acceptable, but it is not required.
021 Dishers for serving or portioning {indicate, e.g.,
meatballs, cupcake batter, etc.} [kitchen utensils]
Dishers is
acceptable in Class 21; further specification is acceptable, but it is not
required.
007 Disintegrators for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods. The term “Disintegrators” is not acceptable under current US
identification policy because the purpose or use of the goods is unclear.
009 Disks, magnetic
On 06-02-2016, this 12-24-2015
entry was deleted because it is indefinite in Class 9. Descriptions of
magnetic disks must indicate that the goods are blank, if accurate.
Descriptions of recorded magnetic disks must indicate the subject matter or
field of the recording, or the function of the recorded software program, if
accurate. Examples of definite wording include blank magnetic disks, magnetic
disks featuring collegiate basketball tournament highlights, and magnetic
disks for computers for database management in Class 9.
044 Dispensing of pharmaceuticals
This is the
providing of medication in a medical care environment, for example, in a
hospital or clinic.
001 Dispersions of plastics for use in the manufacture of
{indicate general nature of items, e.g., lacquers, printing inks, etc., or
indicate for a wide variety of goods, if accurate}
A dispersion is a
suspension of dispersed particles in a gas, liquid, or solid substance. These
goods are classified in Class 1 based on the Nice Alphabetical List entry
“Dispersions of plastics.”
020 Display cases for {indicate merchandise, e.g., cosmetics,
etc.}
“Display cases” is an acceptable identification; further
specification of the purpose of the goods is acceptable, but it is not
required.
020 Display racks for {indicate merchandise, e.g., cosmetics,
etc.}
“Display racks” is an acceptable identification; further
specification of the purpose of the goods is acceptable, but it is not
required.
009 Display screen protectors for providing shade and privacy
specially adapted to electronic devices, namely, {indicate specific device,
e.g., laptops, cell phones, personal digital assistants, etc.} [excluding
gaming apparatus]
NOTE: On 12-06-2012, this 12-11-2008 entry “Display
protector to provide shade and privacy for electronic devices having screens”
was amended to justify classification in Class 9. Since these goods are
specially adapted for use with a particular electronic device, classification
of the electronic device controls classification of the screen protector. As
previously written, the ID would include display protectors or plastic films
for gaming devices since all game apparatus are in Class 28 because “games and
playthings” are in the Class Heading under the 10th Edition. Thus, the ID
should indicate the specific electronic device for proper classification.
030 Disposable cups with a tea-filled pouch ultrasonically
welded to one side of the bottom of the cup, which allows the natural fiber
pouch to float near the bottom
08-13-2015: Status of entry changed
from “A”-Added to “X”-Example.
016 Disposable diapers
On 1-1-2012 this entry of
4-2-1991 was deleted. Pursuant to the 10th Edition of the Nice Agreement, all
diapers for humans, including baby diapers and diapers for adult incontinence,
are in Class 5. However, this identification is indefinite because it does
not specify whether these goods are for babies or adults.
016 Disposable envelopes configured to receive one or more
pieces of used chewing gum
09-05-2013: Status of entry changed from
“A”-Added to “X”-Example.
021 Disposable gloves for home use
These gloves are
for protection of skin and nails from harshness of cleaning products, etc.
They are not gloves that protect from serious injury as the protective gloves
for industrial use in Class 9 do.
016 Disposable house training pads for pets
The
wording house training (British English) is synonymous to housebreaking
(American English) and refers to the process of training domesticated animals
to excrete outdoors rather than inside the house.
010 Disposable hypodermic syringes for medical use
Disposable syringes is acceptable wording. Hypodermic syringes is also
acceptable wording. Further specification is acceptable, but is not
required.
009 Disposable latex gloves for laboratory use
06-25-2015: Gloves for laboratory purposes is acceptable wording; further
specification is acceptable, but it is not required. Status of entry changed
from “A”-Added to “X”-Example.
016 Disposable nappies
On 1-1-2012 this entry of
6-1-2001 was deleted. Pursuant to the 10th Edition of the Nice Agreement, all
diapers (nappies) for humans, including baby diapers and diapers for adult
incontinence, are in Class 5. However, this identification is indefinite
because it does not specify whether these goods are for babies or adults.
005 Disposable pet diapers
On 01-01-2013, this
09-01-2005 entry was transferred from Class 18 to Class 5 in compliance with
the Nice Classification, Tenth edition, version 2013, effective 1-1-13.
009 Disposable plastic gloves for laboratory use
06-25-2015: Gloves for laboratory purposes is acceptable wording; further
specification is acceptable, but it is not required. Status of entry changed
from “A”-Added to “X”-Example.
021 Disposable serving spoons
The word “serving” was
added to “disposable spoons.” Regular tableware spoons that are used to eat
with are in Class 8 with all other knives, forks and spoons of that type.
005 Disposable swim diapers for children and infants
On 11-01-12, this 12-01-2004 entry was modified by replacing “pants” with
“diapers” and transferred to Class 5 consistent with the Tenth Edition of the
Nice Classification system, under which all diapers are classified in Class
5.
005 Disposable training pants [diapers]
On 11-01-12,
the 10-01-1994 entry was modified by inserting the bracketed wording and
transferred from Class 16 to Class 5 because “Babies' napkin pants
[diaper-pants]” is in the Nice Alphabetical List in Class 5. Although these
goods are widely known in the U.S. marketplace as “training pants,” they have
the same function and purpose as diapers, and all diapers are classified in
Class 5 under the Tenth Edition of the Nice Classification system.
003 Disposable wipes impregnated with cleansing compounds for
use on {indicate items}
These are pre-moistened with a cleaning
agent. Disposable wipes that are just moistened with water or some other inert
substance are in Class 16.
003 Disposable wipes impregnated with cleansing chemicals or
compounds for {indicate either personal hygiene or household use}
These are pre-moistened with a cleaning agent. Disposable wipes that are just
moistened with water or some other inert substance are in Class 16. 9-18-08 -
“Cleansing” inserted before “chemical.” If the wipe is impregnated with some
other compound, such as, a sanitizing, deodorizing or other compound that
would normally be classified in Class 5, the wipe would be in Class 5 and not
Class 3. Only wipes with cleansing compounds in them are in Class 3.
016 Disposable wipes not impregnated with chemicals or
compounds
These are not pre-moistened with a cleaning agent - just
moistened with water or some other inert substance. Disposable wipes
impregnated with a cleaning agent are in Class 3.
035 Dissemination of advertising for others via an on-line
communications network on the internet
On 5-26-2011, this 7-20-2004
entry was deleted because it is covered by an existing entry, “Dissemination
of advertising for others via the Internet.” This wording may still be used in
an application. On 07-04-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
035 Dissemination services of advertisement matter
On
5-26-2011, this 10-22-2009 entry was deleted because it is covered by an
existing Manual entry, “Dissemination of advertising matter.” On 07-04-2013,
the status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
007 Dissolving machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
011 Distillation apparatus not for scientific purposes
On 06-06-2013, the 04-01-2010 entry was amended to add the wording “not
for scientific purposes.” Distillation apparatus for scientific purposes are
classified in Class 9.
033 Distilled spirits produced in {insert geographic name or
region} in accordance with specific standards
For information about
identifying goods or services which are subject to legal systems or schemes
for the protection of geographical indications of origin, see TMEP Section
1402.03(g).
001 Distilled water
This is not drinking water -
distilled drinking water is in Class 32.
011 Distillers for chemical processing
On 04-02-2015,
the 07-20-2004 entry was amended to incorporate the bracketed wording “[for
chemical processing]” into the identification to clarify the use of the
goods.
035 Distribution of advertising material
On
5-26-2011, this 3-11-2010 entry was deleted because it is covered by an
existing Manual entry, “Distribution of advertising materials.” On 07-04-2013,
the status of this acceptable entry was changed from “D”-Deleted to “A”-Added;
the effective date of 03-11-2010 was restored. 09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
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, audio 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 distribution of any other kind of hard
goods by any other manufacturer. For this reason, distribution of videotapes,
audio tapes, video disks, etc. should not be accepted as a service even when
the distribution is linked to the production of these goods. The production of
the entertainment product 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.
035 Distributorship services in the field of automated parking
garage systems
On 11-03-2011, this 9-1-2005 entry was deleted
because, although acceptable, it is covered by the existing entry for
“Distributorship services in the field of {indicate field, e.g., clothing,
automotive parts, etc.}.” On 07-04-2013, the status of this acceptable entry
was changed from “D”-Deleted to “X”-Example.
035 Distributorship services in the field of aluminum and
stainless steel sheets and coils
On 11-3-2011, this 8-1-2003 entry
was deleted because, although acceptable, it is covered by the existing
fill-in entry for “Distributorship services in the field of {indicate field,
e.g., clothing, automotive parts, etc.}.” On 07-04-2013, the status of this
acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Distributorship services in the field of {indicate field,
e.g., clothing, automotive parts, etc.}
Do not substitute
“distribution” for “distributorship.” Distribution is the activity of moving
goods from one place to another. That is a service in Class 39; it is not in
Class 35 with other services in the retail chain.
035 Distributorships in the field of {indicate field, e.g.
clothing, automotive parts, cosmetics}
On 11-03-2011, this 01-02-1997
entry was deleted because it is covered by the existing entry for
“Distributorship services in the field of {indicate field, e.g., clothing,
automotive parts, etc.}.” On 07-04-2013, the status of this acceptable entry
was changed from “D”-Deleted to “A”-Added; the effective date of 01-02-1997
was restored.
028 Divot repair tool for golfers
08-14-2014 - Divot
repair tools are classified in Class 28 as sports equipment. Although hand
tools are generally classified in Class 8, divot repair tools are classified
as sports equipment because they are for use by the players in the course of
playing the sport of golf.
028 Divot repair tools [golf accessory]
08-14-2014 -
Divot repair tools are classified in Class 28 as sports equipment. Although
hand tools are generally classified in Class 8, divot repair tools are
classified as sports equipment because they are for use by the players in the
course of playing the sport of golf.
042 DNA analysis services for scientific research purposes
On 11-28-2013, the 09-13-2007 entry was amended to add “for scientific
research purposes” in order to clarify the purpose of the services. DNA
screening for medical purposes is classified in Class 44.
042 DNA analysis services to determine paternity
10-28-10 Class corrected from 44 in entry of 10-21-10 to the correct Class
42.
025 Do rags for use as caps [headwear]
On 11-20-2014,
this 09-01-2005 entry was changed by inserting “for use as caps [headwear]” to
distinguish the goods from “Wave caps” in Class 26.
035 Doctors' appointment reminder services
On
01-01-2016, this 01-06-2011 entry was transferred from Class 44 to Class 35 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. “Appointment reminder services [office functions]” was
added to the Nice Alphabetical List in Class 35 under Nice 10-2016.
039 Document delivery by non-electronic means, namely,
{indicate the non-electronic means, e.g., hand-carried, bicycle courier,
etc.}
On 07-09-2015, this 04-02-1991 entry was amended from “Document
delivery [by non-electronic means, e.g., hand-carried, bicycle courier]” to
“Document delivery by non-electronic means, namely, {indicate the
non-electronic means, e.g., hand-carried, bicycle courier, etc.}”
039 Document delivery by non-electronic means
On
07-09-2015, this 04-02-1991 entry was amended from “Document delivery” to
“Document delivery by non-electronic means” to clarify that the service
involves the delivery of tangible documents rather than the electronic
delivery of documents in Class 38.
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 carrying cases for
documents are in Class 18.2. No longer a trilateral entry as of 6/28/07 but
still accepted in the USPTO
009 Document printers
05-06-2010 - This refers to
computer printers only. Printing machines are in Class 7. It was included in
the Manual because this is now the most common understanding of the term - it
is recognized as referring to computer printers in Class 9. 01-01-2016: On
01-01-2016, this 07-20-2004 entry was modified to add “Document” in order to
clarify the nature of the goods and the justification for classifying the
goods in Class 9. Printing machines, such as 3D printers, are classified in
Class 7.
009 Document printers for use with computers
On
01-01-2016, this 11-08-2007 entry was modified to add “Document” in order to
clarify the nature of the goods and the justification for classifying the
goods in Class 9. Printing machines, such as 3D printers, are classified in
Class 7.
009 Document printers for computers
On 01-01-2016,
this 11-08-2007 entry was modified to add “Document” in order to clarify the
nature of the goods and the justification for classifying the goods in Class
9. Printing machines, such as 3D printers, are classified in Class 7.
043 Dog day care services
On 10-6-2011, this
4-30-2009 entry was deleted because, although acceptable, it is covered by the
existing entry for “Pet day care services.” 07-25-2013: Acceptable entry
status changed from “D” deleted to “X” example.
021 Dog food scoops
03-05-2015 - Dog food scoops are
classified in Class 21 as household utensils. Scoops for serving and
portioning foods in Class 21 are different from hand-operated scooping tools
in Class 8, which are generally used to transfer unspecified amounts of bulk
materials, such as sugar or rice, from a bag to a container, for example. For
classification purposes, the key distinction for scoops in Class 8 and scoops
in Class 21 is whether the scoops are for transferring unspecified amounts of
materials or foods, or for serving or portioning foods.
012 Dog guards for use in vehicles
Dog guards are
fence-like apparatus that are typically installed between the vehicle roof and
floor behind the rear seat to keep pets secure during vehicle transport. Dog
guards are classified in Class 12 because, once installed, these goods are
structural parts of the Class 12 vehicles.
044 Dog walking services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
012 Dollies [wheeled platforms used to transport heavy
items]
This 4-2-91 entry was modified to delete the bracketed wording
“hand trucks” from the ID because it was too limiting. This wording includes
dollies used to move vehicles. There is a separate entry for hand trucks in
the Manual.
045 Domain name registration services
03-20-2014:
Domain name registration services are the services of domain registry
operators, ICANN-accredited domain name registrars and their authorized
re-sellers involving the reservation of particular Internet addresses on a
given top-level domain. These services do not include the technological
activities of domain registry operators, which are computer services in Class
42. “Domain registry operator services” is acceptable wording in Class 42
that should only be used by entities or persons who have entered into a
currently-valid Registry Agreement with ICANN.
045 Domain name registrar services
A domain name
registrar is an entity through which domain names may be registered, and which
is responsible for keeping website contact information records and submitting
technical information to a central directory. Registrars are accredited by
ICANN. Registrars are distinguishable from re-sellers, who may provide domain
name registration services under authorization from registrars, but are not
themselves ICANN-accredited registrars. Domain name registration services is
acceptable wording in Class 45 for any entity or person that provides such
services.
042 Domain name search services, namely,
conducting online computerized searches for the availability of domain
names
This entry refers to the technological aspect of domain name
searching only; specifically, it refers to computerized searching for the
availability of domain names. The services of conducting domain name searches
for the purpose of providing legal advice on domain name registration is in
Class 45.
042 Domain registry operator services
A domain
registry operator maintains the master database of all domain names registered
in a particular top-level domain, generates the zone file which allows
computers to route Internet traffic to and from top-level domains. These
services are inherently computer services and are thus classified in Class 42.
Domain name registration services are separate services in Class 45.
007 Door closers, electric
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 7-30-2009 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
020 Door stops of plastic
01-01-2016: Door stops, not
of metal or rubber is an acceptable identification. However, specification of
the material composition of door stops may be required during examination of
marks that refer to material composition. See TMEP §1203.02(f)(i) for further
information. Status of entry changed from “A”-Added to “X”-Example.
020 Door stops of wood
01-01-2016: Door stops, not of
metal or rubber is an acceptable identification. However, specification of the
material composition of door stops may be required during examination of marks
that refer to material composition. See TMEP §1203.02(f)(i) for further
information. Status of entry changed from “A”-Added to “X”-Example.
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 Agreement since the primary beneficiary
of selling or sales is the seller. Language describing services acceptable in
the retail chain (e.g., retail stores, distributorships, on-line retailing)
should be used instead of selling or sales.
042 Dosimetry monitoring services
08-09-2012:
Dosimetry monitoring, or medical radiation exposure monitoring, is the
practice of collecting dose information from radiology equipment and using the
data to identify options for reducing radiation dosage as part of medical
treatment. Medical dosimetry services are in Class 44.
009 Dot matrix printers
01-01-2016: Dot matrix
printers use small spots of ink to produce documents. In contrast, 3D
printers are additive manufacturing machines that create or build
three-dimensional solid objects by laying down successive layers of material,
and thus, are classified as “machines” which is in the Class Heading for Class
7.
003 Double eyelids tapes
Double eyelids tapes are
adhesives used for cosmetic purposes to modify the appearance of eyelids.
001 Dough conditioners
The specification of
“commercial” use was deleted from this entry. All dough conditioners are in
Class 1 because they are a chemical agent, regardless of whether 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 stabilizers are in
Class 1 because they are a chemical agent, regardless of whether 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.
030 Dough-based pockets with filling consisting primarily of
meats, poultry, fish, fruits and vegetables and cheese
3/19/09 -
9/01/05 entry deleted and replaced with clarifying entry “Dough-enrobed foods
consisting of a dough-based wrapper with fillings consisting primarily of
meats, poultry, fish, fruits and vegetables and cheese”
030 Dough-based pockets with filling consisting primarily of
pasta or rice
3/19/09 - 9/01/05 entry deleted and replaced with
clarifying entry “Dough-enrobed foods consisting of a dough-based wrapper with
fillings consisting primarily of pasta and rice”
044 Doula services for birth and postpartum, namely,
experienced labor companion who provides the woman and her husband or partner
both emotional and physical support throughout the entire labor and
delivery
09-05-2013: Entry status changed from “A” added to “X”
example.
023 Douppioni silk yarn
06-25-2015: Douppoini silk
yarn is a coarse yarn produced from silk thread reeled from cocoons.
009 Downloadable cloud computer software for {specify the
function of the software, e.g., use in database management, use in electronic
storage of data, etc. and, if software is content- or field-specific, the
content or field of use}
On 01-21-2016, this 11-29-2012 entry was
deleted because it is unclear whether the description refers to downloadable
cloud-computing software or downloadable cloud-based software (software
capable of being downloaded from cloud storage). This wording is no longer
acceptable.
009 Downloadable computer game software via a global computer
network and wireless devices
5-20-10 - Providing a website featuring
downloadable software for {specify function of the programs} is not an
acceptable identification because it is unclear whether the applicant is
offering goods in the nature of downloadable software in Class 9, or whether
the applicant is offering services in the nature of website hosting in Class
42.
009 Downloadable computer software in the field of memory
training activities sold as a unit with positionable figures
Providing temporary use of on-line non-downloadable software is considered a
service in Class 42. 5-20-10 - Providing a website featuring downloadable
software for {specify function of the programs} is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable software in Class 9, or whether the applicant is
offering services in the nature of website hosting in Class 42. 01-16-2014:
Entry status changed from “A” added to “X” example.
009 Downloadable computer programs featuring positionable game
piece figures for use in the field of computer games
Providing
temporary use of on-line non-downloadable software is considered a service in
Class 42.
009 Downloadable computer software for {specify the function
of the software, e.g., use as a spreadsheet, word processing, etc. and, if
software is content- or field-specific, the content or field of use}
Providing temporary use of on-line non-downloadable software is considered a
service in Class 42. 5-20-10 - Providing a website featuring downloadable
software for {specify function of the programs} is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable software in Class 9, or whether the applicant is
offering services in the nature of website hosting in Class 42.
009 Downloadable electronic publications in the nature of
{indicate specific nature of publication} in the field of {indicate subject
matter of publication}
5-20-10 - Providing a website featuring
specific types of downloadable publications is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable publications in Class 9 or services in the
nature of website hosting 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 indicates a service and
downloadable publications are considered goods in Class 9.
009 Downloadable electronic game software for use on {specify,
e.g., mobile and cellular phones, handheld computers, etc.}
08-22-2013 Downloadable electronic game software is an acceptable
identification in Class 9. Specification of the computing device on which it
is used (e.g., mobile and cellular phones, handheld computers, etc.) is
permissible, but not required. 08-22-2013: Status changed from “A” - Added to
“X” - example.
009 Downloadable fiction books on a variety of topics
On 07-21-2016, this 07-12-2012 entry was modified by deleting the bracketed
wording and incorporating it into the Note field. This description is only
acceptable when used in connection with a publishing house mark.
009 Downloadable fiction e-books on a variety of topics
This description is only acceptable when used in connection with a
publishing house mark.
009 Downloadable films and television programs featuring
{indicate subject matter} provided via a video-on-demand service
Subject matter requirement added as with other Class 9 IDs.
009 Downloadable images in the field of {indicate subject
matter or field, e.g., automobiles, cats and dogs, etc.} for mobile phones
10-28-10 - Modified the 8-26-2010 entry of “downloadable images for
mobile phones” to require the field or subject matter of the images.
009 Downloadable middleware for software application
integration
Middleware is a general term for computer software that
serves as an intermediary between multiple programs in a software stack,
typically an operating system and its applications.
009 Downloadable middleware for {specify the function of the
computer software, e.g., identifying and authenticating users and establishing
standardized directories, etc.}
Middleware is a general term for
computer software that serves as an intermediary between multiple programs in
a software stack, typically an operating system and its applications.
009 Downloadable mobile applications for {indicate function of
software, e.g., managing bank accounts, editing photos, making restaurant
reservations, etc. and, if software is content- or field-specific, the content
or field of use}
Mobile applications are software applications
designed for smartphones, tablet computers, and other mobile devices, and
require specification of the function of the software. Stating that the
“downloadable mobile applications” are “for use with mobile devices” is not
acceptable.
009 Downloadable MP3 files, MP3 recordings, on-line discussion
board posts, webcasts, webinars and podcasts, news, and audio books in the
field of {indicate subject matter}
WEBINARS deleted from ID - it is a
registered mark and cannot be used as a generic term. 9-24-09 - the
registration of the term “webinar” has been cancelled. Therefore, the term has
been reintroduced into this ID. The term was deleted in the 11-30-06 revision
due to the existence of the registration. 7-29-10 - the ID was modified to
require the subject matter of the audio books. On 6-7-2012, a portion of the
9-24-2009 ID was amended from “on-line discussion boards” to “on-line
discussion board posts” for clarity. On 05-22-2014, the 06-07-2012 entry for
“Downloadable MP3 files, MP3 recordings, on-line discussion board posts,
webcasts, webinars and podcasts featuring music, audio books in the field of
{indicate subject matter}, and news broadcasts” was modified for clarity and
for consistency with other similar Manual entries.
009 Downloadable non-fiction books on a variety of topics
On 07-21-2016, this 07-12-2012 entry was modified by deleting the
bracketed wording and incorporating it into the Note field. This description
is only acceptable when used in connection with a publishing house mark.
009 Downloadable non-fiction e-books on a variety of
topics
This description is only acceptable when used in connection
with a publishing house mark.
009 Downloadable photographs in the field of {indicate subject
matter or field, e.g., automobiles, cats and dogs, etc.}
10-29-2015 -
Downloadable photographs is acceptable wording; further specification is
acceptable but is not required.
009 Downloadable software in the nature of a mobile
application for {specify the function of the programs, e.g., for use in
database management, for use as a spreadsheet, for word processing, etc. and,
if software is content- or field-specific, the content or field of use}
5-20-10 - Providing a website featuring downloadable software for
{specify function of the programs} is not an acceptable identification because
it is unclear whether the applicant is offering goods in the nature of
downloadable software in Class 9, or whether the applicant is offering
services in the nature of website hosting in Class 42.
009 Downloadable software for {specify the function of the
programs, e.g., for use in database management, for use as a spreadsheet, for
word processing, etc. and, if software is content or field-specific, the
content or field of use}
Providing temporary use of on-line
non-downloadable software is considered a service in Class 42. 05-20-2010 -
Providing a website featuring downloadable software for {specify function of
the programs} is not an acceptable identification because it is unclear
whether the applicant is offering goods in the nature of downloadable software
in Class 9, or whether the applicant is offering services in the nature of
website hosting in Class 42.
009 Downloadable .csv files featuring {indicate subject
matter, e.g., income tax forms, recipes, etc.}
The designation, .csv,
stands for comma-separated values (also called character-separated values). A
.csv file stores numerical and textual data in plain-text form.
007 Drain cocks
Drain cocks are in the Nice
Alphabetical List in Class 7. Drain cocks are used on cylinders of steam
engines for removing water of condensation.
007 Drain jetters
Drain jetters are machines that use
the force of pressurized water to clear blockages in drains or sewers.
006 Drain pipes made of metal
While most metal pipes
and their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Drain pipes of metal
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
008 Draw wires [hand tools]
These hand tools are used
by electricians to route new wiring through walls and through electrical
conduits.
005 Drawer fresheners
On 1-1-2012 this entry of
4-8-2010 was deleted from Class 5 pursuant to the deletion of “air freshening
preparations” from the 10th Edition of the Nice Agreement. The phrase, “air
freshening preparations,” is used in advertising literature to refer to both
“air fragrancing preparations” in Class 3 and “air deodorizing preparations”
in Class 5, which have distinctly different functions and are classified in
different classes.
020 Drawer pulls of glass, porcelain or earthenware
Similar to knobs, pulls are classified according to material composition as
required by the Nice Agreement. Common metal pulls are in Class 6; plastic
pulls in 20, porcelain pulls in 21, etc. 1-1-2012-- This entry of 2-1-2006 was
transferred from Class 21 to Class 20 in accordance with the 10th Edition of
the Nice Agreement. Because these goods are similar to knobs, metal pulls are
in Class 6, precious metal pulls are in Class 14 and non-metal pulls are in
Class 20.
020 Drawer pulls of plastic or wood, cork, reed, cane, wicker,
horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and
substitutes for all these materials
Similar to knobs, pulls are
classified according to material composition as required by the Nice
Agreement. Common metal pulls are in Class 6; plastic pulls in 20, porcelain
pulls in 21, etc. 1-1-2012 - Because these goods are similar to knobs, in
accordance with the 10th Edition of the Nice Agreement, metal pulls are in
Class 6, precious metal pulls are in Class 14 and non-metal pulls are in Class
20.
014 Drawer pulls of precious metal
Similar to knobs,
pulls are classified according to material composition as required by the Nice
Agreement. Common metal pulls are in Class 6; plastic pulls in 20, porcelain
pulls in 21, etc. 1-1-2012 - Because these goods are similar to knobs, in
accordance with the 10th Edition of the Nice Agreement, metal pulls are in
Class 6, precious metal pulls are in Class 14 and non-metal pulls are in Class
20.
016 Drawing pins
Drawing pins are short tacks or
thumbtacks featuring circular smooth heads, used to fasten papers to a wall or
board.
042 Drawing up of expert technical opinions in connection with
oil deposits
On 3-31-2011, the 7-20-2004 entry was deleted because
the nature of the services was difficult to define.
042 Drawing up of plans and engineering drawings
On
3-31-2011, this 11-29-2007 entry was replaced with the following new entry,
“Drafting of plans and engineering drawings for others”
020 Dreamcatchers [decoration]
These goods are in
Class 20 because they are comparable to decorative mobiles and wind chimes,
which are in Class 20 according to the Nice Agreement and the alphabetical
list.
010 Dressing sticks for disabled persons
Items for
use by invalids or handicapped individuals are classified in Class 10. See
TMEP 1401.05(b) for further information.
030 Dried cumin seeds
Dried cumin seeds are used as
both a spice and a condiment. Dried cumin seeds are classified in Class 30
because “spices” and “condiments” are in Class 30 in the Nice Alphabetical
List.
029 Dried durians
Durians are a type of fruit that
have a hard prickly rind and a soft pulp with a strong odor.
030 Dried herbs in powdered form
Dried herbs is an
acceptable identification in Class 30; further specifying the form of the
dried herbs is acceptable, but not required.
029 Dried lentils
“Dried” added to original ID of
“lentils.” Fresh lentils are in Class 31 so this entry needed the indication
that the lentils were processed to justify Class 29.
029 Dried pawpaws
Pawpaw, another term for papaya, is
a type of fruit.
029 Dried persimmon (Got-gam)
On 12-20-2012, this
11-1-2012 entry was amended to replace the brackets with parentheses.
008 Drill bits for hand drills
Bits for power drills
are in Class 7
007 Drilling machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Drilling machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
024 Drink mats of table linen
Drink mats of table
linen are coasters made of linen.
021 Drinking cups for babies and children
Drinking
cups in Class 21 are general purpose drinking vessels and have not been
specially adapted. Please note that cups adapted for feeding babies and
children are classified in Class 10 because they are specially adapted and are
considered analogous to babies' bottles in the Nice Alphabetical List.
021 Drinking straws
On 1-1-2012, this entry of
4-2-1991 was transferred from Class 20 to Class 21 pursuant to the 10th
Edition of the Nice Agreement because these goods are household utensils for
drinking.
021 Drinking straws of {specify, e.g., paper, plastic, bamboo,
etc.}
Drinking straws is an acceptable identification in Class 21.
The specific material of the straws may be indicated, but is not required.
032 Drinking waters
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
012 Drones
A drone is an aircraft that does not have
a pilot that is operated by remote control.
012 Drones in the nature of hexacopters for agricultural use
to survey crop health
Drones is an acceptable identification in Class
12. Further specification of the type of drone is acceptable, but is not
required.
010 Drug delivery systems
This is basically an
intravenous set up - does not include the preparations introduced 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 of Class 42
that was implemented in the 8th edition of the Nice Agreement.
024 Drugget fabric
Drugget may be defined as a wool
or partly wool fabric, or a course cloth or rug made of this fabric used as a
floor covering.
015 Drum machines
A drum machine is an electronic
musical instrument designed to imitate the sound of drums, cymbals or other
percussion instruments.
015 Drum practice pads
These goods are for use as a
drum substitute. The drummer can practice drum speed, stick control, and other
techniques without the loud sound of a drum.
020 Drum thrones
Although these goods have
specialized uses in connection with musical instruments, they are primarily in
the nature of furniture in Class 20.
020 Drummer's stool
On 11-29-2012, this 02-03-11
entry was transferred from Class 15 to Class 20 based on discussions at the
22nd Session of the Nice Union Committee of Experts meeting.
015 Drums [musical instruments]
10-03-2013: Entry
status changed from “A” added to “X” example.
015 Drums [musical instrument]
10-03-2013: Entry
status changed from “A” added to “X” example.
021 Dryer balls sold empty used to disperse disinfectants to
articles in a dryer
On 09-25-2014, this entry was transferred to
Class 21 because the function of the “dryer balls” as kitchen or household
implements to assist in household tasks aligns with the Class 21 Heading,
“household or kitchen utensils and containers...” Further, the entry was
modified from “Non-metal dryer balls sold empty used to disperse disinfectants
to articles in a dryer” to the current entry to make clear that material
composition does not affect classification.
021 Dryer balls that are placed in the clothes drying machine
with the clothing to assist in the drying process
3-12-09 - Goods in
Class 21 when entered into the Manual in 4-26-07 - more appropriately
classified in Class 20. On 09-25-2014, this entry was transferred to Class 21
because the function of the “dryer balls” as kitchen or household implements
to assist in household tasks aligns with the Class 21 Heading, “household or
kitchen utensils and containers...” Further, the entry was modified from
“Clothes drying product, namely, rubber dryer balls that are placed in the
clothes-drying machine with the clothing to assist in the drying process” to
the current entry to make clear that material composition does not affect
classification.
007 Drying machines and lines for web products, parts for the
aforementioned machines, particularly recirculated air driers, inert gas
driers, infrared driers, tempering machines and lines for web products, parts
for the aforementioned lines, particularly calendars, low-pressure presses,
high-pressure presses, double-belt presses, embossing and laminating machines
for the production of hot and cold laminates, floor coverings, parts for the
aforementioned machines and lines composed thereof
10-10-2013: Entry
status changed from “A” added to “X” example.
009 Drying ovens for laboratory use
Although heating
apparatus are generally classified in Class 11, drying ovens for laboratory
use are classified in Class 9 as instruments for scientific research in
laboratories.
021 Drying racks for washing
The term “washing” in
this entry refers to clean laundry.
019 Drywall repair kit for do-it-yourself use and use by
contractors comprised of a 4-inch by 4-inch piece of drywall, a piece of
double sided adhesive tape, and a plastic male and female brace that secures
the piece of drywall between the hole and the inside sheet of drywall, used to
repair holes in drywall using a brace system
07-04-2013: Status
changed from “A” - Added to “X” - example.
009 Dual amplifier balancers
Dual amplifier balancers
are electronic devices for controlling the volume of two amplifiers.
007 Ducted fans for motors and engines
Fans for
motors and engines is acceptable wording; further specification is acceptable,
but it is not required.
006 Ductile iron piles
Ductile iron piles are metal
building materials intended to be driven into the ground in a vertical
position to support industrial and building foundations and other loads.
018 Duffel bags
Note that bags that are fitted to
carry a particular item are classified with the 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 the 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 the 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.
030 Dumplings
11-28-2013 Dumplings in Class 30 are
flour-based food products. They are classified in Class 30 because Class 30
includes dough. Please note that potato dumplings are classified in Class
29.
009 Duplexers
Duplexers are electronic devices that
allow a transmitter and receiver to share a common antenna and operate
simultaneously.
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
025 Dusters in the nature of coats
On 07-07-2016, the
04-02-1991 entry “Dusters [clothing]” was modified to “Dusters in the nature
of coats” to make clear the nature of the goods and to distinguish them from
“Dusters” in Class 21.
024 Duvets
06-04-2015: A duvet is a type of quilt,
usually with a washable cover, that may be used in place of a bedspread and
top sheet.
042 DVD authoring services [programming]
Previous
classification in Class 41 was in error - this is a DVD programming activity
and is purely technical so it should be in Class 42.
040 Dyeing of cloth or clothing
02-11-2016: Dyeing
services are classified in Class 40 pursuant to the Class 40 Explanatory
Note.
002 Dyewood
Dyewood is wood used as a dye and appears
in the Nice Alphabetical List in Class 2.
010 Ear plugs for {specify use, e.g., sleeping, swimming,
etc.} [excluding ear plugs for divers in Class 9]
Under the 10th
Edition of Nice Agreement all ear plugs are in Class 10, except ear plugs for
divers which are considered divers apparatus in Class 9.
010 Ear plugs for noise reduction
These goods are in
Class 10 pursuant to the 10th Edition of the Nice Agreement.
010 Ear plugs for sleeping
On 1-1-2012, this entry of
7-20-2004 was transferred from Class 9 to Class 10 pursuant to the 10th
Edition of the Nice Agreement.
010 Ear plugs for soundproofing
On 1-1-2012, this
entry of 7-20-2004 was transferred from Class 9 to Class 10 pursuant to the
10th Edition of the Nice Agreement.
010 Ear plugs for swimming purposes
1-2-2002 Based on
a clarification in the 8th edition of the Nice Agreement, ear plugs for diving
and swimming are classified in Class 9. Therefore, on 1-2-2002 this entry was
transferred from Class 28 to Class 9. 1-1-2012 This entry of 1-2-2002 was
transferred from Class 9 to Class 10 pursuant to the 10th Edition of the Nice
Agreement.
010 Ear plugs for swimming
On 1-1-2012, this entry of
7-20-2004 was transferred from Class 9 to Class 10 pursuant to the 10th
Edition of the Nice Agreement.
009 Ear plugs not for medical purposes
1-1-2012 This
entry of 7-1-1994 was deleted pursuant to the 10th Edition of Nice Agreement,
under which all ear plugs are in Class 10, except ear plugs for divers which
are considered divers' apparatus in Class 9.
010 Ear trumpets
Ear trumpets are funnel-shaped
devices for directing sound to the ear drum and facilitate hearing.
021 Earring organizer board
On 10-25-2012, this
06-01-01 entry, “Earring organizer board” was deleted and replaced with
“Jewelry organizer displays in the nature of {specify Class 20 goods, e.g.,
display stands, display racks, display boards, trees, etc.} for displaying and
organizing jewelry” in Class 20. With the addition of the term, “displays,”
these organizational display goods are comparable to the Nice Alphabetical
List entries “display stands” and “display boards” in Class 20.
021 Earthenware basins in the nature of bowls
On
10-20-2016, this 04-02-1991 entry was modified from “Earthenware basins
[bowls, not part of sanitary installations]” to “Earthenware basins in the
nature of bowls” to incorporate the necessary information within the brackets
to justify classification in Class 21.
020 Earthenware pulls
1-1-2012-- This entry of
7-28-2011 was transferred from Class 21 to Class 20 in accordance with the
10th Edition of the Nice Agreement. Because these goods are similar to knobs,
metal pulls are in Class 6, precious metal pulls are in Class 14 and non-metal
pulls are in Class 20.
003 Eau de cologne
On 04-02-2015, the 11-08-2007
entry, “Eau de colognes” was amended to “Eau de cologne” to match the TM5
approved entry.
033 Eaux-de-vie
Eaux-de-vie is the plural of
eau-de-vie and refers to a type of brandy that is distilled from the fermented
juice of fruit, such as pears or raspberries.
030 Eccles cakes
These goods are small pastries
filled with fruit.
035 Economic forecasting services for the industrial farming
industry based on crop scouting activities of evaluating pest pressure, crop
performance, and potential effectiveness of pest control measures
Economic forecasting services is acceptable wording; further specification is
acceptable, but it is not required.
031 Edible dog treats
On 04-21-2016, the 04-02-1991
entry “Dog treats [edible]” was amended to “Edible dog treats” to match a TM5
approved entry.
029 Edible oil, namely, {specify type, e.g., vegetable oil,
fish oil, coconut oil, etc.}
Edible oil is an acceptable entry; it is
permissible to specify the type of edible oil, but not required.
029 Edible oils
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
030 Edible paper
Edible paper is generally used in
edible ink printing, such as printing images or words with edible food colors
onto various confectionery products.
030 Edible rice paper
Edible rice paper is a food
generally used for baking or for wrapping other foods.
030 Edible writing paper
On 01-01-2016, this
11-01-2012 entry was transferred from Class 16 to Class 30 in compliance with
the Nice Classification, Tenth edition, version 2016, effective 01-01-2016.
“Edible paper” was added to the Nice Alphabetical List in Class 30 under Nice
10-2016.
041 Education and entertainment services, namely, ongoing
television public service announcements and ongoing television programs in the
field of {indicate field or subject matter}
On 8-25-2011, this
9-16-2010 entry was deleted and replaced with a new entry, “Educational
services, namely, providing on-going television public service announcements
in the field of {indicate field or subject matter, e.g., health, exercise,
nutrition, etc.}. Entertainment in the nature of on-going television programs
in the field of {indicate specific field, e.g., news, comedy, variety} is
already listed in the Manual. 07-25-2013: Acceptable entry changed from “D”
deleted to “X” example status.
041 Education and entertainment services, namely, production
and distribution of ongoing television programs in the field of family
management and relationships
On 8-25-2011, this 11-20-2008 entry was
deleted and replaced with a new entry, “Entertainment services, namely,
production and distribution of on-going television programs in the field of
{specify field, e.g., family relationships, fashion, etc.}”. 07-25-2013:
Acceptable entry status changed from “D” deleted to “X” example.
041 Education in the fields of {indicate specific fields, e.g.
computers, music, art} rendered through correspondence courses
On
8-25-2011, this 6-1-2006 entry was deleted because it is covered by a
virtually identical ID in the Manual. 07-25-2013: Acceptable entry changed
from “D” deleted to “X” example status.
041 Education information
This is information ABOUT
education - pedagogy, class schedules, etc. Educational information is not
acceptable - all information educates but information with a subject matter in
a class other than 41 is in the class of the subject matter, even if the
information is characterized as “educational.” On 8-25-2011, this 11-29-2007
entry was deleted and replaced with a new entry, “Providing information about
education” for clarity.
035 Education leadership development
4-22-10 - This
service does not relate to training or education services regarding leadership
development for educators. Such actual education services would be in Class
41. This service is about how to increase leadership effective in the
education industry - a service that furthers the business functioning of that
industry. On 04-11-2013, this 11-01-2004 entry was deleted because it caused
confusion as to the nature of the service rendered. Education leadership
development services typically involve the training or mentoring of educators,
which are education services properly classified in Class 41, e.g.,
“leadership development training for educators.” The business aspect of this
service is covered by existing entries in the Manual.
041 Education services, namely, providing tutorial sessions in
the field of {indicate subject matter or field}
On 8-25-2011, this
06-01-2001 entry was deleted because it is covered by the entry of “Education
services, namely, providing tutoring in the field of {indicate subject
matter}”. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Education services, namely, providing tutorial sessions in
the fields of {indicate subject matter or fields}
On 8-25-2011, this
06-01-2006 entry was deleted because it is covered by the entry of “Education
services, namely, providing tutoring in the field of {indicate subject
matter}”. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Education services, namely, providing tutoring in the
fields of {indicate subject matter or fields}
On 8-25-2011, this
06-01-2006 entry was deleted because it is covered by the entry of “Education
services, namely, providing tutoring in the field of {indicate subject
matter}”. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Education services, namely, pre-kindergarten through 12th
grade classroom instruction, vocational instruction, mentoring, tutoring,
classes, seminars and workshops for individuals with {indicate specific
condition, e.g., autism, developmental disorders, etc.}
On 8-25-2011,
this 7-02-2009 entry was amended to change the last portion of the ID from,
“for individuals with autism and other developmental disorders” to read, “for
individuals with {indicate specific conditions, e.g., autism, developmental
disorders, etc.}”
041 Education services, namely, providing hands-on
opportunities for children in the field of intuitive engineering through live,
broadcast, and on-line classes, seminars, workshops, training and curriculum
development for children, parents and educators
10-1-09 - “printed”
was deleted from the list following the word “through” in the 3-26-09 entry.
And education services must be a live or on-line presentation in some way -
not only printed matter.
041 Education services, namely, a year-long urban teacher
preparation program for emerging teachers
On 8-25-2011, this
4-10-2008 entry was deleted because the subject matter is too specific to be
useful to a broad range of applicants. 07-25-2013: Acceptable entry changed
from “D” deleted to “X” example status.
041 Education services, namely, providing mentoring, tutoring,
classes, seminars and workshops in the field of {indicate field or subject
matter}
On 8-25-2011, this 3-13-2008 entry was deleted because it is
covered by an existing fill-in entry for “Education services, namely,
providing {indicate form of educational activity, e.g., classes, seminars,
workshops} in the field of {indicate subject matter or field of educational
activity}”. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
041 Education services, namely, a program to promote the use
of proper punctuation to school age children
On 8-25-2011, this
8-31-2006 entry was deleted because it sounds too much like a promotional
service in Class 35.
041 Education services, namely, providing {indicate form of
educational activity, e.g., classes, seminars, workshops} in the fields of
{indicate subject matter or fields of educational activity}
On
8-25-2011, this 6-1-2006 entry was deleted because it is covered by a
virtually identical entry in the Manual. 07-25-2013: Acceptable entry changed
from “D” deleted to “X” example status.
041 Education services, namely, one-on-one mentoring in the
fields of {indicate subject matter or fields}
On 8-25-2011, this
6-1-2006 entry was deleted because it is covered by the entry of “Education
services, namely, providing mentoring in the field of {indicate subject matter
or field}”. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
041 Education services, namely, providing classes, seminars,
workshops, tutoring, and mentoring in the field of middle and high school
reform
On 8-25-2011, this 3-1-2006 entry was deleted because it is
covered a fill-in entry for “Education services, namely, providing {indicate
form of educational activity, e.g., classes, seminars, workshops} in the field
of {indicate subject matter or field of educational activity}. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
041 Education services, namely, one-on-one mentoring in the
field of {indicate subject matter or field}
On 8-25-2011, this
7-1-2001 entry was deleted because it is covered by the entry of “Education
services, namely, providing mentoring in the field of {indicate subject matter
or field}”. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
041 Education services, namely, providing online cognitive
assessments and training programs that help identify cognitive strengths and
weaknesses of an individual
10-24-2013: Entry status changed from “A”
added to “X” example.
041 Educational and entertainment services, namely, programs
about plastic surgery services combining traditional western medicine
practices with holistic therapies, accessible by radio, television, satellite,
audio, video and computer networks
On 8-25-2011, this 1-28-2010 entry
was deleted because the subject matter is too specific to be useful to a broad
range of applicants. 07-25-2013: Acceptable entry changed from “D” deleted to
“X” example status. 11-27-2014: The word “programs” in the identification
indicates that there is more than one program identified by the mark as is,
therefore, not a single work.
041 Educational and entertainment services, namely, conducting
programs featuring recreational activities, literacy training, art events, and
sporting events for children in foster care
On 10-24-2013, the
original 05-27-2010 entry was modified to change “providing a volunteer
program” to “conducting programs” to avoid confusion with organizing and
conducting volunteer programs in Class 35. The status of the entry was also
changed from “A” added to “X” example.
041 Educational and entertainment services, namely, conducting
{indicate specific mode of instruction, e.g., classes, seminars, workshops,
etc.} in the field of {indicate field or subject matter, e.g., music, dance,
knitting, etc.} and distribution of course materials in connection therewith,
and education consulting related thereto
On 8-25-2011, this 2-10-2011
entry was deleted because it is covered by similar existing entries in the
Manual
041 Educational examination
On 8-25-2011, this
11-29-2007 entry was deleted because it is too similar to existing entry of
“Educational examination services”
009 Educational kit comprising DVDs featuring secondary level
curriculum on all scientific disciplines, along with teacher guides, sold as a
unit
07-04-2013: Status changed from “A” - Added to “X” -
example.
016 Educational kits sold as a unit in the field of {indicate
subject matter} consisting primarily of {indicate specific Class 16 printed
materials comprising the primary component(s) of the kits, e.g., pamphlets,
books, flash cards} and also including DVDs
07-04-2013: Status
changed from “A” - Added to “X” - example.
041 Educational programs, namely, pre-schools
On
8-25-2011, this 12-28-2006 entry was deleted because it is covered by the
entry of “Education services in the nature of early childhood instruction.”
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
016 Educational publications, namely, educational learning
cards, flash cards, activity cards, workbooks, textbooks, activity books,
story books, puzzle 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
whether educational in nature or not.
041 Educational services, namely, arranging and conducting
educational and networking seminars in the legal field
On 8-25-2011,
this 3-03-2011 entry was deleted because the subject matter is too specific to
be of use to a broad range of applicants. 07-25-2013: Acceptable entry changed
from “D” deleted to “X” example status. 06-18-2015: This entry was deleted as
the nature of the services are not clearly limited to Class 41. While all
“seminars” are classified as educational services, the use of the term
“networking” to describe the seminars is not limited to educational
services.
041 Educational services, namely, conducting {indicate
specific modes of instructions, e.g., classes, seminars, conferences,
workshops} in the field of {indicate specific field, e.g., intellectual
property, business development, etc.} and publishing and distributing
educational materials in connection therewith
On 1-28-2016, this
12-12-2013 entry was deleted because the wording “and publishing” caused
confusion, and because if only the wording “and publishing” is removed, the
remaining wording is already covered by existing entries in the Manual. When
applicants are providing both educational services and publishing services,
the recitation of services should make clear that those activities are being
performed as separate services for others.
041 Educational services, namely, conducting {indicate
specific mode of instructions, e.g., classes, seminars, conferences,
workshops} in the field of {indicate specific field, e.g., intellectual
property, business development, etc.} and distribution of course and
educational materials in connection therewith
On 8-25-2011, this
10-07-2010 entry was deleted because it is so similar to an existing fill-in
Manual entry. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
041 Educational services, namely, conducting on-line
exhibitions and displays and interactive exhibits in the field of {indicate
subject matter or field}
On 8-25-2011, this 8-6-2001 entry was
deleted because it is covered by a similar entry for “Educational services,
namely, providing displays and exhibits in the field of {indicate subject
matter or field}. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
041 Educational services, namely, conducting {indicate
specific mode of instructions, e.g., classes, seminars, conferences,
workshops} in the field of {indicate specific field, e.g. pet care, math, tax
preparation} and distribution of course materials in connection therewith in
printed or electronic format
On 8-25-2011, this 12-17-2009 entry was
deleted because it is virtually identical to an existing fill-in entry in the
Manual. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status. On 07-10-2014, this 07-25-2013 entry was modified to substitute the
wording, “...printed materials in connection therewith in hard copy or
electronic format...” with “...course materials in connection therewith in
printed or electronic format...” for consistency with other similar
entries.
041 Educational services, namely, conducting classes,
seminars, conferences, workshops, retreats, camps and field trips in the field
of {indicate specific field, e.g., pet care, math, tax preparation} and
distribution of training material in connection therewith
On
8-25-2011, this 11-18-2010 entry was deleted because it is so similar to an
existing fill-in Manual entry. 06-06-2013: Acceptable entry changed from
deleted “D” to example “X” status.
041 Educational services in the nature of correspondence
schools
On 8-25-2011, this 4-2-1991 was deleted because it is covered
by the existing entry of “Educational services in the nature of {indicate
specific area of specialty, e.g., fine arts, business correspondence course}
schools”. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Educational services, namely, providing web-based and
classroom training for certification of teachers and continuing education for
teachers and principals
On 8-25-2011, this 10-4-2007 entry was
amended from Educational services, namely, the offering of web-based and
classroom training for certification of teachers etc. to “Educational
services, namely, providing web-based and classroom training for certification
of teachers and continuing education for teachers and principals” for
clarity
041 Educational services, namely, conducting informal programs
in the fields of {indicate subject matter or field of programs}, using on-line
activities and interactive exhibits, and printable materials distributed
therewith
On 8-25-2011, this 8-24-2006 entry was deleted because it
is too similar to entry of “Educational services, namely, conducting informal
online programs in the fields of {indicate subject matter or field of
programs}and printable materials distributed therewith”. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
041 Educational services, namely, conducting distance learning
instruction at the secondary, college and graduate levels
On
8-25-2011, this 6-1-2004 entry was deleted and replaced with a new entry,
“Educational services, namely, conducting distance learning instruction at the
{indicate level of instruction, e.g., primary, secondary, college, university}
level”. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Educational services, namely, conducting on line and
telephonic instruction and courses in the field {indicate specific fields,
e.g. computers, music, art}
On 8-25-2011, this 8-13-2009 entry was
deleted because it is so similar to another fill-in-the-blank Manual entry.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Educational services, namely, providing classes, seminars,
workshops, presentations and retreats dealing with issues of concern for
caregivers, partners, wives and husbands of the chronically ill and/or
disabled
On 8-25-2011, this 4-2-2009 entry was deleted because the
subject matter is too specific to be of use to a broad range of applicants.
09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Educational services, namely, developing animation based
instructions for others in the field of consumer or manufacturing how-to
procedures
On 8-25-2011, this 9-04-2008 entry was deleted because the
subject matter is too specific to be of use to a broad range of applicants.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Educational services, namely, conducting distance learning
instruction at the university level
On 8-25-2011, this 8-28-2008
entry was deleted and replaced with a new entry, “Educational services,
namely, conducting distance learning instruction at the {indicate level of
instruction, e.g., primary, secondary, college, university} level”.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Educational services, namely, developing curriculum for
teachers
05-12-2011 Design and development of tangible goods and
visual displays is in Class 42, but design of intangible goods, such as
advertising, insurance policies, and educational curriculum, are classified
according to subject matter, and those services are classified in 35, 36, and
41, respectively. On 8-25-2011, this 8-21-2008 entry was deleted because it
is covered by an existing Manual entry for “Educational services, namely,
developing curriculum for educators”. 07-25-2013: Acceptable entry changed
from “D” deleted to “X” example status.
041 Educational services, namely, developing and conducting
training courses and distribution of training materials in connection
therewith for subject matters as requested by customers
On 8-25-2011,
this 7-17-2008 entry was deleted because it is awkwardly worded
041 Educational services, namely, developing and conducting
workouts, workshops, presentations, retreats, and personal training in
right-brain fitness
On 8-25-2011, this 5-29-2008 entry was deleted
because the subject matter is too specific to be useful to a broad range of
applicants. 06-06-2013: Acceptable entry changed from deleted “D” to example
“X” status.
041 Educational services, namely lectures, seminars,
conferences and university courses concerning world wide hunger
While
this wording may still be used as an acceptable identification, on 8-25-2011,
this 5-15-2008 entry was deleted because it is covered by an existing fill-in
Manual entry
041 Educational services, namely, conducting seminars,
lectures, teleseminars, teleclasses, and workshops in personal awareness
While this wording may still be used as an acceptable identification, on
8-25-2011, this 05-01-2008 entry was deleted because it is covered by an
existing fill-in Manual entry. 07-25-2013: Acceptable entry changed from “D”
deleted to “X” example status.
041 Educational services, namely, providing a reading program
designed to motivate children to read
On 8-25-2011, this 12-23-2010
entry was deleted because a program in this context is broad enough to include
a software program
041 Educational services, namely, providing online instruction
in the field of {indicate specific field, e.g., culinary arts, etc.}
On 8-25-2011, this 11-18-2010 entry was amended from “Educational services
namely, providing online instruction in the field of culinary arts” to a
fill-in entry of “Educational services, namely, providing online instruction
in the field of {indicate specific field, e.g., culinary arts, etc.}
041 Educational services, namely, conducting distance learning
instruction at the primary and secondary levels
On 8-25-2011, this
7-15-2010 entry was deleted and replaced with a new entry, “Educational
services, namely, conducting distance learning instruction at the {indicate
level of instruction, e.g., primary, secondary, college, university} level”.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
041 Educational services, namely, providing internships and
exchange programs in the fields of {indicate specific fields, e.g., business,
science, research, humanities, etc.}
On 8-25-2011, this 4-8-2010
entry was amended from “Educational services, namely, providing internships
and exchange programs in the fields of business, science, research, and
humanities” to a fill-in entry for the specific fields
041 Educational services, namely, developing curriculum for
educators
05-12-2011 Design and development of tangible goods and
visual displays is in Class 42, but design of intangible goods, such as
advertising, insurance policies, and educational curriculum, are classified
according to subject matter, and those services are classified in 35, 36, and
41, respectively.
041 Educational services, namely, providing incentives to
{indicate specific group, e.g. people, organizations, etc.} to demonstrate
excellence in the field of {indicate specific non-business related field}
This is similar to awards programs but the incentive to perform may not
be as tangible as an actual award.
041 Educational services, namely, developing curriculum for
others in the field of {indicate field or subject matter}
05-12-2011
Design and development of tangible goods and visual displays is in Class 42,
but design of intangible goods, such as advertising, insurance policies, and
educational curriculum, are classified according to subject matter, and those
services are classified in 35, 36, and 41, respectively.
041 Educational services, namely, providing {indicate form of
educational activity, e.g., classes, seminars, workshops} in the fields of
{indicate subject matter or fields of educational activity}
On
8-25-2011, this 5-1-2006 entry was deleted because it is covered by a
virtually identical fill-in Manual entry. 07-25-2013: Acceptable entry changed
from “D” deleted to “X” example status.
041 Educational services, namely, providing dolls and toys
designed to teach about and promote dental health
On 8-25-2011, this
1-1-2005 entry was deleted because it is awkwardly worded.
041 Educational testing services
On 8-25-2011, this
4-2-1991 entry was amended from “Educational testing” to “Educational testing
services”
035 Efficiency experts
On 1-1-13, the 04-02-1991
entry was deleted because it is indefinite, and this wording is no longer
acceptable. The Nice Alphabetical List entry “Efficiency experts,” was amended
to “Business efficiency expert services” in Class 35 under the Nice
Classification, Tenth edition, version 2013, effective 1-1-13.
029 Egg creams
Egg creams are milk-based beverages
containing milk and carbonated water as well as chocolate or vanilla
syrup.
021 Egg cups of precious metal
Transferred from Class
14 in accordance with 9th edition of Nice Agreement.
021 Egg rings
Egg rings are kitchen utensils used to
contain the shape of an egg during cooking.
022 Elastic bands for binding
These goods are in
Class 22 because bands not of metal for wrapping and binding are in the Nice
Alphabetical List in Class 22.
023 Elastic threads for textile use
On 03-28-2013,
the 04-02-1991 entry was modified by inserting “for textile use” to conform to
the Nice Alphabetical List and to distinguish the goods from “Elastic threads,
not for use in textiles” in Class 17.
017 Elastic threads, not for use in textiles
Elastic
thread for textile use is in Class 23.
023 Elastic yarns for textile use
On 03-28-2013, the
04-02-1991 entry was modified by inserting “for textile use” to conform to the
Nice Alphabetical List and to distinguish the goods from “Elastic yarns, not
for use in textiles” in Class 17.
017 Elastic yarns, not for use in textiles
Elastic
yarn for textile use is in Class 23.
006 Elbows of metal for pipes
While most metal pipes
and their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
008 Electric animal nail grinders
Animal nail
grinders, both electric and non-electric, are classified in Class 8 by analogy
to the wording “nail clippers, electric or non-electric” in the Nice
Alphabetical List in Class 8.
011 Electric apparatus for making coffee
7-2-09 -
This 1-8-09 entry was transferred from Class 7. That classification was in
error. This item is now in its correct class - Class 11
007 Electric arc cutting apparatus
These goods are in
the Nice Alphabetical List. These goods were transferred from Class 9 to Class
7 pursuant to the 10th Edition of the Nice Agreement.
007 Electric arc welders
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 4-2-1991 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
011 Electric autoclaves
1/29/09 - “electric” was
added to the 4/2/91 entry to clarify that autoclaves with self-contained heat
sources are in Class 11 while non-electric or autoclaves without an integrated
heat source are in Class 21 by analogy with non-electric pressure cookers.
009 Electric bark control dog collars
Electric bark
control dog collars are classified in Class 9 as teaching apparatus.
009 Electric bark control dog collars featuring {indicate
training device, e.g., citronella spray, static electricity, etc.}
Electric bark control dog collars is acceptable wording; further specification
is acceptable, but it is not required.
008 Electric beard trimmers
Pursuant to the 10th
edition of the Nice Agreement, “electric beard trimmers” are classified in
Class 8 with their non-electric counterparts. “Beard trimmers” is an
acceptable identification in Class 8; specification of whether the trimmers
are electric or non-electric is acceptable but not required.
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.
009 Electric capacitors for telecommunication apparatus
On 09-24-2015, this 07-20-2004 entry “Electric capacitors [for
telecommunication apparatus]” was amended to “Electric capacitors for
telecommunication apparatus” to match a change to the TM5 approved entry.
008 Electric cattle prods
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 6-2-2011 was transferred to
Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
012 Electric cigarette lighters for land vehicles
On
1-1-2012, this Class 9 electric or electrothermic apparatus entry of 4-2-1991
was transferred to Class 12 (as land vehicle parts), pursuant to the 10th
Edition of the Nice Agreement.
034 Electric cigarettes [electronic cigarettes]
On
10-16-2014, the 08-06-2009 entry was amended to add the bracketed information
to clarify the nature of the goods. The terms electric cigarettes and
electronic cigarettes are used interchangeably.
007 Electric clothing pressing machines for commercial dry
cleaning and laundry purposes including shirt press, collar and cuff press,
utility press, legger press, drapery press, pants topper, mushroom topper and
puff iron
10-03-2013: Entry status changed from “A” added to “X”
example.
011 Electric coffee roasters
Coffee roasters, both
electric and non-electric, are classified in Class 11 as a type of heating
apparatus.
021 Electric devices for attracting and killing insects
On 1-1-2012, this Class 9 electric or electrothermic apparatus entry of
4-2-1991 was transferred to Class 21 (the class of its non-electric
counterparts), pursuant to the 10th Edition of the Nice Agreement.
011 Electric discharge tubes for lighting
This entry
is in the Nice Classification List in 11. Electric discharge tubes other than
for lighting are in the Nice Classification List in 9.
011 Electric dispenser for air freshener
Goods
mistakenly entered in the Manual in Class 10 on 7-27-06. Corrected to Class 11
on 8-10-06.
009 Electric dispenser for shoe covers
1-1-2012 This
entry of 8-14-2008 concerning a Class 9 electric or electrothermic apparatus
was deleted, because absent the “electrical” nature of these goods, the exact
nature or purpose of these goods is unclear for purposes of reclassifying
these goods under the 10th Edition of the Nice Agreement.
007 Electric door closing system
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 10-18-2007 was
transferred to Class 7 (as machines), pursuant to the 10th Edition of the Nice
Agreement.
007 Electric door openers
On 1-24-2012, this Class 9
electric or electrothermic apparatus entry of 7-20-2004 was transferred to
Class 7(as machines), pursuant to the 10th Edition of the Nice Agreement.
007 Electric door openers and closers
On 1-24-2012,
this Class 9 electric or electrothermic apparatus entry of 11-8-2007 was
transferred to Class 7(as machines), pursuant to the 10th Edition of the Nice
Agreement.
007 Electric door opening and closing system
On
1-24-2012, this Class 9 electric or electrothermic apparatus entry of
10-18-2007 was transferred to Class 7(as machines), pursuant to the 10th
Edition of the Nice Agreement.
007 Electric door opening system
On 1-24-2012, this
Class 9 electric or electrothermic apparatus entry of 10-18-2007 was
transferred to Class 7(as machines), pursuant to the 10th Edition of the Nice
Agreement.
007 Electric ducted fan (EDF) motors, not for land
vehicles
Motors other than for land vehicles is acceptable wording;
further specification is acceptable, but it is not required.
007 Electric ducted fan (EDF) engines, not for land
vehicles
Engines not for land vehicles is acceptable wording; further
specification is acceptable, but it is not required.
011 Electric fireplaces
Fireplaces is acceptable
wording; further specification is also acceptable, but it is not required.
008 Electric flat irons
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 7-20-2004 was transferred to
Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
011 Electric French presses
A French press is a
coffee pot containing a plunger that pushes the coffee grounds to the bottom
of the pot when the coffee is ready to be poured.
007 Electric fruit presses for household use
11-07-2013 - “Electric fruit presses“ is acceptable wording in Class 7;
further specification of the purpose or use of the goods is acceptable, but it
is not required.
007 Electric fruit presses for industrial purposes
Electric fruit presses” is acceptable wording in Class 7; further
specification of the purpose or use of the goods is acceptable, but it is not
required.
007 Electric fruit presses
Electric fruit presses for
both household and industrial purposes are classified in Class 7.
009 Electric gate operators
On 1-24-2012, this Class
9 entry of 4-2-1991 was deleted, because absent the “electric” nature of these
goods the exact nature of these goods is unclear for purposes of reclassifying
these goods under the 10th Edition of the Nice Agreement.
011 Electric griddles [cooking appliances]
On
01-17-13, this 04-02-1991 entry was modified by inserting the bracketed
wording. These goods are classified in Class 11 as cooking appliances.
Non-electric griddles are classified in Class 21 as cooking utensils.
021 Electric hair combs
There is no heat aspect to
these goods.
008 Electric hair crimper
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 7-1-2004 was transferred to
Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
026 Electric hair curlers, other than hand implements
On 1-1-2012, this Class 9 electric or electrothermic apparatus entry of
4-2-1991 was transferred to Class 26 (the class of its non-electric
counterparts), and the wording “other than hand implements” was added to
distinguish these goods from Class 8 hand implements, pursuant to the 10th
Edition of the Nice Agreement.
008 Electric hair curling irons
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 1-1-1995 was transferred
to Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
026 Electric hair rollers
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 7-1-2004 was transferred to
Class 26 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
008 Electric hair straightening irons
On 1-1-2012,
this Class 9 electric or electrothermic apparatus entry of 4-1-2006 was
transferred to Class 8 (the class of its non-electric counterparts), pursuant
to the 10th Edition of the Nice Agreement.
008 Electric hair straightener
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 7-1-2004 was transferred
to Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
026 Electric hair waving implements
On 1-1-2012, this
entry of 8-19-2010 concerning a Class 9 electric or electrothermic apparatus
was transferred to Class 26, (the class of their non-electric counterparts)
pursuant to the 10th Edition of the Nice Agreement.
026 Electric hair-curlers, other than hand implements
On 1-1-2012, this Class 9 electric or electrothermic apparatus entry of
7-20-2004 was transferred to Class 26 (the class of its non-electric
counterparts), and the wording “other than hand implements” was added to
distinguish these goods from Class 8 hand implements, pursuant to the 10th
Edition of the Nice Agreement.
008 Electric hand-held hair styling irons
On
1-1-2012, this Class 9 electric or electrothermic apparatus entry of 6-1-2006
was transferred to Class 8 (the class of its non-electric counterparts),
pursuant to the 10th Edition of the Nice Agreement.
011 Electric hot air hand dryers
Hand dryers is
acceptable wording; further specification is acceptable, but it is not
required.
021 Electric hot brushes
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 4-2-1991 was transferred to
Class 21 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
021 Electric hot combs
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 4-2-1991 was transferred to
Class 21 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
008 Electric irons
On 1-1-2012, this Class 9 electric
or electrothermic apparatus entry of 7-20-2004 was transferred to Class 8 (the
class of its non-electric counterparts), pursuant to the 10th Edition of the
Nice Agreement.
008 Electric irons for styling hair
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 7-1-2006 was transferred
to Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
009 Electric light switch plaster rings
Electric
light switch plaster rings are frames to reinforce the drywall around the hole
cut in the drywall for an electric light switch.
011 Electric luminaries
Class changed from 9 to 11
since these items serve to illuminate.
021 Electric make-up removing appliances
On 1-1-2012,
this Class 9 electric or electrothermic apparatus entry of 8-18-2011 was
transferred to Class 21 (the class of its non-electric counterparts), pursuant
to the 10th Edition of the Nice Agreement.
007 Electric mixers [kitchen machines]
On 07-21-2011
this 01-01-1995 entry was amended to add the word “electric” in order to be
consistent with other entries for power-operated household machines
007 Electric nail extractors
Electric nail extractors
are power tools typically used for construction or building purposes.
008 Electric nail files
Nail files is acceptable
wording; further specification is acceptable, but it is not required.
007 Electric nail pullers
Electric nail pullers are
power tools typically used for construction or building purposes.
020 Electric piano keyboard bench
On 11-29-2012, this
02-03-11 entry was transferred from Class 15 to Class 20 based on discussions
at the 22nd Session of the Nice Union Committee of Experts meeting.
009 Electric pocket translators
On 04-02-2015, the
07-20-2004 entry, “Electric pocket translators” was deleted because these
goods are referred to as “Electronic pocket translators” or just “Pocket
translators” rather than “Electric pocket translators.”
007 Electric power generators for emergency use
These
goods are in the Nice Agreement's Alphabetical List in Class 7.
007 Electric powered soldering irons
On 1-1-2012,
this Class 9 electric or electrothermic apparatus entry of 6-1-2001 was
transferred to Class 7 (as machines), pursuant to the 10th Edition of the Nice
Agreement.
009 Electric resistors for telecommunication apparatus
On 09-24-2015, this 07-20-2004 entry “Electric resistors [for
telecommunication apparatus]” was amended to “Electric resistors for
telecommunication apparatus” to match a change to the approved TM5 entry.
021 Electric rotary hair brush for styling a user's hair
On 1-1-2012, this Class 9 electric or electrothermic apparatus entry of
8-1-2004 was transferred to Class 21 (the class of its non-electric
counterparts), pursuant to the 10th Edition of the Nice Agreement.
007 Electric soldering apparatus
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 7-20-2004 was
transferred to Class 7 (as machines), pursuant to the 10th Edition of the Nice
Agreement.
007 Electric soldering irons
On 1-1-2012, this Class
9 electric or electrothermic apparatus entry of 11-8-2007 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
021 Electric trouser presses
“Trouser presses” is an
acceptable identification; further specification of whether the goods are
electric or non-electric is acceptable, but it is not required.
011 Electric vaporizers for household purposes
On
01-01-2015, this 04-02-1991 entry was amended to add the wording “for
household purposes” to clarify the nature of the goods. Vaporizers are
classified according to their purpose or function. Consult the ID Manual for
examples of vaporizers which are classified in other classes, such as
“Vaporizers for medical purposes” in Class 10 or “Oral vaporizers for smokers”
in Class 34.
009 Electric welding apparatus
This entry was deleted
prior to 1/1/2007 because the term “apparatus” is broad enough to encompass
electric welding machines in Class 7.
009 Electrical adapters
On 01-01-2015, this
07-20-2004 entry for “adapters [electricity]” was amended to add the bracketed
wording to make clear the nature of the goods, and in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
009 Electrical annunciators
Electrical annunciators
are signaling apparatus that display a visual indication when charged by
electric current.
021 Electrical applicators for applying cosmetics to the
skin
On 1-1-2012, this Class 9 electric or electrothermic apparatus
entry of 5-27-2010 was transferred to Class 21 (the class of its non-electric
counterparts), pursuant to the 10th Edition of the Nice Agreement.
009 Electrical circuits for use in amusement game machines for
reproducing music, speech and special effects
On 1-1-2012 this entry
of 4-12-1999 was deleted. Under the 10th Edition of the Nice Agreement, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading. This identification combines goods in classes 9 and 28.
“Electrical circuits, sold separately, for use in amusement game machines for
reproducing music, speech and special effects” are in Class 9, and “Electrical
circuits sold as an integral component in amusement game machines for
reproducing music, speech and special effects” are in Class 28.
009 Electrical controllers
09-15-11 This wording is
not to be used interchangeably with “electronic controllers.” An “electric” or
“electrical” controller is used in the control of electricity. An “electronic
controller” is an electronic device that is used to control the movement or
position of a piece of equipment. As a result, it is necessary to specify for
the “electronic controller” what is being controlled.
009 Electrical elevator parts, namely, pushbuttons, signal
fixtures and emergency lighting
1-1-2012 This entry of 2-1-2006
concerning a Class 9 electric or electrothermic apparatus was deleted, because
absent the “electrical” nature of these goods the exact nature or purpose of
these goods is unclear for purposes of reclassifying these goods under the
10th Edition of the Nice Agreement.
017 Electrical insulating tapes
09-26-2013: Status of
entry changed from “A”-Added to “X”-Example.
009 Electrical outlet box plaster rings
Electrical
outlet box plaster rings are frames to reinforce the drywall around the hole
cut in the drywall for an electrical outlet.
011 Electrical rice cookers
On 05-17-2012, the entry
of 06-01-2001 was amended from “electric rice cookers” to the Trilateral
approved entry “electrical rice cookers.”
009 Electrical signal attenuators
On 05-30-2013, the
07-01-2001 entry was amended to add “Electrical signal” to clarify the use and
nature of the goods. Electrical signal attenuators are devices that attenuate
electrical signals by reducing the amplitude of the signal without significant
distortion.
028 Electrical stimulation belts for strengthening abdominal
muscles
Goods described as Abdominal belts are typically for medical
purposes, e.g., abdominal hernia belts, postpartum abdominal belts, etc., and
therefore, this wording is acceptable in Class 10. However, electrical
stimulation belts for strengthening or toning abdominal muscles are classified
in Class 28 as body training apparatus.
010 Electrical weight loss body belt
11-10-2011:
These goods are in the nature of apparatus for treating the physical condition
of being overweight and thus, these goods are in Class 10.
009 Electrically insulated housings for electrical apparatus
made from synthetic plastic material
1-1-2012 - This Class 9 electric
or electrothermic apparatus entry of 4-3-2008 has been deleted. Absent the
“electrical” nature of these goods, the exact purpose or nature of these goods
is unclear for purposes of reclassification under the 10th Edition of the Nice
Agreement.
021 Electrically-heated hair brushes
6-24-10 - This
item is in Class 9 based on the Class 9 Explanatory Note in the Nice Agreement
that reads: This class includes, in particular: ...apparatus and devices
which, if not electrical, would be listed in various, classes, i.e.,
electrically heated clothing, cigar-lighters for automobiles. . 1-1-2012 -
This Class 9 electric or electrothermic entry of 8-1-2004 was transferred to
Class 21 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
011 Electrically-heated mugs
6-17-10 - This 8-1-02
entry was transferred from Class 11 based on the Class 9 Explanatory Note in
the Nice Agreement that reads: This class includes, in particular:
...apparatus and devices which, if not electrical, would be listed in various,
classes, i.e., electrically heated clothing, cigar-lighters for automobiles.
By analogy with the electrically heated clothing in the Note and the Nice
Alphabetical List, electrically-heated mugs should be in Class 9 rather than
Class 11. 1-1-2012 - This Class 9 electric or electrothermic apparatus entry
of 6-17-2010 was transferred to Class 11 (the class of its heated,
non-electric counterparts), pursuant to the 10th Edition of the Nice
Agreement.
011 Electrically-heated luggage
This item is in Class
9 based on the Class 9 Explanatory Note in the Nice Agreement that reads: This
class includes, in particular: ...apparatus and devices which, if not
electrical, would be listed in various, classes, i.e., electrically heated
clothing, cigar-lighters for automobiles. 1-1-2012 This Class 9 electric or
electrothermic apparatus entry of 6-24-2010 was transferred to Class 11 (the
class of its heated, non-electric counterparts) pursuant to the 10th Edition
of the Nice Agreement.
011 Electrically-powered handheld vaporizers for vaporizing
vaporizable constituents of herbal and plant matter for creating an aroma for
household use [not smokers' articles]
On 10-16-2014, the 01-20-2011
entry was amended to add the wording “for household use [not smokers'
articles]” for clarity. Please note that “Smokeless cigar vaporizer pipes”
and “Smokeless cigarette vaporizer pipes” are classified in Class 34 as
smokers' articles.
012 Electrically-powered motor scooters
On
01-01-2016, this 02-07-2013 entry was modified to add the word “motor” to
clarify the nature of the goods. Under Nice 10-2016, the specific type of
vehicle scooters should be indicated, e.g., motor scooters, water scooters,
mobility scooters, or push scooters. Toy scooters are classified in Class
28.
009 Electricity distribution consoles
On 1-1-2012,
this entry of 6-1-2001 “electric distribution consoles” was amended to match
the entry “electricity distribution consoles” in the Nice Alphabetical List in
Class 9 under the 10th Edition of the Nice Agreement.
040 Electro and metal coating, metal treating and casting,
hardening of metal and metal products
On 09-01-2016, this 07-20-2004
entry was deleted because the term “metal coating” caused confusion in Class
40. While “Applying decorative and protective coatings to metal by means of
galvanization” is acceptable in Class 40, “Metal alloy coating services” are
classified in Class 37. This ID, as currently worded, is no longer
acceptable.
010 Electroencephalography kit consisting of an electrode
headset, a digital recorder and transmitter, a tablet computer monitor, and
instructions for use in medical settings including emergency departments,
ambulances, intensive care units, and physician's offices
07-04-2013:
Status changed from “A” - Added to “X” - example.
010 Electrolarynxes
An electrolarynx is a medical
device held to the user’s throat for transmitting vibration sounds and
allowing speech.
028 Electronic and electro-mechanical casino gaming tables
with video output
These are calibrated gambling machines and are,
therefore, in 9, not 28. 1-1-2012 This entry of 6-1-2001 was transferred from
Class 9 in accordance with the 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “Games and playthings” are
in the Class 28 Heading. On 10-09-2014, the 1-1-2012 entry was modified by
inserting “casino” to make clear that “gaming” in this context refers to
gambling, and not recreational computer game playing.
009 Electronic and video game controllers incorporated into
exercise machines
On 1-1-2012 this entry of 8-1-2005 was deleted.
Under the 10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading. Because this identification may
combine goods in more than one class, and it is unclear if these goods are
sold separately or sold as a unit, it has been deleted.
009 Electronic animal confinement system
09-26-2013:
Status of entry changed from “A”-Added to “X”-Example.
009 Electronic books featuring {indicate subject matter}
recorded on computer media
These goods are electronic publications
and not the devices on which they are read. Non-downloadable publications are
considered services in Class 41.
009 Electronic chips for the manufacture of integrated
circuits
On 04-02-2015, the 07-04-2004 entry, “Electronic chips for
the manufacturer of integrated circuits” was amended to “Electronic chips for
the manufacture of integrated circuits” to match the TM5 approved entry.
034 Electronic cigarette liquid (e-liquid) comprised of
vegetable glycerin
E-liquids comprised of vegetable glycerin are
classified in Class 1 because the goods are in the nature of chemicals.
E-liquids comprised of flavorings, other than essential oils, are classified
in Class 30, because Flavorings [other than essential oils] is classified in
Class 30. 01-01-2015: On 01-01-2015, this 02-13-2014 entry was transferred
from Class 1 to Class 34 in compliance with the Nice Classification, Tenth
edition, version 2015, effective 01-01-2015. The goods are classified in
Class 34 as smokers' articles by analogy to “Liquid nicotine solutions for use
in electronic cigarettes” which was added to the Alphabetical List in Class
34.
034 Electronic cigarette liquid (e-liquid) comprised of
propylene glycol
E-liquids comprised of propylene glycol are
classified in Class 1 because the goods are in the nature of chemicals.
E-liquids comprised of flavorings, other than essential oils, are classified
in Class 30, because Flavorings [other than essential oils] is classified in
Class 30. 01-01-2015: On 01-01-2015, this 02-13-2014 entry was transferred
from Class 1 to Class 34 in compliance with the Nice Classification, Tenth
edition, version 2015, effective 01-01-2015. The goods are classified in
Class 34 as smokers' articles by analogy to “Liquid nicotine solutions for use
in electronic cigarettes” which was added to the Alphabetical List in Class
34.
034 Electronic cigarette refill cartridges sold empty
On 03-29-2012, the 10-27-2011 entry was amended by inserting “sold empty” to
clarify the nature of the goods. Cartridges sold filled with propylene glycol
for electronic cigarettes are in Class 1. 01-01-2015: Cartridges sold filled
with propylene glycol for electronic cigarettes are classified in Class 34 in
compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
034 Electronic cigarette lanyards
Electronic
cigarette lanyards are classified in Class 34 because they are smokers
articles’ adapted for use with electronic cigarettes. General purpose lanyards
for holding items are classified in Class 22.
034 Electronic cigarette liquid (e-liquid) comprised of
flavorings in liquid form, other than essential oils, used to refill
electronic cigarette cartridges
On 01-01-2015, this 06-13-2013 entry
was transferred from Class 30 to Class 34 in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Flavorings
for food or beverages are classified in Class 30. 01-01-2016: On 01-01-2016,
this 01-01-2015 entry was amended to add “other than essential oils” to
clarify the nature of the goods and the justification for their
classification. “Essential oils” appears in the Nice Alphabetical List in
Class 3. Flavorings that are essential oils are classified in Class 3,
including food, beverage, or tobacco flavorings that are essential oils.
009 Electronic circuits for {specify function, e.g.,
manipulating voltage, etc.}
Electronic circuits is acceptable
wording; further specification is acceptable, but it is not required.
009 Electronic components for gambling machines
On
1-1-2012 this entry of 12-11-2008 was deleted. Under the 10th Edition, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading. Because this identification combines goods in more than one class,
and it is unclear if these goods are sold separately or sold as a unit, it has
been deleted.
009 Electronic components for slot machines
On
1-1-2012 this entry of 12-11-2008 was deleted. Under the 10th Edition, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading. Because this identification combines goods in more than one class,
and it is unclear if these goods are sold separately or sold as a unit, it has
been deleted.
009 Electronic controllers for {indicate goods being
controlled} [excluding gaming apparatus]
09-15-11 This wording is not
to be used interchangeably with “electrical controller.” An “electric” or
“electrical” controller is used in the control of electricity. An “electronic
controller” is an electronic device that is used to control the movement or
position of a piece of equipment. As a result, it is necessary to specify for
the “electronic controller” what is being controlled. On 01-10-2013, this
10-10-2007 entry: “Electronic controllers for {indicate goods being
controlled}” was modified to add the wording “[excluding gaming apparatus]” to
make clear that these controllers do not include video game controllers
classified in Class 28 with other “games and playthings” as per the 10th
Edition of Nice.
036 Electronic credit card transaction processing
On
01-01-2016, this 01-02-1997 entry was modified to replace “transactions” with
“transaction processing” in order to clarify the nature of the activity in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
042 Electronic data storage
01-01-2014 “Electronic
data storage” was added to the Nice Classification, Tenth edition, version
2014, effective 1-1-14.
009 Electronic database in the field of {indicate subject
matter or field} recorded on computer media
“Recorded on computer
media” refers to recordation of the database on a physical computer medium
such as a CD, DVD or tape. It does not refer to the database being made
available online as a service.
036 Electronic debit card transaction processing
On
01-01-2016, this 01-02-1997 entry was modified to replace “transactions” with
“transaction processing” in order to clarify the nature of the activity in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
042 Electronic digitizing of photographs into a computer
readable media [NOT the taking of digital photographs]
10-8-09 - the
9-1-95 entry was transferred from Class 40 since digitizing is an electronic
conversion process in Class 42 and not a material treatment in Class
40.Digitizing is an electronic conversion process in Class 42 and not a
material treatment service in Class 40.
009 Electronic disc title printers
01-01-2016:
Electronic disc title printers are not used for 3D printing purposes. 3D
printers are additive manufacturing machines that create or build
three-dimensional solid objects by laying down successive layers of material,
and thus, are classified as “machines” which is in the Class Heading for Class
7.
009 Electronic door closing systems
1-1-2012 - This
Class 9 electric or electrothermic apparatus of 7-20-2004 has been deleted.
Under the 10th Edition of the Nice Agreement, Class 9 electric or
electrothermic apparatus were transferred to Class 7 (as machines). It is
unclear whether the use of the term “electronic” is broader than the term
“electric.” Therefore, this entry has been deleted because the proper
classification for these goods is unclear.
009 Electronic door closing system
1-1-2012 - This
Class 9 electric or electrothermic apparatus of 10-18-2007 has been deleted.
Under the 10th Edition of the Nice Agreement, Class 9 electric or
electrothermic apparatus were transferred to Class 7 (as machines). It is
unclear whether the use of the term “electronic” is broader than the term
“electric.” Therefore, this entry has been deleted because the proper
classification for these goods is unclear.
009 Electronic door opening and closing system
1-1-2012 - This Class 9 electric or electrothermic apparatus entry of
10-18-2007 has been deleted. Under the 10th Edition of the Nice Agreement,
Class 9 electric or electrothermic apparatus were transferred to Class 7 (as
machines). However, it is unclear whether the use of the term “electronic” is
broader than the term “electric.” Therefore, this entry has been deleted
because the proper classification for these goods is unclear.
009 Electronic door opening system
1-1-2012 - This
Class 9 electric or electrothermic apparatus entry of 10-18-2007 has been
deleted. Under the 10th Edition of the Nice Agreement, Class 9 electric or
electrothermic apparatus were transferred to Class 7 (as machines). However,
it is unclear whether the use of the term “electronic” is broader than the
term “electric.” Therefore, this entry has been deleted because the proper
classification for these goods is unclear.
009 Electronic door openers
1-1-2012 - This Class 9
electric or electrothermic apparatus entry of 4-2-1991 has been deleted. Under
the 10th Edition of the Nice Agreement, Class 9 electric or electrothermic
apparatus were transferred to Class 7 (as machines). However, it is unclear
whether the use of the term “electronic” is broader than the term “electric.”
Therefore, this entry has been deleted because the proper classification for
these goods is unclear.
009 Electronic downloadable publications, namely, {indicate
specific nature of publication} for use by medical professionals in the field
of science and medicine
Requirement of indicating the nature of the
publication added to be consistent with other publication identifications.
4-15-10 - The word “namely” was inserted after “downloadable publications.” It
was inadvertently left out of the original ID and is necessary to make the ID
clear concerning the nature of the publications. 5-20-10 - Providing a website
featuring specific types of downloadable publications is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable publications in Class 9 or services in the
nature of website hosting in Class 42.
009 Electronic drum triggers
Electronic drum triggers
are sensors used in connection with drums which send signals to drum modules
to produce the corresponding sound.
028 Electronic educational game machines for children
01-07-2010 - These game machines are self-contained. They are not used with an
external screen or monitor. If they require use with an external screen or
monitor, they should be in Class 9. 05-01-2014 - Under the 10th Edition of
the Nice Agreement, effective 01-01-2012, all game apparatus are classified in
Class 28 because “Games and playthings“ are in the Class 28 Heading. The
classification of electronic game apparatus no longer depends on whether the
goods are for use with an external display screen or monitor.
009 Electronic educational apparatus, namely, communication
blocks that manipulate and convey information electronically based on their
arrangement and are used for cognitive development in disciplines such as
counting, spelling or quantitative
08-29-2013: Entry status changed
from “A” added to “X” example.
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.
009 Electronic equipment, namely, transformers, baluns, and
cables, all used in connection with computers, computer peripheral devices,
televisions, audio-video equipment, closed-circuit TV equipment and
telecommunication equipment
08-29-2013: Entry status changed from “A”
added to “X” example. 08-13-2015: Grammar correction to add “and” before
“cables” and “all” before “used in connection with.”
036 Electronic financial trading services
09-23-10:
This entry refers to financial trading services rendered by the trademark
owner for the consumer. It does not refer to the provision of technology
enabling computer users to perform the trading activities.
009 Electronic game software, namely, an electronic craps
game
1-1-2012 This entry of 8-24-2006 was deleted. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading and computer software is in Class 9. Because the exact
nature of these goods is not clear, this entry has been deleted.
009 Electronic game software, namely, an electronic video
craps game
1-1-2012 This entry of 8-24-2006 was deleted. This entry
of 8-24-2006 was deleted. Under the 10th Edition, all game apparatus are in
Class 28 because “games and playthings” are in the Class 28 Heading and
computer software is in Class 9. Because the exact nature of these goods is
not clear, this entry has been deleted.
028 Electronic games for the teaching of children
1/7/10 - These games are not downloadable programs and are not used with
external screens or monitors.
028 Electronic gaming machines, namely, devices which accept a
wager
On 1-1-2012 this entry of 5-13-2010 was transferred from Class
9 to Class 28 in accordance with the 10th Edition of Nice Agreement. Under the
10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading.
040 Electronic imaging, scanning, digitizing, alteration
and/or retouching of {indicate type of visual material, e.g. photographic
images, artwork, paintings, etc.}
10-8-09 - The 9-1-95 entry was
deleted because it included services in classes other than Class 40.
Electronic imaging, scanning and digitizing are Class 42 computer services,
whereas digital imaging is a Class 41 photography service and photography
services are classified in Class 41. A new entry for alteration and
retouching of visual material has been added to Class 40.
028 Electronic interactive board games for use with external
monitor
On 1-1-2012, this entry of 8-9-2007 was transferred from
Class 9 in accordance with the 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
042 Electronic legal discovery consulting services
On
5-5-2011, this 9-11-2008 ID was deleted because it is broad enough to
encompass litigation support services in Class 45.
038 Electronic mail services for data and voice
On
01-01-2016, this 07-30-2009 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, “electronic mail services” or “electronic mail” is indefinite and
overly broad because the activity provided in connection with electronic mail
is unclear.
038 Electronic mail services
On 01-01-2016, this
04-02-1991 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, “electronic
mail services” or “electronic mail” is indefinite and overly broad because the
activity provided in connection with electronic mail is unclear.
009 Electronic measuring device that displays a manual
wheelchair user's propulsion activity, namely, number of pushes, distance
traveled, speed, and cadence
08-29-2013: Entry status changed from
“A” added to “X” example.
038 Electronic messaging services
On 01-01-2016, this
11-22-2007 entry was modified from “Electronic mail and messaging services” to
“Electronic messaging services” in compliance with the Nice Classification,
Tenth edition, version 2016, effective 01-01-2016. Under Nice 10-2016,
“electronic mail services” or “electronic mail” is indefinite and overly broad
because the activity provided in connection with electronic mail is
unclear.
042 Electronic monitoring of {indicate physical property or
condition, e.g., atmospheric pressure, sewer systems, etc.} using computers
and sensors [electronic data collection]
Electronic monitoring
services involving the use of computers, sensors, or other technology to
detect and measure a physical property or observe a physical condition are
classified in Class 42 as technology services. These electronic monitoring
services are limited to electronic data collection only. Monitoring services
rendered for a particular purpose must indicate the purpose in the ID, and
they must be classified according to the purpose of the activity.
045 Electronic monitoring services for security purposes in
the field of {indicate what is being monitored}
This service involves
monitoring for security purposes. Other monitoring services in areas such as
usage, technical problems, etc. are in Class 42.
009 Electronic motor vehicle ignition tuning kits comprised of
an electronic control unit that monitors engine performances and delivers
re-calculated sensor values to the original engine control unit to increase
engine performance
07-04-2013: Status changed from “A” - Added to “X”
- example.
036 Electronic payment services by which utility customers may
apply money from various sources for payment of energy costs
10-03-2013: Entry status changed from “A” added to “X” example.
036 Electronic payment services involving electronic
processing and subsequent transmission of bill payment data
On
09-27-2012, this 04-02-1991 entry, “Electronic payment, namely, electronic
processing and transmission of bill payment data,” was modified to “Electronic
payment services involving electronic processing and subsequent transmission
of bill payment data” because electronic transmission of payment data alone,
is considered a telecommunications service in Class 38.
018 Electronic pet collars
On 01-01-2016, this
10-01-2002 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. The identification is indefinite
and broad because the purpose of the goods is unclear. “Electronic collars to
train animals” is classified in Class 9 based on the wording “teaching
apparatus and instruments” in the Class 9 Heading.
009 Electronic publications, namely, {indicate specific type
of publication, e.g., book, magazine, manual} featuring {indicate subject
matter} recorded on computer media
“Recorded on computer media”
refers to recordation of the publications on a physical computer medium such
as a CD, DVD or tape. It does not refer to the publication being made
available online as a service.
041 Electronic publishing services, namely, publication of
text and graphic works of others on {indicate format, e.g., CD, DVD, on-line}
featuring {indicate specific subject matter}
03-02-2002 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 does not result in a user receiving a downloadable
publication or hard goods. 05-08-2008 - This service is different from
providing the publication itself. This service encompasses the preparation of
the works for online publication, not providing the work itself.
035 Electronic retailing services via computer featuring
{INDICATE field 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 nature of the activity,
e.g., stores, distributorships, outlets, etc. must be indicated.
009 Electronic sensors for measuring solar radiation
On 04-02-2015, the 07-20-2004 entry, “Electronical sensors for measuring solar
radiation” was amended to “Electronic sensors for measuring solar radiation”
to match the TM5 approved entry.
035 Electronic signature verification services provided in
connection with banking and financial services
On 05-01-2014, this
05-18-07 entry was deleted because “electronic signature verification” is
overbroad and inclusive of Class 45 verification services for security
purposes.
009 Electronic software updates, namely, downloadable computer
software and associated data files for updating computer software in the
fields of {indicate fields}, provided via computer and communication
networks
5-20-10 - Providing a website featuring downloadable
software for {specify function of the programs} is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable software in Class 9, or whether the applicant is
offering services in the nature of website hosting in Class 42.
009 Electronic sports training simulators for simulating
{indicate, e.g., defensive basketball plays, sports defense, etc.} [computer
hardware and software-based teaching apparatus]
“Electronic sports
training simulators” is acceptable wording; further specification is also
acceptable, but it is not required.
009 Electronic sports training simulators [computer hardware
and software-based teaching apparatus]
On 2-28-13, this 04-19-2007
entry was modified by inserting the bracketed wording and transferring it from
Class 28 to Class 9 because the function of the goods is comparable to the
function of “Simulators for the steering and control of vehicles,” which
appears in the Nice Alphabetical List in 9. These goods are in the nature of
computer hardware and software-based apparatus designed to re-create
conditions of a sport so that the user can practice using sports equipment or
practice other skills used to play the sport. These goods are not video game
machines that consumers would find in arcades or otherwise use for
entertainment or recreational purposes; video game machines for simulating
sports are in Class 28. Electronic sports training simulators function as
computers, and they are used for sports training purposes.
010 Electronic stimulation apparatus for {specify part of
body, e.g., nerves, skin, muscles, etc.} for physical therapy purposes
On 01-31-2013, this 09-01-1995 entry was modified by changing
“stimulator” to “stimulation apparatus” and inserting “for physical therapy
purposes” to make clear the nature of the goods in Class 10.
042 Electronic storage of {indicate subject matter, e.g.
messages, data}
On 01-01-2014, this 09-01-1995 entry was transferred
from Class 39 to Class 42, pursuant to the addition of “Electronic data
storage” to the Nice Classification, Tenth edition, version 2014, effective
1-1-14.
042 Electronic storage of documents and archived e-mails
On 01-01-2014, this 05-13-2010 entry “Electronic document and e-mail
archiving services” was amended to “Electronic storage of documents and
archived e-mails” and was transferred from Class 39 to Class 42, pursuant to
the addition of “Electronic data storage” to the Nice Classification, Tenth
edition, version 2014, effective 1-1-14.
042 Electronic storage of electronic media, namely, images,
text and audio data
On 01-01-2014, this 06-01-2001 entry “Storage of
electronic media, namely, images, text and audio data” was amended to
“Electronic storage of electronic media, namely, images, text and audio data”
and was transferred from Class 39 to Class 42, pursuant to the addition of
“Electronic data storage” to the Nice Classification, Tenth edition, version
2014, effective 1-1-14.
042 Electronic storage of files and documents
On
01-01-2014, this 06-01-2001 entry was transferred from Class 39 to Class 42,
pursuant to the addition of “Electronic data storage” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
042 Electronic storage services for archiving electronic
data
On 01-01-2014, this 10-29-2009 entry “Storage services for
archiving electronic data” was amended to “Electronic storage services for
archiving electronic data” and was transferred from Class 39 to Class 42,
pursuant to the addition of “Electronic data storage” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
042 Electronic storage services for archiving databases,
images and other electronic data
On 01-01-2014, this 09-04-2001 entry
“Storage services for archiving databases, images and other electronic data”
was amended to “Electronic storage services for archiving databases, images
and other electronic data” and was transferred from Class 39 to Class 42,
pursuant to the addition of “Electronic data storage” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
009 Electronic taximeters
These goods are electronic
apparatus installed in taxi cabs or other vehicles for measuring and
calculating passenger fares.
009 Electronic test and measurement devices for use in the
fields of networks and telecommunications, namely, instrumentation used to
test and certify new and existing data and voice communication cable and
coaxial cable
08-29-2013: Entry status changed from “A” added to “X”
example.
009 Electronic timers
No longer a trilateral entry as
of 6-28-07 but still acceptable in the USPTO.
038 Electronic transmission of e-mail for {specify purpose,
e.g., operations and information management, etc.}
On 01-01-2016,
this 11-08-2012 entry was modified from “Electronic mail services for {specify
purpose, e.g., transmitting data regarding medical office administration,
operations and information management, etc.}” to the current entry in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016 “electronic mail services” or
“electronic mail” is indefinite and overly broad because the activity provided
in connection with electronic mail is unclear. Electronic transmission of
e-mail is acceptable wording; further specification is acceptable, but it is
not required.
038 Electronic transmission of e-mail
On 01-01-2016,
this 11-22-2007 entry was modified from “Electronic mail” to “Electronic
transmission of e-mail” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, “electronic
mail services” or “electronic mail” is indefinite and overly broad because the
activity provided in connection with electronic mail is unclear.
009 Electronic valves for controlling gas or fluids
Note that manually operated metal valves are in Class 6; valves being machine
parts and engine valves for vehicles and machinery are in Class 7; valves for
plumbing 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 transmission of voice messages by telephone
“Storage” was
deleted from this recitation. Due to advances in technology, storage of
electronic data is a separate service in Class 42. The main service here is
the recording and transmission of the data. Storage in this context is usually
very brief and ancillary to the primary service rendered. On 01-16-2014, this
Note was modified to indicate that electronic storage services are in Class
42. Prior to 01-01-2014, USPTO classified electronic storage services in Class
39.
042 Electronically tracking and monitoring computer chips worn
by sporting participants using computer technology
Monitoring
services in Class 42 typically involve the use of computers, sensors, and
other technology to evaluate a mechanical or technological function, or
observation and evaluation to ensure functionality, i.e., quality control.
Class 42 monitoring services also include observation of a physical condition
to determine any changes in that condition.
040 Electrophoretic coating services
Also called
“electrocoating,” “electropainting,” or “e-coating,” electrophoretic coating
is an industrial process for depositing pigment onto metal, or any
electrically conductive surface, by using an electrical charge.
007 Electroplating machines
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 4-12-1999 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
007 Electrostatic coating machines
Analogous to
electroplating machines that are also in Class 7. On 08-04-2016, this Class 9
electric or electrothermic apparatus entry of 08-01-2003 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
011 Electrostatic water treatment apparatus for use in
{indicate application(s), e.g., thermoelectric power generation, irrigation,
mining activities, etc.}
Electrostatic water treatment apparatus is
acceptable; further specification is also acceptable, but it is not
required.
009 Electro-optic transducers
Electro-optic
transducers are devices that convert electrical current into light, or convert
light into electrical voltage.
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
goods or services provided controls classification.
045 Embalming services
On 01-01-2014, this 06-25-2009
entry “Embalming services” was transferred from Class 40 to Class 45, pursuant
to the Nice Classification, Tenth edition, version 2014, effective 1-1-14,
because these are personal services and because “Funeral services” and
“Undertaking” services are classified in Class 45 in the Nice Alphabetical
List.
005 Embedding material for dental and dental technical
purposes
On 10-03-2013, this 07-20-2004 entry was deleted because the
wording is indefinite and the nature and purpose of the goods is unclear.
026 Embroidery for garments
10-03-2013: Entry status
changed from “A” added to “X” example.
009 Emergency auto kits comprised of a battery charger and a
hand held spotlight
On 8-30-2012, this 8-1-2004 entry was amended to
list the battery charger first and the hand held spotlight second to clarify
that the goods are classified in Class 9.
009 Emergency drench showers
Although apparatus for
water supply are generally classified in 11, the goods are in Class 9 because
the purpose of the goods is more than just water supply or sanitation related
to water supply. The goods are used in emergency situations and serve a
personal safety function justifying their inclusion in Class 9.
009 Emergency eyewash station
Although apparatus for
water supply are generally classified in 11, the goods are in Class 9 because
the purpose of the goods is more than just water supply or sanitation related
to water supply. The goods are used in emergency situations and serve a
personal safety function justifying their inclusion in Class 9.
044 Emergency medical assistance
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Emergency medical services offered in or from a remote,
mobile or temporary on-site location
Emergency medical services is
acceptable in Class 44; further specification as to the location where
services are being rendered, or other aspects of the medical services, is also
acceptable, but it is not required.
045 Emergency response medical alarm monitoring services
08-09-2012: These services are not for medical diagnosis or treatment
purposes; instead, the service providers notify an ambulance or other
emergency responder when the medical alarm sounds.
037 Emergency road side repair services
3-25-10 - the
4-2-91 was amended to add “repair” to make it clear that this service does not
include activities such as towing which is in Class 39 and could be considered
included in the original language for this entry “emergency road side
services.” The class 37 services are limited to repair, e.g., battery jump
starts, tire changing, fueling, etc.
043 Emergency shelter services, namely, providing temporary
housing
This entry was transferred from Class 42 to Class 43 due to
the restructuring of Class 42 that was implemented in the 8th edition of the
Nice Agreement.
009 Emergency signal transmitters
On 04-02-2015, the
07-20-2004 entry, “Emergency signal transmittors” was amended to “Emergency
signal transmitters” to match the TM5 approved entry.
008 Emery boards
On 01-01-2016, this 04-02-1991 entry
was transferred from Class 3 to Class 8 in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016.
007 Emission reduction units for motors and engines, namely,
EGR valves
Note that manually operated metal valves are in Class 6;
automatic control valves are in Class 9; valves for plumbing 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.
007 Emission reduction units for motors and engines, namely,
PCV valves
Note that manually operated metal valves are in Class 6;
automatic control valves are in Class 9; valves for plumbing 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.
035 Employee relocation
On 07-26-2012, this
04-02-1991 entry was modified from “employee relocation and information” to
“employee relocation” because the inclusion of “and information” was confusing
as it did not clearly indicate the subject matter of the information
service.
035 Employment counseling and recruiting
5-27-10
These services are in Class 35 because these services give advice concerning
employment. 07-01-2011 This service provides information about what careers
are available in this particular field. It does not include providing
information concerning training as to what one has to do to engage in that
career. That is covered by career counseling in Class 41. On 07-16-2015, the
status of this acceptable entry was changed from “A”-Added to “X”-Example.
035 Employment counseling in the field(s) of {indicate field
or fields}
5-27-10 These services are in Class 35 because these
services give advice concerning employment. 07-01-2011 This service provides
information about what careers are available in this particular field. It does
not include providing information concerning training as to what one has to do
to engage in that career. That is covered by career counseling in Class 41. On
07-16-2015, the status of this acceptable entry was changed from “A”-Added to
“X”-Example.
035 Employment services, namely, providing a web site with
online video, audio and textual interviewing forms to support recruiting,
admissions, and general candidate screening processes
On 02-21-2013,
this 02-04-2010 entry: “Employment services, namely, providing a web site with
online video, audio and textual interviewing applications to support
recruiting, admissions, and general candidate screening processes,” was
modified to substitute the word, “applications” with “forms” to make clear
that this service relates to providing employment information and forms
online. Providing software applications online are classified in Class 9
(downloadable) or Class 42 (non-downloadable).On 01-01-2014, this 02-21-2012
entry was deleted pursuant to the Nice Classification, Tenth edition, version
2014, effective 1-1-14, services involving “providing on-line videos, not
downloadable” are classified in Class 41, regardless of the subject matter of
the videos.
001 Emulsifiers for industrial purposes
Emulsifiers
are substances that stabilize emulsions, i.e., mixtures of two or more liquids
that are normally unblendable or non-mixable.
007 Emulsifying machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
021 Enamelled glass, not for building
On 01-01-2016,
this 04-02-1991 entry was modified to add “not for building” in compliance
with the Nice Classification, Tenth edition, version 2016, effective
01-01-2016. Under Nice 10-1016, “Enamelled glass, for building” was added to
the Alphabetical List in Class 19. Thus, “enamelled glass” is indefinite and
overly broad because it encompasses goods in multiple classes.
009 Encoded magnetic cards
Entry deleted because it
is indefinite because it is not a known item (like a gift card) and/or could
encompass a variety of different cards, e.g., “gift cards” or “pre-paid
telephone cards” with different customers and trade channels so the applicant
should state the feature or use of the card to make the trade channels and
customers clear, e.g., “magnetically coded stored value cards, namely, gift
cards,” “magnetically coded stored value cards for making purchases at retail
stores,”etc.
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, sanctioning, 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 relate to the business aspects of presenting
an athletic program or activity.
041 Encouraging intercollegiate athletic programs by
organizing and conducting educational programs and activities for
intercollegiate athletes and alumni
On 8-25-2011, this 6-12-2008
entry was deleted because the subject matter is too specific to be of use to a
broad range of applicants. 07-25-2013: Acceptable entry status changed from
“D” deleted to “X” example.
015 End pins for cellos and double basses
An end pin
is an adjustable spike used at the bottom of the instrument to support its
weight.
010 Endoscopic equipment
On 02-11-2016, this
07-20-2004 entry was deleted because it is considered too broad. The ID,
“Endoscopic equipment for medical purposes” was added to the Manual in Class
10 and the ID, “Endoscopic equipment for industrial purposes” was added to the
Manual in Class 9.
009 Endoscopic equipment for industrial purposes
02-11-2016: Endoscopic equipment for industrial purposes is used to inspect
such things as plumbing, HVAC systems for buildings and auto exhaust systems
for hidden wear or damage.
010 Endoscopy cameras
On 02-11-2016, this 07-20-2004
entry was deleted because it is considered too broad. The ID, “Endoscopy
cameras for medical purposes” is in the Manual in Class 10 and the ID,
“Endoscopy cameras for industrial purposes” was added to the Manual in Class
9.
009 Endoscopy cameras for industrial purposes
02-11-2016: Endoscopy cameras for industrial purposes are used to capture
images of such things as hidden wear or damage in plumbing, HVAC systems for
buildings and auto exhaust systems.
042 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. On 01-01-2013, this
01-01-2002 entry was transferred from Class 35 to Class 42 as required by the
Nice Classification, Tenth edition, version 2013, effective 1-1-13. Energy
auditing services involve technical analysis and evaluation of energy
requirements and usage. These services are distinguishable from the
accounting-type activities involved in business and financial auditing in
Class 35.
005 Energy boosting bars for use as a meal substitute
1-1-2012 This entry of 6-25-2009 has been deleted because it is too broad for
classification under the 10th Edition of the Nice Agreement, which makes clear
that meal replacement bars adapted for medical use are in Class 5, and meal
replacement bars not for medical purposes are classified as food or beverages
in Classes 29-33 depending on how those goods are specified.
005 Energy boosting mouth dissolvable flavored edible
films
On 02-02-2012, this 11-01-2004 entry was deleted because it is
indefinite, and there is no justification for including it in Class 5.
005 Energy boosting serum for injection
On
02-02-2012, this 06-25-2009 entry was deleted because it is indefinite, and
there is no justification for including it in Class 5.
030 Energy candy
Energy candy is candy that contains
energy-boosting ingredients such as caffeine.
035 Energy price comparison services
09-29-2011:
Deleted the 06-01-2001 entry because it is covered by the existing entry
“Price comparison services” in Class 35. 07-04-2013: The status of this
acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Energy usage management
This activity provides
information that affects 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.
042 Engineering services for the construction of water
treatment and purification plants, solid waste treatment plants and other
municipal infrastructure facilities
On 06-27-2013, the status of this
entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
042 Engineering services in the field of environmental
compliance
11-17-2011: While this wording is still acceptable, it is
being deleted from the Manual because the 11-27-2008 entry is covered by the
existing entries “Engineering” and “Engineering services in the field of
{indicate subject matter, field or industry}” in Class 42. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
042 Engineering services in the field of reducing operational
costs of industrial machinery
On 5-26-2011 the 11-27-2008 entry was
deleted from the Manual and replaced with an entry that contains a fill-in
section for the specific field of the engineering services. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
042 Engineering services in the field of reducing operational
costs of engines
On 5-26-2011 the 11-27-2008 entry was deleted from
the Manual and replaced with an entry that contains a fill-in section for the
specific field of the engineering services. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Engineering services in the field of reducing nitrogen
oxide emissions
On 5-26-2011 the 11-27-2008 entry was deleted from
the Manual and replaced with an entry that contains a fill-in section for the
specific field of the engineering services. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Engineering services in the field of extending engine
maintenance intervals
On 5-26-2011 the 11-27-2008 entry was deleted
from the Manual and replaced with an entry that contains a fill-in section for
the specific field of the engineering services. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Engineering services in the field of reducing combustion
gas temperature
On 5-26-2011 the 11-27-2008 entry was deleted from
the Manual and replaced with an entry that contains a fill-in section for the
specific field of the engineering services. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Engineering services in the field of reducing fuel
consumption
On 5-26-2011 the 11-27-2008 entry was deleted from the
Manual and replaced with an entry that contains a fill-in section for the
specific field of the engineering services. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Engineering services in the field of reducing carbon
dioxide emissions
On 5-26-2011 the 11-27-2008 entry was deleted from
the Manual and replaced with an entry that contains a fill-in section for the
specific field of the engineering services. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Engineering services for building and property condition
assessment, facility management, repair and restoration and building
instrumentation
03-17-2011: Removed “environmental consulting” from
the 04-01-2006 entry to avoid possible confusion. 08-01-2013: Acceptable
entry status changed from “M” modified to “X” example.
042 Engineering services for building and property condition
assessment
Removed “environmental consulting” from 20110224 entry to
avoid possible confusion
042 Engineering services and consultation for the detection of
contaminants in {indicate material, e.g. soil, waste and/or water}
“Environmental services” lead-in from 20080828 entry removed to avoid
confusion.
012 Engines for land vehicles
Complete motors and
engines for land vehicles are in Class 12, however, parts of all motors and
engines such as camshafts, cylinders, cylinder, pistons and other 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 edition of Nice
Agreement. Plaques were deleted from Class 20 and are now classified
according to their material composition.
040 Enhancement of photographs
This is physical
enhancement of photographs, not a digital or computerized process.
041 Entertainment and educational services, namely, the
presentation of seminars, lectures, workshops and panel discussions, and
ongoing television and radio talk shows all in the field of public interest
concerning {indicate subject matter of interest}
While this wording
may still be used as an acceptable identification, on 08-25-2011, this
04-02-2009 entry was deleted because the various types of entertainment and
educational services listed are too specific to be of use to a broad range of
applicants. 09-26-2013: Acceptable entry status changed from “D” deleted to
“X” example.
041 Entertainment and educational services, namely, providing
a website that displays various requests, reviews, recommendations, rankings,
trackings, votes, and information relating to uncreated, unreleased, new,
special, popular, and rare products, services, and events in the fields of pop
culture, entertainment, education, and sports, all exclusively for
non-business and non-commercial transactions and purposes
On
8-25-2011, this 8-21-2008 entry was deleted because the subject matter is too
specific to be of use to a broad range of applicants. The wording, however,
may still be used as an acceptable recitation of services. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
041 Entertainment and education services in the nature of a
series of short shows featuring {indicate subject matter or type of show, e.g.
variety, news, comedy} distributed to mobile handsets, which may include
video, text, photos, illustrations or hypertext
On 8-25-2011, this
5-08-2008 entry was deleted because the subject matter is too specific to be
of use to a broad range of applicants. The wording is however still
acceptable as an identification. 08-29-2013: Acceptable entry status changed
from “D” deleted to “X” example.
041 Entertainment and educational services, namely, the
presentation of seminars, workshops and panel discussions, and ongoing
television and radio shows all in the field of {indicate field or subject
matter, e.g., music, dance, knitting, etc.}
On 8-25-2011, this
2-10-2011 entry was deleted because the various types of entertainment and
educational services listed are too specific to be of use to a broad range of
applicants. 08-29-2013: Acceptable entry status changed from “D” deleted to
“X” example.
041 Entertainment in the nature of an ongoing special variety,
news, music or comedy show featuring {indicate subject matter} broadcast over
television, satellite, audio, and video media
On 5-16-2013, the
5-10-2007 entry was amended to replace “on-going” with “ongoing” in order to
make the spelling of the term consistent among Manual entries and to provide
more uniform search results.
041 Entertainment in the nature of roller skating
competitions
ROLLER DERBY changed to “roller skating competitions” -
ROLLER DERBY is a registered trademark
041 Entertainment in the nature of ongoing television programs
in the field of {indicate specific field, e.g., news, comedy, variety}
On 5-16-2013, the 4-2-1991 entry was amended to replace “on-going” with
“ongoing” in order to make the spelling of the term consistent among Manual
entries and to provide more uniform search results.
041 Entertainment in the nature of live stage performances in
the nature of {indicate nature of performances, e.g., plays, concerts or
lecture for hire} in the field of {indicate subject matter of lectures} by an
individual
On 11-10-11 this 03-19-09 entry was modified to include
“lecture for hire” within the parentheses
041 Entertainment in the nature of competitions in the field
of {indicate entertainment or education field, e.g. athletics, spelling,
chess, etc.}
On 02-25-2016, the 04-02-1991 entry was modified by
inserting “entertainment or education” and “chess, etc.” in the bracketed
portion of the ID to clarify the nature of the services. Arranging and
conducting business competitions for businesses or entrepreneurs to compete
for capital or resources to facilitate business activities is classified in
Class 35.
035 Entertainment marketing services, namely, marketing,
promotion and advertising for independent recording artists
On
5-26-2011, this 3-29-2007 entry was deleted because it is so similar to an
existing Manual entry. On 07-04-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
041 Entertainment services in the nature of {indicate specific
event or act, and field, e.g. musical group, television comedy series, ethnic
festival} [NB performances, such as those by a musical group, must be
live]
11-13-2014 The 10-01-1994 entry was modified by inserting
“services” to make clear that the entertainment activity is performed to the
order of, or for the benefit of, someone other than the trademark owner, and
that the activity is qualitatively different from anything necessarily done in
connection with the performance of another service. See TMEP 1301.01(a).
041 Entertainment services, namely, providing an amusement
park ride in the nature of {indicate type of ride, e.g., a bumper car ride, a
roller coaster ride, etc.}
“Entertainment in the nature of an
amusement park ride” is an acceptable identification; further specification is
acceptable, but it is not required.
041 Entertainment services, namely, non-downloadable
ringtones, pre-recorded music, and graphics presented to mobile communications
devices via a global computer network and wireless networks
01/07/2010 - deleted the word “video” because the service of providing
non-downloadable videos is classified according to subject matter. 12-11-2014
- Pursuant to the Nice Classification, Tenth edition, version 2014, effective
01-01-2014, services involving “providing on-line videos, not downloadable”
are classified in Class 41, regardless of the subject matter of the
videos.
041 Entertainment services in the nature of live {specify
nature of performance, e.g., dance, musical, magic} performances
On
8-25-2011, this 12-04-2008 entry was amended from “Entertainment and education
services in the nature of live dance and musical performances” to the above
fill-in entry. 07-30-2015: The word “live” was added before the fill-in
portion as its absence necessitated amendments when the term was required for
certain types of performances.
041 Entertainment services, namely, participation in {indicate
sports event, e.g., sports car races}
On 02-18-2016, this 06-01-2001
entry was deleted because it caused confusion. It was replaced by a new entry
“Entertainment services in the nature of professional athletes competing in
{indicate sports event, e.g., sports car races, track and field events, etc.}”
in Class 41.
041 Entertainment services in the nature of development,
creation, production, distribution, and post-production of {indicate
entertainment-related subject or activity, e.g., motion pictures, television
shows, multimedia entertainment content, etc., but do not indicate advertising
or commercials}
The term “distribution,” as it is used in this ID
Manual entry, refers to the activity of making the movie or television show,
or other entertainment content, available to movie theatres and television
stations for display to the public (the content is returned to the producer
after the display). The term “distribution” does not refer to distributorship
services or other retail or wholesale store services, online or otherwise, nor
does it refer to the transport of hard goods, such as DVDs or compact
discs.
041 Entertainment services, namely, providing an online
interactive database of photos and videos in the field of body art and
modification
09/18/2014: This entry of 09/11/2008 was modified to be
of wider use to remove the wording “namely, piercing, tattoos, scarification,
subincision, castration,” as such specific examples are not required for
identification or classification purposes.
041 Entertainment services in the nature of organizing,
arranging and conducting motorcycle riding excursions
On 01-01-2016,
this 09-13-2007 entry was deleted because it is unclear whether it encompasses
transport services in Class 39 or recreational or entertainment activities in
Class 41. This wording is no longer acceptable under Nice 10-2016.
041 Entertainment services, namely, providing recreational
aviation rides in classic aircraft
On 01-01-2016, the 08-05-2010
entry was modified by deleting “not for transportation purposes” because the
nature of the activity, “recreational aviation rides in classic aircraft,” is
primarily an entertainment service in Class 41 and not a transport service in
Class 39.
041 Entertainment services in the nature of live visual and
audio performances, namely, musical, variety, news and comedy shows
On 05-30-2013, the 06-01-2001 entry was amended to add the words “services”
and “live” to clarify the nature of the services and to avoid confusion. For
entertainment services in the nature of performances, such as those rendered
by a musical group, the performance must be live. Recorded entertainment
usually takes the form of goods in Class 9, such as videotapes, audio
cassettes, DVDs, CD-ROMs, etc. TMEP §1402.11(g). On 10-2-2014, the 05-30-2013
entry, “Entertainment services in the nature of live visual and audio
performances, and musical, variety, news and comedy shows” was modified by
replacing “and musical,” with “namely, musical,” to make clear the nature of
the “live visual and audio performances” consistent with current USPTO's
specificity requirements for such services.
041 Entertainment services, namely, helicopter rides
5-27-10 - The phrase “and tours” was deleted from the 1-17-08 entry in order
to avoid confusion with travel tours in Class 39. The rides in Class 41 are
for providing people with the entertainment experience of riding in a
helicopter and are not for transportation purposes. 01-01-2016: The term
“travel tours” is indefinite under Nice 10-2016 and may encompass transport
services in Class 39 and educational or entertainment services in Class
41.
041 Entertainment services, namely, providing on-line,
non-downloadable virtual {indicate goods, e.g., clothing, pets, furniture,
etc.} for use in virtual environments created for entertainment purposes [This
does not include providing on-line virtual software as a fill-in]
On
01-21-2016, this 08-08-2009 entry was amended to give examples of the type of
goods that would be acceptable as a fill-in and added bracketed information to
make clear that computer software is not an acceptable fill-in.
041 Entertainment services in the nature of live visual and
audio performances by an actor
On 05-30-2013, the 06-17-2010 entry
was amended to add the words “services” and “live” to clarify the nature of
the services and to avoid confusion. For entertainment services in the nature
of performances, such as those rendered by a musical group, the performance
must be live. Recorded entertainment usually takes the form of goods in Class
9, such as videotapes, audio cassettes, DVDs, CD-ROMs, etc. TMEP
§1402.11(g).
041 Entertainment services in the nature of an ongoing reality
based television program
On 5-16-2013, the 3-29-2007 entry was
amended to replace “on-going” with “ongoing” in order to make the spelling of
the term consistent among Manual entries and to provide more uniform search
results.
041 Entertainment services, namely, providing on-line reviews
of {indicate entertainment subject matter of reviews, e.g., movies, books,
music, computer games}
Only reviews of entertainment-related
activities are encompassed by this language and classified in Class 41.
041 Entertainment services, namely, production and
distribution of a game 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 other hard goods that
result from the production of visual or audio entertainment. When these 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 videotapes,
audio tapes, video disks, etc. should not be accepted as a service even when
the distribution is linked to the production of these goods. The production of
the entertainment product 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 Entertainment services, namely, providing an ongoing radio
program in the field of {indicate subject matter}
On 5-16-2013, the
2-7-2008 entry was amended to replace “on-going” with “ongoing” in order to
make the spelling of the term consistent among Manual entries and to provide
more uniform search results.
041 Entertainment services, namely, providing a website for
on-line gambling
Gambling services is acceptable wording in Class 41;
further specification is permissible, but is not required.
041 Entertainment services, namely, providing a web site
featuring photographic and prose presentations featuring {indicate subject
matter of presentations}
01-07-2010: Inserted instructional Note as
bracketed text in the ID. 03-20-2014: Clarification of bracketed text;
subject matter determines classification. Class 41 covers services regarding
education and training, entertainment, sporting and cultural activities.
05-20-2014: Bracketed text deleted. The use of the term “presentations” in
these services is considered analogous to “shows” or “programs” and is thus
classified in Class 41 regardless of the subject matter.
041 Entertainment services, namely, providing a web site
featuring photographic, video and prose presentations featuring {indicate
subject matter of the presentations}
01-07-2010: Inserted
instructional Note as bracketed text in the ID. 03-20-2014: Clarification of
bracketed text; subject matter of content determines classification. Class 41
covers services regarding education and training, entertainment, sporting and
cultural activities. 05-20-2014: Bracketed text deleted. The use of the term
“presentations” in these services is considered analogous to “shows” or
“programs” and is thus classified in Class 41 regardless of the subject
matter. However, “providing a website featuring videos” is ambiguous as it
could include the offering of videos as a good (either downloadable or in
tangible form) via an online retail store.
041 Entertainment services, namely, providing a web site
featuring photographic, audio, video and prose presentations featuring
{indicate subject matter of presentations}
01-07-2010: Inserted
instructional Note as bracketed text in the ID. 05-20-2014: Bracketed text
deleted. The use of the term “presentations” in these services is considered
analogous to “shows” or “programs” and is thus classified in Class 41
regardless of the subject matter. However, “providing a website featuring
videos” is ambiguous as it could include the offering of videos as a good
(either downloadable or in tangible form) via an online retail store.
041 Entertainment services in the nature of live visual and
audio performances, namely, musical band, rock group, gymnastic, dance, and
ballet performances
On 05-30-2013, the 06-01-2001 entry was amended
to add the words “services” and “live” to clarify the nature of the services
and to avoid confusion. For entertainment services in the nature of
performances, such as those rendered by a musical group, the performance must
be live. Recorded entertainment usually takes the form of goods in Class 9,
such as videotapes, audio cassettes, DVDs, CD-ROMs, etc. TMEP
§1402.11(g).
041 Entertainment services in the nature of live visual and
audio performances by {specify, e.g., actors, musical bands, dancers,
etc.}
On 05-30-2013, the 06-17-2010 entry was amended to add the
words “services” and “live” to clarify the nature of the services and to avoid
confusion. For entertainment services in the nature of performances, such as
those rendered by a musical group, the performance must be live. Recorded
entertainment usually takes the form of goods in Class 9, such as videotapes,
audio cassettes, DVDs, CD-ROMs, etc. TMEP §1402.11(g).
041 Entertainment services, namely, providing ongoing
television programs in the field of {indicate subject matter or field} via a
global computer network
11-26-2009 - “a television program” in the
4-12-1999 was changed to “on-going television programs” to make this entry
consistent with other similar entries for similar services. On 5-16-2013, the
entry was further amended to replace “on-going” with “ongoing” in order to
make the spelling of the term consistent among Manual entries and to provide
more uniform search results.
041 Entertainment services, namely, providing a website
featuring advice concerning personal relationships, such advice being for
entertainment purposes only
On 03-22-12 this 07-31-08 entry was
amended to change the wording “at which” to the current language. This change
eliminates the confusion of this service with the Class 42 service that
enables users to perform a task at/on a website. The latter is in Class 42
because it is primarily a technology service.
041 Entertainment services, namely, the provision of
continuing {indicate form of the entertainment, e.g., programs, segments,
movies, shows} featuring {indicate type e.g., news, comedy, commentary, etc.}
delivered by {indicate form of broadcast medium, e.g., television, radio,
satellite, the internet, etc.}
10-01-2009 Effective date; 01-27-2011
Amended “indicate form of delivery medium” to “indicate form of broadcast
medium” to make clear that the entry is not intended to include hard goods,
e.g., DVDs, CDs, etc. On 5-2-2013, this 1-27-2011 entry was amended to delete
the words, “or live” from the end of the ID because it created an ambiguity as
to its meaning.
041 Entertainment services, namely, providing a web site
featuring non-downloadable musical performances, musical videos, related film
clips, photographs, and other multimedia materials featuring {indicate subject
matter of the multimedia materials} [the subject matter of the “multimedia
materials” must be a Class 41 subject matter to keep the ID in Class 41]
9-18-2008: Requirement for indication of subject matter added as in other
similar services currently included in the Manual 9/10/2009: - changed subject
matter requirement in 09/18/2008 language from “web site” to “multimedia
materials.” The subject matter of the “multimedia materials” must be a Class
41 subject matter to keep the ID in Class 41. 01/07/2010: inserted the word
“non-downloadable” into the ID to distinguish it from downloadable digital
materials in 9; also, inserted instructional Note as square bracketed text in
the entry. 03-20-2014: Entry deleted as confusing; under 10th ed., 2014
version of Nice, providing non-downloadable videos is in Class 41 regardless
of subject matter.
041 Entertainment services, namely, providing non-downloadable
prerecorded music, information in the field of music, and commentary and
articles about music, all on-line via a global computer network
6-18-09 9-4-2001 entry changed to indicate prerecorded music is
nondownloadable
041 Entertainment services, namely, providing ongoing
webisodes featuring {indicate subject matter, e.g., comedy, drama, etc.} via a
global computer network
On 5-16-2013, the 6-17-2010 entry was amended
to replace “on-going” with “ongoing” in order to make the spelling of the term
consistent among Manual entries and to provide more uniform search
results.
041 Entertainment services, namely, providing radio programs
in the field of {indicate subject matter or field} via a global computer
network
3-4-10 - the word “program” in the 4-12-99 entry was changed
to “programs” to avoid the “title of a single work” problem. The plural form
should indicate that there is more than one program identified by the mark and
is, therefore, not a single work.
041 Entertainment services in the nature of development,
creation, production and post-production services of multimedia entertainment
content
2-4-10 - The 9-24-09 was changed from “Entertainment services
in the nature of development, creation, production and post-production
services of multimedia content” to “development, creation, production and
post-production services of multimedia entertainment content.” Emphasis of the
subject matter of the content more clearly controls the class than the general
lead-in of “entertainment services.”
041 Entertainment services, namely, providing a web site
featuring user-generated videos on a wide variety of topics and subjects
01/07/10 - the service identified in this entry is more accurately
described as a computer service in Class 42 rather than an entertainment
service in Class 41 and therefore, it is deleted from the Manual
041 Entertainment services, namely, providing a web site
featuring non-downloadable adult-themed photographs and videos
01-07-2010 - Inserted the word “non-downloadable” to distinguish it from the
downloadable digital media in Class 9
041 Entertainment services in the nature of creation,
development, and production of television programming
04-07-2011:
This 01-21-2010 entry was replaced by the following new entry: “Creating and
developing concepts for television programs” to make clear the nature of the
services; the “production” aspect of the original entry is covered by the
existing entry: “Production of television programs” in Class 41. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example. Such
activities must be done on the order of others to be considered a service.
041 Entertainment services, namely, an ongoing television game
show and games of chance to be played at a casino
On 5-16-2013, the
11-05-2009 entry was amended to replace “on-going” with “ongoing” in order to
make the spelling of the term consistent among Manual entries and to provide
more uniform search results.
041 Entertainment services in the nature of organizing bicycle
racing and exhibitions
10-22-09 - “organizing” added to 7-16-09 entry
to avoid confusion with the service of participation in bicycle races.
041 Entertainment services, namely, providing non-downloadable
playback of music via global communications networks
7-23-09 - this
is not the service of streaming or transmission of the music. It is the
service of having the music available for playback via the Internet. Other
systems and services are used for the actual streaming or transmission of the
music being played back.
041 Entertainment services, namely, providing an ongoing radio
program in the field of food
On 5-16-2013, the 2-7-2008 entry was
amended to replace “on-going” with “ongoing” in order to make the spelling of
the term consistent among Manual entries and to provide more uniform search
results.
041 Entertainment services in the nature of ongoing television
programs in the field of children's entertainment
On 5-16-2013, the
7-1-2004 entry was amended to replace “on-going” with “ongoing” in order to
make the spelling of the term consistent among Manual entries and to provide
more uniform search results.
041 Entertainment services, namely, an ongoing series
featuring {indicate subject matter} provided through {indicate broadcast
medium, e.g., cable television, webcasts, radio broadcasts}
On
5-16-2013, the 8-2-2007 entry was amended to replace “on-going” with “ongoing”
in order to make the spelling of the term consistent among Manual entries and
to provide more uniform search results.
041 Entertainment services, namely, a video arcade housed in a
{specify, e.g., mobile trailer, bus, etc.}
08-01-2013: Acceptable
entry status changed from “A” added to “X” example. 04-26-2016: The 04-03-2008
entry was modified to replace “housed in a mobile trailer” with “housed in a
{specify, e.g., mobile trailer, bus, etc.}.”
041 Entertainment services, namely, arranging and conducting
of competitions in the field of {indicate type of entertainment or education
competition, e.g., basketball, mathematics, chess, etc.}
On
02-25-2016, the 10-01-2005 entry was modified by replacing “for” with “in the
field of” and inserting “e.g., entertainment or education” and “basketball,
mathematics, chess, etc.” in the bracketed portion of the ID to clarify the
nature of the services. Arranging and conducting business competitions for
businesses or entrepreneurs to compete for capital or resources to facilitate
business activities is classified in Class 35.
037 Environmental remediation services, namely, waste
disposal
This entry was deleted to avoid confusion between
environmental remediation services, in class 40, and waste disposal services
in class 37. Environmental remediation services involve the treatment of
contaminated materials such as soil, air, or water, but do not include cleanup
of the original cause of the contamination, such as leaking hazardous
waste.
040 Environmental remediation services, namely, soil treatment
services
This entry was deleted and replaced with “Environmental
remediation services, namely, treatment of {indicate material to be treated,
e.g. soil, waste and/or water}.” Environmental remediation services involve
the treatment of contaminated materials such as soil, air, or water, but do
not include cleanup of the original cause of the contamination, such as
leaking hazardous waste. The physical clean-up and disposal of hazardous waste
services are in Class 37.
009 Environmental test chamber, namely, temperature simulation
equipment
02-28-2013 - Environmental chambers are enclosures for
testing the effect of environmental conditions on biological materials and
commercial or industrial goods. These goods are classified as testing
apparatus in Class 9, which are covered by the wording “checking
(supervision)...apparatus and instruments” in the Class 9 Heading.
001 Enzyme preparations for use in the {indicate specific
industrial or manufacturing field} industry
01-22-2015 - Enzymes for
industrial purposes is acceptable wording; further specification of the
particular industry is acceptable, but it is not required.
026 Epaulettes
The goods are in the nature of an
ornamental cloth pad worn on the shoulder, typically by military officers.
026 Epaulettes for {indicate clothing items, e.g., dresses,
blazers, etc.}, sold separately
An epaulette is an ornamental cloth
pad worn on the shoulder, typically by military officers, but also for other,
non-military use. 10-03-2013: Entry status changed from “A” added to “X”
example.
021 Epergnes of precious metals
Transferred from
Class 14 in accordance with 9th edition of Nice Agreement.
018 Equine boots
Equine boots are fitted onto or worn
by horses, and not by the riders.
014 Equine-themed necklaces
On 06-25-2015, this
01-03-2008 entry was amended from “equine necklaces” to “equine-themed
necklaces” for clarity purposes.
028 Equipment sold as a unit for playing {indicate nature of
game, e.g. kickball, tossing and catching, indoor and outdoor hopscotch, etc.}
games
Please note that computer game software is classified in Class
9. For information on identifying and classifying goods which are sold as a
unit, see TMEP §1401.05(a).
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 of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
039 Escorting of travellers
11-17-2011: This wording
appears in the Nice Alphabetical List. It refers to travel guide services, or
services provided by a guide who accompanies others while travelling.
039 Escorting travellers
11-17-2011: While this
wording is still accepting, it is being deleted from the Manual because it is
already covered by the existing Manual entry, “Escorting of travellers” in
Class 39.
036 Escrow services for the travel industry
11-10-2011: While this wording is still acceptable, the 10-08-2009 entry is
being deleted from the Manual because it is covered by the existing entry
“Maintaining escrow accounts for {specify purpose, e.g., sales transactions,
mortgages, etc.}” in Class 36. 07-25-2013: Acceptable entry status changed
from “D” deleted to “X” example.
025 Espadrilles
05-14-2015: An espadrille is a sandal
usually having a fabric upper and a flexible sole.
001 Esparto pulp
Esparto is a fibrous material found
in certain grasses. Similar to wood pulp, esparto pulp is a raw material for
use in manufacturing. Wood pulp is in the Nice Alphabetical List in Class 1,
and by analogy, esparto pulp is also in Class 1.
032 Essences used in the preparation of liqueurs [not in the
nature of essential oils]
The 4-2-1991 entry - “Essences for the
manufacture of liqueurs [not in the nature of essential oils]” was amended on
11-18-10 to read “Essences used in the preparation of liqueurs [not in the
nature of essential oils]” to make it consistent with other Class 32 entries
in the Manual.
003 Essential oils for use in aromatherapy
“Essential
oils” are in the Nice Classification List in Class 3; therefore, the
identified goods are in Class 3 even though they are for aromatherapy
purposes.
025 Eternity scarves
“Eternity scarves” are scarves
made of a continuous, closed loop of fabric.
042 Evaluating organizations to determine whether the
organizations conform to an established accreditation standard
On
07-09-2015, this 05-31-2007 entry was modified by deleting “Accreditation
services, namely” and by inserting “accreditation” to modify “standard.” This
type of evaluation is generally rendered by the accrediting body, but may also
be performed by a third party to the order and specification of the
accrediting body. This evaluation service is different from the act of
“accreditation,” which is the validation or bestowal of approval on a service
provider, and is not considered a service under the Trademark Act. This
description should not be used in connection with accreditation marks, which
are used by third parties to indicate that their services are “accredited” or
approved by the accrediting body. See TMEP §1306.06 et seq. 05-31-2007 -This
is NOT the accreditation or certification service itself. This ID covers
activities that establish criteria for the accreditation or certification.
Accreditation and certification themselves are in classes A or B.
036 Evaluating real estate to assess feasibility for use as a
property self-storage facility
11-28-2013: Entry status changed from
“A” added to “X” example.
035 Evaluation of standing timber
1-1-2012 This entry
of 4-2-1991 has been deleted pursuant to the 10th Edition of the Nice
Agreement and has been replaced with the entries “financial evaluation of
standing timber” in Class 36, and “Quality evaluation of standing timber” in
Class 42.
042 Evaluation of the home building and remodeling services of
home builders and remodelers to determine conformity with certification
standards other than for governmental regulatory purposes during
construction
On 10-01-2015, this 02-12-2009 entry was modified by
deleting “for the purpose of certification of new and remodeled home
construction” and inserting “to determine conformity with certification
standards” to clarify the nature of the services. Although this evaluation
service may be rendered by a certifying body, “certification,” or the
validation or approval of goods/services of others, is not a service under the
Nice Classification. Also, this description should not be used in connection
with certification marks, which are used by third parties to indicate that
their goods/services are “certified” or approved by the certifying body. See
TMEP §1306.06 et seq.
045 Evangelistic and ministerial services
This entry
was transferred from Class 42 to Class 45 due to the restructuring of 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 of Class 42
that was implemented in the 8th edition of the Nice Agreement.
011 Evaporators for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
045 Examination of fingerprints and handwriting for the
purpose of forensic scientific intelligence
Transferred from Class 42
to be consistent with the other forensic science services in the Manual.
028 Exercise equipment in the nature of straps that are
affixed to {specify, e.g., doors, cable machines, exercise equipment, etc.}
for performance of weight resistance exercises
Although straps are
usually classified in Class 22, these straps are classified in Class 28
because they are in the nature of sporting articles.
028 Exercise equipment, namely, virtual reality training
cycles
02-28-2013 - These goods are in the nature of physical
exercise equipment comprised primarily of a stationary exercise bicycle and
stand with an attached monitor for displaying the virtual reality
software.
028 Exercise equipment, namely, neck and shoulder supported
weights for twisting and lifting exercises
11-10-2011: While this
wording is still acceptable, the 08-20-2009 entry is being deleted from the
Manual because it is covered by the existing entry “Exercise weights” in Class
28. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
028 Exercise equipment, namely, straps that are affixed to
doors for performance of various exercises using body weight resistance
11-10-2011: Although straps are usually classified in Class 22, these
straps are classified in Class 28 because these straps are in the nature of
sporting articles. On 09-03-2015, the status of this 01-13-2011 entry was
changed from “A” to “X” to indicate that it is an example of acceptable
wording under current USPTO policy.
028 Exercise wrist weights
11-10-2011: While this
wording is still acceptable, the 04-02-1991 entry is being deleted from the
Manual because it is covered by the existing entry “Exercise weights” in Class
28. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
003 Exfoliant creams
These refer to non-medicated
creams. Medicated creams are in Class 5.
003 Exfoliants for {indicate use, e.g., hair, skin, etc.}
On 05-21-2015, this 06-01-2001 entry was deleted because the term
“exfoliants” is indefinite and overbroad and may include cosmetic preparations
in Class 3 and cosmetic utensils in Class 21.
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
013 Explosives in the nature of shaped charges for use in the
{specify industry, e.g., oil and gas, building demolition, steelmaking, etc.}
industry
Explosives is acceptable wording; further specification is
acceptable, but is not required.
035 Export agency services for the goods of others
The word “agency/agencies” is required in the import/export IDs, because
import and export agencies are businesses that assist in arranging for the
shipping of goods for others, but do not actually provide transportation
services themselves. IDs such as “import and export services” or “importing
and exporting goods of others” would be indefinite, because the IDs are broad
enough to encompass the transportation of goods in Class 39.
035 Export and import agencies in the field of {indicate
field, e.g., clothing, automotive parts, etc.}
The word
agency/agencies is required in the import/export IDs, because import and
export agencies are businesses that assist in arranging for the shipping of
goods of others, but do not actually provide transportation services
themselves. IDs such as import and export services or importing and exporting
goods of others would be indefinite, because the IDs are broad enough to
encompass the transportation of goods in Class 39.
009 Exposed cinematographic films
09-26-2013: Status
of entry changed from “A”-Added to “X”-Example.
002 Exterior paints
On 08-27-2015, the 04-02-1991
entry, “Exterior paint” was amended to “Exterior paints” to match the TM5
approved entry.
037 Exterminating
This entry was too broad.
Exterminating services for agricultural purposes is in Class 42; exterminating
services other than for agricultural purposes is in 37.
037 Exterminating consultation
On 06-25-2015, this
08-01-2005 entry was deleted because it is overbroad and may include services
in Class 37 and Class 44.
009 External computer hard drives [computer storage
devices]
On 8-16-2012, the 7-26-2007 entry “External computer hard
drives” was modified by entering the bracketed language to clarify the nature
of the goods.
007 Extracting machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
030 Extracts used as food flavoring [not essential oils]
On 01-01-2015, this 04-02-1991 entry was amended to add the word “food”
in compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. 01-01-2016: Edible essential oils are typically obtained
by condensing the vapors of boiled seeds, leaves or other plant parts. Citrus
essential oils are squeezed directly from the rinds. Essential oils for food
flavoring are classified in Class 3. In contrast, extracts used as food
flavorings generally feature ethyl alcohol, glycerol or propylene glycol
combined with essential oils, and may also contain water, sugar, or food
colorants.
017 Extruded plastic in the form of {specify, e.g., bars,
blocks, pellets, rods, sheets, tubes, etc.} for use in manufacturing
Plastic films and sheets are generally classified according to function or
purpose of the goods: Class 16 for “wrapping or packaging” purposes, and Class
17 for “packing” or non-wrapping purposes, as well as plastics in extruded
form for use in further manufacture. The identification should indicate the
purpose of the goods for proper classification.
017 Extruded semi-finished goods made of synthetic materials
in the form of plates, bars, pipes and flexible hoses for industrial,
construction and agricultural use
02-05-2009 - Due to a typographical
error in the original 01-22-2008 entry, the class has changed from Class 7 to
Class 17.
044 Eye bank services
9-11-08 - This service is for
the collection and provision of eyes for medical purposes. Other aspects of
such a bank are ancillary - processing, treatment, storage, etc. - and would
be in other classes such as 39 or 40 if specified as a separate activity of
the bank. Also, if the purpose of the bank is to provide eyes for research or
education purposes, the service would be in Class 42 with a clear
specification of that limitation.
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.
003 Eye shadows
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
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 of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
009 Eyeglass lanyards
Eyeglass lanyards are
classified in Class 9 because they are specially adapted for use with
eyeglasses. General purpose lanyards for holding items are classified in
Class 22.
003 Eyeliners
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
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 Agreement.
003 Eyeshadows
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
009 Eyewear pouches
Eyewear pouches are classified in
Class 9 because they are specially fitted and adapted for eyewear, and
analogous to the entries, “eyeglass cases” and “spectacle cases” in Class 9 of
the Nice Alphabetical List.
009 E-books featuring {indicate subject matter} recorded on
computer media
These goods are electronic publications and not the
devices on which they are read. Non-downloadable publications are considered
services in Class 41.
038 E-mail data services
On 01-01-2016, this
11-22-2007 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016, because the activity provided in
connection with electronic mail is unclear.
038 E-mail forwarding services [transmission]
3-10-11
“transmission” in brackets was added to the 6-1-2001 trilateral entry.
021 Fabric and textile party favor boxes sold empty
On 10-25-2012, this 11-12-2009 entry, “Fabric and textile party favor boxes
sold empty,” was deleted and replaced with “Party favor gift boxes sold empty”
in Class 16. Commonly made from paper, cardboard or plastic, these boxes are
used for packaging small party gifts, thus justifying classification in Class
16 as comparable to the “Boxes of cardboard or paper” in the Nice Alphabetical
List, and under the Class Heading “plastic materials for packaging”
026 Fabric appliques [haberdashery]
On 01-01-13, this
04-02-1991 entry was modified by inserting the bracketed wording to clarify
the nature of the goods and conform to the Nice Classification, Tenth edition,
version 2013, effective 1-1-13. These goods are in the nature of clothing
ornaments, such as a patch that is sewn on or otherwise applied to fabric or
other material, and they are classified in Class 26 as clothing
decorations.
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.
020 Fabric cake decorations
These goods are in the
nature of small stuffed figurines for use on cakes.
020 Fabric cake toppers
Cake toppers are decorations
for cakes. Decorations for cakes are classified by material composition.
Therefore, fabric cake toppers are classified in Class 20 because the fabric
is a plastic substitute.
011 Fabric covers for electric toasters
On 1-1-2012
this entry of 4-2-1991 was transferred from Class 26 to Class 11 pursuant to
the 10th Edition of the Nice Agreement because the covers are adapted to the
goods that they contain. The entry “toaster covers” was amended to “Fabric
covers for electric toasters.”
011 Fabric covers for hot water bottles
1-1-2012 This
entry of 12-10-2009 was transferred from Class 26 to Class 11 pursuant to the
10th Edition of the Nice Agreement because the covers are adapted to the Class
11 goods that they contain.
026 Fabric covers for kitchen appliances
1-1-2012
This entry of 4-2-1991 has been deleted pursuant to the 10th Edition of the
Nice Agreement. Covers adapted to the goods that they contain are classified
in the class of the goods they contain. Here, these covers are for goods
classified in more than one class.
024 Fabric drapes designed to conceal the act of breastfeeding
in public [nursing covers]
On 09-25-2014, the 09-27-2007 entry was
modified by inserting the bracketed wording to make clear the nature of the
goods and to facilitate searching of the Manual for these goods.
024 Fabric finish or surface treatment composition sold as a
component of finished treated or coated textiles and fabrics to enhance
printing of designs and patterns thereon
10-10-2013: Entry status
changed from “A” added to “X” example.
024 Fabric finish or surface treatment composition sold as a
component of finished treated or coated textiles and fabrics to preserve color
dyes and inks thereon and to reduce or eliminate fade
10-10-2013:
Entry status changed from “A” added to “X” example.
018 Fabric pouches sold empty that may be used to hold
{specify item, e.g., dental retainers, sports mouth guards, etc.}
On
07-26-2012, this 11-13-2008 entry was modified from “Fabric pouches sold empty
that may be used to hold items such as dental retainers and sports mouth
guards” to “Fabric pouches sold empty that may be used to hold {specify items,
e.g., dental retainers, sports mouth guards, etc.}” to serve a wider range of
Manual users.
011 Fabric steamers
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 6-1-2001 was transferred to
Class 11(as a steam generating apparatus), pursuant to the 10th Edition of the
Nice Agreement.
024 Fabric table toppers
On 06-06-2013, the
06-01-2001 entry was deleted because TABLE TOPPER is a registered trademark in
Class 24 (U.S. Reg. No. 2122791) and should not be used as a generic term in
an identification. See TMEP §1402.09.
020 Fabric tissue box covers
On 1-1-2012, this entry
of 7-1-2004 was transferred from Class 26 to Class 20 pursuant to the 10th
Edition of the Nice Agreement.
040 Fabric waterproofing
The waterproofing in Class
40 is actually a transformation of the underlying goods so they themselves are
waterproof and are not just protected by a painted or sprayed on barrier. The
waterproofing in Class 37 is the application of some kind of layer or coating
to a surface.
024 Fabrics that may or may not have printed patterns and
designs thereon for use in textile applications, namely, the manufacture of
apparel, upholstery, signage, flags, banners and wallpaper
08-13-2015: Status of entry changed from “A”-Added to “X”-Example.
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 [costumery]
On 06-25-2015, this
04-02-1991 entry of “Face masks [costumery]” was deleted because it is covered
by the entries for “Costume masks” in Class 28 and “Theatrical masks” in Class
28.
028 Face masks for {indicate specific sport}
04-02-1991: These are not sports goggles which are in 9. They are masks such
as catcher’s masks or goalie’s masks. On 3-31-2016, this 04-02-1991 entry was
deleted because the fill-in was causing confusion and it was being misused.
“Catchers’ masks” and “Fencing masks” are examples of types of sports masks
that are acceptable in the Manual in Class 28.
018 Face masks for equines
On 01-23-2014, this
03-15-2007 entry was deleted because the function of the face masks is
indefinite.
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.
028 Face plates for video game consoles for use with external
monitors
On 1-1-2012 this entry of 4-16-2009 was transferred from
Class 9 in accordance with 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
009 Face shields
Entry deleted because face shields
are in more than one class and specificity of the item is needed to determine
which class is appropriate for the specific type 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. 09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Facial lotion
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
041 Facilities for {indicate specific event, e.g.,
tournaments, exhibitions, conferences (Providing}
This entry includes
services that are in other classes, e.g., providing facilities for trade
exhibitions would be in Class 35. 06-27-2013 - Providing general use
facilities for conventions and exhibitions are classified in Class 43 as
“temporary accommodation services.” Providing specialized facilities or
facilities for a particular purpose are classified according to purpose.
019 Facing mortar
Facing mortar is mortar exposed to
view or to outside elements that is used to bind, fill, and seal spaces
between building blocks, such as stones and bricks. Mortar is acceptable
wording; further specification is acceptable, but it is not required.
019 Facing plaster
Facing plaster is plaster exposed
to view and used as a protective or decorative coating of walls, ceilings,
moldings, and the like. Plaster is acceptable wording; further specification
is acceptable, but it is not required.
019 Facing sheets of plywood
Facing sheets of plywood
are sheets of plywood that are exposed to view and are used for aesthetic
appearances.
003 Fair complexion cream
These refer to
non-medicated creams. Medicated creams are in Class 5.
011 Fairy lights for festive decoration
Fairy lights
are small electric lights on a string used as decoration.
003 False nails made of {specify material, e.g., powder and
liquid acrylics, polymer resin, silk, etc.}
“False nails” is an
acceptable identification; further specification of material composition is
acceptable, but it is not required.
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
and 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 of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Farming equipment rental
01-01-2016: Farming
equipment rental does not encompass rental of vehicles. Rental of tractors is
classified in Class 39.
044 Farming services in the field of {indicate specific field,
e.g., fruits, vegetables, apples, blueberries, etc.}
On 08-15-2013,
this 07-12-2012 entry was modified by deleting “Farms” and inserting “Farming
services” to make clear that the activity is being performed for others. To be
a service, an activity must be primarily for the benefit of someone other than
the applicant. TMEP 1301.01(a)(ii). Therefore, operating a wheat farm, for
example, for the purpose of growing, harvesting, and selling wheat for further
manufacture, is not considered a wheat farming service under the Trademark Act
because, although the manufacturers derive an incidental benefit, the farming
activities primarily benefit the farmer. Farming activities must be rendered
for others to be a registrable service.
044 Farrier services, namely, shoeing horses and maintaining
horses' hooves
This entry was transferred from Class 42 to Class 44
due to the restructuring of Class 42 that was implemented in the 8th edition
of the Nice Agreement.
025 Fashion hats
Fashion hats are stylish or fancy
headwear in the nature of clothing, and include hats worn to special events
such as weddings, horse races, religious services, etc. While these hats may
be embellished or whimsical, they function as apparel and not as party favors
or decorative party adornment, such as conical paper party hats, toy tiaras or
pirate hats in Class 28.
043 Fast casual restaurants featuring {insert type of cuisine
or specific food items}
Restaurants is acceptable wording; further
specification is acceptable, but it is not required.
043 Fast casual restaurants
Restaurants is acceptable
wording; further specification is acceptable, but it is not required.
043 Fast food and non-stop restaurant services
On
10-6-2011, this 7-20-2004 entry was deleted because it is covered by separate
entries for “Fast-food restaurant services” and “Restaurant services”
026 Fastener made primarily of polyurethane for affixing
badges, insignia and nametags to clothing
10-03-2013: Entry status
changed from “A” added to “X” example.
026 Fasteners for affixing badges, insignia and nametags to
clothing
10-03-2013: Entry status changed from “A” added to “X”
example.
043 Fast-food restaurants and snackbars
On 10-6-2011,
this 7-20-2004 entry was deleted because it is covered by the separate entries
of “Fast-food restaurant services” and “Snack bar services.” 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Fast-food restaurants
On 10-6-2011, this
7-20-2004 entry was deleted because it is too similar to an existing entry for
“Fast-food restaurant services” 08-29-2013: Acceptable entry status changed
from “D” deleted to “X” example.
001 Fatty acids for use in {indicate field of use or
application}
6-18-09 - These fatty acids are not for food purposes.
They are for some industrial, manufacturing or chemical purpose.
001 Fatty acids for use as a food additive
6-18-09 -
Deleted because use as a food additive would be in Class 29 with other edible
fats.
020 Feather beds [mattress toppers]
Feather beds are
similar to duvets but they are used on a bed between the mattress and sheet.
10-22-09 - Further research indicates that “feather beds” are defined as
mattresses containing feathers and are used on a bed between the mattress and
sheet. It is in the nature of a mattress topper. Therefore, the 3-1-02 entry
in Class 24 has been transferred to Class 20 where mattress toppers are
classified. The clarifying information “mattress toppers” has been added to
the ID in brackets - it does not need to be included in the wording of this
item in the application.
005 Fecal enzyme inhibiting compositions used as an ingredient
in medicated creams, ointments and lotions
4/9/09 - Due to an error
in the 3/5/09 entry, this item was transferred from Class 10 to Class 5, the
class that it appropriate for these goods.
010 Feeding cups for medical purposes
On 09-08-2016,
this 07-20-2004 entry was amended from “Feeding cups [for medical purposes]”
to “Feeding cups for medical purposes” to incorporate the information within
the brackets into the ID itself, for clarity purposes.
003 Feminine deodorant sprays
Note that household,
room and other deodorants not used on the body are in Class 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 Class
5.
030 Fermented hot pepper paste (gochujang)
On
9-6-2012, this 11-10-2011 entry was amended to replace the brackets with
parentheses.
029 Fermented vegetables (kimchi)
On 9-6-2012, this
1-1-2007 entry was amended to replace the brackets with parentheses.
006 Ferrotitanium [titanium iron]
Ferrotitanium is a
metal alloy primarily of iron and titanium and appears in the Nice
Alphabetical List in Class 6.
006 Ferrules of metal for walking sticks
A ferrule is
a ring or cap that strengthens the end of a handle, stick, or tube and
prevents it from splitting or wearing.
008 Fertilizer scoops
03-05-2015 - Fertilizer scoops
are classified in Class 8 as hand-operated garden tools similar to
shovels.
023 Fiberglass thread
9-2-10 - the 4-2-91 entry was
deleted because fiberglass thread is in Class 23 when used for textile
purposes. Fiberglass thread when not used for textile purposes is in Class 21.
Therefore, the use of the thread must be indicated to determine classification
of the goods.
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.
016 Fiction books on a variety of topics
On
07-21-2016, this 05-03-2012 entry was modified by deleting the bracketed
wording and incorporating it into the Note field. This description is only
acceptable when used in connection with a publishing house mark.
009 Fiction e-books on a variety of topics recorded on
computer media
This description is only acceptable when used in
connection with a publishing house mark.
021 Figured plate glass, not for building
On
06-19-2014, the 01-05-2012 entry “Figured plate glass [not for building]” was
amended to “Figured plate glass, not for building” to match the TM5 accepted
entry.
021 Figures of {indicate china, crystal, earthenware, terra
cotta, glass, porcelain}
Terra cotta was deleted from the list of
materials but has been reinserted because it is a Class 21 figure composition
in the Nice Agreement.
021 Figurines of {indicate china, crystal, earthenware, glass,
porcelain, terra cotta}
01-18-2007: Terra cotta included as a
composition in 21
019 Figurines of {indicate stone, concrete, marble}
09-14-2006: Terra cotta deleted from list of compositions - terra cotta
figurines are in Class 21 per Nice Agreement.
008 Files [hand-operated]
These tools are powered by
hand, not by electricity or other non-manual power source.
002 Filled ink cartridges for printers
On 06-25-2015,
this 05-18-2007 entry was modified by deleting the bracketed wording
“[filled]” and incorporating it into the text of the description.
002 Filled ink jet cartridges
Unfilled ink and toner
cartridges for photocopy machines or computer printers are in Class 9. On
06-25-2015, the 04-12-1999 entry was modified by deleting the bracketed
wording “[filled]” and incorporating it into the text of the description.
Filled ink jet cartridges is acceptable wording; further specification is
acceptable, but it is not required.
002 Filled toner cartridges for printers
Filled toner
cartridges is acceptable wording; further specification is acceptable, but it
is not required.
002 Filled toner cartridges for photocopiers
Filled
toner cartridges is acceptable wording; further specification is acceptable,
but it is not required.
002 Filled toner cartridges
Unfilled ink and toner
cartridges for photocopy machines or computer printers are in Class 9. On
06-25-2015, this 01-01-1995 entry was modified by incorporating the bracketed
wording “[filled]” into the description.
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 returned to the producer of
the entertainment product after such display. This is not the case when
distribution relates to videotapes, audio 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 distribution of any other kind of hard
goods by any other manufacturer. For this reason, distribution of videotapes,
audio tapes, video disks, etc. should not be accepted as a service even when
the distribution is linked to the production of these goods. The production of
the entertainment product 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 42 that was implemented in the 8th
edition of the Nice Agreement.
041 Film production, other than advertising films
Film production is acceptable wording because the term commonly refers to
entertainment-type film production; further specification is acceptable, but
it is not required.
010 Filter delivery system for the placement of medical blood
filters
On 02-11-2016, this 11-02-2006 entry was amended to add the
word “medical” before the words “blood filters,” for clarity.
007 Filtering machines for chemical processing
These
goods are in Class 7 because Filtering machines is in the Nice Alphabetical
List in Class 7. However, air filtering machines and water filtering machines
are classified in Class 11 as “Apparatus for ventilating, water supply and
sanitary purposes,” see Class 11 Heading.
010 Filters for blood and blood components
On
02-11-2016, this 07-20-2004 entry was deleted because it is considered too
broad. “Filters for blood and blood components for medical purposes” was
added to the Manual in Class 10 and “Filters for blood and blood components
for laboratory use” was added to Manual in Class 9.
036 Financial administration of health reimbursement
arrangements
Health Reimbursement Arrangements (HRAs) are Internal
Revenue (IRS)-sanctioned employer-funded, tax advantaged employer health
benefit plans that reimburse employees for out of pocket medical expenses and
individual health insurance premiums. 01-01-2015: On 01-01-2015, this
04-04-2013 entry was amended to add “Financial” in order to clarify the nature
of the services in compliance with related changes under the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
036 Financial administration of a scholarship program that
promotes education through the granting of scholarships, the recipients being
selected in local, state and national contests based on such facts as
scholastics, talent, poise and fitness
10-03-2013: Entry status
changed from “A” added to “X” example.
036 Financial administration of employee pension plans
On 06-07-2012, the 04-02-1991 entry was amended by inserting “Financial”
to make clear the nature of the services.
036 Financial advisory and consultancy services, namely, the
creation of personalized strategies to achieve financial independence
04-07-2011: This 05-13-2010 entry was replaced with the following new entry:
“Financial advisory and consultancy services, namely, {indicate specific Class
36 activities, e.g., creating personalized strategies for achieving financial
independence, etc.}” 09-26-2013: Acceptable entry status changed from “D”
deleted to “X” example.
036 Financial advisory and consultancy services, namely,
{indicate specific Class 36 activities, e.g., creating personalized strategies
for achieving financial independence, etc.}
Financial advisory and
consultancy services is acceptable wording in Class 36; further specification
is acceptable, but it is not required.
036 Financial appraisal and valuation of {indicate personal or
real property, e.g., precious stones, art, vacation homes, etc.} [does not
include business appraisal services in Class 35]
Personal property
appraisal and valuation and Real estate appraisal and valuation are acceptable
descriptions in Class 36. Further specification of the specific type of
personal or real property is permissible, but not required.
036 Financial evaluation of wool
Pursuant to the 10th
Edition of the Nice Agreement, financial evaluation of wool is in Class 36,
and quality evaluation of wool is in Class 42.
036 Financial evaluation of standing timber
Pursuant
to the 10th Edition of the Nice Agreement, financial evaluation of standing
timber is in Class 36, and quality evaluation of standing timber is in Class
42.
036 Financial evaluation of alpaca fiber
Pursuant to
the 10th Edition of the Nice Agreement, financial evaluation of alpaca fiber
is in Class 36, and quality evaluation of alpaca fiber is in Class 42.
045 Financial identity monitoring services for fraud
protection purposes
On 08-09-2012, the 08-01-2004 entry was modified
by inserting “for fraud protection purposes” to make clear the nature of the
services and the justification for classifying them in Class 45.
036 Financial planning, namely, {indicate specific Class 36
activities, e.g., creating personalized strategies for achieving financial
independence, etc.}
Financial planning is acceptable wording in Class
36; further specification is acceptable, but it is not required.
036 Financial planning, namely, the creation of personalized
strategies to achieve financial independence
04-07-2011: This
03-01-2006 entry was replaced with the following new entry: “Financial
planning, namely, {indicate specific Class 36 activities, e.g., creating
personalized strategies for achieving financial independence, etc.}”.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Financial record-keeping for {indicate purpose, e.g.,
insurance risk management, regulatory compliance purposes, etc.}
Record keeping is the activity of maintaining a list of financial
transactions, including income and payments, for a business. Record keeping is
a business service even when it relates to financial data.
035 Financial record-keeping for {indicate purpose, e.g.,
insurance risk management, regulatory compliance purposes, etc.} via the
Internet
Record keeping is the activity of maintaining a list of
financial transactions, including income and payments, for a business. Record
keeping is a business service even when it relates to financial data.
036 Financial research
07-14-2011 Scientific research
and research services directly related to tangible items, such as cosmetics,
pharmaceuticals, or new products, are classified in 42 because those research
activities generally involve the science-based testing and analysis of the
physical properties of the item. On the other hand, research services
relating to an intangible subject matter are classified according to the
nature of the intangible. For example, business research, research related to
financial instruments, and legal research are classified in Classes 35, 36,
and 45 respectively.
036 Financial risk management consultation
Clarified
to add “financial” to this ID in Class 36. Business risk management
consultation is in 35.
036 Financial services in the field of money lending
2-25-10 - The 6-1-01 entry has been deleted because “financial services” is
broad even if the field is indicated. It can include many activities that are
not specified and could make it difficult to determine likelihood of
confusion.
036 Financial services rendered in connection with the
issuance, receipt and transfer of lines of credit, namely, credit processing
services
3-4-10 - The 2-21-10 entry for “Financial services, namely,
services rendered in connection with the issuance, receipt and transfer of
lines of credit, namely, credit processing services” was amended to the
current wording to eliminate the double “namely” which was found to be awkward
by some users.
036 Financial services, namely, debt resolution services in
the nature of debt settlement and elimination
8-20-09 - The 7-16-08
entry transferred from Class 35. Services are more appropriate in Class 36 and
there are other debt settlement services in Class 36.
036 Financial sponsorship of {indicate specific event or
activity}
05-02-2013 - Please note that sponsorship alone is an
indefinite term. Promotional sponsorship of {indicate specific event or
activity} is in Class 35. Financial sponsorship of {indicate specific event or
activity} is in Class 36.
036 Financing loans for {indicate goods, e.g., manufacturing
equipment, etc.}
On 08-16-12, the classification of this 08-09-12
entry was corrected from Class 35 to Class 36.
028 Finger puppets that may be worn while using electronic
touch screen devices
The primary purpose of these finger puppets is
for use as games and playthings which is in the Class 28 Heading. The
material composition of the puppets and that they are to be worn while using
electronic touch screen devices is not determinative of classification.
045 Fingerprinting and fingerprint registration of
children
This entry was transferred from Class 42 to Class 45 due to
the restructuring of 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.
009 Fire alarm and emergency evacuation devices, namely, fire
alarm control panels, smoke detectors, heat detectors, alarm pull stations,
audible and visible notification appliances, strobes, sirens, bells, horns,
and speakers
08-29-2013: Entry status changed from “A” added to “X”
example.
037 Fire and/or burglar alarm installation and/or repair
On 11-17-2016, this entry was deleted as the multiple use of the phrase
“and/or” was confusing. Please see TMEP §1402.03(a). This deletion is covered
by the current Class 37 entries: “Burglar alarm installation and repair” and
“Fire alarm installation and repair.”
009 Fire extinguishing apparatus
01-01-2016: “Fire
extinguishers” are metal containers filled with fire extinguishing chemicals.
“Fire extinguishing apparatus” are other apparatus, such as fire sprinklers,
used to put out fires.
009 Fire hoses
On 1-1-2012 this entry of 4-2-1991 was
transferred, from Class 17 to Class 9 pursuant to the 10th Edition of the Nice
Agreement, because these goods are fire-extinguishing apparatus.
011 Fire hydrants
On 08-16-2012, the 07-20-2004 entry
was transferred from Class 9 to Class 11 because “Hydrants” is in the
Alphabetical List in Class 11, and the dictionary definition of “hydrant”
includes fire hydrants.
013 Fire igniters
On 07-16-2015, this 04-02-1991
entry was deleted because the identification is indefinite and overly broad.
The nature of the goods and the justification for classification in Class 13
are unclear as worded.
004 Fire lighters
On 06-19-2014, this 01-17-2008
entry was deleted because it was causing confusion. “Fire lighters” as two
separate words is too broad for classification. Firelighters, as one word,
has a specific meaning, namely, a piece of flammable material, such as
kindling or paraffin wax, used to help start a fire.
011 Fire pits
3-4-10 - The 2-25-10 entry was deleted
because it is a registered mark for a portable fireplace (RN 1900551)
045 Fire prevention consultation
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
009 Fire pump control valves
Fire pump control valves
are parts for fire pumps, which are classified in Class 9 as fire
extinguishing apparatus.
009 Fire pumps
Fire pumps are portable, motorized
pumps that are used in firefighting to provide high-pressure and high-capacity
water flow options
020 Fire screen, domestic
These goods are in the
nature of furniture typically placed in front of the fireplace opening to
prevent sparks from escaping from the fireplace. Fireplace screens are
generally comprised of metal frames and metal mesh screens and may include
some decorative elements. On 01-01-2014, this entry of 09-13-2012 “fire
screen, domestic” was deleted pursuant to the deletion of “fire screens,
domestic” and the addition of “screens for fireplaces [furniture]” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
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.
020 Fire screens for domestic use
09-13-2012: These
goods are classified in Class 20 because “Fire screens, domestic” is in the
Alphabetical List in Class 20. These goods are in the nature of furniture
typically placed in front of the fireplace opening to prevent sparks from
escaping from the fireplace. Fireplace screens are generally comprised of
metal frames and metal mesh screens and may include some decorative elements.
On 01-01-2014, this entry of 04-02-1991 “Fire screens for domestic use” was
deleted pursuant to the deletion of “fire screens, domestic” and the addition
of “screens for fireplaces [furniture]” to the Nice Classification, Tenth
edition, version 2014, effective 1-1-14.
009 Fire suppression systems and component parts thereof, for
use in {indicate type of vehicles, e.g. racing vehicles, armored vehicles,
military vehicles, commercial vehicles, marine vehicles, and aviation
vehicles}, comprised of charged bottles, charge gages, mounting bases and
straps, pull cables, nozzles, fittings, tubing, and stickers
10/14/2010 entry changed to allow a fill-in section for the types of
vehicles
011 Fire table
These tables are in Class 11 because
they are specifically adapted to hold portable fireplaces.
013 Firearm sights
These sights are non-telescopic.
Telescopic firearm sights are in Class 9. On 01-01-2015, this 07-20-2004
entry was deleted pursuant to the deletion of “firearm sights” from the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. The
telescopic or non-telescopic nature of the sights must be indicated for proper
classification, e.g., “telescopic sights for firearms” in Class 9, or “sights,
other than telescopic sights, for firearms” in Class 13.
013 Firearm tactical rails
Firearm tactical rails are
component brackets of firearms that provide a standard platform for mounting
accessories and attachments, (e.g., for mounting scopes, lights, etc.) to the
firearm.
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.
004 Firelighters in the nature of kindling woods
On
06-19-2014, this 07-20-2004 entry was amended from “Firelighters [kindling
woods]” to the current entry to clarify the nature of the firelighters.
008 Fireplace bellows
This item was added to the 8th
edition of the Nice Agreement in Class 8. Therefore, the entry was transferred
from Class 20 to Class 8 in the US ID Manual.
006 Fireplace grates of metal
On 09-13-2012, this
07-01-2001 entry was modified by inserting “of metal” consistent with the
Alphabetical List entry “Gratings of metal” in Class 6.
008 Fireplace pokers, shovels, and brushes sold as a unit
On 09-13-2012, this 10-01-2002 entry was modified by deleting “tool sets”
and inserting “pokers, shovels, and brushes” to clarify the nature of the
goods.
020 Fireplace screens
09-13-2012: These goods are
classified in Class 20 because “Fire screens, domestic” is in the Alphabetical
List in Class 20. These goods are in the nature of furniture typically placed
in front of the fireplace opening to prevent sparks from escaping from the
fireplace. Fireplace screens are generally comprised of metal frames and metal
mesh screens and may include some decorative elements.
019 Fireproof cement coatings
On 06-30-2011, the
04-08-2010 entry was transferred from Class 2 to Class 19 because the goods
are listed in the Nice Alphabetical List in 19.
013 Firework bodies
On 04-02-2015, the 07-20-2004
entry, “Fireworks bodies” was amended to “Firework bodies” to match the TM5
approved entry.
013 Fireworks in shell form
On 04-02-2015, the
07-20-2004 entry, “Fireworks in shell forms” was amended to “Fireworks in
shell form” to match the TM5 approved entry.
045 Fire-fighting
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. On 01-17-2013, the 01-01-2002 entry
was modified by inserting a hyphen so that it would exactly match the wording
in the Nice Alphabetical List.
005 First aid kits for domestic or other non-professional
use
10-03-2013: Entry status changed from “A” added to “X”
example.
036 Fiscal valuation
On 01-01-2016, this 02-25-2010
entry was amended from “Fiscal valuations” to “Fiscal valuation” in compliance
with the Nice Classification, Tenth edition, version 2016, effective
01-01-2016.
031 Fish meal [animal feed]
On 10-15-2015, this
07-20-2004 entry was deleted because it is indefinite and does not clearly
indicate the nature of the goods. The Manual includes an entry for “Animal
feed” in Class 31.
008 Fish scoops
03-05-2015 - A fish scoop is a
hand-operated device comprised of a small net attached to a long handle used
to catch fish in a fish tank (when the tank has to be cleaned, for
example).
021 Fish tanks
01-01-2007 - This entry was
transferred from Class 16 to Class 21 pursuant to the 9th edition of Nice
Classification. On 07-21-2016, this 01-01-2007 entry of “Water tanks [for live
fish]” was amended to “Fish tanks” to incorporate the necessary information
within the brackets into the ID itself.
008 Fish tapes [hand tools]
These hand tools are used
by electricians to route new wiring through walls and through electrical
conduits.
029 Fish, namely, {indicate specific types}, not live
On 1-31-2013, the 4-2-1991 entry “Fish, namely, {indicate specific types} [not
live]” was modified to incorporate the bracketed wording into the
identification. Live fish are classified in Class 31.
029 Fish, not live
On 1-31-2013, the 8-1-2005 entry
“Fish [not live]” was modified to incorporate the bracketed wording into the
identification. Live fish are classified in Class 31.
005 Fish, pickles, preserved olives and dietary foods and
food-items that are gluten-free to accommodate special medical and health
conditions
1-1-2012 This entry of 3-1-2006 was deleted because it is
no longer acceptable under the Tenth Edition of the Nice Agreement, which
requires either specification that dietetic substances in Class 5 are adapted
for medical use or other wording to make clear that the substance is for the
treatment of a medical condition. The nature of the food or beverage (e.g.,
bread, tea, etc.) must also be specified in the identification.
028 Fishing lures resembling leeches
02/21/2013: This
04/02/1991 entry was modified from “Fishing lures, namely, leeches” to
“fishing lures resembling leeches.” “Fishing bait, live” is classified in the
Nice Alphabetical List in Class 31. Fishing lures are artificial items
designed to resemble and move like the prey of a fish. “Lures for hunting or
fishing” are in the Nice list in Class 28.
028 Fitness equipment, namely, a weighted bar to improve
posture and overall fitness
11-10-2011: While this wording is still
acceptable, the 10-07-2010 entry is being deleted from the Manual because it
is covered by the existing entry “Exercise weights” in Class 28. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
028 Fitness equipment, namely, straps used for yoga and other
fitness activities and for carrying a yoga mat
09-20-2012: Although
general purpose carrying straps are in Class 18, these straps are in Class 28
because they function primarily as sporting articles “for yoga and other
fitness activities,” and their function for carrying the yoga mat is ancillary
to that primary function.
028 Fitness machines and equipment, namely, weights,
treadmills, rowing machines, stair stepping machines, resistance machines,
stationary cycles
11-10-2011: While this wording is still acceptable,
the 06-19-2008 entry is being deleted from the Manual because each type of
equipment is already covered by existing Manual entries. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
012 Fitted antimicrobial covers for carts and carriage
handles
03-28-2013 - Fitted antimicrobial covers for carts and
carriage handles are in Class 12 because they are adapted for use with carts
and carriage handles in Class 12. These goods are primarily in the nature of
fitted covers, and the antimicrobial feature is ancillary to the primary
function of covering the vehicle parts.
012 Fitted automotive seat covers
06-11-2015: Status
of entry changed from “A”-Added to “X”-Example.
012 Fitted car seat covers
On 06-11-2015, this
02-07-2013 entry “Car seat covers [shaped or fitted]” was amended to delete
the bracketed wording and add “fitted” in order to clarify the nature of the
goods and the justification for classifying them in Class 12. Unfitted fabric
covers for vehicle seats are classified in Class 24. Fitted vehicle seat
covers is acceptable wording in Class 12; further specification is acceptable,
but it is not required. The status of the entry was also changed from
“A”-Added to “X”-Example.
012 Fitted covers for children's car seats
On
06-11-2015, this 04-23-2009 entry was amended to add “fitted” to clarify the
nature of the goods and the justification for classifying them in Class
12.
012 Fitted covers for motorized golf cart vehicles
On
01-01-2015, this 06-01-2001 entry was amended to replace “golf carts” with
“golf cart vehicles” to clarify the nature of the goods in compliance with the
Nice Classification, Tenth edition, version 2015, effective 01-01-2015.
Fitted covers for golf bag carts are classified in Class 28.
028 Fitted covers for non-motorized golf bag carts
On
01-01-2015, this 11-01-2005 entry was amended to add the word “bag” to clarify
the nature of the goods. Golf bag carts are carts that are used to carry golf
bags and equipment. Motorized or non-motorized golf bag carts are classified
in Class 28 because they are in the nature of sporting apparatus rather than
vehicles. Thus, fitted covers for motorized or non-motorized golf bag carts
are classified in Class 28. Golf carts in the nature of vehicles and fitted
covers therefor are classified in Class 12.
028 Fitted covers for non-motorized golf bag carts used to
protect against hail damage
On 01-01-2015, this 01-24-2013 entry was
amended to add the word “bag” to clarify the nature of the goods. Golf bag
carts are carts that are used to carry golf bags and equipment. Motorized or
non-motorized golf bag carts are classified in Class 28 because they are in
the nature of sporting apparatus rather than vehicles. Thus, fitted covers
for motorized or non-motorized golf bag carts are classified in Class 28.
Golf carts in the nature of vehicles and fitted covers therefor are classified
in Class 12.
028 Fitted covers specially adapted to protect video game
consoles for use with an external display screen or monitor
On
01-01-2012 this entry of 08-05-2010 was transferred from Class 9 in accordance
with the 10th Edition of Nice Agreement. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
020 Fitted cupboards
Fitted cupboards are furniture
items intended to be built-in or permanently installed in bedrooms or
kitchens, for example.
011 Fitted fabric cover for a garment steamer head
On
1-1-2012, this Class 9 electric or electrothermic apparatus entry of 1-4-2007
was transferred to Class 11(as a fitted cover for a steam generating
apparatus), pursuant to the 10th Edition of the Nice Agreement.
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.
020 Fitted kitchen furniture
Fitted kitchen furniture
is intended to be built-in or permanently installed in kitchens.
021 Fitted picnic baskets
08-01-2013: Fitted picnic
baskets are sold already fitted with Class 21 items such as plates and cups,
and may also contain other items classified in other classes (such as cutlery
in Class 8 or travelling blankets in Class 24).
021 Fitted picnic baskets, including dishes
Fitted
picnic baskets is acceptable wording; further specification is also
acceptable, but it is not required.
028 Fitted plastic films known as skins for covering and
protecting electronic game playing apparatus, namely, {indicate specific
items, e.g., video game consoles, hand-held video game units}
On
10-09-2014, the 06-21-2012 entry was modified by deleting “gaming” and
inserting “game playing” to make clear that “gaming” in this context refers to
recreational computer game playing, and not gambling.
009 Fitted plastic films known as skins for covering and
providing a scratch proof barrier or protection for electronic devices,
namely, MP3 players, mobile telephones, smart telephones, digital cameras,
global positioning systems and personal digital assistants [excluding game
apparatus]
09-26-2013: Entry status changed from “A” added to “X”
example in light of existing customizable entry “Fitted plastic films known as
skins for covering and protecting electronic apparatus, namely {indicate
specific items, e.g., mobile phones, portable music players, personal digital
assistants, etc.}[excluding game apparatus].” Fitted plastic films for gaming
apparatus are in Class 28 as of the 10th Edition of Nice.
009 Fitted plastic films known as skins for covering and
protecting electronic apparatus, namely, {indicate specific items, e.g.,
mobile phones, portable music players, personal digital assistants, etc.}
[excluding gaming apparatus]
On 12-06-2012, this 08-05-2010 entry
“Fitted plastic films known as skins for covering and protecting electronic
apparatus, namely, {indicate specific items, e.g., mobile phones, portable
music players, personal digital assistants}” was amended to make explicit the
rationale for classification in Class 9. As previously written, the ID could
be interpreted as including fitted plastic films for gaming devices in Class
28 since all game apparatus are in Class 28 because “games and playthings” are
in the Class Heading under the 10th Edition.
009 Fitted protective skins comprised of {indicate material,
e.g., rubber, silicone, etc.} for covering drive-thru communication
headsets
These goods are classified in Class 9 because they are
fitted covers for goods classified in Class 9; specification as to the
material composition of the fitted covers is acceptable, but it is not
required.
012 Fitted seat covers for vehicles
On 06-11-2015,
this 11-15-2007 entry was amended to add “fitted” to clarify the nature of the
goods and the justification for classifying them in Class 12. Unfitted fabric
covers for vehicle seats are classified in Class 24. The status of the entry
was also changed from “A”-Added to “X”-Example.
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 over 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.
012 Fitted vehicle covers for {specify type of vehicle, e.g.,
motorcycles, automobiles, motorized golf carts, etc.} for the purpose of
{indicate purpose, e.g., protecting against harsh weather, shielding from bird
droppings, etc.}
“Fitted covers for vehicles” is an acceptable
identification; further specification of the type of vehicle or purpose of the
cover is acceptable, but it is not required.
012 Fitted vehicle seat covers
On 06-11-2015, this
04-02-1991 entry was amended to add “fitted” to clarify the nature of the
goods and the justification for classifying them in Class 12. Unfitted fabric
covers for vehicle seats are classified in Class 24.
044 Fitting of contact lenses
This entry was
transferred from Class 42 to Class 44 due to the restructuring of 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 of Class 42
that was implemented in the 8th edition of the Nice Agreement.
020 Flagpoles and plastic flags and accessories for flags and
flagpoles sold together as a unit, namely, rods, rod supports and couplers,
connectors, pins, brackets, clamps, fasteners, nuts and bolts, and pole
supports
01-16-2014: Entry status changed from “A” added to “X”
example.
013 Flare pistols
These goods are primarily in the
nature of pistols for launching flares, and therefore they are classified in
Class 13 with the Pistols rather than Class 11 with the Flares.
011 Flare stacks for use in the oil industry
Flare
stacks are also known as “gas flares.”
011 Flares
These flares are for illumination purposes
rather than emergency or safety purposes such as highway flares.
008 Flat irons
All flat irons are in Class 8 in
accordance with the 10th Edition of the Nice Agreement.
008 Flat irons, electric
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 11-8-2007 was transferred to
Class 8 (the class of its non-electric counterparts), pursuant to the 10th
Edition of the Nice Agreement.
021 Flat-iron stands
On 02-14-2013, this 06-14-2012
entry was amended to correct classification of the “flat-iron stands” from
Class 6 to Class 8, the same class as the “flat irons.” On 5-23-2013, the
classification of this 2-14-2013 entry was changed from Class 8 to Class 21
because “flat-iron stands” appear in the Nice Alphabetical List in Class
21.
033 Flavored liquors
Liquor is acceptable wording;
further specification is also acceptable, but it is not required.
030 Flavorings [other than essential oils]
On
01-01-2015, this 11-22-2007 entry was deleted. Under the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015, the Alphabetical List
indication “flavourings, other than essential oils/flavorings, other than
essential oils” was amended to “food flavourings, other than essential
oils/food flavorings, other than essential oils.” Thus, “flavorings” or
“flavourings” is indefinite and overly broad under NCL 10-2015 because it is
unclear if the goods are used in connection with food and/or beverages, or
other types of flavored products. The ID Manual includes entries for “Food
flavorings [non-essential oils]” and “Food flavourings,” in Class 30. Please
consult the Manual for guidance on classifying flavorings which are not used
for food or beverages. For example, “flavorings, other than essential oils,
for tobacco” is classified in Class 34. 01-01-2016: “Food flavorings” or
“beverage flavorings” is indefinite and overly broad under Nice 10-2016
because it is unclear whether the goods are essential oils appropriate to
Class 3 or food flavorings other than essential oils in Class 30.
030 Flavorings for beverages
On 01-01-2016, this
10-01-2005 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. “Flavourings for beverages
[essential oils] / flavorings for beverages [essential oils]” appears in the
Nice Alphabetical List in Class 3. Thus, the identification is indefinite and
broad because it is unclear whether the goods are in the nature of essential
oils.
030 Flavorings for beverages, other than essential oils
01-01-2016: Status of entry changed from “A”-Added to “X”-Example.
034 Flavorings for tobacco, other than essential oils
On 01-01-2015, this 04-02-1991 entry was transferred from Class 30 to Class 34
in compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. Flavorings for food or beverages are classified in Class
30. 01-01-2016: On 01-01-2016, this 01-01-2015 entry was amended to add “other
than essential oils” to clarify the nature of the goods and the justification
for their classification. “Essential oils” appears in the Nice Alphabetical
List in Class 3. Flavorings that are essential oils are classified in Class
3, including food, beverage, or tobacco flavorings that are essential
oils.
034 Flavorings for tobacco substitutes, other than essential
oils
On 01-01-2015, this 04-04-2013 entry was transferred from Class
30 to Class 34 in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. Flavorings for food or beverages are
classified in Class 30. 01-01-2016: On 01-01-2016, this 01-01-2015 entry was
amended to add “other than essential oils” to clarify the nature of the goods
and the justification for their classification. “Essential oils” appears in
the Nice Alphabetical List in Class 3. Flavorings that are essential oils are
classified in Class 3, including food, beverage, or tobacco flavorings that
are essential oils.
030 Flavourings [not essential oils]
On 01-01-2015,
this 07-20-2004 entry was deleted. Under the Nice Classification, Tenth
edition, version 2015, effective 01-01-2015, the Alphabetical List indication
“flavourings, other than essential oils/flavorings, other than essential oils”
was amended to “food flavourings, other than essential oils/food flavorings,
other than essential oils.” Thus, “flavorings” or “flavourings” is indefinite
and overly broad under NCL 10-2015 because it is unclear if the goods are used
in connection with food and/or beverages, or other types of flavored products.
The ID Manual includes entries for “Food flavorings [non-essential oils]” and
“Food flavourings,” in Class 30. Please consult the Manual for guidance on
classifying flavorings which are not used for food or beverages. For example,
“flavorings, other than essential oils, for tobacco” is classified in Class
34. 01-01-2016: “Food flavorings” or “beverage flavorings” is indefinite and
overly broad under Nice 10-2016 because it is unclear whether the goods are
essential oils appropriate to Class 3 or food flavorings other than essential
oils in Class 30.
030 Flavourings [other than essential oils]
On
01-01-2015, this 11-22-2007 entry was deleted. Under the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015, the Alphabetical List
indication “flavourings, other than essential oils/flavorings, other than
essential oils” was amended to “food flavourings, other than essential
oils/food flavorings, other than essential oils.” Thus, “flavorings” or
“flavourings” is indefinite and overly broad under NCL 10-2015 because it is
unclear if the goods are used in connection with food and/or beverages, or
other types of flavored products. The ID Manual includes entries for “Food
flavorings [non-essential oils]” and “Food flavourings,” in Class 30. Please
consult the Manual for guidance on classifying flavorings which are not used
for food or beverages. For example, “flavorings, other than essential oils,
for tobacco” is classified in Class 34. 01-01-2016: “Food flavorings” or
“beverage flavorings” is indefinite and overly broad under Nice 10-2016
because it is unclear whether the goods are essential oils appropriate to
Class 3 or food flavorings other than essential oils in Class 30.
030 Flavourings of almond, other than essential oils, for food
or beverages
On 01-01-2015, this 07-20-2004 entry was amended to add
the words “for food or beverages” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015. 01-01-2016: On 01-01-2016,
this 01-01-2015 entry was amended to add “other than essential oils” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food or beverage flavorings that are essential oils are
classified in Class 3. The identification must indicate whether or not
food/beverage flavorings are essential oils for appropriate classification of
the goods.
030 Flavourings of lemons, other than essential oils, for food
or beverages
On 01-01-2015, this 07-20-2004 entry was amended to add
the words “for food or beverages” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015. 01-01-2016: On 01-01-2016,
this 01-01-2015 entry was amended to add “other than essential oils” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food or beverage flavorings that are essential oils are
classified in Class 3. The identification must indicate whether or not
food/beverage flavorings are essential oils for appropriate classification of
the goods.
030 Flavourings of tea, other than essential oils, for food or
beverages
On 01-01-2015, this 07-20-2004 entry was amended to add the
words “for food or beverages” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015. 01-01-2016: On 01-01-2016,
this 01-01-2015 entry was amended to add “other than essential oils” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food or beverage flavorings that are essential oils are
classified in Class 3. The identification must indicate whether or not
food/beverage flavorings are essential oils for appropriate classification of
the goods.
030 Flavourings, other than essential oils, for cakes
01-01-2016: Status of entry changed from “A”-Added to “X”-Example.
030 Flavourings, other than essential oils, for butter
On 01-01-2016, this 07-20-2004 entry was amended to add “other than
essential oils” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Food flavorings that are essential oils
are classified in Class 3. The identification must indicate whether or not
food or beverage flavorings are essential oils for appropriate classification
of the goods.
030 Flavourings, other than essential oils, for cheeses
On 01-01-2016, this 07-04-2004 entry was amended to add “other than
essential oils” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Food flavorings that are essential oils
are classified in Class 3. The identification must indicate whether or not
food/beverage flavorings are essential oils for appropriate classification of
the goods.
030 Flavourings, other than essential oils, for foods
On 01-01-2016, this 01-31-2008 entry was amended to add “other than essential
oils” in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food flavorings that are essential oils are classified
in Class 3. The identification must indicate whether or not food/beverage
flavorings are essential oils for appropriate classification of the goods.
030 Flavourings, other than essential oils, for soups
On 01-01-2016, this 07-20-2004 entry was amended to add “other than essential
oils” in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food flavorings that are essential oils are classified
in Class 3. The identification must indicate whether or not food/beverage
flavorings are essential oils for appropriate classification of the goods.
030 Flaxseed for human consumption
01-01-2016:
“Linseed for human consumption/flaxseed for human consumption” appears in the
Nice Alphabetical List in Class 30 and encompasses processed goods. “Edible
linseed, unprocessed / edible flaxseed, unprocessed” was added to the Nice
Alphabetical List in Class 31 under Nice 10-2016.
022 Flexible and portable plastic bag for carrying gasoline or
other liquid 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 Class 20 items. Bags of this type are in
22.
018 Flexible bags for garments
The 7-20-2004 entry is
too broad and includes “garment bags for travel” in Class 18 and “garment bags
for storage” in Class 22.
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. 9-4-08 - These are general plumbing pipes that run
through a house or street. Plumbing pipes that are directly connected to the
sanitary installations (sinks, showers, etc.) are in Class 11.
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 plumbing pipes of plastic
The word
“flexible” was added to the text - only flexible pipes are in Class 17 under
the Nice Agreement.
009 Flight simulators
02-28-2013 - Flight simulators
are in the nature of computer hardware and software-based apparatus designed
to re-create aircraft flight conditions so that the user can practice skills
necessary to operate the aircraft under real circumstances. Flight simulators
may also be used in design and testing of newly developed aircraft.
009 Flight simulators for aircraft
02-28-2013 -
Flight simulators are in the nature of computer hardware and software-based
apparatus designed to re-create aircraft flight conditions so that the user
can practice skills necessary to operate the aircraft under real
circumstances. Flight simulators may also be used in design and testing of
newly developed aircraft.
028 Floats for bathing and swimming
1-1-2012 These
goods are in the Nice Alphabetical List in Class 28, under the Tenth Edition
of the Nice Agreement. These goods are considered swimming equipment that is
used for training purposes or that has a purpose other than that of life or
body protection.
001 Flocculants
Flocculants are chemicals that
promote the clumping of suspended particles.
019 Floor boards [of wood]
On 1-1-2013, the
07-20-2004 entry was deleted and replaced by “Wooden floor boards” based on
the modification of “Floor boards” in the Alphabetical List to “Wooden floor
boards,” under the NCL 10-2013. This modification is intended to clarify the
nature of the goods in Class 19.
019 Floor panels not of metal
Specification added
that floor panels in Class 19 must be made of nonmetal material. Metal floor
panels are in Class 6.
003 Floor wax removers
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
019 Flooring comprised of {indicate non-metal composition,
e.g., rubber, PVC, etc.} adapted for physical fitness activities
Metal flooring is in Class 6.
027 Flooring coverings made of drugget
Drugget may be
defined as a wool or partly wool fabric, or a course cloth or rug made of this
fabric used as a floor covering.
009 Floppy discs for computers for {specify the function of
the programs on the disc, e.g., for use in database management, for use as a
spreadsheet, for word processing, etc. and, if software is content- or
field-specific, the content or field of use}
12-15-2011: Amended the
09-01-2002 entry by deleting “featuring” and inserting “for” to more clearly
indicate that applicants must specify the function of the programs recorded on
the discs.
009 Floppy disks
On 06-02-2016, this 12-24-2015 entry
was deleted because it is indefinite in Class 9. Descriptions of floppy
computer discs must indicate that the goods are blank, if accurate.
Descriptions of recorded floppy computer discs must indicate the function of
the recorded software programs. Examples of definite wording include blank
floppy computer discs and floppy discs for computers for database management
in Class 9.
030 Flour-based gnocchi
Gnocchi can be made primarily
from flour or primarily from potatoes - the primary ingredient will affect the
classification and should be reflected in the ID.
021 Flower and plant cultivation trays
09-22-2011:
Amended the 04-09-2009 entry by deleting “made of biodegradable material” to
make clear that goods of this type are classified in 21 whether they are
comprised of paper or plastic or any other material. The function of the goods
drives the classification - not the material composition.
044 Flower arranging
This entry was transferred from
Class 42 to Class 44 due to the restructuring of 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 edition 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 edition of
the Nice Agreement.
011 Flushometer valves
Class 11 includes valves for
plumbing and heating and cooling installations regardless of material
composition. If not for these purposes, note that manually operated metal
valves are in Class 6; valves being machine parts and engine valves 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
operated valves are in Class 20.
021 Foam applicator sticks for applying cosmetics,
administering pharmaceuticals and cleaning machinery or computer hardware
The language cosmetic applicators would not be acceptable in Class 21
because certain cosmetic applicators such as cotton balls for cosmetic
purposes are in Class 3.
021 Foam drink holders [sleeves]
On 04-12-2012, this
06-01-2001 entry was amended by inserting “[sleeves]” to clarify the nature of
the goods.
026 Foam hair rollers
11-20-2014 - Foam massage
rollers are classified in Class 10. 08-25-2016 - Foam exercise rollers are
classified in Class 28.
010 Foam massage rollers
11-20-2014 - Foam massage
rollers are also called “foam rollers” in the marketplace. Foam hair rollers
are classified in Class 26. 08-25-2016 - Although foam massage rollers are
also called “foam rollers” in the marketplace, the term “foam rollers” is
indefinite and overbroad under U.S. ID policy and may include foam massage
rollers in Class 10, foam hair rollers in Class 26, or foam exercise rollers
in Class 28. The term “foam rollers” must be further specified.
017 Foam supports for floral arrangements
This item
accepted in Class 17 in the 8th edition of the Nice Agreement. Therefore, the
entry was transferred from Class 20 to Class 17 in the US ID Manual.
001 Fodder acidifiers for use in manufacturing animal fodder
[additives]
Animal fodder additives for medical purposes are in Class
5, and animal fodder additives for use in manufacturing animal feed are in
Class 1. The nature of the additives (e.g., acidifiers, enzymes, etc.) should
also be specified.
005 Fodder acidifiers for medical purposes [additives]
Animal fodder additives for medical purposes are in Class 5, and animal
fodder additives for use in manufacturing animal feed are in Class 1. The
nature of the additives (e.g., acidifiers, enzymes, etc.) should also be
specified.
005 Fodder additives for medical purposes
1-5-2012
This entry of 07-20-2004 has been deleted under the 10th Edition of the Nice
Agreement since “Additives to fodder for medical purposes” has been deleted
from the Nice Alphabetical List. Additives in the nature of dietary
supplements for humans or for animals are in Class 5.
016 Folders for papers
Folders is acceptable wording;
further specification is also acceptable, but it is not required.
021 Fondant cutters
These are not cutters in the
sense of knives - they are more analogous to molds that make fondant in
certain shapes.
011 Fondue pots with heat source
3/19/09 - “with heat
source” added to 4/1/05 entry to make ID appropriate for Class 11. A fondue
pot without a heat source as part of the pot system is in Class 21
030 Food additives for non-nutritional purposes for use as a
flavoring
Deleted use as “ingredient or filler.” Those uses are
indefinite for classification determination. On 1-12-2012, the 7-12-2007
entry was deleted because it is not acceptable under the 10th Edition of the
Nice Agreement. Food additives must specify both the nature of the additive
(e.g., gluten, cream of tartar) as well as the purpose of the additive. Here,
while the purpose is specified, the nature of the additive is unclear.
029 Food additives in the nature of fat acids made from meat,
fish, fruits, vegetables, eggs, milk and edible oils and fats
On
01-26-2012, this 06-14-2007 entry was deleted because it is overbroad and may
include goods in multiple classes. Under the Tenth Edition of Nice
Classification System, applicants must indicate the generic name of the food
additives and their purpose and classify those goods according to purpose
(when the goods are for culinary purposes, then the nature of the additives
also factors into the classification).
029 Food additives, namely, natural food extracts derived from
fish, fish oil, fish protein, algae, seaweed, fish or shark cartilage, or
seashells not for medicinal purposes and for human consumption
On
1-1-2012, the 12-24-2009 entry was deleted because it is not acceptable under
the 10th Edition of the Nice Agreement. Food additives for culinary purposes
are classified in Classes 29-33 depending on the nature of the goods. Food
additives for the food industry are classified in Class 1. The wording “for
human consumption” is unclear as to the purpose of the goods.
021 Food and beverage cooling and heating receptacles
containing heat exchange fluid for household purposes
10-7-10 -
7-1-04 entry transferred from Class 11 to bring it into compliance with Nice
Agreement Alphabetical List entry for “Food cooling devices, containing heat
exchange fluids, for household purposes” in Class 21.
030 Food flavoring additives for non-nutritional purposes
On 01-01-2015, this 04-02-1991 entry was amended to add the word “food”
in compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. 01-01-2016: On 01-01-2016, this 01-01-2015 entry was
deleted because the entry is indefinite and overly broad under Nice 10-2016.
Under the 10th edition of the Nice Agreement, food additives are classified
according to their particular purposes, and the name of the additive must be
specified. See TMEP §1401.11(c). Food additives for industrial purposes are
classified in Class 1. Food additives for culinary purposes are classified
according to the particular nature of the food additives. Under Nice 10-2016,
food flavorings that are essential oils are classified in Class 3, and food
flavorings that are not essential oils are classified in Class 30.
030 Food flavorings being non-essential oils
On
01-01-2016, this 04-02-1991 entry was amended from “Food flavorings
[non-essential oils]” to “Food flavorings being non-essential oils” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food flavorings that are essential oils are classified
in Class 3. The identification must indicate whether or not food flavorings
are essential oils for appropriate classification of the goods.
030 Food flavourings, other than essential oils
On
01-01-2016, this 01-31-2008 entry was amended to add “other than essential
oils” in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Food flavorings that are essential oils are classified
in Class 3. The identification must indicate whether or not food flavorings
are essential oils for appropriate classification of the goods.
030 Food flavourings, other than essential oils, and
seasonings
On 01-01-2015, this 01-31-2008 entry was amended to add
the wording “food” in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. Under NCL 10-2015, the Alphabetical List
indication “flavourings, other than essential oils/flavorings, other than
essential oils” was amended to “food flavourings, other than essential
oils/food flavorings, other than essential oils.” Thus, “flavorings” or
“flavourings” is indefinite and overly broad under NCL 10-2015 because it is
unclear if the goods are used in connection with food and/or beverages, or
other types of flavored products. Please consult the Manual for guidance on
classifying flavorings which are not used for food or beverages. For example,
“flavorings, other than essential oils, for tobacco” is classified in Class
34. 01-01-2016: On 01-01-2016, this 01-01-2015 entry was amended to add
“other than essential oils” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Food flavorings that are
essential oils are classified in Class 3. The identification must indicate
whether or not food flavorings are essential oils for appropriate
classification of the goods.
005 Food for diabetics
On 1-1-2012 the 4-2-1991 entry
“food for diabetics” was deleted because it is no longer acceptable under the
Tenth Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. For example, “Diabetic bread adapted for
medical purposes” has been added in Class 5.
005 Food for medically restricted diets
1-1-2012 This
entry of 7-1-1994 was deleted because it is no longer acceptable under the
Tenth Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification.
030 Food leavening agents
This entry was transferred
from Class 1 to Class 30 since yeast, a food leavening agent, is classified in
Class 30. Also, the specification of “commercial” use was deleted form the
entry.
044 Food nutrition consultation
This entry was
transferred from Class 42 to Class 44 due to the restructuring of 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 the end user.
Food processing or preparation, that is, the manufacture of food to be further
processed or resold before it reaches the final consumer is in Class 40.
043 Food preparation services featuring fresh, properly
proportioned, healthy meals designed to fuel metabolism and burn fat and made
to order for delivery or pick up
On 10-6-2011, this 9-11-2008 entry
was deleted because, although acceptable, it is covered by a fill-in entry of
“Food preparation services featuring {indicate type of food, e.g., fish and
poultry, low-fat and low-sodium meals, etc.} 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
009 Food safety monitoring devices, namely, {specify the type
of device, e.g., thermometers, alarms, etc.}
The devices must be of
the type listed in the Class 9 Heading, e.g., scientific, nautical, surveying,
photographic, cinematographic, optical, weighing, etc.
042 Food safety testing and consultation related thereto
4-16-09 - “related thereto” added to 8-1-05 entry to clarify that the
consultation must be related to food safety testing. Consultation related to
other aspects of food safety would be in other classes such as 37
(cleanliness) and 45 (security and prevention of health risk)
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
services that correspond to the subject matter of the consultation.
043 Food sculpting
02-11-2016: Food sculpting is in
the Nice Alphabetical List in Class 43 as a food preparation-type service.
035 Food services management for others
Food service
managers are responsible for the daily business operation of restaurants and
other establishments that prepare and serve food and beverages. They direct
staff to ensure that customers are satisfied with their dining experience, and
they manage the business to ensure that it is profitable.
043 Food truck parks
Food truck parks are specialized
facilities for providing food and drink via mobile food trucks.
016 Food wrapping plastic film
Plastic films are
generally classified according to function or purpose of the goods: Class 16
for “wrapping or packaging” purposes, and Class 17 for “packing” or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture. The identification should indicate the purpose of the goods for
proper classification.
005 Foods and snacks which are free of {specify specific
allergens or ingredients, e.g., wheat, milk, soy, nuts, etc.} to accommodate
special medical and health conditions
1-1-2012 This entry of
5-12-2001 was deleted because it is no longer acceptable under the Tenth
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification, and the wording “food and snacks” is too
broad.
005 Foods for individuals with special dietary requirements
necessitated by medical treatments
1-1-2012 This entry of 1-29-2009
was deleted because it is no longer acceptable under the Tenth Edition of the
Nice Agreement, which requires either specification that dietetic substances
in Class 5 are adapted for medical use or other wording to make clear that the
substance is for the treatment of a medical condition. The nature of the food
or beverage (e.g., bread, tea, etc.) must also be specified in the
identification, and the wording “food” is too broad.
005 Foods for medical purposes that help in the treatment of
thrombolysis
1-24-2012 This entry of 5-8-2008 was deleted because it
is no longer acceptable under the Tenth Edition of the Nice Agreement, which
requires either specification that dietetic substances in Class 5 are adapted
for medical use or other wording to make clear that the substance is for the
treatment of a medical condition. The nature of the food or beverage (e.g.,
bread, tea, etc.) must also be specified in the identification.
031 Foodstuffs for birds
“Foodstuff for animals” is
an acceptable identification; further specification of the type of animal is
acceptable, but it is not required.
031 Foodstuffs for calves
“Foodstuff for animals” is
an acceptable identification; further specification of the type of animal is
acceptable, but it is not required.
031 Foodstuffs for chickens
“Foodstuff for animals”
is an acceptable identification; further specification of the type of animal
is acceptable, but it is not required.
031 Foodstuffs for dogs
“Foodstuff for animals” is an
acceptable identification; further specification of the type of animal is
acceptable, but it is not required.
031 Foodstuffs for fish
“Foodstuff for animals” is an
acceptable identification; further specification of the type of animal is
acceptable, but it is not required.
031 Foodstuffs for poultry
“Foodstuff for animals” is
an acceptable identification; further specification of the type of animal is
acceptable, but it is not required.
003 Foot deodorant spray
Note that household, room
and other deodorants not used on the body are in Class 5.
021 Foot exfoliating pads
8-20-09 - Entry of 4-30-09
transferred from Class 3 to be consistent with exfoliating pads and
exfoliating mitts in Class 21.
025 Foot volleyball shoes
Foot volleyball, known as
“jokgu” in Korean, is a Korean sport that shares elements of both soccer and
volleyball.
009 Force measurement products, namely, digital force gauges,
digital torque gauges and manual and motorized test stands used therewith sold
as a unit with the gauges
01-16-2014: Entry status changed from “A”
added to “X” example.
045 Forecasting services in the nature of fortune telling
This entry was transferred from Class 42 to Class 45 due to the
restructuring of 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.
036 Formation, offering and management of limited
partnerships
On 10-20-2016, this 04-02-1991 entry was deleted because
it is indefinite and overbroad. As worded, the identification encompasses
services in other classes, such as Class 45 legal services.
029 Formed textured vegetable protein to be used as an
extender or meat substitute
On 1-1-2012, this entry of 4-2-1991 was
deleted and was replaced with the entry “Formed textured vegetable protein for
use as a meat substitute.” The original wording is no longer acceptable under
the 10th Edition of the Nice Agreement because it is indefinite as to the
purpose of the goods and may include goods in more than one class.
029 Formed textured vegetable protein for use as a meat
substitute
On 1-1-2012, the entry “Formed textured vegetable protein
for use as a meat extender or meat substitute” of 4-2-1991 was amended to
delete the wording “meat extender or.” The original wording is no longer
acceptable under the 10th Edition of the Nice Agreement because it is
indefinite as to the purpose of the goods and may include goods in more than
one class.
003 Foundation [not acceptable alone, but acceptable in a list
of cosmetics]
Foundation and foundations is now accepted alone in
Class 3 - this entry is inconsistent with the others.
003 Foundations
10-05-11: This entry refers to
make-up. 09-26-2013: Status of entry changed from “A”-Added to
“X”-Example.
021 Fragrance oil burners
03-05-2015 - Fragrance oil
burners are non-electric and are sold without the scented oils.
016 Framed and matted art pictures featuring calligraphy,
pressed flowers and/or images of pressed flowers
09-05-2013: Status
of entry changed from “A”-Added to “X”-Example.
016 Framed art prints
09-05-2013: Status of entry
changed from “A”-Added to “X”-Example.
016 Frames and fiberboard for displaying X-rays
7-8-10 - This 4-2-91 item was deleted from the Manual because it is unclear
what the goods are and the language is, in general, unclear for
classification.
009 Frames for photographic transparencies
Frames for
photographic transparencies are the outer edges of slides which surround
photographic transparencies so that the transparencies may be viewed or moved
without directly touching the image.
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 in information technology or other
fields that would not be included in Class 35 assistance.
035 Franchising, namely, offering business management
assistance in the establishment and/or operation of {indicate specific area of
business, e.g., restaurants, shoe stores, car washes}
11-26-2009 -
Original entry added to the Manual on 04-02-1991; on 11-26-2009, the original
wording “technical assistance” was changed to “business management assistance”
because “technical assistance” is broad enough to include assistance in
information technology or other fields that would not be included in Class
35.
016 Franking machines for office use
On 1-1-2012,
this entry of 7-20-2004 was amended from “Franking machines [stamping
machines] to “Franking machines for office use” pursuant to the 10th Edition
of the Nice Agreement.
045 Fraud detection services in the field of credit cards for
on-line purchasing
This entry was transferred from Class 42 to Class
45 due to the restructuring of 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.
020 Freestanding partitions [furniture]
Partitions in
the nature of building materials are classified in Class 6 or 19 depending on
whether they are metal or non-metal, respectively, but freestanding partitions
are classified in Class 20 as furniture, and applicants are not required to
specify the material composition.
009 Free-space optics transmission systems, Ethernet switches
and routers, and software sold both as components thereof and separately,
namely, software adapted and arranged for operating, installing, testing,
diagnosing and managing the forgoing telecommunication equipment
08-29-2013: Entry status changed from “A” added to “X” example.
016 Free-standing and wall-mounted paper and cardboard boxes
for depositing a written message or prayer wishing a loved one well, for use
in hospitals, elder care residences, schools, and institutions for children
with special needs
09-05-2013: Status of entry changed from “A”-Added
to “X”-Example.
020 Free-standing drawer unit for organizing items used in
braiding shops, barber shops, and styling shops
09-05-2013: Entry
status changed from “A” added to “X” example.
006 Free-standing metal panel units for exhibitions, displays
and partitioning
On 1-1-13, the 08-09-2007 entry was deleted because
both metal and non-metal panel units for exhibitions, displays, and
partitioning are classified in Class 20 as furniture. The classification of
these panel units is based on the function of the goods - not their material
composition.
020 Free-standing panel units for exhibitions, displays and
partitioning
On 1-1-13, the 08-09-2007 entry was modified by deleting
“non-metal” because both metal and non-metal panel units for exhibitions,
displays, and partitioning are classified in Class 20 as furniture. The
classification of these panel units is based on the function of the goods -
not their 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 seller.
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 buyer or seller.
035 Freight management services, namely, shipment processing,
preparing shipping documents and invoices, tracking documents, packages and
freight over computer networks, intranets and the internet for business
purposes
On 08-09-2012, the 04-29-2010 entry was modified by deleting
“Business services, namely, freight information management services,” and
inserting “Freight management services, namely,” and “for business purposes”
to clarify the nature of the services and the justification for classifying
them in Class 35.
039 Freighting services
These services refer to the
shipping or transport of goods.
029 French fried potato dish consisting primarily of french
fries and gravy, cheese curds or other toppings (Poutine)
On
01-03-2013, this 03-04-2010 entry was clarified by changing “French fry food
item” to “French fried potato dish consisting primarily of...” Additionally,
the French Canadian term for the dish, Poutine, was inserted as a
parenthetical.
020 French memory boards
On 02-13-2014, the
12-23-2010 was changed from “French memo board” in Class 20 to “French memory
board” in Class 20. French memory boards are display boards that are typically
covered in fabric and incorporate criss-crossing ribbons for attaching notes,
photos, etc., to the board. FRENCH MEMO BOARD is a registered trademark, U.S.
Reg. No. 2685192, for display boards for pictures, photographs, memos, note
cards, or other paper-like products, and must not be used as a generic term in
the identification of goods, TMEP 1402.09.
002 French polish
These goods are in the nature of a
varnish or shellac that is typically used to finish wood. Nail polishes are in
Class 3.
009 Frequency stabilizers
Frequency stabilizers are
electronic devices used to protect against fluctuations in frequency.
009 Frequency synthesizers
Frequency synthesizers are
electronic devices that generate a range of frequencies from a single fixed
timebase or oscillator.
031 Fresh anchovies
5-27-10 - 4-2-91 entry deleted
because a processed anchovy can be fresh but would be in Class 29. Only live
anchovies are in Class 31.
031 Fresh edible rootstocks
Rootstocks are similar to
root vegetables.
031 Fresh fruits
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
031 Fresh grapefruits
On 11-26-2015, the 09-03-2015
entry “fresh grapefruit” was amended to “fresh grapefruits” to match the TM5
approved entry.
031 Fresh khorasan wheatgrass
Khorasan is the common
name of the Triticum turanicum wheat variety.
031 Fresh microgreens
Microgreens are the shoots of
young lettuce plants.
031 Fresh vegetables
10-11-2012 Fresh vegetables are
listed in the Heading for Class 31 and in the Nice Alphabetical List in Class
31. They are vegetables that have not been processed (e.g., cut, sliced,
diced, canned, etc.) for consumption.
029 Fried platano [plantain]
On 02-02-2012 this
06-05-2008 entry was deleted because it is already adequately covered by
another entry “fried plantains.”
024 Frieze [cloth]
09-02-10: Added “[cloth]” to the
entry to make it consistent with the Nice Classification List entry and to
clarify the nature of the goods. 09-09-10: This entry for “Frieze” refers to a
heavy durable wool fabric, but the term “Frieze” may also refer to an
architectural element - when the term is used to refer to an architectural
element, the goods should be classified in 6 or 19 depending on their material
composition.
030 Fritters, namely, {specify type, e.g., corn, apple}
Fritters are in Class 30 but should be set out as a phrase, e.g., corn
fritters, apple fritters since this is how they are commonly referred to.
025 Frocks
05-14-2015: A frock is an outer garment
worn by monks and friars.
030 Frozen dough
Dough is acceptable wording; further
specification is acceptable, but it is not required.
030 Frozen flour-free foods, namely, waffles, pancakes,
crepes, sandwich wraps, muffins and griddle cake sandwiches which are
protein-enriched
09-12-2013: Entry status changed from “A” added to
“X” example.
043 Frozen yogurt shop services in the nature of a
restaurant
This service is not classified in Class 35 as a retail
shop service because that service focuses of featuring a product for purchase
rather than on the preparation and the serving of food for consumption on the
premises
030 Fruit flavourings for food or beverages, except
essences
On 01-01-2015, this 07-20-2004 entry was amended to add the
words “for food or beverages” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015.
030 Fruit ice
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
030 Fruit jellies [confectionery]
08-25-2011: Deleted
the 07-20-2004 entry because it caused confusion with “Fruit jellies [not
being confectionery],” in Class 29, and replaced it with “Fruit jelly candy”
in Class 30.
032 Fruit juice, namely, {indicate specific type, e.g., apple,
grape, etc.} juice
On 07-28-2016, the 04-02-1991 entry “Fruit juices,
namely, {indicate specific type, i.e., apple, grape} juice” was modifed to
“Fruit juice, namely, {indicate specific type, e.g., apple, grape, etc.}
juice.”
029 Fruit pectin for culinary purposes
On 1-12-2012
the 4-2-1991 entry “fruit pectin” was amended to “fruit pectin for culinary
purposes” to clarify the nature and purpose of the goods, pursuant to the 10th
Edition of the Nice Agreement.
029 Fruit pulps
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
029 Fruit sauces
Confusing with the sauces in Class
30. The cranberry sauce and applesauce that are in Class 29 are side dishes,
not true sauces.
030 Fruit sauces excluding cranberry sauce and applesauce
Cranberry sauce and applesauce are specifically excluded from this entry
because they are in Class 29 since they are considered fruit-based side dishes
and not true sauces.
029 Fruit- and nut-based snack bars featuring a chocolate
coating
Snack bars, not used for medical purposes, are classified
according to the primary ingredients of the snack bar. Although chocolate is
classified in Class 30, fruit- and nut-based snack bars featuring a chocolate
coating are classified in Class 29, because the primary ingredients, processed
fruits and nuts, are classified in Class 29. These goods are not intended as
confectionery items.
029 Fruit-based organic food bars, also containing {indicate
other ingredients included in the goods, e.g., fruits, dried fruits, fruit
juice, grain, vegetables, nuts, seeds, chocolate}
11-28-2013: Entry
status changed from “A” added to “X” example.
039 Fuel delivery services
On 10-16-2014, the
10-21-2010 entry was amended to delete “featuring heating oil and propane.”
“Fuel delivery services” is an acceptable identification; further
specification of the type of fuel is acceptable, but it is not required.
039 Fuel delivery services featuring {indicate type of goods,
e.g., heating oil, propane}
10-23-2014: Status of entry changed from
“A”-Added to “X”-Example. “Fuel delivery services” is an acceptable
identification; further specification of the type of fuel is acceptable, but
it is not required.
007 Fuel pumps for service stations
On 1-1-2012, this
Class 9 electric or electrothermic apparatus entry of 4-2-1991 was transferred
to Class 7 (as machines), pursuant to the 10th Edition of the Nice
Agreement.
005 Fumigating pastilles as disinfectants
On 11-10-11
this 08-04-11 entry was modified to incorporate the previously bracketed
wording “[disinfectants]” directly into the wording of the entry
036 Fundraising for others for the purpose of purchasing
companies
7-16-09 - 9-13-07 entry transferred from Class 035.
Services are correctly in Class 36.
036 Fundraising services, by means of raising funds for the
preservation of an historical site
On 12-13-2012 this 09-27-2007
entry was modified from “Fundraising services, namely, raising funds for the
preservation of an historical site,” to “Fundraising services, by means of
raising funds for the preservation of an historical site” in order to be
consistent with other fundraising entries. This change emphasizes that the
underlying service is that of “fundraising” which is a Class 36 service. The
means by which the fundraising is accomplished does not affect
classification.
036 Fundraising services, by means of sharing profits from the
sale of socially responsible products with not-for-profit organizations,
schools, and civic groups
On 12-13-2012 this 09-06-2007 entry was
modified from “Fundraising services, namely, sharing profits from the sale of
socially responsible products with not-for-profit organizations, schools, and
civic groups,” to “Fundraising services, by means of sharing profits from the
sale of socially responsible products with not-for-profit organizations,
schools, and civic groups” in order to be consistent with other fundraising
entries. This change emphasizes that the underlying service is that of
“fundraising” which is a Class 36 service. The means by which the fundraising
is accomplished does not affect classification.
036 Fundraising services, by means of organizing and
conducting fundraising events to support the prevention of child abuse and
neglect
On 12-13-2012 this 03-26-2009 entry was modified from
“Organizing and conducting fundraising events to raise money for the
prevention of child abuse and neglect” to “Fundraising services, by means of
organizing and conducting fundraising events to support the prevention of
child abuse and neglect” to highlight the underlying service as that of
“fundraising” which is a Class 36 service. The means by which the fundraising
is accomplished does not affect classification. In contrast, if the
underlying service is that of organizing and conducting charitable programs or
events, rather than fundraising, classification is dictated by the nature of
the service, e.g., organizing and conducting a charity auction is in Class
35.
036 Fundraising services, by means of organizing fundraisers
for schools and other groups
On 12-13-2012 this 09-11-2008 entry was
modified from “Fundraising services, namely, organizing fundraisers for
schools and other groups,” to “Fundraising services, by means of organizing
fundraisers for schools and other groups” in order to be consistent with other
fundraising entries. This change emphasizes that the underlying service is
that of “fundraising” which is a Class 36 service. The means by which the
fundraising is accomplished does not affect classification.
036 Fundraising services, by means of organizing, arranging
and conducting fundraising programs for the benefit of schools and non-profit
organizations
On 12-13-2012 this 02-21-2008 entry was modified from
“Fundraising services, namely, organizing, arranging and conducting
fundraising programs for the benefit of schools and non-profit organizations,”
to “Fundraising services, by means of organizing, arranging and conducting
fundraising programs for the benefit of schools and non-profit organizations”
in order to be consistent with other fundraising entries. This change
emphasizes that the underlying service is that of “fundraising” which is a
Class 36 service. The means by which the fundraising is accomplished does not
affect classification.
045 Funeral ceremony services accompanying cremation
01-01-2002 This entry was transferred from Class 42 to Class 45 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement. 06-18-2009 This refers to the memorial or religious service.
07-02-2009 - Entry changed from “cremation [funerary services]” to “Funeral
services accompanying cremation” to avoid confusion with “cremation services”
- the actual act of cremation - in Class 40. 01-01-2016 - this 01-01-2002
entry was modified to add the word “ceremony” to clarify the nature of the
services in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. The reference to Class 40 in the 07-02-2009 Note
refers to a prior edition of the Nice Classification. On 01-17-2013,
cremation services were transferred from Class 40 to Class 45 based on the
Nice Classification, Tenth edition, version 2013, effective 01-01-2013.
Accordingly, cremation services are now classified in Class 45, as opposed to
Class 40.
045 Funeral homes
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. 01-01-2016: On 01-01-2016, this
01-01-2002 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, “funeral
homes” is indefinite because the activity provided by the funeral home is
unclear.
029 Fungal extracts for use as ingredients of nutritional
supplements and vitamins
These Class 29 fungal extracts for use as
ingredients of nutritional supplements and vitamins are sold as separate
ingredients or components for use in making nutritional supplements and
vitamins. Please note that fungal extracts sold as a component ingredient of
nutritional supplements and vitamins would be classified in Class 5. When a
mark identifies a component or ingredient sold as a part of the finished
product, the component or ingredient is classified in the class of the
finished product. SEE TMEP §1402.05(a).
018 Fur
12/23/10 - The 7/20/04 entry for “fur” was
deleted because, when pluralized as “furs,” such wording caused confusion with
“furs” in the nature of garments (e.g., coats, stoles) made of fur which would
be classified in Class 25.
037 Fur cleaning, care and repair
On 06-16-2011, the
04-02-1991 entry was deleted because “fur care” is too broad and may include
services in Class 40, e.g., Shrink-proofing [for textile or furs],
Waterproofing [for textile or furs], etc.
009 Furnaces for laboratory use
1-1-2012 This entry
of 7-20-2004 was revised to change “furnaces for laboratory experiments” to
“furnaces for laboratory use” pursuant to the 10th Edition of the Nice
Agreement.
011 Furnaces for melting metals
Furnaces is
acceptable wording; further specification is acceptable, but it is not
required.
011 Furnaces for recovering scrap metals
Furnaces is
acceptable wording; further specification is acceptable, but it is not
required.
024 Furniture coverings made of plastic materials
2-4-10 - This entry includes only coverings that are not fitted to the
furniture. Fitted furniture covers are in Class 20.
006 Furniture fittings of metal, namely, drawer slides
These goods are sold separately from the furniture drawers.
020 Furniture fittings, not of metal, namely, drawer
slides
These goods are sold separately from the furniture
drawers.
020 Furniture hardware, namely, drawer slides
On
08-11-2016, this 06-01-2001 entry was deleted because it is unclear whether
the goods are sold as integral parts of the furniture drawers, or whether the
goods are in the nature of furniture fittings, which are classified according
to material composition. This wording is no longer acceptable.
020 Furniture made of {specify material composition, e.g.,
teak, leather, etc.}
Furniture is an acceptable identification in
Class 20 without reference to material content. However, identification of
material composition may be required during examination of marks that feature
such terminology. See TMEP §1203.02(f)(i) for further information.
020 Furniture partitions of wood
Furniture partitions
is acceptable wording; further specification is also acceptable, but it is not
required.
020 Furniture parts, namely, countertops
This item
was deleted because it is rare that just the furniture countertops are sold
separately from the furniture as a finished product. There are now entries for
countertops that are installed into a structure in the course of construction
in Classes 6 and 19 as appropriate for the material composition. This use as a
construction material the more common form of countertops as separate
items.
020 Furniture, mirrors, picture frames
9-13-09 - This
does not include digital photo frames - they are in Class 9.
001 Fusel oil for industrial purposes
Fusel oil is a
mixture of alcohols and fatty acids formed during the alcoholic fermentation
of organic materials, typically used as a solvent in the manufacture of
lacquers and enamels.
013 Fuses for explosives
On 05-31-12, this 04-02-1991
entry for “Fuse” was amended to “Fuses for explosives” consistent with the
wording in the Alphabetical List and to distinguish the goods from “Electrical
fuses” and “Fuses [for electric current]” in Class 9.
026 Fusible web for sewing purposes
Fusible web is a
synthetic fiber that melts when heated, and is typically used to fuse fabric
pieces together.
024 Fustian
06-04-2015: Fustian is a strong cotton
and linen fabric.
020 Futons [furniture]
This entry covers the mattress
or furniture item. Textile covers for futons are in Class 24 with other bed
linen and blankets. (Use of term in Japanese includes both the mattress and
bed linens and covers.)
006 Gabions of steel wire
Gabions are building
materials, which may be cylindrical or box-shaped, filled with stone,
concrete, or sand. Gabions are typically used as retaining walls for erosion
control or in construction of dams.
001 Galactose for industrial purposes
Galactose is a
monosaccharide sugar. For more information on the classification of food
additives, please see TMEP Section 1401.11(c).
007 Galvanizing machines
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 1-1-2005 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
028 Gambling machines
On 1-1-2012, this entry of
10-1-94 was transferred from Class 9 in accordance with 10th Edition of Nice
Agreement. Under the 10th Edition, all game apparatus are in Class 28 because
“Games and playthings” are in the Class 28 Heading.
002 Gamboge for painting
Gamboge is a pigment made
from gum resin.
028 Game controllers for computer games
On 1-1-2012,
this entry of 8-2-2007 was transferred from Class 9 in accordance with the
10th Edition of Nice Agreement. Under the 10th Edition, all game apparatus are
in Class 28 because “games and playthings” are in the Class 28 Heading.
028 Game equipment set sold as a unit comprised primarily of a
playing board and playing cards and also including rules of play, dry erase
boards and erasers, markers, a timer and T-shirts
08-13-2015: Status
of entry changed from “A”-Added to “X”-Example.
028 Game equipment sold as a unit for playing mind-body
emotional and psychological games for adult couples and individuals
01-16-2014: Entry status changed from “A” added to “X” example.
028 Game equipment, namely, three-dimensional modular pieces
for assembly to resemble miniature terrain
On 02-28-2013, this
02-04-2010 entry was modified by deleting “simulate” and inserting “resemble”
to avoid confusion with computer hardware and software-type simulators in
Class 9.
016 Games (Teaching materials in the form of)
This
entry was deleted because games are generally classified in Class 28
regardless of whether they have an educational purpose or not.
028 Games adapted for use with television receivers
On 1-1-2012, this entry of 11-8-2007 was transferred from Class 9 in
accordance with 10th Edition of Nice Agreement. Under the 10th Edition, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading.
009 Games that accept virtual or monetary wagers sold as a
feature of game software
Although game equipment is typically
classified in Class 28, these goods are classified in Class 9 because they are
a feature of game software which is classified in Class 9. 12-20-2012. These
goods refer to gaming computer software that is sold as a feature of other
computer game software.
028 Gaming devices, namely, gaming machines, slot machines,
bingo machines, with or without video output
On 1-1-2012, this entry
of 8-3-2006 was transferred from Class 9 in accordance with the 10th Edition
of Nice Agreement. Under the 10th Edition, all game apparatus are in Class 28
because “games and playthings” are in the Class 28 Heading.
028 Gaming equipment, namely, chips
On 9-13-2012, the
4-2-1991 entry “Gaming equipment, namely, chips” was deleted. Although an
acceptable identification, it is covered by the entry “Gaming chips.”
028 Gaming equipment, namely, slot machines with or without
video output
1-2-1997 These are calibrated gambling machines and are,
therefore, in 9, not 28. On 1-1-2012, this entry of 1-2-1997 was transferred
from Class 9 in accordance with the 10th Edition of Nice Agreement. Under the
10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading.
028 Gaming headsets adapted for use in playing video games
On 1-1-2012, this entry of 8-26-2010 was transferred from Class 9 to
Class 28 in accordance with 10th Edition of Nice Agreement, and the wording
“adapted” was added to the entry. Under the 10th Edition, all game apparatus
are in Class 28 because “games and playthings” are in the Class 28
Heading.
028 Gaming keypads
Gaming keypads are specially
adapted for playing computer, video, and electronic games and are classified
in Class 28 because “games and playthings” are included in the Class 28 Class
Heading.
028 Gaming machines [calibrated pay-out gambling machines]
10-1-1994 These are calibrated gambling machines and are, therefore, in
9, not 28. On 1-1-2012, this entry of 10-1-1994 was transferred from Class 9
in accordance with the 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading.
028 Gaming machines featuring a device that accepts wagers
On 1-1-2012 this entry of 7-2-2009 was transferred from Class 9 in
accordance with the 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading.
028 Gaming machines for gambling including slot machines or
video lottery terminals
On 1-1-2012, this entry of 5-15-2008 was
transferred from Class 9 in accordance with 10th Edition of Nice Agreement.
Under the 10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading. On 10-09-2014, the 1-1-2012 entry was
modified by inserting “for gambling” to make clear that “Gaming” in this
context refers to gambling, and not recreational computer game playing.
028 Gaming machines that generate or display wager
outcomes
On 1-1-2012, this entry of 8-3-2006 was transferred from
Class 9 in accordance with the 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
028 Gaming machines, namely slot machines and video lottery
terminals
On 1-1-2012, this entry of 6-26-2008 was transferred from
Class 9 in accordance with the 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
028 Gaming machines, namely, devices which accept a wager
On 1-1-2012, this entry of 1-17-2008 was transferred from Class 9 in
accordance with the 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading.
028 Gaming machines, namely, electronic slot and bingo
machines
On 1-1-2012, this entry of 6-1-2006 was transferred from
Class 9 in accordance with the 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
028 Gaming mice
Gaming mice are specially adapted for
playing computer games and are classified in Class 28 because “games and
playthings” are included in the Class 28 Class Heading.
028 Gaming tables [for gambling]
On 10-09-2014, the
04-02-1991 entry was modified by inserting “[for gambling]” to make clear that
“Gaming” in this context refers to gambling, and not recreational computer
game playing.
028 Gaming tables, namely, craps tables
On 9-13-2012,
the 8-24-2006 entry “Gaming tables, namely, craps tables” was deleted because
it is already covered by the entry for “Craps tables [gaming equipment].”
039 Garbage collection [trash pickup only]
This
service is a transport activity. It is the removal of trash from one location
to another. It is not a cleaning service - that is in 37.
005 Garbage disposer fresheners
On 1-1-2012 this
entry of 6-1-2001 was deleted from Class 5 pursuant to the deletion of “air
freshening preparations” from the 10th Edition of the Nice Agreement. The
phrase, “air freshening preparations,” is used in advertising literature to
refer to both “air fragrancing preparations” in Class 3 and “air deodorizing
preparations” in Class 5, which have distinctly different functions and are
classified in different classes.
044 Garden design, installation and maintenance of interior
botanical displays, streetscape container plantings and rooftop gardens for
others
08-29-2013: Entry status changed from “A” added to “X”
example.
022 Garden nets [tarpaulins]
On 07-05-12, the
10-27-2011 entry was amended by inserting the bracketed wording to make clear
the nature of the goods in Class 22.
020 Garden ornaments in the nature of wooden whirligigs
Garden ornaments are classified by material composition.
011 Garment steamers
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 4-12-1999 was transferred to
Class 11(as a steam generating apparatus), pursuant to the 10th Edition of the
Nice Agreement.
025 Garrison caps
A garrison cap is a soft cloth cap
without a visor, typically worn as part of a military uniform.
009 Gas chromatography apparatus for laboratory use
On 3-28-2013, the 4-2-1991 entry “Gas chromatography apparatus” was modified
to add “for laboratory use.” Chromatography apparatuses for laboratory use are
classified in Class 9. Chromatography apparatuses for industrial purposes are
classified in Class 11. The identification should indicate the use of the
goods for classification purposes.
011 Gas powered handheld vaporizers for vaporizing vaporizable
constituents of herbal and plant matter for creating an aroma for household
use [not smokers' articles]
On 10-16-2014, the 01-20-2011 entry was
amended to add the wording “for household use [NOT smokers' articles]” for
clarity. Please note that “Smokeless cigar vaporizer pipes” and “Smokeless
cigarette vaporizer pipes” are classified in Class 34 as smokers'
articles.
009 Gasometers [measuring instruments]
1-1-2012 This
entry of 4-2-1991 was amended to add the wording “[measuring instruments]”
pursuant to the 10th Edition of the Nice Agreement.
011 Gas-powered deep fat fryers
On 01-17-2013, the
word “Gas” was changed to “Gas-powered” to make clear the nature of the
goods.
011 Gas-powered griddles [cooking appliances]
These
goods are classified in Class 11 as cooking appliances. Non-electric griddles
are classified in Class 21 as cooking utensils.
012 Gear lever knobs
09-30-10 Although these goods
are referred to as “knobs” in the ID, these goods are functionally different
from door knobs or cabinet knobs on which users would pull to cause the door
or cabinet to open. Therefore, these goods are classified according to the
function or purpose rather than material composition (door knobs and cabinet
knobs are classified according to material composition under the Nice
Agreement).10-28-10 - This identification was withdrawn from the Approved
Trilateral List in Class 12 and deleted from the Manual in Class 12. This
Manual entry in Class 12 was replaced with entries in Classes 7 (for use with
machines) and 12 (for use with vehicles).
012 Gear lever knobs for vehicles
Although these
goods are referred to as knobs in the ID, these goods are functionally
different from door knobs or cabinet knobs on which users would pull to cause
the door or cabinet to open. Therefore, these goods are classified according
to the function or purpose rather than material composition (door knobs and
cabinet knobs are classified according to material composition under the Nice
Agreement).
007 Gear lever knobs for machines
Although these
goods are referred to as knobs in the ID, these goods are functionally
different from door knobs or cabinet knobs on which users would pull to cause
the door or cabinet to open. Therefore, these goods are classified according
to the function or purpose rather than material composition (door knobs and
cabinet knobs are classified according to material composition under the Nice
Agreement).
012 Gear wheels
On 02-14-2013, this entry of 7-20-04
was deleted because it is too broad and encompasses gear wheels for Class 12
vehicles as well as gear wheels for Class 7 machines.
029 Gefilte fish
Gefilte fish is a prepared dish
consisting of ground fish formed into balls or loaves and poached or
baked.
001 Gelatine glue for industrial purposes
On
01-01-2016, this 07-20-2004 entry was modified to add “for industrial
purposes” to make clear the purpose of the goods and the justification for
classification in Class 1. “Gelatine glue for stationery or household
purposes” is classified in Class 16. Certain specialized adhesives that are
not used for stationery or household purposes are classified in classes other
than Class 1, e.g., surgical glues, in Class 5, and adhesives for cosmetic
use, in Class 3. Please consult the Manual for examples of adhesives in other
classes.
044 Gene bank services
9-11-08 - This service is for
the collection and provision of genes for medical purposes. Other aspects of
such a bank are ancillary - processing, treatment, storage, etc - and would be
in other classes such as 39 or 40 if specified as a separate activity of the
bank. Also, if the purpose of the bank is to provide genes for research or
education purposes, the service would be in Class 42 with a clear
specification of that limitation.
009 Gene chips
GENECHIP is a registered
trademark.
045 Genealogy research
1-13-11 - the 4-2-91 entry was
transferred from Class 42 based on determination by the Committee of Experts
for the Nice Agreement that these services are in Class 45.
035 General business merchandising services, namely,
marketing
1-1-2012 While this wording is still acceptable, the entry
of 11-1-2004 has been deleted from the Manual because it is covered by the new
entry “Marketing services” in Class 35, which was added pursuant to the 10th
Edition of the Nice Agreement. When listed by itself, an identification for
“marketing” should include the term “services.” This entry refers to the
promoting of the goods and services of others.
001 General purpose adhesive for mending broken articles
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 adhesives 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 repairing 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.
018 General purpose bags for carrying yoga equipment
Note that bags that are fitted to carry a particular item are classified with
the 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.
001 Genes of seeds for agricultural production
9-29-2011 This entry from 12-30-2010 has caused confusion and has been
replaced with the following: “Biotechnologically-formed genes for use in the
manufacture of agricultural seeds” in Class 1 and “Genetically-modified
{specify type of seed e.g., agricultural, flower, plant, vegetable, etc.}
seeds” in Class 31.
001 Genetic identity tests comprised of reagents for
non-medical purposes
On 09-17-2015, this 08-06-2001 entry was amended
from “Genetic identity tests comprised of reagents” to the current entry to
make clear that the goods are for non-medical purposes.
044 Genetic testing of animals for diagnostic or treatment
purposes
On 04-17-2014, this 07-20-2004 entry for “Genetic testing of
animals” was modified to the current wording to make clear the rationale for
classifying the service in Class 44.
042 Geological surveys and research
On 07-04-2013,
the 07-20-2004 entry was modified by replacing “or” with “and” to make clear
the nature of services, and the status of this entry was changed from “D” “
Deleted to “X” “ Example to indicate that it is an example of acceptable
wording under current USPTO policy. 11-17-2011 - While this identification of
7-20-2004 remains acceptable, these services are covered by entries for the
two separate services of “conducting geological surveys” and “geological
research.”
019 Geosynthetic clay liners (GCLs) for lining landfills
These goods are primarily used for lining landfills to contain moisture
in the landfill and minimize contamination of the soil.
006 Germanium
Germanium is a metalloid element and
appears in the Nice Alphabetical List in Class 6.
009 Gesture recognition software
Gesture recognition
software functions to interpret via mathematical algorithms human gestures
originating from bodily motion, such as face or hand gestures, enabling humans
to communicate with machines without the need for conventional input or user
devices, such as mouse, keyboards or touch-screens.
035 Gift and sundries retail store services located in
hotels
08-01-2013: Acceptable entry status changed from “A” added to
“X” example.
028 Gift baskets comprised primarily of imitation toys sports
products, namely, toy game balls and accessories therefor
08-01-2013:
Acceptable entry status changed from “A” added to “X” example.
028 Gift baskets comprised primarily of toy imitation sporting
goods, namely, toy game balls and accessories therefor
08-01-2013:
Acceptable entry status changed from “A” added to “X” example.
003 Gift baskets containing non-medicated bath preparations
and cosmetic preparations
11-28-2013: Entry status changed from “A”
added to “X” example.
016 Gift sets consisting of a book in the field of {indicate
subject matter} and also including a blanket
08-01-2013: Acceptable
entry status changed from “A” added to “X” example.
039 Gift wrapping
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. 01-01-2015: On 01-01-2015, this
01-01-2002 entry was transferred from Class 45 to Class 39 in compliance with
the Nice Classification, Tenth edition, version 2015, effective
01-01-2015.
018 Girths of leather
On 01-01-2013, this 11-15-2007
entry was modified by deleting “Bands” and inserting “Girths” consistent with
the changes under the Nice Classification, Tenth Edition, version 2013,
effective 1-1-13. A girth is a wide belt that you put around the middle of a
horse to secure the saddle. This change is intended to clarify the nature of
the goods.
021 Glass and ceramic beads that are not used in the
manufacture of jewelry
1-1-2012 This entry of 7-1-2004 has been
deleted because it encompasses “beds other than for making jewelry
[haberdashery]” in Class 26.
021 Glass bowls for live goldfish
This was
transferred from Class 16 to Class 21 pursuant to the 9th Edition of Nice
Agreement
003 Glass cloth
This is a type of abrasive in 3. It
is not for textile purposes so the former class, 24, was not correct.
019 Glass door lites
Glass door lites are glass
inserts for installation into doors in the nature of glass panes for use in
doors.
006 Glass door lites sold as components of metal doors
Glass door lites sold as components of metal doors are glass inserts, in
the nature of glass door panes, that have been installed into metal doors as a
component feature.
019 Glass door lites sold as components of non-metal doors
Glass door lites sold as components of non-metal doors are glass inserts,
in the nature of glass door panes, that have been installed into non-metal
doors as a component feature.
021 Glass for vehicle windows [unfinished]
On
01-01-2016, this 03-15-1993 entry was deleted because the goods are covered by
the existing Manual entries “Unfinished glass for vehicle windows” and
“Unfinished window glass for vehicles.”
021 Glass granules used as sweeping compounds for chemical and
other spills
01-01-2005 Original entry; 10-07-10: Deleted “and
absorbents” from the original wording because glass is not an absorbent
material.
003 Glass granules used as abrasives in blasting services
Goods transferred from Class 21 which is the normal class for glass not
used in buildings. However, just as abrasive sand is in Class 3 rather than
its normal class of 19, glass used as an abrasive should be in the class of
other abrasive items, Class 3
019 Glass powder for use as a partial replacement of Portland
cement in cement mixes
08-01-2013: Acceptable entry status changed
from “A” added to “X” example.
020 Glass pulls
1-1-2012-- This entry of 7-28-2011
was transferred from Class 21 to Class 20 in accordance with the 10th Edition
of the Nice Agreement. Because these goods are similar to knobs, metal pulls
are in Class 6, precious metal pulls are in Class 14 and non-metal pulls are
in Class 20.
040 Glass resurfacing
Glass resurfacing typically
involves the use of abrasives to polish or smooth the edges of scratches until
the glass appears visibly smooth.
021 Glass threads for non-textile purposes
ON
03-13-2014, this 04-02-1991 entry, “Glass threads [for non-textile purposes]”
was modified to incorporate the bracketed wording into the identification for
clarity.
009 Glass tubes for scientific purposes
5-8-08 -
Refers to use for purely research purposes only. Glass tubes not for
scientific purposes are in Class 21.
021 Glass tubes not for scientific purposes
5-8-08 -
Refers to use for purely non-research purposes only. Glass tubes for
scientific purposes (like test tubes) are in Class 9.
001 Glaziers' putty
Reclassified from Class 2 per the
9th Edition of the Nice Agreement.
037 Glazing [glasswork]
This service encompasses the
repair of glass. The processing, finishing and manufacture of glass for others
is in Class 40.
008 Glazing irons
Glazing irons are heated irons for
shoe making.
001 Gliadin for industrial purposes
Gliadin is a
class of proteins in gluten, commonly associated with wheat. For more
information on the classification of food additives, please see TMEP Section
1401.11(c).
012 Gliders and structural parts therefor
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
039 Global transportation of freight for others by all
available means
10-24-2013: Entry status changed from “A” added to
“X” example.
001 Globulin for industrial purposes
Globulin is a
class of simple proteins widely found in plant and animal tissues. For more
information on the classification of food additives, please see TMEP Section
1401.11(c).
009 Gloves for laboratory purposes
Gloves for
laboratory purposes are classified in Class 9 because they are used for
protection against accidents or injuries.
010 Gloves for medical purposes, namely, {indicate nature of
the gloves, e.g., tight gloves with weights that provide traction to the
muscles of the hand and fingers to relieve hand and wrist pain, etc.}
10-10-2013: Entry status changed from “A” added to “X” example. “Gloves for
medical purposes” is acceptable wording in Class 10. While further
specification of the nature and use of gloves may be indicated, it is not
required.
010 Gloves that block UV rays for skin health purposes
10-10-2013: Entry status changed from “A” added to “X” example.
025 Gloves with conductive fingertips that may be worn while
using handheld electronic touch screen devices
These goods are
classified in Class 25 because their primary purpose and use is as clothing.
The fact that the goods have conductive fingertips that allow them to be worn
while using handheld electronic touch screen devices is merely an ancillary
feature of the clothing.
030 Glucose for culinary purposes [food additives for
non-industrial use]
On 02-02-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
030 Glucose for food
1-1-2012 This entry of
11-22-2007 has been deleted under the 10th Edition of the Nice Agreement. It
has been replaced with the entry “glucose for culinary purposes” to clarify
the nature and purpose of the goods, pursuant to the 10th Edition.
001 Glucose for industrial purposes [food additives for food
manufacturing]
Under the Tenth Edition of the Nice Classification
system, applicants must indicate the generic name of food additives and their
purpose, and classify them according to that purpose. When the food additives
are for culinary purposes, then their nature also factors into the
classification. Whether the goods are for commercial use does not control
classification. The key classification issue is whether they are for food
manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
001 Glucose for the food industry [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to their purpose
(when the food additives are for culinary purposes, then their nature also
factors into the classification). Whether the goods are for commercial use
does not control classification. The key classification issue is whether they
are for food manufacturing (and therefore in Class 1) or for cooking and
baking (and therefore classified in Classes 29-33 according to their
nature).
001 Glutamic acid for industrial purposes
Glutamic
acid is an amino acid that is present in every food that contains protein,
such as meat, eggs, and wheat. For more information on the classification of
food additives, please see TMEP Section 1401.11(c).
030 Gluten
1-1-2012 This entry of 4-2-1991 is being
deleted, and it is no longer acceptable under the 10th Edition of the Nice
Agreement. Gluten additives for culinary purposes are in Class 30, and gluten
for industrial purposes and gluten for the food industry are in Class 1.
030 Gluten additives for culinary purposes [food additives for
non-industrial use]
On 02-02-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to that purpose. When
the food additives are for culinary purposes, then their nature also factors
into the classification. Whether the goods are for commercial use does not
control classification. The key classification issue is whether they are for
food manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
030 Gluten for food
1-1-2012 This entry of 11-22-2007
has been deleted, and it is no longer acceptable under the 10th Edition of the
Nice Agreement. Gluten additives for culinary purposes are in Class 30, and
gluten for industrial purposes and gluten for the food industry are in Class
1.
001 Gluten for industrial purposes [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to that purpose. When
the food additives are for culinary purposes, then their nature also factors
into the classification. Whether the goods are for commercial use does not
control classification. The key classification issue is whether they are for
food manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
001 Gluten for the food industry [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to that purpose. When
the food additives are for culinary purposes, then their nature also factors
into the classification. Whether the goods are for commercial use does not
control classification. The key classification issue is whether they are for
food manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
030 Gluten-free bread
Dietetic substances are foods
and beverages prepared for special or restrictive diets. Under the Tenth
Edition of the Nice Agreement, dietetic substances are classified as ordinary
foods and beverages in Classes 29-33, depending on the nature of the goods,
when those goods are not for medical purposes. Accordingly, gluten-free bread
(not for treatment of a medical condition) is in Class 30 in the same class as
the ordinary bread.
030 Gluten-free desserts, namely, {specify Class 30 food
items, e.g., bakery desserts, ice cream, chocolate, cookies, etc.}
Gluten-free foods and beverages are classified in Classes 29-33 (depending on
the nature of the goods), when those goods are not for medical purposes or for
treatment of a particular medical condition. Accordingly, gluten-free
desserts that are not for medical purposes are in Class 30 with the ordinary
desserts.
005 Gluten-free food to accommodate special medical and health
conditions
1-1-2012 This entry of 3-1-2006 was deleted because it is
no longer acceptable under the Tenth Edition of the Nice Agreement, which
requires either specification that dietetic substances in Class 5 are adapted
for medical use or other wording to make clear that the substance is for the
treatment of a medical condition. The nature of the food or beverage (e.g.,
bread, tea, etc.) must also be specified in the identification.
030 Gluten-free pasta
Dietetic substances are foods
and beverages prepared for special or restrictive diets. Under the Tenth
Edition of the Nice Agreement, dietetic substances are classified as ordinary
foods and beverages in Classes 29-33, depending on the nature of the goods,
when those goods are not for medical purposes. Accordingly, gluten-free pasta
(not for treatment of a medical condition) is in Class 30 in the same class as
the ordinary pasta.
030 Glutinous pounded rice cake coated with bean powder
(injeolmi)
On 12-20-2012, this 8-9-2012 entry was amended to replace
the brackets with parentheses.
008 Goffering irons
Goffering irons are heated irons
for pressing and separating fabric ruffs worn as collars.
018 Goldbeaters' skin
Goldbeaters’ skin is an animal
membrane, typically the outer membrane of cattle intestines, that is used to
separate sheets of gold that are being hammered into gold leaf.
014 Gold-plated earrings
Earrings is acceptable
wording. However, specification of the material composition of earrings may be
required during examination of marks that refer to material composition. See
TMEP §1203.02(f)(i) for further information.
014 Gold-plated rings
Rings is acceptable wording for
jewelry. However, specification of the material composition of rings may be
required during examination of marks that refer to material composition. See
TMEP §1203.02(f)(i) for further information.
009 Golf club swing aids, namely, golf club balancing scales
and scale parts thereof, to analyze, fit and/or make golf clubs
On
03-28-2013, this 05-24-2007 entry was transferred from Class 28 to Class 9
because “scales” and “measuring instruments” are in the Nice Alphabetical List
in Class 9. Generally, broad descriptions of sports training devices are
indefinite and must provide sufficient information about the function and/or
purpose of the goods to support classification in Class 9 as electronic or
computer software-based training apparatus or Class 28 as sports equipment.
Although the specified goods are not electronic or software-based apparatus,
the function of the goods is covered by the Class 9 Heading.
028 Golf club swing aids, namely, {indicate specific type}
On 03-21-2013, this 04-02-1991 entry was deleted because it is overbroad
and may be misleading to users who adopt “Golf club swing aids, namely” in
Class 28 and incorrectly specify goods in Class 9. General descriptions of
sports training devices are indefinite and must provide sufficient information
about the function and/or purpose of the goods to support classification in
Class 9 as electronic or computer software-based training apparatus or Class
28 as sports equipment.
009 Golf club swing aids, namely, target laser and lights
On 03-28-2013, this 05-01-2008 entry was transferred from Class 28 to
Class 9 because “lasers, not for medical purposes” is in the Nice Alphabetical
List in Class 9. Generally, broad descriptions of sports training devices are
indefinite and must provide sufficient information about the function and/or
purpose of the goods to support classification in Class 9 as electronic or
computer software-based training apparatus or Class 28 as sports
equipment.
028 Golf putting aids, namely, {indicate specific type}
On 03-28-2013, this 04-02-1991 entry was deleted because it is overbroad
and may be misleading to users who adopt “Golf putting swing aids, namely” in
Class 28 and incorrectly specify goods in Class 9. General descriptions of
sports training devices are indefinite and must provide sufficient information
about the function and/or purpose of the goods to support classification in
Class 9 as electronic or computer software-based training apparatus or Class
28 as sports equipment.
028 Golf training apparatus, namely, devices used to help
groove a repetitive putting stroke
On 02-28-2013, this 12-24-2009
entry was deleted because the description is overbroad and may include goods
in Class 9 or Class 28. General descriptions of sports training devices are
indefinite and must provide sufficient information about the function and/or
purpose of the goods to support classification in Class 9 as electronic or
computer software-based training apparatus or Class 28 as sports
equipment.
A Goods conforming to certification standard(s) as indicated
by a Certification Mark [See TMEP Section 1306.02(c)]
06-16-2016 -
The bracketed information in the entry was modified to replace “TMEP Section
1306.06(e)” with “TMEP Section 1306.02(c),” pursuant to changes made in the
July 2015 version of the TMEP. 10-01-2015 - On 10-01-2015, this entry was
modified by deleting “certified” and inserting “conforming to certification
standard(s) as indicated” to make clear the function of the Description of
Goods/Services field on a Certification Mark application. 08-22-2013 - The
original entry “Goods Certification Marks [See TMEP Section 1306]” was
modified to provide additional guidance for users. While not an “activity,”
this entry demonstrates classification practice with respect to goods of
authorized parties who receive certification, not the activities of the
certifier/owner of the certification mark. 12-16-2010 - This entry does not
appear in the TEAS Plus ID Manual because items classified in Classes A are
Certification Marks and are not eligible for filing under TEAS Plus. This
activity involves the actual issuance of certification approval. It is not a
service under the Nice Agreement.
035 Goods import-export agencies
The word
“agency/agencies” is required in the import/export IDs, because import and
export agencies are businesses that assist in arranging for the shipping of
goods for others, but do not actually provide transportation services
themselves. IDs such as “import and export services” or “importing and
exporting goods of others” would be indefinite, because the IDs are broad
enough to encompass the transportation of goods in Class 39.
035 Goods or services price quotations
“Goods or
services” added to ID. “Price quotations” had been in Class 36 but was
intended to refer only to stock price quotations and was causing confusion
with goods price quotations. Addition of ID referring to Class 35 price
quotations was needed.
009 GPS tracking device to be worn on the wrist of an athlete
during endurance events
On 12-9-10, the 3-27-2008 entry was amended
to delete GSM from the ID, because GSM is a registered trademark and should
not be used in an identification of goods as a generic term.
042 Grading of lumber
NOT evaluation for business
worth purposes which is in 35. This is more in the nature of quality
testing.
009 Graduated rulers
Ungraduated rulers are in Class
16.
009 Graduated rulers for measuring {specify items to be
measured, e.g., the planting depth of seeds, fabric for quilt patterns,
etc.}
Graduated rulers is acceptable wording; further specification
is acceptable, but it is not required.
030 Gram flour [chick pea flour]
10-31-2013: This
entry of 01-20-2011 was reclassified from Class 29 to 30 on the basis that
flours made of vegetables or legumes, such as soya flour, bean meal, and
tapioca flour for food are in the Nice Alphabetical List in Class 30. When
used in food either as thickening agents or to prepare foods for individuals
who cannot eat grain-based flour, such goods are also in Class 30.
019 Granular absorbent clay-based composition for absorbing
spills from floors
These goods are classified according to material
composition
001 Granular absorbent mineral-based composition for absorbing
spills from floors
These goods are classified according to material
composition
007 Granulating machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
042 Graphic arts design
The service in International
Class 42 that was described as “Printing and graphic art design” was modified
to delete “printing and” because printing services are classified in
International Class 40 under the 8th edition of the Nice Agreement. On
12-06-12, the 02-01-2002 entry was modified by making “art” plural to conform
to the Nice Alphabetical List entry, “Graphic arts design” in Class 42.
031 Grass seeds
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
007 Gravure cylinder prepress system, consisting of a coater
device for coating gravure cylinders with thermal resist material,
computerized imager device with a laser imaging head for imprinting on coated
gravure cylinders
07-04-2013: Status changed from “A” - Added to “X”
- example.
025 Greatcoats
05-14-2015: A greatcoat is a heavy
overcoat.
029 Green laver
12-20-2012. Laver is a type of
seaweed.
030 Green onion pancake (pajeon)
On 9-6-2012, this
11-10-2011 entry was amended to replace the brackets with parentheses.
044 Greenhouse services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
016 Greeting cards having a Christian message
09-05-2013: Status of entry changed from “A”-Added to “X”-Example.
021 Griddles [non-electric]
On 01-17-2013, this
07-20-2004 entry was deleted because the wording “non-electric” must be
incorporated into the entry to make clear that the goods are cooking utensils
in Class 21, and not cooking appliances in Class 11.
021 Grill presses
Grill presses are small,
hand-operated apparatus for pressing food, such as a panini sandwich, on the
grill to ensure that it is evenly cooked. Grill presses are classified in
Class 21 because the Class 21 Heading includes small, hand-operated apparatus
for pressing, etc.
007 Grinding machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods.
007 Grinding mills for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods. “Grinding mills” is not acceptable under current US
identification policy because it is overly broad. For example, hand-operated
salt and pepper grinding mills are classified in Class 21.
008 Grinding tips for hand-operated grinding wheels
11-24-2016 - These goods are classified in Class 8 as hand-operated
sharpeners.
018 Grip bags
Grip bags are travel bags that are
smaller than suitcases.
013 Grip tape for airsoft guns not for recreational
purposes
Grip tape for recreational firearms, such as paintball guns
and airsoft guns for recreational purposes, is classified in Class 28.
028 Grip tape for airsoft guns for recreational purposes
Grip tape for non-recreational firearms being weapons is classified in
Class 13.
013 Grip tape for firearms
Grip tape for recreational
firearms, such as paintball guns and airsoft guns for recreational purposes,
is classified in Class 28.
028 Grip tape for paintball guns
Grip tape for
non-recreational firearms being weapons is classified in Class 13.
030 Groats for human food
Groats are the parts of oat
kernels used as food.
031 Groats for poultry
Groats are the parts of oat
kernels used as food.
016 Grocery bags
6-17-10 - Grocery bags” in Class 16
are the paper or plastic bags that groceries are placed in when they are
purchased at the store. They were traditionally and originally made of paper,
therefore, were classified in Class 16.
029 Ground almond
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
022 Grow tents
Grow tents are portable indoor tents
in which plants are grown.
045 Guard services
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
045 Guardianship
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
016 Guest books for {specify, e.g., weddings, funerals,
etc.}
Guest books is acceptable wording; further specification is
acceptable, but it is not required.
015 Guitar pedals
2-19-09 - 6-21-07 entry transferred
from Class 9 since guitar pedals directly affect the sound of the guitar
music.
015 Guitar playing assistance devices, namely, a sliding
clamp-like structure positioned onto the guitar neck to form and sound guitar
chords and notes
10-03-2013: Entry status changed from “A” added to
“X” example.
028 Guitar skins for electronic guitar game controllers
On 1-1-2012, this entry of 4-3-2008 was transferred from Class 9 in
accordance with the 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading. These goods consist of skins or fitted covers for the game
controllers. Therefore, these goods in Class 28.
001 Gum arabic for industrial purposes
Gum arabic is
a substance from acacia trees that is typically used as a thickener in the
manufacture of candies and pharmaceuticals.
001 Gum arabic glue for industrial purposes
On
01-01-2016, this 07-20-2004 entry was modified to replace “[not for stationery
or household purposes]” with “for industrial purposes” to make clear the
purpose of the goods and the justification for classification in Class 1.
Under Nice 10-2016, “adhesives, other than for stationery or household
purposes” is indefinite and overly broad because the purpose of the goods is
unclear. Certain specialized adhesives that are not used for stationery or
household purposes are classified in classes other than Class 1, e.g., dental
adhesives, in Class 5, and adhesives for cosmetic use, in Class 3. Please
consult the Manual for examples of adhesives in other classes.
021 Gumpaste cutters
These are not cutters in the
sense of knives - they are more analogous to molds that make gumpaste in
certain shapes.
013 Gunsight protectors [weapons, not toys]
On
01-01-2015, this 04-02-1991 entry was deleted because it is indefinite under
NCL 10-2015, which requires that firearm sights be classified by its
telescopic (Class 9) or non-telescopic (Class 13) function.
013 Gunsights for firearms [not optical or telescopic]
On 01-01-2015, this 04-02-1991 entry was deleted pursuant to the deletion
of “firearm sights” from the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. The telescopic or non-telescopic nature of the sights
must be indicated for proper classification, e.g., “telescopic sights for
firearms” in Class 9, or “sights, other than telescopic sights for firearms”
in Class 13.
017 Guttapercha
Guttapercha (or gutta-percha) is a
hard, tough thermoplastic substance that is the coagulated latex of certain
Malaysian trees, often used as insulation.
018 Gym bags
Note that bags that are fitted to carry
a particular item are classified with the 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.
027 Gymnasium exercise mats
05-12-2011 The goods are
in Class 27 because they are in the nature of floor coverings. The goods are
not in the nature of gymnastic or sporting articles in Class 28. Personal
exercise mats are in the Manual in Class 28.
027 Gymnastic mats
05-12-2011 The goods are in Class
27 because they are in the nature of floor coverings. The goods are not in the
nature of sporting articles in Class 28. Personal exercise mats are in the
Manual in Class 28.
044 Gynecological pap examination
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
019 Gypsum [building material]
12-10-09 - “building
material” in brackets was added to the 7-20-04 trilateral entry. Although the
most common use of gypsum is as a building material, it can also be used as a
fertilizer and that use would put the goods in Class 1. An entry for gypsum as
a fertilizer is in Class 1 so it was necessary to qualify this entry in Class
19 to make it clear that it is the more common building gypsum in Class
19.
028 Gyroscopes and flight stabilizers for model aircraft
Gyroscopes and flight stabilizers for model aircraft are classified in
Class 28 because they are fitted for Class 28 model aircraft and are used for
their operation.
005 Haemostatic pencils
Haemostatic pencils are also
known as styptic pencils.
029 Haggis
Haggis is a prepared dish consisting
primarily of sheep's liver, heart, and tongue, mixed with onions, oats, and
other spices, and encased in a sheep's stomach.
026 Hair accessories, namely, plastic styling inserts that
create height and volume on the crown of the head
10-03-2013: Entry
status changed from “A” added to “X” example.
003 Hair care creams
These refer to non-medicated
creams. Medicated creams are in Class 5.
003 Hair care kits comprising non-medicated hair care
preparations, namely, {indicate preparations, e.g., shampoo, conditioner, gel,
etc.}
11-28-2013: Entry status changed from “A” added to “X”
example.
003 Hair care lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
003 Hair care preparations
These goods are
non-medicated.
003 Hair care preparations consisting of organic coconut
virgin oil and coconut virgin oil
11-28-2013: Entry status changed
from “A” added to “X” example.
003 Hair conditioner
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
003 Hair conditioners for {indicate, e.g., curly hair,
enhancing hair curls, etc.}
Hair conditioner is acceptable wording in
Class 3; further specification of its particular purpose is also acceptable,
but it is not required.
003 Hair creams
These refer to non-medicated creams.
Medicated creams are in Class 5.
026 Hair curl papers
In Class 3 prior to
implementation of 8th edition of the Nice Agreement on 1/1/02. On 10-23-2014,
the 01-01-2002 entry was modified to add the term “Hair” so that it would
match the Nice Alphabetical List entry in Class 26.
026 Hair curlers, electrically-heated, other than hand
implements
On 1-1-2012, this Class 9 electric or electrothermic
apparatus entry of 11-8-2007 was transferred to Class 26 (the class of its
non-electric counterparts), and the wording “other than hand implements” was
added to distinguish these goods from Class 8 hand implements, pursuant to the
10th Edition of the Nice Agreement.
026 Hair curlers, other than hand implements
On
1-1-2012, this Class 9 electric or electrothermic apparatus entry of 7-20-2004
was transferred to Class 26 (the class of its non-electric counterparts), and
the wording “other than hand implements” was added to distinguish these goods
from Class 8 hand implements, pursuant to the 10th Edition of the Nice
Agreement. On 01-01-13, this 01-01-12 entry was modified by deleting
“[non-electric]” to make clear that both electric and non-electric hair
curlers, which are not in the nature of hand implements, are in Class 26, and
that applicants are not required to indicate whether they are electric or
non-electric.
044 Hair cutting
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
007 Hair cutting machines for animals
Hair cutting
machines for animals is an entry in the Nice Alphabetical List of Goods.
These goods are characterized as machines indicating that they are generally
for commercial use or used in commercial livestock operations.
003 Hair dyes
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
044 Hair implantation
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
003 Hair lotion
These refer to non-medicated lotions.
Medicated lotions are in Class 5.
003 Hair lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
003 Hair mousses
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
026 Hair ornaments
Hair ornaments of precious metal
or non-precious metal are classified in Class 26, because “hair ornaments” are
classified in the Nice Agreement in Class 26.
003 Hair pomades
06-23-2016 - Hair pomades are
cosmetic ointments or creams used to style hair.
003 Hair removing cream
These refer to non-medicated
creams. Medicated creams are in Class 5.
044 Hair replacement
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
044 Hair salon services for {specify individual or group,
e.g., men, women, children, military service members, etc.}
Hair
salon services is acceptable wording in Class 44; further specification as to
the particular individual or group is acceptable, but it is not required.
003 Hair shampoos for {indicate, e.g., curly hair, enhancing
hair curls, etc.}
Hair shampoo is acceptable wording in Class 3;
further specification of its particular purpose is also acceptable, but it is
not required.
003 Hair sprays
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
003 Hair stick pomades
On 06-23-2016, this 07-20-2004
entry was amended from “Stick pomade” to “Hair stick pomades” to indicate the
cosmetic use of the stick pomades. The Nice Classification requires that
descriptions of pomades indicate whether the goods are for cosmetic or medical
use. The term “Stick pomade,” by itself, is no longer acceptable.
044 Hair styling
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
003 Hair waving lotion
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
026 Hair weaves
Hair weaves may be constructed from
synthetic and/or human hair.
026 Hair wraps, bonnets and caps used as applicators for hair
conditioners
10-03-2013: Entry status changed from “A” added to “X”
example.
044 Hairdressing salons
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Hairdressing services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
030 Half-moon-shaped cake of rice containing sweet or
semi-sweet fillings (songpyeon)
On 12-20-2012, this 8-9-2012 entry
was amended to replace the brackets with parentheses.
008 Hammers [hand-operated]
While all hand-operated
or manually-operated tools (that is, tools powered by hand, 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 also hand held.
020 Hampers [baskets for transporting goods for commercial
purposes]
“Hampers,” by itself, is indefinite in Class 20, because
“laundry hampers for domestic or household use” are classified in Class 21,
whereas “hampers in the nature of baskets for transporting goods for
commercial purposes” are classified in Class 20.
021 Hand basins in the nature of bowls
On 10-20-2016,
this 04-02-1991 entry was modified from “Hand basins [bowls, not part of
sanitary installations]” to “Hand basins in the nature of bowls” to
incorporate the necessary information within the brackets to justify
classification in Class 21.
003 Hand cream
These refer to non-medicated creams.
Medicated creams are in Class 5.
003 Hand creams
These refer to non-medicated creams.
Medicated creams are in Class 5.
028 Hand held joy stick units for playing video games
1-1-2012 this entry of 6-1-2001 was transferred from Class 9 in accordance
with 10th Edition of Nice Agreement. Under the 10th Edition, all game
apparatus are in Class 28 because “Games and playthings” are in the Class 28
Heading.
028 Hand held units for playing video games other than those
adapted for use with an external display screen or monitor
9-3-09 -
the 3-15-93 entry “Hand held unit for playing video games” is amended to
include “other than those adapted for use with an external display screen or
monitor” due to the recent introduction of hand held game units that are
adapted for use with external screens or monitors which are in Class 9.
028 Hand held units for playing electronic games other than
those adapted for use with an external display screen or monitor
9-3-09 - the 4-2-91 entry “Hand held unit for playing electronic games” is
amended to include “other than those adapted for use with an external display
screen or monitor” due to the recent introduction of hand held game units that
are adapted for use with external screens or monitors which are in Class
9.
003 Hand lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
008 Hand operated food dicers
While all hand-operated
or manually-operated tools (that is, tools powered by hand, not an external
power source) are in Class 8, note that not all handheld tools are in Class 8
since many power tools in Class 7 are also handheld.
008 Hand operated lifting jacks
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand operated plumbing snakes
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand operated spreaders for seed and dry lawn
chemicals
While all hand-operated or manually-operated tools (that
is, tools powered by hand, 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 also hand held.
008 Hand operated tool for making shaved ice
While
all hand-operated or manually-operated tools (that is, tools powered by hand,
not an external power source) are in Class 8, note that not all handheld tools
are in Class 8 since many power tools in Class 7 are also hand held.
008 Hand tools, namely, manually-operated sharpening
wheels
While all hand-operated or manually-operated tools (that is,
tools powered by hand, 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
also hand held.
008 Hand tools, namely, hand tools for skimming wall repairs
in small or tight areas with joint compound, putty, or smoothing vinyl
lettering
3-20-10 - SPACKLE was deleted from the 8-21-08 entry
because it is a registered trademark and should not be used in an
identification of goods as a generic term.
008 Hand tools, namely, rubbing bricks for sanding
On
03-15-2012, this 11-20-2008 entry was deleted from the Manual and replaced
with “Hand-operated sanders” in Class 8; this particular wording is still
acceptable, however.
008 Hand tools, namely, manually-operated grindstones
While all hand-operated or manually-operated tools (that is, tools powered by
hand, 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 also hand
held.
008 Hand tools, namely, hand-operated reaching devices for
picking up and removing trash, litter and objects
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand tools, namely, sanders
On 03-15-2012, this
06-01-2001 entry was deleted from the Manual and replaced with “Hand-operated
sanders” in Class 8; this particular wording is still acceptable, however.
008 Hand tools, namely, chalk line reels
Changed typo
“caulk” to “chalk”
008 Hand tools, namely, manually-operated grinding wheels
While all hand-operated or manually-operated tools (that is, tools
powered by hand, 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 also
hand held. 11-24-2016 - These goods are classified in Class 8 as hand-operated
sharpeners.
021 Hand wash basins in the nature of bowls
On
10-20-2016, this 04-02-1991 entry was modified from “Hand wash basins [bowls,
not part of sanitary installations]” to “Hand wash basins in the nature of
bowls” to incorporate the necessary information within the brackets to justify
classification in Class 21.
012 Handbrake knobs
09-30-10 Although these goods are
referred to as “knobs” in the ID, these goods are functionally different from
door knobs or cabinet knobs on which users would pull to cause the door or
cabinet to open. Therefore, these goods are classified according to the
function or purpose rather than material composition (door knobs and cabinet
knobs are classified according to material composition under the Nice
Agreement).10-28-10 - This identification was withdrawn from the Approved
Trilateral List in Class 12 and deleted from the Manual in Class 12. This
Manual entry in Class 12 was replaced with entries in Classes 7 (for use with
machines) and 12 (for use with vehicles).
012 Handbrake knobs for vehicles
Although these goods
are referred to as knobs in the ID, these goods are functionally different
from door knobs or cabinet knobs on which users would pull to cause the door
or cabinet to open. Therefore, these goods are classified according to the
function or purpose rather than material composition (door knobs and cabinet
knobs are classified according to material composition under the Nice
Agreement).
007 Handbrake knobs for machines
Although these goods
are referred to as knobs in the ID, these goods are functionally different
from door knobs or cabinet knobs on which users would pull to cause the door
or cabinet to open. Therefore, these goods are classified according to the
function or purpose rather than material composition (door knobs and cabinet
knobs are classified according to material composition under the Nice
Agreement).
028 Handheld game consoles
A handheld game console is
a portable electronic device with a built-in screen, game controls and
speakers.
024 Handkerchiefs
On 10-13-2016, this 04-02-1991
entry was deleted because it is overbroad and includes handkerchiefs of paper
in Class 16 and handkerchiefs of textile in Class 24. This wording is no
longer acceptable.
016 Handkerchiefs of paper
10-13-2016 - Handkerchiefs
of paper are classified in Class 16 because that wording appears in the Nice
Alphabetical List in Class 16. Similar to paper tissues, paper handkerchiefs
are for personal use, such as wiping the face, nose, or eyes. Note that
textile handkerchiefs are classified in Class 24 per the Nice Alphabetical
List.
024 Handkerchiefs of textile
10-13-2016 -
Handkerchiefs of textile are classified in Class 24 because that wording
appears in the Nice Alphabetical List in Class 24. Textile handkerchiefs are
for personal use, such as wiping the face, nose, or eyes, and they are
distinguishable from pocket squares and kerchiefs in Class 25 that function as
clothing. Note that paper handkerchiefs are classified in Class 16 per the
Nice Alphabetical List similar to paper facial tissues.
024 Handkerchiefs of textiles
10-13-2016 -
Handkerchiefs of textile are classified in Class 24 because that wording
appears in the Nice Alphabetical List in Class 24. Textile handkerchiefs are
for personal use, such as wiping the face, nose, or eyes, and they are
distinguishable from pocket squares and kerchiefs in Class 25 that function as
clothing. Note that paper handkerchiefs are classified in Class 16 per the
Nice Alphabetical List similar to paper facial tissues.
012 Handling carts
Carts is acceptable wording;
further specification is acceptable, but it is not required.
014 Handmade snap jewelry
Snap jewelry is acceptable
wording; further specification is acceptable, but it is not required. Snap
jewelry is jewelry fitted for interchangeable snapped on components.
023 Handspun yarn
Yarn is acceptable wording; further
specification is acceptable, but it is not required.
009 Hands-free kits for phones
On 01-01-2016, this
01-01-2007 entry was amended from “Hands free kits for phones” to “Hands-free
kits for phones” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
042 Handwriting analysis [graphology]
On 01-17-2013,
the 06-01-2001 entry was modified by inserting the bracketed wording so that
the Manual entry matches the Nice Alphabetical List entry in Class 42.
023 Hand-dyed yarn
Yarn is acceptable wording;
further specification is acceptable, but it is not required.
028 Hand-held electronic games adapted for use with television
receivers only
On 1-1-2012 this entry of 11-8-2007 was transferred
from Class 9 in accordance with the 10th Edition of Nice Agreement. Under the
10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading.
028 Hand-held units for playing electronic games for use with
external display screen or monitor
08-11-11 These goods are in Class
9 because they are intended to be connected to an electronic display or
monitor. Stand alone electronic game units that are not used with an external
display screen or monitor are in Class 28. 1-1-2012 this entry of 8-9-2007
was transferred from Class 9 in accordance with 10th Edition of Nice
Agreement. Under the 10th Edition, all game apparatus are in Class 28 because
“Games and playthings” are in the Class 28 Heading.
028 Hand-held units for playing electronic games
Under the 10th Edition of the Nice Agreement, the classification of hand held
units for playing electronic games no longer depends on whether the goods are
for use with an external display screen or monitor. Under the 10th Edition,
all hand held game units are classified in Class 28 as game apparatus.
028 Hand-held units for playing electronic games in the nature
of {indicate type of games, e.g., downloadable games, educational games,
etc.}
Hand-held units for playing electronic games is acceptable;
further specification is also acceptable, but it is not required.
007 Hand-held vacuum cleaners
“Vacuum cleaners” is an
acceptable identification; further specification is acceptable, but it is not
required.
008 Hand-operated atomizers for industrial or commercial
use
Power-operated atomizers for industrial use are classified as
machines in Class 7, and atomizers for household use, both power-operated and
hand-operated, are classified as household apparatus and utensils in Class
21.
021 Hand-operated atomizer for household use
Atomizers for household use, both power-operated and hand-operated, are
classified as household apparatus and utensils in Class 21. Atomizers for
industrial use may be classified as machines in Class 7 or hand-operated
implements in Class 8, depending on whether they are power-operated or
hand-operated.
008 Hand-operated baseball infield drag mats
Hand-operated baseball infield drag mats are typically comprised of flexible
steel mesh and pulled across baseball infields using human force for smoothing
and maintaining the dirt. These goods are classified in Class 8 because they
function as hand tools.
008 Hand-operated caulking guns
On 02-06-2014, the
04-02-1991 entry was modified by inserting “Hand-operated” to make clear the
nature of the goods in Class 8. This modification is consistent with the
existing Alphabetical List entries, “Guns, hand-operated, for the extrusion of
mastics” in Class 8 and “Compressed air guns for the extrusion of mastics” in
Class 7, and the newly added NCL 10-2014 entry, “Non-electric caulking guns”
in Class 8. Please note that “Electric caulking guns” are in Class 7.
008 Hand-operated choppers
While all hand-operated or
manually-operated tools (that is, tools powered by hand, not an external power
source) are in Class 8, note that not all handheld tools are in Class 8 since
many power tools in Class 7 are also hand held.
008 Hand-operated cutting tools
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
021 Hand-operated food grinders
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated food processor
While all
hand-operated or manually-operated tools (that is, tools powered by hand, not
an external power source) are in Class 8, note that not all handheld tools are
in Class 8 since many power tools in Class 7 are also hand held.
008 Hand-operated hair clippers
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated kitchen appliance for dicing, slicing and
chopping food
On 11-24-2016, this 04-23-2009 entry was amended from
“Hand-operated kitchen appliance for dicing, mincing, slicing and chopping
food” to “Hand-operated kitchen appliance for dicing, slicing and chopping
food” because small hand-operated kitchen apparatus for mincing is included in
the Class 21 Nice Classification Heading.
008 Hand-operated lawn edgers
While all hand-operated
or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated nail extractors
Hand-operated nail
extractors are hand tools typically used for construction or building
purposes.
008 Hand-operated nail pullers
Hand-operated nail
pullers are hand tools typically used for construction or building
purposes.
008 Hand-operated percussion hammer drills
On
05-23-2013, this 07-20-2004 entry was modified by inserting “Hand operated”
and replacing “hammers” with “hammer drills” to make clear the nature of the
goods. “Percussion hammers” are typically medical instruments for testing
tendon reflexes. Hand-operated percussion hammer drills are rotary drills
with a hammering action, which may be used for drilling water wells, for
example.
008 Hand-operated press machines for paper making, book
binding, embossing and relief and intaglio printing
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated riveting tools
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated sharpening tools and instruments
While all hand-operated or manually-operated tools (that is, tools powered by
hand, 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 also hand
held.
008 Hand-operated shears
While all hand-operated or
manually-operated tools (that is, tools powered by hand, 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 also hand held.
021 Hand-operated ski brushes
Hand-operated ski
brushes are classified in Class 21 because the Nice Alphabetical List includes
Brushes* in Class 21.
008 Hand-operated ski corks for smoothing wax onto skis
Hand-operated ski corks are classified in Class 8 as hand tools
consistent with the Nice Classification system’s Class 8 Heading.
008 Hand-operated ski files
Hand-operated ski files
are classified in Class 8 because the Nice Alphabetical List includes Files
[tools] in Class 8.
008 Hand-operated ski sharpening instruments
Sharpening instruments are in the Nice Alphabetical List in Class 8.
008 Hand-operated slicers
While all hand-operated or
manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated sprayers for insecticide
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated telescopic arm for fixing panels of plaster
on wood or walls and ceilings
While all hand-operated or
manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated tiller
While all hand-operated or
manually-operated tools (that is, tools powered by hand, 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 also hand held.
008 Hand-operated tools, namely, chisels
“Hand-held”
changed to “hand-operated” to avoid confusion with Class 7 power-operated
tools.
021 Hand-operated vaporizers for household purposes
Hand-operated vaporizers for industrial or commercial use are classified as
hand-operated implements in Class 8. Power-operated vaporizers for industrial
or commercial and household use are classified as steam-generating apparatus
in Class 11. 01-29-2015: On 01-29-2015, the 04-12-2012 entry was amended to
replace “use” with “purposes” for clarity. Oral vaporizers for smoking
purposes are classified in Class 34 under Nice 10-2015.
008 Hand-operated vaporizers for industrial or commercial
purposes
Hand-operated vaporizers for household use are classified as
household apparatus in Class 21. Power-operated vaporizers for industrial or
commercial and for household use are classified as steam-generating apparatus
in Class 11. 01-29-2015: On 01-29-2015, the 04-12-2012 entry was amended to
replace “use” with “purposes” for clarity. Oral vaporizers for smoking
purposes are classified in Class 34 under Nice 10-2015.
008 Hand-operated vegetable shredders
While all
hand-operated or manually-operated tools (that is, tools powered by hand, 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 also hand held.
020 Hand-painted plastic foam display heads used to display
merchandise such as hats, wigs, glasses and similar items for the human
head
10-03-2013: Entry status changed from “A” added to “X”
example.
041 Hapkido instruction
Hapkido is a type of martial
art.
009 Hard discs for computers featuring {indicate subject
matter or field}
10-8-09 - “featuring {indicate subject matter or
field}” was added to the 4-2-91 entry. Hard discs require subject matter
unless indicated as being “blank.”
040 Hard drive destruction services
This service
involves the physical destruction of hard drives by means of shredding,
crushing, or disintegrating. However, hard drive erasure is a computer
service classified in Class 42.
033 Hard lemonade
Hard lemonade is an alcoholic
beverage resembling lemonade.
006 Hardware mounting system comprised of metal brackets for
bath accessories and decorative hooks
04-10-2014 - This ID is
classified in Class 6 according to material composition because the primary
component of the hardware system is made of metal. Moreover, “Hardware of
metal, small” is listed in the Nice Alphabetical list in Class 6.
018 Harness straps
These goods refer to harnesses for
horses or other animals. Harnesses for people for various uses are in 9, 12,
26 or 28. (7-19-07)
018 Harnesses
These goods refer to harnesses for
horses or other animals. Harnesses for people for various uses are in 9, 12,
26 or 28. (7-19-07)
009 Harnesses specially adapted for holding electronic
devices, namely, {indicate electronic device, e.g., smart phones, MP3 players,
compact video cameras, etc.} [excluding gaming apparatus]
On
12-06-2012, this 01-13-2011 entry “Harnesses for holding electronic devices,
namely, {indicate electronic items, e.g., smart phones, compact video
cameras}” was amended to make explicit the rationale for classification in
Class 9. As previously written, the ID could be interpreted as including
harnesses for gaming devices in Class 28 since all game apparatus are in Class
28 because “games and playthings” are in the Class Heading under the 10th
Edition.
008 Harpoons for commercial fishing [not sports articles]
These goods are not sports articles. Harpoon guns in the nature of sports
articles are in Class 28.
025 Hat frames
Hat frames are components of hats.
014 Hat ornaments of precious metal
1-1-07
Transferred from Class 14 in accordance with 9th edition of Nice Agreement.
8-16-07 - Further review of the 9th edition indicates that this item remained
in Class 14 when made of precious metal. Therefore, it has been transferred
from Class 26 to Class 14.
026 Hat pins of precious metal
Transferred from Class
14 in accordance with 9th edition of Nice Agreement.
040 Hazardous waste management
This entry was
transferred from Class 42 to Class 40 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
009 HDMI (high-definition multimedia interface) cables
Deleted 4/8/2010 because HDMI is a registered trademark
009 HDMI (high-definition multimedia interface) apparatus and
component cables sold as a unit
Deleted 4/8/2010 because HDMI is a
registered trademark
009 Head cleaning tapes for video recorders
On
04-02-2015, this 02-04-2010 entry, “Head cleaning tapes for video recorder”
was amended to “Head cleaning tapes for video recorders” to match the TM5
approved entry.
009 Head guards for rugby training purposes
02-28-2013 - Although the head guards ultimately protect the user’s head by
dispersing impact, these goods are classified in Class 28 according to their
primary function as sports padding similar to “Elbow guards [sports articles]”
and “Knee guards [sports articles],” which appear in the Nice Alphabetical
List in Class 28. 01-01-2016: On 01-01-2016, this 04-23-2009 entry was
transferred from Class 28 to Class 9 in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, head guards for sports are classified in Class 9 because they protect
against serious injury and are analogous to the wording “life-saving apparatus
and instruments” in the Class 9 Heading.
028 Head straps for weight lifting
Head straps for
weight lifting are harnesses used to attach weights for head or neck
exercises.
020 Head supporting pillows that may be attached to {indicate
items, e.g., car seats, baby strollers, etc.}
Head supporting pillows
is acceptable wording; further specification is acceptable, but it is not
required.
025 Headwear for {specify wearer, e.g., babies, adults,
children, women, men, etc. NOTE: Animal clothing is classified in Class
18.}
Headwear is acceptable wording; further specification is
acceptable, but is not required.
012 Head-rests for vehicle seats
8-18-2011 corrected
spelling of “vehicles” to “vehicle.”
044 Health care
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
044 Health care in the nature of health maintenance
organizations
This entry was transferred from Class 42 to Class 44
due to the restructuring of Class 42 that was implemented in the 8th edition
of the Nice Agreement.
044 Health care services in the nature of athletic
training
Athletic training services are health care services for
athletes comprising of prevention, emergency care, clinical diagnosis,
therapeutic intervention, rehabilitation of injuries and medical conditions,
and other related health care services.
044 Health care services, namely natural allergy
desensitization using muscle testing and vibrational frequency treatment
01-16-2014: Entry status changed from “A” added to “X” example.
044 Health care services, namely, providing a database in the
field of asthma and allergy information and featuring inputting and collection
of data and information all for treatment and diagnostic purposes
05-01-2008 Wording modified and lead-in added to make entry clear that it is a
health care service and not just the provision of the technology that allows
for input and collection. 09-05-2013: Entry status changed from “A” added to
“X” example. On 04-17-2014, this 05-01-2008 entry was deleted because the
nature and purpose of the services is not clear, and may include medical
information services in Class 44 and computer technology services in Class
42.
044 Health care services, namely, providing a database in the
field of {indicate area of health care treatment} information and featuring
inputting and collection of data and information all for treatment and
diagnostic purposes
01-16-2014: Entry status changed from “A” added
to “X” example.
044 Health care services, namely, {specify the type of health
care services provided, e.g., geriatric health care, physical therapy,
etc.}
01-16-2014: Entry status changed from “A” added to “X” example.
“Health care” is acceptable wording in Class 44; indication of the specific
type of health care service is permissible, but is not required.
044 Health care services offered through a network of health
care providers on a contract basis
01-16-2013: Entry status changed
from “A” added to “X” example.
044 Health care, namely, assisting individuals to stop
smoking
This entry was transferred from Class 42 to Class 44 due to
the restructuring of Class 42 that was implemented in the 8th edition of the
Nice Agreement.
010 Health monitoring devices consisting of blood pressure
monitors, thermometers and pedometers
On 05-22-2014, the 06-11-2009
entry “Health monitoring devices, namely, blood pressure monitors,
thermometers and pedometers” was amended to replace “namely” with “consisting
of” to clarify the nature of the goods. Although “pedometers” are generally
classified in Class 9 as measuring devices, this entry is acceptable in Class
10 because the pedometers are merely a part of a medical apparatus used for
health monitoring purposes. Medical apparatus and instruments are included in
the Nice Class Heading for Class 10.
010 Health monitors comprising sensor that monitor the health
of the elderly or disabled in their own homes
On 04-19-2012, the
04-19-2007 entry was amended by deleting the word “handicapped” and inserting
the word “disabled.”
043 Health resort services, namely, providing food and lodging
that specialize in promoting patrons' general health and well-being
This entry was transferred from Class 42 to Class 43 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
044 Health spa services for health and wellness of the body
and spirit, namely, providing massage, facial and body treatment services,
cosmetic body care services
09-05-2013: Entry status changed from “A”
added to “X” example.
044 Health spa services for health and wellness of the body
and spirit offered at a health club facility
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Health spa services for health and wellness of the body
and spirit offered at a health resort
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Health spa services for health and wellness of the mind,
body and spirit offered in or from a remote, mobile or temporary on-site
location
08-01-2013: Acceptable entry status changed from “A” added
to “X” example.
044 Health spa services, namely, cosmetic body care
services
This entry was transferred from Class 42 to Class 44 due to
the restructuring of Class 42 that was implemented in the 8th edition of the
Nice Agreement.
044 Hearing aid services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
009 Hearing protection headsets, not for medical use
3-14-2013: This entry from 01-18-2007 was deleted. Pursuant to the 10th
Edition of the Nice Agreement “hearing protectors” are in Class 10 whether for
medical use or not. While headphones and communication headsets incorporating
hearing protection are in Class 9, hearing protectors without the ability to
reproduce or transmit sound are in Class 10.
011 Heat exchangers for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
009 Heat sealing machines for {indicate use}
On
06-12-2014, this 08-06-2001 entry was deleted because it is too broad for
classification purposes. Sealing machines for industrial purposes is
acceptable in Class 7.
003 Heavy duty, multi-purpose degreasers
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 Degreasing preparations [not used in manufacturing processes] for
use on [indicate specific type of surface or field of use] in Class 3 were
added in its place.
022 Heavy-duty bags for recycling and disposal of building
materials, namely, {specify, e.g., roofing shingles, bricks, etc.}
Heavy-duty bags for recycling and disposal of building materials is acceptable
wording in Class 22; further specification as to the type of building
materials to be disposed is acceptable, but it is not required.
028 Helical spring toys
Helical spring toys consist
of a compressed coil spring of metal, plastic or other material.
012 Helicopters and structural parts therefor
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
009 Heliographic apparatus
Heliographic apparatuses
are instruments for measuring or recording duration and intensity of
sunlight.
025 Helmet liners [headwear]
Helmet liners are in the
nature of fitted caps or headwear.
010 Hematimeters
Hematimeters are apparatus used to
determine or estimate the number of red blood cells in a particular quantity
of blood.
005 Hemostatic gel matrix preparations for treating wounds
On 06-20-2013, the 06-13-2013 entry was modified by deleting the word
“Medicated” to more accurately describe the nature of the preparation, which
acts as a medicine, but does have medicine added to it.
005 Hemostatic pencils
Hemostatic pencils are also
known as styptic pencils.
022 Hemp for textile use
On 05-19-2016, this
04-02-1991 entry was modified from “Hemp” to “Hemp for textile use” to make
clear the purpose of the goods and the justification for classification in
Class 22. Hemp is a natural fiber that is used to make textiles, such as yarn
and fabric.
030 Herbal flavourings, other than essential oils, for making
beverages
On 01-01-2016, this 10-21-2010 entry was amended to add
“other than essential oils” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Food or beverage flavorings that
are essential oils are classified in Class 3. The identification must
indicate whether or not food or beverage flavorings are essential oils for
appropriate classification of the goods.
034 Herbal molasses
These goods are tobacco
substitutes made from herbs and flavorings.
005 Herbal pills for the treatment of diabetes
On
1-12-2012 this 6-17-2010 entry was amended from “herbal pills for diabetics”
to “herbal pills for the treatment of diabetes” to make clear the purpose of
the goods. These goods are covered by the Nice Alphabetical List entry,
“Medicinal herbs” in Class 5.
005 Herbal products, namely, aromatherapy packs containing
herbs used for relief from headaches, insomnia and sinus discomfort
Specific conditions to be treated added to ID to differentiate from
aromatherapy products in Class 3.
029 Herrings, not live
On 1-31-2013, the 7-20-2004
entry “Herrings [not live]” was modified to incorporate the bracketed wording
into the identification. Live herrings are classified in Class 31.
025 Hijabs
Hijabs are squares of cloth worn by some
Muslim women for covering the head and neck.
018 Hiking bags
Note that bags that are fitted to
carry a particular item are classified with the 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.
010 Hip kits comprising hand-operated apparatus for performing
self-care activities without bending at the hip
Items for use by
invalids or handicapped individuals are classified in Class 10. See TMEP
1401.05(b) for further information. 07-04-2013: Status changed from “A” -
Added to “X” - example.
016 Histological sections for teaching purposes
Histological sections are stained cross-sections of organic tissue affixed in
a medium and mounted on a slide for viewing under a microscope. The entry
“Histological sections for teaching purposes” is in the Nice Alphabetical List
of Goods in Class 16 as an instructional or teaching materials.
028 Hobby craft kit for making {indicate specific item}
comprising {indicate primary components}
Painting sets, arts and
craft paint kits, coloring books are in Cl. 016 8-9-07 - Kits for making
objects that are not identified as hobby craft kits will most commonly be
classified in the class of what they make, e.g., kits for making clocks in
Class 14 and kits for making bird houses in Class 21. On 1/1/12 this 10-1-94
entry was amended to delete the wording “item to be made” in the parenthetical
because that is covered by the related entry “Hobby craft kit {indicate
specific use}.” On 11-27-2014, the entry, “Hobby craft kit comprising
{indicate primary components},” was modified to include wording indicating
purpose in compliance with TMEP §1401.05(a). On 04-28-2016, this 27-11-14
entry was deleted pursuant to the April 30, 2016 update to TMEP Section
1401.05(a).
028 Hobby craft sets for {indicate specific use}
Painting sets, arts and craft paint kits, coloring books are in Cl. 016 8-9-07
- Kits for making objects that are not identified as hobby craft kits will
most commonly be classified in the class of what they make, e.g., kits for
making clocks in Class 14 and kits for making bird houses in Class 21. On
04-28-2016, this 04-02-1991 entry was deleted pursuant to the April 30, 2016
update to TMEP Section 1401.05(a).
008 Hoes [hand-operated]
These tools are powered by
hand, not by electricity or other non-manual power source.
006 Holder in the nature of a portable, flexible arm composed
primarily of metal with a pressure lock system having the ability to attach to
most flat surfaces and used to hold various household-related appliances
during use
07-04-2013: Status changed from “A” - Added to “X” -
example. 07-10-2014: The description was corrected to change “flat services”
to “flat surfaces.” The effective date remains 01-17-2008 as the entry has not
been modified but merely corrected.
034 Holders for cigar and cigarette of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice
Agreement.
034 Holders of cigars and cigarettes of precious metal
Transferred from Class 14 in accordance with 9th Edition of Nice
Agreement.
006 Holiday ornaments of common metal [not tree ornaments]
6-4-09 - “metal” in 6-1-01 entry changed to indicate “common metal.”
Ornaments of precious metal are in Class 14.
044 Holistic health services featuring herbal medicine
09-05-2013: Entry status changed from “A” added to “X” example.
009 Hologram apparatus
This entry refers to the
apparatus used to create holograms. Printed holograms are in Class 16.
044 Home health care services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
042 Home inspection services for purposes of {indicate purpose
of home inspection, e.g., home repair, restoration, renovation, etc.}
Concerning home or house inspections in Class 42, this activity usually takes
place when purchasing or renting a home. It does not take place in the course
of constructing a new building so it is not classified in Class 37. Also,
inspection for safety purposes is in Class 45.
042 Home inspections
A home inspection usually takes
place when purchasing or renting a home. It is not an inspection that takes
place in the course of constructing a new building so it is not classified in
Class 37.
044 Home nursing aid services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
042 Home parties (Retail sale of {indicate specific goods,
e.g. cosmetics, housewares, lingerie} by means of)
Selling and sales
are not service under the US Trademark Act or the Nice Agreement since the
primary beneficiary of selling or sales is the seller. Language describing
services acceptable in the retail chain (e.g., retail stores,
distributorships, on-line retailing) should be used instead of selling or
sales.
045 Home security monitoring using wireless and wired sensors
for glass breakage, motion detectors, cameras, pool alarms, water alarms and
shutoff valves, gate, door and window contact sensors, severe weather
alarms
08-09-2012: Monitoring services in Class 45 typically involve
observation of an activity or physical condition for security purposes, e.g.,
dispatching of emergency personnel when changes in conditions occur.
09-05-2013: Entry status changed from “A” added to “X” example.
045 Home sitting
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
009 Home theater products, namely, DLP [digital light
processor]
DLP is a registered trademark and cannot be used as a
generic term in an ID.
009 Home theater systems comprising {indicate specific
electronic components, e.g., DVD players, audio amplifiers, audio speakers}
[DO NOT include components that are in classes other than 9, e.g., lighting
and seating]
1-13-11 - the note in square brackets was added to
1/15/10 entry to avoid inclusion of items that are not in Class 9 in the list
of components of the home theater system.
010 Home urine collection kit consisting of test tubes,
pipette, and self-mailer used to determine a person's nutraceutical needs
07-04-2013: Status changed from “A” - Added to “X” - example.
005 Homeopathic-style HCG (human chorionic gonadotropin) oral
sprays for weight loss purposes
To qualify for federal
trademark/service mark registration, the use of a mark in commerce must be
lawful. See TMEP §907. The FDA has declared illegal HCG marketed for weight
loss purposes in homeopathic products. Accordingly, on 11-15-2012 this
11-11-2010 entry was deleted.
005 Homeopathic-style HCG (human chorionic gonadotropin) in
the form of {indicate form of preparation, e.g., sprays, drops, pellets,
etc.} for weight loss purposes
To qualify for federal
trademark/service mark registration, the use of a mark in commerce must be
lawful. See TMEP §907. The FDA has declared illegal HGC marketed for weight
loss purposes in homeopathic products. Accordingly, on 11-15-2012 this
1-20-2011 entry was deleted.
005 Homeotherapeutic HCG (human chorionic gonadotropin) oral
sprays for weight loss purposes
To qualify for federal
trademark/service mark registration, the use of a mark in commerce must be
lawful. See TMEP §907. The FDA has declared illegal HCG marketed for weight
loss purposes in homeopathic products. Accordingly, on 11-15-2012 this
2-25-2010 entry was deleted.
030 Hominy
Hominy is a corn product. Corn is a grain
and all grains and grain products are classified in Class 30.
040 Honing of concrete floors
Previously in Class 37
due to a typographical error. This service is in Class 40 as now
indicated.
025 Hoodies
HOODIES is a registered trademark for a
hooded sweatshirt and should not be used in identifications as a generic term.
On 01-11-2013, U.S. Registration No. 2424471 for HOODIES was cancelled under
Section 18 of the Lanham Act. USPTO is reviewing this matter to determine
appropriate action.
026 Hook and loop fasteners for use in the manufacture of bags
made of leather or fabric
10-03-2013: Entry status changed from “A”
added to “X” example.
026 Hook and loop fasteners for use in the manufacture of
clothing and shoes
10-03-2013: Entry status changed from “A” added to
“X” example.
007 Horning machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods.
045 Horoscope forecasting
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
018 Horse blankets
12-18-2014: “Horse blankets” are
considered animal clothing for keeping horses warm.
044 Horse breeding and stud services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Horse farming services
On 08-15-2013, this
12-01-2005 entry was modified by inserting “services” to make clear that the
activity is being performed for others. Additionally, the status was changed
from “A - Added” to “X” to indicate that it is an example of acceptable
wording. To be a service, an activity must be primarily for the benefit of
someone other than the applicant. TMEP 1301.01(a)(ii). Therefore, operating a
wheat farm, for example, for the purpose of growing, harvesting, and selling
wheat for further manufacture, is not considered a wheat farming service under
the Trademark Act because, although the manufacturers derive an incidental
benefit, the farming activities primarily benefit the farmer. Farming
activities must be rendered for others to be a registrable service.
018 Horse flanks and shanks, namely, horse protective padding,
braces, and leg boots for the flanks and legs
On 11-28-2013, this
08-01-2004 entry has been deleted because the wording did not clearly indicate
the equine goods with sufficient particularity. The horse boots, shanks and
padding are covered by other entries in the ID Manual.
018 Horse rugs
12-18-2014: “Horse rugs” are
considered animal clothing for keeping horses warm.
001 Horticultural {specify type of chemical preparation, e.g.,
soil amendments, soil conditioners, etc.} that are incorporated into or onto a
turf, lawn or soil profile
05-02-2013: This entry of 12-21-2006 was
modified to allow for customization by including fill-in portions and to
delete the overly-specific intended purposes “for creating a health medium for
increased root growth and/or a smoother turf or lawn surface cut or
appearance.” 06-06-2013: The type of chemical preparation specified must be of
a nutritive or growth-enhancing nature to justify Class 1. Pesticides,
herbicides, fungicides and other biocidal agents are in Class 5.
044 Horticultural processes and turf or lawn care services,
namely, providing preparation and development of turfgrass and/or soil for
providing an environment that encourages improved growth attributes
09-05-2013: Entry status changed from “A” added to “X” example.
044 Horticultural services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Horticultural services, namely, installing sod
6/12/08 - Transferred from Class 37 with added language “horticultural
services, namely.” This is more of a planting service in Class 44 than
construction installation in 37.
017 Hoses of textile material
Metal pipes are in
Class 6, non-metal, rigid pipes are in Class 19, and non-metal hoses and
flexible pipes are in Class 17.
044 Hospice services
01-01-2002: This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Hospices” to “Hospice
services” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
044 Hospice services for {specify individual or group, e.g.,
veterans, women, men, dogs, etc.}
Hospice services is acceptable
wording; further specification is acceptable, but it is not required.
044 Hospital services
01-01-2002: This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Hospitals” to “Hospital
services” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
043 Hostels
This entry was transferred from Class 42
to Class 43 due to the restructuring of Class 42 that was implemented in the
8th edition of the Nice Agreement.
042 Hosting an online community website featuring shared
communications between community members interested in personal and small
business computer information security
On 5-12-2011, the 9-11-2008
entry was deleted from the Manual because it is encompassed by the existing
Manual entry “hosting an on-line community web site featuring {indicate
subject matter or purpose}” in Class 42. Providing a web site featuring
technology that enables internet users to create, bookmark, annotate, and
publicly share fitness-related data, as well as providing health and fitness
professionals with a subscription-based client management system.
042 Hosting an online website featuring {indicate subject
matter or purpose} [provision of hosting technology only - not classified by
subject matter]
This is a technology service ONLY - the service of
providing server space for another entity’s website to reside. It is not
classified by subject matter, although subject matter should be indicated.
5-12-2011: The bracketed note of this 7-17-2008 entry was modified to indicate
that the services are not classified by subject matter. 12/17/2015: Hosting
of one’s own website is not a service; See TMEP Section 1402.11(a)(xi).
042 Hosting an on-line community web site featuring {indicate
subject matter or purpose}
5-12-2011: This is a technology service
ONLY - the service of providing server space for another entity's web site to
reside. It is not classified by subject matter, although subject matter should
be indicated for purposes of this fill-in entry. 08-29-2013: Entry status
changed from “M” modified to “X” example.
042 Hosting of digital content on the Internet
5-12-2011: This is a technology service ONLY - the service of providing server
space for another entity's digital content to reside. It is not classified by
subject matter of the digital content, although subject matter may be
indicated.
042 Hosting on-line web facilities for others for {specify the
function of the facilities, e.g., conducting interactive discussions, sharing
on-line content, etc.}
5-12-11: The 7-24-2008 entry was modified to
delete “to showcase songwriting and musical talents and for facilitating and
conducting online connections, collaborations, and interactive discussions
about songwriting and music” and replace it with a broader fill-in section.
Hosting on-line web facilities for others for {specify the function of the
facilities, e.g., conducting interactive discussions, sharing on-line content,
etc.}”
042 Hosting the web sites of others on a computer server for a
global computer network
08-29-2013: Entry status changed from “A”
added to “X” example.
042 Hosting the web sites of others
On 5-12-2011, the
7-3-2008 entry was deleted from the Manual because it is encompassed by the
existing Manual entries, “hosting of web sites” in Class 42 and “hosting
websites on the Internet” in Class 42. Providing a web site featuring
technology that enables internet users to create, bookmark, annotate, and
publicly share fitness-related data, as well as providing health and fitness
professionals with a subscription-based client management system.
021 Hot air hair brushes
On 1-1-2012, this Class 9
electric or electrothermic entry of 6-1-2004 was transferred to Class 21 (the
class of its non-electric counterparts), pursuant to the 10th Edition of the
Nice Agreement.
011 Hot water heating installations
Heating
installations is acceptable wording; further specification is also acceptable,
but it is not required.
011 Hot water tanks [heating apparatus]
On
04-05-2012, the wording “[heating apparatus]” was added to the entry to
clarify the nature and purpose of the goods. Storage tanks are classified on
Class 6, 19, or 20, according to material composition.
021 Hotdog cooking forks
On 01-28-2016, the
10-01-2009 entry “Hotdog cooking forks and marshmallow cooking forks” was
amended to “Hotdog cooking forks,” and “Marshmallow cooking forks” was added
to the Manual as a separate entry.
043 Hotel and motel services
On 10-6-2011, this
11-29-2007 entry was deleted because it is covered by separate entries for
“Hotel services” and “Motel services” 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
043 Hotel and restaurant services
On 10-6-2011, this
11-29-2007 entry was deleted because it is covered by separate entries for
“Hotel services” and “Restaurant services” 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
043 Hotel and restaurant reservation services
On
10-6-2011, this 11-29-2007 entry was deleted because it is covered by separate
entries for “Hotel services” and “Restaurant reservation services”
045 Hotel concierge services
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
043 Hotel services for preferred customers
On
10-6-2011, this 1-1-2002 entry was deleted because, although acceptable, it is
covered by the existing entry for “Hotel services.” It is acceptable to add
the specific target group to the base entry. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
043 Hotel, bar and restaurant services
On 10-6-2011,
this 7-20-2004 entry was deleted because it is covered by the separate entries
for “Hotel services” “Bar services” and “Restaurant services” 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Hotel, motel, restaurant, bar and catering services
On 10-6-2011, this 11-29-2007 entry was deleted because it is covered by
separate listings for “Hotel services” “Motel services” “Restaurant services”
and “Catering services”. 07-25-2013: Acceptable entry status changed from “D”
deleted to “X” example.
043 Hotel, restaurant and catering services
On
10-6-2011, this 11-29-2007 entry was deleted because it is covered by the
separate entries for “Hotel services” “Restaurant services” and “Catering
services”. 07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Hotel, restaurant and bar services
On 10-6-2011,
this 11-29-2007 entry was deleted because it is covered by the separate
entries for “Hotel services” “Restaurant services” and “Bar services”
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Hotels
This entry was transferred from Class 42
to Class 43 due to the restructuring of Class 42 that was implemented in the
8th edition of the Nice Agreement. On 10-6-2011, this 1-1-2002 entry was
deleted because it is covered by the existing entry for “Hotel services”
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
045 House sitting
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
026 Household appliance covers
On 5-16-2013, this
entry of 4-2-1991 was deleted pursuant to the 10th Edition of the Nice
Agreement. Covers adapted to the goods that they contain are classified in the
class of the goods they contain. Here, these covers are for goods classified
in more than one class.
021 Household containers of precious metal
Transferred from Class 14 pursuant to changes in the 9th edition of the Nice
Agreement.
005 Household deodorant
Note that deodorants for
personal use (use on the body of human or animal) are in Class 3
021 Household strainers for {indicate, e.g., juice, tea, wine,
etc.}
Strainers for household purposes is acceptable wording; further
specification is also acceptable, but it is not required.
021 Household utensils for applying electrostatic charge to
{indicate material, e.g., paper, plastic film, etc.} causing the material to
temporarily adhere to household surfaces
Utensils for household
purposes is in the Nice Alphabetical List in Class 21 and generally includes
cleaning utensils and some kitchen utensils. These goods are in Class 21
because they serve a similar household purpose.
042 Housekeeping
This item was deleted because the
designation includes services that are included in classes other than Class 42
such as cleaning activities that are classified in Class 37.
035 Human capital management outsourcing services
On
07-18-2013, the 05-01-2005 entry was deleted because it is unclear whether it
involves outsourcing services in the nature of arranging service contracts for
others in Class 35, or whether it involves human capital management services
rendered by an outsource service provider in Class 35. Although these services
are in the same class, they are different in nature. Please see “Outsourcing
services in the nature of arranging service contracts for others” in Class 35,
and “Outsource service provider in the field of {indicate service, e.g., food
preparation, medical billing, IT consulting, etc.} [classification depends on
services being rendered by the outsource service provider]” in Class 000.
019 Hume pipes
These goods are concrete pipes.
011 Humidifiers for central heating radiators
Humidifiers is acceptable wording; further specification is also acceptable,
but it is not required.
011 Humidifiers for household purposes
On 04-19-2012,
this 07-20-2004 entry was deleted from the Manual because it is already
covered by the existing entry “Humidifiers” in Class 11; this wording is still
acceptable, however. 10-24-2013: Acceptable entry status changed from “D”
deleted to “X” example. Entry modified to remove square brackets from around
“for household purposes.” While intended use may be indicated, it is not
required.
018 Hunters' game bags
Note that bags that are fitted
to carry a particular item are classified with the 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 Hunting bags
Note that bags that are fitted to
carry a particular item are classified with the 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.
005 Hyaluronic acid for pharmaceutical purposes
On
07-01-2011 this 06022011 entry was amended from “hyaluronic acid” to
“hyaluronic acid for pharmaceutical purposes” in order to specify the common
purpose of the product and to correct the classification
011 Hydrants [not fire hydrants]
The hydrants provide
water for various purposes, but do not function or serve the same fire
extinguishing purpose as fire hydrants that are in 9. On 08-16-2012, the
04-02-1991 entry was deleted because it is already covered by the existing
entry “Hydrants” in Class 11, and because “Fire hydrants” are now also
classified in Class 11.
005 Hydrated chloral for pharmaceutical purposes
Hydrated chloral is a central nervous system depressant commonly used as a
sedative or to induce sleep.
021 Hydration packs containing a fluid reservoir, delivery
tube, and mouthpiece
Hydration pack is indefinite and may include
hydration packs containing personal fluid hydration systems in Class 21 and
backpacks compatible with personal hydration systems, sold empty in Class
18.
001 Hydraulic fluid
6-2-11: Hydraulic fluids are in
Class 1 because they are chemical-based. Hydraulic oils are classified in
Class 4 and are not chemical-based.
001 Hydraulic fluids for general use
6-2-11:
Hydraulic fluids are in Class 1 because they are chemical-based. Hydraulic
oils are classified in Class 4 and are not chemical-based.
004 Hydraulic oils
6-2-11: Hydraulic oils are not
chemical-based. Chemical-based hydraulic fluids are in Class 1.
007 Hydraulic presses for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods.
037 Hydrodemolition services
Hydrodemolition is the
removal of concrete, asphalt, or grout, or the removal of coatings from those
materials using high-pressure water spray, as part of repair and restoration
of highways, bridges, parking garages, and other concrete structures.
040 Hydrographic printing services
On 02-11-2016,
this 07-11-2013 entry was changed from “Hydrographics [printing service]” to
the current wording to distinguish these water transfer printing services from
hydrography, which refers to scientific surveying and charting of bodies of
water such as oceans and lakes.
009 Hydrophones
This term refer to microphones used
for underwater acoustic measurements, signal detection or recording.
021 Hydroponic garden kit for home use comprising growing
containers and also including hydroponic fertilizers, seeds, substrate, drain
components, a book and starting class of DVD and CD instructional
materials
07-04-2013: Status changed from “A” - Added to “X” -
example.
011 Hydroponics grow box in the nature of a closed environment
equipped with lights, exhaust system, hydroponics growing container and odor
control system
07-04-2013: Status changed from “A” - Added to “X” -
example.
005 Hygienic bandages
On 12-13-2012, this 8-4-2011
entry was deleted based on discussions at the 22nd Session of Nice Union
Committing meeting. The indication is considered unclear.
035 Hypermarkets
Hypermarkets are large retail stores
featuring groceries and general consumer merchandise.
044 Hypnotherapy services for medical or psychological
purposes
11-12-09 - the 12-1-05 entry was amended to add “for medical
or psychological purposes.” This specification in Class 44 is due to the
inclusion of an entry in Class 45 for “spiritual hypnotherapy services.”
005 Hypoglycemic agents
Hypoglycemic agents decrease
the level of glucose in the blood for the treatment of diabetes.
011 Ice chests [for household purposes, not for carrying
with]
Analogous to freezers
021 Ice cream scoops
03-05-2015 - Ice cream scoops
are classified in Class 21 as household or kitchen utensils. Ice cream scoops
and dishers are different from hand-operated scooping tools in Class 8, which
are generally used to transfer unspecified amounts of bulk materials, such as
sugar or rice, from a bag to a container, for example. For classification
purposes, the key distinction for scoops in Class 8 and scoops in Class 21 is
whether the scoops are for transferring unspecified amounts of materials or
foods, or for serving or portioning foods.
029 Ice cream shakes
Ice cream shakes are classified
in Class 29 because they are milk-based beverages and are analogous to the
Nice Alphabetical List indication “milk shakes” in Class 29.
030 Ice creams
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
021 Ice scoops [barware]
On 03-05-2015, the
06-01-2001 entry was modified by inserting the bracketed wording to clarify
the nature of the goods. Ice scoops are classified in Class 21 as household or
kitchen utensils. Ice scoops (being barware) are different from hand-operated
scooping tools in Class 8, which are generally used to transfer unspecified
amounts of bulk materials, such as sugar or rice, from a bag to a container,
for example (or for transferring ice cubes from an ice machine to an ice
bucket). For classification purposes, the key distinction for scoops in Class
8 and scoops in Class 21 is whether the scoops are for transferring
unspecified amounts of materials or foods, or for serving or portioning
foods.
011 Ice skating rinks
On 02-26-2015, the 04-02-1991
entry was deleted because it is indefinite and overbroad. Portable skating
rink structures, of metal, are in Class 6, and portable skating rink
structures, not of metal, are in Class 19.
020 Identification bracelets, not of metal, for admission to
events
These goods are also called “event wristbands” in the
marketplace.
045 Identification verification services, namely, providing
authentication of personal identification information via secure storage and
transmitting such information via the Internet
09-05-2013: Entry
status changed from “A” added to “X” example.
009 Image intensifiers
The main function of these
devices is to amplify light signals by converting photons to photo electrons,
multiplying the photo electrons, and converting them back to photons. Image
intensifiers are used in cameras and night vision goggles, for example.
009 Image transfer kits for computer printers, namely, kits
forming parts of printers comprising belts, toner and drums for the purpose of
transferring images onto paper
07-04-2013: Status changed from “A” -
Added to “X” - example.
005 Imitation cigarettes for quitting smoking
8-20-09
- The 9-4-08 entry in Class 10 was transferred to Class 5 to be consistent
with the entry “Tobacco-free cigarettes for medical purposes” and also
accepted as a trilateral ID. On July 12, 2012, the Trilateral designation was
removed from this identification.
001 Immunohistochemistry detection kits consisting of mouse
secondary reagents, DAB chromogens, DAB buffers, peroxidase blocking reagent,
and hematoxylin, for anatomic pathology purposes in the medical diagnostics
industry
07-04-2013: Status changed from “A” - Added to “X” -
example.
028 Impact markers in the nature of pressure sensitive
reusable impact labels for attachment to the head of a golf club to indicate
where the club hits the ball
08-29-2013: Entry status changed from
“A” added to “X” example.
009 Impact printers
01-01-2016: Impact printers are
printing devices in which the printing surface strikes the paper. In
contrast, 3D printers are additive manufacturing machines that create or build
three-dimensional solid objects by laying down successive layers of material,
and thus, are classified as “machines” which is in the Class Heading for Class
7.
009 Impact simulation test equipment in the nature of crash
test dummies, crash barriers and crash tracks
02-28-2013 - These
goods are classified as testing apparatus in Class 9, which are covered by the
wording “checking (supervision)...apparatus and instruments” in the Class 9
Heading.
010 Implantable radiation therapy devices consisting of
{indicate primary component(s) of the medical apparatus or instruments, e.g.,
radioactive seeds, etc.}
Radiation therapy devices is acceptable
wording; further specification is acceptable, but it is not required.
010 Implantable radiation therapy devices consisting of
radioactive seeds with or without a bioabsorbable carrier assembly
08/27/2015: The entry of 07/01/2003 was modified to accommodate the variations
in components of the devices by changing “and a bioabsorbable carrier
assembly” to “with or without a bioabsorbable carrier assembly.”
010 Implantable radiation therapy devices
Radiation
therapy devices is acceptable wording; further specification is acceptable,
but it is not required.
010 Implantable scaffolds comprising artificial materials for
maintaining tissue contour
Implantable scaffolds comprising living
tissue for maintaining tissue contour are in Class 5
005 Implantable scaffolds comprising living tissue for
maintaining tissue contour
Implantable scaffolds comprising
artificial materials for maintaining tissue contour are in Class 10
010 Implantable subcutaneous drug delivery devices sold
empty
Implantable subcutaneous drug delivery devices sold filled with
pharmaceutical preparations are classified in Class 5; the identification for
the Class 5 goods must also indicate the disease or condition to be prevented
or treated or health goal to be achieved.
005 Implantable subcutaneous drug delivery devices sold filled
with pharmaceutical preparations for {specify disease or condition to be
prevented or treated or the health goal to be achieved}
Implantable
subcutaneous drug delivery devices sold without pharmaceutical preparations
are classified in Class 10.
044 Implanting subcutaneous microchips into pets for purposes
of tracking and identification
On 08-09-2012, this 08-01-2004 entry
was modified by replacing “Insertion of” with “Implanting” to make it more
precise.
010 Implants comprising natural, non-living materials
Implants comprising living tissue are in Class 5.
005 Implants comprising living tissue
Implants
consisting of artificial materials are in Class 10
010 Implants consisting of artificial materials
These
implants consist of non-living substances. Implants comprising living tissue
are in Class 5.
035 Implementation and follow-up of advice [services of a
contractor] in the fields of marketing
On 5-26-2011, this 7-4-2004
entry was deleted because it is awkwardly worded with the inclusion of the
brackets within the ID.
035 Import agency services in the field of {indicate field,
e.g., clothing, automotive parts, etc.}
The word “agency/agencies” is
required in the import/export IDs, because import and export agencies are
businesses that assist in arranging for the shipping of goods for others, but
do not actually provide transportation services themselves. IDs such as
“import and export services” or “importing and exporting goods of others”
would be indefinite, because the IDs are broad enough to encompass the
transportation of goods in Class 39.
035 Import agency services in the field of specialty
chocolate, pastry and dessert ingredients
The word “agency/agencies”
is required in the import/export IDs, because import and export agencies are
businesses that assist in arranging for the shipping of goods for others, but
do not actually provide transportation services themselves. IDs such as
“import and export services” or “importing and exporting goods of others”
would be indefinite, because the IDs are broad enough to encompass the
transportation of goods in Class 39.
035 Import and export agencies
The word
“agency/agencies” is required in the import/export IDs, because import and
export agencies are businesses that assist in arranging for the shipping of
goods for others, but do not actually provide transportation services
themselves. IDs such as “import and export services” or “importing and
exporting goods of others” would be indefinite, because the IDs are broad
enough to encompass the transportation of goods in Class 39.
035 Import-export agencies in the field of energy
The
word “agency/agencies” is required in the import/export IDs, because import
and export agencies are businesses that assist in arranging for the shipping
of goods for others, but do not actually provide transportation services
themselves. IDs such as “import and export services” or “importing and
exporting goods of others” would be indefinite, because the IDs are broad
enough to encompass the transportation of goods in Class 39.
035 Import-export agencies in the field of {indicate field,
e.g., clothing, automotive parts, etc.}
The word agency/agencies is
required in the import/export IDs, because import and export agencies are
businesses that assist in arranging for the shipping of goods of others, but
do not actually provide transportation services themselves. IDs such as
import and export services or importing and exporting goods of others would be
indefinite, because the IDs are broad enough to encompass the transportation
of goods in Class 39.
035 Import-export agency services
04-02-1991: The
word “agency/agencies” is required in the import/export IDs, because import
and export agencies are businesses that assist in arranging for the shipping
of goods for others, but do not actually provide transportation services
themselves. IDs such as “import and export services” or “importing and
exporting goods of others” would be indefinite, because the IDs are broad
enough to encompass the transportation of goods in Class 39. 01-01-2016: On
01-01-2016, this 04-02-1991 entry was amended from “Export and import
agencies” to “Import-export agency services” in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016.
003 Impregnated cleaning, dusting or polishing cloths
Transferred from Class 21 pursuant to the 9th edition of the Nice Agreement.
These are pre-moistened with a cleaning agent. Cloths that are just moistened
with water or some other inert substance are in Class 16.
003 Impregnated cleaning cloths
Transferred from
Class 21 pursuant to the 9th edition of the Nice Agreement. These are
pre-moistened with a cleaning agent. Cloths that are just moistened with water
or some other inert substance are in Class 16.
003 Impregnated cloths for polishing
Transferred from
Class 21 pursuant to the 9th edition of the Nice Agreement. These are
pre-moistened with a cleaning agent. Cloths that are just moistened with water
or some other inert substance are in Class 16.
003 Impregnated paper tissues for cleaning dishware
Transferred from Class 21 pursuant to the 9th edition of the Nice Agreement.
These are pre-moistened with a cleaning agent. Paper tissues that are just
moistened with water or some other inert substance are in Class 16.
003 Impregnated steel wool for cleaning
Transferred
from Class 21 pursuant to the 9th edition of the Nice Agreement. These goods
are pre-moistened with a cleaning agent. Steel wool that is just moistened
with water or some other inert substance is in Class 16.
016 Impression stamps
Similar to rubber stamps but
the goods may not be made of rubber.
040 Imprinting messages on T-shirts [This is a printing
service; it should not be used to identify the T-shirts themselves, which are
goods in Class 25.]
01-01-2002 - These services were transferred to
Class 40 due to the restructuring of Class 42 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. 09-13-2007 - This
language covers the SERVICE of imprinting designs on the goods of others; it
does not cover the goods themselves with the imprinting on them. 02-11-2016 -
Printing is in the Nice Alphabetical List in Class 40.
040 Imprinting messages on wearing apparel and mugs [This is a
printing service; it should not be used to identify the wearing apparel
itself, e.g., T-shirts, which are goods in Class 25 or mugs themselves, which
are goods in Class 21.]
07-03-2008 - This language covers the SERVICE
of imprinting designs on the goods of others; it does not cover the goods
themselves with the imprinting on them. On 8-22-2013, this 02-07-2007
identification of “Imprinting messages on wearing apparel, accessories and
mugs” was amended to delete the word “accessories” because the term is
indefinite. 10-03-2013 - Entry status changed from “M” modified to “X”
example. 02-11-2016 - Printing is in the Nice Alphabetical List in Class
40.
040 Imprinting of decorative designs on T-shirts [This is a
printing service; it should not be used to identify the T-shirts themselves,
which are goods in Class 25.]
On 4-28-11, this entry was added to
complement the already existing entries by providing for the imprinting of
decorative designs on various products. 10-03-2013 - Entry status changed from
“A” added to “X” example. 02-11-2016 - Printing is in the Nice Alphabetical
List in Class 40.
016 In jet printer ribbons
By definition, ink jet
printers do not have ribbons, so this entry was deleted.
010 Incubators used for in vitro fertilization purposes
On 5-9-2013, the 7-24-2008 entry “incubators for babies before
implantation” was amended to “incubators used for in vitro fertilization
purposes.”
006 Indium
Indium is a metallic element and appears
in the Nice Alphabetical List in Class 6.
028 Indoor bicycle trainers
02-28-2013 - The goods
are classified in Class 28 because they are more than simply holders for
bicycles, they are intended specifically for physical fitness and recreational
purposes.
011 Industrial deep fryers
01-17-2013: Electric and
gas-powered deep fryers and deep fat fryers are classified in Class 11 whether
they are for household or industrial use. Non-electric deep fryers are
classified in Class 21 as cooking utensils.
007 Industrial fluidized bed reactors (FBR)
Fluidized
bed reactors (FBR) are chemical reactors used for reducing fluids into simpler
compounds via a fluidization process.
007 Industrial inkjet printing machines
07-01-11 This
does not refer to desktop style inkjet printers that are used with computers.
Those are in class 9.
004 Industrial oils and fats
Fat is oil in solid or
liquid form found in animal tissue and plants. Industrial oils appears in the
Class 4 Heading, and by analogy, industrial fats are also in Class 4.
040 Industrial toxic waste disposal [treatment]
04-17-2014: The use of the term “disposal” in this ID refers to the
destruction or decontamination of industrial toxic waste.
021 Infant bathtubs
05-02-2013: The term “baby” was
modified to “infant” because the original entry of 04-02-1991 was duplicative
of another entry.
005 Infant cloth diapers
On 1-1-2012, this entry of
4-2-1991 was transferred from Class 25 to Class 5 pursuant to the 10th Edition
of the Nice Agreement.
005 Infant diaper covers [textile]
On 1-1-2012, this
entry of 2-20-1996 was transferred from Class 25 to Class 5 pursuant to the
10th Edition of the Nice Agreement.
025 Infant wear
“Wear” terms such as this one have
been accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
025 Infantwear
“Wear” terms such as this one have
been accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
025 Infinity scarves
“Infinity scarves” are scarves
made of a continuous, closed loop of fabric.
022 Inflatable kits composed primarily of inflatable bags and
also including hoses and valves for lifting, floating and moving a boat lift
upon a body of water
07-04-2013: Status changed from “A” - Added to
“X” - example.
028 Inflatable mattress swimming floats for recreational
use
On 09-01-2016, the 04-02-1991 entry was amended from “Inflatable
mattresses for recreational use” to “Inflatable mattress swimming floats for
recreational use” to make clear the nature of the goods and the justification
for classifying them in Class 28.
041 Information about education
On 8-25-2011, this
7-20-2004 entry was deleted and replaced with a new entry, “Providing
information about education” for clarity
035 Information and expert opinions relating to companies and
business
On 3-31-2011, the 7-20-2004 entry “information and expert
opinions relating to companies and business” was deleted, because the services
are broad enough to encompass financial information and expert opinions
relating to the financial well-being of companies and businesses.
035 Information management services, namely, shipment
processing, preparing shipping documents and invoices, tracking documents,
packages and freight over computer networks, intranets and internets
On 08-09-2012, this 08-01-2003 entry was deleted because these activities are
covered by an existing Manual entry, “Freight management services, namely,
shipment processing, preparing shipping documents and invoices, tracking
documents, packages and freight over computer networks, intranets and the
internet for business purposes” in Class 35.
041 Information on education
On 8-25-2011, this
7-20-2004 entry was deleted and replaced with a new entry, “Providing
information about education” for clarity. 09-26-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Information or enquiries on business and marketing
On 5-26-2011, this 7-20-2004 entry was deleted because of the use of the
word “or” and because it is awkwardly worded.
041 Information relating to entertainment and education
provided on-line from a computer database or the internet
On
8-25-2011, this 11-29-2007 entry was deleted because it is awkwardly worded.
09-26-2013: Acceptable entry status changed from “D” deleted to “X” example.
Comma removed from after “education.”
000 Information services, namely, providing a web site
featuring audio, video, photographic and prose presentations featuring
{indicate subject matter of website} [subject matter of website determines
classification]
Note the distinction between this and the
entertainment service corollary in Class 41. On 01-01-2014, this 05-20-2010
entry was deleted. Pursuant to the Nice Classification, Tenth edition, version
2014, effective 1-1-14, Services involving “providing on-line videos, not
downloadable” are classified in Class 41, regardless of the subject matter of
the videos.
035 Information services, namely, providing a web site
featuring audio, video, photographic and prose presentations featuring
government and diplomatic relations and free trade
On 01-01-2014,
this 05-20-2010 entry was deleted pursuant to the Nice Classification, Tenth
edition, version 2014, effective 1-1-14, services involving “providing on-line
videos, not downloadable” are classified in Class 41, regardless of the
subject matter of the videos.
042 Information technology [IT] consulting services
On 12-6-12, this 08-01-2005 entry was modified by inserting the bracketed
wording and changing “consultation” to “consulting services” to align the
Manual entry with the Nice Alphabetical List entry. “Information technology
consultation” is still acceptable.
035 Information, advisory, consulting, business research and
planning services relating to publicity, marketing communications, reputation
management or business administration, including such services provided online
or via the internet
On 5-26-2011, this 10-28-2010 entry was deleted
because it is too wordy and too specific to be helpful to a broad range of
customers.
035 Information, advisory and consultancy services relating to
business and management or business administration, including such services
provided on line or via the internet
09-26-2013: Entry status changed
from “A” added to “X” example.
009 Infrared thermometers, not for medical purposes
On 05-22-2014, the 06-12-2008 entry “Infra-red thermometers” was amended to
add “not for medical purposes” to clarify the nature of the goods. Infrared
thermometers, not for medical purposes are classified in Class 9. Infrared
thermometers for medical purposes are classified in Class 10.
003 Inhaler sold filled with essential oils for use in
aromatherapy
The original 12-06-07 identification, “Aromatherapy
inhaler sold filled with aromatherapy essential oils” was amended to “Inhaler
sold filled with essential oils for use in aromatherapy;” “Essential oils” are
in the Nice Classification List in Class 3; therefore, the identified goods
are in Class 3 even though they are for aromatherapy purposes.
003 Inhalers sold filled with essential oils, not for medical
or therapeutic use
These inhalers are in Class 3 because they are
sold filled with “essential oils” which appear in the Nice Alphabetical List
in Class 3.
010 Injection device for pharmaceuticals
These goods
are sold without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are in Class 5.
010 Injection instruments with needles
These goods
are sold without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are in Class 5.
010 Injection instruments without needles
These goods
are sold without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are in Class 5.
010 Injection needles
These goods are sold without
pharmaceuticals in them. If they are sold filled with pharmaceuticals, the
pharmaceutical must be properly identified and the goods are in Class 5.
010 Injection needles for {indicate use, e.g., spinal
injections, epidural treatments, etc.}
Injection needles are sold
without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are classified in Class 5.
010 Injection needles for medical use
These goods are
sold without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are in Class 5.
010 Injection syringes [syringe barrels]
These goods
are sold without pharmaceuticals in them. If they are sold filled with
pharmaceuticals, the pharmaceutical must be properly identified and the goods
are in Class 5.
009 Ink jet document printers
On 01-01-2016, this
07-20-2004 entry was modified to add “document” in order to clarify the nature
of the goods and the justification for classifying the goods in Class 9.
Printing machines, such as 3D printers, are classified in Class 7.
016 Inkstands
Inkstands are small stands typically
found on desks for holding ink, pens, and related office requisites.
009 Ink-jet color printers for documents
On
01-01-2016, this 06-01-2001 entry was modified to add “for documents” in order
to clarify the nature of the goods and the justification for classifying the
goods in Class 9. Printing machines, such as 3D printers, are classified in
Class 7.
001 Inorganic acids
Inorganic acids, also known as
mineral acids, are acids derived from one or more inorganic compounds. Nitric
acid and hydrochloric acid are examples of commonly used inorganic acids.
044 Insect farming services
Insect farming services
comprise the practice of raising insects for others. The insects raised may be
used by the consumer to fight invasive species, to create industrial products,
or to grow sustainable foods for humans or animals. To be a service, an
activity must be primarily for the benefit of someone other than the
applicant. TMEP 1301.01(a)(ii). Therefore, operating a wheat farm, for
example, for the purpose of growing, harvesting, and selling wheat for further
manufacture, is not considered a wheat farming service under the Trademark Act
because, although the manufacturers derive an incidental benefit, the farming
activities primarily benefit the farmer. Farming activities must be rendered
for others to be a registrable service.
021 Insect habitats
This entry was transferred from
Class 16 to Class 21 pursuant to the 9th edition of Nice Agreement.
024 Insect protection nets for household purposes
07-05-12 These goods are comprised of tightly woven mesh fabric. They are
comparable to mosquito nets, which are typically hung around a bed to keep the
mosquitos out, but they also serve other household purposes, e.g., for
covering house plants, for covering animal litter at home, etc.
022 Insect protection nets
On 06-07-2012, the
07-20-2004 entry was deleted because it is ambiguous, and it is being replaced
by “Insect protection nets for household purposes” in Class 24.
022 Insect protection nets for commercial purposes
These goods are typically used in the agricultural industry as an alternative
to pesticides.
021 Insect vivaria
This entry was transferred from
Class 16 to Class 21 pursuant to the 9th edition of Nice Agreement.
024 Insecticide-treated mosquito nets
07-05-12 These
goods are comprised of tightly woven mesh fabric, and they are typically hung
around beds to keep the mosquitos out.
042 Inserting software protection programs and security
programs onto magnetic media
Entry from 4/2/91 transferred from Class
40 - this is a programming activity, not material treatment
005 Inserts specially adapted for cloth infant diapers made of
bamboo
On 1-1-2012 the entry of 8-5-2010 “inserts specially adapted
for cloth diapers made of made of bamboo” was amended to “inserts specially
adapted for cloth infant diapers made of bamboo” and transferred from Class 25
to Class 5 because “infant cloth diapers” were transferred to Class 5 under
10th Edition of the Nice Agreement.
005 Inserts specially adapted for cloth infant diapers made of
hemp
On 1-1-2012 the entry of 8-5-2010 “Inserts specially adapted for
cloth diapers made of hemp” was amended to “inserts specially adapted for
cloth infant diapers made of hemp” and transferred from Class 25 to Class 5
because “infant cloth diapers” were transferred to Class 5 under the 10th
Edition of the Nice Agreement.
005 Inserts specially adapted for cloth infant diapers made of
microfiber
On 1-1-2012 the entry of 8-5-2010 “inserts specially
adapted for cloth diapers made of microfiber” was amended to “inserts
specially adapted for cloth infant diapers made of microfiber” and transferred
from Class 25 to Class 5 because “infant cloth diapers” were transferred to
Class 5 under the 10th Edition of the Nice Agreement.
042 Inspecting food establishments to determine whether foods
conform to kosher quality certification standards
On 10-01-2015, this
04-01-2006 entry was modified by deleting “for the purpose of certifying the
kosher quality thereof” and inserting “to determine whether foods conform to
kosher quality certification standards” to clarify the nature of the services.
Although this inspection service may be rendered by a certifying body,
“certification,” or the validation or approval of goods/services of others, is
not a service under the Nice Classification. Also, this description should not
be used in connection with certification marks, which are used by third
parties to indicate that their goods/services are “certified” or approved by
the certifying body. See TMEP §1306.06 et seq.
042 Inspecting foods to determine whether the goods conform to
kosher quality certification standards
On 10-01-2015, this 07-01-2004
entry was modified by deleting “for the purpose of certifying the kosher
quality thereof” and inserting “to determine whether the goods conform to
kosher quality certification standards” to clarify the nature of the services.
Although this inspection service may be rendered by a certifying body,
“certification,” or the validation or approval of goods/services of others, is
not a service under the Nice Classification. Also, this description should not
be used in connection with certification marks, which are used by third
parties to indicate that their goods/services are “certified” or approved by
the certifying body. See TMEP §1306.06 et seq.
042 Inspection, quantity and quality control, supervision and
verification of the quality and quantity of raw materials, commodities,
manufactured, semi-manufactured and transformed goods or goods of any other
nature and their conformity with national and international norms, laws,
rules, practice and standards and with clients' contractual requirements
On 11-27-2014, this 04-03-08 entry was deleted because it is broad enough
to encompass regulatory compliance services in Class 45. Descriptions for
inspection, quality control and regulatory compliance services are covered by
other entries in the Manual.
042 Inspections of {indicate specific field, e.g., house,
equipment, automotive}
Concerning home or house inspections in Class
42, this activity usually takes place when purchasing or renting a home. It is
not part of a construction project so it is not classified in Class 37. Also,
inspection for safety purposes is in Class 45. On 04-03-2014, this 04-02-1991
entry was deleted because it is awkwardly worded and is broad enough to
encompass inspections in other classes such as baggage inspections for
security purposes in Class 45.
037 Installation and maintenance of {indicate specific item,
e.g., automobiles, furniture, watches}
Note that installation and
maintenance of software is in Class 42, not class 37 as the installation and
maintenance of other items of hard goods as indicated in this bracketed
portion of the ID.
037 Installation of {indicate specific area or item, e.g.
electrical systems, appliances, windows}
Note that installation and
maintenance of software is in Class 42, not class 37 as the installation and
maintenance of other items of hard goods as indicated in this bracketed
portion of the ID.
037 Installation of computer systems [hardware and additional
components]
On 05-30-2013, this 07-01-1994 entry was modified to
provide clarification that computer systems are comprised of computer(s)
[hardware] along with operating software and peripherals (e.g., cables) to
enable the computer to function. Note however, that installation of software
or computer operating systems independent of any hardware or peripherals are
Class 42 services.
037 Installation of computer networking hardware
3-18-10 - “Networks” in the 7-1-94 entry changed to read “networking hardware”
since software is a significant part of a network and the installation of
software would be in Class 42. Only installation of computers and other
hardware in a network is in Class 37.
037 Installation of environmentally compliant {specify type,
e.g., heating, air conditioning, etc.} equipment
03/17/2011
Environmental services lead-in from 02/17/2011 entry removed to avoid
confusion.
037 Installation, maintenance and repair of computer
servers
Installation, maintenance and repair of computer hardware is
classified in Class 37. A computer server is a type of computer hardware.
037 Installation, maintenance and repair of computer
printers
Installation, maintenance and repair of computer hardware is
classified in Class 37. A computer printer is a type of computer hardware.
037 Installation, maintenance and repair of {indicate specific
item, e.g. automobiles, furniture, watches}
Note that installation
and maintenance of software is in Class 42, not class 37 as the installation
and maintenance of other items of hard goods as indicated in this bracketed
portion of the ID.
037 Installation, maintenance and repair of Ethernet and
wireless networking hardware
11-5-09 - “Networks” in the 9-6-07 entry
changed to read “networking hardware” since software is a significant part of
a network and the installation, maintenance and repair of software would be in
Class 42. Only installation, maintenance and repair of computers and other
hardware in a network is in Class 37.
037 Installation, repair and replacement of {indicate specific
item, e.g., glass, locks, windshields, etc.}
Note that installation
and maintenance of computer software is in Class 42 and not in Class 37.
Class 37 covers the installation and maintenance of other items of hard goods
such as computer hardware and the ones indicated in the bracketed portion of
this ID.
035 Institutional retail pharmacy services
On
11-3-2011, this 5-31-2007 entry was deleted because, although acceptable, it
is covered by the existing entry for “Retail pharmacy services.” On
08-01-2013, the status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
016 Instruction sheets in the field of {indicate subject
matter}
10-14-10 - The requirement to indicate the subject matter of
the instruction sheets was added to the 4-2-91 entry. It is needed for 2(d)
consideration and to be consistent with IDs for other printed materials that
require subject matter indications.
010 Instrument and apparatus systems for medical diagnostic
uses consisting of flow cytometers, hematology analyzers, sample preparation
device, and related data management software sold as a unit
01-16-2014: Entry status changed from “A” added to “X” example.
010 Insufflators for medical purposes
Insufflators
are medical instruments for blowing air, powder, or vapor into any cavity of
the body.
021 Insulated carriers for food and beverages comprised of
{indicate, e.g., textiles, nylon, etc.}
Insulated carriers for food
and beverages is acceptable wording; further specification is also acceptable,
but it is not required.
009 Insulated copper wire
Insulated copper wire is
used for conducting electricity. Accordingly, it is classified in Class 9 in
the Nice Alphabetical List.
009 Insulating clothing for protection against accident or
injury
On 08-17-11 this 02-26-09 entry was deleted because it was
virtually identical to the entry that reads “Insulated clothing for protection
against accident or injury.”
017 Insulating paints
9-29-2011 This entry of
2-1-2002 was amended from “insulating paint” to the Trilateral approved
identification “insulating paints.”
021 Insulating sleeve holders made of {specify material
composition, e.g., neoprene, foam, etc.} for jars, bottles or cans
Insulating sleeve holders for jars, bottles or cans is acceptable wording in
Class 21; further specifying material composition of the goods is acceptable,
but it is not required.
017 Insulating tiles
Insulating tiles are classified
in Class 17, because of their function.
017 Insulating water proofing tiles
Insulating tiles
are classified in Class 17, because of their function.
035 Insurance claims auditing services
These services
are classified in Class 35 because they involve accounting and other
business-type activities in Class 35. Effective Jan. 1, 2013, auditing
services are classified in Class 35 when they involve accounting and other
business-type activities, and auditing services are classified in Class 42
when they involve technical analysis and evaluation. The subject matter being
audited does not determine classification.
036 Insurance claims processing in the field of {indicate
field or type of insurance claim, e.g., automobile, pharmaceutical, ambulatory
transportation, etc.} claims
Insurance claims processing is an
acceptable entry; further specifying the insurance field is permissible, but
not required.
036 Insurance services, namely, underwriting, issuance and
administration of {specify field, e.g., life, health, accident, fire}
insurance
On 02-04-2016, the 10-14-2010 entry “Insurance services,
namely, underwriting, issuance and administration of {specify field, e.g.,
life, health, accident, fire}” was amended to add “insurance” after the
fill-in portion of the identification.
009 Integrated circuit chips for {indicate use} as a component
of video games software
1-1-2012 - Under the 10th Edition, all game
apparatus, are in Class 28 because “games and playthings” are in the Class 28
Heading. This entry of 6-1-2001 has been deleted because the exact nature of
these goods is unclear for purposes of classification under the 10th
Edition.
009 Integrated circuit module
09-26-2013: Status of
entry changed from “A”-Added to “X”-Example.
044 Integrated dance and musical therapy for {indicate group
or individual, e.g., children, veterans, caregivers, etc.}
Integrated
dance and music therapy is acceptable wording in Class 44; further
specification as to the particular group or individuals receiving the therapy
is acceptable, but it is not required.
044 Integrated dance, movement and music therapy for {indicate
group or individual, e.g., children, veterans, caregivers, etc.}
Integrated dance, movement and music therapy is acceptable wording in Class
44; further specification as to the particular group or individual receiving
the therapy is acceptable, but it is not required.
044 Integrated outpatient health care services
This
service refers to providing an integrated network or co-location of clinical
programs and health care services.
035 Integrated tracking and management of commercial
transactions on a global computer network
On 08-09-2012, this
09-04-2001 entry was deleted because the nature of the services is unclear,
and the services may be primarily in the nature of computer technology
services in Class 42.
045 Intellectual property consultation
Transferred
from Class 42 pursuant to 9th edition of Nice Agreement
044 Interactive medical monitoring and alert service for
reminding clients of medicinal dosage, allergic sensitivity, and prescription
refills for medical treatment purposes
On 08-09-2012, the 11-1-2004
entry was modified by deleting “medical information, namely” as superfluous
and inserting “for medical treatment purposes” to make clear the nature of the
services and the justification for classifying them in Class 44.
009 Interactive music manuscript in multimedia video game
format distributed as downloadable or digital media
1-1-2012 - Under
the 10th Edition, all game apparatus, are in Class 28 because “Games and
playthings” are in the Class 28 Heading. This entry of 4-29-2010 has been
deleted because the exact nature of these goods is unclear for purposes of
classification under the 10th Edition.
035 Interactive record-keeping services for use in risk
management and regulatory compliance by insurers and professionals in the
medical field
11-17-2011: While this wording is still acceptable, the
specifically worded 06-01-2004 entry is being deleted and replaced with
“Financial record-keeping for {indicate purpose, e.g., insurance risk
management, regulatory compliance purposes, etc.}” in Class 35 to serve a more
broad range of users. On 08-01-2013, the status of this entry was changed
from “D”-Deleted to “X”-Example.
009 Interactive video game program, namely, a video craps
game
1-1-2012 - Under the 10th Edition, all game apparatus, are in
Class 28 because “games and playthings” are in the Class 28 Heading. This
entry of 8-24-2006 has been deleted because the proper classification for
these goods is unclear under the 10th Edition.
009 Interactive video games of virtual reality comprised of
computer hardware for use with an external monitor and software
9-3-09 - Wording “for use with an external monitor” inserted in the 1-2-97
entry after “hardware” to make this entry consistent with other game hardware
entries that distinguish between game hardware used with an external monitor
in 9 and game hardware incorporating its own display in 28. 1-1-2012 - Under
the 10th Edition, all game apparatus, are in Class 28 because “games and
playthings” are in the Class 28 Heading. This entry of 9-3-2009 has been
deleted because the exact nature of these goods is unclear for purposes of
classification under the 10th Edition.
021 Interdental brushes for cleaning the teeth
On
06-25-2015, this 10-17-2015 entry, which was incorrectly classified in Class
10, was amended to reclassify the goods in Class 21, correcting the
inadvertent misclassification.
042 Interior design services in the nature of aroma consulting
services in the selection and use of aromas for hotels, casinos, resorts,
conference facilities, retail stores, sports and fitness centers, spas, health
care facilities, residential buildings and private residences
On
06-27-2013, the status of this entry was changed from “A” to “X” to indicate
that it is an example of acceptable wording under current USPTO policy.
019 Interior non-metal window shutters
Transferred
from Class 20 to be consistent with Nice Agreement and other “shutter” entries
in the US Manual.
002 Interior paints
On 08-27-2015, the 04-02-1991
entry, “Interior paint” was amended to “Interior paints” to match the TM5
approved entry.
028 Interlocking construction toys
Construction toys
is acceptable wording; further specification is acceptable, but it is not
required.
027 Interlocking floor runners for {specify purpose or use,
e.g., providing temporary protection of floor surfaces during construction,
etc.}
Interlocking floor runners is an acceptable identification;
further specification of the purpose or use is permissible, but not
required.
012 Internal combustion engines for land vehicles
Complete motors and engines for land vehicles are in Class 12, however, parts
of all motors and engines such as camshafts, cylinders, cylinder, pistons and
other parts essential to their working such as alternators, belts and
carburetors are in Class 7.
007 Internal combustion engine parts, namely, {specify
particular parts, e.g., coils, manifolds, particulate filters, etc.}
02-05-2015: Although engine parts are generally in Class 7, hoses for engines
are in Class 17 because “flexible tubes, not of metal” appears in the
Alphabetical List in Class 17.
007 Internal combustion engines for power generation, other
than for land vehicles
12-4-08 - “other than for land vehicles” added
to ID.
035 International business consulting services relating to
merchandise trading, human resource interchange, management support,
marketing, advertising, promotion, and domestic and international market
research and development
On 05-26-2011, this 05-07-2010 entry was
deleted because it is too specific to be helpful to a broad range of
customers. It was replaced with a fill-in-the-blank entry. On 08-01-2013,
the status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
038 Internet access provider services
These services
are those of ISPs (Internet service providers) and encompass only those
services relating to telecommunication connectivity to the Internet. This
language does not cover services of Internet content providers
045 Internet based social networking, introduction, and dating
services
09-05-2013: Entry status changed from “A” added to “X”
example.
045 Internet-based dating, social introduction and social
networking services
09-05-2013: Entry status changed from “A” added
to “X” example.
044 Internet-based medical diagnosis pertaining to allergy and
asthma, namely, information regarding treatment of allergy and asthma diseases
and conditions and possible treatments and likely outcomes
09-05-2013: Entry status changed from “A” added to “X” example.
042 Internet-based service for the secure electronic storage
of multi-lingual documents featuring an ability to track and report all user
interactions with the service
On 01-01-2014, this 07-23-2009 entry
“Internet-based service for the secure storage of multi-lingual documents
featuring an ability to track and report all user interactions with the
service” was amended to “Internet-based service for the secure electronic
storage of multi-lingual documents featuring an ability to track and report
all user interactions with the service” and was transferred from Class 39 to
Class 42, pursuant to the addition of “Electronic data storage” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
007 Intertillage machines
These goods are
tractor-towed machines used to till the earth and prepare the soil for
agricultural planting.
010 Intraocular implants for changing eye color [made of
artificial materials]
Note added on 3-21-2013 - An intraocular
implant for changing eye color is a plastic lens placed in the chamber of the
eye to change the appearance of the iris for both medical and cosmetic
reasons. On 01-01-2015, this 02-11-2010 entry was deleted in compliance with
the Nice Classification, Tenth edition, version 2015, effective 01-01-2015,
which requires that the material composition of the implants be specified for
proper classification. Additionally, these goods are more commonly known as
intraocular lenses or prosthesis, which are covered by other entries in the
Manual.
045 Investigation or surveillance on background profiles
The investigations in this class are investigations being done for the
safety of persons or entities. Hence, a pre-employment background
investigation is in class 45 because such investigations are done to ensure
the safety of current employees 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
purpose than ensuring safety i.e. a business investigation, looking at the
processes of business (class 35) or a financial investigation that determines
the financial soundness of a company (class 36), or a scientific investigation
(class 42). On 8-9-2012, this 07-20-2004 entry was deleted because the
activities are partially covered by the existing entry “Personal background
investigations” in Class 45 and because the word “surveillance” is ambiguous
in this context.
045 Investigation services related to insurance claims
This entry was transferred from Class 42 to Class 45 due to the
restructuring of 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 of persons or entities. Hence, a pre-employment background
investigation is in class 45 because such investigations are done to ensure
the safety of current employees 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
purpose than ensuring safety i.e. a business investigation, looking at the
processes of business (class 35) or a financial investigation that determines
the financial soundness of a company (class 36), or a scientific investigation
(class 42).
036 Investment advice in the fields of {specify, e.g.,
municipal bonds, securities, retirement, private and public equity, etc.}
Investment advice is acceptable wording; further specification is
acceptable, but it is not required.
036 Investment consultation in the fields of {specify, e.g.,
municipal bonds, securities, retirement, private and public equity, etc.}
Investment consultation is acceptable wording; further specification is
acceptable, but it is not required.
036 Investment management in the fields of {specify, e.g.,
municipal bonds, securities, retirement, private and public equity, etc.}
Investment management is acceptable wording; further specification is
acceptable, but it is not required.
036 Investment of funds for others in the fields of {specify,
e.g., municipal bonds, securities, private and public equity, etc.}
Investment of funds for others is acceptable wording; further specification is
acceptable, but it is not required.
045 In-home support services to senior persons, namely,
geriatric care management services in the nature of the coordination of
necessary services and personal care for older individuals
09-05-2013: Entry status changed from “A” added to “X” example. This entry
encompasses the coordination of geriatric care and does not include direct
care-giving or in-home personal services. Providing non-medical in-home
personal services for individuals is also in Class 45, and the nature of the
personal services should be specified.
009 Ionization apparatus not for the treatment of air or
water
On 04-03-2014, this 05-09-2013 entry was deleted because it is
too broad. Ionization apparatus for scientific or laboratory use was added to
the Manual in Class 9.
001 Ion-exchange resin membranes [chemical preparation]
06-13-2013. Ion-exchange resin membranes are in the nature of chemical
preparations, commonly used for water purification, water softening, and
manufacture of food and pharmaceutical products.
001 Ion-exchange resins [chemical preparation]
06-13-2013. Ion-exchange resins are in the nature of chemical preparations,
commonly used for water purification, water softening, and manufacture of food
and pharmaceutical products. These goods are finished products and are not in
the nature of unprocessed resins used for further manufacture into another
semi-finished or finished resin product. Thus, unlike an identification for
“synthetic resins” which must include an indication that the goods are
“unprocessed” for classification in Class 1, it is not necessary to indicate
that the goods in this entry are “unprocessed.”
045 Iris and retina scanning for identifying lost and stolen
pets
These services are in Class 45 because they are comparable to
security services for protecting property or individuals, see the Class 45
Heading.
009 Iron pressing machines
1-1-2012 This entry of
6-1-2001 concerning a Class 9 electric or electrothermic apparatus was
deleted, because absent the “electrical” nature of these goods, this
identification is indefinite for purposes of reclassifying these goods under
the 10th Edition of the Nice Agreement. Under the 10th Edition, electric irons
are in Class 8 and fabric steamers are in Class 11.
029 Isinglass for food
Isinglass is a substance from
fish bladders that is mostly used in making beer.
036 Issue of traveller's cheques
11-10-2011: While
this wording is still acceptable, the 07-20-2004 entry is being deleted from
the Manual because it is already covered by the existing entries “Issuing of
travellers' checks” and “Issuing of travelers' cheques” in Class 36.
036 Issuing of travelers checks
11-10-2011: While
this wording is still acceptable, the 02-25-2010 entry is being deleted from
the Manual because it is already covered by the existing entries “Issuing of
travellers' checks” and “Issuing of travelers' cheques” in Class 36.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
036 Issuing of travellers' cheques and letters of credit
11-10-2011: While this wording is still acceptable, the 11-22-2007 entry
is being deleted from the Manual because it is covered by the existing entries
“Issuing of travellers' checks” and “Issuing of letters of credit” in Class
36.
036 Issuing prepaid telecommunications calling cards
On 01-01-2016, this 09-01-2005 entry was modified from “Prepaid
telecommunications calling card services” to “Issuing prepaid
telecommunications calling cards” in order to clarify the nature of the
activity in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, credit card services, debit
card services, or other payment card services are indefinite and overly broad
because the nature of the activity provided is unclear.
036 Issuing prepaid telephone calling cards
On
01-01-2016, this 07-01-1994 entry was modified from “Telephone calling card
services” to “Issuing prepaid telephone calling cards” in order to clarify the
nature of the activity in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit card
services, debit card services, or other payment card services are indefinite
and overly broad because the nature of the activity provided is unclear.
036 Issuing traveler's checks by travel agencies
11-10-2011: While this wording is still acceptable, the 01-07-2010 entry is
being deleted from the Manual because it is already covered by the existing
entries “Issuing of travellers' checks” and “Issuing of travelers' cheques” in
Class 36.
014 Items made of precious metal, namely {specify item made of
precious metal} [NOTE: flatware and cutlery of precious metal are in IC 008,
not IC 014]
This item was deleted because pursuant to the 9th Edition
of the Nice Agreement, items are not classified in class 14 merely because
they are made of precious metal. They are now classified according to their
function
020 Ivory
09-01-2011: Deleted the 04-02-1991 entry
because it is covered by the existing Manual entry “Ivory [unworked or partly
worked material]” in Class 20.
020 Ivory, unworked or semi-worked
On 10-10-2013,
this 07-20-2004 entry was modified by deleting “[unworked or partly worked
material]” and inserting “unworked or semi-worked” to conform to the Nice
Alphabetical List entry and to distinguish it from ivory jewelry in Class
14.
025 Jackets for {specify wearer, e.g., babies, adults,
children, women, men, etc. NOTE: Animal clothing is classified in Class
18.}
Jackets [clothing] is acceptable wording; further specification
is acceptable, but is not required.
025 Jackets incorporating backpacks
Jackets
incorporating backpacks function primarily as clothing but also include
built-in bags or large pockets on the back for carrying books or personal
items, for example.
025 Jackets made in whole or in substantial part of {specify,
e.g., silk, wool, cashmere, cotton, etc.}
Identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
005 Jalap
Jalap is a medicinal herb used as a
laxative and diuretic.
025 Jandals
05-14-2015: A jandal is a type of sandal
with a strip of material between the big toe and the other toes and over the
foot.
020 Japanese food wrapping sheets of wood (Kyogi)
Amended the entry on 03-22-2012 by inserting the Japanese wording consistent
with the current practice in the Manual.
021 Japanese rice bowls of precious metal (chawan)
This entry was transferred from Class 14 to Class 21 pursuant to the 9th
edition of the Nice Agreement.
021 Japanese style cooked rice scoops (shamoji)
03-05-2015 - Japanese style cooked rice scoops are classified in Class 21 as
household or kitchen utensils. Serving scoops are different from hand-operated
scooping tools in Class 8, which are generally used to transfer unspecified
amounts of bulk materials, such as sugar or rice, from a bag to a container,
for example. For classification purposes, the key distinction for scoops in
Class 8 and scoops in Class 21 is whether the scoops are for transferring
unspecified amounts of materials or foods, or for serving or portioning
foods.
021 Japanese style tea-serving pots of precious metal
(kyusu)
This entry was transferred from Class 14 to Class 21 pursuant
to the 9th edition of the Nice Agreement.
028 Javelins
On 04-02-2015, the 07-20-2004 entry,
“Javellins” was amended to “Javelins” to match the TM5 approved entry.
Javelins are long, pointed sticks that are thrown in a sports competition.
030 Jawbreakers
Jawbreakers are a type of hard
candy.
025 Jeggings, namely, pants that are partially jeans and
partially leggings
09-24-2015: Entry status changed from “A”-Added to
“X”-Example.
030 Jelly confections infused with alcohol
“Alcoholic
cocktails in the form of chilled gelatins” and “Alcoholic cocktails in the
form of non-chilled gelatins” are classified in Class 33.
025 Jerkins
05-14-2015: A jerkin is a close fitting
hip-length usually sleeveless jacket.
014 Jewellery cases [caskets or boxes]
On 01-01-2016,
this 01-01-2015 entry was deleted to align the Manual entries with changes
under the Nice Classification, Tenth edition, version 2016. Under Nice
10-2016, “jewellery cases [caskets or boxes] / jewelry cases [caskets or
boxes]” was modified to “jewellery boxes / jewelry boxes.” The Manual includes
entries for “Jewelry caskets,” “Jewelry boxes,” and “Jewelry cases.”
014 Jewellery foot chains
On 04-14-2016, this
04-07-2016 entry was reclassified from Class 12 to Class 14. The entry was
incorrectly classified in Class 12.
020 Jewellery organizer displays
Under NCL 10-2015,
“jewellery organizer displays” has been added to Class 20 of the Nice
Alphabetical List. Thus, “jewellery organizer displays” is an acceptable
identification; further specification of the display type is acceptable, but
it is not required.
014 Jewellery rolls
On 01-01-2015, this entry was
added in compliance with Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. “Jewellery rolls” are classified in Class 14 because
they are flexible cases specially adapted for holding jewelry, and thus, the
intended use does not affect classification.
014 Jewelry boxes not of metal
This entry was
transferred from Class 20 to Class 14 pursuant to the 9th edition of the Nice
Agreement.
014 Jewelry boxes of metal
This entry was transferred
from Class 6 to Class 14 pursuant to the 9th edition of the Nice
Agreement.
014 Jewelry cases [caskets or boxes]
On 01-01-2016,
this 01-01-2015 entry was deleted to align the Manual entries with changes
under the Nice Classification, Tenth edition, version 2016. Under Nice
10-2016, “jewellery cases [caskets or boxes] / jewelry cases [caskets or
boxes]” was modified to “jewellery boxes / jewelry boxes.” The Manual includes
entries for “Jewelry caskets,” “Jewelry boxes,” and “Jewelry cases.”
014 Jewelry cases not of precious metal
This entry
was transferred from Class 20 to Class 14 pursuant to the 9th edition of the
Nice Agreement.
014 Jewelry caskets
01-01-2016: Status of entry
changed from “A”-Added to “X”-Example.
014 Jewelry caskets of precious metal
01-01-2016:
Status of entry changed from “A”-Added to “X”-Example.
014 Jewelry findings, namely, {indicate specific type of
jewelry findings, e.g., jump rings, toggles, clasps, etc.}
“Jewelry
findings” is acceptable wording; further specification is acceptable, but is
not required.
014 Jewelry guard chains
Also known as “jewelry
safety chains,” jewelry guard chains are short, thin chains connected to both
ends of a bracelet, necklace or neck chain to prevent its loss should the
catch or clasp open or become defective.
014 Jewelry made in whole or significant part of {specify,
e.g., gold, silver, platinum, diamonds, etc.}
Jewelry is an
acceptable identification of goods in Class 14. However, identification of
material composition may be required during examination of marks that feature
such terminology. See TMEP §1203.02(f)(i) for further information.
014 Jewelry organizer cases
On 10-25-2012, this
10-04-07 entry: “Jewelry organizers” was amended to “Jewelry organizer cases.”
The wording “jewelry organizer” by itself does not identify the form of the
organizer, and could refer to jewelry organizer displays, e.g., jewelry
display stands or trees in Class 20. The addition of the term, ”cases,”
comparable to the Nice Alphabetical list entry ”jewelry cases” in Class 14,
makes explicit the rationale for classification in Class 14. 01-01-2015 Note
that “jewelry rolls” was added to Class 14, and “jewelry organizer displays”
was added to Class 20 of the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
020 Jewelry organizer displays
Under NCL 10-2015,
“jewelry organizer displays” has been added to Class 20 of the Nice
Alphabetical List. Thus, “jewelry organizer displays” is an acceptable
identification; further specification of the display type is acceptable, but
it is not required.
020 Jewelry organizer displays in the nature of {specify Class
20 goods, e.g., display stands, display boards, trees, etc.} for displaying
and organizing jewelry
The wording jewelry organizer by itself is
indefinite because the specific form of the organizer is not indicated. With
the addition of the term, displays, these organizational display goods are
comparable to the entries in Class 20 of the Nice Alphabetical List display
stands and display boards, and functionally different from the specially
fitted jewelry boxes found in Class 14. 01-01-2015. Pursuant to the addition
of “jewelry organizer displays” in Class 20 of the Nice Classification, Tenth
edition, version 2015, effective 01-01-2015, “jewelry organizer displays” is
an acceptable identification; further specification of the display type is
acceptable, but it is not required.
014 Jewelry organizer rolls for travel
On 10-25-2012,
this 10-04-07 entry: “Jewelry organizers for travel” was amended to “Jewelry
organizer rolls for travel” to make explicit the rationale for classification
in Class 18. The wording “jewelry organizer” by itself does not identify the
form of the organizer, and could refer to jewelry organizer displays in Class
20 or jewelry cases in Class 14. Jewelry rolls are pouches or bags specially
adapted for holding jewelry, and comparable to “garment bags” or “shoe bags,”
should indicate purpose, e.g., “for travel” in Class 18 or “for storage” in
Class 22. On 01-01-2015, this 10-25-2012 entry for “jewelry organizer rolls
for travel” was transferred from Class 18 to Class 14 pursuant to the addition
of “jewelry rolls” in Class 14 of the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. Jewelry rolls are classified in Class 14
because they are flexible cases specially adapted for holding jewelry;
therefore, the intended use does not affect classification. “Jewelry rolls” is
an acceptable identification; further specification of purpose is acceptable,
but it is not required.
014 Jewelry plated with {specify, e.g., gold, silver,
etc.}
Jewelry is acceptable wording. However, specification of the
material composition of jewelry may be required during examination of marks
that refer to material composition. See TMEP §1203.02(f)(i) for further
information.
018 Jewelry pouches
On 07-02-2015, this 08-12-2010
entry of “Jewelry pouches” was deleted because it is considered indefinite.
“Fitted jewelry pouches” was added to Class 14.
014 Jewelry rolls
On 01-01-2015, this entry was added
in compliance with Nice Classification, Tenth edition, version 2015, effective
01-01-2015. “Jewelry rolls” are classified in Class 14 because they are
flexible cases specially adapted for holding jewelry, and thus, the intended
use does not affect classification.
014 Jewelry rolls for storage
On 10-25-2012, this
note was added to explain that jewelry rolls are pouches or bags specially
adapted for holding jewelry, and comparable to “garment bags“ or “shoe bags,“
should specify the purpose, e.g., “for storage,“ to justify classification in
Class 22. On 01-01-2015, this 03-04-2010 entry was transferred from Class 22
to Class 14 pursuant to the addition of “jewelry rolls” in Class 14 of the
Nice Classification, Tenth edition, version 2015, effective 01-01-2015.
Jewelry rolls are classified in Class 14 because they are flexible cases
specially adapted for holding jewelry, and thus, the intended use does not
affect classification. “Jewelry rolls” is an acceptable identification;
further specification of purpose is acceptable, but it is not required.
014 Jewelry rolls for travel
On 10-25-2012, this note
was added to explain that jewelry rolls are pouches or bags specially adapted
for holding jewelry, and comparable to ’garment bags’ or ’shoe bags,’ should
specify the purpose, e.g., ’for travel,’ to justify classification in Class
18. On 01-01-2015, this 02-18-2010 entry was transferred from Class 18 to
Class 14 pursuant to the addition of “jewelry rolls” in Class 14 of the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Jewelry
rolls are classified in Class 14 because they are flexible cases specially
adapted for holding jewelry; therefore, the intended use does not affect
classification. “Jewelry rolls” is an acceptable identification; further
specification of purpose is acceptable, but it is not required.
014 Jewelry safety chains
Also known as “jewelry
guard chains,” jewelry safety chains are short, thin chains connected to both
ends of a bracelet, necklace or neck chain to prevent its loss should the
catch or clasp open or become defective.
014 Jewelry that fits over the front teeth [dental grills]
On 10-11-12, the 06-03-2010 entry was amended by inserting the bracketed
wording to include a common commercial name for them. These goods are
decorative ornaments for temporary use on teeth. They are not permanent dental
implants.
025 Jodhpurs
05-14-2015: Jodhpurs are a type of
riding breeches cut full through the hips and close-fitting from the knee to
the ankle.
019 Joists
On 11-12-2015, this 07-20-2004 entry was
deleted because it is overbroad per the Nice Classification and includes metal
joists in Class 6 and non-metal joists in Class 19.
016 Joss paper
Common in Asian religious practices,
joss paper (also known as ghost money) is paper that is made into burnt
offerings.
003 Joss sticks
This is incense most often used in
religious shrines.
016 Journals in the field of {specify type or subject matter,
e.g., medicine, law}
On 8-2-2012, the 2-20-1996 entry was modified
for clarity purposes from “Journals concerning {specify type or subject
matter, e.g., medical, legal} to “Journals in the field of {specify type or
subject, e.g., medicine, law}
009 Joysticks for use with computers, other than for video
games
Joysticks for video games are classified in Class 28 based on
the wording “games and playthings” in the Class Heading for Class 28.
028 Joysticks for video games
1-1-2012 this entry of
1-2-1997 was transferred from Class 9 in accordance with 10th Edition of Nice
Agreement. Under the 10th Edition, all game apparatus are in Class 28 because
“Games and playthings” are in the Class 28 Heading.
009 Juke boxes for computers
On 9-27-2012 the
04-02-1991 entry “Juke boxes [computer peripheral]” was amended to “Juke boxes
for computers” to match a Trilateral approved entry.
009 Jukeboxes
10-01-2015: Bracketed information
“[musical]” removed from the description and term amended from “juke boxes” to
“jukeboxes.” A “jukebox” is a money-operated machine that plays music selected
by the user.
009 Junction sleeves [for electric cables]
This
07-20-2004 entry has been deleted because it is duplicative of the entry that
reads “Junction sleeves for electric cables”
019 Junctions not of metal for {indicate type of pipes}
04-02-1991 Original entry; 10-07-10: Transferred entry to Class 19; this
entry was incorrectly classified in 17 due to a translation problem in the
Nice Agreement’s Alphabetical List. On 11-19-2015, this 10-07-2010 ID was
deleted because the fill-in was being misused.
045 Jury consultancy
This service was transferred
from Class 42 pursuant to changes in the 9th edition of the Nice Agreement
022 Jute
06-18-2015: Jute is a natural fiber that is
used for making rope and cloth.
022 Jute bags for industrial use
On 06-12-2014, this
07-20-2004 entry was amended from “Jute bags [for use in industry]” to the
current entry for clarity.
025 Kaftans
05-14-2015: A kaftan is a long coat like
garment, usually worn with a belt and made of rich fabric.
028 Kaleidoscopes
This entry was classified in Class
9 in accordance with the 7th edition of the Nice Agreement. The 8th edition of
the Nice Agreement transferred the item to Class 28.
022 Kapok
06-18-2015: Kapok is a plant fiber from the
Kapok tree used especially as a filling for mattresses, life preservers, and
sleeping bags.
041 Karaoke lounge services
Karaoke lounge services
are facilities equipped with karaoke machines, typically small rooms or
venues, which are rented by the hour.
009 Karate head guards
02-28-2013 - Although the head
guards ultimately protect the user’s head by dispersing impact, these goods
are classified in Class 28 according to their primary function as sports
padding similar to “Elbow guards [sports articles]” and “Knee guards [sports
articles],” which appear in the Nice Alphabetical List in Class 28.
01-01-2016: On 01-01-2016, this 04-02-1991 entry was transferred from Class 28
to Class 9 in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, head guards for sports are
classified in Class 9 because they protect against serious injury and are
analogous to the wording “life-saving apparatus and instruments” in the Class
9 Heading.
025 Keffiyehs (Yashmaghs)
A traditional Arab
headdress fashioned from a square, usually cotton, scarf.
044 Kennel services, namely, dog breeding services
09-05-2013: Entry status changed from “A” added to “X” example.
043 Kennel services, namely, boarding for pets
01-01-2008 - This entry was transferred from Class 42 to Class 43 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement. 04-10-2008 - Entry specified to limit this activity in Class 43 to
temporary housing for dogs based on the dictionary definitions of “kennel”
that include dog training and breeding. These kennel activities have been
entered as separate services in Classes 41 and 44, respectively.
025 Kerchiefs
10-13-2016 - Kerchiefs are classified
in Class 25 because they are pieces of cloth worn around the neck or worn on
the head functioning as clothing. Kerchiefs are distinguishable from paper
handkerchiefs and textile handkerchiefs in Class 16 and Class 24 respectively,
which are for personal use, such as wiping the face, nose, or eyes.
006 Key fobs of common metal
5-21-09 - entry of
4/2/91 changed to indicate “common metal” instead of “metal.” Key fobs of
precious metal are in Class 14.
035 Keypunching
This entry was transferred from Class
42 to Class 35 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
005 Khorasan wheat extracts for medical purposes
“Khorasan wheat extract” is the generic term for KAMUT®, a registered
trademark (i.e., U.S. Reg. No. 3533149 for “food concentrate, namely, grain
extracts and plant juices for medical purposes” in International Class 5) that
should not be used in an identification of goods or services as a generic
term.
030 Khorasan wheat flour
“Khorasan wheat flour” is
the generic term for KAMUT® a registered trademark (i.e., U.S. Reg. No.
1601175 for “flour” in International Class 30) that should not be used in an
identification of goods or services as a generic term.
005 Khorasan wheat juice for medical purposes
“Khorasan wheat juice” is the generic term for KAMUT®, a registered trademark
(i.e., U.S. Reg. No. 3533149 for “food concentrate, namely, grain extracts and
plant juices for medical purposes” in International Class 5) that should not
be used in an identification of goods or services as a generic term.
030 Khorasan wheat pasta
“Khorasan wheat pasta” is
the generic term for KAMUT® a registered trademark (i.e., U.S. Reg. No.
1601175 for “pasta” in International Class 30) that should not be used in an
identification of goods or services as a generic term.
005 Khorasan wheatgrass for use as a dietary supplement
“Khorasan wheatgrass” is the generic term for KAMUT®, a registered
trademark (i.e., U.S. Reg. No. 3533149 for “food concentrate, namely, grain
extracts and plant juices for medical purposes” in International Class 5) that
should not be used in an identification of goods or services as a generic
term.
029 Kimchi [fermented vegetable dish]
Alternative
spelling: kimchee
030 Kimchi pancakes (kimchijeon)
On 9-6-2012, this
8-9-2012 entry was amended to replace the brackets with parentheses.
025 Kippahs (yarmulkes)
Head covering known by both
the Hebrew (proper plural kippot) and Yiddish terms, either being
acceptable.
001 Kit comprising polymer based composition, tape and plastic
coating for forming handles moldable to the individual's hand
07-04-2013: Status changed from “A” - Added to “X” - example.
001 Kit comprising regeneration solution, serum samples and
sensor chips for scientific use
07-04-2013: Status changed from “A” -
Added to “X” - example.
001 Kit containing pre-packed columns, chemicals, pre-made
buffer concentrates, syringes and instructional manual for the purification of
proteins for in vitro use
07-04-2013: Status changed from “A” - Added
to “X” - example.
016 Kitchen paper
Kitchen paper is a synonym for
paper towels. The term is more common in British English.
005 Kits comprised primarily of sanitizer gel and disinfecting
wipes and also including sanitary masks, plastic gloves and hand cream used
for germ prevention
07-04-2013: Status changed from “A” - Added to
“X” - example. On 11-06-2014, this 11-26-2009 entry was amended from “Kits
comprising sanitizer gel, disinfecting wipes, sanitary masks, plastic gloves
and hand cream used for germ prevention” to “Kits comprised primarily of
sanitizer gel and disinfecting wipes and also including sanitary masks,
plastic gloves and hand cream used for germ prevention” to clarify that the
predominant elements of the kits are listed first and the predominant elements
of the kits control the classification of the kits. See TMEP Section
1401.05(a).
009 Kits comprised primarily of a fire hose and also including
a fire nozzle and non-metallic fire hose adapter sold as a unit
1-1-2012: This entry of 7-23-2009 was transferred from Class 17 to Class 9
pursuant to the 10th Edition of the Nice Agreement, because fire hoses are
fire-extinguishing apparatus. 10-03-2013: Entry status changed from “M”
modified to “X” example.
020 Kits for marking electrical cables, electrical apparatus
and instruments and electrical installations, namely, plastic transparent
sleeves, plastic transfer strips, plastic identification tags and marking
tools
07-04-2013: Status changed from “A” - Added to “X” -
example.
003 Kits for removing scratches from automotive finishes and
metal trims comprised of buffing compound for automobiles and also including
wool buffing pads
09-26-2013: Entry status changed from “A” added to
“X” example.
010 Kits for the application of ice bags for medical purposes
comprised of plastic ice bags for medical purposes, plastic film, handle for
the application of plastic film, plastic bag sealer, plastic bag dispenser
07-04-2013: Status changed from “A” - Added to “X” - example.
010 Kits used for selection of sperm, in the field of
reproductive medicine, consisting primarily of specially coated petri
dishes
07-04-2013: Status changed from “A” - Added to “X” -
example.
007 Kneading machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods. “Kneading machines” is not acceptable under current
identification policy because the use of the goods is unclear.
008 Knife steels
Knife steels are hand-operated
instruments for sharpening knives.
024 Knitted fabric
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
025 Knitted underwear
On 01-08-2015, the status of
this entry was changed from “A” - Added to “X” - Example. Underwear is
acceptable wording; further specification is acceptable, but it is not
required.
018 Knitting pouches, namely, functional sacks for holding and
carrying yarn while knitting
4/17/08 - Goods transferred from Class
16 and “carrying” added to ID. Item is used to hold yarn while knitter is
moving around and knitting (e.g., waiting in line or for an appointment) so it
is a carrying bag.
025 Knitwear, namely, {indicate specific knitted clothing
items, e.g., shirts, dresses, sweaters, etc.}
The term “knitwear” is
indefinite and overly broad when it appears alone in an identification of
goods. Therefore, the specific articles of knitted clothing must be
specified.
008 Knuckle dusters
Knuckle dusters are similar to
brass knuckles.
044 Koi farming services
On 08-15-2013, this
12-01-2005 entry was modified by inserting “services” to make clear that the
activity is being performed for others. Additionally, the status was changed
from “A - Added” to “X” to indicate that it is an example of acceptable
wording. To be a service, an activity must be primarily for the benefit of
someone other than the applicant. TMEP 1301.01(a)(ii). Therefore, operating a
wheat farm, for example, for the purpose of growing, harvesting, and selling
wheat for further manufacture, is not considered a wheat farming service under
the Trademark Act because, although the manufacturers derive an incidental
benefit, the farming activities primarily benefit the farmer. Farming
activities must be rendered for others to be a registrable service.
030 Kombucha tea
Kombucha tea is a fermented tea
drink.
033 Korean distilled spirits (Soju)
On 12-20-2012,
this 8-9-2012 entry was amended to replace the brackets with parentheses.
033 Korean traditional rice wine (makgeoli)
On
12-20-2012, this 11-10-2011 entry was amended to replace the brackets with
parentheses.
030 Korean-style dried seaweed rolls containing cooked rice
(gimbap)
On 9-6-2012, this 8-9-2012 entry was amended to replace the
brackets with parentheses.
030 Korean-style dumplings (mandu)
On 9-6-2012, this
8-9-2012 entry was amended to replace the brackets with parentheses.
014 Krugerrands
A Krugerrand is a gold coin of South
Africa, often bought for investment.
045 Labor negotiation information services
Services
transferred from Class 42 pursuant to changes in the 9th edition of the Nice
Agreement.
035 Labor unions
Associations, unions, PAC's and
interest groups promote the concerns of their membership through lobbying,
information dissemination, etc. These are Class 35 activities even when the
purpose of the association, PAC, union or interest group is not commercial in
nature. The concern of the group is the “business” of its membership.
009 Laboratory cages for animals
On 05-31-2012, the
08-09-2007 entry “laboratory cages for small animals” was amended to
“laboratory cages for animals.”
009 Laboratory filters
09-19-2013 - Laboratory
filters are in the nature of laboratory equipment, such as those for
conducting scientific experiments. Laboratory filters are not for filtering
the air in laboratories. Air filters for filtering air in laboratories are
classified in Class 11 as “apparatus for ventilating purposes,” see Class 11
Heading.
009 Laboratory fluidized bed reactors (FBR)
Fluidized
bed reactors (FBR) are chemical reactors used for reducing fluids into simpler
compounds via a fluidization process.
009 Laboratory glassware, namely, flasks
Laboratory
glassware made part of the required language of the ID instead of being in
parentheses to avoid confusion with the more common flasks in class 21.
009 Laboratory glassware, namely, burettes
On
06-12-2014, the 02-08-2007 entry “Laboratory glassware, namely, burettes” was
amended to “burettes” to match a TM5 approved entry.
011 Laboratory lamps
Laboratory lamps are in the Nice
Alphabetical List in Class 11.
011 Laboratory ventilation hoods
Transferred to Class
11 based on entry in Nice Agreement for “ventilation hoods for laboratories”
in Class 11.
001 Lactic acid
Lactic acid is in the Nice
Alphabetical List in Class 1.
009 Lactodensimeters
Lactodensimeters are specially
graduated devices for measuring the density of milk.
009 Lactometers
Lactometers are calibrated devices
for measuring the specific gravity of milk.
032 Lagers
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
019 Laminated flat glass for building
On 11-12-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
building]” into the identification in order to clarify the purpose of the
goods.
021 Laminated flat glass, not for building
On
01-01-2016, this 07-20-2004 entry was modified from “Laminated flat glass [not
for building]” to “Laminated flat glass, not for building” to clarify the
purpose of the goods and the justification for classification in Class 21.
Laminated flat glass for building is classified in Class 19.
016 Laminating machines for home and office use
Note
that laminating machines for industrial use are in Class 7.
009 LAN [local area network] computer cards for connecting
portable computer devices to computer networks
On 08-09-12, the entry
of 06-01-03 was amended to change “(local area network)” to “[local area
network]” to match the brackets in the Trilateral approved identification.
036 Land assembly and acquisition services
Land
assembly and acquisition services are the combined services of acquiring
individual parcels of property to form (or assemble) a single land site for
eventual development or redevelopment.
042 Land title surveying
Land title surveying
involves the science, art and mechanics of measuring and computing values
pertaining to surveys for locating, determining, evaluating and/or
re-establishing boundary locations, ownership lines, rights of way and
easements within or immediately surrounding a given lot, parcel or quantity of
real estate.
012 Land vehicle console parts, namely, wiring harnesses for
control, monitoring and protection of industrial gasoline and diesel
engines
Note that parts of all motors and engines such as camshafts,
cylinders, cylinder pistons and other parts essential to the working of motors
and engines such as alternators, belts and carburetors are in Class 7.
012 Land vehicle engine rebuild kits, sold as a unit
While these complete kits are in Class 12, note that separate parts of all
motors and engines such as camshafts, cylinders, cylinder, pistons and other
parts essential to their working such as alternators, belts and carburetors
are in Class 7.
012 Land vehicle parts, namely, differentials
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Land vehicle parts, namely, drive belts
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Land vehicle parts, namely, axles
Note that parts
of all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Land vehicle parts, namely, drive gears
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Land vehicle parts, namely, transmissions
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Land vehicle suspension parts, namely, torsion/sway
bars
Previous classification in Class 7 was in error.
012 Land vehicle transmissions and replacement parts
thereof
Note that parts of all motors and engines such as camshafts,
cylinders, cylinder pistons and other parts essential to the working of motors
and engines such as alternators, belts and carburetors are in Class 7.
012 Land vehicles
In order to avoid confusion with
the entry “land vehicles, namely, (indicate common commercial name), note that
the identification may or may not indicate the common commercial name, as
applicant chooses.
012 Land vehicles and structural parts therefor
In
order to avoid confusion with the entry “land vehicles, namely, (indicate
common commercial name), note that the identification may or may not indicate
the common commercial name, as applicant chooses.
044 Landscape gardening
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Landscape gardening design for others
This entry
was transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
041 Language interpreting
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 and other
translation services were transferred to Class 41 as a result of the
restructuring.
041 Language translation
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 and other
translation services were transferred to Class 41 as a result of the
restructuring.
011 Lanterns
1-1-2012 This entry of 11-8-2007 has
been deleted pursuant to the 10th Edition of the Nice Agreement because it
included specific types of lanterns classified in Class 9 and Class 11.
022 Lanyards for holding {indicate use, e.g., badges,
keys}
On 02-13-2014, the 06-01-2001 entry was modified to delete the
word “eyeglasses” from the examples contained within brackets. Eyeglass
lanyards are classified in Class 9 because they are specially adapted for use
with eyeglasses.
024 Lap rugs
12-18-2014 - “Lap rugs” are blankets for
covering one's lap or legs.
007 Lapping machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Lapping machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
009 Laptop locks
Laptop locks are specially adapted
for laptops and generally consist of cabling, a lock mechanism, and security
key that plugs into standardized slots of laptops.
044 Laser and intense pulse light skin enhancement
procedures
9/25/08 - the acronym “IPL” was removed from the ID. It is
a registered mark for intense pulse light apparatus
009 Laser color printers for documents
On 01-01-2016,
this 06-01-2001 entry was modified to add “for documents” in order to clarify
the nature of the goods and the justification for classifying the goods in
Class 9. Printing machines, such as 3D printers, are classified in Class
7.
016 Laser cut paper
Laser cut paper is paper that has
been cut to a precise measurement by a laser.
009 Laser document printers
On 01-01-2016, this
04-02-1991 entry was modified to add “document” in order to clarify the nature
of the goods and the justification for classifying the goods in Class 9.
Printing machines, such as 3D printers, are classified in Class 7.
040 Laser engraving of {indicate material, e.g., metals,
titanium, etc.}
Engraving is acceptable wording in Class 40; further
specification is also acceptable, but it is not required.
040 Laser engraving
Engraving is acceptable wording
in Class 40; further specification is also acceptable, but it is not
required.
009 Laser welding devices
1-1-2012 This entry of
7-20-2004 concerning a Class 9 electric or electrothermic apparatus was
deleted pursuant to the 10th Edition of the Nice Agreement.
008 Lasts for shoe-making [hand-operated ones only]
These tools are powered by hand, not by electricity or other non-manual power
source.
001 Latex glue for industrial purposes
On 01-01-2016,
this 07-20-2004 entry was modified to replace “[not for stationery or
household purposes]” with “for industrial purposes” to make clear the purpose
of the goods and the justification for classification in Class 1. Certain
specialized adhesives and glues that are not used for stationery or household
purposes are classified in classes other than Class 1, e.g., dental adhesives,
in Class 5, and adhesives for cosmetic use, in Class 3. Please consult the
Manual for examples of adhesives in other classes.
007 Lathes for metalworking
On 06-25-2015, this
07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Lathes is acceptable wording; further specification is acceptable, but
it is not required. Status of entry changed from “A”-Added to
“X”-Example.
003 Laundry additives for water softening
Laundry
additives for water softening are classified in Class 3 because “bleaching
preparations and other substances for laundry use” is included in the Nice
Class Heading for Class 3 and “laundry preparations” appears in the Nice
Alphabetical List in Class 3.
029 Laver
12-20-2012. Laver is a type of
seaweed.
029 Laver-based snack foods
Laver is a type of
seaweed.
016 Lawn and leaf disposal system comprising a bag, a bag
support, and a handle for attaching to the bag, sold as a kit
07-04-2013: Status changed from “A” - Added to “X” - example.
044 Lawn care
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
044 Lawn mowing services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
008 Lawn rakes [hand-operated ones only]
These tools
are powered by hand, not by electricity or other non-manual power source.
018 Lead shanks
Lead shanks are lead ropes or lines
with an attached chain that are used to control a horse.
042 Leasing access time to a computer database in the field of
{indicate subject matter or field}
This language IS NOT TO BE USED.
It is confusing content and access providers. At the time it was originally
included in the Manual, it was clearly a separate service. Now that content
providers can build their own databases, the leasing of time to access those
databases is ancillary to providing the database itself and should not be
considered a separate service. DO NOT USE THIS LANGUAGE.
042 Leasing computer facilities
06-27-2013 - Although
rental of general purpose facilities, such as convention centers and
exhibition halls, is classified in Class 43, rental of specialized
facilities/facilities for a particular purpose is classified according to
purposes, e.g., rental of telecommunications facilities in Class 38; rental of
stadium facilities in Class 41, and leasing of computer facilities in 42.
041 Leasing of electronic gaming machines for gambling
On 10-09-2014, the 06-01-2001 entry was modified by inserting “for
gambling” to make clear that “gaming” in this context refers to gambling, and
not recreational computer game playing.
045 Leasing of keyboxes
The term “keyboxes” may also
be spelled “key boxes.”
043 Leasing of kitchen appliances
On 10-02-2014, this
11-01-04 entry was deleted because the wording “kitchen appliances” was
overbroad, in that it could be construed as including large-scale kitchen
appliances, such as dish washing machines (the rental of which is classified
in Class 37) and refrigerator-freezers (the rental of which is classified in
Class 39). This deleted entry has been replaced with “Rental of small kitchen
appliances” in Class 43.
045 Leasing of lockboxes
The term “lockboxes” may
also be spelled “lock boxes.”
044 Leasing of medical equipment
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Leasing of medical imaging hardware and software
05-22-2014: Leasing and rental services are in principle classified in the
same classes as the services provided by means of the leased or rented
objects. As medical imaging apparatus performs medical imaging services, the
leasing of such equipment is in Class 44.
039 Leasing of mobile food kiosk vehicle
On
04-07-2016, this 10-01-2009 entry was deleted because it was causing confusion
and was being misused.
000 Leasing services in the field of {indicate goods, e.g.,
telephones, construction equipment, etc.} [classification depends, in
principle, on the services provided by means of the leased goods]
Leasing services are in principle classified in the same classes as the
services provided by means of the leased objects, e.g., leasing of
construction equipment is in Class 37, leasing of telephones is in Class 38,
and leasing of motor vehicles are in Class 39. However, hire or
lease-purchase financing services are classified in Class 36 as a financial
service.
044 Leasing skin care equipment
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
018 Leather and imitation leather bags
Note that bags
that are fitted to carry a particular item are classified with the 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 Leather cases
Cases that are fitted to carry a
particular item are classified with the product they are designed to carry,
e.g., eyeglass cases are in Class 9; gun cases in Class 13; and stationery
cases in Class 16.
018 Leather holders for badges
Although holders are
generally classified in the same class as the items being held, e.g.,
flashlight holders in Class 11, pen holders in Class 16, etc., these leather
holders for badges are classified in Class 18 because the function as business
card cases, which is in the Nice Alphabetical List in Class 18.
014 Leather jewelry and accessory boxes
This entry
was transferred from Class 20 to Class 14 pursuant to the 9th edition of the
Nice Agreement.
018 Leather key fobs
Key fobs are in Class 6 if made
of metal, Class 20 if not made of metal. Specifying any other material and
classifying in another class is unnecessary. 06-02-2016: On 05-21-2009, the ID
Manual entry “Key fobs of metal” in Class 6 was modified to “Key fobs of
common metal.” As the note to that entry indicates, key fobs of precious metal
are classified in Class 14. “Key rings [trinkets or fobs] of precious metal”
has appeared in the Manual since 07-01-2004.
018 Leather laces
Leather laces are classified in
Class 18 when sold in bulk or if they have no specific purpose. Shoe laces of
leather are in Class 26 based on the particular purpose of being for
shoes.
020 Leather picture frames
9-13-09 - This does not
include digital photo frames - they are in Class 9.
003 Leather preservatives
05-26-2011: Deleted the
09-16-2010 entry because it is too broad and includes leather preserving
polishes in Class 3 and leather preserving oil and grease in Class 4.
009 Leather protective covers specially adapted for personal
electronic devices, namely, {indicate specific device, e.g., cell phones, MP3
players, personal digital assistants, etc.} [excluding gaming apparatus]
On 12-06-2012, this 05-20-2010 entry “Leather protective covers specially
adapted for personal electronic devices” was amended to make explicit the
rationale for classification in Class 9. Since these goods are specially
adapted for use with a particular electronic device, classification of the
electronic device controls classification of the covers. As previously
written, the ID would include covers for gaming devices in Class 28 since all
game apparatus are in Class 28 because “games and playthings” are in the Class
Heading under the 10th Edition. Thus, the ID should indicate the specific
electronic device for proper classification.
018 Leather thongs for fastening or securing items
03-17-2016: Leather thongs are strips of leather used to fasten or secure by
lashing or tying. Thongs in the nature of underwear, footwear or beachwear
are classified in Class 25. 08-25-2016 - The 11-15-2007 entry was modified
from “Leather thongs” to “Leather thongs for fastening or securing items” to
clarify the nature of the goods and the justification for classifying them in
Class 18. Under USPTO policy, “Leather thongs” is indefinite and overbroad
because the nature of the goods is unclear and could encompass clothing items
made of leather, e.g., thong footwear made of leather, in Class 25.
029 Lecithin for culinary purposes [food additives for
non-industrial use]
On 01-26-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording to make clear the nature of the goods.
Under the Tenth Edition of the Nice Classification system, applicants must
indicate the generic name of the additives and their purpose, and classify
those goods according to their purpose (when the goods are for culinary
purposes, then the nature of the additives also factors into the
classification). On 02-02-2012, the 01-26-2012 entry was further modified by
indicating in the brackets that the food additives are for non-industrial use.
Whether the goods are for commercial use does not control classification.
Whether the goods are for food manufacturing (and therefore in Class 1) or for
cooking and baking (and therefore classified in Classes 29-33 according to
their nature) is relevant for classification.
001 Lecithin for industrial purposes [food additives for food
manufacturing]
On 01-26-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording to make clear the nature of the goods. Under
the Tenth Edition of the Nice Classification system, applicants must indicate
the generic name of the additives and their purpose, and classify those goods
according to their purpose (when the goods are for culinary purposes, then the
nature of the additives also factors into the classification). On 02-02-2012,
the 01-26-2012 entry was further modified by indicating in the brackets that
the food additives are for food manufacturing. Whether the goods are for
commercial use does not control classification. Whether the goods are for food
manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature) is relevant
for classification.
005 Lecithin for medical purposes [food additives]
On
01-26-2012, the 09-01-11 entry was modified by inserting the bracketed wording
to make clear the nature of the goods. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of the
additives and their purpose, and classify those goods according to their
purpose (when the goods are for culinary purposes, then the nature of the
additives also factors into the classification).
001 Lecithin for the food industry [food additives for food
manufacturing]
On 01-26-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording to make clear the nature of the goods. Under
the Tenth Edition of the Nice Classification system, applicants must indicate
the generic name of the additives and their purpose, and classify those goods
according to their purpose (when the goods are for culinary purposes, then the
nature of the additives also factors into the classification). On 02-02-2012,
the 01-26-2012 entry was further modified by indicating in the brackets that
the food additives are for food manufacturing. Whether the goods are for
commercial use does not control classification. Whether the goods are for food
manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature) is relevant
for classification.
001 Lecithin for use in the manufacture of food products [food
additives]
On 01-26-2012, the 04-02-1991 entry was modified by
deleting the word “industrial” which is inherent in “for use in the
manufacture of food products” and inserting the bracketed wording. Under the
Tenth Edition of the Nice Classification system, applicants must indicate the
generic name of the additives and their purpose, and classify those goods
according to their purpose (when the goods are for culinary purposes, then the
nature of the additives also factors into the classification).
011 LED mood lights
Mood lights are primarily for
illumination purposes and are typically sold in various colors to create
ambiance within a space.
028 Leg weights for athletic use
11-10-2011: While
this wording is still acceptable, the 04-02-1991 entry is being deleted from
the Manual because it is covered by the existing entry “Leg weights” in Class
28. 07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
028 Leg weights for exercising
11-10-2011: While this
wording is still acceptable, the 04-02-1991 entry is being deleted from the
Manual because it is covered by the existing entry “Leg weights” in Class 28.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
045 Legal advisory services in the field of {indicate field or
subject matter, e.g., real estate transactions, business mergers, etc.}
Legal advisory services is acceptable wording; further specification is
acceptable, but is not required.
045 Legal consultation in the field of taxation
Legal
consultation services are classified in Class 45 regardless of the subject
matter of the legal consultation. Further specification of the subject matter
is acceptable, but not required. Tax consultation services are classified in
Class 35 because the subject matter of the consultation pertains to Class 35
accounting or bookkeeping rather than Class 45 legal services.
045 Legal consulting services in the field of listing and
tracking of foreign and domestic government regulatory requirements, for
obtaining permits and regulatory compliance
On 08-09-2012, this
04-16-2009 entry was modified by inserting “Legal” to make clear the nature of
the consulting services and the justification for including them in Class
45.
045 Legal document preparation services
Legal
document preparation refers to personalized services relating to legal
matters, such as name changes, wills, or criminal expungements, which are
covered by the Class 45 Heading “legal services” as well as “personal services
rendered by others to meet the needs of individuals.”
045 Legal document preparation and research services for
attorneys
Transferred from Class 42 based on the 9th edition of the
Nice Agreement.
045 Legal information services in the field of {indicate field
or subject matter, e.g., real estate transactions, business mergers, etc.}
Legal information services is acceptable wording; further specification
is acceptable, but is not required.
045 Legal research
Transferred from Class 42 pursuant
to 9th edition of the Nice Agreement. 07-14-2011 Scientific research and
research services directly related to tangible items, such as cosmetics,
pharmaceuticals, or new products, are classified in Class 42 because those
research activities generally involve the science-based testing and analysis
of the physical properties of the item. On the other hand, research services
relating to an intangible subject matter are classified according to the
nature of the intangible. For example, business research, research related to
financial instruments, and legal research are classified in Classes 35, 36,
and 45 respectively.
045 Legal services
Transferred from Class 42 based on
the 9th edition of the Nice Agreement.
045 Legal services and legal consultation for medical imaging
centers
Transferred from Class 42 based on the 9th edition of the
Nice Agreement.
045 Legal services, namely, process serving
Transferred from Class 42 based on the 9th edition of the Nice Agreement.
045 Legal services, namely, providing customized
documentation, information, counseling, advice and consultation services in
all areas of international or offshore land acquisition, development and sales
for sellers and buyers, and their other service providers, including real
estate agents, attorneys, insurers and lenders
11-24-2011: While this
wording is still acceptable, the 06-18-2009 entry is being deleted from the
Manual because it is covered by the existing entry “Legal services, namely,
providing customized documentation, information, counseling, advice and
consultation services in all areas of {specify field of law, e.g., business
law, real estate law, etc.}” in Class 45. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
045 Legal services, namely, providing customized information,
counseling, advice and litigation services in all areas of immigration law
11-24-2011: While this wording is still acceptable, the 11-08-2007 entry
is being deleted from the Manual because it is covered by the new entry
“Providing customized legal information, counseling, and advice, and
litigation services in the field of {indicate legal field, e.g., international
law, employment law, etc.}” in Class 45. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
045 Legal services, namely, providing customized information,
counseling, advice and litigation services in all areas of international
law
11-24-2011: While this wording is still acceptable, the
11-11-2010 entry is being deleted from the Manual because it is covered by the
new entry “Providing customized legal information, counseling, and advice, and
litigation services in the field of {indicate legal field, e.g., international
law, employment law, etc.}” in Class 45. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
045 Legal services, namely, providing customized information,
counseling, advice and litigation services in all areas of employment and
labor law for both employees and employers
11-24-2011: While this
wording is still acceptable, the 11-08-2007 entry is being deleted from the
Manual because it is covered by the new entry “Providing customized legal
information, counseling, and advice, and litigation services in the field of
{indicate legal field, e.g., international law, employment law, etc.}” in
Class 45. 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Lending library services
On 01-01-2016, this
11-29-2007 entry was amended from “Lending libraries” to “Lending library
services” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
009 Lenses for industrial laser cutting machines [not sold as
an integral component]
Optical lenses appears in the Nice
Alphabetical List in Class 9, and this entry covers all optical lenses.
020 Letter boxes of {indicate non-metal, non-masonry material,
e.g., plastic or wood}
On 07-18-2013, the 04-02-1991 entry was
modified by deleting “indicate non-metal” and inserting “indicate non-metal,
non-masonry material, e.g.,” to conform to the classification guidance in the
Nice Alphabetical List. Letter boxes of masonry are in Class 19.
020 Letter boxes of plastic
On 07-18-2013, the
04-02-1991 entry was modified by deleting “not of metal” and inserting “of
plastic” because “Letter boxes not of metal” is overbroad and includes letter
boxes of masonry in Class 19.
042 Levee engineering
Levee engineering describes the
technical analysis, evaluation, and design of permanent levee structures
intended to confine flow of waterways and prevent flooding. Engineering is an
acceptable identification in Class 42. Further specification of the particular
field of engineering is permissible, but not required.
022 Liber
06-18-2015: Liber is the inner bark of
plants from which the fiber of the plant is obtained, as that of hemp.
020 Library shelves
Shelves is acceptable wording;
further specification is also acceptable, but it is not required.
044 Lice removal from humans and animals
09-05-2013:
Entry status changed from “A” added to “X” example.
045 Licensing consultation in connection with the production,
bottling, marketing and sale of wine and wine related beverages in compliance
with existing Federal and State regulations [legal consultation]
01-01-2007: Transferred from Class 35 pursuant to 9th edition of Nice
Agreement; 11-17-2011: Amended the 01-01-2007 entry by inserting the bracketed
wording “[legal consultation]” to make clear the nature of the services in
Class 45.
045 Licensing of {indicate specific goods or concept being
licensed} [legal services]
Transferred from Class 35 pursuant to 9th
edition of Nice Agreement
035 Licensing of {indicate specific goods or concept being
licensed} [NOTE: Licensing of intellectual property - Cl. 042]
9th
edition of Nice Agreement clarified licensing services - commercial
administration of licenses is in 35; legal service of drawing up of licensing
agreements is in Class 45.
045 Licensing of advertising slogans and cartoon characters
[legal services]
Transferred from Class 35 pursuant to 9th edition of
Nice Agreement
045 Licensing of architectural drawings to others [legal
services]
Transferred from Class 35 pursuant to 9th edition of Nice
Agreement
045 Licensing of computer software [legal services]
Transferred from Class 35 pursuant to 9th edition of Nice Agreement
045 Licensing of intellectual property [legal services]
Transferred from Class 42 pursuant to 9th edition of Nice Agreement
042 Licensing of intellectual property rights
This
was transferred to Class 45 pursuant to the 9th edition of Nice classification
and thus was entered into class 42 in error
011 Light bulbs for directional signals for vehicles
Light bulbs is acceptable wording; further specification is also acceptable,
but it is not required.
034 Lighters not of precious metal [not for automobiles]
On 06-19-2014, this 07-20-2004 entry was deleted because it is broad
enough to include lighters in other classes such as utility lighters for
lighting grills in Class 11 or friction lighters for igniting Bunsen burners
in Class 11.
004 Lighters primarily for lighting grills, fireplaces and
candles
On 09-20-2012, this 06-01-2004 entry was transferred from
Class 11 to Class 4 because “Firelighters” is in the Alphabetical List in
Class 4. On 06-19-2014, this ID was deleted because it was causing confusion.
Firelighters in the nature of solid fire starters are classified in Class 4,
but utility lighters, namely, devices for lighting grills, fireplaces and
candles are classified in Class 11.
004 Ligroin
These goods are in the Nice Alphabetical
List in Class 4. Ligroin is obtained by distilling petroleum.
002 Lime wash
Lime wash is a lime-based coating
similar in nature to whitewash.
006 Limonite
Limonite is an iron ore and appears in
the Nice Alphabetical List in Class 6.
007 Line haulers
These goods are typically
motor-driven machines used on boats in the fishing and crabbing industries for
automatically pulling fishing nets and crab pots out of the water and onto the
boat deck.
022 Liners (Trash can)
This entry was deleted due to
a clarification in the 7th edition of the Nice Agreement that specified
classification of plastic or paper garbage bags in Class 16.
024 Liners adapted to sleeping bags for camping
These
goods are equivalent to Sleeping bag liners, which also appears in the Manual
in Class 20. The wording Sleeping bag liners is more common in the U.S.
marketplace, but this wording explains the precise nature of the goods for
classification purposes. On 01-01-2014, this entry of 07-12-2012 was
transferred from Class 20 to Class 24 pursuant to the Nice Classification,
Tenth edition, version 2014, effective 1-1-14.
040 Lining materials for others
5-7-10 - The 4/2/91
entry was deleted because it seemed to indicate goods and, if considered a
service, wasn't clear if it was a Class 37 or Class 40 activity. It was
replaced with “Lining the interior of pipes for others by spraying on a fluid
impervious barrier in the nature of a mixture of polyurethane and epoxy resin”
in Class 37
030 Linseed for human consumption
01-01-2016:
“Linseed for human consumption/flaxseed for human consumption” appears in the
Nice Alphabetical List in Class 30 and encompasses processed goods. “Edible
linseed, unprocessed / edible flaxseed, unprocessed” was added to the Nice
Alphabetical List in Class 31 under Nice 10-2016.
005 Lint for medical purposes
Lint is a soft,
absorbent material used as a surgical or medical dressing.
022 Linters
Linters are the short fibers stripped
from ginned cotton seeds.
003 Lip balm
This refers to non-medicated lip balm.
Since lip balm is most commonly sold without medication, it is not necessary
to include that language in the ID. It should be noted that medicated lip balm
is in Class 5.
003 Lip balm [non-medicated]
This refers to
non-medicated lip balm. Since lip balm is most commonly sold without
medication, it is not necessary to include that language in the ID. It should
be noted that medicated lip balm is in Class 5.
003 Lip cream
These refer to non-medicated creams.
Medicated creams are in Class 5.
003 Lip gloss palette
On 01-19-2012, the 06-01-2001
entry was amended to correct the misspelled word, “palatte.”
003 Lip neutralizers
Lip neutralizers are cosmetic
products applied to the lips to neutralize color or even skin tone.
029 Lipids for use as food additives [not for commercial or
industrial purposes]
On 01-26-2012, this 12-10-2009 entry was deleted
because it is overbroad and may include goods in multiple classes. Under the
Tenth Edition of Nice Classification System, applicants must indicate the
generic name of the food additives and their purpose and classify those goods
according to purpose (when the goods are for culinary purposes, then the
nature of the additives also factors into the classification).
001 Lipids used in the manufacture of cosmetics, beverages,
food products and food supplements
12-10-09 - entry of 8-9-07
transferred from Class 4. Lipids are not Class 4 industrial greases or oils.
They are fats often used in the manufacture of other goods.
003 Lipstick cases
These cases are always adapted to
the goods they hold so they are more properly classified in Class 3 with
lipstick than in Class 18 as previously indicated.
003 Lipstick holders
These cases are always adapted
to the goods they hold so they are more properly classified in Class 3 with
lipstick than in Class 18 as previously indicated.
003 Lipsticks
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
033 Liqueurs containing {indicate specific ingredient(s),
e.g., cactus juice, coffee flavoring, etc.}
Liqueurs is acceptable
wording; additional specification is acceptable, but is not required.
009 Liquid chromatography apparatus for laboratory use
On 3-28-2013, the 11-13-2008 entry “Liquid chromatography apparatus” was
modified to add “for laboratory use.” Chromatography apparatuses for
laboratory use are classified in Class 9. Chromatography apparatuses for
industrial purposes are classified in Class 11. The identification should
indicate the use of the goods for classification purposes.
003 Liquid fragrance preparations for use in the water tanks
of multi-purpose steam cleaning machines for household purposes
11-28-2013: Entry status changed from “A” added to “X” example.
017 Liquid latex
04-28-2016: Liquid latex is
classified in Class 17 based on the wording “Unprocessed and semi-processed
rubber ... and substitutes for all these materials” in the Class Heading for
Class 17.
003 Liquid latex for covering skin when painting
fingernails
Liquid latex for covering skin when painting fingernails
is classified in Class 3 based on the wording “cosmetics” in the Class Heading
for Class 3.
016 Liquid packaging board
Liquid packaging board is
paperboard used for packaging liquids.
003 Liquid soaps
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
040 Lithographic printing
These services were
transferred to Class 40 due to the restructuring of Class 42 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.
010 Lithotripters
A lithotripter is a medical
instrument used to pulverize kidney stones and gallstones by ultrasound.
045 Litigation consultancy
Transferred from Class 42
pursuant to changes in the 9th edition of the Nice Agreement.
045 Litigation support services
Transferred from
Class 42 pursuant to changes in the 9th edition of the Nice Agreement.
031 Live abalones
On 1-31-2013, the 7-20-2004 entry
“Abalones [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live ark-shells
On 1-31-2013, the 7-20-2004 entry
“Ark-shells [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live beneficial insects
Beneficial insects are
used to perform a variety of functions such as pollination and pest
control.
031 Live blue mussels
On 1-31-2013, the 7-20-2004
entry “Blue mussels [live]” was modified to incorporate the bracketed wording
into the identification.
031 Live breeder birds
On 1-31-2013, 6-1-2001 entry
“Live birds, namely, breeder birds” was amended to “Live breeder birds” to
simplify the identification.
031 Live carp
On 1-31-2013, the 7-20-2004 entry “Carp
[live]” was modified to incorporate the bracketed wording into the
identification.
031 Live crabs
On 1-31-2013, the 7-20-2004 entry
“Crabs [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live edible aquatic animals
On 1-31-2013, the
7-20-2004 entry “Edible aquatic animals [live]” was modified to incorporate
the bracketed wording into the identification.
025 Live flower headdresses [headwear]
Flower
headdresses is an acceptable identification in Class 25; it is permissible to
indicate whether the flowers are live or artificial, but not required.
031 Live hamsters
On 01-21-2016, this 12-23-2010
entry was modified to add the word “Live” to clarify the nature of the goods
and the justification for their classification in Class 31. “Live animals”
appears in the Nice Class Heading for Class 31.
031 Live lobsters
On 1-31-2013, the 3-15-1993 entry
“Lobsters [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live pet birds
On 1-31-2013, 6-1-2001 entry “Live
birds, namely, pet birds” was amended to “Live pet birds” to simplify the
identification.
031 Live prawns
On 1-31-2013, the 3-15-1993 entry
“Prawns [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live rootstocks
Rootstocks are horticultural
roots and associated growth buds which are used as stocks in plant
propagation.
031 Live sardines
On 1-31-2013, the 7-20-2004 entry
“Sardines [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live sea basses
On 1-31-2013, the 7-20-2004 entry
“Sea basses [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live sea breams [red snappers]
On 1-31-2013, the
7-20-2004 entry “Sea breams [red snappers, live] was modified to incorporate
the bracketed wording “live” into the identification.
031 Live seafood
Seafood primarily includes edible
fish or shellfish. Live seafood is classified in Class 31, because “live
animals” is included in the Class Heading for Class 31. “Seafood, not live”
is classified in Class 29.
031 Live short-necked clams
On 1-31-2013, the
7-20-2004 entry “Short-necked clams [live]” was modified to incorporate the
bracketed wording into the identification.
031 Live shrimp
On 1-31-2013, the 3-15-1993 entry
“Shrimp [live]” was modified to incorporate the bracketed wording into the
identification.
031 Live shrimps, prawns and lobsters
On 1-31-2013,
the 7-20-2004 entry “Shrimps, prawns and lobsters [live]” was modified to
incorporate the bracketed wording into the identification.
031 Live soft-shelled turtles
On 1-31-2013, the
7-20-2004 entry “Soft-shelled turtles [live]” was modified to incorporate the
bracketed wording into the identification.
044 Livestock farming services
On 08-15-2013, the
status was changed from “A - Added” to “X” to indicate that it is an example
of acceptable wording. To be a service, an activity must be primarily for the
benefit of someone other than the applicant. TMEP 1301.01(a)(ii). Therefore,
operating a wheat farm, for example, for the purpose of growing, harvesting,
and selling wheat for further manufacture, is not considered a wheat farming
service under the Trademark Act because, although the manufacturers derive an
incidental benefit, the farming activities primarily benefit the farmer.
Farming activities must be rendered for others to be a registrable
service.
022 Load lifting straps
On 9-6-2012, this 4-1-2010
entry was deleted because it is overbroad. “Straps of metal for handling
loads” are classified in Class 6. “Straps, not of metal, for handling loads”
are classified in Class 22.
001 Loam
This is a fertilizing growth medium. Note
that non-fertilizing growth media, such as mulch, peat moss and top soil, are
in Class 31.
029 Lobsters, not live [for human consumption]
On
1-31-2013, the 3-15-1993 entry “Lobsters [not live; for human consumption]”
was modified to incorporate the bracketed wording “not live” into the
identification. Live lobsters are classified in Class 31.
035 Location of freight cars by computer
This entry
was deleted in the Nice Agreement.
006 Lock installation kit consisting of metal lock, screws,
hinges, and a screwdriver
10-03-2013: Entry status changed from “A”
added to “X” example.
045 Locksmithing, namely, opening of locks
Other
services provided by locksmiths, namely, changing, installation, replacement
and repair of locks, are properly classified in International Class 37; and
key cutting services are classified in International Class 40.
009 Logic circuits
Logic circuits are basic
electronic component parts of computers.
028 Longboard skateboard wheels
On 10-30-2014, this
07-16-2009 entry was amended from “Longboard wheels” to “Longboard skateboard
wheels” to indicate the type of longboards for which the wheels are for.
028 Longboard skateboard trucks
On 10-30-2014, this
07-16-2009 entry was amended from “Trucks for longboards” to “Longboard
skateboard trucks” to indicate the type of longboards for which the trucks are
for.
028 Longboards
On 10-30-2014, this 11-13-2008 entry
was deleted as indefinite because it can refer to skateboards or
surfboards.
009 Loran navigation machines
These apparatus are
used for long-range navigation using signals from radio stations, often to
locate a ship or airplane.
009 Lorgnettes
Eyewear or spectacles with a handle
rather than fitting over the ears.
003 Lotions for {indicate specific type, e.g., skin, hair,
face, body, hair waving}
These refer to non-medicated lotions.
Medicated lotions are in Class 5.
003 Lotions for beards
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
003 Lotions for cellulite reduction
These refer to
non-medicated lotions. Medicated lotions are in Class 5.
003 Lotions for face and body care
These refer to
non-medicated lotions. Medicated lotions are in Class 5.
003 Lotions for strengthening the nails
These refer
to non-medicated lotions. Medicated lotions are in Class 5.
025 Loungewear
“Wear” terms such as this one have
been accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
001 Low gloss thermoplastic unprocessed resins in liquid
form
2-12-09 - “in liquid form” added to the 9-28-06 entry to avoid
confusion with thermoplastic resins in semi-finished form (e.g., pellets,
sheets, rods) in Class 17. On 06-13-2013, the modified 02-12-2009 entry was
further amended by inserting “unprocessed” to make clear the nature of the
goods and comply with the guidance in the Nice Alphabetical List. Unprocessed
synthetic resins and unprocessed artificial resins appear in the Nice
Alphabetical List in Class 1. Semi-processed resins are classified in Class
17.
032 Low-calorie soft drinks
Soft drinks is acceptable
wording; further specification is also acceptable, but it is not required.
019 Low-fired strength-fused silica stucco refractory casting
mix
08-01-2013: Acceptable entry status changed from “A” added to “X”
example.
010 Luer lock needles for medical use
LUER-LOK is a
registered mark, see U.S. Reg. No. 0306120, and cannot be used in the
identification of goods/services.
010 Luer tapers for medical use
Luer tapers are
devices for making leak-proof connections between parts of medical instruments
such as hypodermic needles.
020 Luggage racks being furniture
Luggage racks are
also called “luggage stands.” Luggage racks are classified in Class 20 because
“racks [furniture]” is in the Nice Alphabetical List in Class 20.
020 Luggage stands being furniture
Luggage stands are
also called “luggage racks.” Luggage stands are classified in in Class 20
because “racks [furniture]” and “costume stands” are in the Nice Alphabetical
List in Class 20.
018 Luggage tags
5-8-08 - All luggage tags,
regardless of material composition, are in Class 18
021 Luminous glass, not for building
On 01-01-2016,
this 07-20-2004 entry was modified from “Luminous glass [not for building]” to
“Luminous glass, not for building” to clarify the purpose of the goods and the
justification for classification in Class 21. Luminous glass for building is
classified in Class 19.
011 Luminous house numbers
5-21-09 - transferred from
11-01-04 classification in Class 9 to be in compliance with the Nice
Classification of these goods in Class 11.
011 Luminous tubes for lighting
Lighting tubes is
acceptable wording; further specification is acceptable, but it is not
required.
009 Luminous variable/dynamic signs using light emitting
diodes and electronic controllers to produce real-time and programmable
messages and information displays
11-28-2013: Entry status changed
from “A” added to “X” example.
004 Lump charcoal
Lump charcoal, also known as
natural hardwood charcoal, is carbonized wood, often of a specific variety of
tree wood, for use a fuel in grilling and smoking of food.
016 Lunch bags
On 05-22-2014, the 10-01-1994 entry
for “Lunch bags“ was deleted because the rationale for classification in Class
16 was unclear. The entry, “Paper lunch bags,“ was added to the Manual in
Class 16 to make clear that the bag's primary function as paper packaging
material, included in the Nice Alphabetical List, “bags [envelopes, pouches]
of paper or plastics, for packaging,“ justifies classification in Class 16.
While paper lunch bags may have multiple uses (e.g., for holding lunches, arts
and craft projects, etc.), the paper packaging purpose justifies
classification in Class 16. Please note that an entry for “Lunch bags not of
paper“ was also added to the Manual in Class 21 because they function as
household containers for food and are analogous to “lunchboxes“ in Class 21 of
the Nice Alphabetical List.
016 Lunch bags made of textile
On 05-22-2014, the
11-01-2004 entry for “Lunch bags made of textile“ was deleted and “Lunch bags
not of paper“ was added to the Manual in Class 21 because they function as
household containers for food and are analogous to “lunchboxes” in Class 21 of
the Nice Alphabetical List. Please note that the entry, “Paper lunch bags,“
was also added to the Manual in Class 16 to make clear that the bag's primary
function as paper packaging material, included in the Nice Alphabetical List,
“bags [envelopes, pouches] of paper or plastics, for packaging,“ justifies
classification in Class 16.
019 Macadam
This term refers to small broken stones
used in paving or the pavement made from such stones.
028 Machine for playing games of chance, namely, craps
On 1-1-2012, this entry of 8-24-2006 was transferred from Class 9 in
accordance with the 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading.
007 Machine parts that heat and maintain temperature in
machine piping systems, namely, steam jacketing, electrical tracing, and
insulation sold as integral components of finished machines
08-29-2013: Entry status changed from “A” added to “X” example.
007 Machine parts, namely, gear drives
Gear drives
are mechanical devices for altering the speed, torque, or direction of
rotating shafts.
007 Machine wheelworks
A machine wheelwork is an
arrangement of wheels in a machine, especially a train of gears.
007 Machines and apparatus for carpet shampooing, electric
Machines and apparatus for carpet shampooing, electric is an entry in the
Nice Alphabetical List of Goods.
028 Machines for playing games of chance
1-1-2012
this entry of 10-1-1994 was transferred from Class 9 in accordance with 10th
Edition of Nice Agreement. Under the 10th Edition, all game apparatus are in
Class 28 because “Games and playthings” are in the Class 28 Heading.
016 Magazine columns about {specify subject matter, e.g.,
gardening, health}
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 the columns are syndicated or
claim 2f
016 Magazine departments in the field 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 the columns are syndicated or claim 2f
041 Magazine publishing
This refers to the service of
publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
016 Magazine sections in the field 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 the columns are syndicated or claim 2f
016 Magazine supplements to newspapers in the field of
{indicate 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 the columns are syndicated or
claim 2f
009 Magic lanterns
This entry is in the Nice
Classification List in 9. These goods are similar to optical projectors.
001 Magnesium oxides
09-26-2013: Status of entry
changed from “A”-Added to “X”-Example.
006 Magnet wire, namely, copper or aluminum wire covered with
thin insulation for use in the manufacture of electric and electronic
apparatus
This item has no magnetic properties of its own.
005 Magnetic bracelets for medical purposes
Transferred from Class 10 based on Nice Agreement entry “bracelets for medical
purposes” in Class 5.
009 Magnetic cards
Entry deleted because it is
indefinite because it is not a known item (like a gift card) and/or could
encompass a variety of different cards, e.g., “gift cards” or “pre-paid
telephone cards” with different customers and trade channels so the applicant
should state the feature or use of the card to make the trade channels and
customers clear, e.g., “magnetically coded stored value cards, namely, gift
cards,” “magnetically coded stored value cards for making purchases at retail
stores,” etc.
009 Magnetic coded cards for {indicate use, e.g., use as
electronic tickets, use in financial transactions, etc.}
03-01-2002
update included requirement to indicate function or feature of cards. On
01-14-2016, the 03-01-2002 entry was modified by deleting “{indicate function
or feature of cards},” inserting “for,” which was inadvertently left out, and
also by inserting examples of common uses in the bracketed portion of the
ID.
009 Magnetic locators
Magnetic locators are devices
for locating metals containing any ferrous material. Magnetic locators are
commonly used in the construction and public utility industries to locate
water pipes and land survey markers, for example.
009 Magnetically encoded gift cards
On 11-22-2012,
the 7-26-2007 entry of “magnetic coded gift cards” was modified to read
“magnetically encoded gift cards” for clarity.
009 Magnetically encoded blank bank cards for issuance by
financial institutions
Blank magnetically bank cards are often sold
by commercial vendors to financial institutions who then issue them to
individuals.
009 Magnetically encoded identification document, namely,
blank {indicate type of document, e.g., passports, visas, drivers' licenses}
for issuance by {indicate authority, e.g., government agencies, etc.}
Blank magnetically encoded identification documents, such as passports, visa
documents and driver's licenses are often sold by commercial vendors to
governmental organizations who then issue them to individuals.
025 Maillots
05-14-2015: Maillots are women's
one-piece swimsuits; or leotards made from a stretchable jersey fabric for
dancers or gymnasts.
044 Maintaining files and records concerning the medical
condition of individuals
This entry was transferred from Class 42 to
Class 44 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement.
044 Maintaining personal medical history records and files
This entry was transferred from Class 42 to Class 44 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement.
041 Maintaining records and certifying record performances of
amateur athletes
On 10-01-2015, this 08-24-2006 entry was deleted
because it is unclear. Records management services are generally classified as
office functions in Class 35, and certification is not a service under the
Nice Classification. This wording is no longer acceptable.
037 Maintenance and repair of telecommunications networking
hardware, apparatus, and instruments
11-5-09 - “Networks” in the
6-1-01 entry changed to read “networking hardware” since software is a
significant part of a network and the maintenance and repair of software would
be in Class 42. Only maintenance and repair of computers and other hardware in
a network is in Class 37.
037 Maintenance and repair of computer networking hardware
11-5-09 - “Networks” in the 6-1-01 entry changed to read “networking
hardware” since software is a significant part of a network and the
maintenance and repair of software would be in Class 42. Only maintenance and
repair of computers and other hardware in a network is in Class 37.
037 Maintenance and/or repair of {indicate specific item, e.g.
automobiles, furniture, watches}
Note that installation and
maintenance of software is in Class 42, not class 37 as the installation and
maintenance of other items of hard goods as indicated in this bracketed
portion of the ID.
009 Maintenance kits for scanners comprised primarily of sets
of replacement parts for scanners, namely, pick rollers, separation rollers,
brake rollers and pad assemblies and also including cleaning kits for scanners
comprised of liquid cleaners, cleaning sheets, cleaning papers, cleaning
wipes, cleaning cloths and cleaning swabs
07-04-2013: Status changed
from “A” - Added to “X” - example.
037 Maintenance of {indicate specific systems, installations,
or components, e.g., HVAC systems, plumbing installations, refrigeration
systems, etc.}[SEE NOTE FOR EXCEPTIONS]
Maintenance services in Class
37 involve the restoration of objects to their original condition or the
preservation of objects without altering their physical or chemical
properties. Database maintenance and software maintenance are classified in
Class 42 as computer services. Maintenance of data in computer databases is
classified in Class 35 as an office function. Care and maintenance of
animals and maintenance in the nature of gardening services are classified in
Class 44. Legal services, namely, trademark maintenance is classified in
Class 45. Please consult the ID Manual for additional examples of maintenance
services in other classes which are classified according to the particular
nature of the activity provided.
042 Maintenance of computer software used for {specify e.g.,
for operating filling apparatus and machines, Internet access, etc.}
Maintenance of computer software is acceptable wording in Class 42; further
specification as to the particular use for the computer software is
acceptable, but it is not required.
042 Maintenance of on-line databases for others
This
is a programming service analogous to maintenance of software and websites
018 Make-up bags sold empty
If sold complete with
cosmetics or toiletries, these goods would be in Class 3.
003 Make-up foundation
On 04-02-2015, the 07-20-2004
entry “Make up foundations” was amended to “Make-up foundation” to match the
TM5 approved entry.
003 Make-up products for the face and body
Products
can include make-up brushes and make-up brushes would be in class 21 and not
class 3
021 Make-up removing appliances
All make-up removing
appliances are in Class 21 in accordance with the 10th Edition of the Nice
Agreement.
003 Make-up sets
Make-up sets are comprised primarily
of make-up, such as eyeshadow, blush or lip gloss, and may also include
applicators or brushes therefor. Sets comprised solely of make-up applicators
and/or brushes are classified in Class 21.
043 Making hotel reservations for others
This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Making pet identification tags available to others for
security or location purposes
Added “for security or location
purposes” to make it clear that this is a Class 45 service. 06-12-2008 -
Changed “providing” to “making pet identification tags available to others” to
avoid confusion with a retail-type service.
039 Making reservations and bookings for transportation for
{indicate specific group, e.g., choirs, tourists, etc.}
Making
reservations and bookings for transportation is acceptable in Class 39;
further specification as to the particular customers is acceptable, but it is
not required.
039 Making travel and excursion arrangements for bands and
orchestras
On 01-01-2016, this 05-22-2008 entry was deleted, and it
is no longer acceptable under Nice 10-2016, because it is unclear whether
making excursion arrangements encompasses making bookings for transportation
in Class 39 or arranging educational or entertainment activities for tourists
in Class 41. Providing transport for excursions is acceptable wording in Class
39.
032 Malt extracts for making liquors
On 01-03-13, the
08-26-2010 entry was transferred from Class 33 to Class 32 because
“Preparations for making liqueurs” is in the Nice Alphabetical List in Class
32.
032 Malt extracts for making beer
01-03-13: Although
“Malt for brewing and distilling” is classified in Class 31 as a type of
unprocessed grain, malt extracts for making beer are not classified in Class
31 because malt extracts are processed grains. Malt extracts for making beer
are classified in Class 32 because they are comparable to “Extracts of hops
for making beer,” which is in the Nice Alphabetical List in Class 32.
030 Malt extracts used as flavorings for food and
beverages
On 01-01-2015, this 04-02-1991 entry was amended to add the
words “for food and beverages” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015.
031 Malt for brewing and distilling [unprocessed grain]
On 01-03-13, the 04-02-1991 entry was modified by inserting the bracketed
wording. These goods are classified in Class 31 in the Nice Alphabetical List
because they are unprocessed grains. Malt extracts for making beer, on the
other hand, are classified in Class 32 because malt extracts are processed
forms of malt and because these goods are comparable to “Extracts of hops for
making beer,” which is in the Nice Alphabetical List in Class 32.
030 Maltose
09-29-2011: Deleted the 11-04-2010 entry
and replaced it with “Maltose for food” to make clear the purpose of the goods
and the justification for including it in Class 30.
044 Managed health care services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
035 Management (Office space)
This entry was
considered ambiguous because the nature of the service was difficult to
define.
035 Management and business consulting services in the field
of training and recruitment
On 10-03-2013, this 11-01-2007 ID was
deleted because it is overly broad.
042 Management and consultation in the field of human factors
engineering
Human factors engineering is the relationship of people
with their work environment in the context of providing ergonomic work places.
On 5-5-2011, this 6-1-2004 ID was deleted because the word “management” in the
ID is indefinite.
035 Management consulting and advisory services in the areas
of corporate growth strategy, innovation and growth processes, organizational
transformation, and talent management and development strategies
09-26-2013: Entry status changed from “A” added to “X” example.
036 Management of buildings
This refers to the real
estate management of building, e.g., renting space. Note that hotel management
for others is in Class 35.
016 Manga comic books
Comic books is acceptable
wording; further specification is acceptable, but it is not required.
016 Manga graphic novels
Graphic novels is acceptable
wording; further specification is acceptable, but it is not required.
006 Manganese
Manganese is a metallic element and
appears in the Nice Alphabetical List in Class 6.
042 Manhole intrusion monitoring services
On
08-09-2012, the 05-22-2008 entry was deleted because the purpose of the
monitoring services is ambiguous and therefore, the proper classification is
not clear.
042 Manhole monitoring services
On 08-09-2012, the
05-22-2008 entry was deleted because the purpose of the monitoring services is
ambiguous and therefore, the proper classification is not clear.
044 Manicuring
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
025 Maniples
05-14-2015: A maniple is an ornamental
silk band hung as an ecclesiastical vestment on the left arm near the
wrist.
025 Mantillas
05-14-2015: A mantilla is a light scarf
worn over the head and shoulders.
008 Manually operated hand held tool for the purpose of
dispensing plastic wrap around pallets or product for the purpose of shipping,
transporting or storage
While all hand-operated or manually-operated
tools (that is, tools powered by hand, 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 also hand held.
006 Manually operated metal valves
Note that
automatic control valves are in Class 9; valves being machine parts and engine
valves for vehicles and machinery are in Class 7; valves for plumbing 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.
008 Manually operated shop tools for work on motorcycles,
namely, chain breaker tool, chain riveting tool, chain press tool, chain
alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire
irons, tappet adjustment tools, valve shim tools, tappet feeler gauge,
carburetor jet wrenches, clutch holding tool, piston pin removing tool, spring
removing tool, timing cover wrench, oil filter wrench, shock absorber wrench,
axle wrench, fly wheel puller tool, clutch puller tool and magneto flywheel
puller tool
08-08-2013: Status of entry changed from “A” added to “X”
example.
008 Manually-operated basket presses
Basket presses
are used in the wine industry for crushing grapes to release the juices for
wine making. Power-operated basket presses are in Class 7.
008 Manually-operated capstans
Capstans are generally
power-operated machines in Class 7. When capstans are manually-operated, that
feature must be indicated in the ID, and the manually-operated capstans are
classified in Class 8.
016 Manually-operated credit card imprinters
On
03-28-2013, this 08-01-2005 entry was transferred from Class 8 to Class 16
because “Credit card imprinters, non-electric” is in the Nice Alphabetical
List in Class 16.
008 Manually-operated edge sharpeners for skis and
snowboards
Sharpening instruments are in the Nice Alphabetical List
in Class 8.
011 Manually-operated plumbing valves
Class 11
includes valves for plumbing and heating and cooling installations regardless
of material composition. If not for these purposes, note that manually
operated metal valves are in Class 6; valves being machine parts and engine
valves 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 operated valves are in Class 20.
001 Manure
This is a fertilizing growth medium. Note
that non-fertilizing growth media, such as mulch, peat moss and top soil, are
in Class 31.
006 Maple syrup taps of metal
Maple syrup taps are
also called “spouts” or “spiles.”
020 Maple syrup taps, not of metal
Maple syrup taps
are also called “spouts” or “spiles.”
032 Maple water
Maple water is obtained from the
natural filtering system of maple trees.
042 Mapping services
On 8-2-2012, this 4-2-1991 entry
was amended to add the word “services” to the ID to read, “mapping
services.”
019 Marble
On 02-09-2012, this 04-02-1991 was deleted
from the Manual. While this wording is still acceptable in Class 19, it is
already covered by the existing entry “Marble [building material]” which
provides more guidance to the Manual users.
011 Marine sewage holding tanks
Marine sewage holding
tanks are classified in Class 11 because they are components of the plumbing
systems on marine vessels, and “Apparatus for…water supply and sanitary
purposes” is in the Class 11 Heading.
016 Markers
No longer a trilateral entry as of
6-28-07 but still acceptable in the USPTO.
035 Market manipulation research and analysis, whether or not
via the internet
06-16-2011: This entry was changed to correct a
typographical error by deleting the comma after “manipulation.”
035 Marketing advisory services in the field of {specify
field, e.g., dentistry, restaurants, travel, etc.}
“Marketing
advisory services” is an acceptable identification; further specifying the
field is acceptable, but it is not required.
035 Marketing and branding services, namely, performing
consumer insight and brand strategy of company logos
On 5-26-2011,
this 7-31-2008 entry was deleted because it is so similar to an existing
Manual entry
035 Marketing and consulting services in the field of
promoting and tracking the goods, services, and brands of others through all
public communication means
On 5-26-2011, this 8-20-2009 entry was
amended to delete the wording after “through all public communication means.”
The deleted wording at the end of the ID, “particularly specializing in the
use of mobile, social, and print media to drive consumer interest, engagement
and action” is too specific to be helpful to a broad range of customers.
035 Marketing research services in the field of {specify,
e.g., cosmetics, perfumery, restaurants, etc.}
Marketing research
services is acceptable wording; further specification is acceptable, but it is
not required.
035 Marketing services
1-1-2012 This entry was added
pursuant to the 10th Edition of the Nice Agreement. When listed by itself, an
identification for “marketing” should include the term “services.” This entry
refers to the promoting of the goods and services of others. Prior to January
1, 2012, the USPTO considered “marketing” indefinite because it could
encompass promotional services and could also reasonably refer to a
retail-type activity. While a retail-type service would also be classified in
Class 35, the nature and purpose of a retail-type marketing service is so
different from a promotion or advertising-type marketing service that
“marketing” was not previously definite. Effective January 1, 2012, “marketing
services” is acceptable.
035 Marketing services for the {indicate specific goods or
services of others, e.g., hotels, cosmetics, jewelry, etc.} of others
This entry refers to the promoting of the goods and services of others.
035 Marketing services in the nature of {specify type of
marketing activities, e.g., providing hyperlinks to websites of others,
distributing coupons, developing marketing campaigns, etc.}
Marketing
services is acceptable in Class 35; further specifying the nature of the
marketing activities is acceptable, but is not required.
035 Marketing services in the field of {specify field, e.g.,
dentistry, restaurants, travel, etc.}
Marketing services is an
acceptable identification in Class 35. Further specification of the specific
field or industry is permissible, but not required. When listed by itself, an
identification for marketing should include the term services. This entry
refers to the promoting of the goods and services of others.
035 Marketing services, namely, creating corporate logos for
others
This activity does not include graphic design services in
Class 42.
035 Marketing services, namely, providing videos to promote
{indicate specific field or services}
1-1-2012 While this wording is
still acceptable, the entry of 10-29-2009 has been deleted from the Manual
because the wording is very specific, and the classification principle is
covered by the new entry “Marketing services” in Class 35, which was added to
the Manual as a separate entry pursuant to the 10th Edition of the Nice
Agreement. Although specification of the term is acceptable, it is not
required. When listed by itself, an identification for “marketing” should
include the term “services.” This entry refers to the promoting of the goods
and services of others.
035 Marketing services, namely, providing on-line
non-downloadable videos to promote doctors and medical practices
1-1-2012 While this wording is still acceptable, the entry of 3-26-2009 has
been deleted from the Manual because the wording is very specific, and the
classification principle is covered by the new entry “Marketing services” in
Class 35, which was added to the Manual as a separate entry pursuant to the
10th Edition of the Nice Agreement. Although specification of the term is
acceptable, it is not required. When listed by itself, an identification for
“marketing” should include the term “services.” This entry refers to the
promoting of the goods and services of others. 10-03-2013: Acceptable entry
status changed from “D” deleted to “X” example. On 01-01-2014, this 10-03-2012
entry was deleted pursuant to the Nice Classification, Tenth edition, version
2014, effective 1-1-14, services involving “providing on-line videos, not
downloadable” are classified in Class 41, regardless of the subject matter of
the videos.
035 Marketing services, namely, providing informational web
pages designed to generate sales traffic via hyperlinks to other web sites
1-1-2012 While this wording is still acceptable, the entry of 5-1-2005
has been deleted from the Manual because the wording is very specific, and the
classification principle is covered by the new entry “Marketing services” in
Class 35, which was added to the Manual as a separate entry pursuant to the
10th Edition of the Nice Agreement. 10-24-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Marketing services, namely, promoting or advertising the
goods and services of others
The terms marketing and “marketing
services” cannot be used alone. This identification should be used as an
entire phrase. Marketing services can reasonably refer to a retail-type
activity or marketing can refer to promoting or advertising the goods and
services of others. While both types of marketing services are classified in
Class 35, the nature and purpose the respective services is very
different.
035 Marketing services, namely, retail store services in the
field of {indicate field or type of goods}
The terms “marketing” and
“marketing services” cannot be used alone. This identification should be used
as an entire phrase. Marketing services can reasonably refer to a retail-type
activity or marketing can refer to promoting or advertising the goods and
services of others. While both types of marketing services are classified in
Class 35, the nature and purpose the respective services is very different.
1-1-2012 “Marketing services“ was added to the Manual as a separate entry
pursuant to the 10th Edition of the Nice Agreement. This new entry refers to
the promoting of the goods and services of others. Since “Marketing services”
usually refers to the promoting of the goods and services of others, not
retail store services, this entry of 3-3-2001 has been deleted. The existing
entry “Retail store services featuring {indicate field of goods}” is in the
Manual in Class 35.
035 Marketing services, namely, promotional services in the
field of planned-giving for non-profit and charitable organizations
8-26-10 - “namely, promotional services” was added to the 8-16-07 entry.
Marketing includes promotional services as well as retail-type services. While
they're both in 35, they're very different services. This service is for
promoting the organizations.
035 Marketing services, namely, promotional services for the
memorabilia and collectables of others
8-26-10 - the 5-20-10 entry
“Marketing services in the field of memorabilia and collectables” was changed
to Marketing services, namely, promotional services for the memorabilia and
collectables of others. Marketing includes promotional services as well as
retail-type services. While they're both in 35, they're very different
services. This service is for promoting the goods of others. 1-1-2012 While
this wording is still acceptable, this entry of 8-26-2010 has been deleted
from the Manual because the wording is very specific, and the classification
principle is covered by the new entry “Marketing services” in Class 35, which
was added to the Manual as a separate entry pursuant to the 10th Edition of
the Nice Agreement. Although specification of the term is acceptable, it is
not required. When listed by itself, an identification for “marketing” should
include the term “services.” This entry refers to the promoting of the goods
and services of others. 07-11-2013: Status of acceptable entry changed from
“D” - Deleted to “X” - Example.
035 Marketing the goods and services of others by means of
push notification technology
Push notification technology is software
technology for transmitting electronic communications through an open IP
connection directly from a central server to a wireless device, such as a
smartphone or tablet, based on the user's preferences or subscription. Push
notifications commonly appear as custom text alerts.
035 Marketing, advertising, and promoting the retail goods and
services of others through wireless electronic devices
On 08-03-11
this 03-12-09 entry was modified from “Marketing, advertising, and promoting
the retail goods and services of others to wireless electronic devices” to
clarify that the services are done by means of the wireless electronic devices
and not “to” the devices.
035 Marketing, advertising and promoting the goods and
services of others in the field of travel and tourism, namely, providing
information via mail and electronic mail
On 5-26-2011, this 9-11-2011
entry was deleted because it is so similar to other existing entries in the
Manual.
035 Marketing, promotional and advertising services provided
by mobile telephone connections
This refers to a combined item -- not
three separate items. The term “marketing” and “promotional” services cannot
be used by themselves. Marketing services by themselves can refer to a
retail-type activity. In the context of the language of this ID, marketing
refers to promoting or advertising the goods and services of others. While a
retail service would be in Class 35, the nature and purpose of that type of
service is very different from an advertising type of service. The promotional
services must also be linked with the marketing and/or advertising
services.
009 Markush group, namely, loudspeaker systems consisting of
loudspeakers, amplifiers and one or more of the following: radio tuner,
compact disc player and tape player
This item was deleted because
MARKUSH is a proprietary term although not a registered mark and it was
creating problems to keep it in the Manual. The goods in the group are all
properly classified in Class 9.
029 Marmalade
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
045 Marriage bureaus
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
045 Marriage counseling
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
030 Marshmallow
09-26-2013: Status of entry changed
from “A”-Added to “X”-Example.
028 Martial arts training equipment
02-28-2013 - This
entry refers to sports articles such as nunchucks, forearm kick shields, and
breaking boards.
003 Mascaras
09-26-2013: Status of entry changed from
“A”-Added to “X”-Example.
021 Mason jars
Mason jars are airtight glass jars for
preserving food.
044 Massage
This entry was transferred from Class 42
to Class 44 due to the restructuring of Class 42 that was implemented in the
8th edition of the Nice Agreement.
003 Massage oils
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
020 Massage tables
Goods were transferred from Class
10 by analogy with hospital beds. Massage tables, in themselves, do not
provide therapy or treatment.
044 Massage therapy services for {specify individual or group,
e.g., women, men, horses, dogs, etc.}
Massage therapy is acceptable
wording in Class 44; further specification as to the particular group or
individual receiving the therapy is acceptable, but it is not required.
044 Massages
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
014 Master clocks
Master clocks regulate or give
movement to distant clocks, especially by electricity.
034 Match boxes of precious metal
Transferred from
Class 14 in accordance with 9th Edition of Nice Agreement.
034 Match holders of precious metal
Transferred from
Class 14 in accordance with 9th Edition of Nice Agreement.
030 Matcha
Matcha is powdered green tea.
045 Matchmaking services
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
025 Maternity clothing, namely, {indicate specific items,
e.g., shirts, pants, shorts, etc.}
Maternity belts are classified in
Class 10, because they serve a medical purpose
028 Matryoshka dolls
On 01-01-2016, this 01-01-2015
entry was modified to delete “[wooden nested Russian dolls]” to align the
entry with the Alphabetical List under the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
018 Mats and pads made of fabric for use with animal
training
06-20-2013: This entry of 07-01-2001 was deleted as it
includes goods that could be classified in multiple classes. “Disposable
housebreaking pads for use in training puppies” are classified in Class 16,
and “Reusable fabric housebreaking pads for pets” are in Class 24.
004 Mazut
Mazut is a liquid residue remaining after
the distillation of petroleum and which is primarily used as a fuel oil.
005 Meal for pharmaceutical purposes
These goods are
in the Nice Alphabetical List in Class 5. Meal refers to crushed grain.
005 Meal replacement bars
On 1-1-2012, the 07-01-2004
entry was deleted because it is no longer acceptable under the 10th Edition of
the Nice Agreement. Meal replacement bars and drinks adapted for medical use
are in Class 5, and meal replacement bars and drinks not for medical purposes
are in Classes 29-33 depending on the nature of the goods. This wording is too
broad for classification in Classes 29-33 and must be further specified.
005 Meal replacement drinks
On 1-1-2012, the
04-02-1991 entry was deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement. Meal replacement bars and drinks adapted for
medical use are in Class 5, and meal replacement bars and drinks not for
medical purposes are in Classes 29-33 depending on the nature of the goods.
This wording is too broad for classification in Classes 29-33 and must be
further specified.
005 Meal replacement powders
On 1-1-2012, the
04-02-1991 entry was deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement. Meal replacement bars and drinks adapted for
medical use are in Class 5, and meal replacement bars and drinks not for
medical purposes are in Classes 29-33 depending on the nature of the goods.
This wording is too broad for classification in Classes 29-33 and must be
further specified.
005 Meal replacement shakes
On 1-1-2012, the
11-01-2004 entry was deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement. Meal replacement bars and drinks adapted for
medical use are in Class 5, and meal replacement bars and drinks not for
medical purposes are in Classes 29-33 depending on the nature of the goods.
This wording is too broad for classification in Classes 29-33 and must be
further specified.
005 Meal replacement snacks
On 1-1-2012, the
09-18-2008 entry was deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement. Meal replacement bars and drinks adapted for
medical use are in Class 5, and meal replacement bars and drinks not for
medical purposes are in Classes 29-33 depending on the nature of the goods.
This wording is too broad for classification in Classes 29-33 and must be
further specified.
009 Measuring rulers
Measuring rulers are classified
in Class 9, pursuant to the Nice Alphabetical List entry “Rulers [measuring
instruments].” Please consult the Manual for examples of rulers that are not
primarily measuring instruments which are classified in other classes.
029 Meat extract
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
029 Meat, fish, poultry and game, not live
On
5-23-2013, the 11-22-2007 entry was amended to add the wording “not live”
because “fish” is overly broad and could include live fish. Live animals are
generally classified in Class 31.
007 Mechanical parking systems
Mechanical parking
systems are comprised primarily of machines for lifting vehicles and moving
them within storage spaces. Mechanical parking systems make efficient use of
parking garages by parking and storing vehicles on multiple levels within a
single-story garage.
007 Mechanical presses for metalworking
On
06-25-2015, this 07-20-2004 entry was modified to incorporate the bracketed
wording “[for metalworking]” into the identification in order to clarify the
purpose of the goods.
017 Mechanical seals (Non-metal)
This entry was
deleted because all seals used in machinery are in Class 7 regardless of
material composition.
042 Mechanical testing of materials
Mechanical
testing of materials shows whether the materials are suitable for their
intended applications by measuring their physical properties such as
elasticity, tensile strength, hardness, etc. Materials testing is acceptable
wording; further specification is also acceptable, but it is not required.
009 Mechanic’s stethoscopes
Mechanic’s stethoscopes,
also known as “automotive stethoscopes,” are non-medical inspection devices in
the form of stethoscopes that are used to detect automotive and mechanical
problems by allowing users to hear, amplify, and trace sounds in engines,
transmissions, and other automotive parts.
011 Mechanized livestock waterers
Previously in Class
7; transfer to Class 11 due to revision in the 8th edition of the Nice
Agreement.
042 Media duplication of data and digital information
10-8-09 - the 4-2-91 entry was transferred from Class 40 since duplication of
data and digital information is an electronic process in Class 42 and not a
material treatment in Class 40.
005 Media for bacteriological cultures
4/30-09 - All
types of bacteriological nutritive media are in Class 5 regardless of whether
they are for medical or scientific or research use. This is based on the entry
in the Nice Alphabetical List for “media for bacteriological cultures” in
Class 5 only.
045 Mediation [legal services]
Transferred from Class
42 pursuant to the 9th edition of the Nice Agreement. Mediation in the areas
of commercial or business matters is in 35.
005 Medical adhesives for binding internal tissue
These goods are classified in Class 5 because they are primarily in the nature
of medical preparations, and preparations for medical purposes is in the Class
5 Explanatory Note.
005 Medical adhesives for binding wounds
08-09-2012:
These goods are classified in Class 5 because they are primarily in the nature
of medical preparations, and “preparations for medical purposes” is in the
Class 5 Explanatory Note.
045 Medical alarm monitoring services
08-09-2012:
Monitoring services in Class 45 typically involve observation of an activity
or physical condition for security purposes, e.g., dispatching of emergency
personnel when changes in conditions occur. The services described in this
entry are not for medical diagnosis or treatment purposes; instead, the
service providers notify an ambulance or other emergency responder when the
alarm sounds.
042 Medical and scientific research, namely, conducting
clinical trials for others
On 01-01-12 this 06-01-01 entry was
modified to add “for others” in order to clarify that conducting one's own
clinical trials does not constitute a service. Please note, that for use-based
applications the specimen must show that this activity is being done for the
benefit of others.
010 Medical apparatus for spinal disc repair
On
03-20-2014, the 12-03-2009 entry “Medical devices, namely, devices for spinal
disc repair in the nature of an apparatus used in spinal disc repair
procedures” was amended to “Medical apparatus for spinal disc repair” to
simplify the entry.
010 Medical apparatus, namely, an extremity garment donning
assist device for use by physically disabled persons
On 04-19-2012,
the 05-28-2009 entry was amended by deleting “handicapped” and inserting
“disabled.”
010 Medical apparatus, namely, infusion and injection devices
for administering drugs
These goods are sold without pharmaceuticals
in them. If they are sold filled with pharmaceuticals, the pharmaceutical must
be properly identified and the goods are in Class 5.
010 Medical apparatus, namely, ladder-type device to assist
physically disabled individuals in transferring from one position to
another
On 04-19-2012, the 04-05-2007 entry was amended by deleting
the word “handicapped” and inserting the word “disabled.”
010 Medical apparatus, namely, adhesive tape for sealing
plastic ice bags
On 08-09-2012, this 11-25-2010 entry was deleted
because the adhesive tape is not for the treatment or diagnosis of a physical
condition, and there is no justification for classifying it in Class 10.
010 Medical bags sold empty
6-10-10 - The 4-1-05
entry was deleted because it caused confusion with medical bags for holding
medication in Class 5, general use medical bags in Class 18 and medical bags
specially adapted for holding specific medical equipment in Class 10. These
other possibilities are covered by other entries in the Manual so this entry
that can cause confusion with the others has been deleted.
010 Medical balloons for use in {indicate, e.g., angioplasty,
sinus surgery, etc.}
Medical balloons is acceptable wording; further
specification is acceptable, but it is not required.
035 Medical billing outsourcing services
On
07-18-2013, the 07-16-2009 entry was deleted because it is unclear whether it
involves outsourcing services in the nature of arranging service contracts for
others in Class 35, or whether it involves medical billing services rendered
by an outsource service provider in Class 35. Although these services are in
the same class, they are different in nature. Please see “Outsourcing services
in the nature of arranging service contracts for others” in Class 35, and
“Outsource service provider in the field of {indicate service, e.g., food
preparation, medical billing, IT consulting, etc.} [classification depends on
services being rendered by the outsource service provider]” in Class 000.
044 Medical camouflaging services
Medical
camouflaging is a cosmetic service consisting of tattooing or applying
permanent make-up for the purpose of reducing the appearance of scars, uneven
skin pigmentation, skin damage, and the like.
044 Medical clinic providing weight loss solutions, services
and programs, nutrition counseling, hormone therapy, including, bioidentical
hormone replacement, anti aging therapy, and natural hormone therapy, medical
aesthetic procedures, including, laser hair removal, laser peels, botulinum
toxin treatments, microdermabrasion, liposuction, vein treatments, vein
therapy, cellulite treatments, body contouring treatments, injectable filler
treatments, facials, and skin care
09-05-2013: Entry status changed
from “A” added to “X” example.
044 Medical clinics
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
044 Medical clowning services
Medical clowning
services are health care services, generally provided in hospitals or medical
centers, by specially trained clowns that utilize humor and laughter to aid in
the healing process.
044 Medical counseling
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
010 Medical device, namely, a small cushioned rope embedded
with activated charcoal to be worn across a person's anus for minimizing the
sound and odor of flatulence
06-06-2013: Status of entry changed from
added “A” to example “X”
010 Medical devices and apparatus, namely, hernia mesh
comprised primarily of artificial materials, memory coil, a memory coil as a
component of hernia mesh, and parts and fittings therefor
On
09-19-2013, this 03-13-2008 entry was amended from “Medical devices and
apparatus, namely, hernia mesh, memory coil, a memory coil as a component of
hernia mesh, and parts and fittings therefor” to the current ID to make clear
that the mesh is made of artificial materials.
010 Medical devices and apparatus, namely, hernia mesh and
components of hernia mesh comprised primarily of artificial materials, and
parts and fittings for all of the aforesaid goods
On-09-19-2013, this
12-31-2009 ID was amended from “Medical devices and apparatus, namely, hernia
mesh and component of hernia mesh, and parts and fittings for all of the
aforesaid goods” to the current ID to make clear that the mesh and components
of the hernia mesh are made primarily of artificial materials.
010 Medical devices and apparatus, namely, mesh graft made
primarily of artificial materials for pelvic floor reconstruction
On
09-19-2013, this 11-26-2009 ID was amended from “Medical devices and
apparatus, namely, mesh graft for pelvic floor reconstruction” to the current
ID to make clear that the mesh graft is made primarily of artificial
materials.
010 Medical devices for spinal disc repair in the nature of
spinal disc implants made from artificial substances
On 03-20-2014,
the 12-03-2009 entry was amended to replace “Medical devices, namely, devices”
with “Medical devices” to simplify the identification.
010 Medical devices, namely, pulse generators for {indicate
medical use, e.g., neurostimulation, cardiac rhythm management, muscle
stimulation, etc.}
Pulse generators are types of electronic circuits
and electronic testing equipment, both in Class 9, as well as medical devices
in Class 10.
044 Medical diagnosis and treatment of {indicate condition or
disease, e.g., speech disorders, breast cancer, infertility, etc.}
“Medical diagnosis of {indicate condition or disease, e.g., speech disorders,
breast cancer, infertility, etc.}” encompasses medical diagnosis services
only. “Medical treatment of {indicate condition or disease, e.g., speech
disorders, breast cancer, infertility, etc.}” encompasses medical treatment
services only. “Medical diagnosis and treatment of {indicate condition or
disease, e.g., speech disorders, breast cancer, infertility, etc.}”
encompasses both medical diagnosis and medical treatment services. Applicants
may select any applicable descriptions, but applicants seeking to cover both
services are not required to select all three descriptions.
044 Medical diagnosis of {indicate condition or disease, e.g.,
speech disorders, breast cancer, infertility, etc.}
“Medical
diagnosis of {indicate condition or disease, e.g., speech disorders, breast
cancer, infertility, etc.}” encompasses medical diagnosis services only.
“Medical treatment of {indicate condition or disease, e.g., speech disorders,
breast cancer, infertility, etc.}” encompasses medical treatment services
only. “Medical diagnosis and treatment of {indicate condition or disease,
e.g., speech disorders, breast cancer, infertility, etc.}” encompasses both
medical diagnosis and medical treatment services. Applicants may select any
applicable descriptions, but applicants seeking to cover both services are not
required to select all three descriptions.
009 Medical diagnostic simulators for use as teaching aids for
{specify nature of procedures, e.g. endoscopy, laparoscopy, angioplasty,
etc.}
02-28-2013 - Medical diagnostic simulators are in the nature of
computer hardware and software-based apparatus designed to re-create the
process of analyzing patient symptoms, making medical diagnoses, and
evaluating the diagnoses for accuracy. These goods are classified in Class
according to their function as computer hardware and software, and their
purpose as “teaching apparatus” further supports classification in Class
9.
044 Medical dosimetry services for treating {indicate
condition, e.g., cancer, etc.}
Medical dosimetry is the practice of
determining the correct dosage of radiation for treating particular physical
conditions including cancer. Dosimetry monitoring services are in Class
42.
044 Medical evaluation services, namely, functional assessment
program for patients receiving medical rehabilitation services for purposes of
guiding treatment and assessing program effectiveness
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
005 Medical foodstuff additives for veterinary use
1-5-2012 This entry of 12-31-2009 has been deleted under the 10th Edition of
the Nice Agreement since “Additives to fodder for medical purposes” has been
deleted from the Nice Alphabetical List. Additives in the nature of dietary
supplements for humans or for animals are in Class 5.
006 Medical grade wire for use in the manufacture of medical
devices
This is not a finished medical device in Class 10. These
goods consist of wire used to make other goods.
010 Medical imaging apparatus for {indicate medical use, e.g.,
diagnosing medical conditions, use in surgical procedures, etc.}
Medical imaging apparatus is acceptable wording; further specification is
acceptable, but it is not required.
010 Medical imaging apparatus for use in the field of
{indicate, e.g., iridology, sclerology, etc.}
Medical imaging
apparatus is acceptable wording; further specification is acceptable, but it
is not required.
044 Medical information services, namely, reporting of
consumer authorized clinical testing results directly to the patient
06-12-2008 - changed “medical testing” to “medical information” to avoid
confusion with medical laboratory testing services in Class 42 since the
purpose of this service is to provide medical information to patients in the
form of test results 01-28-2010 - Based on a user request, the 06-12-2008
entry “Medical information, namely, consumer-authorized clinical laboratory
testing services that report results directly to the patient was changed to
“Medical information services, namely, reporting of consumer authorized
clinical testing results directly to the patient” to further avoid confusion
with a Class 42 laboratory service.
010 Medical instruments for measuring and displaying {indicate
type of physiological data, e.g., blood pressure, lung capacity, etc.}
Medical instruments are for medical diagnosis or treatment of physical
conditions.
009 Medical laboratory research instruments for {specify,
e.g., detecting pathogens, DNA analysis, thermal imaging, etc.}
Scientific and medical instruments and apparatus for research use are in Class
9, as referenced in the Class 9 Heading Explanatory Note “This Class includes,
in particular: apparatus and instruments for scientific research in
laboratories.”
044 Medical services
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
044 Medical services, namely, {specify the medical services
that are being performed, e.g., in vitro fertilization, treatment of chronic
pain, orthopedic surgery, etc.}
On 07-19-12, the 07-01-06 entry
“medical services, namely {indicate field of medical care” was amended to
change the bracketed language to “{specify the medical services that are being
performed, e.g., in vitro fertilization, treatment of chronic pain, orthopedic
surgery, etc.}”.
044 Medical services, namely, in vitro fertilization
This entry was transferred from Class 42 to Class 44 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
044 Medical spa services, namely, minimally and non-invasive
cosmetic and body fitness therapies
09-05-2013: Entry status changed
from “A” added to “X” example.
010 Medical supply organizer specially adapted for holding
medical instruments and pharmaceuticals for use in pediatric resuscitation
09-05-2013: Entry status changed from “A” added to “X” example.
010 Medical test kits for diabetes monitoring for home use
There is no preparation used in association with this kit - it is only a
device. Therefore, it has been transferred from Class 5 to Class 10.
044 Medical testing for diagnostic or treatment purposes
This entry was transferred from Class 42 to Class 44 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement.12-17-09 - “for diagnostic or treatment purposes” was added to the
1-1-02 entry to avoid confusion with medical testing services for research
purposes in Class 42.
044 Medical testing of urine, blood, hair follicles and
breath
09-05-2013: Entry status changed from “A” added to “X”
example.
039 Medical transport services for {specify intended users or
purpose, e.g., travelers, evacuation purposes, etc.}
Medical
transport services is acceptable wording in Class 39; further specification of
the intended users or purpose is acceptable, but it is not required.
044 Medical treatment of {indicate condition or disease, e.g.,
speech disorders, breast cancer, infertility, etc.}
“Medical
diagnosis of {indicate condition or disease, e.g., speech disorders, breast
cancer, infertility, etc.}” encompasses medical diagnosis services only.
“Medical treatment of {indicate condition or disease, e.g., speech disorders,
breast cancer, infertility, etc.}” encompasses medical treatment services
only. “Medical diagnosis and treatment of {indicate condition or disease,
e.g., speech disorders, breast cancer, infertility, etc.}” encompasses both
medical diagnosis and medical treatment services. Applicants may select any
applicable descriptions, but applicants seeking to cover both services are not
required to select all three descriptions.
010 Medical waste containers for the disposal of {specify
medical products, e.g., needles, surgical gloves, etc.}
Medical waste
containers is an acceptable identification in Class 10; further specification
of the types of goods for which the containers are used is acceptable, but not
required.
005 Medicated anti-cavity dental rinses
10-7-10 - the
4-2-10 entry “anti-cavity dental rinses” was changed to the current language
in order to avoid confusion with mouthwashes that are in 3 and also have an
anticavity property.
005 Medicated anti-cavity mouthwashes
10-7-10 - the
4-2-10 entry “anticavity mouth rinses” was changed to the current language in
order to avoid confusion with mouthwashes that are in 3 and also have an
anticavity property.
005 Medicated douches
12-23-10 - the 4-2-91 entry
“douches” was changed to “medicated douches” to differentiate it from the
“non-medicated douches” in Class 3
003 Medicated soap
All soaps are in Class 3 even if
medicated.
003 Medicated soaps
All soaps are in Class 3 even if
medicated. 10-24-2013: Status of entry changed from “A”-Added to
“X”-Example.
005 Medicinal tea used for the treatment of {specify disease
or physical condition, e.g., asthma, chest congestion, etc.}
Medicinal tea is an acceptable identification in Class 5. Further
specification of the specific disease or physical condition treated is
permissible, but not required.
016 Meditation beads
Meditation beads are classified
in Class 16 based on the classification of rosaries in Class 16. Meditation
beads are similar to prayer beads and do not serve a purpose of personal
adornment.
028 Meditation blankets
The dictionary definition of
meditation is: Quiet thought that helps you to relax or is intended as a
spiritual or religious exercise. Meditation is more than just sitting; it is
an activity. Additionally, meditation is generally considered a component of a
personal yoga practice. Accordingly, meditation mats, blankets, and cushions
are comparable to the same goods used for yoga, and are classified in 28.
028 Meditation cushions
The dictionary definition of
meditation is: Quiet thought that helps you to relax or is intended as a
spiritual or religious exercise. Meditation is more than just sitting; it is
an activity. Additionally, meditation is generally considered a component of a
personal yoga practice. Accordingly, meditation mats, blankets, and cushions
are comparable to the same goods used for yoga, and are classified in 28.
028 Meditation mats
The dictionary definition of
meditation is: Quiet thought that helps you to relax or is intended as a
spiritual or religious exercise. Meditation is more than just sitting; it is
an activity. Additionally, meditation is generally considered a component of a
personal yoga practice. Accordingly, meditation mats, blankets, and cushions
are comparable to the same goods used for yoga, and are classified in 28.
041 Meeting and seminar arranging
8-19-10 The
language of this 7-20-04 trilateral entry has proved too broad for continued
acceptance in the USPTO. It can include services in Class 35 if the meetings
are for business purposes.
035 Membership club services providing discounts to members on
real estate commissions and mortgage fees
12-12-2013 - “Membership
club services“ is indefinite and overbroad and must be further specified.
These services are classified according to the particular type of service
specified. For example, “Membership club services providing discounts and
processing rebates for the services of others“ is in Class 35, while
“Membership club services, namely, providing business training to members“ is
in Class 41.
035 Membership club services, namely, providing on-line
information to members in the fields of branding, business development,
business marketing, and marketing
12-12-2013 - “Membership club
services“ is indefinite and overbroad and must be further specified. These
services are classified according to the particular type of service specified.
For example, “Membership club services providing discounts and processing
rebates for the services of others“ is in Class 35, while “Membership club
services, namely, providing business training to members“ is in Class 41.
036 Membership club services, namely, providing information to
members in the fields of real estate, mortgages and debt elimination
12-12-2013 - “Membership club services“ is indefinite and overbroad and must
be further specified. These services are classified according to the
particular type of service specified. For example, “Membership club services
providing discounts and processing rebates for the services of others“ is in
Class 35, while “Membership club services, namely, providing business training
to members“ is in Class 41.
035 Membership club services providing discounts and
administrative processing of rebates for the services of others
12-12-2013 - ’Membership club services’ is indefinite and overbroad and must
be further specified. These services are classified according to the
particular type of service specified. For example, ’Membership club services
providing discounts and processing rebates for the services of others’ is in
Class 35, while ’Membership club services, namely, providing business training
to members’ is in Class 41. 01-01-2016: On 01-01-2016, this 03-15-2007 entry
was modified to replace “processing rebates” with “administrative processing
of rebates” to make clear the nature of the activity and the justification for
classification in Class 35 as a business service. Services that involve the
transfer of funds are classified in Class 36. For example, providing rebates
for credit card users as part of a loyalty program is classified in Class 36
as a financial service because it involves the payment of money.
041 Membership club services, namely, providing training to
members in the field of {specify, e.g., business, professional development,
self-improvement, etc.}
12-12-2013 - “Membership club services” is
indefinite and overbroad and must be further specified. These services are
classified according to the particular type of service specified. For example,
“Membership club services providing discounts and processing rebates for the
services of others” is in Class 35, while “Membership club services, namely,
providing business training to members” is in Class 41.
014 Memorial jewelry
Memorial jewelry commemorates
the death of a loved one.
025 Men's underwear
On 01-08-2015, the status of this
entry was changed from “A”- Added to “X” - Example. Underwear is acceptable
wording; further specification is acceptable, but it is not required.
005 Menstrual underwear
Although underwear is
generally classified as clothing in Class 25, menstrual underwear is
classified in Class 5 because the goods are comparable to menstruation
knickers, which appear in the Nice Alphabetical List in Class 5.
044 Mental health services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
016 Merchandise bags
02-02-2012: Merchandise bags are
the paper or plastic bags that retail stores give to consumers to carry the
purchased items. Bags for packaging merchandise are bags into which the
manufacturers put the goods before distributing them to the retail store for
sale to the consumer. Those bags for packaging merchandise are classified
according to material composition.
039 Merchandise packaging for others
7-30-09 - Entry
of 4/2/91 transferred from Class 35 to be consistent with other packaging
services. Indication “for others” added to avoid applicants who package their
own goods from using this ID.
035 Merchandising services for inducing the purchasing public
to buy the goods of others through a promotional gift redemption program
08-01-2013: Acceptable entry status changed from “A” added to “X”
example.
030 Meringue powder
Meringue powder is a powder
comprised primarily of dried egg whites, sugar and cornstarch that is commonly
used to make confectionery icing.
030 Meringues
Meringues are a pastry or pastry shell
made by baking beaten egg whites and sugar or hot syrup. The term “meringue”
may also refer to a topping for pies and cakes comprised of a baked mixture of
stiffly beaten egg whites and sugar.
038 Message sending, receiving and forwarding
[transmission]
3-10-11 “transmission” in brackets was added to the
1-17-2008 trilateral entry.
006 Metal audio speaker mounts and mounting brackets with
swiveling bases therefor
On 04-10-2014, this 09-27-2007 entry was
deleted and replaced with “Mounts and mounting brackets adapted for audio
speakers with swiveling bases therefor” in Class 9.
021 Metal baskets for domestic use
Baskets for
domestic use is an acceptable identification. However, specification of the
material composition of baskets may be required during examination of marks
that refer to material composition. See TMEP §1203.02(f)(i) for further
information.
006 Metal bathroom hardware, namely, pulls
Similar to
knobs, pulls are classified according to material composition as required by
the Nice Agreement. Precious metal pulls are in Class 14; plastic pulls in 20,
porcelain pulls in 21, etc. 1-1-2012 - Because these goods are similar to
knobs, In accordance with the 10th Edition of the Nice Agreement, metal pulls
are in Class 6, precious metal pulls are in Class 14 and non-metal pulls are
in Class 20.
006 Metal bicycle storage racks
Bicycle storage racks
are classified by material composition because they are analogous to small
structures.
006 Metal cabinet stops
1-22-09 - “metal” added to
4/2/1991 ID to clarify goods in Class 6. Non-metal cabinet stops are in Class
20.
006 Metal canopies [building materials]
These goods
are in the nature of curved roofs over parts of a building and therefore, they
are classified as metal building materials in Class 6.
006 Metal charms for identifying drinks
Material
composition not controlling since the goods are for affixation to Class 21
goods. The proper classification for these goods, regardless of material
composition in Class 21.
006 Metal clapboard
Also called “weatherboard,”
clapboard is narrow, long board that is thicker at one edge, used to cover the
outsides of buildings.
006 Metal clips for general use
On 04-16-2015, this
06-01-2001 entry was amended from “Metal clip for {indicate use}” to “Metal
clips for general use,” for clarity. All “money clips” are classified in
Class 16 based on Nice Agreement entry for “money clips” in Class 16 without
limitation as to material composition.
021 Metal coin banks
On 09-24-15, this 04-01-2006
entry was reclassified from Class 6 to Class 21 because, under the 10th
Edition of the Nice Agreement, all piggy banks were transferred to Class 21 as
household containers, regardless of material composition. Toy banks of metal
are classified in Class 28 as toys.
006 Metal curtain rings
All curtain rings are in
Class 20 regardless of material composition.
006 Metal door hardware, namely, keys and key cylinders
3-11-10 - “metal” added to the 4-2-91 entry for clarification of these
goods being in Class 6.
006 Metal drain pipes
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal dust proof strikes
This entry refers to
small metal hardware in the nature of a floor strike with a spring-loaded
plunger for use with flush bolts.
006 Metal elbows for pipes [for rigid pipes]
Metal
pipe fittings for rigid pipes are in Class 6, non-metal pipe fittings for
rigid pipes are in 19, and non-metal hose fittings are in 17.
040 Metal fabrication and finishing services for others
On 05-30-2013, the 06-01-2001 entry was modified by inserting “for
others” to make the guidance on custom manufacturing and fabrication services
for others consistent in the Manual.
006 Metal fireplace screens [not furniture]
These
goods are typically hung from rods installed in the fireplace opening and may
be drawn open and closed using pulls attached to the screens.
006 Metal fireplace surrounds and metal decorative fireplace
facings
09-13-2012: These goods are in Class 6 because they are metal
building materials.
006 Metal fluid storage tanks
While this wording is
still acceptable, on 4-5-2012, this 04-02-1991 entry was deleted from the
Manual and replaced by a new entry “Metal storage tanks” in Class 6.
10-03-2013: Acceptable entry status changed from “D” deleted to “X”
example.
002 Metal foils and metal powders for use in painting,
decorating, printing and art
On 01-01-2016, this 07-20-2004 entry was
modified to replace “for painters, decorators, printers and artists” with “for
use in painting, decorating, printing and art” to align the description with
the Nice Classification, Tenth edition, version 2016.
002 Metal foils and metals in powder form for use in painting,
decorating, printing and art
On 01-01-2016, this 07-20-2004 entry was
modified to replace “for painters, decorators, printers and artists” with “for
use in painting, decorating, printing and art” to align the description with
the Nice Classification, Tenth edition, version 2016.
003 Metal for use as an abrasive in blasting services
Although common metals are typically classified in Class 6, these goods are
classified in Class 3 because they function as abrasives, and Abrasives are in
the Nice Alphabetical List in Class 3.
006 Metal gaskets for {indicate specific field of use} use
09-06-2012: Note that metal gaskets for vehicle engines are classified in
Class 7 as engine parts - not in Class 6.
006 Metal gate stops
1-20-11 - added “metal” to
4-2-91 entry. Gate stops can be either metal or non-metal (Cl. 20) and
composition controls the class.
006 Metal gutter pipes
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal hangers for {specify use}
Garment hangers,
hangers in the nature of machine parts, and hangers for Christmas tree
ornaments are not covered by the Manual entry. Those goods are in Classes 20,
7, and 28, respectively. Please consult the Nice Classification List and ID
Manual for other exceptions.
040 Metal hardening services
Metal hardening services
consist of the heat treatment of metal alloys to strengthen or increase their
hardness.
006 Metal hardware, namely, general use wall and ceiling
mounts for audio, video or computer equipment
On 04-10-2014, this
08-01-2004 entry of “Metal audio, video and computer wall and ceiling mounts”
was amended to make clear that these goods are metal hardware for general
use.
006 Metal hat racks
Most storage racks are in Class
20 regardless of material composition.
018 Metal horseshoes [not game equipment]
This entry
was transferred from Class 6 to Class 18 due to the restructuring that was
implemented in the 9th edition of the Nice Agreement. These are shoes for
horses, not game equipment.
006 Metal identification bracelets [non-precious metal, not
jewelry]
On 01-01-2014, this 04-02-1991 entry “Metal identification
bracelets [non-precious metal]” was modified to add the wording “not jewelry”
in order to clarify that these goods are not jewelry. Non-precious metal
bracelets in the nature of jewelry are classified in Class 14.
002 Metal in foil and powder form for use in painting
On 01-01-2016, this 07-20-2004 entry was modified to replace “for painters”
with “for use in painting” to align the description with the Nice
Classification, Tenth edition, version 2016.
002 Metal in foil and powder form for use in painting,
decorating, printing and art
On 01-01-2016, this 07-20-2004 entry was
modified to replace “for painters, decorators, printers and artists” with “for
use in painting, decorating, printing and art” to align the description with
the Nice Classification, Tenth edition, version 2016.
006 Metal junctions for pipes
While most metal pipes
and their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal knobs
Knobs are classified according to
material composition as required by the Nice Agreement. Precious metal knobs
are in Class 14; plastic knobs in 20, porcelain knobs in 21.
006 Metal mandrels, not being parts of machines
8-12-10 - The 6-1-01 entry has been modified to indicate that the mandrels in
6 are not for use with machines because mandrels are most often used with
machines which would put them in 7 as a machine part. If they are used
separately from a machine, this must be indicated in this Class 6 ID for the
goods.
006 Metal mats for use as load support surfaces in the
construction industry
These goods are similar in function and purpose
to pallets. According to the Nice Alphabetical List, loading pallets and
handling pallets are classified in Classes 6 and 20 based on whether they are
metal or non-metal, respectively.
006 Metal modular homes comprised of {indicate, e.g., shipping
containers, etc.}
Metal modular homes is acceptable wording; further
specification is acceptable, but is not required.
006 Metal money clips
This entry was transferred from
Class 6 to Class 16 due to the restructuring that was implemented in the 9th
edition of the Nice Agreement.
006 Metal moulds for forming cement products
On
03-15-2012, this 07-20-2004 entry was deleted from the Manual, and it is no
longer acceptable, because the wording “cement products” is too broad under
USPTO ID policy.
006 Metal partitions for building
On 12-06-2012, the
11-08-2007 entry “Partitions of metal” was changed to “Metal partitions for
building” because the original wording was overbroad and included freestanding
furniture partitions in Class 20.
006 Metal penstock pipes
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal pillars for buildings
01-01-2016: Status of
entry changed from “A”-Added to “X”-Example.
026 Metal pins for use in mounting insects
On
01-01-2016, this 06-01-2001 entry was transferred from Class 6 to Class 26 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Entomological pins are classified in Class 26
regardless of the material content of the goods.
006 Metal pipe collars
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal pipe connectors
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal pipe couplings and joints
While most metal
pipes and their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal pipe fittings for compressed air pipes
04-02-1991 Original entry “Compressed air pipe fittings of metal”; 10-07-10:
Re-worded original entry to make clear the nature of the goods; the substance
of the entry is the same.
006 Metal pipe fittings [for rigid pipes]
While most
metal pipes and their metal parts are in Class 6, those that are parts of
sanitary installations are in Class 11. 10-07-10 Added “[for rigid pipes]” to
the entry to make clear the purpose of the goods.
006 Metal pipe fittings, namely, rosettes [for rigid
pipes]
01-04-2006: Original entry “Pipe fittings, namely, rosettes”
in Class 17; 10-07-10: Inserted the words “Metal” and “[for rigid pipes]” to
make clear the nature of the goods, and transferred the entry to Class 6. The
original entry was indefinite, and it was incorrectly classified in 17 due to
a translation problem in the Nice Agreement's Alphabetical List.
006 Metal pipe muffs
While most metal pipes and their
metal parts are in Class 6, those that are parts of sanitary installations are
in Class 11.
006 Metal pipe muffs for use with {indicate type of pipe}
pipe
While most metal pipes and their metal parts are in Class 6,
those that are parts of sanitary installations are in Class 11.
006 Metal pipes
While most metal pipes and their
metal parts are in Class 6, those that are parts of sanitary installations are
in Class 11.
006 Metal pipes and metal fittings therefor
While
most metal pipes and their metal parts are in Class 6, those that are parts of
sanitary installations are in Class 11. 10-07-10: Inserted the word “metal”
before “fittings” to make clear the nature of the goods.
006 Metal pipes and tubes
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal plant markers
These are small stakes to
identify the location and type of plant in a garden, container, or flower
bed.
001 Metal plating chemical compositions
Term
“chemical” added to ID to avoid plating compositions made of metal being
classified in Class 1. A plating composition composed of metal is in Class
6.
006 Metal pulleys, springs and valves [not including machine
elements]
Note that automatic control valves are in Class 9; valves
being machine parts and engine valves for vehicles and machinery are in Class
7; valves for plumbing 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.
006 Metal pulls for {indicate use}
Similar to knobs,
pulls are classified according to material composition as required by the Nice
Agreement. Precious metal pulls are in Class 14; plastic pulls in 20,
porcelain pulls in 21, etc. 1-1-2012 - Because these goods are similar to
knobs, In accordance with the 10th Edition of the Nice Agreement, metal pulls
are in Class 6, precious metal pulls are in Class 14 and non-metal pulls are
in Class 20.
006 Metal rings and chains for keys
On 01-01-2016,
this 07-20-2004 entry was deleted because the precise nature of metal rings
for keys is unclear and could encompass goods in multiple classes. Under Nice
10-2016, “split rings of common metal for keys” appears in the Nice
Alphabetical List in Class 6, and “split rings of precious metal for keys”
appears in the Nice Alphabetical List in Class 14.
006 Metal seals for use in {indicate field of use}
3-4-10 - the requirement to indicate the field of use was added to the 1-2-97
entry to be consistent with other “seal” entries in the Manual. Also, note
that these seals are other than those used in land vehicle engines and
machinery - seals for use in land vehicle engines and machinery are in 7.
006 Metal self-aligning demountable snap fasteners consisting
of press fasteners and press studs for use in attaching panels, hatches,
floors and furniture in boats, motor vehicles, trains, aircraft and
buildings
07-04-2013: Status changed from “A” - Added to “X” -
example.
006 Metal shelf brackets
Metal shelf brackets sold as
a unit with shelving are in Class 20.
006 Metal spacer brackets for building {specify, e.g., walls,
decking, etc.}
Metal spacer brackets is acceptable wording; further
specification is acceptable, but it is not required.
006 Metal storage tanks and roofs therefor
While this
wording is still acceptable, on 4-5-2012, this 04-02-1991 entry was deleted
from the Manual and replaced by a new entry “Metal storage tanks” in Class 6.
10-03-2013: Acceptable entry status changed from “D” deleted to “X”
example.
006 Metal taps for beer kegs
Based on Nice Agreement
entries, taps for kegs are classified by material composition. This item
transferred from 8 to 6 with specification that they are made of metal.
Nonmetal taps for kegs are in 20.
023 Metal thread for embroidery
On 1-1-2012 this
entry of 6-21-2007 was transferred from Class 26 to Class 23 (the class for
yarns and threads) pursuant to the 10th Edition of the Nice Agreement.
006 Metal throw weights for commercial or industrial use
The primary purpose of these weights is to weigh down the end of a rope
or other type of line. The function and purpose of the goods is not covered in
the Class Headings. Therefore, these goods are classified according to
material composition.
006 Metal valves not being parts of machines
Note
that automatic control valves are in Class 9; valves being machine parts and
engine valves for vehicles and machinery are in Class 7; valves for plumbing
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.
006 Metal wall-mounted panel units for exhibitions, displays
and partitioning
On 1-1-13, the 08-09-2007 entry was deleted because
both metal and non-metal panel units for exhibitions, displays, and
partitioning are classified in Class 20 as furniture. The classification of
these panel units is based on the function of the goods - not their material
composition.
006 Metal water pipes
While most metal pipes and
their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Metal weatherboard
Also called “clapboard,”
weatherboard is narrow, long board that is thicker at one edge, used to cover
the outsides of buildings.
001 Metallic soap for industrial purposes
These goods
are in the Nice Alphabetical List. The term soap in this identification is
used in the chemical sense, meaning a metallic salt of a fatty acid.
002 Metals in foil and powder form for use in painting,
decorating and art
On 01-01-2016, this 04-02-1991 entry was modified
to replace “for painters, decorators, and artists” with “for use in painting,
decorating and art” to align the description with the Nice Classification,
Tenth edition, version 2016.
002 Metals in foil and powder form for use in painting,
decorating, printing and art
On 01-01-2016, this 07-20-2004 entry was
modified to replace “for painters, decorators, printers and artists” with “for
use in painting, decorating, printing and art” to align the description with
the Nice Classification, Tenth edition, version 2016.
002 Metals in foil and powder form for use in painting and
decorating
On 01-01-2016, this 01-17-2008 entry was modified to
replace “for painters and decorators” with “for use in painting and
decorating” to align the description with the Nice Classification, Tenth
edition, version 2016.
002 Metals in foil and powder form for use in painting
On 01-01-2016, this 07-20-2004 entry was modified to replace “for
painters” with “for use in painting” to align the description with the Nice
Classification, Tenth edition, version 2016.
006 Metals in foil or powder form for 3D printers
Metals in foil or powder form for 3D printers are classified in Class 6
because they are semi-worked common metals used for further manufacture or
creation of an object via a 3D printer. “Common metals, unwrought or
semi-wrought” appears in the Nice Alphabetical List in Class 6.
002 Metals in leaf and powder form for use in painting,
decorating, printing and art
On 01-01-2016, this 07-20-2004 entry was
modified to replace “for painters, decorators, printers and artists” with “for
use in painting, decorating, printing and art” to align the description with
the Nice Classification, Tenth edition, version 2016.
042 Metering and monitoring electric power consumption by
third parties for electric power providers
Monitoring services in
Class 42 typically involve the use of computers, sensors, and other technology
to evaluate a mechanical or technological function, or observation and
evaluation to ensure functionality, i.e., quality control. Class 42 monitoring
services also include observation of a physical condition to determine any
changes in that condition.
001 Methyl alcohol (methanol) for industrial purposes
On 02-26-2015, this 07-20-2004 entry was modified to add the wording “for
industrial purposes” in order to clarify the use of the goods and the
justification for classifying them in Class 1. “Chemicals used in industry”
is included in the Class 1 Class Heading.
001 Methyl chloride for industrial purposes
On
02-26-2015, the 07-20-2004 entry was modified to add the wording “for
industrial purposes” in order to clarify the use of the goods and the
justification for classifying the goods in Class 1. “Chemicals used in
industry” is included in the Class 1 Class Heading.
020 Metric O-ring kit consisting of plastic O-rings of various
sizes
07-04-2013: Status changed from “A” - Added to “X” -
example.
016 Mezuzahs
6-18-09 - because mezuzahs are
containers specially adapted to hold a paper scroll, they are in Class 16
regardless of material composition.
001 Microbial inoculants for application to seeds used in
agriculture
Microbial inoculants, also known as “soil inoculants,”
are agricultural preparations comprised of beneficial microbes that promote
plant growth and health.
040 Microbrewery services
As with all services, this
must be done for others. Microbrewing one's own beer is not a service under
the Trademark Act.
009 Microcontrollers for internet of things (IoT) enabled
devices
Microcontrollers is acceptable wording; further specification
is acceptable, but it is not required. The internet of things is the
interconnection via the Internet of objects embedded with various computing
devices, software, hardware, or sensors which enable the objects to collect,
send, or receive data.
005 Microfiber towels impregnated with an antimicrobial
treatment
03-28-2013 - Microfiber towels impregnated with an
antimicrobial treatment are classified in Class 5 because antimicrobial
preparations are classified in Class 5. Antimicrobial preparations are
substances that destroy or suppress the growth of organisms and microorganisms
and function as biocides, which are in the Nice Alphabetical List in Class 5.
The microfiber towels are simply the means for applying the antimicrobial
treatment preparations.
041 Microfilming for others
These services were
transferred to Class 41 from Class 42 due to the restructuring 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 transferred to Class
41 as a result of the restructuring.
009 Microplate readers
Microplate readers are
scientific apparatus for collecting data from laboratory samples that have
been deposited on flat plates with multiple wells (the microplates).
010 Microscopes for surgical operations
On
06-07-2012, the 07-20-2004 entry was amended by inserting the word “surgical”
to make clear the nature of the goods in Class 10.
009 Microwave antennas
On 5-17-12 this 7-20-04 entry
was changed to read “antennas” instead of “antennae.”
044 Midwife services
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
012 Military drones
Drones is acceptable wording;
further specification is acceptable, but it is not required.
029 Milk protein
1-1-2012 This entry of 7-20-2004 has
been deleted under the 10th Edition of the Nice Agreement. “Protein [raw
material]” is in Class 1 in the Nice Alphabetical List, and “protein milk”, a
milk that it is richer in protein and lower in fat than ordinary milk, is in
Class 29.
029 Milk proteins
1-1-2012 This entry of 7-20-2004
has been deleted under the 10th Edition of the Nice Agreement. “Protein [raw
material]” is in Class 1 in the Nice Alphabetical List, and “protein milk”, a
milk that it is richer in protein and lower in fat than ordinary milk, is in
Class 29.
031 Milk replacers for animals
These goods refer to
milk replacements for animal or feed purposes, and do not include milk
substitutes for human consumption, e.g., cow milk or goat milk in Class
29.
029 Milk shakes
On 1-1-2012 this entry of 4-2-1991
was transferred from Class 30 to Class 29 pursuant to the 10th Edition of the
Nice Agreement because these are milk-based beverages.
030 Milled flax seeds
10-31-2013: This entry of
08-09-2007 was reclassified from Class 29 to 30 on the basis that milled seeds
form a meal or flour that is used as a thickening agent or seasoning. As
“seasonings” are in the Nice Alphabetical List in Class 30, such goods are
more appropriately classified in Class 30. Compare “Processed seeds,” which
are in Class 29 in the Alphabetical List, analogous to “nuts, prepared” or
“beans, preserved.”
007 Milling machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Milling machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
007 Milling machines for the treatment of ceramics and
metal
10/30/08 - Transferred from Class 10. Classification in Class
10 was a typographical error.
007 Mineral water making machines
Machines for making
aerated beverages and machines for making non-aerated beverages are both in
Class 7.
032 Mineral waters
10-24-2013: Status of entry
changed from “A”-Added to “X”-Example.
005 Mineral, vitamin, or nutritionally enhanced water for
medical purposes
On 01-01-2016, this 02-10-2011 entry was modified to
add “for medical purposes” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016,
identifications for nutritionally enriched, enhanced, or fortified foods or
beverages must indicate a medical, therapeutic, or veterinary purpose for
classification in Class 5.
042 Mining exploration and mineral exploration services
Added “exploration” after “mining” to avoid classification of mining
service in Class 42. Mining services themselves are in Class 37.
045 Ministerial services
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
002 Minium
Minium is a pigment and is also known as
red lead.
020 Mirror tiles
“Mirror tiles” are classified in
Class 20, because all mirrors for personal or decorative use, such as “mirror
tiles” that are mounted on a wall, are classified in Class 20.
020 Mirrors [looking glasses]
On 04-02-2015, the
07-20-2004 entry, “Mirrors [looking glasses not for carrying with]” was
amended to “Mirrors [looking glasses]” to match the TM5 approved entry.
030 Miso
Miso is a Japanese foodstuff made of
soybeans.
045 Missing persons investigation
This entry was
transferred from Class 42 to Class 45 due to the restructuring of 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 of
persons or entities. Hence, a pre-employment background investigation is in
class 45 because such investigations are done to ensure the safety of current
employees 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 purpose than
ensuring safety i.e. a business investigation, looking at the processes of
business (class 35) or a financial investigation that determines the financial
soundness of a company (class 36), or a scientific investigation (class
42).
030 Mix for making combined noodle and sauce dish
08-01-2013: Acceptable entry status changed from “A” added to “X” example.
001 Mixed acid
Mixed acid is a mixture of nitric acid
and sulfuric acid. It is commonly used as a nitrating agent in the manufacture
of goods such as explosives and plastics.
005 Mixed biological preparations for the prevention and
treatment of infectious diseases
On 06-12-2014, this 05-15-2014 ID
was amended from “Mixed biological preparations for medical purposes” to the
current ID because the former ID was considered too broad under USPTO
standards of specificity.
030 Mixes for making {specify type of tea, e.g., chai,
kombucha, Kangzhuan, etc.} tea
Mixes for making tea is an acceptable
entry; it is permissible to indicate the type of tea, but not required.
030 Mixes for making batter for hushpuppies
08-01-2013: Acceptable entry status changed from “A” added to “X” example.
030 Mixes of sweet adzuki-bean jelly (mizu-yokan-no-moto)
On 9-6-2012, this 7-20-2004 entry was amended to replace the brackets
with parentheses.
035 Mobile advertising services for others in the field of
{indicate field or type of goods/services, e.g., dentistry, dental equipment,
etc.}
Mobile advertising services for others is acceptable wording;
further specification of the field or type of goods/services being advertised
is acceptable, but it is not required.
037 Mobile cleaning of {indicate specific object to be
cleaned, e.g., clothing, buildings, vehicles}
Cleaning of {indicate
specific object to be cleaned, e.g., clothing, buildings, vehicles} is
acceptable wording; further specification is acceptable, but it is not
required.
044 Mobile comprehensive dental care services provided to
{indicate intended users, e.g., nursing homes, assisted living facilities,
etc.}
08-01-2013: Acceptable entry status changed from “A” added to
“X” example.
035 Mobile food cart services featuring organic cupcakes and
milkshakes
11-28-2013: Entry status changed from “A” added to “X”
example.
044 Mobile healthcare services in the field of {indicate
specific area of healthcare, e.g., phlebotomy, mammography testing, dentistry,
etc.}
Mobile healthcare services is acceptable wording; further
specification is acceptable, but it is not required.
009 Mobile hotspot devices
Mobile hotspot devices are
electronic devices that function to provide wireless Internet access to
personal mobile devices via cellular networks.
041 Mobile jewelry-making instruction services conducted in
{specify location, e.g., homes, offices, schools, etc.}
Mobile
jewelry-making instruction services is acceptable wording in Class 41; further
specification of the location of the services is acceptable, but it is not
required.
041 Mobile media and entertainment services in the nature of
content preparation, production and post-production
2-4-10 - 5-14-09
entry deleted because this service has evolved to encompass provision of this
service in areas other than entertainment. Therefore, the original 2006
language “mobile media services” is now considered indefinite.
041 Mobile media and entertainment services in the nature of
content preparation
2-4-10 - 4-1-06 entry deleted because this
service has evolved to encompass provision of this service in areas other than
entertainment. Therefore, the original 2006 language “mobile media services”
is now considered indefinite.
041 Mobile media and entertainment services in the nature of
content preparation, post-production
2-4-10 - 1-4-06 entry deleted
because this service has evolved to encompass provision of this service in
areas other than entertainment. Therefore, the original 2006 language “mobile
media services” is now considered indefinite.
042 Mobile media services in the nature of electronic storage
of entertainment media content
On 04-05-2007, “Entertainment” deleted
from lead-in to avoid confusion with Class 41. On 01-01-2014, this 04-05-2007
entry “Mobile media services in the nature of storage of entertainment media
content” was amended to “Mobile media services in the nature of electronic
storage of entertainment media content” and was transferred from Class 39 to
Class 42, pursuant to the addition of “Electronic data storage” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
038 Mobile media services in the nature of electronic
transmission of entertainment media content
“Entertainment” deleted
from lead-in to avoid confusion with Class 41.
009 Mobile operating systems
A mobile operating
system is an operating system, similar to a computer operating system, that
operates a smartphone, tablet or other mobile devices.
043 Mobile restaurant services
Mobile restaurant
services refers to restaurants housed in transportable buildings. Mobile food
kiosk services are in Class 35.
019 Modified sheet glass for building
On 11-12-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
building]” into the identification in order to clarify the purpose of the
goods.
021 Modified sheet glass, not for building
On
01-01-2016, this 07-20-2004 entry was modified from “Modified sheet glass [not
for building]” to “Modified sheet glass, not for building” to clarify the
purpose of the goods and the justification for classification in Class 21.
Modified sheet glass for building is classified in Class 19.
019 Modular greenhouses not of metal
1-28-10 - “not
of metal” was added to the 5-1-05 entry to make the distinction between the
Class 6 metal entry and the Class 19 non-metal entry clear.
019 Modular non-metal animal houses for {indicate specific
animal, e.g., pigs, dogs, chickens}
On 12-13-2012, this 4-2-1991
entry was amended from “Modular animal houses for {indicate specific animal,
e.g., pig, dog, chicken} to above entry.
019 Modular non-metal chicken houses
On 12-13-2012,
this 5-1-2005 entry was amended from “Modular chicken houses” to above
entry.
019 Modular non-metal dog houses
On 12-13-2012, this
5-1-2005 entry was amended from “Modular dog houses” to above entry.
019 Modular non-metal homes
On 12-13-2012, this
4-2-1991 entry was amended from “Modular homes” to above entry.
019 Modular non-metal pigsties
On 12-13-2012, this
5-1-2005 entry was modified from “Modular pigsties” to “Modular non-metal
pigsties”
019 Modular non-metal pig houses
On 12-13-2012, this
5-1-2005 entry was amended from “Modular pig houses” to above entry.
019 Modular non-metal poultry houses
On 12-13-2012,
this 5-1-2005 entry was amended from “Modular poultry houses” to above
entry.
019 Modular non-metal silos
On 12-13-2012, this
4-2-1991 entry was amended from “Modular silos” to above entry.
003 Moisturizing milks
10-24-2013: Status of entry
changed from “A”-Added to “X”-Example.
008 Molcajete and tejolete
A molcajete and tejolete
is a Mexican mortar and pestle.
001 Mold inhibiting chemicals for preventing growth of
mold
Regarding the care of inanimate objects, prevention is a Class 1
characteristic; mold inhibitors for treatment is a Class 5 characteristic. On
03-28-2013, the 04-15-2010 entry was modified by changing “Mold inhibitors
for” to “Mold inhibiting chemicals for” to make clear the nature of the goods.
Chemical preparations for preventing growth of organisms are generally
classified in Class 1, while chemical preparations for treating or destroying
organisms, e.g., disinfectants, antibacterial and antimicrobial preparations,
etc., are generally classified in Class 5.
005 Mold inhibiting chemicals for treating {indicate use, e.g.
livestock feed, foods, grain, drinking water, etc.}
Transferred from
Class 1 - this is more in the nature of the other pest destruction products in
5 like pesticides, miticides, algicides. 4/15/10 - The word “treating” was
inserted before the open text brackets because treatment is a characteristic
of Class 5. Prevention is a characteristic of Class 1 for these goods so the
addition of this term in Class 5 distinguishes the goods in this class from
those in Class 1. On 03-28-2013, the 04-15-2010 entry was modified by changing
“Mold inhibitor for” to “Mold inhibiting chemicals for” to make clear the
nature of the goods. Chemical preparations for preventing growth of organisms
are generally classified in Class 1, while chemical preparations for treating
or destroying organisms, e.g., disinfectants, antibacterial and antimicrobial
preparations, etc., are generally classified in Class 5.
005 Mold inhibiting chemicals for treating mold growth in and
around buildings
The word “preventing” was changed to “treating” -
regarding care of inanimate objects, prevention is a Class 1 characteristic;
treatment is a Class 5 characteristic. On 03-28-2013, the 03-22-2007 entry was
modified by changing “Mold inhibitors for” to “Mold inhibiting chemicals for”
to make clear the nature of the goods. Chemical preparations for preventing
growth of organisms are generally classified in Class 1, while chemical
preparations for treating or destroying organisms, e.g., disinfectants,
antibacterial and antimicrobial preparations, etc., are generally classified
in Class 5.
017 Molded and extruded plastic and synthetic fiber materials
for use in the manufacture of hook and loop fasteners
The goods were
mistakenly entered into the Manual in Class 20 on 8-12-2010. Corrected to
Class 17 on 10-21-10.
005 Moleskin for use as a medical bandage
On
04-02-2015, this 01-02-1997 entry, “Mole skin for use as a medical bandage”
was amended to “Moleskin for use as a medical bandage” to match the TM5
approved entry.
016 Money clips
All money clips are in Class 16 based
on Nice Agreement entry for “money clips” in Class 16 without limitation as to
material composition.
042 Monitoring {indicate apparatus, e.g., combustion engines,
sewer systems, HVACs, etc.} to ensure proper functioning
Monitoring
services in Class 42 typically involve the use of computers, sensors, and
other technology to evaluate a mechanical or technological function, or
observation and evaluation to ensure functionality, i.e., quality control.
Class 42 monitoring services also include observation of a physical condition
to determine any changes in that condition.
042 Monitoring {indicate activity or goods being monitored,
e.g., inspections of manufactured goods, manufacturing machinery, etc.} for
quality control purposes
Monitoring services in Class 42 typically
involve the use of computers, sensors, and other technology to evaluate a
mechanical or technological function, or observation and evaluation to ensure
functionality, i.e., quality control. Class 42 monitoring services also
include observation of a physical condition to determine any changes in that
condition.
035 Monitoring {indicate activity or data, e.g., package
shipments and deliveries, gasoline prices, etc.} for business purposes
Monitoring services rendered for quality control purposes are in Class
42, and monitoring services rendered for security purposes are in Class 45.
Descriptions of monitoring services rendered for purposes not covered by Class
42 or 45 must indicate the purpose of the activity and must be classified
according to that purpose.
045 Monitoring alarms
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
035 Monitoring and tracking of package shipments to ensure
on-time delivery for business purposes
On 08-09-2012, this 10-1-2001
entry was modified by inserting “to ensure on-time delivery for business
purposes” to make clear the nature of the services and the justification for
classifying them in Class 35.
045 Monitoring burglar and security alarms
This entry
was transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
035 Monitoring consumer credit reports and providing an alert
as to any changes therein for business purposes
10-1-09 This service
in Class 35 is purely for the business purpose of knowing about changes in
credit reports - they may be good changes or bad changes. But it's for
business purposes of keeping track of people's credit worthiness and not for
fraud detection or prevention. Credit monitoring for that purpose is in Class
45. On 08-09-2012, this 09-04-2001 entry was modified by inserting “for
business purposes” to make clear the nature of the services and the
justification for classifying them in Class 35.
045 Monitoring e-mails from subscribers and notifying
subscriber-selected emergency responders
08-09-2012: Monitoring
services in Class 45 typically involve observation of an activity or physical
condition for security purposes, e.g., dispatching of emergency personnel when
changes in conditions occur.
045 Monitoring e-mails from subscribers and notifying
subscriber-selected responders in emergency situations where subscribers'
health or welfare is at risk
08-09-2012: Monitoring services in Class
45 typically involve observation of an activity or physical condition for
security purposes, e.g., dispatching of emergency personnel when changes in
conditions occur.
036 Monitoring financial markets for investment purposes
When monitoring services do not primarily involve electronic data
collection, quality control, or testing and analysis of physical properties in
Class 42, then the monitoring services should be classified according to their
primary purpose as indicated in the identification.
045 Monitoring fire alarms
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
045 Monitoring Internet activity to prevent illegal file
sharing and providing electronic reports to others regarding attempts at
illegal file sharing in connection therewith
On 08-09-2012, the
06-28-2007 entry was modified by deleting “On-line monitoring” and inserting
“Monitoring Internet activity” to make clear what is being monitored. The
wording “on networks worldwide” was also deleted as superfluous. These
services are for the prevention of illegal activity and therefore, they are
classified in Class 45.
042 Monitoring of {indicate, e.g., greenhouse gas emissions,
etc.} for scientific research purposes
Monitoring services in Class
42 typically involve the use of computers, sensors, and other technology to
evaluate a mechanical or technological function, or observation and evaluation
to ensure functionality, i.e., quality control. Class 42 monitoring services
also include observation of a physical condition to determine any changes in
that condition.
045 Monitoring of {indicate security devices, e.g., alarms,
home security systems, etc.} for security purposes
Monitoring
services in Class 45 typically involve observation of an activity or physical
condition for security purposes, e.g., dispatching of emergency personnel when
changes in conditions occur.
045 Monitoring of alarms
08-09-2012: Monitoring
services in Class 45 typically involve observation of an activity or physical
condition for security purposes, e.g., dispatching of emergency personnel when
changes in conditions occur.
042 Monitoring of commercial and industrial sites for
detection of volatile and non-volatile organic compounds
Monitoring
services in Class 42 typically involve the use of computers, sensors, and
other technology to evaluate a mechanical or technological function, or
observation and evaluation to ensure functionality, i.e., quality control.
Class 42 monitoring services also include observation of a physical condition
to determine any changes in that condition.
042 Monitoring of computer systems by remote access to ensure
proper functioning
Monitoring services in Class 42 typically involve
the use of computers, sensors, and other technology to evaluate a mechanical
or technological function, or observation and evaluation to ensure
functionality, i.e., quality control. Class 42 monitoring services also
include observation of a physical condition to determine any changes in that
condition.
045 Monitoring of computer systems for security purposes
This entry was transferred from Class 42 to Class 45 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement.
042 Monitoring of erosion and sedimentation
Monitoring services in Class 42 typically involve the use of computers,
sensors, and other technology to evaluate a mechanical or technological
function, or observation and evaluation to ensure functionality, i.e., quality
control. Class 42 monitoring services also include observation of a physical
condition to determine any changes in that condition.
045 Monitoring of security systems
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
042 Monitoring of stream water quality
Monitoring
services in Class 42 typically involve the use of computers, sensors, and
other technology to evaluate a mechanical or technological function, or
observation and evaluation to ensure functionality, i.e., quality control.
Class 42 monitoring services also include observation of a physical condition
to determine any changes in that condition.
045 Monitoring telephone calls from subscribers and notifying
emergency responders when appropriate
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. On 08-09-2012, the 01-01-2002 entry
was modified by deleting “emergency facilities” and inserting “emergency
responders when appropriate” because the original wording was ambiguous.
042 Monitoring the computer systems of others for
technological purposes and providing backup computer programs and
facilities
Added “for technical purposes” to text of ID in order to
avoid classifying monitoring of computer systems for Class 35 business
purposes such as demographics in Class 42. On 08-09-2012, the 01-01-2002
entry was modified by changing “technical” to “technological” to further
clarify the nature of the services and the justification for classifying them
in Class 42. On 07-18-2013, the entry was further modified to replace
“back-up” with “backup” in order to make the spelling of the wording
consistent among Class 42 Manual entries for more uniform search results.
045 Monitoring traffic violations with digital video cameras
for traffic safety purposes
On 08-09-2012, the 04-01-2006 entry was
modified by deleting “Digital video monitoring, namely” as superfluous and
inserting “for traffic safety purposes” to make clear the nature of the
services and the justification for classifying them in Class 45.
015 Morin khuur
A morin khuur is a traditional
Mongolian stringed musical instrument played with a bow.
019 Mortars
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
045 Mortgage compliance consulting services concerning
mortgage-related laws for mortgage lenders and servicers and mortgage
brokers
11-24-2011: Please note that “Mortgage compliance consulting
services concerning financial requirements for mortgages for mortgage lenders
and servicers and mortgage brokers” is in Class 36.
036 Mortgage compliance consulting services concerning
financial requirements for mortgages for mortgage lenders and servicers and
mortgage brokers
11-24-2011: Please note that “Mortgage compliance
consulting services concerning mortgage-related laws for mortgage lenders and
servicers and mortgage brokers” is in Class 45.
024 Mosquito nets
07-05-12 These goods are comprised
of tightly woven mesh fabric, and they are typically hung around beds to keep
the mosquitos out.
005 Mosquito repellent coils
A mosquito repellent
coil is mosquito-repelling incense, usually shaped in a spiral, that is burned
to produce a smoke that repels mosquitoes.
043 Motel services
This entry was transferred from
Class 42 to Class 43 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. On 10-6-2011, this entry was
amended from “Motels” to “Motel services” for clarity.
005 Mothballs
On 7-16-2015, the 04-02-1991 entry,
“moth balls” was amended to “mothballs” to match the TM5 approved entry.
009 Motion picture films and films for television featuring
children's entertainment
8/21/08 - originally entry on 6-26-08 was
mistakenly in Class 41. The entry was corrected to reclassify goods in Class
9.
012 Motor buses
Buses is acceptable wording; further
specification is acceptable, but it is not required.
042 Motor clubs
Identification too broad due to the
restructuring of Class 42 in the 8th edition of the Nice Agreement. Specific
services must be specified and classified appropriately.
012 Motor homes and structural vehicle parts therefor
Note that parts of all motors and engines such as camshafts, cylinders,
cylinder pistons and other parts essential to the working of motors and
engines such as alternators, belts and carburetors are in Class 7.
004 Motor oils
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
012 Motor scooters and structural parts therefor
On
01-01-2016, this 11-04-2010 entry was modified to replace the word “Motorized”
with “Motor” to clarify the nature of the goods and to more closely align this
entry with the Nice Alphabetical List entry “motor scooters.”
042 Motorcycle clubs
Identification too broad due to
the restructuring of Class 42 in the 8th edition of the Nice Agreement.
Specific services must be specified and classified appropriately.
037 Motorcycle customization services
11-17-2011: The
service of customizing goods to the specification of others is generally
classified according to the nature of the activity underlying the
customization. For example, customization of computer software is in Class 42
because the activity underlying the customization is computer programming in
42. In other words, the applicant has to re-program the software so that it
meets the customer's criteria. On the other hand, customization of automobiles
is in Class 37 because the activities underlying the customization are vehicle
maintenance and modification in 37. Customization usually involves repair and
maintenance of existing finished goods, while custom manufacturing of goods
involves transforming unfinished or semi-finished goods into finished
goods.
012 Motorcycle engines
Complete motors and engines
for land vehicles are in Class 12, however, parts of all motors and engines
such as camshafts, cylinders, cylinder, pistons and other parts essential to
their working such as alternators, belts and carburetors are in Class 7.
009 Motorcycle helmet visors
Although visors for use
as headwear are classified in Class 25, motorcycle helmet visors are
classified in Class 9 because they are specially adapted for attachment to
motorcycle helmets.
012 Motorcycle tires
Tires is acceptable wording;
further specification is acceptable, but it is not required.
012 Motorcycle trike conversion kits for converting a
two-wheeled motorcycle into a three-wheeled motorcycle
10-03-2013:
Entry status changed from “A” added to “X” example.
012 Motorcycles and structural parts therefor
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Motorised wheelchairs for the disabled and those with
mobility difficulties
7-16-09 - Class changed from 18 - typographical
error in 7/2/09 entry.
012 Motorized and computerized golf carts [vehicles]
On 01-01-2015, this 06-01-2001 entry was amended to add the wording
“[vehicles]” to clarify the nature of the goods in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
021 Motorized applicators for applying cosmetics to
eyelashes
On 07-19-12, this 02-17-2011 entry was transferred from
Class 9 to Class 21. “Cosmetic utensils” are in the Alphabetical List in Class
21, and electric goods are now in the same class as their non-electric
counterparts pursuant to the 10th edition of the Nice Classification
System.
012 Motorized golf carts [vehicles]
On 01-01-2015,
this 04-02-1991 entry was amended to add the wording “[vehicles]” to clarify
the nature of the goods in compliance with the Nice Classification, Tenth
edition, version 2015, effective 01-01-2015.
012 Motorized mobility scooters
On 01-01-2016, this
04-02-1991 entry was modified to add the word “mobility” to clarify the nature
of the goods. Under Nice 10-2016, the specific type of vehicle scooters
should be indicated, e.g., mobility scooters, motor scooters, water scooters,
or push scooters.
012 Motorized personal mobility scooters
01-01-2016:
Status of entry changed from “A”-Added to “X”-Example.
012 Motorized, self-propelled, wheeled personal mobility
device, namely, scooters
On 01-01-2016, this 05-01-2006 entry was
deleted because the Manual includes entries which encompass these goods.
012 Motors and engines for land vehicles
Complete
motors and engines for land vehicles are in Class 12, however, parts of all
motors and engines such as camshafts, cylinders, cylinder, pistons and other
parts essential to their working such as alternators, belts and carburetors
are in Class 7.
028 Mountaineering and rock climbing equipment, namely,
spring-loaded camming devices (SLCDs)
SLCDs are rock climbing or
mountaineering protection equipment that consists of 2-4 cams mounted on a
common axle that expand when inserted into cracks in the rock; these provide
secure anchors for the climbers.
021 Mouse traps
These traps are for indoor use.
009 Mouth guards for athletic use
On 01-01-2016, this
10-01-1994 entry was transferred from Class 28 to Class 9 in compliance with
the Nice Classification, Tenth edition, version 2016, effective 01-01-2016.
Under Nice 10-2016, mouth guards for sports are classified in Class 9 because
they protect against serious injury and are analogous to the wording
“life-saving apparatus and instruments” in the Class 9 Heading.
041 Movie studio services
On 01-01-2016, this
04-02-1991 entry was amended from “Movie studios” to “Movie studio services”
in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
012 Mud flap weights
11-10-2011: These goods are in
Class 12 because they are highly specialized for use with mud flaps.
012 Mufflers (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
and engines and their parts in the 6th edition of the Nice Agreement in
1992.
025 Mufflers [neck scarves]
On 01-01-2015, this
04-02-1991 entry was amended to replace “[clothing]” with “[neck scarves]” for
consistency with the Nice Alphabetical List entry “Mufflers [neck scarves]”
under the Nice Classification, Tenth edition, version 2015, effective
01-01-2015.
025 Mukluks
05-14-2015: A mukluk is a sealskin or
reindeer-skin boot.
025 Mules
05-14-2015: A mule is a shoe or slipper
without a quarter or heel strap.
030 Multigrain bread
On 05-05-2016, the
classification of the 12-03-2015 was changed from Class 29 to Class 30. This
change corrects a typographical error.
041 Multimedia publishing of books, magazines, journals,
software, games, music, and electronic publications
This service is
different from providing the publication itself. This service encompasses the
presentation of the works online, not providing the work itself.
035 Multi-level marketing services [pyramid structure]
1-1-2012 Amended the entry “Multi-level marketing business services
[pyramid structure]” of 4-12-1999 by deleting the wording “business” before
“services” to more accurately reflect the common usage of the term in the
marketplace. “Marketing services” was added to the Manual as a separate entry
pursuant to the 10th Edition of the Nice Agreement. When listed by itself, an
identification for “marketing” should include the term “services.” This entry
refers to the promoting of the goods and services of others.
022 Multi-purpose cloth bags
On 06-12-2014, this
04-02-1991 entry was deleted because it is too broad for classification
purposes.
045 Mummification services
On 01-09-2014, this
08-01-2005 entry was transferred from Class 40 to Class 45 because, similar to
embalming services, mummification services are generally for funerary
purposes, and embalming services are in the Nice Alphabetical List in Class
45, effective 1-1-2014.
030 Mung bean pancakes (bindaetteok)
On 9-6-2012,
this 8-9-2012 entry was amended to replace the brackets with parentheses.
042 Municipal services
Identification too broad -
services must be indicated specifically and classified appropriately.
041 Mural art painting services
These services are
classified in Class 41 because they involve the presentation of works of
visual art to the public to entertain or engage the attention of people, or
for cultural or educational purposes, pursuant to the Class 41 Explanatory
Note. Painting services in Class 37, on the other hand, encompass property
maintenance-type activities.
028 Muscle training braces to be worn on the back for support
when playing sports
On 02-28-2013, the 06-14-2007 entry changed from
“Athletic equipment, namely, training devices to be worn on the body for
support” to the current wording to make clear the nature of the sports
articles in Class 28.
018 Music cases
A music case is a type of briefcase
for carrying sheet music. “Music cases” are in the Nice Alphabetical List.
041 Music publishing services
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
009 Music recordings sold as a kit with a mask
10-03-2013: Entry status changed from “A” added to “X” example.
044 Music therapy for {indicate group or individual, e.g.,
children, veterans, caregivers, etc.}
Music therapy is acceptable
wording in Class 44; further specification as to the particular group or
individual receiving the therapy is acceptable, but it is not required.
015 Musical Christmas ornaments
These are not for
hanging on Christmas trees. A musical Christmas tree ornament is in 28 with
other Christmas tree ornaments
015 Musical instrument accessories, namely, stands, cases,
carrying bags and storage bags
10-03-2013: Entry status changed from
“A” added to “X” example.
015 Musical instrument strings
On 9-13-2012, this
1-8-2009 entry was deleted because it is already covered by the existing entry
“Strings for musical instruments.” “Musical instrument strings” remains an
acceptable identification.
037 Musical instrument tuning services
These services
are in Class 37 because they involve the maintenance and repair of the
goods.
015 Musical instruments, namely, bass guitars
On
September 13, 2012, this June 1, 2001 entry was deleted because the goods are
already covered by the existing entry “Bass guitars.” Although the entry was
deleted, the identification remains acceptable. 10-03-2013: Acceptable entry
status changed from “D” deleted to “X” example.
029 Mussels, not live
On 1-31-2013, the 7-30-2009
entry “Mussels [not live]” was modified to incorporate the bracketed wording
into the identification. Live mussels are classified in Class 31.
005 Mustard plasters
Mustard plasters are dressings
made of soft material with mustard seed spread inside that are applied to the
body to stimulate healing.
005 Mustard poultices
Mustard poultices are dressings
made of soft material with mustard seed spread inside that are applied to the
body to stimulate healing.
015 Mutes for musical instruments
Mutes are used to
muffle or soften the tone of a musical instrument.
008 Nail buffers for use in manicure
Nail buffers is
acceptable wording; further specification is acceptable, but it is not
required.
003 Nail care preparations
These refer to
non-medicated creams. Medicated creams are in Class 5.
003 Nail care preparations, namely, nail softeners
These refer to non-medicated creams. Medicated creams are in Class 5.
003 Nail cream
These refer to non-medicated creams.
Medicated creams are in Class 5.
003 Nail enamel
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
007 Nail extractors, electric
Nail extractors,
electric are power tools typically used for construction or building
purposes.
008 Nail extractors, hand-operated
Nail extractors,
hand-operated are hand tools typically used for construction or building
purposes.
008 Nail files, electric
Nail files is acceptable
wording; further specification is also acceptable, but it is not required.
003 Nail polish removers
10-24-2013: Status of entry
changed from “A”-Added to “X”-Example.
007 Nail pullers, electric
Nail pullers, electric are
power tools typically used for construction or building purposes.
008 Nail pullers, hand-operated
Nail pullers,
hand-operated are hand tools typically used for construction or building
purposes.
008 Nail punches
Nail punches are hand-operated tools
for driving the head of a nail flush with or below the surface that surrounds
it.
003 Nail repair products, namely, silk nail wraps
11-28-2013: Entry status changed from “A” added to “X” example. “Nail repair
products, namely, nail wraps” is an acceptable identification of goods in
Class 3. However, identification of the material composition may be required
during examination of marks that feature such terminology. See TMEP
§1203.02(f)(i) for further information.
003 Nail repair products, namely, linen nail wraps
11-28-2013: Entry status changed from “A” added to “X” example. “Nail repair
products, namely, nail wraps” is an acceptable identification of goods in
Class 3. However, identification of the material composition may be required
during examination of marks that feature such terminology. See TMEP
§1203.02(f)(i) for further information.
005 Nail sanitizing preparations
1-22-09 - Changed
from original 6/26/08 classification in Class 3 to Class 5. Class 5 is the
proper class for sanitizing preparations, including those for nails.
016 Nail stencils
On 07-19-12, the 09-01-2005 entry
was transferred from Class 3 to Class 16 because “Stencils” is in the
Alphabetical List in Class 16, and that entry covers all types of
stencils.
003 Nail-polish removers
10-24-2013: Status of entry
changed from “A”-Added to “X”-Example.
001 Naphthalene
On 04-02-2015, the 07-20-2004 entry,
“Naphtalene” was amended to “Naphthalene” to match the TM5 approved entry.
021 Napkin holders of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
021 Napkin rings of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
003 Natural cocoa butter based personal care products, namely,
body lotion, shower gel, soap, body polish, body and foot scrub and
non-medicated skin creams
11-28-2013: Entry status changed from “A”
added to “X” example.
005 Natural dietary supplements for the treatment of {indicate
specific condition or illness, e.g., mental health, claustrophobia, etc.}
Natural dietary supplements is acceptable wording; further specification
is acceptable, but is not required.
005 Natural dietary supplements for treatment of
claustrophobia
On 07-7-2016, this 03-05-2009 entry was changed from
“A” to “X.”
023 Natural fiber yarn
Yarn is acceptable wording;
further specification is acceptable, but it is not required.
037 Naval shipbuilding
This service is in Class 37
because it is similar to building construction. Construction of smaller
vessels such as boats or yachts are considered custom manufacturing services
in Class 40 and should be worded as such.
037 Naval shipyard services
On 06-18-2015, the
04-02-1991 entry was transferred from Class 39 to Class 37 based on the
dictionary definition of shipyard, a place where ships are built or repaired.
Ship building and ship repair services are classified in Class 37.
009 Navigation bridge simulators for use in maritime and
seamanship training
02-28-2013 - Navigation bridge simulators are in
the nature of computer hardware and software-based apparatus designed to
simulate navigation conditions so that the user can practice skills necessary
to operate the watercraft under real circumstances. These goods are
classified in Class according to their function as computer hardware and
software, and their purpose as “teaching apparatus” further supports
classification in Class 9.
009 Near field communication (NFC) technology-enabled devices,
namely, {indicate the common commercial names of the devices}
On
09-22-2016, this 08-12-2010 entry was deleted because it is indefinite and
overly broad. Near field communication (NFC) is a type of technology that
enables short-range communication between electronic devices. NFC technology
may be used in devices in multiple classes. The common name of the device
featuring NFC technology must be indicated.
009 Near field communication (NFC) tags for {specify function
or purposes, e.g., making mobile payments, providing advertising information,
etc.}
Near field communication (NFC) tags contain microchips with
aerials which store information for transfer to another NFC device. NFC is a
type of technology that enables short-range communication between electronic
devices.
010 Nebulizer for administering medication in the form of a
mist inhaled into the lungs, for treatment of {indicate disease or condition,
e.g., asthma, respiratory diseases, etc.}
On 06-04-2015, this
08-07-2008 entry was amended to replace “respiratory diseases” with “{indicate
disease or condition, e.g., asthma, respiratory diseases, etc.}” to provide a
broader entry.
025 Neckerchiefs
10-13-2016 - Neckerchiefs are
classified in Class 25 because they are pieces of cloth worn around the neck
functioning as clothing. Neckerchiefs are distinguishable from paper
handkerchiefs and textile handkerchiefs in Class 16 and Class 24 respectively,
which are for personal use, such as wiping the face, nose, or eyes.
025 Neckerchieves
10-13-2016 - Neckerchieves are
classified in Class 25 because they are pieces of cloth worn around the neck
functioning as clothing. Neckerchieves are distinguishable from paper
handkerchiefs and textile handkerchiefs in Class 16 and Class 24 respectively,
which are for personal use, such as wiping the face, nose, or eyes.
025 Neckties made in whole or in substantial part of {specify,
e.g., silk, wool, cashmere, cotton, etc.}
Identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
026 Needle cases [of precious metal]
10-03-2013:
Entry status changed from “A” added to “X” example.
026 Needle cassettes of precious metal
This entry was
transferred from Class 14 to Class 26 pursuant to the 9th edition of the Nice
Agreement.
008 Needle files
Needle files are hand-operated tools
with a series of fine teeth used in jewelry making and model building, for
example.
008 Needle threaders
On 1-19-2012, this entry of
4-2-1991 was transferred from Class 26 to Class 8 because these goods are in
the Nice Alphabetical List in Class 8.
010 Needles for injections
These goods are sold
without pharmaceuticals in them. If they are sold filled with pharmaceuticals,
the pharmaceutical must be properly identified and the goods are in Class
5.
010 Needle-based and needle-free injection systems
These goods are sold without pharmaceuticals in them. If they are sold filled
with pharmaceuticals, the pharmaceutical must be properly identified and the
goods are in Class 5.
035 Negotiation and renegotiation for others of leases and
subleases and real estate purchase agreements
12-4-08 - Changed from
“Negotiation and renegotiation of leases and subleases and the purchase and
sale of buildings” to clarify that this is a negotiation/renegotiation of a
form of contract and NOT the purchase and sale of buildings
022 Net pens for fish farming
These goods are in
Class 22 because they are primarily in the nature of nets, and “nets” appears
in the Class 22 Heading.
009 Netbooks [computers]
On September 13, 2012, this
August 27, 2009 entry was amended to replace “Computers, namely, netbooks”
with “Netbooks [computers]” to simplify the entry.
028 Nets for sporting purposes
While this wording is
still acceptable, the 11-04-2010 entry is being deleted from the Manual
because it is covered by the existing entry “Nets for sports” in Class 28.
041 News agencies, namely, gathering and dissemination of
news
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 and other news-related services were transferred to
Class 41 as a result of the restructuring.
035 News clipping services
This item was added to the
8th edition of the Nice Agreement in Class 35. Therefore, the entry was
transferred from Class 42 to Class 35 in the US ID Manual.
041 News reporters services
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 and other
news-related services were transferred to Class 41 as a result of the
restructuring. 05-08-2008 - ID changed from “news reporting services.” News
reporter services is the language from the Nice Agreement and refers to the
collecting of breaking news usually for broadcast or newspaper publication
activities.
035 News reporting services, namely, providing real-time
information related to the tracking of sales of thoroughbred horses
On 08-09-2012, the 09-13-2007 entry was deleted because it is unclear whether
the services are primarily in the nature of current events news reporting in
Class 41, business information services in Class 35, or something else.
041 News syndication for the broadcasting industry
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
and other news-related services were transferred to Class 41 as a result of
the restructuring.
041 News syndication reporting
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 and other
news-related services were transferred to Class 41 as a result of the
restructuring.
041 Newspaper publication
This refers to the service
of publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
041 Newspaper publishing
This refers to the service
of publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
035 Night club reservation services, namely, arranging for
admission, cocktails, and table service reservations for night clubs and night
club events
3/19/09 - Entry deleted because it includes services in
more than one class.
041 Night clubs
This item was transferred from Class
42 to Class 41 in the 8th edition of the Nice Agreement. Therefore, the entry
was transferred from Class 42 to Class 41 in the US ID Manual as well.
003 Night cream
These refer to non-medicated creams.
Medicated creams are in Class 5.
045 Night watchman services
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
025 Nightwear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
006 Niobium
Niobium is a metallic element and appears
in the Nice Alphabetical List in Class 6.
010 Nitrile gloves for medical use
10-10-2013: Entry
status changed from “A” added to “X” example. “Gloves for medical use” is
acceptable wording in Class 10. Identification of material composition may be
required during examination of marks featuring such terminology. See TMEP
Section 1203.02(f)(i) for further information.
002 Nonferrous metals in foil or powder form for use in
painting, decorating, printing and art
On 01-01-2016, this 07-20-2004
entry was modified to replace “for painters, decorators, printers and artists”
with “for use in painting, decorating, printing and art” to align the
description with the Nice Classification, Tenth edition, version 2016.
020 Nonmetal and non-paper containers for storage or
transport
9-24-09 - the 6/18/09 entry was changed to add “non-paper”
since paper or cardboard containers for storage or transport would be in Class
16.
020 Nonmetal audio speaker mounts and mounting brackets with
swiveling bases therefor
On 04-10-2014, this 03-01-2007 entry was
deleted and replaced with “Mounts and mounting brackets adapted for audio
speakers with swiveling bases therefor” in Class 9.
007 Non-aerated beverage making machines
Aerated
beverage making machines are also in Class 7.
029 Non-alcoholic egg nog mixes
On 1-1-2012 this
entry was revised to add the term “non-alcoholic” in order to differentiate
between the alcoholic and non-alcoholic types of egg nog mixes.
029 Non-alcoholic egg nog
On 1-1-2012 this entry was
revised to add the term “non-alcoholic” in order to differentiate between the
alcoholic and non-alcoholic types of egg nog.
032 Non-alcoholic peanut milk beverages not being a milk
substitute
Peanut milk is a non-dairy beverage created using peanuts
and water. On 05-08-2014, this 01-01-2012 entry was amended from “Peanut milk
[non-alcoholic beverage]” to “Non-alcoholic peanut milk not being a milk
substitute” for clarity. 01-01-2015: On 01-01-2015, this 05-08-2014 entry was
amended to add the word “beverages” to make clear the rationale for
classifying the goods in Class 32. Under Nice 10-2015, “Peanut milk for
culinary purposes” was added to the Alphabetical List in Class 29. “Peanut
milk [non-alcoholic beverage]” appears in the Nice Alphabetical List in Class
32.
004 Non-chemical additives for engine oils
Chemical
based additives for oils and fuels are in Class 1
004 Non-chemical additives for fuels
Chemical based
additives for oils and fuels are in Class 1
004 Non-chemical additives for motor fuels
Chemical-based additives for oils and fuels are in Class 1.
004 Non-chemical additives for fuels, lubricants and
greases
Chemical based additives for oils and fuels are in Class
1
004 Non-chemical additives for oils and fuels
Chemical based additives for oils and fuels are in Class 1
004 Non-chemical adsorbents for removing impurities from
fuel
Chemical based adsorbents for oils and fuels are in Class 1
004 Non-chemical engine treatments and additives for engine
oils, gasoline and diesel fuels, transmission fluids and cooling systems
Chemical-based fuel and motor oil additives are in Class 1
004 Non-chemical gasoline additives
Chemical based
additives for oils and fuels are in Class 1
004 Non-chemical motor oil additives
Chemical based
additives for oils and fuels are in Class 1
019 Non-combustible fireplace surrounds and decorative
fireplace facings made of non-metal non-combustible materials
09-13-2012: These goods are in Class 19 because they are non-metal building
materials.
029 Non-dairy based mix for making whipped toppings
10-07-10 Deleted “whipped icings and fillings” and inserted “whipped toppings”
because whipped topping mixes are in Class 29 and icing mixes are in the
Manual in Class 30.
025 Non-disposable cloth training pants [clothing]
On
11-01-12, this 03-01-2006 entry was modified by inserting the bracketed
wording. These goods are in Class 25 because “Babies' pants [clothing]” is in
the Nice Alphabetical List in Class 25.
041 Non-downloadable electronic publications in the nature of
{indicate specific nature of publication} in the field of {indicate subject
matter of publication}
5-20-10 - Providing a website featuring
specific types of downloadable publications is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable publications in Class 9 or services in the
nature of website hosting in Class 42.
011 Non-electric air diffusers comprised of a wick in a
container used to emit scent when lit sold without scented oil
3-18-10 - The 8-1-04 entry was changed to indicate that the diffusers are sold
without the oil. If sold with the oil, they are in Class 3.
006 Non-electric cables of metal
“Of metal” added to
ID. Original entry was from 1991 - cables can and are made out of materials
other than metal now.
021 Non-electric candelabras made of precious metal
This entry was transferred from Class 14 to Class 21 pursuant to the 9th
edition of the Nice Agreement.
021 Non-electric coffee servers of precious metal
This entry was transferred from Class 14 to Class 21 pursuant to the 9th
edition of the Nice Agreement.
021 Non-electric coffeepots of precious metal
This
entry was transferred from Class 14 to Class 21 pursuant to the 9th edition of
the Nice Agreement.
021 Non-electric comedon extractors
Comedon
extractors are hand-operated tools for removing material from facial skin
pores.
021 Non-electric cooking steamers
On 01-01-2015, this
07-20-2004 entry for “cooking steamers [non-electric]” was amended to add the
bracketed wording in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. Note that “electric food steamers” are
classified in Class 11.
020 Non-electric fans for personal use
On 3-28-2013,
the 4-2-1991 entry “Fans for personal use [non-electric]” was amended to
incorporate the bracketed material into the identification. Without the
bracketed wording, the identification is overly broad. Please note that
electric fans for personal use are classified in Class 11.
021 Non-electric French presses
A French press is a
coffee pot containing a plunger that pushes the coffee grounds to the bottom
of the pot when the coffee is ready to be poured.
021 Non-electric griddles [cooking utensils]
On
01-17-13, this 04-02-1991 entry was modified by inserting the bracketed
wording. These goods are classified in Class 21 as cooking utensils. Electric
and gas-powered griddles are classified in Class 21 as cooking appliances.
026 Non-electric hair curlers, other than hand implements
On 1-1-2012, this Class 9 electric or electrothermic apparatus entry of
4-2-1991 was transferred to Class 26 (the class of its non-electric
counterparts), and the wording “other than hand implements” was added to
distinguish these goods from Class 8 hand implements, pursuant to the 10th
Edition of the Nice Agreement.
021 Non-electric pans for warming beds
This was
deleted because all warming pans are in 11 regardless of whether they are
electric or not so there was no need to specify the method of heating in an
ID.
021 Non-electric tortilla presses
On 01-01-2016, this
10-05-2006 entry was modified to add “Non-electric” in compliance with the
Nice Classification, Tenth edition, version 2016, effective 01-01-2016. Under
the Nice 10-2016, “tortilla presses, electric” was added to the Nice
Alphabetical List in Class 11, and “tortilla presses, non-electric [kitchen
utensils]” was added to the Nice Alphabetical List in Class 21. Thus, under
Nice 10-2016, “tortilla presses” is indefinite and overly broad because it
encompass goods in more than one class.
021 Non-electric warmers for use with tea candles to melt
scented wax tarts
Non-electric warmers for use with tea candles to
melt scented wax tarts are classified in Class 21 as containers for household
use that are sold without the tea candles.
021 Non-electric warming pans for beds
This was
deleted because all warming pans are in 11 regardless of whether they are
electric or not so there was no need to specify the method of heating in an
ID.
020 Non-electric, non-metal cables
2-4-10 - the
2-14-08 entry was deleted because it was inconsistent with the entry in the
Nice Alphabetical List for “cables, non-metal” in Class 22.
021 Non-electric, pour-over coffee filters not of paper for
brewing coffee
Non-electric, pour-over coffee filters not of paper
for brewing coffee are stand-alone filters that may be placed over any
container for filtering coffee. These goods are justified in Class 21 because
they are small, hand-operated apparatus for household and kitchen use as per
the Explanatory Note.
009 Non-fiction audio books on a variety of topics
On
07-21-2016, this 07-15-2010 entry was modified by deleting the bracketed
wording and incorporating it into the Note field. This description is only
acceptable when used in connection with a publishing house mark.
016 Non-fiction books on a variety of topics
On
07-21-2016, this 10-01-1994 entry was modified by deleting the bracketed
wording and incorporating it into the Note field. This description is only
acceptable when used in connection with a publishing house mark.
016 Non-fiction books on a variety of topics
On
07-21-2016, this 08-01-2005 entry was modified by deleting the bracketed
wording and incorporating it into the Note field. This description is only
acceptable when used in connection with a publishing house mark.
009 Non-fiction e-books on a variety of topics recorded on
computer media
This description is only acceptable when used in
connection with a publishing house mark.
016 Non-magnetically encoded blank bank cards for issuance by
financial institutions
Blank bank cards, not magnetically encoded,
are often sold by commercial vendors to financial institutions who then issue
them to individuals
016 Non-magnetically encoded identification document, namely,
blank {indicate type of document, e.g., passports, visas, drivers' licenses}
for issuance by {indicate authority, e.g., government agencies, etc.}
Blank identification documents, not magnetically encoded, such as passports,
visa documents and driver's licenses are often sold by commercial vendors to
governmental organizations who then issue them to individuals.
031 Non-medicated additives for animal feed
1-1-2012
The 4-2-1991 entry has been deleted because it is no longer acceptable under
the 10th Edition of the Nice Agreement. Food additives for culinary purpose
are classified in Classes 29-33 depending on the nature and purpose of the
goods. Food additives for use in the food industry are in Class 1. This entry
is being replaced by “Non-nutritional feed additives for use in manufacturing
animal feed” in Class 1.
010 Non-medicated adhesive paper for removing ticks
On 08-09-2012, the 02-01-2007 entry was modified by deleting “adhesive sheets”
and inserting “adhesive paper” to make clear the nature of the goods and the
justification for classifying them in Class 10.
003 Non-medicated cosmetic skin care preparations consisting
of organic coconut virgin oil and coconut virgin oil
11-28-2013:
Entry status changed from “A” added to “X” example.
029 Non-medicated ingredients or additives for use as
ingredients in nutritional supplements, namely, extracts of fruit or
vegetables and essences of fruit or vegetables and juices of fruit and
vegetables [not in the nature of essential oils]
1-1-2012 -- This
entry of 9-2-2010 has been deleted, and it is no longer acceptable because the
purpose of the goods is not clear, and it is too broad for classification
under the 10th Edition of the Nice Agreement. The wording “ingredients or
additives for use as ingredients” is ambiguous. It is unclear whether the
goods are in the nature of flavorings in Class 30, nutritional supplements in
Class 5, or something else.
029 Non-medicated ingredients or additives for use in food,
namely, extracts of fruit or vegetables and essences of fruit or
vegetables
On 01-26-2012, this 07-15-2010 entry was deleted because
it is overbroad and may include goods in multiple classes. Under the Tenth
Edition of Nice Classification System, applicants must indicate the generic
name of the food additives and their purpose and classify those goods
according to purpose (when the goods are for culinary purposes, then the
nature of the additives also factors into the classification).
003 Non-medicated lip balm that does not contain beeswax
09-12-2013: Entry status changed from “A” added to “X” example.
003 Non-medicated lip care preparations
Medicated lip
care preparations are in Class 5.
003 Non-medicated lip protectors
Medicated lip
protectors are in Class 5.
003 Non-medicated mouth wash and rinse
11-28-2013:
Entry status changed from “A” added to “X” example.
003 Non-medicated skin creams with essential oils for use in
aromatherapy
Essential oils” are in the Nice Classification List in
Class 3; therefore, the identified goods are in Class 3 even though they are
for aromatherapy purposes.
003 Non-medicated skin cream for general skin rash and
irritation resulting from skin shingles
11-28-2013: Entry status
changed from “A” added to “X” example.
020 Non-metal and non-leather key chains that may be used for
self-defense
On 08-15-2013, this 07-02-2013 entry was modified from
“Non-metal key chains that may be used for self-defense” to the current
wording to make clear the rationale for classification in Class 20. Key
chains are classified by material composition, e.g., of metal in Class 6, of
precious metal in Class 14, and of leather in Class 18.
020 Non-metal and non-paper insulated shipping containers for
transporting frozen materials
9-24-09 - the 6-1-01 entry was changed
to add “non-paper” since paper or cardboard insulated shipping containers
would be in Class 16.
019 Non-metal artificial fish reefs
On 3-21-2013, the
7-20-2004 entry “Artificial fish reefs [not of metal]” was modified to
incorporate the material content of the goods into the identification. The
goods are classified according to material content. Artificial fish reefs of
metal are classified in Class 6.
019 Non-metal balustrades
On 01-01-2016, this
04-02-1991 entry was modified to add “Non-metal” in order to clarify the
nature of the goods and their justification for classification in Class 19 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Metal balustrades are classified in Class 6.
022 Non-metal bands for wrapping or binding
On
04-03-2014, the 04-02-1991 entry was amended to add the word “non-metal.“
Non-metal bands for wrapping or binding are classified in Class 22. Metal
bands for wrapping or binding are classified in Class 6.
019 Non-metal bicycle storage racks
Bicycle storage
racks are classified by material composition because they are analogous to
small structures.
019 Non-metal bird baths made of {indicate material, e.g.,
concrete}[structures]
On 3-21-2013, the 3-15-1993 entry “Bird baths
made of {indicate material, e.g., concrete}[structures not of metal]” was
amended to clarify that the goods are non-metal.
020 Non-metal boxes, other than those of paper
Item
deleted because boxes are classified in the class of the material composition
or, if highly specialized (e.g., boxes for pens) in the class of the specific
item for which it is designed.
019 Non-metal brackets for gutters
Non-metal brackets
for gutters are classified in Class 19 because they are considered building
materials.
019 Non-metal building materials, namely, {indicate specific
Class 19 materials and/or specific use or purpose, e.g., fiberglass panels,
floor boards, fascia, etc.}
On 05-14-2015, the 09-09-2010 entry for
“Non-metal building materials, namely, {indicate specific materials and/or
specific use or purpose}” was amended to add “Class 19” and examples of Class
19 non-metal building materials to make it clear that any non-metal building
materials indicated must be classifiable in Class 19. For more detail on the
materials of Class 19, please see TMEP §1401.02(a).
019 Non-metal clapboard
Also called “weatherboard,”
clapboard is narrow, long board that is thicker at one edge, used to cover the
outsides of buildings.
020 Non-metal clips for general use
On 04-16-2015,
this 06-01-2001 entry was amended from “Non-metal clips for {indicate use}” to
“Non-metal clips for general use,” for clarity. All “money clips” are
classified in Class 16 based on Nice Agreement entry for “money clips” in
Class 16 without limitation as to material composition.
019 Non-metal decks comprised primarily of {indicate material,
e.g., fiberglass, plastic, etc.} for {indicate use, e.g., commercial
buildings, residential use, etc.}
Non-metal decks is an acceptable
identification in Class 19. Further specification of the use of the goods is
permissible, but not required. Identification of material composition may be
required during examination of marks that feature terminology referring to
certain material contents. See TMEP §1203.02(f)(i) for further
information.
021 Non-metal decorative boxes
Item deleted because
boxes are classified in the class of the material composition or, if highly
specialized (e.g., boxes for pens) in the class of the specific item for which
it is designed.
020 Non-metal door handles
Transferred from Class 21
pursuant to 9th edition of Nice Agreement - all nonmetal door handles are in
20.
019 Non-metal elbows for pipes [for rigid pipes]
07-01-01: Original entry; 10-07-10: Re-worded “Elbows not of metal for pipes”
to “Non-metal elbows for pipes [for rigid pipes]” (the substance of the entry
is the same) and transferred the entry from Class 20 to Class 19. The entry
was incorrectly classified in 20. Non-metal pipe fittings for rigid pipes are
in Class 19.
019 Non-metal exterior blinds
On 01-01-2014, this
entry of 02-02-2002 was deleted pursuant to the addition of “Outdoor blinds of
textile” in Class 22 to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14. Outdoor blinds, not of metal and not of textile are in Class
19.
019 Non-metal fireplace surrounds
10-22-10 The 4-2-91
entry was amended to add the word “non-metal” before the word “fireplace.”
Metal fireplace surrounds are classified in Class 6.
017 Non-metal fittings for flexible compressed air pipes
The word “flexible” was added to the 02-07-09 entry because only flexible
pipes are in Class 17 under the Nice Agreement. 10-07-10: Re-worded the entry
“Flexible compressed air pipe fittings, not of metal” to make clear the nature
of the goods; the substance of the entry is the same.
019 Non-metal floor tiles
Other than carpet tiles -
they are in 27.
019 Non-metal floors comprised primarily of {indicate
material, e.g., fiberglass, plastic, etc.} for {indicate use, e.g., office
buildings, outdoor use, etc.}
Non-metal floors is an acceptable
identification in Class 19. Further specification of the use of the goods is
permissible, but not required. Identification of material composition may be
required during examination of marks that feature terminology referring to
certain material contents. See TMEP §1203.02(f)(i) for further
information.
020 Non-metal fluid storage tanks
On 4-5-2012, this
07-01-2001 entry was deleted because it is too broad and includes storage
tanks of masonry in Class 19. It is no longer acceptable.
017 Non-metal gaskets for {indicate specific field of use}
These gaskets are other than those used in land vehicle engines - seals
for use in land vehicle engines are in 7.
020 Non-metal hardware, namely, general use wall and ceiling
mounts for audio, video or computer equipment
On 04-10-2014, this
08-01-2004 entry of “Non-metal audio, video and computer wall and ceiling
mounts” was amended to make clear that these goods are non-metal hardware for
general use.
020 Non-metal hardware, namely, wall-mounted brackets for
storing {indicate type of devices, tools or equipment, e.g., pressure washers,
power tools, etc.}
On 04-10-2014, this 01-01-2005 entry was amended
to a fill-in entry to benefit a broader group of users.
020 Non-metal hardware, namely, ceiling mounts for decorative
mobiles
On 04-10-2014, this 07-23-2009 entry was amended from
“Non-metal ceiling mounts for decorative mobiles” to “Non-metal hardware,
namely, ceiling mounts for decorative mobiles” to make clear that these
ceiling mounts are classified in Class 20 because they are considered
non-metal hardware. These goods are analogous to other non-metal hardware
listed in Class 20 in the Nice Alphabetical list such as “screws, not of
metal; rivets, not of metal; and bolts, not of metal.”
018 Non-metal horseshoes [not game equipment]
This
entry was transferred from Class 17 to Class 18 due to the restructuring that
was implemented in the 9th edition of the Nice Agreement.
017 Non-metal hose fittings
04-02-1991: Original
entry; 10-07-10: Transferred entry to Class 17; this entry was incorrectly
classified in 20 due to a translation problem in the Nice Agreement's
Alphabetical List.
020 Non-metal knobs
In accordance with the 10th
Edition of the Nice Agreement, metal knobs are in Class 6, precious metal
knobs are in Class 14 and non-metal knobs are in Class 20.
020 Non-metal mats for use as load support surfaces in the
construction industry
These goods are similar in function and purpose
to pallets. According to the Nice Alphabetical List, loading pallets and
handling pallets are classified in Classes 6 and 20 based on whether they are
metal or non-metal, respectively.
019 Non-metal modular homes comprised of {indicate, e.g.,
wood, etc.}
Non-metal modular homes is acceptable wording; further
specification is acceptable, but is not required.
020 Non-metal money clips
All money clips are in
Class 16 based on Nice Agreement entry for “money clips” in Class 16 without
limitation as to material composition.
019 Non-metal partitions for building
Partitions in
the nature of building materials are classified in Class 6 or 19 depending on
whether they are metal or non-metal, respectively, but freestanding partitions
are classified in Class 20 as furniture, and applicants are not required to
specify the material composition.
021 Non-metal piggy banks
1-1-2012 Under the 10th
Edition of the Nice Agreement, all piggy banks, regardless of material
composition, were transferred to Class 21, as household/domestic containers,
with the exception of toy piggy banks, which the USPTO classifies in Class 28
as toys.
020 Non-metal pipe collars
04-02-1991 Original entry;
10-07-10: Transferred entry to Class 19; this entry was incorrectly classified
in 17 due to a translation problem in the Nice Agreement's Alphabetical List.
On 01-01-2015, this 10-07-2010 entry was transferred from Class 19 to Class 20
in compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
019 Non-metal pipe couplings and joints
04-02-1991
Original entry; 10-07-10: Transferred entry to Class 19; this entry was
incorrectly classified in 17 due to a translation problem in the Nice
Agreement's Alphabetical List.
019 Non-metal pipe fittings for compressed air pipes
Metal pipe fittings for rigid pipes are in Class 6, non-metal pipe fittings
for rigid pipes are in 19, and non-metal hose fittings are in 17.
019 Non-metal pipe fittings [for rigid pipes]
Metal
pipe fittings for rigid pipes are in Class 6, and non-metal hose fittings are
in 17.
019 Non-metal pipe fittings, namely, rosettes [for rigid
pipes]
Metal pipe fittings for rigid pipes are in Class 6, non-metal
pipe fittings for rigid pipes are in 19, and non-metal hose fittings are in
17.
020 Non-metal pipe fittings
Only highly specialized
types of fittings may be in 20; most pipe fittings are in 6, 17 or 19.
020 Non-metal plant markers
These are small stakes to
identify the location and type of plant in a garden, container, or flower
bed.
020 Non-metal portable stairs [not for building purposes]
These goods are in Class 20 because Boarding stairs, not of metal,
mobile, for passengers are in the Nice Alphabetical List in Class 20 and
because they are comparable to step stools and ladders that are portable, and
are not intended to be permanent fixtures for buildings or structures.
020 Non-metal portable staircases [not for building
purposes]
These goods are in Class 20 because Boarding stairs, not of
metal, mobile, for passengers are in the Nice Alphabetical List in Class 20
and because they are comparable to step stools and ladders that are portable,
and are not intended to be permanent fixtures for buildings or structures.
020 Non-metal pulls
Similar to knobs, in accordance
with the 10th Edition of the Nice Agreement, metal pulls are in Class 6,
precious metal pulls are in Class 14 and non-metal pulls are in Class 20.
020 Non-metal pulls for {indicate use}
Item deleted
because it includes goods in classes other than 20.
019 Non-metal rumble strips
These goods are non-metal
building materials for use in road construction.
020 Non-metal sash fasteners for windows
On
01-01-2016, this 04-02-1991 entry was transferred from Class 19 to Class 20 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
017 Non-metal seals for {indicate type of pipe} pipe
connections
7/31/08 - “Non-metal” added before “seals” to clarify
goods for Class 17. Metal seals for pipes connections would be in Class 6.
017 Non-metal seals for use in {indicate field of use} [NOT
for machinery or land vehicle engines]
These seals are other than
those used in land vehicle engines and machinery - seals for use in land
vehicle engines and machinery are in 7. 05-22-2014: Bracketed language added
to description.
020 Non-metal self-aligning demountable snap fasteners
consisting of press fasteners and press studs for use in attaching panels,
hatches, floors and furniture in boats, motor vehicles, trains and
aircraft
07-04-2013: Status changed from “A” - Added to “X” -
example.
019 Non-metal self-aligning demountable snap fasteners
consisting of press fasteners and press studs for use in attaching panels,
hatches, floors and furniture in buildings
07-04-2013: Status changed
from “A” - Added to “X” - example. 01-01-2016: On 01-01-2016, this 12-18-2008
entry was deleted as indefinite because the goods are not clearly in the
nature of Class 19 building materials. Under Nice 10-2016, “sash fasteners,
not of metal, for windows,” “window fasteners, not of metal,” and “door
fasteners, not of metal” were added to the Nice Alphabetical List in Class
20.
019 Non-metal slabs of {indicate composition, e.g., cement,
concrete, clay, slate}
On 01-01-2014, this entry of 04-02-1991 “Slabs
of {indicate composition, e.g., cement, concrete, clay, slate}” was amended to
“Non-metal slabs of {indicate composition, e.g., cement, concrete, clay,
slate}.”
020 Non-metal storage and process tanks for use in the
pharmaceutical and biotechnology industries
On 4-5-2012, this
09-01-2004 entry was deleted because it is too broad and includes storage
tanks of masonry in Class 19. It is no longer acceptable.
020 Non-metal storage tanks and roofs therefor
On
4-5-2012, this 07-01-2001 entry was deleted because it is too broad and
includes storage tanks of masonry in Class 19. It is no longer acceptable.
019 Non-metal telephone booths
On 3-21-2013, the
3-15-1993 entry “Telephone booths [non-metal]” was amended to incorporate the
bracketed wording into the identification. The material content of the goods
should be included in the identification for classification purposes. Metal
telephone booths are classified in Class 6.
020 Non-metal throw weights for commercial or industrial
use
The primary purpose of these weights is to weigh down the end of
a rope or other type of line. The function and purpose of the goods is not
covered in the Class Headings. Therefore, these goods are classified according
to material composition.
019 Non-metal tiles for walls, floors or ceilings
On
3-31-2011, the 11-4-2010 entry was amended from “Tiles for walls, floors or
ceilings” to “Non-metal tiles for walls, floors or ceilings” in Class 19,
because “Metal tiles for walls, floors or ceilings are classified in Class
6.
020 Non-metal valves for containers
Note that
manually operated metal valves are in Class 6; valves being machine parts and
engine valves for vehicles and machinery are in Class 7; automatic control
valves are in Class 9; valves for plumbing and heating and cooling
installations are in Class 11; and rubber, manually operated valves are in
Class 17.
019 Non-metal vent cover for HVAC ducts
6/26/08 -
Transferred from Class 20 - these are more in the nature of non-metal
construction materials than non-metal hardware elements.
019 Non-metal vent covers for roof deck protrusions, drains
and pitch pans
6/26/08 - Transferred from Class 20 - these are more
in the nature of non-metal construction materials than non-metal hardware
elements.
019 Non-metal wall tiles
On 3-31-2011, the 4-2-1991
entry of “Wall tiles” was amended to “Non-metal wall tiles,” in Class 19,
because “Metal wall tiles” are classified in Class 6.
019 Non-metal weatherboard
Also called “clapboard,”
weatherboard is narrow, long board that is thicker at one edge, used to cover
the outsides of buildings.
019 Non-metal, rigid filtering tubes used to prevent storm
water runoff pollutants from entering sewer systems
On 02-18-2016,
this 10-04-2007 entry was amended to add the word “rigid” after the word
“Non-metal,” for clarity purposes.
019 Non-metal, rigid tubing and tubing couplings for joining
and terminating pipes
07-01-01: Original entry; 10-07-10: Transferred
entry to Class 19; this entry was incorrectly classified in 17 due to a
translation problem in the Nice Agreement’s Alphabetical List. On 02-18-2016,
this 10-07-2010 entry was amended to add the word “rigid” after the word
“non-metal,” for clarity purposes.
020 Non-metallic bottle stoppers
4-24-08 - Includes
stoppers not of glass or rubber. Glass stoppers are in Class 21 and Rubber
stoppers are in Class 17 under the Nice Agreement.
020 Non-metallic closures for containers
Must be not
of paper either. Paper closures for containers are in 16.
017 Non-metallic hoses and flexible pipes
8-5-10 The
id was amended to add the word “flexible” before the word pipes. Only
flexible pipes are classified in Class 17 under the Nice Agreement.
020 Non-metallic sealing caps for {indicate, e.g., partially
used caulking tubes, etc.}
Non-metallic sealing caps is acceptable
wording; further specification is acceptable, but it is not required.
020 Non-modular containers, not of metal, for use in
transportation and storage for commercial or industrial use
12-3-09 -
“not of metal” added to 6-25-09 ID since these goods would be in 6 if made of
metal so material composition is required.
028 Non-motorized golf bag carts
On 01-01-2015, this
04-02-1991 entry was amended to add the word “bag” to clarify the nature of
the goods. Golf bag carts are carts that are used to carry golf bags and
equipment. Motorized or non-motorized golf bag carts are classified in Class
28 because they are in the nature of sporting apparatus rather than vehicles.
Golf carts in the nature of vehicles are classified in Class 12.
012 Non-motorized push scooters
This item was added
in the 8th edition of the Nice Agreement. It is a vehicle rather than a toy so
it is classified in Class 12 rather than in Class 28. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was modified from “Non-motorized scooters
[vehicles]” to “Non-motorized push scooters” to clarify the nature of the
goods. Under Nice 10-2016, the specific type of vehicle scooters should be
indicated, e.g., mobility scooters or push scooters. Toy scooters are
classified in Class 28.
009 Non-refrigerated and non-heated electrical liquid
dispensers
1-1-2012 This entry of 10-1-2005 concerning a Class 9
electric or electrothermic apparatus was deleted, because absent the
“electrical” nature of these goods the exact nature or purpose of these goods
is unclear for purposes of reclassifying these goods under the 10th Edition of
the Nice Agreement.
017 Non-slip, rubber adhesive-backed bathtub appliques
On 1-1-2013, the 04-12-1999 entry was modified by inserting the word
“rubber” to make clear the reason for classifying these goods in Class 17. The
word “appliques” is used in the U.S. marketplace to refer to a variety of
goods in multiple classes. However, effective January 1, 2013, the wording
“Appliques [haberdashery]” appears in the Nice Alphabetical List in Class 26,
and this new Alphabetical List entry encompasses clothing decorations such as
fabric patches. Therefore, applicants who intend to apply for an Extension of
Protection under the Madrid Protocol should consider limiting their use of the
term “appliques” to Class 26 because including this term in other classes may
result in a Notice of Irregularity.
003 Non-slipping liquids for floors
On 05-05-2016,
this 01-01-2007 entry was deleted because it is overbroad and may include
chemical preparations applied to floors to prevent slipping in Class 1. This
wording is no longer acceptable under U.S. ID policy.
028 Non-telescopic archery bow sights
“Non-telescopic” was added to the language of the entry to avoid confusion
with telescopic archery sights in Class 9.
013 Non-telescopic gun sights for firearms
“Non-telescopic” was added to the language of the entry to avoid confusion
with telescopic gun sights in Class 9.
045 Notary public services
4/17/2008 Services
transferred from Class 42 since this is a legal verification service and legal
services are in Class 45 pursuant to the 9th Edition of the Nice
Agreement.
016 Note pads
On 05-30-2013, the 04-02-1991 entry was
deleted because it is already covered by the existing Manual entry
“Notepads.”
016 Note papers
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
016 Notepad holders
On 05-30-2013, the 07-20-2004
entry was amended to replace “Note pad” with “Notepad” in order to make the
spelling of the term consistent among Manual entries and to provide more
uniform search results.
025 Novelty headwear with attached wigs
10-03-2013:
Entry status changed from “A” added to “X” example.
028 Novelty toy items in the nature of pop ups
These
items are commonly used as party favors and consist of a small novelty item
with a suction cup and spring attached. The item is pushed down on a surface
so that the suction cup attaches to the surface. The tension in the spring
will release causing the object to pop up.
043 Nurseries and day care centers
This service
encompasses only temporary care of an individual at a location other than the
home. If education or entertainment is also offered, it should be identified
appropriately and classified in Class 41. On 10-6-2011, this 1-1-2002 entry
was deleted because it is too similar to an existing entry for “Providing day
care centers”. 07-25-2013: Acceptable entry status changed from “D” deleted to
“X” example.
025 Nursing apparel, namely, {indicate specific items}
[nursing covers are in Class 24]
On 10-09-2014, the 01-01-1995 entry
was modified by inserting the bracketed wording. “Fabric drapes designed to
conceal the act of breastfeeding in public,” or nursing covers, are classified
as textile goods in Class 24.
044 Nursing care
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
024 Nursing covers
Nursing covers are fabric drapes
designed to conceal the act of breastfeeding in public.
044 Nursing home services
01-01-2002: This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Nursing homes” to “Nursing
home services” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
029 Nut butters, namely, {indicate specific kind of nut, e.g.,
cashew butter, almond butter}
On 07-18-2013, the 04-02-1991 entry was
modified by inserting “, namely” which had inadvertently been omitted from the
identification. “Nut butters” is acceptable in Class 29; further specification
of the type of nut butter is also acceptable, but it is not required.
008 Nut crackers of precious metal
This entry was
transferred from Class 14 to Class 8 pursuant to the 9th edition of the Nice
Agreement.
030 Nut flours
10-31-2013: This entry of 03-01-2006
was reclassified from Class 29 to 30 on the basis that flours made of
vegetables or legumes, such as soya flour, bean meal, and tapioca flour for
food are in the Nice Alphabetical List in Class 30. When used in food either
as thickening agents or to prepare foods for individuals who cannot eat
grain-based flour, such goods are also in Class 30.
008 Nutcrackers
This entry was due to the
restructuring that was implemented in the 9th edition of the Nice Agreement.
All nutcrackers are in Class 8, regardless of material composition.
008 Nutcrackers not of precious metal
This entry was
modified due to the restructuring that was implemented in the 9th edition of
the Nice Agreement. All nutcrackers are in Class 8, regardless of material
composition.
008 Nutcrackers of precious metal
This entry was
added due to the restructuring that was implemented in the 9th edition of the
Nice Agreement. All nutcrackers are in Class 8, regardless of material
composition.
014 Nutcrackers, pepper pots, sugar bowls, salt shakers, egg
cups, napkin holders, napkin rings, trays and toothpick holders of precious
metal
This entry was deleted because pursuant to the 9th edition of
the Nice Agreement goods are not classified in class 14 merely because they
are made of precious metals and as nutcrackers are in class 8 and pepper pots
and sugar bowls etc. are in 21, this entry is no longer an entry that falls in
one class
044 Nutrition counseling
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
005 Nutritional additives for medical purposes for use in
foods and dietary supplements for human consumption
“For medical
purposes” added to ID so it would be consistent with other “nutritional
additives” in the Manual. 1-5-2012 This entry of 04-19-2007 has been deleted
under the 10th Edition of the Nice Agreement since “Additives to fodder for
medical purposes” has been deleted from the Nice Alphabetical List. Additives
in the nature of dietary supplements for humans or for animals are in Class
5.
005 Nutritional additives for livestock feed for medical
purposes
1-5-2012 This entry of 4-1-2006 has been deleted under the
10th Edition of the Nice Agreement since “Additives to fodder for medical
purposes” has been deleted from the Nice Alphabetical List. Additives in the
nature of dietary supplements for humans or for animals are in Class 5.
005 Nutritional additives to foodstuffs for animals, for
medical purposes
1-5-2012 This entry of 07-20-2004 has been deleted
under the 10th Edition of the Nice Agreement since “Additives to fodder for
medical purposes” has been deleted from the Nice Alphabetical List. Additives
in the nature of dietary supplements for humans or for animals are in Class
5.
005 Nutritional additives for medical purposes used in foods
and dietary supplements for human consumption
1-5-2012 This entry of
09-24-2009 has been deleted under the 10th Edition of the Nice Agreement since
“Additives to fodder for medical purposes” has been deleted from the Nice
Alphabetical List. Additives in the nature of dietary supplements for humans
or for animals are in Class 5.
031 Nutritional additives for animal foodstuffs, not for
medical purposes
1-1-2012 The 7-20-2004 entry is being deleted
because it is no longer acceptable under the 10th Edition of the Nice
Agreement. Food additives for culinary purpose are classified in Classes 29-33
depending on the nature and purpose of the goods. Food additives for use in
the food industry are in Class 1. This entry is being replaced by “Nutritional
additives for use in manufacturing animal feed” in Class 1.
005 Nutritional drink mix for use as a meal replacement
On 1-1-2012, the 4-2-1991 entry was deleted because it is no longer
acceptable under the 10th Edition of the Nice Agreement. Meal replacement bars
and drinks adapted for medical use are in Class 5, and meal replacement bars
and drinks not for medical purposes are in Classes 29-33 depending on the
nature of the goods. “Nutritional drink mix” is too broad for classification
in Classes 29-33 and must be further specified.
005 Nutritional drinks used for meal replacement
On
1-1-2012, the 7-24-2008 entry was deleted because it is no longer acceptable
under the 10th Edition of the Nice Agreement. Meal replacement bars and drinks
adapted for medical use are in Class 5, and meal replacement bars and drinks
not for medical purposes are in Classes 29-33 depending on the nature of the
goods. “Nutritional drinks” is too broad for classification in Classes 29-33
and must be further specified.
005 Nutritional energy bars for use as a meal substitute
On 1-12-2012, the 03-01-2007 entry was deleted because it is no longer
acceptable under the 10th Edition of the Nice Agreement. This entry has been
replaced with the entry “nutritional supplement energy bars” because
“nutritional supplements” are in Class 5 in the Nice Alphabetical List under
the 10th Edition.
005 Nutritional food bars for use as a meal replacement
1-1-2012 This entry of 7-30-2009 has been deleted because it is too broad
for classification under the 10th Edition of the Nice Agreement, which makes
clear that meal replacement bars adapted for medical use are in Class 5, and
meal replacement bars not for medical purposes are classified as food or
beverages in Classes 29-33 depending on how those goods are specified.
005 Nutritional meal replacement bars adapted for medical use
for individuals undergoing medical treatments
On 1-1-2012, the
1-29-2009 entry was amended by inserting “adapted for medical use” to justify
including it in Class 5 under the 10th Edition of the Nice Agreement. The 10th
Edition provides that meal replacement bars and drinks adapted for medical use
are in Class 5, and meal replacement bars and drinks not for medical purposes
are in Classes 29-33 depending on the nature of the goods.
003 Nutritional oils for cosmetic purposes
1-1-2012
“Oils for cosmetic purposes” are in the Nice Alphabetical List in Class 3.
029 Nutritional oils for food purposes
Transferred
from Class 30 - previous class incorrect. 1-1-2012 - The entry of 7-12-2007
was deleted because it is too broad for classification under the Tenth Edition
of the Nice Agreement. Nutritional supplements are in Class 5, while food
additives may be classified as food and beverages in Class 29-33, as raw
materials in Class 1, or as medical preparations in Class 5 depending on the
nature and purpose of the goods.
005 Nutritional oils not for food or cosmetic purposes
1-1-2012 This entry of 10-1-2005 has been deleted because the purpose of
the goods is not clear, and it is too broad for classification under the 10th
Edition of the Nice Agreement.
005 Nutritional oils not for cosmetic purposes
8-6-09
- entry of 9-1-05 deleted. It is inconsistent with the other nutritional oil
entries and could include nutritional oil for food purposes that is in 29.
005 Nutritional shakes for use as a meal substitute
On 1-12-2012, the 10-01-2005 entry was deleted because it is no longer
acceptable under the 10th Edition of the Nice Agreement. This entry has been
replaced with the entry “nutritional supplement shakes” because “nutritional
supplements” are in Class 5 in the Nice Alphabetical List under the 10th
Edition.
005 Nutritional supplement in the nature of a nutrient-dense,
protein-based drink mix
08-01-2013: Acceptable entry status changed
from “A” added to “X” example.
005 Nutritionally fortified water for medical purposes
This item refers to water that is merely a carrier for nutritional
supplements. A regular Class 32 beverage that simply has an added health
component, such as orange juice fortified with calcium, is still in Class 32.
01-01-2016: On 01-01-2016, this 08-06-2001 entry was modified to add “for
medical purposes” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Under Nice 10-2016, identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
005 Nutritionally fortified beverages for medical purposes
This item refers to a beverage that is merely a carrier for nutritional
supplements. A regular Class 32 beverage that simply has an added health
component, such as orange juice fortified with calcium, is still in Class 32.
01-01-2016: On 01-01-2016, this 10-01-2001 entry was modified to add “for
medical purposes” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Under Nice 10-2016, identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
005 Nutritive additive to enhance fungi for purposes of pest
management
1-5-2012 This entry of 11-26-2009 has been deleted under
the 10th Edition of the Nice Agreement since “Additives to fodder for medical
purposes” has been deleted from the Nice Alphabetical List. Additives in the
nature of dietary supplements for humans or for animals are in Class 5.
029 Nuts [shelled, roasted or otherwise processed]
Must indicate nature of processing of nuts for them to be clearly in 29.
Fresh, raw or unprocessed nuts are in Class 31.
029 Nut-based milk for use as a milk substitute
On
05-08-2014, this 03-20-2008 entry was amended from “Nut-based milk” to
“Nut-based milk for use as a milk substitute” for clarity.
029 Nut-based spread also containing chocolate
On
01-01-2016, this 04-02-1991 entry was modified from “Chocolate nut butter” to
“Nut-based spread also containing chocolate” in order to clarify the nature of
the goods and the justification for their classification in Class 29.
“Chocolate nut butter” was deleted from the Nice Alphabetical List under the
Nice Classification, Tenth edition, version 2016, effective 01-01-2016. Under
Nice 10-2016, “chocolate nut butter” is indefinite and could encompass goods
in multiple classes. Chocolate-based spread also containing nuts is
classified in Class 30 because chocolate is the primary component, and
chocolate is classified in Class 30.
007 Nut-tapping machines
These machines are typically
used in manufacturing in the automotive, hardware, and furniture
industries.
022 Nylon strapping or tie downs
On 09-13-12, the
10-27-2011 entry was modified by deleting “not of metal” and inserting “Nylon”
to make clear the justification for classifying these goods in Class 22.
Straps are generally classified according to the function or purpose of the
goods. However, straps for securing items and general purpose straps are
classified in Classes 6, 18, or 22 depending on the material composition of
the goods. Straps with functions that are not covered by the Class Headings -
like these straps - are also classified in Classes 6, 18, or 22 depending on
material composition.
022 Nylon straps for handling loads
On 09-13-12, the
10-27-2011 entry was modified by deleting “not of metal” and inserting “Nylon”
to make clear the justification for classifying these goods in Class 22.
Straps are generally classified according to the function or purpose of the
goods. However, straps for securing items and general purpose straps are
classified in Classes 6, 18, or 22 depending on the material composition of
the goods. Straps with functions that are not covered by the Class Headings -
like these straps - are also classified in Classes 6, 18, or 22 depending on
material composition.
022 Nylon support straps for holding planted trees in an
upward position
On 09-13-12, the 08-16-2007 entry was modified by
deleting “Non-metal” and inserting “Nylon” to make clear the justification for
classifying these goods in Class 22. Straps are generally classified according
to the function or purpose of the goods. However, straps for securing items
and general purpose straps are classified in Classes 6, 18, or 22 depending on
the material composition of the goods. Straps with functions that are not
covered by the Class Headings - like these straps - are also classified in
Classes 6, 18, or 22 depending on material composition.
022 Nylon tie down straps
On 12-30-10, the 4-2-1991
entry was amended to add the words “non-metal” to distinguish them from the
metal tie downs that are classified in Class 6. On 09-13-12, the 12-30-10
entry was modified by deleting “Non-metal” and inserting “Nylon” to make clear
the justification for classifying these goods in Class 22. Straps are
generally classified according to the function or purpose of the goods.
However, straps for securing items and general purpose straps are classified
in Classes 6, 18, or 22 depending on the material composition of the goods.
Straps with functions that are not covered by the Class Headings are also
classified in Classes 6, 18, or 22 according to material composition.
022 Nylon towing straps
On 09-13-12, the 08-01-04
entry was modified by inserting “Nylon” to make clear the justification for
classifying these goods in Class 22. Straps are generally classified according
to the function or purpose of the goods. However, straps for securing items
and general purpose straps are classified in Classes 6, 18, or 22 depending on
the material composition of the goods. Straps with functions that are not
covered by the Class Headings are also classified in Classes 6, 18, or 22
according to material composition.
025 Obis
04-30-2015: An obi is a broad sash worn with
a Japanese kimono.
009 Observation rockets
These goods are scientific
apparatus featuring a rocket for purposes of being launched into the
atmosphere and collecting data at a high altitude. Although the goods are
called “Observation rockets,” these goods are not primarily in the nature of
projectiles in Class 13. These goods are classified in Class 9 because they
are primarily in the nature of scientific apparatus
044 Obstetric and gynecology services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Occupational therapy services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
001 Octane booster fuel chemical additive
Non-chemical petroleum-based fuel and motor oil additives are in Class 4
009 Octants
Octants are measuring instruments
commonly used for navigation purposes.
029 Octopuses, not live
On 1-31-2013, the 7-20-2004
entry “Octopuses [not live]” was modified to incorporate the bracketed wording
into the identification. Live octopuses are classified in Class 31.
010 Ocular implants made of artificial materials
These implants consist of non-living substances. Implants comprising living
tissue are in Class 5. On 3-21-2013, this 4-2-1991 ID was amended from “Ocular
implants” to “Ocular implants made of artificial materials” to make clear that
these goods are made from artificial materials. An ocular implant replaces
the lost volume of the natural eye.
003 Odor removers for pets
This entry replaces Pet
odor removers in Class 3 because that wording caused confusion with odor
eliminating and neutralizing preparations for use on carpets, textiles, and
other household surfaces in Class 5.
001 Oenological bactericides [chemical preparations used in
wine making]
This is an exception to bactericides in Class 5 since
this is used in manufacturing.
035 Offering business management assistance in the
establishment and/or operation of restaurants
12-3-2009 - “Technical
assistance” changed to “business management assistance” in the 4-2-1991 entry
since this could include assistance in information technology or other fields
that would not be included in Class 35 assistance.
043 Office coffee supply services
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. On 10-6-2011,
this 1-1-2002 entry was deleted because, although acceptable, it is too
similar to entry of “Coffee supply services for offices [provision of
beverages] 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Office space management
This entry was considered
ambiguous because the nature of the service was difficult to define.
006 Offshore drilling platforms made primarily of metal
2-4-10 - the 1-2-97 entry was changed to make “metal” a part of the
required language of the ID rather than an instructional note in brackets.
Concrete drilling platforms exist as well as metal and the non-metal platforms
are in Class 19.
011 Oil and gas burners for {indicate use, e.g., industrial,
commercial, domestic} use
On 08-25-2016, this 09-25-2008 entry was
amended from “Oil and gas burners for {indicate use, e.g., industrial,
commercial, domestic}” to “Oil and gas burners for {indicate use, e.g.,
industrial, commercial, domestic} use,” for clarity.
037 Oil and gas well downhole coring services
Downhole coring is a procedure that typically entails using a core bit to
drill and remove a cylindrical sample of rock.
020 Oil and gas well equipment, namely, bridge plugs and
fracturing plugs composed of plastic and synthetic rubber for controlling
pressure or fluids downhole
10-03-2013: Status of entry changed from
“A”-Added to “X”-Example. Bridge plugs and fracturing plugs composed of
plastic and synthetic rubber for controlling pressure of fluids downhole are
classified in Class 20 based on the material composition of the plugs.
007 Oil filters
Limited to oil filters used in motor
vehicle engines.
007 Oil hydraulic presses for metalworking
On
06-25-2015, this 07-20-2004 entry was modified to incorporate the bracketed
wording “[for metalworking]” into the identification in order to clarify the
purpose of the goods.
012 Oil pumps for land vehicle engines
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 and engines and
their parts in the 6th edition of the Nice Agreement in 1992.
009 Oil well Christmas trees in the nature of an assembly of
valves, spools, and fittings that control the flow of oil or gas out of a
well
On 11-06-2014, this 11-08-2007 entry was amended from “Christmas
trees for use in oil well production” to the current ID to justify its
classification in Class 9.
004 Oils, waxes for use in the manufacture of other
products
12-10-09 - fats and lipids deleted from Class 4 ID. Lipids
and fats are not Class 4 industrial greases or oils. They are fats often used
in the manufacture of other goods.
029 Olive oils
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
035 Online advertisements
On 05-21-2015, this
05-07-2010 entry was deleted because the nature of the activity is unclear as
worded.
035 Online advertising and marketing services in the field of
{indicate field or type of goods/services, e.g., dentistry, dental equipment,
etc.} via wireless networks for display on mobile devices
On-line
advertising and marketing services is acceptable wording; further
specification is acceptable, but it is not required.
035 Online advertising and marketing services in the field of
{indicate field or type of goods/services, e.g., dentistry, dental equipment,
etc.}
On-line advertising and marketing services is acceptable
wording; further specification is acceptable, but it is not required.
035 Online advertising and promotional services
This
refers to a combined item -- not two separate items. The term “promotional
services” cannot be used by itself. The promotion services must be linked
with the advertising services.
036 Online banking services accessible by means of
downloadable mobile applications [This is a banking service; it should not be
used to identify the mobile applications themselves, which are goods in Class
9.]
Online banking services accessible by means of downloadable
mobile application are classified in Class 36 as a financial service. The
means by which the banking services are conducted does not impact
classification. Note that downloadable mobile applications are separate goods
in Class 9.
041 Online electronic publishing of text and graphic works of
others featuring information regarding securities market services and
securities trading activity, information regarding publicly-traded companies
and other financial and business information
1-21-10 - This service
encompasses the preparation of the works for online publication, not providing
the work itself.
041 Online electronic publishing of books and periodicals
This service is different from providing the publication itself. This
service encompasses the preparation of the works for online publication, not
providing the work itself.
045 Online social networking services accessible by means of
downloadable mobile applications [This is an online social networking service;
it should not be used to identify the mobile applications themselves, which
are goods in Class 9.]
Online social networking services accessible
by means of downloadable mobile application are classified in Class 45 as a
personal service. The means by which the online social networking services are
accessed does not impact classification. Note that downloadable mobile
applications are separate goods in Class 9.
039 Online transportation reservation services
10-08-2009: Original entry; 03-17-2011 Amended “Online trip and travel
reservation services” to “Online transportation reservation services” because
the original entry is too broad and may include services in multiple classes,
e.g., travel ticket reservation services in Class 39, making hotel
reservations for others in Class 43; and ticket reservation services for
entertainment events in Class 41.
036 Online, real-time tax payment processing, tax payment
financial management, and tax payment financial analysis services
On
01-01-2015, this 04-29-2010 entry was amended to add the word “financial” to
clarify the nature of the services and the justification for classifying them
as financial services in Class 36. Under Nice Classification, Tenth edition,
version 2015, effective 01-01-2015, “Business management of reimbursement
programs for others” was added to the Nice Alphabetical List in Class 35 and
“Financial management of reimbursement payments for others” was added in Class
36.
035 On-line advertising and marketing services
This
identification should be used as an entire phrase. Advertising services by
itself would be acceptable. But marketing services can reasonably refer to a
retail-type activity. In the context of the language of this ID, marketing
refers to promoting or advertising the goods and services of others. While a
retail service would also be in Class 35, the nature and purpose of that type
of service is very different from an advertising type of service. 1-1-2012
“Marketing services” was added to the Manual as a separate entry pursuant to
the 10th Edition of the Nice Agreement. When listed by itself, an
identification for “marketing” should include the term “services.” This entry
refers to the promoting of the goods and services of others.
036 On-line banking services featuring electronic alerts that
alert credit and debit card users when a single transaction exceeds a certain
amount
In this identification the electronic alerts are considered to
be only the means by which content provider services are rendered. The subject
matter of the content controls the service classification. 09-05-2013: Status
of entry changed from “A” added to “X” example.
042 On-line batch computer services, namely, configuration of
multiple files into a single group
5-12-11: The 4-2-1991 entry was
modified to specify the nature of the broad wording “batch computer
services.”
035 On-line business directories featuring {indicate subject
matter, e.g., restaurants and bars} [on-line listing, not on-line
publication]
1-14-10 - The subject matter must be a service or goods
that would reasonably be included in a directory. It is not a means of
providing information. A subject matter such as “life style” would not be
appropriate in an on-line directory.
035 On-line consignment services whereby goods are received on
consignment in on-line retail stores featuring {indicate specific field}
On 11-3-2011, this 6-5-2008 entry was deleted because, although
acceptable, is too specific to be of use to a broad range of applicants. On
08-01-2013, the status of this entry was changed from “D”-Deleted to
“X”-Example.
035 On-line consignment services whereby goods are received on
consignment for auction on an online auction site
On 11-03-2011, this
09-01-2005 entry was deleted because, although acceptable, is too specific to
be of use to a broad range of applicants. On 08-01-2013, the status of this
entry was changed from “D”-Deleted to “X”-Example.
036 On-line prepaid card services
On 01-01-2016, this
12-30-2010 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016, credit card
services, debit card services, or other payment card services are indefinite
and overly broad because the nature of the activity provided is unclear. The
common name of the activity provided in connection with credit cards, debit
cards, or the like should be specified, e.g., processing of credit card
payments, in Class 36.
035 On-line retail store services featuring downloadable ring
tones
On 11-03-2011, this 08-31-2006 entry was deleted because,
although acceptable, it is covered by the existing fill-in entry for “On-line
retail store services featuring {indicate field or type of goods}.” On
08-01-2013, the status of this entry was changed from “D”-Deleted to
“X”-Example.
035 On-line tracking for others of service contracts for
residential appliances and consumer goods for business purposes
On
08-09-2012, the 01-18-2007 entry was modified by inserting “for business
purposes” to make clear the nature of the services and the justification for
classifying them in Class 35.
035 On-line wholesale and retail store services featuring
{indicate specific field, e.g. auto parts, clothing, jewelry}
On
11-3-2011, this 3-26-2009 entry was deleted because it is covered by the entry
for “On-line wholesale store services featuring {indicate specific field,
e.g., auto parts, clothing, jewelry}” and “On-line retail store services
featuring {indicate field or type of goods}.” 07-25-2013: Acceptable entry
changed from “D” deleted to “X” example status.
035 On-line wholesale and retail store services featuring
downloadable sound, music, image, video and game files
On 11-03-2011,
this 05-15-2008 entry was deleted because, although acceptable, it is covered
by the separate fill-in entries for “On-line wholesale services” and “On-line
retail store services.” On 08-01-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
045 Opening of door locks
Opening of door locks are
services commonly performed by locksmiths. Other services provided by
locksmiths include changing, installation, replacement and repair of locks, in
Class 37, and key cutting services in Class 40.
035 Operating on-line marketplaces for sellers and buyers of
goods and/or services
On 06-13-2013, the 08-06-2001 entry was
modified by inserting “and buyers” to make explicit what is inherent in the
description involving marketplaces.
035 Operation of gaming equipment and gaming systems in the
gambling industry for others for business purposes
On 10-09-2014, the
07-29-2010 entry was modified by inserting “in the gambling industry” to make
clear that “gaming” in this context refers to gambling, and not recreational
computer game playing.
043 Operation of tourist homes
On 10-6-2011, this
7-20-2004 entry was deleted because it is too similar to existing entry for
“Tourist homes” 08-29-2013: Acceptable entry status changed from “D” deleted
to “X” example.
041 Operation of video equipment or audio equipment etc. for
production of radio or television programs
On 11-12-2015, this
07-20-2004 entry was deleted because the term “etc.” is indefinite and
overbroad.
044 Ophthalmology services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
009 Optical breadboards
Optical breadboards are
lightweight surfaces, which may be placed on an ordinary table or workbench,
adapted for stabilizing optical apparatus used in scientific experiments and
engineering.
009 Optical character recognition (OCR) apparatus
On
08-02-2012, this 04-02-1991 entry was modified by changing “(OCR)” to “[OCR]”.
On 05-02-2013, the 08-02-2012 entry was modified by changing the square
brackets in “[OCR]” to parentheses to distinguish it from the existing Manual
entry “Optical character recognition apparatus [OCR].” This change enables
applicants to choose between this entry, which includes the acronym in
parentheses, and the other entry, which would not include the acronym if
selected through TEAS Plus. Square brackets should not be used in descriptions
of goods and services. TMEP 1402.12
009 Optical condensers
Optical condensers are lenses
for use in microscopes and other imaging devices.
009 Optical discs featuring {indicate content or subject
matter}
Requirement to indicate content or subject matter added.
These data carriers are more common than when they were first included in the
Manual in 1991 and are becoming interchangeable with CD-ROM's.
009 Optical phase shifters
8-18-2011 Correct spelling
of “shifter” to “shifters.”
009 Optical profilers
An optical profiler uses the
wavelength of light to measure the dimensions of surfaces.
009 Optical tables
Optical tables are raised
horizontal surfaces adapted for stabilizing optical apparatus used in
scientific experiments and engineering.
044 Optician services
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
044 Opticians services
07-25-2013: Acceptable entry
originally dated 11-29-2007 change from “A” added to “X” example status.
044 Opticians' services
07-25-2013: Acceptable entry
originally dated 11-29-2007 change from “A” added to “X” example status.
044 Optometry services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
021 Oral care kit comprising toothbrushes and floss
10-03-2013: Entry status changed from “A” added to “X” example.
044 Oral medical care services
Oral Medicine is the
specialty of dentistry concerned with the oral health care of medically
complex patients and with the diagnosis and non-surgical management of
medically-related disorders or conditions affecting the oral and maxillofacial
region.
005 Oral spray for boosting energy
On 02-02-2012,
this 06-25-2009 entry was deleted because it is indefinite, and there is no
justification for including it in Class 5.
005 Orally ingested gel for boosting energy
On
02-02-2012, this 06-25-2009 entry was deleted because it is indefinite, and
there is no justification for including it in Class 5.
002 Orange lead
Orange lead is a pigment and appears
in the Nice Alphabetical List in Class 2.
044 Organ and tissue bank services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 9-11-08 - This
service is for the collection and provision of organs and tissues for medical
purposes. Other aspects of such a bank are ancillary - processing, treatment,
storage, etc - and would be in other classes such as 39 or 40 if specified as
a separate activity of the bank. Also, if the purpose of the bank is to
provide organs and tissues for research or education purposes, the service
would be in Class 42 with a clear specification of that limitation.
044 Organ bank services
9-11-08 - This service is for
the collection and provision of organs for medical purposes. Other aspects of
such a bank are ancillary - processing, treatment, storage, etc - and would be
in other classes such as 39 or 40 if specified as a separate activity of the
bank. Also, if the purpose of the bank is to provide organs for research or
education purposes, the service would be in Class 42 with a clear
specification of that limitation.
029 Organic coconut oil for use in cooking and food
preparation
Coconut oil is an acceptable identification of goods in
Class 29. However, identification of the organic quality may be required
during examination of marks that feature such terminology. See TMEP
§1203.02(f)(i) for further information.
044 Organic farming services in the field of {indicate
specific field, e.g., fruits, vegetables, apples, blueberries, etc.}
On 08-15-2013, this 07-12-2012 entry was modified by deleting “Farms” and
inserting “Farming services” to make clear that the activity is being
performed for others. To be a service, an activity must be primarily for the
benefit of someone other than the applicant. TMEP 1301.01(a)(ii). Therefore,
operating a wheat farm, for example, for the purpose of growing, harvesting,
and selling wheat for further manufacture, is not considered a wheat farming
service under the Trademark Act because, although the manufacturers derive an
incidental benefit, the farming activities primarily benefit the farmer.
Farming activities must be rendered for others to be a registrable
service.
031 Organic gardening kit for indoor and outdoor planting
composed primarily of organic {specify types of seeds, e.g., agricultural
seeds, seeds for fruit and vegetables, seeds for flowers} and also including
{specify the other components of the kit}
07-04-2013: Status changed
from “A” - Added to “X” - example.
001 Organic potting soil
Potting soil is an
acceptable identification of goods in Class 1. However, identification of the
organic quality may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
001 Organic soil additives
Soil additives is an
acceptable identification of goods in Class 1. However, identification of the
organic quality may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
001 Organic soil amendments
Soil amendments is an
acceptable identification of goods in Class 1. However, identification of the
organic quality may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
035 Organisation and holding of fairs for commercial or
advertising purposes
On 05-26-2011, this 07-20-2011 entry was deleted
because it is covered by an existing Manual entry, “Organization of fairs for
commercial or advertising purposes.” On 08-01-2013, the status of this
acceptable entry was changed from “D”-Deleted to “X”-Example.
041 Organisation of conferences and symposia in the field of
medical science
On 02-27-2014, this 07-20-2004 entry was deleted
because it is overly broad and may include services in Class 35 if the
conferences are for business purposes.
039 Organisation of excursions
On 01-01-2016, this
07-20-2004 entry was deleted, and it is no longer acceptable under Nice
10-2016, because it is unclear whether it encompasses making bookings for
transportation in Class 39 or arranging educational or entertainment
activities for tourists in Class 41. Providing transport for excursions is
acceptable wording in Class 39.
041 Organisation of exhibitions for cultural or educational
purposes
On 8-25-2011, this 12-13-2007 entry was deleted because it
is so similar to the entry of “Organization of exhibitions for cultural or
educational purposes” 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
035 Organisation of exhibitions for commercial or advertising
purposes
On 05-26-2011, this 06-04-2009 entry was deleted because it
is covered by an existing Manual entry, “Organizing exhibitions for commercial
or advertising purposes.” On 08-01-2013, the status of this acceptable entry
was changed from “D”-Deleted to “X”-Example.
039 Organisation of sightseeing travel tours
On
1-1-13, the 07-20-2004 entry was modified by inserting “travel” to distinguish
these Class 39 travel arrangement services from small-scale sightseeing tours
of city neighborhoods or monuments, for example. Arranging and conducting
recreational tours is classified in Class 41 as an entertainment service.
01-01-2016: On 01-01-2016, this 01-01-2013 entry was deleted because it is
unclear whether “sightseeing travel tours” refers to transport services in
Class 39 or guided tour-type services in Class 41. This wording is no longer
acceptable under Nice 10-2016.
035 Organising exhibitions for commercial or advertising
purposes
On 05-26-2011, this 08-09-2007 entry was deleted because it
is covered by an existing entry, “Organizing exhibitions for commercial or
advertising purposes.” On 08-01-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
039 Organization of excursions, sightseeing tours, holidays,
tours and travel
On 1-1-13, the 07-20-2004 entry was deleted because
it was overbroad and may have included services in Class 39 and Class 41.
Arranging of travel tours is in Class 39. However, it is unclear whether the
“excursions, sightseeing tours, holidays, [and] tours” are being organized for
travel purposes or recreational purposes, or a combination of the two.
035 Organization of exhibitions for commercial or advertising
purposes
On 5-26-2011, this 6-4-2009 entry was deleted because it is
covered by an existing Manual entry, “Organizing exhibitions for commercial or
advertising purposes.” On 01-17-2013, the status of this entry was changed
from “Deleted” to “Active” because this wording is acceptable under USPTO
policy and because identical wording appears in the Nice Alphabetical List. It
is beneficial to USPTO customers to include the exact wording that appears in
the Nice Alphabetical List when possible.
041 Organization of fashion shows
10-1-09 - this
7-20-04 entry was deleted because fashion shows in Class 41 must indicate that
they are for entertainment purposes since there are also fashion shows held
purely for business purposes and those are in Class 35.
039 Organization of fishing excursions for seniors and other
age groups accompanied by seniors
On 01-01-2016, this 03-26-2009
entry was deleted, because it is unclear whether it encompasses making
bookings for transportation in Class 39 or arranging recreational or
entertainment activities in Class 41. This wording is no longer acceptable
under Nice 10-2016.
041 Organization of seminars
Seminars are an
educational activity and are classified in Class 41.
041 Organization of seminars, working groups, research groups
and conventions, in the field of medicine
The activities being
organized in the course of this service are for educational purposes -
including the conventions. Business conventions are in Class 35. On
02-27-2014, this 07-20-2004 entry was deleted because it is overly broad and
may include services in Class 35.
039 Organization, booking and arrangement of excursions, day
trips and sightseeing tours
On 1-1-13, the 07-20-2004 entry was
deleted because it was overbroad and may have included services in Class 39
and Class 41. Arranging of travel tours is in Class 39. However, it is unclear
whether the “excursions, day trips and sightseeing tours” are being organized
for travel purposes or recreational purposes, or a combination of the two.
016 Organizational kit used in planning the design and apparel
for special events containing color selection sample sheets, planning folders
and fabric swatches
07-04-2013: Status changed from “A” - Added to
“X” - example.
016 Organizational kits containing calendars, stationery,
planning folders, templates and printed guidelines for planning social
events
07-04-2013: Status changed from “A” - Added to “X” -
example.
045 Organizational services for home or personal purposes,
namely, {indicate area of personal need, e.g., organizing closet space,
personal schedules}
Change in wording to distinguish this
organizational activity from that in 35.
042 Organizing a community charity event for professional home
stagers to donate their staging services of making homes more appealing to
prospective buyers to needy families and organizations
03-20-2014:
Entry status changed from “A” added to “X” example.
039 Organizing and conducting adaptive travel excursions,
namely, {specify activity, e.g., fishing expeditions, cycling trips, boat
cruises, etc.} for {specify individual or group, e.g., the visually impaired,
veterans, disabled individuals, etc.}
On 01-01-2016, this 12-13-2012
entry was deleted because it is unclear whether it encompasses making bookings
for transportation in Class 39 or arranging recreational or entertainment
activities in Class 41. This wording is no longer acceptable under Nice
10-2016.
042 Organizing and conducting community charity staging events
for professional home stagers to donate their staging services to families,
individuals, associations, companies, foundations, and organizations in
need
10-03-2013: Entry status changed from “A” added to “X”
example.
035 Organizing and developing charitable projects that aim to
{indicate purpose, e.g., improve the lives of immigrants, promote awareness of
early treatment of breast cancer, etc.}
These services are in Class
35 because the service of organizing and developing these projects functions
like an employment agency or other business organizing activity.
041 Organizing and hosting of Indian-themed culinary events
for cultural purposes
“Organizing and hosting of events for cultural
purposes” is an acceptable identification in Class 41. Further specification
of the type of event is acceptable, but it is not required.
041 Organizing live exhibitions and conferences in the fields
of education, culture, sports and entertainment for non-business and
non-commercial purposes
Note that organizing live exhibitions and
conferences for business purposes are classified in Class 35
035 Organizing of business competitions
On
02-25-2016, the 07-20-2004 entry, “Organizing of business competitions,” was
deleted from the Manual because the nature of the services was unclear. The
description may include services in Class 35 and Class 41. This wording is no
longer acceptable.
005 Organotherapeutics
Organotherapeutics are
pharmaceutical preparations derived from animal endocrine organs or glandular
extracts such as insulin and thyroxin that are used to treat diseases.
016 Origami folding paper
Origami folding paper is a
type of flat paper, typically sold in sheets, that is folded and sculpted into
intricate designs or artwork, e.g., paper cranes.
026 Ornaments for clothing
This entry was deleted
because it is too broad. It would include jewelry items that should be
classified in Class 14.
026 Ornaments for the hair
Hair ornaments of precious
metal or non-precious metal are classified in Class 26, because “hair
ornaments” are classified in the Nice Agreement in Class 26.
021 Ornaments of {specify china, crystal, glass, porcelain,
terra cotta} [NOT including Christmas tree ornaments]
11-01-2005 -
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. 04-23-2015 - Terra cotta was
previously deleted from the list of materials, but has been reinserted because
it is a Class 21 figure composition in the Nice Agreement.
020 Ornaments of acrylic resins
Although Christmas
tree ornaments are generally classified in Class 28, decorative ornaments are
generally classified according to material composition. Ornaments of acrylic
resins are classified in Class 20 because acrylic resins are similar to
plastics. Ornaments of acrylic fabrics are also classified in Class 20.
014 Ornaments of precious metal in the nature of jewelry
On 4-14-11, the 6-1-2001 entry was amended from “ornaments of precious
metal” to “ornaments of precious metal in the nature of jewelry” to clarify
the type of ornaments.
044 Orthodontic services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
010 Orthopaedic hip prostheses
Hip prostheses is
acceptable wording; further specification is acceptable, but is not
required.
044 Orthopaedic surgery services
The alternative
spelling for orthopaedic is orthopedic.
010 Orthopedic joint implants made of artificial materials
These implants consist of non-living substances. Implants comprising
living tissue are in Class 5. On 3-21-2013, this 4-2-1991 ID was amended from
“Orthopedic joint implants” to “Orthopedic joint implants made of artificial
materials” to clarify that these goods are made of artificial materials.
044 Orthopedic surgery services
The alternative
spelling for orthopedic is orthopaedic.
010 Osseointegrated implants made of artificial matter
Note added on 3-21-2013 - An osseointegrated implant is an alloplastic
material (implant) that is attached or connected to osseous (bone) tissue
without intervening connective tissue.
010 Osseous implants made of artificial materials
These implants consist of non-living substances. Implants comprising living
tissue are in Class 5. On 3-21-2013, this 7-20-2004 entry was amended from
“Osseous implants” to “Osseous implants made of artificial materials” to make
clear that the goods are made of artificial materials. Osseous implants made
of artificial materials are prostheses resembling bone that are inserted into
the bone to replace natural bone.
028 Outdoor activity game equipment sold as a unit comprising
{specify type of equipment, e.g., sports balls, baseball bats, etc.} for
playing games
3-10-11: Amended the 4-2-1991 entry from “outdoor
activity games in the nature of {specify nature, type, purpose}” to the
current ID, because it is necessary to specify the game equipment. On
12-20-2012, the 03-10-2011 entry, “outdoor activity game equipment in the
nature of {specify type of equipment, e.g., sports balls, baseball bats,
etc.}” was modified to make clear that this entry covers sports and game
equipment for playing games. Certain types of safety equipment worn by players
when playing games, such as helmets, are in Class 9.
011 Outdoor lighted Christmas-themed ornaments [not Christmas
tree decorations]
On 09-26-2013, the 06-01-2005 entry was modified by
inserting “-themed” and “[not Christmas tree decorations]” to make clear the
nature of the goods covered by the wording. Under the Nice Classification
system, ornaments are generally classified according to material composition.
However, illuminated Christmas-themed ornaments, such as an illuminated Santa
Claus figure, are classified in Class 11 because they function as lighting
apparatus. Illuminated Christmas tree ornaments are in Class 28 because they
function as primarily as Christmas tree decorations and the illumination
component is ancillary to the primary function.
025 Outerwear, namely, {indicate specific clothing items,
e.g., coats, hats, gloves, etc.}
The term “outerwear” is indefinite
and overly broad. Therefore, the specific articles of outerwear clothing must
be specified.
012 Outriggers for watercraft
An outrigger is a
secondary hull or float that is affixed rigidly and parallel to the side of a
boat for stability.
000 Outsource service provider in the field of {indicate
service, e.g., food preparation, medical billing, IT consulting, etc.}
[Outsource service provider services are different from outsourcing services
in Class 35 in that classification depends on the services being rendered by
the outsource service provider]
Outsourcing services involve
arranging of service contracts or procurement of goods for others. Outsource
service provider activities are classified according to nature/purpose of the
outsourced service being rendered. Therefore, the services indicated in the
fill-in-the-blank portion must be definite under USPTO identification and
classification policy.
035 Outsource service provider in the field of business
management of {indicate type of business, e.g., hospitals, restaurants,
etc.}
Outsource service provider in the field of business management
is acceptable wording; further specification is acceptable, but is not
required.
043 Outsource service provider in the field of food
preparation
Outsourcing services involve arranging of service
contracts or procurement of goods for others. Outsource service provider
activities are classified according to nature/purpose of the outsourced
service being rendered, see Outsource service provider in the field of
{indicate service, e.g., food preparation, medical billing, IT consulting,
etc.} [classification depends on services being rendered by the outsource
service provider] in Class 000.
035 Outsource service provider in the field of business
analytics
Business analytics involves analyzing business data and
statistics to understand past business performance and take appropriate
business planning measures.
035 Outsource service provider in the field of business
operation and management of a distribution center or warehouse facility
containing mail order or distribution inventory
On 07-18-2013, the
12-25-2008 entry was modified by deleting “Operating, assisting, and
outsourcing the operation of”, inserting “Outsource service provider in the
field of business operation and management of” to make clear the nature of the
services. Also, the status of the entry was also changed from “A-Added” to
“X-Example” to indicate that it is an example of acceptable wording under
current USPTO policy.
035 Outsource service provider in the field of customer
relationship management
Outsourcing services involve arranging of
service contracts or procurement of goods for others. Outsource service
provider activities are classified according to nature/purpose of the
outsourced service being rendered, see Outsource service provider in the field
of {indicate service, e.g., food preparation, medical billing, IT consulting,
etc.} [classification depends on services being rendered by the outsource
service provider] in Class 000.
035 Outsourcing in the field of sales and marketing of
computer software
On 07-18-2013, the 03-01-2005 entry was deleted
because it is unclear whether it involves outsourcing services in the nature
of arranging service contracts for others in Class 35, or whether it involves
computer software marketing services performed by an outsource service
provider in Class 35. Although these services are in the same class, they are
different in nature. Please see “Outsourcing services in the nature of
arranging service contracts for others” in Class 35, and “Outsource service
provider in the field of {indicate service, e.g., food preparation, medical
billing, IT consulting, etc.} [classification depends on services being
rendered by the outsource service provider]” in Class 000.
035 Outsourcing in the field of {indicate field or
industry}
On 07-18-2013, the 07-01-2001 entry was deleted because it
is unclear whether it involves outsourcing services in the nature of arranging
service contracts for others in Class 35, or whether it involves outsource
service provider services, which are classified according to the
nature/purpose of the services rendered for others. Please see “Outsourcing
services in the nature of arranging service contracts for others” in Class 35,
and “Outsource service provider in the field of {indicate service, e.g., food
preparation, medical billing, IT consulting, etc.} [classification depends on
services being rendered by the outsource service provider]” in Class 000.
035 Outsourcing services [business assistance]
07-18-2013 “Outsourcing services [business assistance]” appears in the Nice
Alphabetical List in Class 35 and refers to the arranging of service contracts
or procurement of goods for others. It does not cover services rendered by
outsource service providers, which are classified according to the
nature/purpose of the services rendered for others. Please see “Outsourcing
services in the nature of arranging service contracts for others” in Class 35,
and “Outsource service provider in the field of {indicate service, e.g., food
preparation, medical billing, IT consulting, etc.} [classification depends on
services being rendered by the outsource service provider]” in Class 000.
035 Outsourcing services in the nature of arranging service
contracts for others
Outsourcing services involve arranging of
service contracts or procurement of goods for others. Outsource service
provider activities are classified according to nature/purpose of the
outsourced service being rendered, see Outsource service provider in the field
of {indicate service, e.g., food preparation, medical billing, IT consulting,
etc.} [classification depends on services being rendered by the outsource
service provider] in Class 000.
035 Outsourcing services in the nature of arranging
procurement of goods for others
Outsourcing services involve
arranging of service contracts or procurement of goods for others. Outsource
service provider activities are classified according to nature/purpose of the
outsourced service being rendered, see Outsource service provider in the field
of {indicate service, e.g., food preparation, medical billing, IT consulting,
etc.} [classification depends on services being rendered by the outsource
service provider] in Class 000.
035 Outsourcing services in the nature of arranging service
contracts for others in the field of {indicate service, e.g., food
preparation, medical billing, information technology, etc.}
Outsourcing services in the nature of arranging service contracts for others
is acceptable in Class 35; further specification of the particular services is
acceptable, but it is not required.
035 Outsourcing services in the nature of arranging
procurement of goods for others in the field of {indicate goods, e.g.,
computer hardware and software, office equipment and furniture, etc.}
Outsourcing services in the nature of arranging procurement of goods for
others is acceptable in Class 35; further specification of the particular
goods is acceptable, but it is not required.
021 Oven mitts
On 01-01-2015, this 04-02-1991 entry
was transferred from Class 24 to Class 21 in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
018 Overnight bags
Note that bags that are fitted to
carry a particular item are classified with the 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.
005 Ovicides
These are insecticides effective against
the egg stage.
029 Ox bone based broth (seolleongtang)
On 9-6-2012,
this 8-9-2012 entry was amended to replace the brackets with parentheses.
010 Oxygen monitors for medical use
On 07-16-2015,
this 01-01-1995 entry was modified to add “for medical use” to justify
classification of the goods in Class 10. Oxygen monitors are classified
according to their purpose which must be set forth in the identification.
Please consult the ID Manual for examples of oxygen monitors used for
non-medical purposes.
031 Oysters [live]
On 08-04-2011, the 03-15-1993
entry was deleted and replaced it with “Live oysters” to make explicit the
justification for classifying the goods in Class 31. The wording “Oysters” is
overbroad, and the description must indicate whether the oysters are live or
not for classification purposes.
029 Oysters, not live
On 1-31-2013, the 7-20-2004
entry “Oysters [not live]” was modified to incorporate the bracketed wording
into the identification. Live oysters are classified in Class 31.
029 Oysters, not live [for human consumption]
On
1-31-2013, the 4-2-1991 entry “Oysters [not live; for human consumption]” was
modified to incorporate the bracketed wording “not live” into the
identification. Live oysters are classified in Class 31.
007 O-rings being machine parts for {indicate general types of
machines, e.g., sorting machines, packaging machines, etc.}
O-rings
are mechanical gaskets designed to be inserted in a groove and compressed
between two or more machine parts creating a seal.
016 Packaged kits composed primarily of printed instructional
materials and also including tools for collecting samples and information
concerning the feeding of horses
07-04-2013: Status changed from “A”
- Added to “X” - example.
039 Packaging articles to the order and specification of
others
7-30-09 - Entry of 1/2/07 transferred from Class 35 to be
consistent with other packaging services.
017 Packaging materials made from stone-based plastic
substitutes
On 08-22-2013, this 10-23-2008 entry was deleted because
it is broad enough to encompass goods in other classes. The nature of the
“plastic materials” should be indicated for proper classification, e.g.,
“plastic bags for packaging” are in Class 16 and “packaging containers of
plastic” are in Class 20.
016 Packaging materials for packing
The language of
this entry was confusing so it was deleted.
022 Packing [cushioning, stuffing] materials not of rubber,
plastics or paper
Padding and stuffing materials are specifically
included in the Explanatory Notes of the Class 22 Heading, and Packing
[cushioning, stuffing] materials not of rubber or plastics also appears in the
Nice Alphabetical List. Padding and stuffing materials are classified by
material composition, e.g., of paper in Class 16, of plastics and rubber in
Class 17, and not of paper, plastic or rubber in Class 22.
017 Packing [cushioning, stuffing] materials of rubber or
plastics
On 08-01-2013, this 07-18-2013 entry was amended from
“Packing [cushioning, stuffing] materials of rubber or plastics [other than
for wrapping]” to delete the second bracketed information for consistency with
the Nice Alphabetical List entry. Padding and stuffing materials are
specifically included in the Explanatory Notes of the Class 17 Heading, and
are classified by material composition, e.g., of paper in Class 16, of
plastics and rubber in Class 17, and not of paper, plastic or rubber in Class
22.
025 Padded elbow compression sleeves sold as an integral
component of athletic clothing, namely, {specify clothing item, e.g., jersey,
uniform, etc.}
12-17-09 - “being part of athletic garments” was added
to the 1/15/09 entry to avoid confusion with compression sleeves that are not
part of clothing and would be considered sports equipment in Class 28. On
01-01-2015, this 12-17-2009 entry for “clothing for athletic use, namely,
padded elbow compression sleeves being part of an athletic garment” was
modified to the current entry for clarity and to make clear the rationale for
classification in Class 25. Compression articles sold as component parts of
finished goods are classified in the same class as the finished good. TMEP
§1402.05(a). Note that under NCL 10-2015, “compression garments” was added to
Class 10 of the Nice Alphabetical List, and thus, are classified in Class 10
whether for medical or non-medical use.
028 Paddleboard fins
On 01-01-2016, this 09-18-2014
entry was modified to replace “paddle board” with “paddleboard” in order to
align the spelling of the term with other Manual entries.
028 Paddleboards
On 01-01-2016, this 04-01-2006 entry
was modified from “Paddle boards” to “Paddleboards” in order to align the
spelling of the term with the spelling used in the Nice Alphabetical List.
028 Padel balls
Padel is a racket sport similar to
tennis.
028 Padel rackets
Padel is a racket sport similar to
tennis.
003 Paint and varnish stripping or removing preparations
This entry was deleted from Class 2 because varnish-removing and
paint-stripping preparations are classified in Class 3 in the Nice
Agreement.
016 Paint brushes
On 05-30-2013, the 04-02-1991 entry
was deleted because it is already covered by the existing entry
“Paintbrushes.” 01-28-2014: Acceptable entry status changed from “D” deleted
to “X” example.
016 Paint bucket grids
These goods are classified in
Class 16 because they have the same function or purpose as paint trays.
016 Paint Buckets
This entry was deleted because
buckets are classified in Class 21 regardless of their use or what they are
intended to hold.
016 Paint can lids specially adapted for holding a
paintbrush
On 05-30-2013, the 02-19-2009 entry was modified to
replace “paint brush” with “paintbrush” in order to make the spelling of the
wording consistent among Manual entries and to provide more uniform search
results.
002 Paint for model airplanes, model cars and the like
If sold as part of an arts and craft paint kit, these goods are in 16
040 Paint mixing services
6/26/08 - This service was
transferred from Class 37 because it's the creation of something new from
ingredients.
006 Paint spray booths of metal
According to the Nice
Agreement, these goods are structures and are classified by material
composition.
016 Paint stick markers
8-20-09 - The 4-2-91 entry
was deleted because PAINTSTIK is a registered trademark for a crayon-like
marker.
016 Paintbrush handles
On 05-30-2013, the 11-29-2012
entry was modified to replace “Paint brush” with “Paintbrush” in order to make
the spelling of the wording consistent among Manual entries and to provide
more uniform search results.
016 Painter's mitts
Painter's mitts are paint
applicators worn on the hands.
037 Painting
02-11-2016: Painting services are
classified in Class 37 as maintenance-type activities for the restoring
objects to their original condition or preserving them without altering their
physical or chemical properties. Painting services in Class 37 do not
encompass custom painting of artwork services, which are classified in Class
41.
037 Painting contractor services
02-11-2016: Painting
contractor services are classified in Class 37 as maintenance-type activities
for the restoring objects to their original condition or preserving them
without altering their physical or chemical properties. Painting contractor
services in Class 37 do not encompass custom painting of artwork services,
which are classified in Class 41.
037 Painting of {indicate structures or object, e.g. houses,
vehicles, etc.}
On 02-11-2016, the 04-02-1991 entry was changed from
“Painting in the field of {indicate, e.g. houses, vehicles}” to the current
wording. Painting services are classified in Class 37 as maintenance-type
activities for the restoring objects to their original condition or preserving
them without altering their physical or chemical properties. Painting services
in Class 37 do not encompass custom painting of artwork services, which are
classified in Class 41.
016 Painting sets
Unclear as to the parameters of
these goods - painting sets for children such as those that are used in school
are in Class 16 and painting sets for artists are in Class 2. This language
could cover both items.
002 Painting sets for artists
Unclear as to the
parameters of these goods - painting sets for children such as those that are
used in school are in Class 16. Since these are like other paints in Class 2,
these goods are also in Class 2.
016 Painting sets for children
These goods are in the
nature of boxes of paints used in schools.
037 Painting, interior and exterior
02-11-2016:
Painting services are classified in Class 37 as maintenance-type activities
for the restoring objects to their original condition or preserving them
without altering their physical or chemical properties. Painting services in
Class 37 do not encompass custom painting of artwork services, which are
classified in Class 41.
002 Paints and coatings
Coatings is too broad since
it can include items in other classes. Since it may be separated out from the
specific language of this ID, the entire ID has been deleted.
002 Paints for arts and crafts
If sold as part of an
arts and craft paint kit, these goods are in 16
030 Panela sugar
On 02-12-2015, the 12-20-2007 entry
was modified to add the word “sugar” for clarity. Panela sugar is unrefined
sugar made from the evaporation of sugarcane juice. Panela cheese is a
particular type of cheese. Thus, “panela” is indefinite and overly broad
because it is unclear if the goods are in the nature of sugar in Class 30 or
cheese in Class 29.
030 Panetonne
Panetonne is a rich bread made with
eggs, fruit, and butter.
025 Pants for {specify wearer, e.g., babies, adults, children,
women, men, etc. NOTE: Animal clothing is classified in Class 18.}
Pants is acceptable wording; further specification is acceptable, but is not
required.
039 Paper and cardboard collection for recycling
On
01-01-2016, this 06-01-2001 entry was transferred from Class 37 to Class 39 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “collection of recyclable goods
[transport]” was added to the Alphabetical List in Class 39. These services
involve the transportation of goods for recycling.
016 Paper baby bibs
Bibs not of paper are in Class
25.
021 Paper baking cups
Moved from Class 16 - like
paper cups and plates, they are used like and are substitutes for the nonpaper
product.
027 Paper bath mats
All bath mats are in Class 27
regardless of material composition.
016 Paper blinds
All interior blinds are in Class
20.
016 Paper cake toppers
Cake toppers are decorations
for cakes. Decorations for cakes are classified by material composition.
Therefore, paper cake toppers are classified in Class 16.
016 Paper cloths for polishing and cleaning
Deleted
because polishing paper has been reclassified in Class 3 based on guidance in
the Nice Agreement. In light of that transfer, “paper cloths for polishing and
cleaning” is confusing since it combines elements of Classes 3, 16 and 21.
016 Paper diapers
On 1-1-2012 this entry of 7-20-2004
was deleted. Pursuant to the 10th Edition of the Nice Agreement, all diapers
for humans, including baby diapers and diapers for adult incontinence, are in
Class 5. However, this identification is indefinite because it does not
specify whether these goods are for babies or adults.
016 Paper embedded with {specify ancillary goods embedded into
the paper, e.g., wildflower seeds, gold thread, etc.}
These goods are
primarily in the nature of paper in Class 16, but also include goods in other
classes as ancillary features.
016 Paper for photocopying
12-02-2011: While this
wording is still acceptable, the 07-20-2004 entry is being deleted from the
Manual because it is covered by the existing entry “Paper for photocopies” in
Class 16. 10-03-2013: Acceptable entry status changed from “D” deleted to “X”
example.
031 Paper for use as animal bedding
On 04-24-2014,
this 12-28-2006 entry was transferred from Class 18 to Class 31 because
’Products for animal litter’ is in the Nice Alphabetical List in Class 31, and
the Internet evidence shows that these goods are analogous to litter material
used as animal bedding. Further, most animal bedding is made from an
agricultural or forestry product, such as straw, which justifies
classification in Class 31. 01-01-2016: “Products for animal litter” in the
Nice Alphabetical List in Class 31 was modified under Nice 10-2016 to “litter
for animals.”
016 Paper gift cards [stationery]
These are paper
gift cards that are usually attached to a gift. Magnetic coded gift cards are
in Class 9. On 09-29-11 the April 2, 1991 entry “gift cards” was amended to
“paper gift cards” to clearly distinguish these goods from the Class 9
magnetic coded gift cards. On 12-20-2012, the 9-29-2011 entry was amended to
add the bracketed wording “[stationery].”
016 Paper handkerchiefs
10-13-2016 - Handkerchiefs of
paper are classified in Class 16 because that wording appears in the Nice
Alphabetical List in Class 16. Similar to paper tissues, paper handkerchiefs
are for personal use, such as wiping the face, nose, or eyes. Note that
textile handkerchiefs are classified in Class 24 per the Nice Alphabetical
List.
016 Paper identification tags
5-8-08 - This would not
include paper luggage tags which are in Class 18.
016 Paper lunch bags
Paper lunch bags are in Class 16
because the primary function of paper bags is as packaging materials, which is
included in the Nice Alphabetical List, “bags [envelopes, pouches] of paper or
plastics, for packaging.“ While paper lunch bags may have multiple uses (e.g.,
for holding lunches, arts and craft projects, etc.), the paper packaging
purpose justifies classification in Class 16. However, note that “Lunch bags
not of paper“ are classified in Class 21 as household containers for food
because they are analogous to “lunchboxes“ in Class 21 of the Nice
Alphabetical List entry.
028 Paper party favors
04-03-2014: This entry of
06-01-2001 was transferred from Class 16 to Class 28 on the basis of the Nice
Alphabetical List entry “novelties for parties, dances [party favors,
favours]” in Class 28.
028 Paper party hats
Transferred from Class 16
following discussion at Nice Agreement meeting.
016 Paper patches for clothing
On 03-05-2015, the
04-05-2007 entry was deleted because it is indefinite and potentially
overbroad. It is unclear whether the goods function primarily as iron-on
transfers (similar to decals) in Class 16, or whether the goods function
primarily as ornamental clothing patches in Class 26. Ornamental clothing
patches comprised of paper is acceptable wording in Class 26.
020 Paper photo frames
9-13-09 - This does not
include digital photo frames - they are in Class 9.
020 Paper picture frames
9-13-09 - This does not
include digital photo frames - they are in Class 9.
024 Paper pillowcases
5-14-09 - Entry of 4-2-91
transferred from Class 16 to be in compliance with the analogous Nice
Alphabetical List entry for “bed covers of paper” in Class 24.
016 Paper roll stock for packaging {indicate goods being
packaged, e.g., food, medical instruments, etc.}
Paper roll stock for
packaging is acceptable wording in Class 16; further specification of the
goods being packaged is acceptable, but it is not required.
016 Paper sign holders
Removed because of the
presence of other entries splitting sign holders by material composition.
016 Paper stationery with inspirational messages imprinted
thereon
09-05-2013: Status of entry changed from “A”-Added to
“X”-Example.
016 Paper tags
5-8-08 - This would not include paper
luggage tags which are in Class 18.
016 Paper tapes
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
016 Paper tissues for cosmetic use
3-20-08 -
Transferred from Class 3 based on entry in Nice Agreement 9th edition for
tissues of paper for removing make-up in Class 16. This item is also in the US
Manual in Class 16.
021 Paper towel dispensers for household use
On
12-06-2012, this 04-02-1991 entry “Dispensers for paper towels” was changed to
“Paper towel dispensers for household use” to make clear the nature of the
goods and the justification for classifying them in Class 21.
007 Paper trimming machines for commercial or industrial
use
5-27-10 - Class changed from 8 - typographical error in 5-20-10
entry.
016 Paper weights
11-10-2011: These goods are in the
Nice Alphabetical List in Class 16 because they are considered to be office
requisites.
023 Paper yarn for textile use
On 03-13-2014, this
07-20-2004 entry “Paper yarn [for textile use]” was modified to incorporate
the bracketed wording into the identification for clarity.
010 Papillotomes
A papillotome is a medical device
designed for extracting tissue during biopsy procedures.
009 Parabolic antennas
On 5-17-12 this 7-20-04 entry
was changed to read “antennas” instead of “antennae.”
005 Paracetamol
Paracetamol is a synonym for
acetaminophen.
022 Parachute cord
Parachute cord is a lightweight,
general purpose utility cord made from braided nylon, also known as
paracord.
022 Paracord
Paracord is a lightweight, general
purpose utility cord made from braided nylon, also known as parachute
cord.
045 Paralegal services
Transferred from 42 pursuant
to the 9th edition of the Nice Agreement.
025 Paraments
04-30-2015: A parament is an ornamental
ecclesiastical vestment.
042 Paraprofessional services in the field of {specify, e.g.,
medicine, architecture, etc.}
Identification too broad - type of
paralegal and/or other services performed must be indicated specifically and
classified appropriately.
025 Pareos
04-30-2015: A pareo is a length of cloth,
especially of brightly colored print, wrapped on the body and worn as a
cover-up, skirt, dress or the like.
025 Pareu
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
042 Parking domain names for others, namely, providing
computer servers for electronic storage of domain name addresses
On
01-01-2014, this 11-01-2004 entry “Parking domain names for others, namely,
providing computer servers for facilitation of the storage of domain name
addresses” was amended to “Parking domain names for others, namely, providing
computer servers for electronic storage of domain name addresses” and was
transferred from Class 39 to Class 42, pursuant to the addition of “Electronic
data storage” to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14.
007 Parquet wax-polishers, electric
Parquet
wax-polishers, electric is an entry in the Nice Alphabetical List of
Goods.
042 Parties (Retail sale of {indicate specific goods, e.g.
cosmetics, lingerie, housewares} by means of home)
Selling and sales
are not service under the US Trademark Act or the Nice Agreement since the
primary beneficiary of selling or sales is the seller. Language describing
services acceptable in the retail chain (e.g., retail stores,
distributorships, on-line retailing) should be used instead of selling or
sales.
007 Parts and attachments for weaving machines and for weaving
looms, and weaving machine parts, namely, weft-yarn selecting units,
warp-typing machines, hand knotting and splicing machines, cam motion machines
for weaving looms, dobbies, Jacquard looms, Jacquard and dobby cads, selvedge
and false selvedge apparatus for weaving looms, automatic exchange systems
consisting primarily of warp and cloth beam and quick-style change loom
harnesses, beams and beam flanges for weaving looms, reeds, reed cleaning and
brushing machines, healds, heald frames, harnesses, temples, cones, tubes and
pirns for weaving, pickers and lug straps, flexible rapier tapes, grippers for
weaving looms, cutters for weaving machines, rapier machines, yarn feeders,
weft feeders, yarn deflectors, warp stop motions, weft stop motions, weft
accumulators, stands and creels for weaving loom accessories
07-04-2013: Status changed from “A” - Added to “X” - example.
012 Parts of motorcycles, namely, shift levers
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Parts of motorcycles, namely, brake rotors
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Parts of motorcycles, namely, brake pedals
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Parts of motorcycles, namely, brake calipers
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Parts of motorcycles, namely, brake cables
Note
that parts of all motors and engines such as camshafts, cylinders, cylinder
pistons and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
041 Party and wedding reception planning, coordination and
consultation services
5-27-10 - The term “special event” was deleted
from the 6-9-04 entry because it could include planning, coordination and
consultation services for special events that have a business or commercial
purpose. Planning, coordination and consultation of special events for
business or commercial purposes are in Class 35. On 02-07-2013, this
05-27-2010 entry was modified from “Party and wedding planning, coordination
and consultation services” to include the term “reception” to make clear the
rationale for classification in Class 41 because the Nice Alphabetical list
includes “planning and arranging of wedding ceremonies” in Class 45.
041 Party and wedding reception planning and coordination
services
09-20-12: The term “reception” was added because planning
and arranging of wedding ceremonies is Class 45. On 5-27-10: The term
“special event” was deleted from the 2-7-08 entry because it could include
planning and coordination services for special events that have a business or
commercial purpose. Planning, coordination and consultation of special events
for business or commercial purposes are in Class 35.
041 Party and wedding reception planning consultation
services
09-20-12: The term “reception” was added because planning
and arranging of wedding ceremonies is Class 45. On 5-27-10: The term
“special event” was deleted from the 2-7-08 entry because it could include
planning and consultation services for special events that have a business or
commercial purpose. Planning and consultation of special events for business
or commercial purposes are in Class 35.
016 Party favor gift boxes sold empty
These goods are
traditionally made from paper, cardboard or plastic and intended to be used to
package small party gifts, and are comparable to the “Boxes of cardboard or
paper” in Class 16 of the Nice Alphabetical List. Further justifying
classification in Class 16 is the Class Heading “paper, cardboard and goods
made from these materials” and “plastic materials for packaging.” 01-01-2016:
Under Nice 10-2016, the wording “and good made from these materials, not
included in other classes” was deleted from the Class Heading for Class 16.
The Nice Class Headings and Explanatory Notes are set forth in TMEP
§1401.02(a).
028 Party games
Specification “adult and children's”
deleted from ID - serves no purpose in class or specificity of the goods.
025 Party hats [clothing]
On 09-19-2013, this
01-15-2009 entry was deleted to avoid confusion with “paper party hats” and
“plastic party hats” in Class 28. Headwear in the nature of fashion hats worn
to special events such as weddings, horse races, or religious services still
function as apparel and thus, are classified in Class 25.
020 Party ornaments of plastic
04-03-2014: Party
ornaments are considered decorative in nature and are classified by material
composition, contrasted with party favors, which are classified as objects of
amusement in Class 28.
016 Party ornaments of paper
04-03-2014: Party
ornaments are considered decorative in nature and are classified by material
composition, contrasted with party favors, which are classified as objects of
amusement in Class 28.
041 Party planning 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
services that correspond to the subject matter of the consultation.
014 Paste jewellery
Paste jewellery is costume
jewelry typically comprised of glass cut to resemble gemstones.
014 Paste jewelry
Paste jewelry is costume jewelry
typically comprised of glass cut to resemble gemstones.
011 Pasteurizers for use in the {indicate industry, e.g.,
food, beverage, pharmaceutical, etc.} industry
On 08-25-2016, this
08-06-2001 entry was amended from “Pasteurizers for use in {indicate industry,
e.g., food, beverage, pharmaceutical}” to “Pasteurizers for use in the
{indicate industry, e.g., food, beverage, pharmaceutical, etc.} industry,” for
clarity.
030 Pastries, namely, pasties
8-27-09 - The 4-2-91
entry for “pasties” was amended to add “pastries, namely, pasties” to avoid
confusion with the item of the same name in Class 25 - “nipple covers, namely,
pasties.”
021 Pastry cutters
This is not a cutter in the nature
of a knife - it breaks up fat solids so they may be incorporated into flour
when making pie crusts and similar food items.
019 Patches for repairing drywall
Patches for
repairing other goods are generally classified in the same class as the items
being repaired because once the patch is applied to the goods, it becomes part
of those goods. The exception to this general rule is patches for decorating
or repairing textile articles, which are in Class 26.
045 Patent agent services
This service was
transferred from Class 42 pursuant to the changes in the 9th edition of the
Nice Agreement
045 Patent and industrial property consultation
Transferred from 42 and modified pursuant to the 9th edition of the Nice
Agreement.
045 Patent licensing [legal services]
Transferred
from Class 42 pursuant to 9th edition of Nice Agreement
030 Pâtés en croûte
Pâtés en croûte is a prepared
dish consisting of dough-enrobed meat or vegetable pâté.
035 Patient relationship management services
Patient
relationship management is a health care industry term for business activities
performed for managing a health care provider's interactions with its patients
such as marketing, scheduling, customer service management, and other
automated business activities.
019 Paving blocks, not of metal
On 07-04-2013, this
01-01-1995 entry was amended from “paving blocks” to include the wording, “not
of metal,” to justify classification in Class 19.
019 Paving stone
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
001 Peat [fertilizer]
This is a fertilizing growth
medium. Note that non-fertilizing growth media, such as mulch, peat moss and
top soil, are in Class 31.
029 Pectin for culinary purposes [food additives for
non-industrial use]
On 02-02-2012, the 01-01-2012 entry was modified
by inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to that purpose. When
the food additives are for culinary purposes, then their nature also factors
into the classification. Whether the goods are for commercial use does not
control classification. The key classification issue is whether they are for
food manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
001 Pectin for industrial purposes [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to that purpose. When
the food additives are for culinary purposes, then their nature also factors
into the classification. Whether the goods are for commercial use does not
control classification. The key classification issue is whether they are for
food manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
001 Pectin for the food industry [food additives for food
manufacturing]
On 02-02-2012, the 01-01-2012 entry was modified by
inserting the bracketed wording. Under the Tenth Edition of the Nice
Classification system, applicants must indicate the generic name of food
additives and their purpose, and classify them according to that purpose. When
the food additives are for culinary purposes, then their nature also factors
into the classification. Whether the goods are for commercial use does not
control classification. The key classification issue is whether they are for
food manufacturing (and therefore in Class 1) or for cooking and baking (and
therefore classified in Classes 29-33 according to their nature).
044 Pediatric dentistry
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Pediatric health care services
09-05-2013: Entry
status changed from “A” added to “X” example.
016 Pediatric measuring and medication dosage information
charts [for displaying data]
06-17-10 Deleted the wording “measuring
and,” which appeared after “Pediatric,” because measuring instruments are in
the Nice Classification List in 9 and that wording created ambiguity. Also,
inserted the wording “[for displaying data]” to clarify the nature and purpose
of the goods.
044 Pediatric oncology services
09-05-2013: Entry
status changed from “A” added to “X” example.
025 Peignoirs
05-07-2015: A peignoir is a woman’s
loose negligee or dressing gown.
025 Pelerines
05-07-2015: A pelerine is a woman’s
narrow cape made of fabric or fur and usually with long ends hanging down in
front.
025 Pelisses
05-07-2015: A pelisse is a long cloak or
coat made of fur or lined or trimmed with fur.
013 Pellet guns
Pellet guns are a type of air gun
that functions as weaponry to fire projectiles, typically metal pellets via
propellant force, and are classified in Class 13 because they are analogous to
firearms which is in the Class 13 Heading.
016 Pen and pencil cases comprised of {specify material
composition, e.g., leather, precious metal, animal hide, etc.}
Pen
and pencil cases is acceptable wording; further specification is acceptable,
but it is not required.
016 Pen and pencil covers comprised of {specify material
composition, e.g., leather, rubber, animal hide, etc.}
Pen and pencil
covers is acceptable wording; further specification is acceptable, but it is
not required.
045 Penal services, namely, providing correctional
facilities
06-20-2013 - Although services involving provision of
general purpose facilities, such as convention centers and exhibition halls,
are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, “correctional facilities” are related to
“security services for the protection of property and individuals,” see the
Class 45 Heading. Therefore, providing correctional facilities is classified
in Class 45.
006 Penstock pipes of metal
While most metal pipes
and their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
021 Pepper mills
08-25-2011: Deleted the 04-02-1991
entry because it is already covered by “Pepper mills [hand-operated]” in Class
21.
029 Pepper oil
On 12-09-10, the 6-01-10 entry was
amended to delete the lead-in of “condiments, namely,” because “condiments”
are listed in Class 30 in the Nice Agreement.
013 Pepper spray
Transferred from Class 1 in
accordance with 9th edition of Nice Agreement.
030 Peppers [dried for use as a seasoning] (Chili)
The structure of this entry was confusing. It was replaced by the entry “dried
chili peppers [for use as a seasoning].”
010 Percussion hammers
Percussion hammers are medical
instruments for testing tendon reflexes. Percussion hammers are also called
“Reflex hammers.”
015 Percussion instruments, namely, {indicate specific
instruments}
10-03-2013: Entry status changed from “A” added to “X”
example. “Percussion instruments” is acceptable in Class 15. While the
specific type of instruments may be indicated, it is not required.
007 Perforating machines for metalworking
On
06-25-2015, this 07-20-2004 entry was modified to incorporate the bracketed
wording “[for metalworking]” into the identification in order to clarify the
purpose of the goods.
003 Perfume
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
021 Perfume atomizers, sold empty
If sold complete
with perfume, these goods would be in Class 3.
021 Perfume sprayers [sold empty]
If sold complete
with perfume, these goods would be in Class 3.
021 Perfume sprayers sold empty
If sold complete with
perfume, these goods would be in Class 3.
003 Perfumed powders
10-24-2013: Status of entry
changed from “A”-Added to “X”-Example.
003 Perfumes, eau de colognes and aftershaves
11-28-2013: Entry status changed from “A” added to “X” example.
003 Perfumes, eaux de cologne and aftershaves
11-28-2013: Entry status changed from “A” added to “X” example.
026 Permanent botanicals in the nature of artificial flowers
and plants
10-03-2013: Entry status changed from “A” added to “X”
example.
044 Permanent makeup services
On 01-28-2016, this
01-14-2016 entry was deleted from the Manual because it is a duplicate of an
existing entry.
044 Permanent makeup services
Permanent makeup
services typically involve the tattooing (permanent pigmentation of the
dermis) of designs that resemble makeup to the skin of the face, lips and
eyelids. 01-28-2016: Permanent makeup services are also called “cosmetic
tattooing” or “micropigmentation,” which are cosmetic procedures in which
pigment is embedded beneath the skin to add permanent color.
045 Personal care assistance of activities of daily living,
such as bathing, grooming and personal mobility for mentally or physically
challenged people
09-05-2013: Entry status changed from “A” added to
“X” example.
045 Personal chef services
This service involves
cooking meals for a person in their own home - it is not part of a restaurant
service.
041 Personal coaching services in the field of {indicate field
or subject matter}
This service involves a teaching experience in
which one (or more) person provides face-to-face instruction to one (or more)
person.
045 Personal concierge services for others comprising making
requested personal arrangements and reservations and providing
customer-specific information to meet individual needs
Personal
concierge services are justified in Class 45 because they comprise customized
personal and social services rendered by others to meet the needs of
individuals as per the Class Heading.
013 Personal defense sprays
Transferred from Class 1
in accordance with 9th edition of Nice Agreement.
041 Personal fitness training services featuring aerobic and
anaerobic activities combined with resistance and flexibility training
09-26-2013: Entry status changed from “A” added to “X” example.
041 Personal fitness training services, namely, providing
cross-training instruction to tennis players, based on pilates methods and
tennis techniques, in a studio or on a tennis court
09-26-2013: Entry
status changed from “A” added to “X” example.
045 Personal gift selection for others
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Personal letter writing for others
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016:
Status of entry changed from “M”-Modified to “X”-Example.
016 Personal organizers
This is a paper notebook-like
product, not an electronic one.
045 Personal shopping for others
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Personal speech writing
On 4-18-2013, this
3-14-2013 entry was deleted because all speech writing for non-advertising
purposes is classified in Class 41. The Class 41 Explanatory Note in the Nice
Classification states that Class 41 covers services...intended to engage the
attention.
041 Personal training provided in connection with weight loss
and exercise programs
11-12-2015: Personal training services and
personal trainer services involve physical fitness programs and instruction
for others in Class 41, while athletic training services are health care
services in Class 44.
041 Personal training services, namely, strength and
conditioning training and speed training
09-26-2013: Entry status
changed from “A” added to “X” example. 11-12-2015: Personal training services
and personal trainer services involve physical fitness programs and
instruction for others in Class 41, while athletic training services are
health care services in Class 44.
041 Personal training services, namely, strength and
conditioning training
11-12-2015: Personal training services and
personal trainer services involve physical fitness programs and instruction
for others in Class 41, while athletic training services are health care
services in Class 44.
039 Personal travel tour guide services
On
01-01-2013, this 01-07-2010 entry was modified by inserting the word “travel”
to clarify the nature of the services and to conform to amendments under the
Nice Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016,
this 01-01-2013 entry was deleted because it is unclear whether the
description encompasses transport services in Class 39 or guided tour-type
services in Class 41. This wording is no longer acceptable under Nice
10-2016.
016 Personalized stickers
Stickers is acceptable
wording; further specification is acceptable, but it is not required.
016 Personalized written or printed messages in decorative
miniature envelopes contained in a jar
09-05-2013: Status of entry
changed from “A”-Added to “X”-Example.
035 Personnel management services provided by professional
employer organizations (PEOs) through co-employment agreements
The
term “co-employment services” is indefinite and includes a range of business
management and human resources management activities. The term “co-employment
services” must be further specified, e.g., Co-employment services in the
nature of providing human resource management for others in Class 35,
Providing human resources management services for others through co-employment
contracts in Class 35, etc.
025 Perspiration absorbent strap to be used in the bill of a
hat
10-01-2015: Entry status changed from “A” Added to “X”
example.
037 Pest control and extermination services, other than for
agricultural, horticultural and forestry purposes
On 06-25-2015, this
09-20-2007 entry was modified by inserting “services” and “horticultural and
forestry” to conform with the Nice Classification. Also, the status of the
entry was changed from “A-Added” to “X-Example.”
044 Pest control services for agriculture featuring crop
scouting activities of evaluating pest pressure on crops and projecting
potential effectiveness of pest control measures
Pest control
services for agriculture is acceptable wording; further specification is
acceptable, but it is not required.
037 Pest control services, other than for agriculture,
horticulture and forestry
On 06-25-2015, this 04-02-1991 entry was
modified by inserting “services, other than for agriculture, horticulture and
forestry” to conform with the Nice Classification. 04-02-1991 - Note: Pest
control for agricultural, horticultural or forestry purposes are in Class
44.
044 Pest control services for agriculture, horticulture and
forestry
On 06-25-2015, this 08-02-2007 entry was modified in a minor
way by changing “or” to “and” to make it consistent with other related
entries.
018 Pet accessories, namely, specially designed canvas, vinyl
or leather bags attached to animal leashes for holding small items such as
keys, credit cards, money or disposable bags for disposing of pet waste
07-04-2013: Status changed from “A” - Added to “X” - example.
003 Pet care kits comprising shampoo, conditioner, body
spray
11-28-2013: Entry status changed from “A” added to “X”
example.
044 Pet care services, namely, dog walking, dog bathing,
non-medicated pet grooming and in-home medical care
09-05-2013: Entry
status changed from “A” added to “X” example.
018 Pet clothing for {specify type of animal, e.g., pigs,
dogs, etc.}
“Pet clothing” is an acceptable identification; further
specification is acceptable, but it is not required.
018 Pet clothing, namely, {indicate specific item, e.g.,
shirts, skirts, scarves, etc.}
“Pet clothing” is an acceptable
identification; further specification is acceptable, but it is not
required.
045 Pet cremation services
Cremation services is
acceptable wording; further specification is acceptable, but it is not
required.
020 Pet cushions
This item was added to the 8th
edition of the Nice Agreement in Class 20. Therefore, the entry had to be
transferred from Class 18 to Class 20 in the US ID Manual.
045 Pet funeral ceremony services accompanying cremation
06-18-2009 This refers to the memorial or religious service. 07-02-2009 -
Entry changed from “Pet cremation [funerary services]” to “Funeral services
for pets accompanying cremation” to avoid confusion with “cremation services”
- the actual act of cremation - in Class 40. 01-01-2016: On 01-01-2016, this
07-02-2009 entry was modified to add the word “ceremony” to clarify the nature
of the services in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. The reference to Class 40 in the
07-02-2009 Note refers to a prior edition of the Nice Classification. On
01-17-2013, cremation services were transferred from Class 40 to Class 45
based on the Nice Classification, Tenth edition, version 2013, effective
01-01-2013. Accordingly, cremation services are now classified in Class 45, as
opposed to Class 40.
020 Pet furniture in the nature of {specify the type of pet
furniture, e.g., cat trees, cat condos, etc.}
Pet furniture is
acceptable wording;; further specification is acceptable, but is not
required.
021 Pet grooming device comprising a sprayer nozzle and an
attachment that connects to a water source and to a reservoir for a
conditioning agent
09-05-2013: Entry status changed from “A” added to
“X” example.
021 Pet grooming device comprising a built in brush head and
an attachment that connects to a water source
09-05-2013: Entry
status changed from “A” added to “X” example.
018 Pet hair bows
Hair bows for humans are classified
in Class 26.
044 Pet hospital services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
043 Pet hotel services
On 10-6-2011, this 4-30-2009
entry was amended from “Dog hotel services” to “Pet hotel services” to reach a
broader audience
014 Pet jewelry for {specify type of animal, e.g., cats, dogs,
etc.}
“Pet jewelry” is an acceptable identification; further
specification is acceptable, but it is not required.
003 Pet odor removers
On 07-14-2011, the 06-01-2001
entry was deleted because the “pet odor removers” in Class 3 caused confusion
with odor eliminating and neutralizing preparations for use on carpets,
textiles, and other household surfaces in Class 5. The entry was replaced with
“Odor removers for pets” in Class 3.
039 Pet rescue services
10-06-2011: Deleted the
05-01-2003 entry because it is overbroad, and it is already covered by the new
entries in Classes 39, 43, and 45, related to “Animal rescue services.”
018 Pet restraining devices consisting of {specify, e.g.,
collars, harnesses, restraining straps, leashes with locking devices, etc.}
for use in {indicate purpose, e.g., pet grooming or veterinary care, etc.}
01-01-2016: Status of entry changed from “A”-Added to “X”-Example.
Electronic collars used to train animals are classified in Class 9 based on
the wording “teaching apparatus and instruments” in the Class 9 Class
Heading.
045 Pet sitting
Transferred from Class 44 pursuant to
9th edition of Nice Agreement
021 Pet waste management kits comprising scoops for pet waste
disposal, plastic bags and liners, and portable dispensers for plastic bags
and liners sold as a unit
07-04-2013: Status changed from “A” - Added
to “X” - example.
005 pH test strips, namely, test strips for use in measuring
the pH level in human bodies for purposes of determining levels of alkalinity
in the body
On 05-28-2015, this entry of 09-24-2009 was amended to
change “PH” to “pH.”
001 pH value measurement indicators made of paper
On
05-28-2015, this entry of 12-10-2008 was amended to change “PH” to “pH.”
009 Phablets
Phablets are mobile devices that combine
the features of smartphones and tablet computers.
044 Pharmaceutical advice
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Pharmaceutical compounding services
This service
refers to the actual making of a prescription customized for the patient
justifying classification in Class 44 as the direct treatment of the patient,
and is not a manufacturing activity.
005 Pharmaceutical preparations, namely, antivirals
Antivirals is acceptable wording; further specification is acceptable, but it
is not required.
005 Pharmaceutical preparations for treating sunburn
On 01-01-2016, this 12-01-2011 entry was modified from “Sunburn preparations
for pharmaceutical purposes” to the current entry to align the description
with the Nice Classification, Tenth edition, version 2016.
005 Pharmaceutical preparations for the prevention and
treatment of disorders of the nervous system, the immune system, the
cardio-vascular system, the metabolic system, the respiratory system, the
musculo-skeletal system, the genitourinary system; for the treatment of
inflammatory disorders; for use in dermatology, oncology, hematology and in
tissue and organ transplantation, in ophthalmology and for gastroenterological
disorders
On 03-17-11 this entry was deleted because it is adequately
covered by a more general entry that allows one to fill in the specific
condition or disease that the preparation is used to treat. This wording is
however still acceptable for use as an identification of goods. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
005 Pharmaceutical preparations and substances for the
treatment of viral, metabolic, endocrine, musculoskeletal, cardiovascular,
cardiopulmonary, genitourinary, sexual dysfunction, oncological,
hepatological, ophthalmic, respiratory, neurological, gastrointestinal,
hormonal, dermatological, psychiatric and immune system related diseases and
disorders
07-04-2013: Status changed from “A” - Added to “X” -
example.
039 Pharmacy packaging service that aligns, sorts and packages
a patient's medications by date and time into individual packets
11-20-2014: These services are in Class 39 because “Packaging articles to the
order and specification of others” is classified in Class 39.
009 Phase shifters for {indicate, e.g., communications
apparatus, etc., but do not indicate musical instruments}
Phase
shifters for musical instruments are in Class 15.
009 Phase shifters for communications apparatus
Phase
shifters for musical instruments are in Class 15.
015 Phase shifters for musical instruments
Phase
shifters for communications apparatus are in Class 9.
029 Pheasant
When used in singular form, “chicken,”
“turkey,” “pheasant” and “quail” are acceptable identifications in Class 29
based on the wording “meat, fish, poultry and game” in the Class 29 Heading.
However, in the plural form, “chickens,” “turkeys,” “pheasants” and “quails”
are indefinite and overbroad because the identifications encompass live
animals in Class 31.
042 Philanthropic 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
goods or services provided controls classification.
038 Philanthropic services in the area of donations of
wireless telephones and wireless telephone airtime to victims of domestic
violence and domestic violence advocacy groups and organizations
08-01-2013: Acceptable entry status changed from “A” added to “X” example. As
telephone communication services are classified in Class 38, donations of
equipment to conduct such services are in Class 38.
044 Phlebotomy services
Phlebotomy is the act of
drawing or removing blood from the circulatory system through an incision or
puncture in order to obtain a sample for analysis and diagnosis.
009 Phonographic record cleaning kits comprised primarily of
replacement stylus needles and also including cleaning solution and
brushes
07-04-2013: Status changed from “A” - Added to “X” -
example.
009 Photo printers
01-01-2016: Photo printers in
Class 9 print photographs onto paper or paper substitutes. In contrast, 3D
printers are additive manufacturing machines that create or build
three-dimensional solid objects by laying down successive layers of material,
and thus, are classified as “machines” which is in the Class Heading for Class
7.
042 Photo scanning services
10-8-09 - The 7-24-08 was
transferred from 40 because photo scanning is conversion from physical to
electronic media and that is a Class 42 service.
016 Photo stands
11/20/08 - Transferred from Class 16
to Class 20 because the goods are more like picture frames that are also in
Class 20. 12/17/09 - A review of the Nice Agreement indicates that these goods
should be in Class 16. Therefore, the goods were transferred from Class 20 to
Class 16 in compliance with the Nice Agreement.
016 Photo storage boxes
Classified in 16 regardless
of composition because they are designed to hold photographs.
001 Photocopier chemicals
This entry was deleted
because chemicals are generally classified in Class 1. However, the entries
concerning photocopier toners in Class 2 were added at the same time as this
deletion.
002 Photocopier toner in cartridges
On 06-25-2015,
this status of this entry was changed from “A-Added” to “X-Example.”
Photocopier toner is acceptable wording; further specification is acceptable,
but it is not required.
016 Photocopy papers
12-02-2011: While this wording
is still acceptable, the 07-20-2004 entry is being deleted from the Manual
because it is covered by the existing entry “Paper for photocopies” in Class
16. 10-03-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Photocopying services
On 1-1-2012, this entry of
4-2-1991 was amended to add the term “services” pursuant to a translation
issue in the 10th Edition of the Nice Agreement.
042 Photogrammetry
These services were transferred to
Class 42 from Class 41. Photogrammetry is a type of measuring activity, not a
photographic activity.
016 Photograph stands
11/20/08 - Transferred from
Class 16 to Class 20 because the goods are more like picture frames that are
also in Class 20. 12/10/09 - A review of the Nice Agreement indicates that
these goods should be in Class 16. Therefore, the goods were transferred from
Class 20 to Class 16 in compliance with the Nice Agreement.
041 Photographic composition for others
These
services were transferred to Class 41 from Class 42 due to the restructuring
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
transferred to Class 41 as a result of the restructuring.
041 Photographic computer imaging
9-10-09 - The
9-1-95 entry was transferred from Class 40. It is a photography-type service
and photography is in Class 41. Transferring this service to Class 41 brings
it into consistency with the entry “digital imaging services” in Class 41 as
required by the Nice Agreement.
040 Photographic image processing
The 01-27-2011
Trilateral entry is too broad and includes services in multiple classes. It
goes beyond the chemical treatment of photographic film in Class 40, and also
includes Digital imaging services in Class 41, Electronic digitizing of
photographs into a computer readable media in Class 42, etc.
001 Photographic paper [must be chemically-sensitized
paper]
9/18/08 - information in brackets added to differentiate this
paper in class 1 with paper for printing photographs that is not chemically
sensitized in class 16.
041 Photographic reporting
These services were
transferred to Class 41 from Class 42 due to the restructuring 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 transferred to Class
41 as a result of the restructuring. Also, other news reporting services were
transferred to Class 41 as a result of the Class 42 restructuring.
016 Photographs [printed]
On 1-1-2012, this entry of
4-2-1991 was amended to add the term “[printed]” to clarify the nature of the
goods pursuant to the 10th Edition of the Nice Agreement.
016 Photographs in the field of {indicate subject matter or
field, e.g., automobiles, cats and dogs, etc.} [printed]
“Photographs
[printed]” is acceptable wording; further specification of the subject matter
or field of the printed photographs is acceptable, but it is not required.
009 Photovoltaic cells also including a solar thermal
collector sold as a unit
01-16-2014: Entry status changed from “A”
added to “X” example.
041 Physical education
On 8-25-2011, this 11-29-2007
entry was deleted because it is covered by the existing Manual entry for
“Physical education services” 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example.
041 Physical fitness consultation
These services were
transferred to Class due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. This entry as transferred to Class
41 as a result of the restructuring.
041 Physical fitness studio services, namely, providing
exercise classes, body sculpting classes, and group fitness classes
On 06-27-2013, the status of this entry was changed from “A” to “X” to
indicate that it is an example of acceptable wording under current USPTO
policy.
041 Physical fitness training services using pilates
apparatuses, pilates training techniques and tennis techniques to improve core
strength, endurance and match play for tennis players in order to prevent
tennis-related injuries and assist in the rehabilitation process of injured
tennis players
11-27-2014: Entry status changed from A added to X
example.
044 Physical rehabilitation services for {indicate group or
individual, e.g., athletes, veterans, horses, etc.} through use of {specify,
e.g., modalities, exercises, etc.}
“Physical rehabilitation” is an
acceptable identification; the particular group or individual or methodologies
being employed may be indicated, but are not required.
044 Physical rehabilitation
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
039 Physical storage of {in general or specific physical
goods, e.g., furniture, furs etc.}
On 01-01-2014, this 04-02-1991
entry “Storage of {in general or specific type, e.g. furniture, furs}” was
amended to “Physical storage of {in general or specific physical goods, e.g.
furniture, furs}” pursuant to the addition of “Electronic data storage” in
Class 42 to the Nice Alphabetical List, in compliance with the Nice
Classification, Tenth edition, version 2014, effective 1-1-14. Services
involving physical storage of goods are in Class 39.
044 Physical therapy
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
044 Physician services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
020 Piano benches
Although these goods have
specialized uses in connection with musical instruments, they are primarily in
the nature of furniture in Class 20.
015 Piano parts, namely, metal movable support arms for piano
lids
10-03-2013: Entry status changed from “A” added to “X”
example.
020 Picture and photograph frames
9-13-09 - This does
not include digital photo frames - they are in Class 9.
020 Picture frames
9-13-09 - This does not include
digital photo frames - they are in Class 9.
020 Picture frames [not of precious metal]
9-13-09 -
This does not include digital photo frames - they are in Class 9.
020 Picture frames of precious metal
This entry was
transferred from Class 14 to Class 20 pursuant to the 9th edition of the Nice
Agreement. 9-13-09 - This does not include digital photo frames - they are in
Class 9.
020 Picture frames with plush decorative outer surface
9-13-09 - This does not include digital photo frames - they are in Class
9.
021 Piggy banks
Under the 10th Edition of the Nice
Agreement, all piggy banks were transferred to Class 21, as a household
container, regardless of material composition. Toy banks are in Class 28.
006 Piggy banks made of precious metal
3-29-2007 Nice
Agreement indicates that piggy banks not made of metal are in 21. Therefore,
this item made of precious metal must be transferred to Class 6. 1-1-2012
Under the 10th Edition of the Nice Agreement, all piggy banks, regardless of
material composition, were transferred to Class 21, as household/domestic
containers, with the exception of toy piggy banks, which the USPTO classifies
in Class 28 as toys. Therefore this entry of 3-29-2007 has been deleted.
006 Piggy banks of metal
1-1-2012 Under the 10th
Edition of the Nice Agreement, all piggy banks, regardless of material
composition, were transferred to Class 21, as household/domestic containers,
with the exception of toy piggy banks, which the USPTO classifies in Class 28
as toys. Therefore this entry of 3-29-2007 has been deleted.
041 Pilates instruction
11-27-2014 This 11-20-2014
was incorrectly classified in Class 44, and this amendment to Class 41
corrects that inadvertent misclassification.
006 Pilings of metal
Metal pilings are columns driven
into the ground to provide support for a structure such as a dam or
floodwall.
006 Pillars of metal for buildings
01-01-2016: Status
of entry changed from “A”-Added to “X”-Example.
020 Pillboxes of precious metal for commercial purposes
Transferred from Class 14 based on 9th edition of Nice Agreement. 2-12-09
- “For commercial purposes” added to 7-5-07 ID. Pill boxes for personal use
would be in Class 21.
008 Pin punches
Pin punches are hand-operated tools
used to remove metal pins from holes.
025 Pinafores
05-14-2015: A pinafore is a sleeveless
garment similar to an apron, worn especially by small girls as a dress or an
overdress.
028 Pine tar for athletic equipment
Pine tar for
athletic equipment is classified in Class 28 because “Rosin used by athletes”
is in the Nice Alphabetical List in Class 28.
014 Pins [jewelry]
11-12-09 - The 8-9-07 entry has
turned out to be problematic. The notation that these are jeweler pins must be
part of the language of the goods and not contained square brackets since this
notation will not be included in the ID in an electronic application. “Pins”
by itself causes confusion with items in other classes such as Class 26.
028 Pinwheels [toys]
A pinwheel is a toy made of a
wheel of paper or plastic curls attached at its axle to a stick by a pin.
019 Pipe fittings comprised primarily of plastic
09-24-09: Original entry; 10-07-10 Transferred the entry from Class 17 to
Class 19; the entry was incorrectly classified in 17 due to a translation
problem in the Nice Agreement's Alphabetical List. Metal pipe fittings are in
Class 6, non-metal pipe fittings are in 19, and non-metal fittings for hoses
are in 17.
006 Pipes and tubes of metal
While most metal pipes
and their metal parts are in Class 6, those that are parts of sanitary
installations are in Class 11.
006 Pipes of metal
While most metal pipes and their
metal parts are in Class 6, those that are parts of sanitary installations are
in Class 11.
025 Pique shirts
05-21-2015: A pique shirt is a shirt
of durable ribbed clothing fabric of cotton, rayon, or silk.
006 Pitons of metal
08-01-2003 Indication of material
composition needed to comply with Nice Agreement. On 01-01-2014, this
08-01-2003 entry “Mountaineering equipment, namely, pitons of metal” was
modified, pursuant to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14, by deleting the wording “Mountaineering equipment, namely.”
A piton is a pointed piece of metal used in rock climbing that is hammered
into a crack in the rock in order to hold the rope which is attached to the
climber. Specification of pitons of metal as “mountaineering equipment” is
permissible, but is no longer required.
009 Pitot tubes
Pitot tubes are measuring instruments
for airplanes
030 Pizza cheese sticks
2-11-10 - These goods always
have a bread or pizza crust base, therefore, they are not cheese sticks; they
are pizza ingredients in stick form.
005 Placebo pills and mixes for the psychological benefit of
cleansing one's karma
08-01-2013: Acceptable entry status changed
from “A” added to “X” example.
045 Placement services for a pet when the owner dies and there
is no one to care for the pet and subsequent monitoring of the care provided
for the pet
08-09-2012: These services are in Class 45 because they
are similar to “Adoption agency services,” which appears in the Alphabetical
List in Class 45.
007 Plaiting machines
Plaiting machines are also
known as braiding machines.
008 Planes
These are hand tools in Class 8 and not
aircrafts in Class 12.
007 Planing machines
A planning machine is a power
tool for smoothing or shaping wood
007 Planing machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Planing machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
042 Planning and design of {specify type of facility, e.g.,
aquatics facilities, horse-riding arenas, etc.}
5-12-11: The
5-14-2009 entry was modified to delete “horse-riding arenas” and replace it
with a broader fill-in section.
042 Planning and designing aquatics facilities
On
5-12-11, this 12-21-2006 entry was deleted because the services are
encompassed by the existing Manual entry “planning and design of {specify type
of facility, e.g., aquatics facilities, horse-riding arenas, etc.}” in Class
42. On 06-27-2013, the status of this entry was changed from “D” to “X” to
indicate that it is an example of acceptable wording under current USPTO
policy.
042 Planning and development of electronic communications
networks
4-23-09 - “Technical support” was deleted from the original
2-1-06 entry because the activity can include either diagnosis of problems in
Class 42 or repair of the problems in 37.
042 Planning and layout design services for {specify type of
space, e.g., cleanroom environments, interior space of retail business
establishments, etc.}
5-12-11: The 7-1-2003 entry was modified to
delete “cleanroom environments” and replace it with a broader fill-in
section.
042 Planning and layout design for the interior space of
retail business establishments
On 5-12-11, this 3-29-2007 entry was
deleted because the services are encompassed by the existing Manual entry
“planning and layout design services for {specify type of space, e.g.,
cleanroom environments, interior space of retail business establishments,
etc.}”
042 Planning, design and implementation of computer
technologies for others
5-12-11: The 7-2-2009 entry was modified to
delete the term “virtualization” and replace it with “computer” and delete the
wording “for enterprises and businesses” and replace it with “for others” in
order to broaden the scope of this entry.
042 Planning, design, development and maintenance of online
websites for third parties
On 01-01-2014, this 01-14-2010 entry
“Planning, design, development, maintenance and optimization of online
websites for third parties” was amended to “Planning, design, development and
maintenance of online websites for third parties” in Class 42. “Web site
optimization” is classified in Class 35 pursuant to the Nice Classification,
Tenth edition, version 2014, effective 1-1-14.
035 Planning, design, development, maintenance, tracking and
reporting of online marketing activities for third parties
2-11-10 -
Deleted “and optimization” from the 1-14-10 entry because it was causing
confusion with the optimization activities in Class 42 that are improvements
to software by means of programming upgrades or changes.
044 Plant care services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
042 Plant engineering
The term plant in this
identification refers to a factory.
005 Plant extracts for pharmaceutical compositions
10-14-10 - this 10-7-10 entry was introduced in error. It is too broad under
US policy - the disease or condition that the pharmaceutical treats should be
indicated in an ID such as this.
001 Plant growth nutrients for {indicate area of use, e.g.,
agricultural, domestic, commercial, etc.} use
Plant growth nutrients
is acceptable wording; further specification is acceptable, but it is not
required.
001 Plant hormones for {indicate, e.g., agricultural use,
promoting growth of plants, etc.}
Plant hormones are also called
“phytohormones.” Plants hormones and phytohormones are both acceptable
wording; further specification is acceptable, but it is not required.
044 Plant nursery services
01-01-2002: This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Plant nurseries” to “Plant
nursery services” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
020 Plant stands
All plant stands are in 20
regardless of material composition. They function as a piece of furniture.
030 Plantain flour
10-31-2013: This entry of
05-26-2011 was reclassified from Class 29 to 30 on the basis that flours made
of vegetables or legumes, such as soya flour, bean meal, and tapioca flour for
food are in the Nice Alphabetical List in Class 30. When used in food either
as thickening agents or to prepare foods for individuals who cannot eat
grain-based flour, such goods are also in Class 30.
020 Plaques of {indicate bone, plastic, wax, wood} for use as
awards
The term “awards” is indefinite and overbroad, and the nature
of the awards must be indicated for both likelihood of confusion and
classification purposes. In this case, the awards are in the nature of
plaques, and plaques are classified according to material composition under
USPTO ID policy. Therefore, “Plaques of {indicate bone, plastic, wax, wood}
for use as awards” are in Class 20 based on the material composition of the
goods. The purpose of the plaques, “for use as awards,” does not determine
classification of the goods.
021 Plaques of {indicate china, crystal, earthenware, glass,
porcelain, terra cotta} for use as awards
The term “awards” is
indefinite and overbroad, and the nature of the awards must be indicated for
both likelihood of confusion and classification purposes. In this case, the
awards are in the nature of plaques, and plaques are classified according to
material composition under USPTO ID policy. Therefore, “Plaques of {indicate
china, crystal, earthenware, glass, porcelain, terra cotta} for use as awards”
are in Class 21 based on the material composition of the goods. The purpose of
the plaques, “for use as awards,” does not determine classification of the
goods.
020 Plaques of {indicate bone, ivory, plastic, wax, wood}
Pursuant to the 9th edition of the Nice Agreement, plaques without any
language identifying their material composition were deleted. Now plaques are
classified according to their material composition.
006 Plaques of common metal for use as awards
The
term “awards” is indefinite and overbroad, and the nature of the awards must
be indicated for both likelihood of confusion and classification purposes. In
this case, the awards are in the nature of plaques of common metal, and
plaques are classified according to material composition under USPTO ID
policy. Therefore, “Plaques of common metal for use as awards” are in Class 6
based on the material composition of the goods. The purpose of the plaques,
“for use as awards,” does not determine classification of the goods.
007 Plasma cutting machines
Cutting machines is
acceptable wording; further specification is acceptable, but is not
required.
001 Plastic adhesives for industrial purposes
On
01-01-2016, this 07-20-2004 entry was modified to replace “[not for stationery
or household purposes]” with “for industrial purposes” to make clear the
purpose of the goods and the justification for classification in Class 1.
Under Nice 10-2016, “adhesives, other than for stationery or household
purposes” is indefinite and overly broad because the purpose of the goods is
unclear. Certain specialized adhesives that are not used for stationery or
household purposes are classified in classes other than Class 1, e.g., dental
adhesives, in Class 5, and adhesives for cosmetic use, in Class 3. Please
consult the Manual for examples of adhesives in other classes.
025 Plastic baby bibs
This entry was transferred from
Class 20 to Class 25 based on a clarification in the 8th edition of the Nice
Agreement. Only paper baby bibs are classified in Class 16; all other baby
bibs are in Class 25 regardless of material composition.
021 Plastic bag holders for household use
03-03-2016
- “Plastic bag holders for household use” are classified in Class 21 because
they function as household containers. The term “containers for household or
kitchen use” appears in the Nice Alphabetical List in Class 21 (Basic No.
210199).
022 Plastic bags for securing valuables
This entry
was found unnecessary since all bags for securing valuables are classified in
Class 22 regardless of material composition.
021 Plastic buckets for {indicate purpose, e.g., storing bath
toys, live bait, catching frogs, etc.}
On 05-30-2013, this entry of
11-26-2009 was changed from “plastic buckets for storing bath toys” to a
fill-in entry. While the purpose may be indicated, it is not necessary to do
so. “Plastic buckets” is an acceptable entry in Class 21.
020 Plastic cake toppers
Cake toppers are decorations
for cakes. Decorations for cakes are classified by material composition.
Therefore, plastic cake toppers are classified in Class 20.
020 Plastic card keys, not encoded and not magnetic
On 01-01-2014, this entry of 04-02-1991 “Plastic card keys” was amended to
“Plastic card keys, not encoded and not magnetic” pursuant to the addition of
“Plastic key cards, not encoded and not magnetic” to the Nice Classification,
Tenth edition, version 2014, effective 1-1-14.
017 Plastic Christmas tree wrap for use in transporting
natural Christmas trees and storing artificial Christmas trees
On
07-10-2014, this 09-13-2007 ID was deleted because the nature of the wrap is
indefinite. “Plastic Christmas tree netting for use in transporting natural
Christmas trees” was added to Class 22.
021 Plastic coasters
Paper coasters are in Class 16;
coasters not of paper and other than table linen are in 21; coasters of table
linen are in 24. 02-12-2015 - The only materials excluding a coaster from
being classified in Class 21 are those of paper in Class 16 and those of
textile in Class 24.
019 Plastic conduit for drainage and irrigation
Transferred to 19 because they are in the nature of nonmetal construction
materials
019 Plastic conduit for irrigation
Moved from 17 -
not a flexible pipe or hose. More in the nature of a construction element.
019 Plastic conduit for drainage
Transferred to 19
because they are in the nature of nonmetal construction materials
021 Plastic containers in the shape of fruits and vegetables
for storing individual fruits and vegetables, and for extending the life of
those fruits and vegetables
05-22-2014: Status of acceptable entry
changed from “A”-Added to “X”-Example.
021 Plastic containers, namely, plastic party favor boxes sold
empty
On 10-25-2012, this 11-12-2009 entry, “Plastic containers,
namely, plastic party favor boxes sold empty,” was deleted and replaced with
“Party favor gift boxes sold empty” in Class 16. Commonly made from paper,
cardboard or plastic, these boxes are used for packaging small party gifts,
thus justifying classification in Class 16 as comparable to the “Boxes of
cardboard or paper” in the Nice Alphabetical List, and under the Class Heading
“plastic materials for packaging”
019 Plastic extrusions, namely, {specify type, e.g.,
decking}
This language includes non-metal construction elements. A
finished product that is not a construction product but could be considered a
plastic extrusion should be classified in the class of the finished
product.
005 Plastic facial adhesive film for temporary wrinkle removal
or reduction
On 08-09-2012, this 06-01-2001 entry was modified by
deleting “Cosmetic apparatus, namely, soft” and transferring it from Class 10
to Class 5 because the adhesive film is comparable to the “Adhesive bands for
medical purposes” and “Plasters for medical purposes,”
017 Plastic film for commercial and industrial use
On
07-18-2013, this 03-06-2008 entry was deleted because it is broad enough to
encompass goods in Class 16. Plastic films and sheets are generally
classified according to function or purpose of the goods: Class 16 for
“wrapping or packaging” purposes, and Class 17 for “packing” or non-wrapping
purposes, as well as plastics in extruded form for use in further manufacture.
The identification should indicate the purpose of the goods for proper
classification.
017 Plastic film for packing, cushioning, or stuffing purposes
[other than for wrapping]
Plastic films are generally classified
according to function or purpose of the goods: Class 16 for “wrapping or
packaging” purposes, and Class 17 for “packing” or non-wrapping purposes, as
well as plastics in extruded form for use in further manufacture. The
identification should indicate the purpose of the goods for proper
classification.
016 Plastic film for packaging
Plastic films are
generally classified according to function or purpose of the goods: Class 16
for “wrapping or packaging” purposes, and Class 17 for “packing” or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture. The identification should indicate the purpose of the goods for
proper classification.
016 Plastic film for use as wrapping and packaging material
for {indicate area of use or industry or indicate for general use}
Plastic films for wrapping and packaging is acceptable wording in Class 16;
further specification as to field or industry is acceptable, but it is not
required.
016 Plastic film for wrapping
Plastic films are
generally classified according to function or purpose of the goods: Class 16
for “wrapping or packaging” purposes, and Class 17 for “packing” or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture. The identification should indicate the purpose of the goods for
proper classification.
016 Plastic film not for commercial or industrial purposes
On 07-18-2013, this 04-02-1991 entry was deleted because it is broad
enough to encompass goods in Class 17. Plastic films and sheets are generally
classified according to function or purpose of the goods: Class 16 for
wrapping or packaging purposes, and Class 17 for packing or non-wrapping
purposes, as well as plastics in extruded form for use in further manufacture.
The identification should indicate the purpose of the goods for proper
classification.
016 Plastic film roll stock for packaging {indicate goods
being packaged, e.g., food, pharmaceuticals, electronic devices, etc.}
Plastic film roll stock for packaging is acceptable wording in Class 17;
further specification of the goods being packaged is acceptable, but it is not
required. On 07-18-2013, this 05-16-2013 entry was transferred from Class 17
to Class 16 because “Plastic materials for packaging” is in the Class 16
Heading, and the analogous goods “plastic cling film, extensible, for
palletization” appears in the Nice Alphabetical List in Class 16. Plastic
films and sheets are generally classified according to function or purpose of
the goods: Class 16 for “wrapping and packaging” purposes, and Class 17 for
“packing” or non-wrapping purposes, as well as plastics in extruded form for
use in further manufacture.
016 Plastic film roll stock for packaging
On
07-18-2013, this 05-16-2013 entry was transferred from Class 17 to Class 16
because “Plastic materials for packaging” is in the Class 16 Heading, and the
analogous goods “plastic cling film, extensible, for palletization” appears in
the Nice Alphabetical List in Class 16. Plastic films and sheets are
generally classified according to function or purpose of the goods: Class 16
for “wrapping and packaging” purposes, and Class 17 for “packing” or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture.
016 Plastic films used as packaging for food
On
07-18-2013, this 06-01-2001 entry was transferred from Class 17 to Class 16
because “Plastic materials for packaging” is in the Class 16 Heading, and the
analogous goods “plastic film for wrapping” appears in the Nice Alphabetical
List in Class 16. Plastic films and sheets are generally classified according
to function or purpose of the goods: Class 16 for “wrapping and packaging”
purposes, and Class 17 for “packing” or non-wrapping purposes, as well as
plastics in extruded form for use in further manufacture.
016 Plastic flexible packaging film sold in bulk to industrial
and commercial manufacturers
On 07-18-2013, this 07-01-2004 entry was
transferred from Class 17 to Class 16 because “Plastic materials for
packaging” is in the Class 16 Heading, and the analogous goods “plastic cling
film, extensible, for palletization” appears in the Nice Alphabetical List in
Class 16. Plastic films and sheets are generally classified according to
function or purpose of the goods: Class 16 for “wrapping and packaging”
purposes, and Class 17 for “packing” or non-wrapping purposes.
021 Plastic freezer pop forms
On 07-18-2013, the
04-26-2007 entry was modified by deleting “ice pop” and replacing it with
“freezer pop” because ICE POPS is a registered mark, U.S. Reg. No. 2872986,
and cannot be used in an identification of goods, see TMEP 1402.09.
024 Plastic handkerchiefs
10-13-2016 - Plastic
handkerchiefs are classified in Class 24 per the General Remarks because the
goods are analogous to “handkerchiefs of textile,” which appears in the Nice
Alphabetical List in Class 24. Both plastic and textile handkerchiefs are for
personal use, such as wiping the face, nose, or eyes, while paper
handkerchiefs in Class 16 are disposable goods akin to paper tissues.
021 Plastic household storage containers for {specify
household items, e.g., cereals, crayons, vehicle keys, etc.}
Plastic
storage containers for household use is an acceptable identification in Class
21. The specific use of the container may be indicated, but is not
required.
017 Plastic in bars, blocks, pellets, rods, sheets and tubes
in further manufacture for general industrial use
On 07-18-2013, this
04-02-1991 entry was modified by inserting “in further manufacture” to make
clear the justification for classifying these goods in Class 17, and for
consistency with other similar entries. The Class 17 Heading includes
“plastics in extruded form for use in manufacture, and “plastic substances,
semi-processed” appears in Class 17 of the Nice Alphabetical List. Therefore,
the identification should indicate the “semi-processed” nature or further
manufacture purpose of the plastic for proper classification.
017 Plastic in extruded form for general industrial use
On 08-15-2013, this 04-02-1991 entry was deleted because the purpose of
the goods is unclear and variations of this entry are already covered in the
Manual. The Class 17 Heading includes “plastics in extruded form for use in
manufacture” and “plastic substances, semi-processed” appears in Class 17 in
the Nice Alphabetical List. Therefore, the identification should indicate the
semi-processed nature or further manufacture purpose of the plastic for proper
classification.
020 Plastic indicia tabs
6-17-10 - the 6-1-01 entry
was transferred from Class 19. This appears to be a mistake in the initial
entry. This item is analogous to other plastic labels in 20.
020 Plastic knobs
Knobs are classified according to
material composition as required by the Nice Agreement. Metal knobs are in
Class 6; precious metal knobs in 14, porcelain knobs in 21, etc. 1-1-2012 - In
accordance with the 10th Edition of the Nice Agreement, metal knobs are in
Class 6, precious metal knobs are in Class 14 and non-metal knobs are in Class
20.
017 Plastic materials in the form of sheets, rods and
tubes
On 07-18-2013, this 11-15-2007 entry was deleted because it is
broad enough to encompass goods in Class 16, and variations of this entry are
already covered in the Manual. The Class 17 Heading includes “plastics in
extruded form for use in manufacture” and “plastic substances, semi-processed”
appears in Class 17 in the Nice Alphabetical List. Therefore, the
identification should indicate the “semi-processed” nature or further
manufacture purpose of the plastic for proper classification.
020 Plastic medication containers for commercial use
2-12-09 - “for commercial use” added to 4-2-91 ID. Plastic medication
containers for personal use would be in Class 21.
016 Plastic merchandise bags sold empty for pharmaceutical
samples distributed to health care providers
On 02-02-2012, this
06-10-2010 entry was deleted because, while it is still acceptable, it is
already covered by the existing entry “Merchandise bags” in Class 16.
09-05-2013: Acceptable entry status changed from “D” deleted to “X”
example.
020 Plastic mesh cushioning sheets for lining shelves
Language now distinguishes these goods from “self-adhesive plastic sheets for
lining shelves” in Class 16.
020 Plastic pill boxes for commercial use.
2-12-09 -
“Commercial” added to 11-27-08 ID. Pill boxes for personal use are in Class
21.
020 Plastic pillboxes for commercial purposes
2-12-09
- “For commercial purposes” added to 4-2-91 ID. Pill boxes for personal use
would be in Class 21.
024 Plastic place mats
This entry was transferred
from Class 16 to Class 24 based on a clarification in the 8th edition of the
Nice Agreement. Only paper place mats are classified in Class 16; all other
placemats are in Class 24.
020 Plastic pulls
Similar to knobs, pulls are
classified according to material composition as required by the Nice
Agreement. Common metal pulls are in Class 6, wood pulls in 20, porcelain
pulls in 21, etc.
017 Plastic sheet material for construction and general
use
On 07-18-2013, this 11-01-2005 entry was deleted because it is
broad enough to encompass goods in Class 16. Plastic sheets are generally
classified according to function or purpose of the goods: Class 16 for
“wrapping or packaging” purposes, and Class 17 for “packing” or non-wrapping
purposes, as well as plastics in extruded form for use in further manufacture.
The identification should indicate the purpose of the goods for proper
classification.
017 Plastic sheets for construction and general use
On 07-18-2013, this 11-01-2005 entry was deleted because it is broad enough to
encompass goods in Class 16. Plastic sheets are generally classified
according to function or purpose of the goods: Class 16 for “wrapping or
packaging” purposes, and Class 17 for “packing” or non-wrapping purposes, as
well as plastics in extruded form for use in further manufacture. The
identification should indicate the purpose of the goods for proper
classification
017 Plastic sheets for use in the manufacture of {specify
goods, e.g., countertops, tabletops, etc.}
Plastic sheets are
generally classified according to function or purpose of the goods: Class 16
for “wrapping or packaging” purposes, and Class 17 for “packing” or
non-wrapping purposes, as well as plastics in extruded form for use in further
manufacture. The identification should indicate the purpose of the goods for
proper classification.
025 Plastic socks used in the airport environment when going
through security to keep feet clean, dry and sanitary
On 1-15-2015,
this entry of 11-14-2013 was amended to correct the spelling of the term
“thorough” to “through.”
020 Plastic storage containers for commercial or industrial
use
Note that plastic storage containers for domestic or household
use are in Class 21.
021 Plastic storage containers for household or domestic
use
“Household or” added to ID.
020 Plastic storage tanks
Non-metal storage tanks
that are not comprised of masonry are in Class 20 according to the Nice
Alphabetical List.
044 Plastic surgery services that integrate traditional
western medical practices with holistic therapies
11-28-2013: Entry
status changed from “A” added to “X” example.
020 Plastic trays for use when manually counting pills
Plastic trays for use when manually counting pills are classified in
Class 20 based on the material composition of the goods.
017 Plastic tubes for {indicate use, e.g. protecting
electrical wires, milking machines, etc.} [conduits; not packaging]
03-06-2014: Entry clarified by inclusion of examples within curly brackets and
informational matter within square brackets. Tubes and pipes are generally
classified by material composition when used as building materials or when
their function is not otherwise mentioned in a Class Heading. Other tubes
with more specific purposes are classified based on such purpose, such as
glass tubes for scientific purposes in Class 9 and endotracheal tubes in Class
10, regardless of their material composition.
020 Plastic vinyl sheets for attachment to furniture to
prevent damage caused by cat scratching
Because the function of the
plastic vinyl sheets is not covered by the Nice Classification system, these
goods are classified in Class 20 according to material composition as goods
(not included in other classes)of plastics, see the Class 20 Heading.
01-01-2016: The Class 20 Heading was modified under Nice 10-2016 to move
certain wording regarding material content to the Explanatory Note. Please
see the Explanatory Note for Class 20 set forth in TMEP §1401.02(a).
019 Plastic water conduits for roofs and balconies
Moved from 17 - not a flexible hose. More in the nature of construction
element.
017 Plastics in extruded form for use in further
manufacturing
Plastics in extruded form is included in the Class 17
Heading and refers to plastics in semi-finished forms, such as bars, blocks,
pellets, rods, sheets and tubes, for use in further manufacturing. To justify
classification in Class 17, the identification should indicate either the
semi-processed nature of the plastic or its use in further manufacturing.
017 Plastics in the form of sheets, films, blocks, rods and
tubes
On 08-15-2013, this 07-20-2004 entry was deleted because it is
broad enough to include goods in Class 16. Plastics in extruded form is
covered by the entry, Plastic in the form of bars, blocks, pellets, rods,
sheets and tubes for use in manufacturing in Class 17.
021 Plates
Paper and plastic plates are also included
in this class. They are not classified by material composition.
020 Play yards
This item is in the nature of a
confinement system for small children. This is the more common usage of the
term. If the goods are play yards in the nature of outdoor play structures,
the suggested ID in Class 28 should be used with the additional qualification
to justify the goods being in that class.
028 Player-operated electronic controllers for electronic
video game machines
1-1-2012 this entry of 8-1-2004 was transferred
from Class 9 in accordance with 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “Games and playthings” are
in the Class 28 Heading.
028 Playground equipment, namely, swings
The 4-2-1991
entry was deleted on 9-13-2012 because the goods are covered by the entries
“Swings” and the fill-in entry “Playground equipment, namely, {specify items,
e.g., climbing units, sand boxes, swing sets}.”
028 Playground sand boxes
On 9-13-2012, the 4-2-1991
entry “Playground equipment, namely, sand boxes” was modified to “Playground
sand boxes.” The Manual also includes a broader fill-in entry for “Playground
equipment, namely, {specify item, e.g., climbing units, sand boxes, swing
sets}.”
028 Playground slides
On 9-13-2012, the 4-2-1991
entry “Playground equipment, namely, slides” was modified to “Playground
slides.” The Manual also includes a broader fill-in entry for “Playground
equipment, namely, {specify item, e.g., climbing units, sand boxes, swing
sets}.”
028 Playing card cases
Playing cards were transferred
from Class 16 to Class 28 in the 8th edition of the Nice Agreement. Based on
this transfer, cases for holding playing cards were also transferred to Class
28.
028 Playing cards
Playing cards were transferred from
Class 16 to Class 28 in the 8th edition of the Nice Agreement.
028 Playing cards for business training
On
02-28-2013, the 07-26-2007 entry was modified by deleting “Card game” and
inserting “Playing cards” to make clear the nature of the goods. Playing cards
are in the Nice Alphabetical List in Class 28.
025 Plimsolls
05-21-2015: A plimsoll is a light
sports shoe that is made of strong cloth and has a rubber bottom.
007 Ploughshares
A ploughshare is the blade component
of a plough.
015 Plugs for converting open hole flutes to closed hole
flutes
10-03-2013: Entry status changed from “A” added to “X”
example.
011 Plumbing fittings, namely {specify item, e.g., bibbs,
cocks, traps, valves}
Class 11 includes valves for plumbing and
heating and cooling installations regardless of material composition. If not
for these purposes, note that manually operated metal valves are in Class 6;
valves being machine parts and engine valves 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 operated valves are in Class
20.
011 Plumbing fittings, namely, valves
Class 11
includes valves for plumbing and heating and cooling installations regardless
of material composition. If not for these purposes, note that manually
operated metal valves are in Class 6; valves being machine parts and engine
valves 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 operated valves are in Class 20.
011 Plumbing fittings, namely, tub control valves
Class 11 includes valves for plumbing and heating and cooling installations
regardless of material composition. If not for these purposes, note that
manually operated metal valves are in Class 6; valves being machine parts and
engine valves 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 operated valves are in Class 20.
011 Plumbing fittings, namely, shower control valves
Class 11 includes valves for plumbing and heating and cooling installations
regardless of material composition. If not for these purposes, note that
manually operated metal valves are in Class 6; valves being machine parts and
engine valves 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 operated valves are in Class 20.
025 Plus fours
05-21-2015: Plus fours are loose
sports knickers made four inches longer than ordinary knickers.
019 Plywood made in whole or substantial part of {specify,
e.g., bamboo, oak, etc.}
Identification of material composition may
be required during examination of marks that feature such terminology. See
TMEP §1203.02.(f)(i) for further information.
024 Pocket handkerchiefs
On 10-13-2016, this
04-01-2006 entry was deleted because it is indefinite and overbroad. It is
unclear whether the goods function primarily as textile handkerchiefs for
personal use in Class 24 or as pocket squares in Class 25. This wording is no
longer acceptable.
025 Pocket kerchiefs
10-13-2016 - Pocket kerchiefs
are classified in Class 25 because they are analogous to pocket squares, which
appears in the Nice Alphabetical List in Class 25. Pocket squares and pocket
kerchiefs are typically worn in the breast pocket or a suit jacket or blazer
and function as clothing. They are distinguishable from paper handkerchiefs
and textile handkerchiefs in Class 16 and Class 24, respectively, which are
for personal use, such as wiping the face, nose, or eyes.
025 Pocket squares
05-21-2015: A pocket square is a
handkerchief, often colored or figured, worn in the breast pocket of a suit or
blazer as a fashion accessory. On 10-13-2016, this 04-02-1991 entry was
modified by deleting “[clothing]” from the ID to make it consistent with the
Nice Alphabetical List term. Pocket squares are typically worn in the breast
pocket or a suit jacket or blazer and function as clothing, and (contrary to
the 05-21-2015 Note) they are distinguishable from handkerchiefs, which are
for personal use, such as wiping the face, nose, or eyes. Note that paper
handkerchiefs are classified in Class 16 and textile handkerchiefs are
classified in Class 24 per the Nice Alphabetical List.
009 Point-of-sale terminals for making contactless
payments
Point-of-sale terminals for making contactless payments
allow customers to submit payments by waving or holding a handheld device,
payment card, fob, or the like over readers on point of sale terminals.
028 Poker chips [gaming equipment]
On 9-13-2012, the
4-2-1991 entry “Gaming equipment, namely, poker chips” was amended to “Poker
chips [gaming equipment].”
009 Polarimeters
A polarimeter is an instrument for
measuring the amount of light received from a given source as a function of
its state of polarization.
045 Police and civil protection services
This entry
was transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Police protection
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
040 Polishing of gemstones
Gemstone polishing
involves the use of coarse or abrasive materials to grind or smooth gemstones,
such as diamonds.
035 Political action committee services, namely, promoting the
interests of {indicate specific group, e.g. farmers, auto workers} in the
field of politics
Due to the restructuring of Class 42, political
action committee (PAC) services could no longer be classified in that class.
Associations, unions, PAC's and interest groups promote 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.
035 Political consultancy
09-20-11 Services related
to politics are in Class 35 because the main purpose of political activity is
the promotion of the interests of a particular group. The service of
promoting the interests of a group is in Class 35. Additionally, political
elections, can be likened to conducting a public opinion poll (a Class 35
service) since the underlying activity is that of polling the voters to get
their opinions on who should hold a particular office.
035 Political party services, namely, promoting the interests
of a political organization
09-20-11 Services related to politics are
in Class 35 because the main purpose of political activity is the promotion of
the interests of a particular group. The service of promoting the interests
of a group is in Class 35 regardless of whether the group's interests are
commercial or non-commercial in nature.
022 Polyethylene bags
This entry was deleted because
it included bags that were classified in other classes, e.g., plastic bags for
packaging in Class 16.
003 Polymer sealant for cleaning, shining and protecting
automobile exterior surfaces
11-28-2013: Entry status changed from
“M” modified to “X” example.
017 Polypropylene resins in pellet form for use in further
manufacture
06-13-2013. Under the Nice Agreement, unprocessed
artificial resins are classified in Class 1, raw natural resins are classified
in Class 2, and semi-processed resins are classified in Class 17.
Identifications for resins in Class 17 that indicate the specific
semi-finished form(s) of the resins (e.g., pellets, bars, rods, sheets, tubes,
etc.) do not require additional wording to indicate that the goods are
“semi-processed.”
022 Polypropylene straps for securing bundles
On
09-13-12, the 04-02-1991 entry was modified by inserting “Polypropylene” to
make clear the justification for classifying these goods in Class 22. Straps
are generally classified according to the function or purpose of the goods.
However, straps for securing items and general purpose straps are classified
in Classes 6, 18, or 22 depending on the material composition of the goods.
Straps with functions that are not covered by the Class Headings are also
classified in Classes 6, 18, or 22 according to material composition.
022 Polypropylene straps for securing bales
On
09-13-12, the 07-10-2008 entry was modified by inserting “Polypropylene” to
make clear the justification for classifying these goods in Class 22. Straps
are generally classified according to the function or purpose of the goods.
However, straps for securing items and general purpose straps are classified
in Classes 6, 18, or 22 depending on the material composition of the goods.
Straps with functions that are not covered by the Class Headings are also
classified in Classes 6, 18, or 22 according to material composition.
001 Polyurethane adhesives for industrial purposes
On
01-01-2016, this 07-20-2004 entry was modified to add “for industrial
purposes” to make clear the purpose of the goods and the justification for
classification in Class 1. Adhesives for stationery or household purposes are
classified in Class 16. Certain specialized adhesives that are not used for
stationery or household purposes are classified in classes other than Class 1,
e.g., dental adhesives, in Class 5, and adhesives for cosmetic use, in Class
3. Please consult the Manual for examples of adhesives in other classes.
003 Pomades
On 6-23-2016, this 7-20-2004 entry was
deleted because it is overbroad under the Nice Classification, which includes
“Pomades for cosmetic purposes” in Class 3 and “Pomades for medical purposes”
in Class 5. The term “Pomades,” by itself, is no longer acceptable in Class
3.
003 Pomades for {indicate specific type, e.g., hair, lip,
etc.} for cosmetic purposes
11-28-2013: Entry status changed from “A”
added to “X” example. On 06-23-2016, this 04-02-1991 entry was modified by
inserting “for cosmetic purposes” consistent with the Nice Classification,
which includes “Pomades for cosmetic purposes” in Class 3 and “Pomades for
medical purposes” in Class 5. The term “Pomades,” by itself, is no longer an
acceptable ID in Class 3. The particular use or purpose of the pomades must
be indicated.
003 Pomades for cosmetic purposes
On 06-23-2016, the
status of this 12-24-2015 entry was changed from “X” to “A.”
005 Pomades for medical purposes
Pomades for medical
purposes are ointments or creams containing medicaments, usually used on the
hair.
007 Pond and water garden aeration systems comprising water
pumps, air compressors, air blowers and a finned wheel for pressurizing and
aerating ponds and aquariums
07-04-2013: Status changed from “A” -
Added to “X” - example.
030 Popcorn
Goods must be processed in some way to be
in Class 30. Unprocessed or raw popcorn kernels are in Class 31.
020 Porcelain doorknobs
1-24-2012 - Transferred this
entry of 7-20-2004 from Class 21 to Class 20 in accordance with the 10th
Edition of the Nice Agreement. Metal doorknobs are in Class 6, precious metal
doorknobs are in Class 14 and non-metal doorknobs are in Class 20.
020 Porcelain knobs
Knobs are classified according to
material composition as required by the Nice Agreement. Metal knobs are in
Class 6; plastic knobs in 20, ceramic knobs in 21, etc. 1-1-2012 -
Transferred this entry of 4-2-1991 from Class 21 to Class 20 in accordance
with the 10th Edition of the Nice Agreement. Metal knobs are in Class 6,
precious metal knobs are in Class 14 and non-metal knobs are in Class 20.
020 Porcelain or earthenware doorknobs
1-24-2012 -
Transferred this entry of 4-2-1991 from Class 21 to Class 20 in accordance
with the 10th Edition of the Nice Agreement. Metal doorknobs are in Class 6,
precious metal doorknobs are in Class 14 and non-metal doorknobs are in Class
20.
020 Porcelain pulls
Similar to knobs, pulls are
classified according to material composition as required by the Nice
Agreement. Common metal pulls are in Class 6, plastic pulls in 20, etc.
1-1-2012-- This entry of 9-30-2010 was transferred from Class 21 to Class 20
in accordance with the 10th Edition of the Nice Agreement. Because these goods
are similar to knobs, metal pulls are in Class 6, precious metal pulls are in
Class 14 and non-metal pulls are in Class 20.
020 Portable bath seat
Transferred from Class 11
since this is a moveable piece of furniture and not a fixture affixed to the
bath.
011 Portable battery-operated lights that can be placed on
surfaces where other light sources are unavailable
10-03-2013: Entry
status changed from “A”-Added to “X”-Example
011 Portable electric deicers for {specify use, e.g.,
preventing ice damage in waterways}
On 08-10-11 this 04-01-06 entry
was amended from “electric deicers” to clarify the nature of these Class 11
goods, and to distinguish them from vehicle-mounted deicers in Class 7 and
deicers that are structural parts of airplanes in Class 12.
020 Portable folding stadium seats
These goods are
portable seats used on existing seats, benches, or chairs for additional
support.
011 Portable foot baths for use in {specify use, e.g.,
showers, salons, spas, etc.}
Portable foot baths is an acceptable
identification in Class 11; further clarification of the purpose is
permissible, but not required.
028 Portable gaga pits
Gaga pits, also known as “gaga
ball pits,” are enclosures used to play gaga, a variant of dodgeball.
008 Portable hand-operated, battery-powered motorized golf
spike cleaner
On 2-10-11, the 6-28-2007 entry was amended to change
the words “hand-held” to “hand-operated.”
008 Portable hand-operated, battery-powered facial cleansing
device
On 2-10-11, the 1-28-2010 entry was amended to change the
words “hand-held” to hand-operated.”
011 Portable male urine collection device comprised of
{indicate primary component, e.g., plastic bag, disposable pouch made from
synthetic materials, etc.}
These goods are in Class 11 because they
are sanitary apparatuses comparable to urinals.
006 Portable metal free-standing barriers
1-1-13:
These goods are classified in Classes 6 and 19 as metal and non-metal portable
structures, respectively. Freestanding partitions and display units, on the
other hand, are classified in Class 20, as furniture (notwithstanding the
material composition of the goods).
006 Portable metal levees
Portable levees are
temporary structures for confining flow of a waterway and preventing flooding.
These goods are classified as building materials in Classes 6 and 19 depending
on the material composition of the levees.
019 Portable non-metal free-standing barriers
1-1-13:
These goods are classified in Classes 6 and 19 as metal and non-metal portable
structures, respectively. Freestanding partitions and display units, on the
other hand, are classified in Class 20, as furniture (notwithstanding the
material composition of the goods).
019 Portable non-metal levees
Portable levees are
temporary structures for confining flow of a waterway and preventing flooding.
These goods are classified as building materials in Classes 6 and 19 depending
on the material composition of the levees.
021 Portable plastic containers for storing household and
kitchen goods
09-26-2013: Entry status changed from “A” added to “X”
example.
019 Portable stages composed of primarily non-metal
materials
On 8-15-2013, the 6-1-2004 entry “portable stages” was
amended to add the wording “composed of primarily non-metal materials” because
portable stages are generally classified by material composition. Portable
stages composed of primarily metal materials are classified in Class 6.
041 Portrait painting services
02-11-2016: These
services are classified in Class 41 because they involve the presentation of
works of visual art to the public to entertain or engage the attention of
people, or for cultural or educational purposes, pursuant to the Class 41
Explanatory Note. Painting services in Class 37, on the other hand, encompass
property maintenance-type activities.
041 Portrait photography
These services were
transferred to Class 41 from Class 42 due to the restructuring 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 transferred to Class
41 as a result of the restructuring.
040 Portrait printing
These services were transferred
to Class 40 due to the restructuring of Class 42 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.
016 Postage meters for office use
1-1-2012 This entry
of 9-4-2001 has been reclassified from Class 9 to Class 16 and has been
amended from “postage meters” to “postage meters for office use” pursuant to
the 10th Edition of the Nice Agreement.
009 Postage stamp meters
1-1-2012 This entry of
11-8-2007 has been deleted pursuant to the 10th Edition of the Nice Agreement
and has been replaced with the entry “postage meters for office use” in Class
16.
010 Posture correction device, namely, an adjustable harness
to correct one's posture for medical purposes
2-4-10 - The 6-1-04
entry was specified to indicate that the goods are “for medical purposes.”
There are posture correction devices that are for other purposes - like sports
- that would be in Class 28.
010 Post-pregnancy abdominal support and compression
undergarments, girdles and underwear for medical purposes
On
3-7-2013, this 3-12-2009 entry of “undergarments and girdles providing
compression used for post-pregnancy abdominal support and compression” was
amended to the above to make clear that the goods are for medical
purposes.
041 Post-production editing of {indicate entertainment-related
subject, e.g., music, motion pictures, etc., but do not indicate advertising
or commercials}
Post-production editing of advertising or commercials
is classified in Class 35.
021 Pot stands
As of 08-16-12, this is no longer a
trilateral entry but it is still acceptable in the USPTO.
029 Potato dumplings
11-28-2013 Potato dumplings
consist primarily of potatoes. Please note that flour-based dumplings are
classified in Class 30.
030 Potato rolls [bread]
These goods are bread rolls
which include potato as an ingredient.
029 Potato-based gnocchi
Gnocchi can be made
primarily from flour or primarily from potatoes - the primary ingredient will
affect the classification and should be reflected in the ID.
021 Potholders
On 01-01-2015, this 04-02-1991 entry
was transferred from Class 24 to Class 21 in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. The entry
was also amended from “Pot holders“ to “Potholders“ for consistency with the
spelling used in the Alphabetical List.
021 Potpourri dishes made in whole or in part of precious
metal
This entry was transferred from Class 14 to Class 21 pursuant
to the 9th edition of the Nice Agreement.
001 Potting compost
This is a fertilizing growth
medium. Note that non-fertilizing growth media, such as mulch, peat moss and
top soil, are in Class 31.
001 Potting soil
This is a fertilizing growth medium.
Note that non-fertilizing growth media, such as mulch, peat moss and top soil,
are in Class 31.
020 Pouf ottomans
On 01-14-2016, the 06-04-09 entry
was changed from “Furniture, namely, poufs” to “Pouf ottomans” to make clear
the nature of the goods and justify the classification in Class 20. The
wording “Furniture, namely, poufs” is still acceptable, however.
024 Pouf valances comprised of fabric
On 01-14-2016,
the 01-01-1995 entry was changed from “Poufs [window treatments]” to “Pouf
valances comprised of fabric” to make clear the nature of the goods without
bracketed wording and justify the classification in Class 24. The wording
“Poufs” is no longer acceptable in Class 24.
021 Powder compacts [sold empty]
If sold filled with
make-up powder, these goods would be in Class 3.
021 Powder compacts of precious metal [sold empty]
This entry was transferred from Class 14 to Class 21 pursuant to the 9th
edition of the Nice Agreement. Note - these are sold unfilled with cosmetics.
If sold filled with make-up powder, these goods would be in Class 3.
021 Powder compacts sold empty
If sold filled with
make-up powder, these goods would be in Class 3.
005 Powdered fruit-flavored dietary supplement drink mix
08-01-2013: Acceptable entry status changed from “A” added to “X”
example.
005 Powdered nutritional supplement drink mix containing
{specify ingredient, e.g., protein, vitamin C, etc.}
Powdered
nutritional supplement drink mix is acceptable wording. However,
specification of the primary drink mix ingredients may be required during
examination of marks that refer to ingredients. See TMEP §1203.02(f)(i) for
further information.
002 Powders of precious metals for use in painting,
decorating, printing and art
On 01-01-2016, this 02-26-2009 entry was
modified to replace “for use by painters, decorators, printers and artists”
with “for use in painting, decorating, printing and art” to align the
description with the Nice Classification, Tenth edition, version 2016.
009 Power controllers for {indicate, e.g., fuel dispensers,
etc.}
Power controllers is an acceptable identification; further
specification is acceptable, but it is not required.
007 Power drill bits
Bits for hand drills are in
Class 8
009 Power supplies for {indicate type of goods, e.g., plasma
cutting machines, public address systems, etc.}
Power supplies is
acceptable wording; further specification is acceptable, but is not
required.
021 Power-operated atomizers for household use
Atomizers for household use, both power-operated and hand-operated, are
classified as household apparatus and utensils in Class 21. Atomizers for
industrial use may be classified as machines in Class 7 or hand-operated
implements in Class 8, depending on whether they are power-operated or
hand-operated.
007 Power-operated atomizers for industrial or commercial
use
Hand-operated atomizers for industrial use are classified as
hand-operated implements in Class 8, and atomizers for household use, both
power-operated and hand-operated, are classified as household apparatus and
utensils in Class 21.
007 Power-operated basket presses
Basket presses are
used in the wine industry for crushing grapes to release the juices for wine
making. Manually-operated basket presses are in Class 8.
007 Power-operated jig saws
9-16-10 Power-operated
was added to the id to differentiate it from hand-operated jig saws in Class
8.
007 Power-operated lawn aerators being machines
On
01-01-2014, this 06-01-2001 entry “Power-operated lawn aerators” was modified
to “Power-operated lawn aerators being machines,” pursuant to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
007 Power-operated life-saving safety mechanism, namely, a
controlled descent device comprised of several descent slowing mechanisms
allowing for the regulated descent at a fixed and safe speed, a harness
attached at either end of a steel fiber cable, and an assortment of
accessories attached thereto
“Power-operated” added to the
identification to clarify the classification in Class 7 as machinery rather
than in Class 9.
007 Power-operated lifting and moving equipment, namely, pipe
layers, fork lifts, telehandlers, and lifts
This does not include
fork lift trucks. Fork lift trucks are in Class 12.
007 Power-operated ski sharpening machines
Sharpening
machines are in the Nice Alphabetical List in Class 7.
011 Power-operated vaporizers for household purposes
Power-operated vaporizers for industrial or commercial use and for household
use are classified as steam-generating apparatus in Class 11; hand-operated
vaporizers for industrial or commercial use are classified as hand-operated
implements in Class 8, and hand-operated vaporizers for household use are
classified as household apparatus in Class 21. 01-29-2015: On 01-29-2015, the
04-12-2012 entry was amended to replace “use” with “purposes” for clarity.
Oral vaporizers for smoking purposes are classified in Class 34 under Nice
10-2015.
011 Power-operated vaporizers for industrial or commercial
purposes
Power-operated vaporizers for industrial or commercial use
and for household use are classified as steam-generating apparatus in Class
11; hand-operated vaporizers may be classified as hand-operated implements in
Class 8 or as household apparatus in Class 21, depending on whether they are
for industrial or commercial use or for household use. 01-29-2015: On
01-29-2015, the 04-12-2012 entry was amended to replace the word “use” with
“purposes” for clarity. Oral vaporizers for smoking purposes are classified
in Class 34 under Nice 10-2015.
025 Pram suits
05-21-2015: A pram suit is a one-piece
garment for infants, designed as cold-weather outerwear, and typically
enclosing the entire body except for the face.
029 Prawns, not live [for human consumption]
On
1-31-2013, the 3-15-1993 entry “Prawns [not live; for human consumption]” was
modified to incorporate the bracketed wording “not live” into the
identification. Live prawns are classified in Class 31.
016 Prayer beads
Prayer beads are a string of beads
used by various faiths to assist in prayer. They are classified in Class 16
because the beads are not used for personal adornment and are also comparable
to rosaries, which are in the Nice Alphabetical List in Class 16. Prayer beads
is acceptable wording; further specification is acceptable but is not
required.
016 Prayer beads, namely, {insert specific type, e.g., mala
beads, rosaries, misbahas, etc.}
Prayer beads are a string of beads
used by various faiths to assist in prayer. They are classified in Class 16
because the beads are not used for personal adornment and are also comparable
to rosaries, which are in the Nice Alphabetical List in Class 16. Prayer beads
is acceptable wording; further specification is acceptable but is not
required.
009 Prayer wheels containing pre-recorded DVDs
featuring prayers
Similar to mezuzahs in Class 16, because these
goods are specially adapted to hold pre-recorded DVDs, the prayer wheels are
in Class 9 regardless of material composition
002 Precious metal foil for use in painting, decorating,
printing and art
On 01-01-2016, this 02-26-2009 entry was modified to
replace “for painters, decorators, printers and artists” with “for use in
painting, decorating, printing and art” to align the description with the Nice
Classification, Tenth edition, version 2016.
014 Precious metal knobs
Knobs are classified
according to material composition as required by the Nice Agreement. Metal
knobs are in Class 6, plastic knobs in 20, porcelain knobs in 21.
014 Precious metal pulls
Similar to knobs, pulls are
classified according to material composition as required by the Nice
Agreement. Common metal pulls are in Class 6, plastic pulls in 20, porcelain
pulls in 21, etc.
014 Precious metals and their alloys, namely, {indicate
specific metals, e.g., gold, silver}
The inclusion of the words “sold
in bulk” were deleted from this identification.
002 Precious metals in foil or powder form for use in
painting, decorating, printing and art
On 01-01-2016, this 07-20-2004
entry was modified to replace “for painters, decorators, printers and artists”
with “for use in painting, decorating, printing and art” to align the
description with the Nice Classification, Tenth edition, version 2016.
019 Prefabricated non-metal houses
On 12-13-2012,
this 12-30-2010 entry was amended from “Prefabricated houses” to
“Prefabricated non-metal houses”
001 Premixed adhesive foam cements for industrial purposes
On 01-01-2016, this 06-01-2001 entry was modified to add “for industrial
purposes” to make clear the purpose of the goods and the justification for
classification in Class 1. Certain specialized adhesives are classified in
classes other than Class 1 based on their specific use, e.g., dental
adhesives, in Class 5, and adhesives for cosmetic use, in Class 3. Please
consult the Manual for examples of adhesives in other classes.
045 Preparation of customized gift baskets with selected items
regarding a particular occasion or theme
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
045 Preparation of customized gift sets
11-17-2011:
While this wording is still acceptable, the 11-12-2009 entry is being deleted
because the classification principle is already covered by existing Manual
entries “Preparation of customized gift baskets” and “Preparation of
customized gift boxes” in Class 45. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Preparation of reports relating to finance and investments
[for business or commercial purposes]
On 01-09-2014, the 05-20-2010
entry was amended to add the bracketed wording in order to clarify the nature
of the services. Preparing business and financial reports for others is
classified in Class 35 because the services involve the compilation of data
for business or commercial purposes.
032 Preparations for making beverages, namely, {indicate
specific type of beverage, e.g., fruit drinks}
Note: Beverages made
with these preparations must be beverages that are in Class 32, e.g., fruit
drinks.
029 Preparations for making soup
10-24-2013: Status
of entry changed from “A”-Added to “X”-Example.
005 Preparations for protecting plants against pathogens
On 06-07-2012, the 07-20-2004 entry was deleted because it is
misclassified. Chemical preparations for killing pests are in Class 5, while
chemical preparations for preventing pests are in Class 1. This entry is being
replaced by a new entry “Chemical preparations for preventing pathogenic
infections in plants” in Class 1.
005 Preparations for repelling {indicate specific type, e.g.,
insects, birds, dogs}
1-14-10 - The 4-2-91 entry was changed from
“repellents” to “preparations for repelling” to make it clear that these goods
are preparations and not apparatus. The distinction is particularly important
concerning birds since there are bird repellents in the form of spike or other
hard objects that would not be in Class 5 but could be included in the meaning
of “repellent.”
005 Preparations for repelling birds
1-14-10 - The
4-2-91 entry was changed from “bird repellents” to “preparations for repelling
birds” to make it clear that these goods are preparations and not apparatus.
The distinction is important because there are bird repellents in the form of
spike or other hard objects that would not be in Class 5 but could be included
in the meaning of “repellent.”
003 Preparations to make the leaves of plants shiny
On 09-26-2013, this 01-01-2007 entry was deleted because it is overbroad and
may include chemical preparations in Class 1 and oils and greases in Class 4.
Therefore, it is not suitable for the Manual.
029 Prepared and prepackaged meals and entrees consisting
primarily of egg with one or more of meat, fish, poultry, vegetable, cheese or
onion
2-3-11 The term “entries” was amended to the correct spelling
“entrees.”
033 Prepared cocktails consisting primarily of distilled
spirits and also including beer
08-01-2013: Acceptable entry status
changed from “A” added to “X” example.
029 Prepared food kits composed of meat, poultry, fish,
seafood, and/or vegetables and also including sauces or seasonings, ready for
cooking and assembly as a meal
07-04-2013: Status changed from “A” -
Added to “X” - example.
029 Prepared nuts flavored with {specify, e.g., cocoa, sugar,
cinnamon, etc.}
Flavored nuts is acceptable wording; further
specification is acceptable, but is not required.
029 Prepared rootstocks
Rootstocks are similar to
root vegetables.
029 Prepared snails [escargot]
On 5-9-2013, the
4-2-1991 entry “Snails [escargot]” was amended to add the wording “Prepared”
in order to clarify that the snails are not live. Please note that live snails
are classified in Class 31 and snails which are not live are classified in
Class 29.
035 Preparing advertisements for others, namely, preparing
video advertising and promotional videos for commercial use via the internet
and television, digital cable and video-on-demand or download
On
05-26-2011, this 06-10-2010 entry was deleted because it is covered by an
existing Manual entry, “Preparing advertisements for others.” On 08-01-2013,
the status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
045 Preparing and filing incorporation papers
Transferred from Class 42 pursuant to changes in 9th edition of the Nice
Agreement.
045 Preparing and organizing loan closing documents
Transferred from Class 42 pursuant to changes in the 9th edition of the Nice
Agreement.
035 Preparing and placing outdoor advertisements for
others
On 05-26-2011, this 06-01-2001 entry was deleted because it is
covered by an existing Manual entry, “Preparing and placing advertisements for
others.” On 08-01-2013, the status of this acceptable entry was changed from
“D”-Deleted to “X”-Example.
045 Preparing environmental compliance reports
5/5/08
- Service was transferred from Class 42 since a compliance report would
indicate compliance with laws and regulations and is, therefore, a legal
service in Class 45. 11-17-2011: Deleted the 05-15-2008 entry to address the
appearance that it is inconsistent with “Preparation of business reports” and
“Preparing financial reports for others” in Class 35, and replaced it with
“Reviewing environmental data, analyzing the data in connection with
environmental laws and regulations, and preparing environmental compliance
reports” in Class 45 and a Manual Note.
035 Preparing financial reports for others [for business or
commercial purposes]
On 01-09-2014, the 08-03-2006 entry was amended
to add the bracketed wording in order to clarify the nature of the services.
Preparing business and financial reports for others is classified in Class 35
because the services involve the compilation of data for business or
commercial purposes.
041 Preparing, administering, and scoring academic
standardized tests
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 and other scholarly or academic testing services
were transferred to Class 41 as a result of the restructuring.
005 Prescription synthetic narcotics
12/23/10 - The
word “prescription” was added to the 7/20/04 entry - the prior entry,
synthetic narcotics, could include illegal “street” narcotics which cannot be
the subject of a trademark application in the USPTO.
020 Presentation boards
11-5-09 - the 4-2-91 entry
was transferred from Class 16. This item is analogous to display boards and
bulletin boards that are currently in Class 20 in the Manual.
014 Presentation boxes for watches
On 01-01-2016,
this 07-20-2004 entry was modified from “Watch boxes” to “Presentation boxes
for watches” to align the description with the Alphabetical List entry under
the Nice Classification, Tenth edition, version 2016.
014 Presentation boxes for {specify type, e.g., diamond,
amethyst, etc.} gemstones
Presentation boxes for gemstones is
acceptable wording; further clarification is acceptable, but it is not
required.
035 Presentation of goods on communication media for retail
purposes
This is similar to the television home shopping services. On
11-3-2011, this 1-1-2007 entry was deleted because it is covered by the new
entry for “Providing television home shopping services in the field of general
consumer merchandise”
041 Presentation of musical performances
On
04-02-2015, the 07-20-2004 entry, “Presentation of musical performance” was
amended to “Presentation of musical performances” to match the TM5 approved
entry. This is the production of musical performances, not the live
performances themselves.
001 Preservatives for use in the pharmaceutical industry
On 01-01-2016, this 11-08-2007 entry was modified from “Preservatives for
pharmaceutical preparations” to the current entry to align the description
with the Nice Classification, Tenth edition, version 2016.
009 Pressure relief valves for {indicate use}
Note
that manually operated metal valves are in Class 6; valves being machine parts
and engine valves for vehicles and machinery are in Class 7; valves for
plumbing 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.
007 Pressure switches and sensors for monitoring, controlling,
and switching hydraulic or pneumatic systems being sold as a unit with
manufacturing machines
07-04-2013: Status changed from “A” - Added to
“X” - example.
007 Pressure switches and sensors for monitoring, controlling,
and switching hydraulic or pneumatic systems sold as an integral component of
injection molding machines
07-04-2013: Status changed from “A” -
Added to “X” - example.
007 Pressure transducers and transmitters that convert
hydraulic or pneumatic pressure into analog electrical signals for monitoring
and controlling hydraulic or pneumatic systems sold as an integral component
of injection molding machines
07-04-2013: Status changed from “A” -
Added to “X” - example.
007 Pressure transducers and transmitters that convert
hydraulic or pneumatic pressure into analog electrical signals for monitoring
and controlling hydraulic or pneumatic systems sold as a unit with
manufacturing machines
07-04-2013: Status changed from “A” - Added to
“X” - example.
045 Pre-employment background screening
This entry
was transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Pre-employment background investigation services
This entry was transferred from Class 42 to Class 45 due to the restructuring
of 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 of
persons or entities. Hence, a pre-employment background investigation is in
class 45 because such investigations are done to ensure the safety of current
employees 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 purpose than
ensuring safety i.e. a business investigation, looking at the processes of
business (class 35) or a financial investigation that determines the financial
soundness of a company (class 36), or a scientific investigation (class
42).
019 Pre-fabricated greenhouses not of metal
1-28-10 -
“not of metal” was added to the 4-2-91 entry to make the distinction between
the Class 6 metal entry and the Class 19 non-metal entry clear.
019 Pre-fabricated non-metal pigsties
On 12-13-2012,
this 4-2-1991 entry was modified from “Pre-fabricated pigsties” to
“Pre-fabricated non-metal pigsties”
019 Pre-fabricated non-metal pig houses
On
12-13-2012, this 4-2-1991 entry was amended from “Pre-fabricated pig houses”
to above entry.
019 Pre-fabricated non-metal chicken houses
On
12-13-2012, this 4-2-1991 entry was amended from “Pre-fabricated chicken
houses” to above entry.
019 Pre-fabricated non-metal houses for {indicate type of
animal, e.g., chickens, dogs, pigs}
On 12-13-2012, this 4-2-1991
entry was amended from “Pre-fabricated houses for {indicate type of animal,
“e.g., chicken, dog, pig} to above entry.
019 Pre-fabricated non-metal poultry houses
On
12-13-2012, this 4-2-1991 entry was amended from “Pre-fabricated poultry
houses” to above entry.
019 Pre-fabricated non-metal homes
On 12-13-2012,
this 4-2-1991 entry was amended from Pre-fabricated homes to above entry.
019 Pre-fabricated non-metal dog houses
On
12-13-2012, this 4-2-1991 entry was amended from “pre-fabricated dog houses”
to above entry.
019 Pre-fabricated non-metal silos
On 12-13-2012,
this 4-2-1991 entry was amended from “Pre-fabricated silos” to above
entry.
005 Pre-moistened medicated tissues
On 02-16-2012,
this 04-02-1991 entry was deleted; while this wording is still acceptable, it
is already covered by the existing entry “Medicated pre-moistened tissues” in
Class 5. 09-19-2013: Acceptable entry status changed from “D” deleted to “X”
example.
021 Pre-moistened towelettes for cleaning
These are
not pre-moistened with a cleaning agent - just moistened with water or some
other inert substance. Pre-moistened towelettes impregnated with a cleaning
agent are in Class 3.
021 Pre-moistened towelettes [for household cleaning]
These are not pre-moistened with a cleaning agent - just moistened with water
or some other inert substance. Pre-moistened towelettes impregnated with a
cleaning agent are in Class 3.
006 Pre-packaged kits containing metal hardware in the nature
of suspension clamps, yoke plates and connecting links and electrical
protection devices in the nature of insulators, corona rings, armor-rods and
surge arresters, all of which attach or connect transmission conductors to
high voltage electric transmission towers
07-04-2013: Status changed
from “A” - Added to “X” - example.
009 Pre-packaged kits containing electrical protection devices
in the nature of insulators, corona rings, armor-rods and surge arresters and
metal hardware in the nature of suspension clamps, yoke plates, all of which
attach or connect transmission conductors to high voltage electric
transmission towers
07-04-2013: Status changed from “A” - Added to
“X” - example.
030 Pre-processed mixes for making non-dairy frozen
confections
08-01-2013: Acceptable entry status changed from “A”
added to “X” example.
009 Pre-recorded digital media featuring {indicate subject
matter}
On 10-16-2014, this 08-30-2007 entry was deleted because the
form of the digital media must be indicated, e.g., digital media devices
featuring {indicate subject matter} [excluding gaming apparatus].
009 Pre-recorded electronic and digital media featuring
{indicate subject matter}
On 10-09-2014, this 11-13-2008 entry was
deleted because the form of the electronic media and digital media must be
indicated, e.g., electronic media devices or digital media devices.
009 Pre-recorded electronic media devices featuring {indicate
subject matter} [excluding gaming apparatus]
On 10-09-2014, this
02-22-2007 entry was amended to clarify that the pre-recorded electronic media
are in the nature of devices.
003 Pre-shave creams
These refer to non-medicated
creams. Medicated creams are in Class 5.
003 Pre-shaving preparations
These refer to
non-medicated preparations. Medicated preparations are in Class 5.
035 Price comparing services
09-29-2011: Deleted the
01-01-2007 entry because it is covered by the existing entry “Price comparison
services” in Class 35. On 08-01-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
035 Price comparison rating of accommodations
This
entry was transferred from Class 42 to Class 35 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement. 6/5/08
- ID modified to add “price comparison” to make it clear that this rating was
for making purchasing decisions and not the quality of the amenities of the
accommodations.
002 Primer
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
016 Print engravings
06-12-2008 - Modified to add the
word “print.” These are engravings on paper substrates. Engravings on other
compositions are in the class of those compositions - like statuary, e.g.,
stone engravings are in 19; plastic or wood in 20, glass in 21, etc.
009 Print heads for document printers and plotters
On
01-01-2016, this 06-03-2010 entry was modified to add “document” in order to
clarify the nature of the goods.
016 Printed advertising boards of paper or cardboard
10/23/08 - “Printed” added to ID to clarify the goods in Class 16. An
advertising board that is not printed could be in Class 20 by analogy with
bulletin boards in Class 20. While this wording is still acceptable, on
02-09-2012, this 10-23-2008 entry was deleted from the Manual and replaced
with two new entries, “Printed advertising boards of paper” and “Printed
advertising boards of cardboard” in Class 16.
016 Printed certificates for use as awards
On
09-25-2014, this 06-01-2001 entry was changed from “Printed award
certificates” to “Printed certificates for use as awards.” The term “awards”
is indefinite and overbroad, and the nature of the awards must be indicated
for both likelihood of confusion and classification purposes. In this case,
the awards are in the nature of printed certificates, and “printed matter”
appears in the Class 16 Heading. Therefore, “Printed certificates for use as
awards” are in Class 16 based on the nature of the goods. The purpose of the
printed certificates, “for use as awards,” does not determine classification
of the goods.
016 Printed charts [for displaying data]
06-17-10
Inserted the wording “[for displaying data]” to clarify the nature and purpose
of the goods.
016 Printed diplomas for use as novelty awards
Printed novelty awards is acceptable wording; further specification is
acceptable, but it is not required.
016 Printed invitations made of {specify material composition,
e.g., paper, glass, acrylic, etc.}
Printed invitations is an
acceptable entry; it is permissible to indicate the material composition, but
not required.
016 Printed invitations for {specify, e.g., weddings, birthday
parties, etc.}
Printed invitations is acceptable wording; further
specification is acceptable, but it is not required.
016 Printed lottery tickets [other than toys]
Printed
lottery tickets are in Class 28 whether considered toys or not - they are a
means for playing a game.
016 Printed materials, namely, novels and series of fiction
books and short stories featuring scenes and characters based on video
games
09-05-2013: Status of entry changed from “A”-Added to
“X”-Example.
016 Printed materials, namely, press releases featuring
{indicate subject matter}
On 12-14-11 this 06-01-01 entry was deleted
because press releases are not goods in trade
016 Printed matter, namely, paper signs, books, manuals,
curricula, newsletters, informational cards and brochures in the field of
{indicate subject matter}
11-28-2013: Entry status changed from “A”
added to “X” example. Individual items identified in current entry exist as
separate entries. Singular term “curriculum” modified to plural “curricula” to
agree with remaining items.
016 Printed novels in the field of {indicate subject
matter}
Novels is acceptable wording; further specification is
acceptable, but it is not required.
016 Printed novelty awards featuring {specify primary features
of the novelty awards, e.g., degree titles, cartoons, etc.}
Printed
novelty awards is acceptable wording; further specification is acceptable, but
it is not required.
016 Printed pamphlets, brochures, manuals, books, booklets,
leaflets, informational flyers, informational sheets and newsletters, adhesive
backed stickers, and kits comprised solely of one or more of the foregoing
materials in the field of {indicate field or subject matter, e.g. pregnancy,
bullying prevention, bicycle safety, etc.}
07-04-2013: This entry of
11-25-2010 was modified to include the term “information” before “flyers” and
to change the status from “A” to “X” as an example entry. On 03-20-2014, the
entry was modified to amend “comprising one or more” to “comprised solely of
one or more” in order to clarify that the kits must be comprised only of one
or more of the foregoing printed items. For information on identifying and
classifying kits, see TMEP §1401.05(a).
016 Printed paper signs featuring {specify subject matter,
e.g., table numbers, names, etc.} for use in {specify use, e.g., special
events, weddings, etc.}
Printed paper signs is an acceptable
identification; it is permissible to further specify the subject matter or
use, but it is not required.
016 Printed patterns
On 01-01-2015, this 04-02-1991
entry for “printed patterns” was deleted as indefinite in compliance with the
Nice Classification, Tenth edition, version 2015, effective 01-01-2015.
016 Printed patterns for making clothes
On
01-01-2015, this 04-02-1991 entry for “patterns for making clothes” was
amended to the current entry to make clear the rationale for classification in
Class 16, and in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015.
016 Printed patterns for dressmaking
On 01-01-2015,
this 11-15-2007 entry for “patterns for dressmaking” was amended to the
current entry to make clear the rationale for classification in Class 16, and
in compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
016 Printed patterns for {indicate type, e.g., dresses,
knitting}
On 01-01-2015, this 10-01-1994 entry for “patterns for
{indicate type, e.g., dresses, knitting}” was amended to the current entry to
make clear the rationale for classification in Class 16, and in compliance
with the Nice Classification, Tenth edition, version 2015, effective
01-01-2015. On 10-20-2016, this 01-01-2015 entry was deleted because the
fill-in-the-blank portion of the ID was causing confusion.
016 Printed periodicals in the field of music
Wrong
class entered in 6-28-07 update.
016 Printed periodicals in the field of plays
Wrong
class entered in 6-28-07 update.
016 Printed periodicals in the field of tourism
Wrong
class entered in 6-28-07 update.
016 Printed periodicals in the field of dance
Wrong
class entered in 6-28-07 update.
016 Printed periodicals in the field of figurative arts
Wrong class entered in 6-28-07 update.
016 Printed periodicals in the field of movies
Wrong
class entered in 6-28-07 update.
016 Printed periodicals in the field of {indicate subject
matter}
“Printed” added to language of ID.
020 Printed plastic labels for use in identifying and marking
the contents of pipes
These plastic labels (also known more
generally as pipe markers) are affixed to or around pipes conducting liquids
or gases, or conduits for cabling to identify the contents and/or direction of
flow.
016 Printed publications, namely, brochures, booklets, and
teaching materials in the field of {indicate subject matter or field of
printed publications and teaching materials}
06-05-2014: The original
entry of 07-27-2006 was modified to add the word “Printed” to the description
to clarify the nature of the materials in Class 16.
016 Printed sewing patterns
“Sewing patterns” was
added to Class 16 of the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015.
016 Printed stereograms
Stereograms are 3D images
hidden within another picture.
016 Printed stories in illustrated form
7-8-10 Added
“printed” to justify Class 16.
016 Printed visuals in the nature of {indicate nature of
visuals, e.g., information graphics, promotional materials}
On
8-16-2012, this 8-1-2004 entry was deleted because it caused confusion and
applicants mistakenly indicated goods not in trade.
040 Printing
These services were transferred to Class
40 due to the restructuring of Class 42 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.
009 Printing fonts that can be downloaded provided by means of
electronic transmission
Language clarified and entry properly
reclassified in Class 9 with other downloadable electronic products.
040 Printing of patterns on textiles
02-11-2016:
Pattern printing is in the Nice Alphabetical List in Class 40. Pattern
printing is acceptable wording; further specification is also acceptable, but
it is not required.
016 Printing type
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
045 Private investigation
This entry was transferred
from Class 42 to Class 45 due to the restructuring of 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 of persons or
entities. Hence, a pre-employment background investigation is in class 45
because such investigations are done to ensure the safety of current employees
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 purpose than ensuring safety
i.e. a business investigation, looking at the processes of business (class 35)
or a financial investigation that determines the financial soundness of a
company (class 36), or a scientific investigation (class 42).
045 Pro bono legal services for {specify individual or group,
e.g., needy individuals, non-profit organizations, veterans, etc.}
Pro bono legal services is acceptable wording in Class 45; further
specification as to the individual or group to whom the services are provided
is acceptable, but it is not required.
030 Processed bran
8/14/08 - “processed” added to
“bran” entry to make it clear that this item is in Class 30.
030 Processed corn
Corn is a grain and all processed
grains and grain products are classified in Class 30.
005 Processed food adapted for medical purposes
1-24-2012 This entry of 11-01-2004 was deleted because it is no longer
acceptable under the Tenth Edition of the Nice Agreement, which requires
either specification that dietetic substances in Class 5 are adapted for
medical use or other wording to make clear that the substance is for the
treatment of a medical condition. The nature of the food or beverage (e.g.,
bread, tea, etc.) must also be specified in the identification.
029 Processed fruits, namely, {specify, e.g., frozen
blueberries, fried bananas, etc.}
Processed fruits is acceptable
wording in Class 29; further specification of the type of fruit and nature of
processing is acceptable, but it is not required.
030 Processed ginseng used as an herb, spice or flavoring for
food or beverages
On 01-01-2015, this 04-12-1999 entry was amended to
add the wording “for food or beverages” in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015.
030 Processed grains, namely, {indicate specific type, e.g.,
barley, sorghum, millet, etc.}
On 04-16-2015, this 04-02-1991 entry
was amended from “Processed grains, namely, {indicate specific type}” to
“Processed grains, namely, {indicate specific type, e.g., barley, sorghum,
millet, etc.},” for clarity. “Processed grains” is acceptable wording;
further specification is acceptable, but it is not required.
030 Processed herbs, namely, {indicate specific type}
“Processed herbs” is acceptable wording in Class 30; further specification of
the particular type of processed herb is acceptable, but it is not required.
Identification of the specific type of herb may be required during examination
of marks that feature such terminology. See TMEP §1203.02(f)(i) for further
information.
029 Processed laver
Laver is a type of seaweed.
029 Processed pulses
On 5-9-2013, the term
“processed” was added to 7-27-2006 entry “pulses.” Raw pulses are in Class 31
so this entry needed the indication that that the pulses, which are edible
seeds of certain pod-bearing plants, were processed to justify Class 29.
030 Processed teff
Teff is an annual cereal grass
that is grown for its small grain, which yields a white flour, and as a forage
and hay crop.
029 Processed vegetables, namely, {specify, e.g., frozen peas,
pre-sliced carrots, etc.}
Processed vegetables is acceptable wording
in Class 29; further specification of the type of vegetable and nature of
processing is acceptable, but it is not required.
036 Processing of contactless credit and debit card
payments
Contactless credit and debit card payments are made by
waving or holding credit or debit cards over readers on point of sale
terminals. The processing of credit card and debit card payments is
classified in Class 36 as a financial service.
036 Processing of credit card payments via near field
communication (NFC) technology-enabled devices
Processing of credit
card payments is acceptable wording; further specification is acceptable, but
it is not required. Near field communication (NFC) is a type of technology
that enables short-range communication between electronic devices.
036 Processing, administering and managing employee benefit
plans concerning insurance and finance
4/16/09 - The 7-19-07 entry
was modified to add “concerning insurance and finance” in order to avoid
confusion with administration of other benefit plans like fitness club
memberships the administration of which would be in 35.
004 Producer gas
Producer gas is a fuel gas and
appears in the Nice Alphabetical List in Class 4.
042 Product development
Product development in Class
42 is in the field of a tangible good - similar to an engineering or design
service.
042 Product development consultation
Product
development in Class 42 is in the field of a tangible good - similar to an
engineering or design service.
042 Product development consulting in the field of {indicate
subject matter or field of use}
On 5-5-2011, this 11-26-2009 ID was
amended from “Consulting in the field of product development in the field of
{indicate subject matter or field(s)} to “Product development consulting in
the field of {indicate subject matter or field of use}” for clarity
042 Product development for others
Product
development in Class 42 is in the field of a tangible good - similar to an
engineering or design service.
035 Product merchandising for others
On 08-06-2015,
this 04-02-1991 entry was amended from “Product merchandising” to “Product
merchandising for others” to make clear that these services are primarily for
the benefit of someone other than the applicant; it does not cover the sale of
applicant’s own goods or applicant’s own goods that are given away for
promotional purposes. See TMEP Section 1301.01(a)(ii).
041 Production and distribution of radio programs
This service involves the actual creation of the radio program and the
accompanying activity of distributing it to radio stations for dissemination
to the public. This is not the case when distribution relates to videotapes,
audio 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
distribution of any other kind of hard goods by any other manufacturer. For
this reason, distribution of videotapes, audio tapes, video disks, etc. should
not be accepted as a service even when the distribution is linked to the
production of these goods. The production of the entertainment product 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 Production and distribution of videos in the field of
{specify subject matter, e.g., education, fashion, etc.}
This service
involves the actual creation of the videos and the accompanying activity of
distributing them to movie theatres and television stations for display to the
public with the video itself being returned to the producer of the
entertainment product after such display. This is different from the
distribution of videotapes or other hard goods that results from the
production of visual entertainment. Distribution of the hard goods may refer
to retailing activities in Class 35 or transport and delivery in Class 39
041 Production and distribution of monoscopic and
stereoscopic, electronic, digital video and film
6-11-09 This service
involves the actual creation of the videos and films and the accompanying
activity of distributing it to movie theatres for display to the public. This
is not the case when distribution relates to videotapes, audio 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 distribution of any
other kind of hard goods by any other manufacturer. For this reason,
distribution of videotapes, audiotapes, video disks, etc. should not be
accepted as a service even when the distribution is linked to the production
of these goods. The production of the entertainment product 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 Production and distribution of independent motion
pictures
This service involves the actual creation of the motion
picture and the accompanying activity of distributing it to movie theatres for
display to the public. This is not the case when distribution relates to
videotapes, audio 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 distribution of any other kind of hard goods by any other
manufacturer. For this reason, distribution of videotapes, audio tapes, video
disks, etc. should not be accepted as a service even when the distribution is
linked to the production of these goods. The production of the entertainment
product 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 Production and distribution of television shows and
movies
This service involves the actual creation of the motion
picture or television program and the accompanying activity of distributing it
to movie theatres and television stations for display to the public. This is
not the case when distribution relates to videotapes, audio 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 distribution of any
other kind of hard goods by any other manufacturer. For this reason,
distribution of videotapes, audio tapes, video disks, etc. should not be
accepted as a service even when the distribution is linked to the production
of these goods. The production of the entertainment product 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 Production and distribution of motion pictures
This service involves the actual creation of the motion picture or television
program and the accompanying activity of distributing it to movie theatres and
television stations for display to the public. This is not the case when
distribution relates to video tapes, audio 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 distribution of any other kind of hard
goods by any other manufacturer. For this reason, distribution of videotapes,
audio tapes, video disks, etc. should not be accepted as a service even when
the distribution is linked to the production of these goods. The production of
the entertainment product 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 Production of monoscopic and/or stereoscopic, electronic,
digital video and/or film
6-11-09 This service involves the actual
creation of the videos and films and the accompanying activity of distributing
it to movie theatres for display to the public. This is not the case when
distribution relates to videotapes, audio 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 distribution of any other kind of hard
goods by any other manufacturer. For this reason, distribution of video tapes,
audio tapes, video disks, etc. should not be accepted as a service even when
the distribution is linked to the production of these goods. The production of
the entertainment product 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.
035 Production of sizzle reels
Sizzle reels are short
videos used to promote or advertise a product, service, person or idea.
041 Production of video cassettes
This does not
include the physical manufacturing of the cassettes. It refers to the artistic
efforts that go into the creation of a video production that is cassette.
041 Production of video and creation of visual effects for
others for use in DVDs, television programs and on web sites
04-07-2011: This 08-31-2006 entry is covered by the following existing
entries: “Video production services” and “Entertainment, namely, preparation
of special effects” in Class 41 08-29-2013: Acceptable entry status changed
from “D” deleted to “X” example.
042 Professional consulting services in the fields of
engineering, land use planning, surveying, landscape architecture, and
environmental sciences
This identification is acceptable; however, it
was deleted because the individual services included in the above ID are
already covered by separate entries in the Manual. 08-29-2013: Acceptable
entry status changed from “D” deleted to “X” example.
009 Programmable electronic controllers for {indicate goods
being controlled} [excluding gaming apparatus]
On 01-10-2013, this
10-10-2007 entry: “Programmable electronic controllers for {indicate goods
being controlled}” was modified to add the wording “[excluding gaming
apparatus]” to make clear that these controllers do not include video game
controllers classified in Class 28 with other “games and playthings” as per
the 10th Edition of Nice.
041 Programming [scheduling of programs] on a global computer
network
This service does not refer to a series of programs - it is
ONLY a scheduling service.
035 Project management services for others in the fields of
language translation, custom writing, text adaptation, interpreting and
proofreading
This service involves the organizing others to perform
translation services for the project manager's clients and to coordinate all
aspects of the translation project
009 Projector lamps
On 11-06-2008 Goods transferred
from Class 9 in order to be in compliance with classification of this item in
the Nice Agreement. On 01-01-2014, this 11-06-2008 entry “Projector lamps” was
transferred from Class 11 to Class 9, pursuant to the Nice Classification,
Tenth edition, version 2014, effective 1-1-14.
035 Promoting {indicate the subject of the promotional
services, e.g., sports competitions, a series of films, charitable donations,
etc.} for others
These promotional activities must be rendered for
others. Promoting one's own goods or services is not considered to be service
under the Trademark Act because it is done primarily for applicant's own
benefit and not for the benefit of others.
035 Promoting a series of films of others
On
05-26-2011, this 04-22-2010 entry was deleted because the services are covered
by the existing Manual entry “Promoting a series of films for others” in Class
35. On 08-01-2013, the status of this acceptable entry was changed from
“D”-Deleted to “X”-Example.
035 Promoting and administering amateur athletic programs and
activities
02-10-11 - Deleted “sponsoring” from the 07-24-2008 entry
because the term is indefinite.
035 Promoting annual post-season intercollegiate football
games of others
2-4-10 - The 1-28-10 entry was clarified to delete
“entertainment services, namely,” from the beginning and to add “of others” at
the end of the ID.
035 Promoting awareness of the benefits of making health,
wellness and nutritional changes in daily living to enable businesses to
increase productivity and lower health care costs
On 07-02-2015, this
04-05-2007 entry, “Providing assistance, fitness evaluation and consultation
to corporate clients to help their employees make health, wellness and
nutritional changes in their daily living to increase productivity and lower
health care costs,” was modified to the current wording to make clear the
nature of the activities provided and the justification for classification in
Class 35. The status of the entry was also changed from “A”-Added to
“X”-Example.
035 Promoting charitable giving that reflects the core values
of the donor by providing a method to identify the donor's core values and to
select charities that foster those values
On 05-26-2011, this
09-30-2010 entry was deleted because it is too specific and does not provide
guidance that is helpful to a broad range of customers. On 08-01-2013, the
status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
035 Promoting collaboration within the scientific, research
and provider communities to achieve advances in the field of autism
treatment
On 05-26-2011, this 02-04-2010 entry was deleted and
replaced with the following new entry “Promoting collaboration within the
scientific, research and provider communities to achieve advances in the field
of {specify field, e.g. autism, healthcare, etc.} 09-26-2013: Acceptable entry
status changed from “D” deleted to “X” example.
035 Promoting commercial, trade, and other business
relationships between Mexico and the United States and/or Canada and the
United States and disseminating promotional information concerning commercial,
trade, and other business relationships between such countries
On
05-26-2011, this 11-12-2009 entry was deleted and replaced with the following
fill-in-the-blank entry, “Promoting commercial, trade and other business
relationships between the United States and {specify other countries}.” On
08-01-2013, the status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Promoting health and environmental awareness within people
so that they can lead a clean and healthy life
On 5-26-2011, this
10-1-2009 entry was deleted because it is too specific and awkwardly
worded.
035 Promoting participatory democratic practices
On
5-26-2011, this 1-27-2011 entry was deleted because it too vague and awkwardly
worded.
035 Promoting public awareness of the interests of {indicate
demographic group, e.g., the homeless, veterans, disabled individuals,
etc.}
On 5-26-2011, this 10-1-2005 entry was deleted because these
services are encompassed by the existing Manual entry “Promoting public
awareness of {indicate field or subject matter}.” On 08-01-2013, the status of
this acceptable entry was changed from “D”-Deleted to “X”-Example. On
09-25-2014, this 08-01-2013 entry for “Promoting public awareness of {indicate
specific area of interest}” was modified to the current entry to provide a
wider range of service descriptions.
035 Promoting public awareness of the need for {indicate area
of interest}
Due to the restructuring of Class 42, services of
promoting the interest of various interest groups could no longer be
classified in that class. Associations, unions, PAC's and interest groups
promote 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.
035 Promoting public awareness of shopping locally
On
05-26-2011, this 01-22-2009 entry was deleted because these services are
encompassed by the following existing Manual entry, “Promoting public
awareness of {indicate field or subject matter}.” On 08-01-2013, the status of
this acceptable entry was changed from “D”-Deleted to “X”-Example.
035 Promoting public awareness of environmental issues and
initiatives
On 05-26-2011, this 11-27-2008 entry was deleted because
it is encompassed by an existing Manual entry, “Promoting public awareness of
environmental matters.” On 08-01-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
035 Promoting public awareness of nephrotic syndrome and focal
segmental glomerulosclerosis (FSGS)
On 05-26-2011, this 06-05-2008
entry was deleted because these services are encompassed by the existing
Manual entry “Promoting public awareness of {indicate field or subject
matter}.” On 08-01-2013, the status of this acceptable entry was changed from
“D”-Deleted to “X”-Example.
035 Promoting sports competitions and events of others
On 5-26-2011, this 4-2-1991 entry was amended from “Promoting sports
competitions and/or events of others to replace the “and/or” language to read,
Promoting sports competitions and events of others
035 Promoting technical and scientific investigation, research
and experimentation in the field of scientific discovery through support of
educational institutions and scientific organizations
On 5-26-2011,
this 9-18-2008 entry was amended to make it less wordy.
035 Promoting the charitable services of others, namely,
providing individuals with information about various charities for the purpose
of making donations to charities
On 5-26-2011, this 7-30-2009 entry
was amended from “Promoting the charitable services of others, namely,
providing individuals with information for the purpose of making donations to
charities” to clarify the type of information being provided.
035 Promoting the exchange of information and resources within
the scientific research communities to achieve advances in the field of 21st
century transformational science
On 5-26-2011, this 7-17-2008 entry
was deleted because it is too specific to be helpful to a broad range of
customers. On 08-01-2013, the status of this acceptable entry was changed
from “D”-Deleted to “X”-Example.
035 Promoting the goods of others by means of on-line real
time presentation for inspection, viewing or showing of {indicate goods being
presented}
On 5-26-2011, this 2-1-2006 entry was deleted because it
is awkwardly worded.
035 Promoting the goods and services of others through on-line
ordering and cataloging of those goods and services
On 5-26-2011,
this 1-10-2001 entry was deleted because it is confusing and awkwardly
worded.
035 Promoting the goods and services of others by {specify
means, e.g., distributing coupons, providing hyperlinks to websites of others,
etc.}
On 6/21/2012, the above 5-12-2011 entry was amended to delete
the example of “providing a community-driven website” as a means of promoting
the goods and services of others because it caused confusion.
035 Promoting the goods and services of others by distributing
advertising materials through a variety of methods
On 05-26-2011,
this 01-10-2004 entry was deleted because it is encompassed by the following
fill-in-the-blank entry, Promoting the goods and services of others by
{specify means, e.g., providing a community-driven website, distributing
coupons, providing hyperlinks to websites of others, etc.}. On 08-01-2013,
the status of this acceptable entry was changed from “D”-Deleted to
“X”-Example.
035 Promoting the goods and services of others by arranging
for sponsors to affiliate their goods and services with an awards program, a
sports competition and sporting activities
On 05-26-2011, this
07-20-2004 entry was deleted because it is covered by an existing
fill-in-the-blank entry. On 08-01-2013, the status of this acceptable entry
was changed from “D”-Deleted to “X”-Example.
035 Promoting the goods and services of others by providing a
website featuring {indicate type of promotional materials, e.g., discount
vouchers, rebates, price-comparison information, product reviews, discount
information, etc.}
On 5-26-2011, this 3-3-2011 entry was amended
from, Promoting the goods and services of others by providing a website
featuring discount vouchers, rebates, price-comparison information, product
reviews, links to the retail websites of others, and discount information” to
a fill-in-the-blank entry.
035 Promoting the goods and services of others by providing a
web site featuring links to {indicate subject matter of links}
On
3-15-12, this 06-01-01 entry was modified to change the wording “at which” to
the current language. This change eliminates the confusion of this service
with the Class 42 service that enables users to perform a task at/on a
website. The latter is in Class 42 because it is primarily a technology
service.
035 Promoting the goods and services of others by providing a
community-driven web site featuring user-submitted content in the nature of
coupons, rebates, price-comparison information, product reviews, links to the
retail web sites of others, and discount information
On 11-03-2011,
this 11-01-2007 entry was deleted because, although acceptable, it is covered
by the fill-in entry of “Promoting the goods and services of others by
{specify means, e.g., distributing coupons, providing hyperlinks to websites
of others, etc.}.” On 08-01-2013, the status of this acceptable entry was
changed from “D”-Deleted to “X”-Example.
035 Promoting the goods and services of others by providing an
interactive website where users can increase the current value of an online
discount being offered by purchasing the goods and services associated with
that discount in the form of an online coupon, voucher or gift card
08-01-2013: Acceptable entry status changed from “A” added to “X” example.
035 Promoting the goods and services of others by providing a
web site featuring coupons, rebates, price-comparison information, product
reviews, links to the retail web sites of others, and discount information
On 05-26-2011, this 05-31-2007 entry was deleted because it is virtually
identical to an existing entry in the Manual. The only difference between the
two entries is the spelling of the word “website” versus “web site.” On
08-01-2013, the status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Promoting the interests of people involved and concerned
with youth sports
01-23-2014: Status of acceptable entry changed from
“A”-Added to “X”-Example.
035 Promoting the interests of people concerned with health,
community and environmental sustainability issues
01-23-2014: Status
of entry changed from “A”-Added to “X”-Example.
035 Promoting the interests of wounded United States service
persons in military hospitals worldwide by soliciting volunteers to correspond
with and send backpacks with amenities to said service persons
01-23-2014: Status of acceptable entry changed from “A”-Added to
“X”-Example.
035 Promoting the sale of goods and services of others by
means of contests and incentive award programs
On 07-30-2015, this
06-01-2001 entry was changed from “Contests and incentive award programs to
promote the sale of products and services of others” to “Promoting the sale of
goods and services of others by means of contests and incentive award
programs” to emphasize the primary nature of the promotional services rather
than the means of the promotion (contests and award programs).
035 Promoting the sale of goods and services of others through
electronic couponing, promotions and discounts
On 05-26-2011, this
05-27-2010 entry was deleted and replaced with an entry that contains a
fill-in-the-blank section for the specific means by which the promotional
activities are rendered. On 08-01-2013, the status of this acceptable entry
was changed from “D”-Deleted to “X”-Example.
035 Promoting the sale of goods and services of others by
awarding purchase points for credit card use
On 05-26-2011, this
04-02-1991 entry was deleted and replaced with a fill-in-the-blank entry. On
08-01-2013, the status of this acceptable entry was changed from “D”-Deleted
to “X”-Example.
035 Promoting the services of banks of others through
{indicate means, e.g., the distribution of printed and audio promotional
materials, rendering sales promotion advice, etc.}
On 11-3-2011, this
9-2-2010 entry was amended from “Promoting the services of banks through the
distribution of printed and audio promotional materials and by rendering sales
promotion advice” to the above fill-in entry.
035 Promoting visual and performing arts events by means of
providing an online events calendar, original articles, interviews, and
information about art, artists and arts events via an internet web site, all
for promotional purposes
10-03-2013: Entry status changed from “A”
added to “X” example.
035 Promotion and marketing services and related
consulting
This refers to a combined item not two separate items.
The term “promotion“ cannot be used by itself. The promotion services must be
linked with the marketing services to indicate that the services involve
promotional marketing services. The term “marketing“ by itself is also
unacceptable. Marketing services by themselves can refer to a retail-type
activity. In the context of the language of this ID, marketing refers to
promotional marketing services. While a retail service would be in Class 35,
the nature and purpose of that type of service is very different from a
promotional marketing type of service. 1-1-2012 “Marketing services” was
added to the Manual as a separate entry pursuant to the 10th Edition of the
Nice Agreement. When listed by itself, an identification for “marketing”
should include the term “services.“ This entry refers to the promoting of the
goods and services of others.
035 Promotion, advertising and marketing of on-line
websites
On 05-26-2011, this 07-20-2004 entry was deleted because it
is covered by an existing Manual entry, “Promoting, advertising and marketing
on-line websites of others.” On 08-01-2013, the status of this acceptable
entry was changed from “D”-Deleted to “X”-Example.
020 Promotional figurines, namely, plastic caricatures of
persons with their head in the shape of an electric plug and feet in the shape
of a vehicle tire
06-20-2013: Status changed from “A”-Added to
“X”-Example.
028 Promotional game cards
08-16-2012 - These goods
are primarily in the nature of game apparatus and thus are classified in Class
28. The fact that the goods are used to promote other goods or services does
not change the classification of the goods.
028 Promotional game materials
08-16-2012 - These
goods are primarily in the nature of game apparatus and thus are classified in
Class 28. The fact that the goods are used to promote other goods or services
does not change the classification of the goods.
035 Promotional marketing services using audiovisual media
10-14-10 - The 7-20-2004 ID- “Promotion using audiovisual media” was
amended to read “Promotional marketing services using audiovisual media” to
clarify the type of promotional activity.
035 Promotional services, namely, providing a website
featuring the online portfolio of artists to showcase their talent
On
3-15-12, this 10-29-09 entry was modified to change the wording “at which” to
the current language. This change eliminates the confusion of this service
with the Class 42 service that enables users to perform a task at/on a
website. The latter is in Class 42 because it is primarily a technology
service.
035 Promotional sponsorship of {indicate specific event or
activity}
Please note that sponsorship alone is an indefinite term.
Promotional sponsorship of {indicate specific event or activity} is in Class
35. Financial sponsorship of {indicate specific event or activity} is in Class
36.
037 Propane tank painting
Propane tank painting is
classified in Class 37 as a property maintenance service. Propane tank
painting does not refer to custom artwork painting services in Class 41, but
“Custom artwork painting of propane tanks for others” would be acceptable in
Class 41.
007 Propellers for wind-powered electricity generators
10/16/08 - As a part of an electricity generator, the propellers were
moved from Class 11 to 7 since electricity generators are in 7.
010 Prosthetic intraocular implants
Note added on
3-21-2013 - An intraocular implant is a clear plastic lens that is implanted
in the eye, usually done when the natural lens has been removed in a cataract
operation.
009 Protective armor panels for protecting against ballistic
projectiles and explosive fragments installed in or attached to vehicles,
buildings or other structures
06-05-2014: This entry of 04-19-2007
was deleted as overly inclusive of goods in several international classes.
“Armour plating” is in the Nice Alphabetical List in Class 6 as a good of
common metal.
028 Protective carrying cases specially adapted for video game
consoles for use with an external display screen or monitor
1-1-2012
this entry of 1-3-2008 was transferred from Class 9 in accordance with 10th
Edition of Nice Agreement. Under the 10th Edition, all game apparatus, are in
Class 28 because “Games and playthings” are in the Class 28 Heading.
009 Protective carrying cases for portable music players
On 8-2-2012, this 9-1-2005 entry was amended to delete the last part of
ID, which read, “namely, MP3 players” to make the ID less restrictive.
009 Protective cases for smartphones
01-01-2016:
Status of entry changed from “A”-Added to “X”-Example.
009 Protective clothing
Protective clothing in Class
9 is clothing that is life preserving or protects from fire, accidents and
irradiation. On 10-21-10 the 4-2-91 entry was deleted because it caused
confusion with clothing items in Class 25. A “life- preserving” or
“protection against accidents” use or purpose must be indicated for any Class
9 protective clothing or protective headgear ID. For example, “protective
clothing, namely, bullet resistant vests” or “protective headgear for boxing”
would both be acceptable in Class 9, because the referenced items may prevent
potentially life-threatening injury to the body and head, respectively.
“Protective headgear, namely, hats” would be considered indefinite in Class 9,
because it is not clear whether the hats serve a life-preserving purpose or
whether the hats are just a regular clothing item in Class 25. “Protective
headgear, namely, hard hats” would be acceptable in Class 9, because hardhats
prevent life-threatening injury to the head.
009 Protective clothing especially made for use in
laboratories
This is protective clothing only for protection from
exposure to heat, radiation, caustic substances, etc., like a clean suit. It
is not a lab coat or other regular clothing item that happens to be worn in a
laboratory environment. On 11-4-10, the 11-1-2003 entry was amended to add the
words “especially made” to indicate that the protective clothing is not a
regular clothing item such as a lab coat in Class 25 and to mimic the entry
that is listed in the Nice Agreement.
009 Protective clothing and headgear
Protective
clothing in Class 9 is clothing that is life preserving or protects from fire,
accidents and irradiation. On 10-21-10 the 11-7-08 entry was deleted because
it caused confusion with clothing and headgear items in Class 25. A
“life-preserving” or “protection against accidents” use or purpose must be
indicated for any Class 9 protective clothing or protective headgear ID. For
example, “protective clothing, namely, bullet resistant vests” or “protective
headgear for boxing” would both be acceptable in Class 9, because the
referenced items may prevent potentially life-threatening injury to the body
and head, respectively. “Protective headgear, namely, hats” would be
considered indefinite in Class 9, because it is not clear whether the hats
serve a life-preserving purpose or whether the hats are just a regular
clothing item in Class 25. “Protective headgear, namely, hard hats” would be
acceptable in Class 9.
016 Protective covers for sheets of paper and pages of books
and the like
07-09-2015: The typographical error “sheets or paper”
was corrected to “sheets of paper.”
009 Protective covers for smartphones
01-01-2016:
Status of entry changed from “A”-Added to “X”-Example.
028 Protective covers specially adapted for electronic game
playing apparatus, namely, {indicate specific items, e.g., video game
consoles, hand-held video game units, etc.}
On 10-09-2014, the
04-17-2014 entry was modified by deleting “gaming” and inserting “game
playing” to make clear that “gaming” in this context refers to recreational
computer game playing, and not gambling.
009 Protective ear covering shields
On 09-25-2014,
this 07-01-2004 entry was amended from “Protective ear coverings” to the
current ID to clarify that the goods are used to protect the physical ear
itself.
009 Protective gloves for industrial use
These are
heavy duty gloves that protect hands from serious injury when working. The
word “protective” should only be used for gloves that perform this function in
9.
009 Protective helmets for boxing
On 03-14-2013, this
04-05-2007 entry, “Protective headgear for boxing” was amended to “Protective
helmets for boxing,” to avoid confusion and make clear the rationale for
classification in Class 9. Protective helmets are classified in Class 9
because helmets function to protect the user’s head from life threatening
injury, and “Helmets (Protective) for sports” appear in the Nice Alphabetical
List in Class 9. Please note that sporting articles, such as “head guards,”
are classified in Class 28 because of their primary function as sports padding
against non-life-threatening injuries by dispersing impact, similar to “Elbow
guards [sports articles]” and “Knee guards [sports articles],” which appear in
the Nice Alphabetical List in Class 28. 01-01-2016: “Head guards for sports”
and “Mouth guards for sports” were added to the Nice Alphabetical List in
Class 9 under the Nice Classification, Tenth edition, version 2016, effective
01-01-2016. Under Nice 10-2016, mouth guards for sports and head guards for
sports are classified in Class 9 because they protect against serious injury
and are analogous to the wording “life-saving apparatus and instruments” in
the Class 9 Heading.
009 Protective industrial footwear
Protective
footwear in Class 9 is footwear that protects from life threatening injury or
accidents.
022 Protective liners of vinyl for hot tubs, swimming pools,
ponds, spas and industrial tanks[in the nature of a tarp]
06-17-10
Inserted “[in the nature of a tarp]” to clarify the nature of the goods; the
nature of the goods justifies classifying them in 22.
022 Protective liners of flexible vinyl for industrial tanks
[in the nature of a tarp]
06-17-10 Inserted “[in the nature of a
tarp]” to clarify the nature of the goods; the nature of the goods justifies
classifying them in 22.
022 Protective unfitted liners for the cargo area of vehicles
[in the nature of a tarp]
The term “unfitted” was added to this entry
to differentiate it from the fitted truck bed liners in Class 12. 06-17-10
Inserted “[in the nature of a tarp]” to clarify the nature of the goods; the
nature of the goods justifies classifying them in 22.
009 Protective work gloves
These are heavy duty
gloves that protect hands from serious injury when working. The word
“protective” should only be used for gloves that perform this function in
9.
005 Protein arrays for diagnosing {indicate medical condition,
e.g., allergies, cancer, etc.}
Protein arrays for medical diagnosis
purposes is acceptable in Class 5; further specification of the condition
being diagnosed is also acceptable, but it is not required.
029 Protein based, nutrient-dense snack bars
On
1-1-2012 this entry of 6-1-2001 was deleted and it is no longer acceptable
under the 10th Edition of the Nice Agreement. Proteins are no longer
considered “food” for classification purposes. Instead, proteins are
considered raw materials used in the industrial preparation of food for their
nutritive values or, e.g., as emulsifiers or binding agents, in Class 1, or as
a dietary supplement in Class 5. Under the 9th Edition these goods were
classified in Class 29 because protein was the primary ingredient. Because
protein is no longer considered a food in itself, this identification has been
deleted.
029 Protein based, nutrient-dense snack foods
On
1-1-2012 this entry of 1-27-2011 was deleted and it is no longer acceptable
under the 10th Edition of the Nice Agreement. Proteins are no longer
considered “food” for classification purposes. Instead, proteins are
considered raw materials used in the industrial preparation of food for their
nutritive values or, e.g., as emulsifiers or binding agents, in Class 1, or as
a dietary supplement in Class 5. Under the 9th Edition these goods were
classified in Class 29 because protein was the primary ingredient. Because
protein is no longer considered a food in itself, this identification has been
deleted.
031 Protein for animal consumption
1-1-2012 This
entry of 11-22-2007 has been deleted under the 10th Edition of the Nice
Agreement because protein is not a food for direct consumption. “Protein [raw
material]” is in the Nice Alphabetical List in Class 1.
029 Protein for use as a food filler
1-1-2012 this
entry of 4-2-1991 was deleted and it is no longer acceptable under the 10th
Edition of the Nice Agreement. Proteins are no longer considered “food” for
classification purposes. Instead, proteins are considered raw materials used
in the industrial preparation of food for their nutritive values or, e.g., as
emulsifiers or binding agents, in Class 1, or as a dietary supplement in Class
5.
029 Protein for use as a food additive
On 1-1-2012
this entry of 4-2-1991 was deleted and it is no longer acceptable under the
10th Edition of the Nice Agreement. Proteins are no longer considered “food”
for classification purposes. Instead, proteins are considered raw materials
used in the industrial preparation of food for their nutritive values or,
e.g., as emulsifiers or binding agents, in Class 1, or as a dietary supplement
in Class 5.
029 Protein milk
This is a milk that it is richer in
protein and lower in fat than ordinary milk. It is supposed to be better
tolerated by those with digestive disorders. It is also known as albumin
milk.
031 Protein mix for dogs not for medicinal purposes
On 1-1-2012, this entry of 12-20-2007 was deleted and it is no longer
acceptable under the 10th Edition of the Nice Agreement. Proteins are no
longer considered “food” for classification purposes. Instead, those goods are
considered raw materials used in the industrial preparation of food for their
nutritive values or, e.g., as emulsifiers or binding agents, in Class 1, or as
a dietary supplement in Class 5. Under the 9th Edition, these goods were
classified in Class 31 as foodstuffs for animals because protein was there
primary ingredient. Because protein is no longer considered a food in itself,
this identification has been deleted.
029 Protein powders for human consumption for use as a food
additive
On 1-1-2012, this entry of 1-8-2009 was deleted and it is no
longer acceptable under the 10th Edition of the Nice Agreement. Proteins are
no longer considered “food” for classification purposes. Instead, proteins are
considered raw materials used in the industrial preparation of food for their
nutritive values or, e.g., as emulsifiers or binding agents, in Class 1, or as
a dietary supplement in Class 5.
005 Protein reduced and gluten free food for medical
purposes
1-24-2012 This entry of 3-29-2007 was deleted because it is
no longer acceptable under the Tenth Edition of the Nice Agreement, which
requires either specification that dietetic substances in Class 5 are adapted
for medical use or other wording to make clear that the substance is for the
treatment of a medical condition. The nature of the food or beverage (e.g.,
bread, tea, etc.) must also be specified in the identification.
029 Proteins being foodstuffs for human consumption
1-1-2012 This entry of 7-20-2004 has been deleted under the 10th Edition of
the Nice Agreement because protein is not a food for direct consumption.
“Protein [raw material]” is in the Nice Alphabetical List in Class 1.
001 Proteins for use in the manufacture of food
supplements
Proteins for use in manufacture is acceptable wording;
further specification is acceptable, but it is not required.
005 Protein-based meal replacement shakes
On
1-1-2012, the 10-20-2011 entry was deleted because it is no longer acceptable
under the 10th Edition of the Nice Agreement. Meal replacement bars and drinks
adapted for medical use are in Class 5, and meal replacement bars and drinks
not for medical purposes are in Classes 29-33 depending on the nature of the
goods. This wording is too broad for classification in Classes 29-33 and must
be further specified.
016 Protractors as drawing instruments
On 05-09-2013,
the 07-20-2004 entry was modified by deleting “[for stationery and office
use]” and inserting “as drawing instruments”. The Alphabetical List includes
“Protractors [measuring instruments]” in Class 9 and “Drawing instruments” in
Class 16. To justify classification in any class other than 9, the specific,
non-measuring purpose of the protractors must be incorporated into the text of
the description.
039 Provide a website for the arrangement and booking of
eco-travel
On 01-01-2013, the 03-19-2009 entry was modified by
deleting “and eco-tours” because “arranging of tours” is overbroad under the
Nice Classification, Tenth edition, version 2013, and includes travel tour
arrangement in Class 39 and educational or recreational tour arrangement Class
41.
042 Provide metering and monitoring services for others,
namely, determine thread consumption for a sewn product, cost per garment, and
amount required to sew a program of a specific size
On 08-09-2012,
the 04-19-2007 entry was deleted because it is unclear whether the services
are for quality control purposes in Class 42 or business administration
purposes in Class 35. Therefore, the proper classification of the services is
unclear.
035 Providing a buyback credit program for technological
equipment such as computers and telephone systems
3-4-10 - The
4-19-07 entry was transferred from Class 36. As a credit program, there is no
money changing hands so the service is more appropriate in 35 than 36.
042 Providing a computer database in the nature of a computer
bulletin board in the field of {indicate specific field} (Computer services,
namely)
This service was transferred to Class 38. The transfer is
supported by the 8th edition of the Nice Agreement. The subject matter or
field should be indicated in general terms for purposes of determining
likelihood of confusion.
042 Providing a computer database in the field of {indicate
specific field} (Computer services, namely)
The service of providing
a data base is classified in the service class of the subject matter, e.g.,
providing a database in the field of financial information would be classified
in Class 36.
041 Providing a computer game for use network-wide by network
users
These games are not downloadable - they are played in an online
environment only. 11-19-2009 - in the 1/1/95 entry, “that may be accessed” was
changed to “for use.” Due to the change in technology since 1995, this entry
has become problematic since the use of “accessed” can suggest a Class 38
service.
042 Providing a database in the field of asthma and allergy
information and also allowing input and collection of data and information all
for research purposes
05-01-2008 - Transferred from Class 44 since it
is clear from the ID that this is for research purposes and not treatment or
diagnosis. 09-05-2013: Entry status changed from “M” modified to “X” example.
On 04-10-2014, this 05-01-2008 entry was deleted because the nature and
purpose of the services is not clear, and may include medical information
services in Class 44 and computer technology services in Class 42.
041 Providing a database of private and public water leisure
facilities
On 06-27-2013, the status of this entry was changed from
“A” to “X” to indicate that it is an example of acceptable wording under
current USPTO policy.
036 Providing a database featuring information and statistics
about patient reimbursement and insurance coverage for pharmaceuticals and
medical devices
On 08-09-2012, this 04-19-2007 entry was modified by
deleting “for tracking, monitoring, and generating reports on” and inserting
“featuring” because computer database services are classified according to
subject matter and the description of the database function created
ambiguity.
035 Providing a financial index in the nature of quantitative
measurements for analyzing investor attitudes
04-07-2016: Providing a
financial index for others is classified in Class 35 based on the Explanatory
Note of the Nice Classification for Class 35 which includes “services
consisting of the ... composition, compilation or systematization of written
communications and registrations, and also the compilation of mathematical or
statistical data.”
038 Providing a high speed access to area networks and a
global computer information network
This activity does not require
indication of a specific field or subject matter since the service is
providing the telecommunication access and not content. If applicant is a
content provider, this language should not be used and the subject matter of
the content will control the service classification.
035 Providing a job-readiness and career-development website
featuring information for collegiate athletes that have graduated or who are
graduating
09-26-2013: Entry status changed from “A” added to “X”
example.
035 Providing a live forum for companies to showcase, display,
demonstrate and promote new and innovative ideas, products and services in the
convention/meeting management arena
On 11-17-2011, this 9-13-2007
entry was deleted, because, although acceptable, these services are covered by
the fill-in entry for “Providing an in-person {specify business, commercial,
promotional, advertising} forum in the field of {indicate subject matter or
field}” in Class 35. 09-26-2013: Acceptable entry status changed from “D”
deleted to “X” example.
042 Providing a members-only website featuring technology
which provides members with the ability to {indicate functions or tasks that
the technology enables}
These services are classified in
International Class 42 because providing technology that enables users to
perform an activity is a technology service. These services are not classified
based on the subject matter of the activity performed
045 Providing a motivational website the primary mission of
which is to increase personal happiness in terms of personal relationships,
personal growth and motivation, and self-fulfillment
09/24/2015: This
entry of 10/28/2010 was deleted. Providing a website is not a service. The
purpose of a website does not justify classification. The activities
conducted on the website, for example, providing information or featuring
non-downloadable software, must be indicated to determine proper
classification.
045 Providing a motivational website the primary mission of
which is to spread laughter and smiles, and to raise awareness to the issue of
suicide and provide support for people suffering with depression
09/24/2015: This entry of 10/02/2010 was deleted. Providing a website is not
a service. The mission or purpose of a website does not justify
classification. The activities conducted on the website, for example,
providing information or featuring non-downloadable software, must be
indicated to determine proper classification.
035 Providing a searchable online advertising guide featuring
the goods and services of other on-line vendors on the internet
On
5-26-2011, this 7-20-2004 entry was deleted because it is covered by an
existing Manual entry, “Providing a searchable online advertising guide
featuring the goods and services of online vendors” 09-26-2013: Acceptable
entry status changed from “D” deleted to “X” example. While the wording “on
the internet” may be included, the nature of the advertising guide being
characterized as “online” is sufficient.
042 Providing a secure electronic online system featuring
technology which allows {indicate functions or tasks that the technology
enables}
These services are classified in International Class 42
because providing technology that enables users to perform an activity is a
technology service. These services are not classified based on the subject
matter of the activity performed
042 Providing a secure, web-based service featuring technology
that enables individuals to remotely create and manage their own accounts so
that whatever private content they upload now can be encrypted, then delivered
to their intended recipients, at the time and in the manner requested
On 10-23-2014, the 08-21-2008 entry was amended by deleting “enabling” and
adding “featuring technology that enables” to make clear the nature of the
services and the justification for classifying them in Class 42. The status
of the entry was also amended from “A”-Added to “X”-Example.
042 Providing a secured-access, members only website featuring
technology that gives members the ability to {indicate functions or tasks that
the technology enables}
These services are classified in
International Class 42 because providing technology that enables users to
perform an activity is a technology service. These services are not classified
based on the subject matter of the activity performed
045 Providing a selection of on-line electronic greeting
cards
This entry was transferred from Class 42 to Class 45 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement. 1-21-10 - This service is the provision of greeting cards online
that may be printed for sending by regular mail. The greeting card services
for sending greetings cards via email is primarily a Class 38 service -see the
entry in that class regarding the delivery of greeting cards via email. On
07-10-2014, this 01-01-2002 ID, was deleted because it was causing confusion
as to what the services entailed. The ID was replaced with a Class 42 entry
of “Providing temporary use of non-downloadable software for selecting
electronic cards, personalizing them with users own messages and sending them
via e-mail.”
042 Providing a social networking website which features
technology that enables users to give charitable financial gifts to others
On 03-22-12 this 03-25-10 entry was revised and reclassified from class
45 to class 42 because the prior language “at which a user can give” indicates
a technology-based service which belongs in Class 42.
042 Providing a web hosting platform for {indicate purpose or
intended user} [provision of hosting technology only; not classified by
purpose]
5-12-11: The bracketed note of this 9-2-2010 entry was
modified to indicate that the services are not classified by purpose, although
purpose (or intended user) should be indicated. 12/17/2015: Hosting of one’s
own technology is not a service; See TMEP Section 1402.11(a)(xi).
000 Providing a web site featuring {indicate field or subject
matter of the site and classify in class of that field or subject matter}
12-16-10 - this entry does not appear in the TEAS Plus version of the ID
Manual because a class number cannot be assigned to this entry as it appears
in the Manual.
045 Providing a web site featuring information in the fields
of personal relationships, personal growth and motivation, and
self-fulfillment
On 02-14-13, this 10-28-10 entry was modified by
deleting “and content” because “content,” in this context, is overbroad and
may include downloadable video recordings in Class 9 and on-line journals in
Class 41, for example.
045 Providing a web site featuring information in the fields
of personal relationships, dating and fashion
On 02-14-13, this
04-19-07 entry was modified by deleting “and content” because “content,” in
this context, is overbroad and may include downloadable video recordings in
Class 9 and on-line journals in Class 41, for example.
042 Providing a web site featuring technology that enables
recruiters and hiring managers to manage the entire candidate attraction and
selection process, including administration of back ground checks, assessments
and skills tests, as well as compiling data that facilitates the continuous
improvement of the process
On 3-17-2011 the 11-26-2009 entry was
deleted from the Manual. This entry was replaced with an entry that contains a
fill-in section for the specific activity enabled by the technology service.
08-29-2013: Acceptable entry status changed from “D” deleted to “X” example.
04-02-2014: The semi-colon after “tests” was replaced with a comma. For
information on the use of semicolons and commas in an identification, see TMEP
§1402.01(a).
042 Providing a web site featuring technology that enables
users to share, bookmark, index, store, collect and showcase content,
articles, images, calendars, products, projects, and other information
resources in electronic form in the nature and field of {indicate field of
use}
On 3-17-2011 the 5-28-2009 entry was modified to replace the
wording “climate change and global warming and associated related fields
including green building, planning, renewable energy, sustainable communities,
conservation, and other human activities affecting carbon use and its impacts
on the world and the environment” with the wording “indicate field of
use.”
042 Providing a web site featuring technology that enables
users to evaluate past electrical usage, measure a property's solar potential,
develop an estimate of financial gain from installing solar, seek bids from a
network of local contractors, assess financing options, and solicit
financing
On 3-17-2011 the 7-29-2010 entry was deleted from the
Manual. This entry was replaced with an entry that contains a fill-in section
for the specific activity enabled by the technology service. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
042 Providing a web site featuring technology that enables
physicians to generate, manage and exchange medical information and documents
regardless of medical organization or geographic location
On
2-17-2011, the 1-17-2008 ID was amended to delete the phrase, “for use by
physicians,” and replaced with, “featuring technology that enables physicians”
to clarify that this service is merely the provision of technology that
enables others to perform a task in Class 42.
042 Providing a web site featuring temporary use of
non-downloadable software for {specify the function of the programs, e.g., use
in database management, use as a spreadsheet, word processing, etc. and, if
software is content- or field-specific, the content or field of use}
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
043 Providing a web site featuring a searchable collection of
alcoholic and non-alcoholic cocktail recipes
On 10-06-2011, this
06-28-2007 entry was deleted because, although acceptable, it is too similar
to an existing entry for “Providing an interactive website featuring
information in the field of recipes for alcoholic beverages and cocktails” in
Class 43. 09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
045 Providing a web site featuring information in the field of
security
6-17-10 - This entry is intended to refer to physical
security in the nature of protection of individuals and property.
043 Providing a web site featuring the ratings, reviews and
recommendations on wines for wine appreciation purposes posted by viewers
Since this service is not focused on consumer information but rather
information about wine characteristics and qualities, it is not in Class 35 as
are other rating, review, or recommendation services that are done for
consumer information purposes. On 3-15-12, this 02-21-08 entry was modified
to change the wording “where users can post” to the current language. This
change eliminates the confusion of this service with the Class 42 service that
enables users to perform a task at/on a website. The latter is in Class 42
because it is primarily a technology service.
041 Providing a web site featuring non-downloadable
instructional videos in the field of {indicate field or subject matter of
videos}
The subject matter of the videos controls the classification
- not the instructional character of the videos. On 01-01-2014, this
03-03-2011 entry “Providing a web site featuring non-downloadable
instructional videos in the field of {indicate field or subject matter of
videos} [subject matter will control the classification of the service] “ was
amended to “Providing a web site featuring non-downloadable instructional
videos in the field of {indicate field or subject matter of videos}” and was
transferred from Class 000 to Class 041, pursuant to the Nice Classification,
Tenth edition, version 2014, effective 1-1-14, services involving “providing
on-line videos, not downloadable” are classified in Class 41, regardless of
the subject matter of the videos.
041 Providing a web site featuring the ratings, reviews and
recommendations of users on events and activities in the field of
entertainment and education
On 3-15-12, this 11-16-06 entry was
modified to change the wording “where users can post” to the current language.
This change eliminates the confusion of this service with the Class 42 service
that enables users to perform a task at/on a website. The latter is in Class
42 because it is primarily a technology service.
041 Providing a web site featuring non-downloadable
instructional videos in the field of martial arts
01-01-2014 Pursuant
to the Nice Classification, Tenth edition, version 2014, effective 1-1-14,
services involving “providing on-line videos, not downloadable” are classified
in Class 41, regardless of the subject matter of the videos.
042 Providing a web site that gives computer users the ability
to upload and share videos describing what they would do to better the world
or their community if they were awarded one million dollars
03-20-2014: Entry status changed from “A” added to “X” example.
042 Providing a web site featuring temporary use of
non-downloadable software allowing web site users to upload on-line videos for
sharing with others for entertainment purposes
5-20-10 - Providing a
website featuring downloadable software for {specify function of the programs}
is not an acceptable identification because it is unclear whether the
applicant is offering goods in the nature of downloadable software in Class9,
or whether the applicant is offering services in the nature of website hosting
in Class 42.
042 Providing a web site featuring technology that enables
internet users to develop individual playlists that create personalized TV
viewable channels from favorite web sites for independent or simultaneous
viewing or sharing of channels
On 3-17-2011 the 11-26-2009 entry was
deleted from the Manual. This entry was replaced with an entry that contains a
fill-in section for the specific activity enabled by the technology service.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Providing a web site featuring technology that enables
internet users to create, bookmark, annotate, and publicly share
fitness-related data, as well as providing health and fitness professionals
with a subscription-based client management system
On 03-17-2011,
this 02-26-2009 entry was deleted from the Manual. This entry was replaced
with an entry that contains a fill-in section for the specific activity
enabled by the technology service. 10-03-2013: Acceptable entry status
changed from “D” deleted to “X” example.
042 Providing a web site featuring technology that enables
users to create a chronological schedule of events
On 3-17-2011 the
11-26-2009 entry was deleted from the Manual. This entry was replaced with an
entry that contains a fill-in section for the specific activity enabled by the
technology service. 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
042 Providing a web site featuring technology that enables
users to request and record ideas, suggestions, and comments from other users
in any field of business or general interest
On 3-17-2011 the
04-22-2010 entry was deleted from the Manual. This entry was replaced with an
entry that contains a fill-in section for the specific activity enabled by the
technology service. 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
042 Providing a web site featuring technology that enables
internet users to submit comments of personal recognition
On
3-17-2011 the 10-30-2008 entry was deleted from the Manual. This entry was
replaced with an entry that contains a fill-in section for the specific
activity enabled by the technology service. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Providing a web site featuring temporary use of
non-downloadable software allowing web site users to upload, post and display
online videos for sharing with others for entertainment purposes
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
041 Providing a web site featuring non-downloadable
instructional videos in the field of finance
09/13/07 - original
effective date; 01/07/10 - this entry was transferred from 41 to 36 because
the subject matter of the videos controls the classification - not the
“instructional” character of the videos. On 01-01-2014, this 01-07-2010 entry
was transferred from Class 036 to Class 041. Pursuant to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14, services
involving “providing on-line videos, not downloadable” are classified in Class
41, regardless of the subject matter of the videos.
039 Providing a web site featuring travel information and
commentary
11-17-2011: While this wording is still acceptable, the
05-13-2010 entry is being deleted because it is covered by the existing entry
“Providing information, news and commentary in the field of travel” in Class
39. 07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
039 Providing a web site that features information on beach
tourism
Item deleted because “information on beach tourism” can
include information about dining, accommodations or recreation and that
information would be in classes other than Class 39.
042 Providing a web site for the electronic storage of digital
photographs and videos
On 01-01-2014, this 08-23-2007 entry was
transferred from Class 39 to Class 42, pursuant to the addition of “Electronic
data storage” to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14.
038 Providing a web site for synchronous and asynchronous
communication and for connection of physicians with their patients regardless
of medical organization or geographic location
On 12-23-10, the
1-17-08 entry was amended to delete the words “that enables communication” and
replaced them with the words “for communicating” to avoid any confusion with
Class 42 services that provide a website featuring technology that
enables.
035 Providing a web site where users can post items for sale
and buy items posted by others in the field of new or used brick, stone and
other building materials
On 03-15-12 this 04-01-10 entry was deleted
because it includes language that could identify a class 42 technology based
service, and the essence of the entry is already covered by other entries
dealing with online classified advertisements.
035 Providing a web site at which fitness professionals and
facilities can post promotional profiles and respond to advertisements for
their services
This 10-25-07 entry was deleted because it includes
language that indicates a 42 technology-based service.
035 Providing a web site featuring business information in the
form of audio and video interviews, transcripts and other educational
materials
12-4-08 - modified to make it clearer that the web site
features business information and is not providing audio and video
presentations as set forth in numerous Class 41 IDs.
035 Providing a web site featuring product ratings of the
consumer goods and services of others in the field of {indicate field of goods
and services}
01-16-2014: Entry status changed from “A” added to “X”
example.
036 Providing a web site featuring the ratings, reviews and
recommendations on stocks, bonds, mutual funds and other financial instruments
posted by users
On 3-15-12, this 09-14-06 entry was modified to
change the wording “where users can post” to the current language. This
change eliminates the confusion of this service with the Class 42 service that
enables users to perform a task at/on a website. The latter is in Class 42
because it is primarily a technology service.
035 Providing a web site featuring the ratings, reviews and
recommendations on products and services for commercial purposes posted by
users
This was transferred from Class 42 - the previous class
indication was a typographical error. On 3-15-12, this 03-08-07 entry was
modified to change the wording “where users can post” to the current language.
This change eliminates the confusion of this service with the Class 42 service
that enables users to perform a task at/on a website. The latter is in Class
42 because it is primarily a technology service.
035 Providing a web site featuring on-line classified
advertisements posted by users
12-10-09 - “that enables users to”
that was in the 7-27-06 entry was changed to “where users can.” This change
eliminates confusion of this service with services in Class 42 that are
primarily technology services that enable users to perform a task. This
service is a means for others to advertise their goods or services for sale.
On 3-15-12, this 03-08-07 entry was modified to change the wording “where
users can post” to the current language. This change eliminates the confusion
of this service with the Class 42 service that enables users to perform a task
at/on a website. The latter is in Class 42 because it is primarily a
technology service.
035 Providing a web site featuring the ratings, reviews and
recommendations on employers and employees and places of employment for use by
employees, employers, business owners, and consumers
On 3-15-12, this
02-30-10 entry was modified to change the wording “where users can post” to
the current language. This change eliminates the confusion of this service
with the Class 42 service that enables users to perform a task at/on a
website. The latter is in Class 42 because it is primarily a technology
service.
035 Providing a web site at which users can offer goods for
sale and buy goods offered by others
On 3-15-12, this 08-06-01 entry
was deleted because it is covered by various entries dealing with online
retail store services.
035 Providing a web site that features an on-line market for
users to list offered or wanted personal and business assets and skills for
hire, rent, sale or auction transacted on the basis of predefined performance
and closing terms and conditions
09-05-2013: Status of entry changed
from “A” added to “X” example.
036 Providing a web site that assists financial professionals
in the management of retirement accounts
On 03-10-2016, this
10-25-2007 entry was deleted because the service activity, “Providing a web
site that assists,” is ambiguous for purposes of determining
classification.
035 Providing a web site to assist customers in locating wood
products and suppliers of wood
On 03-10-2016, this 12-20-2007 entry
was deleted because the service activity, “Providing a website to assist
customers,” is ambiguous for purposes of determining classification.
035 Providing a web site that assists medical professionals
draft a letter of medical necessity or other necessary documentation for
submission to a third party payor on behalf of a patient
On
03-10-2016, this 09-18-2008 entry was deleted because the service activity,
“Providing a website that assists,” is ambiguous for purposes of determining
classification.
000 Providing a website featuring informational,
non-downloadable photographic, audio, and video presentations in the field of
{indicate subject matter of the website} [subject matter will control the
classification of the service]
Note the distinction between this and
the entertainment service corollary in Class 41. Information services, even
when provided via electronic means, are classified according to subject
matter. On 01-01-2014, this 01-07-2010 entry was deleted pursuant to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14, services
involving “providing on-line videos, not downloadable” are classified in Class
41, regardless of the subject matter of the videos.
000 Providing a website featuring information in the field of
{indicate service-related subject matter or nature of information}
[classification depends on subject matter]
For proper classification,
identification must either indicate the nature of information e.g., business
(35), travel (39), health (44) or the service-related subject matter in such a
way that it may be classified, e.g., automobile repair (37), hotel services
(43), hockey games (41). The subject matter should be set forth in specific
terms such that it adequately connects the subject to an activity for accurate
classification. Some subjects are too vague for purposes of classification
(e.g., food, cars, animals).
041 Providing a website featuring online sports training and
training advice and the recording of training and workouts
On
11-12-2015, this 11-27-2008 entry was deleted because the wording “and the
recording of training and workouts” caused confusion. It was replaced by a new
entry “Providing sports training information and advice via a website” in
Class 41.
035 Providing a website featuring on-line classified
advertisements in the field of {indicate the field or subject matter of the
classified advertisements, e.g., construction equipment, construction
materials, etc.}
Providing a website featuring on-line classified
advertisements is acceptable wording; further specification is acceptable, but
is not required.
041 Providing a website featuring entertainment information in
the field(s) of {specify entertainment-related subject matter, e.g., music,
movies, sports, art, etc.} [Subject matter must be entertainment-related to
justify Class 41]
On 12-18-2014, this 01-16-2014 ID was amended to
replace the wording “{indicate subject matter}” with, {“specify
entertainment-related subject matter, e.g., music, movies, art, etc.”} In
addition, the following bracketed information was added to the end of the ID
[Subject matter must be entertainment-related to justify Class 41].
041 Providing a website for entertainment purposes featuring
{indicate format of the posting, e.g., photos, videos, etc.} about {indicate
specific entertainment-related subject matter, e.g., sports competitions,
musical bands, etc.}
On 3-15-12, this 04-29-10 entry was modified to
change the wording “where users can post” to the current language. This change
eliminates the confusion of this service with the Class 42 service that
enables users to perform a task at/on a website. The latter is in Class 42
because it is primarily a technology service. On 02-18-2016, this 03-15-2012
entry was deleted because it is confusing. The nature of the services being
rendered for others is unclear, and the wording “Providing a website for
entertainment purposes...” is misleading as to the justification for
classification. Services are generally classified according to nature of the
activity, not its overall purpose.
041 Providing a website featuring non-downloadable photographs
in the field of {indicate subject matter or field, e.g., automobiles, cats and
dogs, etc.}
05-08-2014: Photography services is classified in Class
41. Therefore, providing non-downloadable photographs are classified in Class
41, regardless of the subject matter of the photographs. However, USPTO policy
requires specification of the subject matter of the photographs. Services
involving leasing the reproduction rights to photographs of others are
classified in Class 45 as legal services. Although prior to 10-29-2015, USPTO
policy required specification of the subject matter of the photographs, the
subject matter is no longer required. Providing a website featuring
non-downloadable photographs is acceptable wording; further specification is
acceptable but is not required.
042 Providing a website featuring on-line non-downloadable
software tools for image editing
5-20-10 - Providing a website
featuring downloadable software for {specify function of the programs} is not
an acceptable identification because it is unclear whether the applicant is
offering goods in the nature of downloadable software in Class 9, or whether
the applicant is offering services in the nature of website hosting in Class
42.
045 Providing a website featuring information on the lifestyle
of being a scientist
On 02-14-13, this 1-1-09 entry was modified by
deleting “content” and inserting “information” because “content,” in this
context, is overbroad and may include downloadable video recordings in Class 9
and on-line journals in Class 41, for example.
045 Providing a website featuring information on how the
geography, severe weather, rugged terrain and vast distances affect the
lifestyle of those trying to make a living in Alaska
On 02-14-13,
this 07-02-09 entry was modified by deleting “content” and inserting
“information” because “content,” in this context, is overbroad and may include
downloadable video recordings in Class 9 and on-line journals in Class 41, for
example.
042 Providing a website featuring on-line non-downloadable
software that enables users to create audio drama series and episodes, write
scripts, audition and assign talent, record and mix audio, publish produced
audio dramas, track and analyze audio drama statistics, advertise and market
audio dramas, and stream and/or download audio dramas
5-20-10 -
Providing a website featuring downloadable software for {specify function of
the programs} is not an acceptable identification because it is unclear
whether the applicant is offering goods in the nature of downloadable software
in Class 9, or whether the applicant is offering services in the nature of
website hosting in Class 42. 04-14-2011: Deleted the 01-29-2010 entry and
replaced it with the new entry: “Providing a website featuring on-line
non-downloadable software that enables users to {specify activities that users
may perform using the software, e.g., design websites, edit digital
photographs, prepare and file tax forms, etc.}” 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
042 Providing a website that gives users the ability to review
various print, photographic, graphic image, and audio and video content and
utilize a custom template to provide input, likes, dislikes, edits, changes,
modifications, opinions, suggestions, and comments and engage in social,
business and community networking
03-20-2014: Entry status changed
from “A” added to “X” example.
042 Providing a website featuring resources, namely,
non-downloadable software for {specify the function of the programs, e.g., for
use in database management, for use as spreadsheet, for word processing, etc.
and, if software is content- or field-specific, the field of use} [this does
not include providing on-line computer games that are played on-line]
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
042 Providing a website for the electronic storage of medical,
training and social records of pets that also allows the records to be shared
with pet sitters, trainers, dog walkers, veterinarians and other pet service
providers
On 01-01-2014, this 02-17-2011 entry was transferred from
Class 39 to Class 42, pursuant to the addition of “Electronic data storage” to
the Nice Classification, Tenth edition, version 2014, effective 1-1-14.
042 Providing a website featuring non-downloadable software
for {specify the function of the programs, e.g., for use in database
management, for use as spreadsheet, for word processing, etc. and, if software
is content- or field-specific, the field of use} [this does not include
providing on-line computer games that are played on-line]
Downloadable computer software for {specify the function of the software,
e.g., use as a spreadsheet, word processing, etc. and, if software is content-
or field-specific, the content or field of use} is in Class 9. Providing a
website featuring downloadable software for {specify function of the programs}
is not an acceptable identification because it is unclear whether the
applicant is offering goods in the nature of downloadable software in Class 9,
or whether the applicant is offering services in the nature of website hosting
in Class 42.
042 Providing a website featuring resources, namely, a website
featuring primarily non-downloadable software for {specify the function of the
programs, e.g., for use in database management, for use as spreadsheet, for
word processing, etc.} [this does not include providing on-line computer games
that are played on-line] and also featuring non-downloadable publications in
the nature of {indicate specific nature of publications, e.g., books,
magazines, brochures, etc.} in the field of {indicate subject matter of the
publications}
When the applicant's website features resources in
multiple classes, e.g., non-downloadable publications in Class 41 and
non-downloadable software in Class 42, the applicant must specify the dominant
resource on the website and list the dominant resource first; the resource
identified as being of primary importance controls the classification of the
services. Also, please note that providing a website featuring downloadable
software for {specify function of the programs} is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable software in Class 9, or whether the applicant is
offering services in the nature of hosting computer software applications of
others in Class 42. 09-05-2013: Entry status changed from “A” added to “X”
example.
042 Providing a website featuring educational information in
the field of clinical research
Clinical research is the study of a
medical treatment or procedure, or a medication, completed in a medical
setting. Clinical research is closely related to clinical trials.
042 Providing a website featuring technology enabling users to
remotely view, monitor, program, operate and control large and small
appliances, electrical systems and security systems in homes, offices and
vehicles
On 08-09-2012, the 05-31-2007 entry was modified by deleting
“On-line system management services that allow users to” and inserting
“Providing a website featuring technology enabling users to” to make clear the
nature of the services and the justification for classifying them in Class
42.
042 Providing a website that gives users the ability to create
customized web pages featuring user-defined profiles
11-17-2011:
While this wording is still acceptable, the 08-07-2008 entry is being deleted
because it is covered by the existing entry “Providing a website that gives
users the ability to create customized web pages featuring user-defined
information” in Class 42. 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
041 Providing a website featuring non-downloadable videos on
inspirational or motivational topics for women
01/07/10 - inserted
the word “non-downloadable” to distinguish it from downloadable digital media
in 9. On 01-01-2014, this 01-07-2010 entry was transferred from Class 45 to
Class 41, pursuant to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14, services involving “providing on-line videos, not
downloadable” are classified in Class 41, regardless of the subject matter of
the videos.
044 Providing a website featuring information about health,
namely, hepatitis awareness, diagnosis and information about screening and
treatment
01-16-2014: Entry status changed from “A” added to “X”
example.
044 Providing a website featuring information regarding
healthy living and lifestyle wellness
On 02-14-13, this 08-06-09
entry was modified by deleting “content” and inserting “information” because
“content,” in this context, is overbroad and may include downloadable video
recordings in Class 9 and on-line journals in Class 41, for example.
044 Providing a website via a global computer network
featuring information in the fields of health, cancer, cancer recovery and
survival
On 02-14-13, this 12-17-09 entry was modified by deleting
“and comprehensive content” because “content,” in this context, is overbroad
and may include downloadable video recordings in Class 9 and on-line journals
in Class 41, for example.
042 Providing a website featuring technology that enables
users to list, share and view information describing the geographic location
of various interests of the user
On 3-17-2011 the 1-21-2010 entry was
deleted from the Manual. This entry was replaced with an entry that contains a
fill-in section for the specific activity enabled by the technology
service.
041 Providing a website featuring non-downloadable videos in
the field of {indicate field or subject matter of videos}
On
01-01-2014, this 03-03-2011 entry “Providing a website featuring
non-downloadable videos in the field of {indicate field or subject matter of
videos - this information will control the classification of the service}” was
amended to “Providing a web site featuring non-downloadable videos in the
field of {indicate field or subject matter of videos}” and was transferred
from Class 000 to Class 041, pursuant to the Nice Classification, Tenth
edition, version 2014, effective 1-1-14, services involving “providing on-line
videos, not downloadable” are classified in Class 41, regardless of the
subject matter of the videos.
041 Providing a website featuring non-downloadable game
software
For classification purposes, Providing a website featuring
non-downloadable game software is the equivalent of providing online games in
Class 41 under the current USPTO ID policy.
041 Providing a website featuring academic information in the
field of biblical worldview education for the purpose of academic study
On 8-25-2011, this 11-25-2010 entry was deleted because the subject
matter is too specific to be of use to a broad range of applicants. On
08-08-2013, the previously deleted entry was modified by inserting the wording
“academic” and “for the purpose of academic study” to make clear the nature of
the services. Additionally, the status of this entry was changed from “D”
Deleted to “X” Example to indicate that it is an example of acceptable wording
under current USPTO policy.
041 Providing a website featuring resources, namely, a website
featuring primarily non-downloadable publications in the nature of {indicate
specific nature of publications, e.g., books, magazines, brochures, etc.} in
the field of {indicate subject matter of the publications} and also featuring
non-downloadable software for {specify the function of the software programs,
e.g., database management, word processing, etc.}
When the
applicant's website features resources in multiple classes, e.g.,
non-downloadable publications in Class 41 and non-downloadable software in
Class 42, the applicant must specify the dominant resource on the website and
list the dominant resource first; the resource identified as being of primary
importance controls the classification of the services
041 Providing a website featuring resources, namely,
non-downloadable publications in the nature of {indicate specific nature of
publications, e.g., books, magazines, brochures, etc.} in the field of
{indicate subject matter of the publications}
Providing a website
featuring specific types of downloadable publications is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable publications in Class 9 or services in the
nature of website hosting in Class 42.
041 Providing a website featuring information in the fields of
education and entertainment for children
5-20-10 - the 1/8/09 ID was
amended to insert “information in the fields of.” An education service is
always required to indicate the form of education, e.g., classes, seminars,
workshops, etc. But this entry is for providing information about education
and entertainment and is not an education activity itself.
041 Providing a website featuring non-downloadable
publications in the nature of {indicate specific nature of publication, e.g.,
books, magazines, brochures, etc.} in the field of {indicate subject matter of
the publication}
Downloadable electronic publications in the nature
of {indicate specific nature of publication} in the field of {indicate subject
matter of the publication} are in Class 9. Providing a website featuring
specific types of downloadable publications is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable publications in Class 9, or whether the
applicant is offering services in the nature of website hosting in Class
42.
041 Providing a website at which senior citizens can submit
for judging in a talent contest audio and video of performances showcasing
their talent
This 10-29-09 entry was deleted because it includes
language that encompasses a class 42 technology-based service
041 Providing a website featuring non-downloadable videos
featuring scientific information in the field of climate change
On
01-01-2014, this 03-26-2009 entry was transferred from Class 042 to Class 041
pursuant to the Nice Classification, Tenth edition, version 2014, effective
1-1-14, services involving “providing on-line videos, not downloadable” are
classified in Class 41, regardless of the subject matter of the videos.
042 Providing a website that gives users the ability to
purchase downloadable music
7-2-09 This is a programming service that
provides the technological ability to do this - it is not a retail service for
downloadable music.
041 Providing a website featuring non-downloadable videos in
the field of {indicate type, e.g., truck, train, air} transportation
On 01-01-2014, this 07-26-2012 entry was transferred from Class 039 to Class
041. Pursuant to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14, services involving “providing on-line videos, not
downloadable” are classified in Class 41, regardless of the subject matter of
the videos.
041 Providing a website featuring non-downloadable videos in
the field of financial planning
On 01-01-2014, this 03-26-2009 entry
was transferred from Class 036 to Class 041. Pursuant to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14, services
involving “providing on-line videos, not downloadable” are classified in Class
41, regardless of the subject matter of the videos.
039 Providing a website featuring information on travel
11-17-2011: While this wording is still acceptable, the 11-26-2009 entry
is being deleted from the Manual because it is covered by the existing entry
“Providing a website featuring information in the field of {indicate
service-related subject matter or nature of information} classification
depends on subject matter]” in Class 000. 09-19-2013: Acceptable entry status
changed from “D” deleted to “X” example.
039 Providing a website featuring information on animal rescue
services
10-27-2011: Deleted the 06-18-2009 entry because the subject
matter is overbroad and includes services in multiple classes. Information
services are generally classified according to subject matter, and “animal
rescue services” includes services in Class 39, 43, and 45.
042 Providing a website for the electronic storage of
{indicate subject matter}
On 01-01-2014, this 03-17-2011 entry was
transferred from Class 39 to Class 42, pursuant to the addition of “Electronic
data storage” to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14.
035 Providing a website featuring information on multi-level
marketing business services
1-1-2012 While this wording is still
acceptable, this entry of 3-18-2010 has been deleted from the Manual because
the classification principle relating to classifying information services
according to subject matter is covered in the General Remarks of the Nice
Agreement, and it is also well-established in the Manual.
035 Providing a website featuring content on news relating to
philanthropy marketing strategies, covering monetary giving trends and
statistics, volunteer/career opportunities and best practices for successful
digital philanthropy efforts
1-1-2012 While this wording is still
acceptable, this entry of 1-14-2010 has been deleted from the Manual because
the classification principle relating to classifying information services,
whether provided via website or otherwise, according to subject matter is
covered in the General Remarks of the Nice Agreement, and it is also
well-established in the Manual. 10-03-2013: Acceptable entry status changed
from “D” deleted to “X” example.
035 Providing a website featuring information and links
relating to the music industry, namely, promotion, marketing and business
advice to musicians
1-1-2012 While this wording is still acceptable,
this entry of 12-31-2009 has been deleted from the Manual because the
classification principle relating to classifying information services
according to subject matter is covered in the General Remarks of the Nice
Agreement, and it is also well-established in the Manual. The service of
providing links is classified in the same manner, as illustrated in the
Manual.
035 Providing a website featuring products and services
ratings of others in the field of home contract services recommended by
consumers
01-16-2014: Entry status changed from “A” added to “X”
example.
035 Providing a website featuring information about political
issues
09-20-11 Services related to politics are in Class 35 because
the main purpose of political activity is the promotion of the interests of a
particular group. The service of promoting the interests of a group is in
Class 35. Additionally, political elections, can be likened to a taking a
public opinion poll (a Class 35 service) since the underlying activity is that
of polling the voters get their opinions on who should hold a particular
office.
035 Providing a website featuring information for consumers in
the field of pet food, pet treats and pet toys for particular pet breeds
01-16-2014: Entry status changed from “A” Added to “X” Example.
035 Providing a website at which customers can manage account
information related to telecommunications products and services
On
3-15-12, this 09-25-08 entry was deleted because it includes language that
could identify a class 42 technology-based service.
035 Providing a website featuring a searchable database of
investors for use by inventors
On 3-3-11, the 7-8-10 ID was amended
from “providing a website enabling inventors to search for investors” to the
current ID so there is no confusion with “providing a website featuring
technology that enables inventors to search for investors, which is a
technology service classified in Class 42. On 3-15-12, this entry was further
modified change the wording “at which” to the current language. This change
eliminates the confusion of this service with the Class 42 service that
enables users to perform a task at/on a website. The latter is in Class 42
because it is primarily a technology service.
035 Providing a website featuring the ratings, reviews and
recommendations posted by consumers on restaurants, food and wine for
commercial purposes
On 3-15-12, this 04-29-10 entry was modified to
change the wording “where users can post” to the current language. This
change eliminates the confusion of this service with the Class 42 service that
enables users to perform a task at/on a website. The latter is in Class 42
because it is primarily a technology service.
035 Providing a website featuring a list of items and services
available for rent by others
On 3-15-12, this 07-02-09 entry was
modified to change the wording “where users can post” to the current language.
This change eliminates the confusion of this service with the Class 42 service
that enables users to perform a task at/on a website. The latter is in Class
42 because it is primarily a technology service.
035 Providing a website featuring company profiles
entrepreneurs can use to attract venture capital
On 3-15-12, this
05-28-09 entry was modified to change the wording “at which entrepreneurs
post” to the current language. This change eliminates the confusion of this
service with the Class 42 service that enables users to perform a task at/on a
website. The latter is in Class 42 because it is primarily a technology
service.
042 Providing a website that enables users to subscribe to
coaching, mentoring, and/or educational services and to enable users to author
and publish instructional content for others
On 05-05-2016, this
11-26-2009 entry was deleted because it caused confusion. This entry is no
longer acceptable. The identification could encompass a variety of services,
such as providing a website featuring technology that enables users to
{specify the task capable of being performed using the website technology,
e.g., upload and share videos, vote for their favorite musical artist, etc.}
in Class 42, and providing a subscription-based mentoring services via a
website in Class 41, but the wording is not clear.
044 Providing a website featuring information in the field of
{indicate type of health information, e.g., cardiovascular, mental, etc.}
health
Providing health information is acceptable wording; further
specification is acceptable, but it is not required.
041 Providing a web-based system and on-line portal for
customers to participate in on-line gaming, operation and coordination of game
tournaments, leagues and tours for recreational computer game playing
purposes
10-03-2013: Entry status changed from “A” added to “X”
example. On 10-09-2014, this 03-26-2009 entry was modified by inserting “for
recreational computer game playing purposes” to make clear that “gaming” in
this context refers to computer game playing, and not gambling.
042 Providing a web-based service featuring technology that
enables users to manage the production and publication of electronic books
(e-books) and related digital content and offer them for sale to the general
public
12-10-09 - “that enables the management of” in the entry of
2-1-07 changed to “featuring technology that enables users to manage” and
transferred from Class 35. This is the provision of technology that enables
others to perform a task and this service is in Class 42.
035 Providing a web-based system and online portals in the
field of consumer-to-business commerce for consumers to enter, manage and
modify their consumer preference information for use by merchants to create
and manage offers for delivery to consumers
On 03-03-2016, this
07-16-2009 entry was deleted because it is unclear whether this is a
technology service only that enables consumers to enter, manage and modify
consumer preference information in Class 42 or is a content-based portal
service featuring consumer preference information in Class 35.
035 Providing a web-based on-line portal that provides
customer access to their electric bill account information, energy usage
pattern information, and energy consumption and usage data, for purposes of
utility account business management and energy usage management
On
03-03-2016, this 09-30-2010 entry was deleted because it is unclear if this is
a telecommunication access service in Class 38 or a content-based portal
featuring electric bill account information, etc. for purposes of utility
account business management and energy usage management in Class 35.
038 Providing access to the Internet
These services
are those of ISPs (Internet service providers) and encompass only those
services relating to telecommunication connectivity to the Internet. This
language does not cover services of Internet content providers
035 Providing advertising, marketing and promotional services
for the pharmaceutical and medical products of others
1-1-2012 While
this wording is still acceptable, this entry of 2-1-2006 has been deleted from
the Manual because the wording is specific, and because the classification
principle is covered by the existing entry “Advertising, marketing and
promotion services” in Class 35. 10-03-2013: Acceptable entry status changed
from “D” deleted to “X” example.
035 Providing advertising, marketing and promotional services
for the pharmaceutical and medical industry
1-1-2012 While this
wording is still acceptable, this entry of 2-1-2006 has been deleted from the
Manual because the wording is specific, and because the classification
principle is covered by the existing entry “Advertising, marketing and
promotion services” in Class 35. 09-26-2013: Acceptable entry status changed
from “D” deleted to “X” example.
035 Providing advertising and advertisement services
On 05-26-2011, this 04-30-2009 entry was deleted because it is so similar to
“advertising services” which already exists in the Manual. On 07-04-2013, the
status of this acceptable entry was changed from “D”-Deleted to “A”-Added; the
effective date of 04-30-2009 was restored.
035 Providing advertising services
On 5-26-2011, this
3-26-2011 entry was deleted because it is covered by an existing Manual entry,
“Advertising services” 09-26-2013: Acceptable entry status changed from “D”
deleted to “X” example.
035 Providing advertising service to distribute advertisements
for display on Internet, namely, in websites, social conversations over the
Internet, e-mails, microblogs, blogs, electronic messages, instant messages,
text messages, multimedia messages, social networks, status updates, forums,
electronic bulletin boards
On 5-26-2011, this 5-21-2009 entry was
deleted because it is too wordy and not helpful to a broad range of
customers.
041 Providing after school educational programs for children
in grades {indicate grade range of attendees} and play facilities for
children
On 8-25-2011, this 6-3-2010 entry was deleted because the
entry is too specific to be of use to a broad range of applicants. On
06-27-2013, the status of this entry was changed from “D” to “X” to indicate
that it is an example of acceptable wording under current USPTO policy.
041 Providing after school educational programs in the field
of {indicate subject matter} and play facilities for children
10-24-2013: Entry status changed from “A” added to “X” example.
039 Providing aircraft parking
Aircraft parking
refers to a place for long or short term parking of flying vehicles, other
than a hangar.
041 Providing amusement facilities
06-27-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. Amusement facilities
serve an entertainment or recreational purpose. Therefore, providing amusement
facilities is classified in Class 41.
041 Providing an educational website in the fields of music
and entertainment
On 8-25-2011, this 4-22-2010 entry was deleted
because providing an “educational website” in the field of entertainment is
unclear as to whether it is an information service. Another entry in the
Manual, “Providing a website featuring educational information in the field of
{indicate subject matter of information} [subject matter of website determines
classification] is clearer.
045 Providing an inspirational and motivational web site, the
purpose of which is to provide information about the benefits of laughter,
facilitate smiling and laughing, spread messages of hope, celebrate life,
raise awareness about suicide prevention and offer support to survivors of
suicide
09/24/2015: This entry of 10/9/2008 was deleted. Providing a
website is not a service. The purpose of a website does not justify
classification. The activities conducted on the website, for example,
providing information or featuring non-downloadable software, must be
indicated to determine proper classification.
045 Providing an interactive web site that facilitates the
issuance, registry, and verification of press credentials
On
04-02-2015, this 03-04-2010 entry was deleted because it is indefinite and
overbroad and may encompass professional or personal credential information
services in Class 35 or Class 45, and computer technology services in Class
42. This wording is no longer acceptable under USPTO ID policy.
045 Providing an interactive web site featuring personal
background credential information for users to verify credentials of
others
On 04-02-2015, this 12-13-2007 entry was modified by replacing
“that facilitates the verification of a person's background credentials ” with
“featuring personal background credential information for users to verify
credentials of others” to make clear the nature of the services in Class
45.
035 Providing an interactive web site featuring resume writing
information to facilitate preparation of resumes
On 04-02-2015, this
12-13-2007 entry was modified by replacing “that facilitates the” with
“featuring resume writing information to facilitate” to make clear the nature
of the services. 12-17-2015 - The original wording of the ID, “Providing an
interactive web site that facilitates the preparation of resumes,” is no
longer acceptable.
044 Providing an interactive holistic web site featuring
health information and patient initiated, patient authorized, fee-for-service,
holistic approach distance healing sessions based on the patient's specific
set of symptoms, medical profile and medical record analysis and patient
benefit information concerning organic and holistic products and services
11-28-2013: Entry status changed from “A” added to “X” example.
042 Providing an interactive computer database in the field of
{indicate subject matter}
The service of providing a data base is
classified in the service class of the subject matter, e.g., providing a
database in the field of financial information would be classified in Class
36.
042 Providing an interactive web site featuring technology
that enables users to enter, access, track, manage, monitor, and generate
information and reports regarding their in-house building cleaning
programs
On 08-09-2012, the 07-23-2009 entry was modified by
inserting the words “featuring technology” to make clear the justification for
classifying the services in Class 42 and to make it consistent with the
guidance in the Manual.
042 Providing an interactive web site featuring technology
that enables users to enter, access, track, monitor and generate health and
medical information and reports
On 08-09-2012, the 10-30-2008 entry
was modified by inserting the words “featuring technology” to make clear the
justification for classifying the services in Class 42 and to make it
consistent with the guidance in the Manual.
042 Providing an interactive website featuring technology that
allows users to {indicate functions or tasks that the technology enables}
These services are classified in International Class 42 because providing
technology that enables users to perform an activity is a technology service.
These services are not classified based on the subject matter of the activity
performed
039 Providing an interactive computer database in the field of
tourism via a global computer network
Item deleted because “the field
of tourism” can include information about dining, accommodations or recreation
and that information would be in classes other than Class 39.
035 Providing an interactive website for users to review and
rate internet content, people, companies, products and/or services in exchange
for points earned for promotional items consisting of coupons, rebates,
discounts or special offerings on goods and/or services provided by website
sponsors
On 1-17-2013, this 12-13-2007 entry was modified, for
clarity, from “An interactive web site for users to review and rate internet
content, people, companies, products and/or services utilizing a software
application to award points whereby web site users are eligible to exchange
points earned for promotional items consisting of coupons, rebates, discounts
or special offerings on goods and/or service provided by web site sponsors” to
the above entry, because the wording “utilizing a software application to
award points” was being confused with technology services in Class 42.
035 Providing an interactive web site for operators of
commercial climbing facilities to operate and manage a commercial climbing
facility
On 06-27-2013, this 11-20-2008 entry was deleted because it
is indefinite and may include computer technology services in Class 42.
041 Providing an Internet website portal featuring
entertainment news and information specifically in the field of {specify
entertainment-related subject matter, e.g., music, movies, sports, art, etc.}
[Subject matter must be entertainment-related to justify Class 41]
On
12-11-2014, this 03-14-2013 ID was amended to replace the wording “{indicate
subject matter,” with, “{specify entertainment-related subject matter.” In
addition, the following bracketed information was added to the end of the ID
[Subject matter must be entertainment-related to justify Class 41].
000 Providing an Internet website portal featuring {indicate
subject matter of portal}[classification depends on subject matter]
The classification of the services will vary depending upon the subject matter
of the portal. This entry does not appear in the TEAS Plus version of the ID
Manual because a class number cannot be assigned to this entry as it appears
in the Manual.
035 Providing an internet-based database of patient medical
information designed to facilitate patient-authorized, HIPAA-compliant sharing
and maintenance of patient medical information amongst a patient's doctors
such that this information can be directly inserted into the doctor's medical
reports as a means of increasing medical record generation efficiency and
accuracy
08-29-2013: Entry status changed from “A” added to “X”
example. On 10-02-2014, this 01-17-2008 entry was deleted because it is
confusing, and may include database services featuring medical information in
Class 44 or computer technology-provision services in Class 42.
044 Providing an internet website for medical professionals
and medical patients featuring medical information from remote locations via
electronic patient monitoring devices that feed in formation to the web site
that can be accessed in real-time by medical professionals for purposes of
monitoring and diagnosing medical conditions
On 2-17-11, the
4-19-2007 ID was amended to better clarify that the services are classified in
Class 44.
044 Providing an internet website for medical professionals
and medical patients featuring medical information from remote locations via
devices that feed information to the website that is processed, exchanged and
accessed in real-time by users
On 2-17-11, the 11-15-2007 ID was
amended to better clarify that the services are classified in Class 44.
044 Providing an internet web site for medical professionals
and medical patients featuring information relating to sleep apnea and related
diagnostic data input from remote locations via electronic patient monitoring
devices that feed information to the web site for use by medical professionals
for purposes of monitoring and diagnosing medical conditions
On
02-17-2011, the 10-8-2009 ID was amended to better clarify that the services
are classified in Class 44. 09-05-2013: Entry status changed from “M” modified
to “X” example.
035 Providing an internet web site for classified advertising
to buy and sell Ukrainian related wares, art, antiques, books, embroidery,
costumes, collectibles, instruments, memorabilia and other one-of-a-kind
items
On 5-26-2011, this 8-7-2008 entry was deleted because it is too
specific to be helpful to a broad range of customers. 07-11-2013: Status of
acceptable entry changed from “D” - Deleted to “X” - Example.
035 Providing an internet web site to advertise services of
interest to the Ukrainian community in the United States of America and Canada
and to advertise services provided by individuals of Ukrainian origin
On 5-26-2011, this 8-7-2008 entry was deleted because it is too specific to be
helpful to a broad range of customers. 09-26-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Providing an internet web site to promote events relating
to the Ukrainian community in the United States of America and Canada by means
of an online events calendar
On 5-26-2011, this 8-7-2008 entry was
deleted because it is too specific to be helpful to a broad range of
customers. 09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Providing an in-person {specify business, commercial,
promotional, advertising} forum in the field of {indicate subject matter or
field}
In-person forums are in-person events or meetings. In-person
forums for business, commercial, promotional or advertising purposes are in
Class 35. In-person forums for cultural, educational, entertainment or
sporting purposes are in Class 41. Online forums are in Class 38 because they
are communication services.
041 Providing an in-person {specify cultural, educational,
entertainment, sporting} forum in the field of {indicate subject matter or
field}
In-person forums are in-person events or meetings. In-person
forums for business, commercial, promotional or advertising purposes are in
Class 35. In-person forums for cultural, educational, entertainment or
sporting purposes are in Class 41.Online forums are in Class 38 because they
are communication services.
037 Providing an online computer database featuring technical
information about the installation and maintenance of automotive parts and
their accessories
On 1-28-2016, this 4-1-2010 entry was amended from
“Providing an online computer database featuring technical information about
automotive parts and accessories and their installation and maintenance” to
“Providing an online computer database featuring technical information about
the installation and maintenance of automotive parts and their accessories” to
clarify that the technical information provided was about Class 37
installation and maintenance issues only.
041 Providing an online monthly column spotlighting women
attorneys of color
06-17-10 Deleted the Note indicating that
applicants using this identification must provide evidence that the monthly
columns are syndicated because the Note was incorrect. Applicants are not
required to show that the monthly columns are syndicated because the provision
of an online monthly column is a service.
035 Providing an online marketing collaboration network for
social media and online marketing professionals for the purpose of syndicating
content through the network to be shared by others
1-1-2012 This
entry of 2-24-2011 has been deleted from the Manual because the nature and
purpose of the services is not clear and may include telecommunications
services in Class 38 and computer technology services in Class 42, among other
things.
042 Providing an on-line network environment featuring
technology that enables users to share data in the field of {indicate subject
matter, field or type of data}
On 02-27-2014, the 06-18-2009 entry
for “Providing an online network service that enables users to share data in
the field of {indicate subject matter, field or type of data}“ was amended to
the current wording to clarify the nature of the technology provision service.
“Providing an on-line network environment that features technology that
enables users to share data“ is an acceptable identification; further
clarifying the particular field is permissible but not required.
035 Providing an on-line searchable database featuring
political information on election campaigns
On 3-15-12, this 02-07-08
entry was modified to change the wording “at which” to the current language.
This change eliminates the confusion of this service with the Class 42 service
that enables users to perform a task at/on a website. The latter is in Class
42 because it is primarily a technology service. On 06-11-2015, the
03-15-2012 entry “Providing an on-line searchable database featuring
information on political campaigns” was modified to “Providing an on-line
searchable database featuring political information on election campaigns” to
make clear the subject matter of the information and the justification for
classifying the services in Class 35.
000 Providing an on-line computer database in the field of
{indicate specific service-related field} [class depends on service-related
subject matter of database]
The class for this entry is indicated as
000 because providing databases is a service that is classified in the service
class of the subject matter of the database; e.g., providing a database in the
field of financial information is classified in Class 36. The subject matter
should be set forth so that it connects the content to a service for accurate
classification.
042 Providing an on-line bulletin board in the field of
{indicate specific field} (Computer services, namely)
This service
was transferred to Class 38. The transfer is supported by the 8th edition of
the Nice Agreement. The subject matter or field should be indicated in general
terms for purposes of determining likelihood of confusion.
044 Providing an on-line, patient-initiated,
patient-authorized, fee-for-service, medical profile and medical record
analysis service designed to provide patients with custom tailored information
about the range of possible diagnoses and therapies associated with a defined
set of symptoms
09-05-2013: Entry status changed from “A” added to
“X” example.
045 Providing an on-line searchable database featuring pet
adoption organizations and pets available for adoption
11-17-2011:
While this wording is still acceptable, the 11-01-2007 entry is being deleted
from the Manual because it is covered by the existing entry “Providing an
on-line searchable database featuring {indicate specific service-related
subject matter or field} [classification depends on the service-related
subject matter of the database]” in Class 000. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
041 Providing an on-line computer game in the field of
{indicate specific field or subject matter}
Providing online computer
games is an acceptable identification in Class 41. Further specification is
permissible, but not required.
041 Providing an on-line computer database in the field of
history, namely, providing a searchable history database, focusing on the 15th
century forward, including world history, military history, women's history,
history of education, and featuring a bibliographic index of world history
serial works, full text academic historical journals, periodical articles,
reference books, primary source documents, monographs, biographies, images,
and related to all aspects of history
On 8-25-2011, this 1-13-2011
entry was deleted because the subject matter is too specific to be of use to a
broad range of applicants. 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example.
041 Providing an on-line computer database in the field of
culture and history, namely, providing a searchable database, focusing on
prehistory to the present, featuring bibliographical records, full text
journals, reference books, periodical articles, primary source documents,
monographs, biographies, images, and abstracts in English of articles
published in more than forty languages, related to all aspects of American and
Canadian history
11-17-2011: While this wording is still acceptable,
the 01-13-2011 entry is being deleted from the Manual because it is covered by
the existing entry “Providing an on-line searchable database featuring
{indicate specific service-related subject matter or field} [classification
depends on the service-related subject matter of the database]” in Class 000.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Providing an on-line publication in the nature of an
interactive encyclopedia in the field of {indicate field or subject matter}
[not downloadable]
5-20-10 - Providing a website featuring specific
types of downloadable publications is not an acceptable identification because
it is unclear whether the applicant is offering goods in the nature of
downloadable publications in Class 9 or services in the nature of website
hosting in Class 42.
039 Providing an on-line computer database in the field of
travel information services
11-17-2011: While this wording is still
acceptable, the 02-09-2007 entry is being deleted from the Manual because it
is already covered by the existing entry “Providing an on-line computer
database in the field of {indicate specific service-related field} [class
depends on service-related subject matter of database]” in Class 000.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
038 Providing an on-line forum for {indicate field or subject
of forum}
08-18-2011: An on-line forum is a means for communication.
On-line forums are not classified by subject matter. Specification of the
subject matter is acceptable but it is not required.
035 Providing an on-line searchable database featuring
employment opportunities and content about employment relevant to people 50
years of age and older
2-12-2009: The wording “about employment” was
added after “content” to the original 05-03-2007 entry to limit subject matter
of database to Class 35. 11-17-2011: While this wording is still acceptable,
the 02-12-2009 entry is being deleted from the Manual because it is covered by
the existing entry “Providing an on-line searchable database featuring
{indicate specific service-related subject matter or field} [classification
depends on the service-related subject matter of the database]” in Class 000.
09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Providing an on-line directory information service
featuring information regarding {indicate field or subject matter of
information provided}
1-14-10 - The subject matter must be a service
or goods that would reasonably be included in a directory. It is not a means
of providing information. A subject matter such as “life style” would not be
appropriate in an on-line directory. On 10-10-2013, this 09-28-2006 entry was
deleted because it is ambiguous and does not clearly indicate the business
nature of the information to justify classification in Class 35. This entry
has caused confusion with general information services that are classified
according to subject matter, and is therefore being deleted. Business
directory services are already covered by existing Manual entries, including,
“On-line business directories featuring {indicate subject matter, e.g.,
restaurants and bars} [on-line listing, not on-line publication]” in Class
35.
035 Providing an on-line searchable database featuring
employment opportunities and content about employment relevant to {indicate
subject matter}
11-17-2011: While this wording is still acceptable,
the 01-21-2010 entry is being deleted from the Manual because it is covered by
the existing entry “Providing an on-line searchable database featuring
{indicate specific service-related subject matter or field} [classification
depends on the service-related subject matter of the database]” in Class 000.
09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Providing an on-line searchable database featuring
employment opportunities and content about employment
11-17-2011:
While this wording is still acceptable, the 01-21-2010 entry is being deleted
from the Manual because it is covered by the existing entry “Providing an
on-line searchable database featuring {indicate specific service-related
subject matter or field} [classification depends on the service-related
subject matter of the database]” in Class 000. 09-26-2013: Acceptable entry
status changed from “D” deleted to “X” example.
035 Providing and updating an index of securities values,
taking into account selected factors including employment, community support,
strategic engagement, procurement criteria, products, services, marketing and
environment
1-1-2012 While this wording is still acceptable, the
7-16-2009 entry has been deleted because the wording is very specific, and
because it is covered by the new entry “Providing and updating a financial
index” in Class 35.
035 Providing and updating a financial index of securities
values and classification, analysis, and reporting thereof
04-07-2016: Providing and updating a financial index is classified in Class 35
based on the Explanatory Note of the Nice Classification for Class 35 which
includes “services consisting of the ... composition, compilation or
systematization of written communications and registrations, and also the
compilation of mathematical or statistical data.”
035 Providing and updating a financial index
04-07-2016: Providing and updating a financial index is classified in Class 35
based on the Explanatory Note of the Nice Classification for Class 35 which
includes “services consisting of the ... composition, compilation or
systematization of written communications and registrations, and also the
compilation of mathematical or statistical data.”
041 Providing aquarium facilities to the public
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, aquariums serve entertainment and educational purposes. Therefore,
providing aquarium facilities to the public is classified in Class 41.
043 Providing assistance to senior citizens seeking to
determine assisted living facilities appropriate for their needs
06-20-2013 - Assisted living facility services are classified in Class 43 as
“temporary accommodations,” see the Class 43 Heading. Services involving
provision of assistance to senior citizens seeking appropriate assisted living
facilities are classified in Class 43 as “services provided to obtain bed and
board in...establishments providing temporary accommodation.”
043 Providing assisted living facilities
This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Providing audio and video monitoring of premises for
businesses and governmental agencies for security purposes
On
08-09-2012, the 02-05-2009 entry was modified by inserting “for security
purposes” to make clear the nature of the services and the justification for
classifying them in Class 45.
039 Providing automated check-in and ticketing services for
air travelers
11-17-2011: The Class 39 Explanatory Note says that
this class includes, in particular, “services connected with the functioning
of airports,” which justifies including these services in Class 39.
042 Providing automobile drivers with information and
databases about {indicate specific subject matter, e.g. weather forecasts,
motels, stock quotes} via an electronic radio
Identification too
broad due to the restructuring of Class 42 in the 8th edition of the Nice
Agreement. Subject matter must be specified and classified appropriately.
042 Providing a/an {specify computer or electronic} bulletin
board in the field of {indicate subject matter}
This service was
transferred to Class 38. The transfer is supported by the 8th edition of the
Nice Agreement. The subject matter or field should be indicated in general
terms for purposes of determining likelihood of confusion.
043 Providing banquet and social function facilities for
special occasions
This entry was transferred from Class 42 to Class
43 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement. 06-20-2013 - Banquet and social function
facilities are general purpose facilities, which may be used by the temporary
occupants for a variety of purposes such as wedding receptions, retirement
parties, or business networking events. Although services involving provision
of general purpose facilities, such as convention centers and exhibition
halls, are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose, e.g., providing facilities for business meetings in Class
35; providing sports facilities in Class 41.
044 Providing beauty care information on how aunts can pamper
and treat themselves
On 01-16-2014, the status of this 06-10-2010
entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording. 07-28-2016 - Providing beauty care information is
acceptable wording; further specification is acceptable, but is not
required.
045 Providing both in-person and on-line holistic spiritual
counseling services
11-28-2013: Entry status changed from “A” added
to “X” example.
035 Providing business advice and information in the field of
{indicate field or subject matter}
Providing business advice and
information is acceptable wording in Class 35; further specification of the
field or subject matter of the business advice and information is acceptable,
but it is not required.
035 Providing business advice in the field of {indicate field
or subject matter}
Providing business advice is acceptable wording in
Class 35; further specification of the field or subject matter of the business
advice is acceptable, but it is not required.
035 Providing business and commercial information in the field
of business travel management and the business travel industry
11-10-2011: While this wording is still acceptable, the 11-01-2004 entry is
being deleted because it is covered by the existing entries “Providing
business information in the field of {indicate specific subject matter}” and
“Providing commercial information in the field of {indicate subject matter}”
in Class 35. 09-26-2013: Acceptable entry status changed from “D” deleted to
“X” example.
035 Providing business feasibility studies for property
self-storage businesses
11-28-2013: Entry status changed from “A”
added to “X” example.
035 Providing business information in the field of {indicate
specific subject matter}
11-10-2011: Amended the 01-02-1997 entry by
inserting “Providing” to clarify the nature of the services.
035 Providing business information in the field of social
media
Social media is a broad catch-all term for a variety of
Internet applications enabling users to create content and interact with each
other. Examples of social media include online forums, blogs, wikis, and
social networking websites. Because the term includes a diverse group of
services, the subject matter social media is too broad for classification
purposes, i.e., Information and consulting in the field of social media is
indefinite and overbroad, and it must be clarified.
035 Providing business marketing information
No
longer a trilateral entry as of 6-28-07 but still acceptable in the USPTO.
1-1-2012 While this wording is still acceptable, the 6-1-2001 entry has been
deleted from the Manual because the classification principle relating to
classifying information services according to subject matter is covered in the
General Remarks of the Nice Agreement, and it is also well-established in the
Manual. 09-19-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Providing business planning and marketing solutions for
real estate professionals
1-1-2012 While this wording is still
acceptable, the 12-17-2009 entry has been deleted from the Manual because the
classification principles are covered by the existing entry “Business
planning” and the new entry “Providing marketing services for {indicate
specific group or commercial/industrial field, e.g., real estate
professionals, the aviation industry, etc.}” in Class 35. 10-24-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Providing campground facilities
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
035 Providing career information
This service
provides information about what careers are available in certain fields. It
does not include providing information concerning training as to what one has
to do to engage in that career. That is covered by career counseling in Class
41. 5-24-07 - The means by which the information is provided has been deleted
from the ID. It is not necessary for understanding the service or its
classification.
035 Providing career information in the field of {specify
field, e.g., nursing, engineering, information technology, etc.}
This
service provides information about what careers are available in certain
fields. It does not include providing information concerning training as to
what one has to do to engage in that career. That is covered by career
counseling in Class 41
045 Providing case management services, namely, coordinating
legal, medical, physical, social, personal care and psychological services for
{indicate specific group or individual, e.g., children, disabled persons, the
elderly, etc.}
Providing case management services, namely,
coordinating legal, medical, physical, social, personal care and psychological
services is acceptable in Class 45; further specifying the intended consumer
is acceptable, but is not required.
045 Providing case management services, namely, coordinating
legal, physical, social and psychological services for disabled persons
09-05-2013: Entry status changed from “A” added to “X” example.
036 Providing cash and other rebates for credit card use as
part of a customer loyalty program
04-21-2011: This service involves
the payment of money in the form of cash and rebates as part of a customer
loyalty program. Because there is actual transfer of funds involved, it is in
36 - not 35.
041 Providing casino facilities
06-20-2013 - Although
services involving provision of general purpose facilities, such as convention
centers and exhibition halls, are classified in Class 43, services involving
provision of specialized facilities/facilities for a particular purpose are
classified according to the intended purpose. In this case, casino gaming
serves an entertainment or recreational purpose. Therefore, providing casino
facilities is classified in Class 41.
043 Providing child care for {indicate for whom the child care
is provided, e.g., special needs children, infants, primary-school-aged
children, etc.}
This service encompasses only temporary care of a
child at a location other than the home.
043 Providing child care centers
This service
encompasses only temporary care of a child at a location other than the home.
On 10-6-2011, this 1-1-2002 entry was amended from “Child care centers” to
“Providing child care centers” for clarity
041 Providing classroom instruction at the {indicate specific
educational level, e.g., kindergarten, pre-school, etc.} level using {indicate
type, e.g., religious, military, Reggio Emilia, etc.} principles
Specification of the type of educational principles applied to a particular
educational service is acceptable, but it is not required. If the type of
educational principle is indicated, a registered trademark should not be used
in the identification. See TMEP §1402.09.
035 Providing commercial information in the field of {indicate
subject matter}
11-10-2011: Amended the 06-01-2001 entry by inserting
“Providing” to clarify the nature of the services.
043 Providing community centers for social gatherings and
meetings
This entry was transferred from Class 42 to Class 43 due to
the restructuring of Class 42 that was implemented in the 8th edition of the
Nice Agreement.
042 Providing computer software {indicate specific subject or
function} that may be downloaded from a global computer network
After
discussion with the software industry it was decided that downloadable
software should be classified in Class 9 since the end result is the same - a
program that is installed in the users own computer.
035 Providing configuration data and engine information
regarding the OEM assessment of operational history, namely, parts, repairs,
configurations, and maintenance practices, for specifically identified
aircraft engines and gas turbine engines for the purpose of consumers to make
informed purchasing decisions
08-13-2015: Status of entry changed
from “A”-Added to “X”-Example.
043 Providing congregate living facilities
This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
037 Providing consultation services to extend engine
maintenance intervals
08-29-2013: entry status changed from “A” added
to “X” example.
035 Providing consumer information in the field of animals and
pets relating to pet products, pet treats and pet toys
06-28-2007:
Consumer information refers to information that would be used by consumers to
make purchasing decisions. It is information that furthers the business of the
producers of the goods or services that are the subject of the information. As
such, all consumer information is in Class 35 regardless of the subject matter
of the information. 01-16-2013 - Entry status changed from “A” added to “X”
example. On 01-14-2016, the 06-28-2007 entry was modified by deleting
“Computer services, namely” because that wording creates ambiguity. The
rendering of advisory, information, or consultation services by electronic
means, e.g., computer, telephone, etc., has no impact on the
classification.
035 Providing consumer information and related news in the
field of {indicate subject matter of information}
Consumer
information refers to information that would be used by consumers to make
purchasing decisions. It is information that furthers the business of the
producers of the goods or services that are the subject of the information. As
such, all consumer information is in Class 35 regardless of the subject matter
of the information.
035 Providing consumer information services and making
referrals in the field of entertainment services for products, services,
events, activities, facilities and locations
Consumer information
refers to information that would be used by consumers to make purchasing
decisions. It is information that furthers the business of the producers of
the goods or services that are the subject of the information. As such, all
consumer information is in Class 35 regardless of the subject matter of the
information. On 06-27-2013, the status of this entry was changed from “A” to
“X” to indicate that it is an example of acceptable wording under current
USPTO policy.
035 Providing consumer information in the field of {indicate
subject matter of information}
Consumer information refers to
information that would be used by consumers to make purchasing decisions. It
is information that furthers the business of the producers of the goods or
services that are the subject of the information.
035 Providing consumer information in the field of {indicate
goods, services or subject matter of information}
Consumer
information refers to information that would be used by consumers to make
purchasing decisions. It is information that furthers the business of the
producers of the goods or services that are the subject of the information. As
such, all consumer information is in Class 35 regardless of the subject matter
of the information.
035 Providing consumer product information relating to food or
drink products
Consumer information refers to information that would
be used by consumers to make purchasing decisions. It is information that
furthers the business of the producers of the goods or services that are the
subject of the information. As such, all consumer information is in Class 35
regardless of the subject matter of the information.
035 Providing consumer product information via the
Internet
Consumer information refers to information that would be
used by consumers to make purchasing decisions. It is information that
furthers the business of the producers of the goods or services that are the
subject of the information. As such, all consumer information is in Class 35
regardless of the subject matter of the information.
041 Providing continuing medical education courses
On
8-25-2011, this 6-1-2001 entry was deleted because it is covered by the
existing fill-in entry of “Educational services, namely, providing continuing
professional education courses in the field of {indicate field or subject
matter} 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Providing continuing business education courses
On 8-25-2011, this 6-1-2001 entry was deleted because it is covered by the
existing fill-in entry of “Educational services, namely, providing continuing
professional education courses in the field of {indicate field or subject
matter}” 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Providing continuing nursing education courses
On
8-25-2011, this 6-1-2001 entry was deleted because it is covered by the
existing fill-in entry of “Educational services, namely, providing continuing
professional education courses in the field of {indicate field or subject
matter}” 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Providing continuing dental education courses
On
8-25-2011, this 6-1-2001 entry was deleted because it is covered by the
existing fill-in entry of “Educational services, namely, providing continuing
professional education courses in the field of {indicate field or subject
matter}” 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Providing co-working facilities equipped with office
equipment
The Class 35 Explanatory Note indicates that this class
includes services that help in the working or management of a commercial
undertaking. Accordingly, these services are classified in Class 35 because
they help in the working of a commercial undertaking.
041 Providing current event news via a global computer
network
This 01-29-09 entry was amended to delete the word
“information” in order to make it clear that the topic of “current event news”
is a Class 41 subject.
042 Providing customized on-line web pages featuring
user-defined information, which includes search engines and on-line web links
to other web sites
11-24-2011: While this wording is still
acceptable, the 06-01-2010 entry is being deleted from the Manual and replaced
with the following entry to make clear that the activities are in the nature
of computer services “Developing customized web pages featuring user-defined
information” in Class 42. 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example.
042 Providing customized on-line web pages and data feeds
featuring user-defined information, which includes blog posts, new media
content, other on-line content, and on-line web links to other websites
11-24-2011: While this wording is still acceptable, the 10-28-2010 entry
is being deleted from the Manual and replaced with the following entry to make
clear that the activities are in the nature of computer services “Developing
customized web pages and other data feed formats featuring user-defined
information” in Class 42. 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example.
039 Providing customized driving directions
11-17-2011: This activity is in Class 39 because, from the consumer's
perspective, the provision of driving directions is similar to the provision
of transportation information.
000 Providing databases featuring {indicate service-related
subject matter of database and classify in appropriate class}
The
class for this entry is indicated as 000 because providing databases is a
service that is classified in the service class of the subject matter of the
database; e.g., providing a database in the field financial information is
classified in Class 36. The subject matter should be set forth so that it
connects the content to a service for accurate classification. Also, this ID
covers non-downloadable databases - which is usually the case. If the database
is recorded or downloadable, that should be indicated in the ID and these
goods are in 9.12-3-09 - For the reason given above - that databases can be
recorded or downloadable - this ID has been deleted. There remains an ID in
the Manual for providing on-line databases with classification governed by
subject matter.
043 Providing day care centers
This service
encompasses only temporary care of an individual at a location other than the
home. If education or entertainment is also offered, it should be identified
appropriately and classified in Class 41. On 10-6-2011, this 1-1-2002 entry
was amended from “Day care centers” to “Providing day care centers” to better
indicate that this is a service.
043 Providing day care centers for {indicate specific group or
individuals, e.g., children, the disabled, the elderly, etc.}
Providing day care centers is acceptable wording; further specification is
acceptable, but it is not required.
043 Providing dude ranches
On 10-6-2011, this
1-1-2002 entry was amended from “Dude ranches” to “Providing dude ranch
services” for clarity
041 Providing education courses relating to the travel
industry
On 8-25-2011, this 7-20-2004 entry was amended to add the
word “Providing” to the beginning of the ID. Whether provided live or online,
these activities are in Class 41. Pre-recorded courses, whether downloadable
or featured on audio or video media, are Class 9.
041 Providing education courses in the field of {indicate
specific field, e.g., computers, music, art} offered through online,
non-downloadable videos and instructor assistance
On 8-25-2011, the
2-24-2011 entry was amended to add the word “Providing” to the beginning of
the ID.
041 Providing education in the field of {indicate specific
field, e.g. computers, music, art} rendered through video conference
On 8-25-2011, this 9-28-2006 entry was amended to add the word “Providing” to
the beginning of the ID.
041 Providing education in the field of {indicate specific
field, e.g., computers, music, art} rendered through correspondence
courses
On 8-25-2011, the 4-02-1991 entry was amended to add the word
“Providing” to the beginning of the ID
041 Providing educational information and test questions in
the academic field of mathematics
2-18-10 - The 7-12-07 entry was
amended to delete “an interactive web site featuring” and to add “academic”
before “field” because, as written, the Manual entry may give the
mis-impression that “educational information in the field of science,” etc.,
is OK in Class 41 because, as previously written, the information appears to
be “educational.” However, “educational information in the field of
mathematics” is in Class 42 based on mathematics being a scientific subject
matter while if it is specified as being “academic” it would be information
about the educational aspects of mathematics.
041 Providing educational demonstrations in the field of
{indicate subject matter}
Providing educational demonstrations is an
acceptable identification in Class 41. Further specification of the subject
matter of the educational demonstrations is permissible, but not required.
041 Providing educational demonstrations
On
8-25-2011, this 4-2-1991 entry was amended from “Educational demonstrations”
to “Providing educational demonstrations” for clarity
041 Providing educational assessment services
On
8-25-2011, this 7-26-2007 entry was amended from “Educational assessment” to
“Providing educational assessment services” for clarity
041 Providing educational and vocational courses in the field
of {indicate specific field, e.g. mechanics, computers} to persons who have
suffered brain injuries while in the military
On 8-25-2011, this
12-31-2009 entry was deleted because it is too specific to be of use to a
broad range of applicants. 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example.
044 Providing educational information about healthcare
Educational information services are classified according to the
service-related subject matter of the information. All information can be
characterized as instructional or educational. Thus, describing information as
“instructional” or “educational” is not sufficient to justify classification
in Class 41. Providing eduational information about healthcare is classified
in Class 44 because the information pertains to healthcare, and healthcare
services are generally classified in Class 44.
043 Providing elder care [day care]
This service
encompasses only temporary care of an individual at a location other than the
home. If education or entertainment is also offered, it should be identified
appropriately and classified in Class 41.
038 Providing electronic transmission of secure e-mail
On 01-01-2016, this 07-20-2004 entry was modified from “Secure e-mail
services” to “Providing electronic transmission of secure e-mail” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016 “electronic mail services,”
“electronic mail,” or the like is indefinite and overly broad because the
activity provided in connection with electronic mail is unclear.
035 Providing electronic tracking of intellectual and
industrial property assets to others for business purposes
On
08-09-2012, the 07-03-2008 entry was modified by inserting “for business
purposes” to make clear the nature of the services and the justification for
classifying them in Class 35.
035 Providing electronic tracking of freight information to
others for business administration purposes
On 08-09-2012, the
08-01-2004 entry was modified by inserting “for business administration
purposes” to make clear the nature of the services and the justification for
classifying them in Class 35.
035 Providing employment counseling services via {specify
means, e.g., the Internet, telephone, job fairs, etc.}
Providing
employment counseling services is acceptable wording; further specification is
acceptable, but it is not required. Employment counseling involves provision
of information about the types of jobs available in a particular field. It
does not involve provision of information about education or training required
to qualify or pursue a certain career, which is covered by career counseling
services in Class 41.
035 Providing employment counseling information on how to
successfully transition jobs
On 07-16-2015, the status of this
acceptable entry was changed from “A”-Added to “X”-Example.
035 Providing employment counseling information on how to
successfully transition jobs for mature workers
On 07-16-2015, the
status of this acceptable entry was changed from “A”-Added to “X”-Example.
035 Providing employment counseling services
Employment counseling involves provision of information about the types of
jobs available in a particular field. It does not involve provision of
information about education or training required to qualify or pursue a
certain career, which is covered by career counseling services in Class
41.
035 Providing employment counseling information on how to
successfully transition jobs for {indicate field or subject matter}
On 07-16-2015, the status of this acceptable entry was changed from “A”-Added
to “X”-Example.
042 Providing environmentally friendly automation solutions,
namely, site evaluations, control design analysis, and integrated installation
services for monitoring and controlling respective innovative devices within a
designated area
On 08-09-2012, the 12-18-2008 entry was deleted
because the nature of the services was ambiguous, and it appeared to include
installation services in Class 37.
036 Providing extended warranties on {specify items}
This language applies only to the service of providing the warranty. Services
related to the warranties, such as, arranging for repair and replacements
pursuant to the warranty, are in Class 35.
043 Providing extended-stay hotels
On 10-6-2011, this
7-5-2007 entry was amended from “Extended-stay hotels” to “Providing
extended-stay hotels” for clarity.
038 Providing e-mail services
On 01-01-2016, this
07-20-2004 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016 “electronic
mail services,” “electronic mail” or the like is indefinite and overly broad
because the activity provided in connection with electronic mail is
unclear.
043 Providing facilities for fairs and exhibitions
06-20-2013 - ’Providing facilities for fairs and exhibitions’ refers to
provision of general purpose facilities, which may be used by the temporary
occupants for a variety of events, such as trade fairs, art exhibitions, and
sports competitions. Recitations of services involving general purpose
facilities are not required to incorporate the exact words “general purpose
facilities.” However, the application and evidence of record must show use of
the mark in connection with general purpose facilities and not in connection
with specialized facilities/facilities intended for a particular purpose.
Provision of specialized facilities/facilities for a particular purpose are
classified according to the intended purpose, e.g., providing facilities for
business meetings in Class 35; providing sports facilities in Class 41.
043 Providing facilities for exhibitions
06-20-2013 -
’Providing facilities for exhibitions’ refers to provision of general purpose
facilities, which may be used by the temporary occupants for a variety of
events, such as trade shows, art exhibitions, and sports competitions.
Recitations of services involving general purpose facilities are not required
to incorporate the exact words “general purpose facilities.” However, the
application and evidence of record must show use of the mark in connection
with general purpose facilities and not in connection with specialized
facilities/facilities intended for a particular purpose. Provision of
specialized facilities/facilities for a particular purpose are classified
according to the intended purpose, e.g., providing facilities for business
meetings in Class 35; providing sports facilities in Class 41.
042 Providing facilities for scientific research in the nature
of a wind tunnel
06-20-2013 - Although services involving provision
of general purpose facilities, such as convention centers and exhibition
halls, are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, scientific research is covered by the Nice
Classification system's Class 42 Heading. Therefore, providing facilities for
scientific research is classified in Class 42.
041 Providing facilities for producing video, cinema and
photography productions
On 06-20-2013, this 05-31-2007 entry was
changed from “A” status to “X” status because it is an example of an
acceptable identification. Although services involving provision of general
purpose facilities, such as convention centers and exhibition halls, are
classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, producing videos, films, and photography
productions serves an entertainment purpose. Therefore, providing facilities
for producing video, cinema and photography productions is classified in Class
41.
041 Providing facilities for educational conventions
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, educational conventions serve a specific educational purpose.
Therefore, providing facilities for educational conventions is classified in
Class 41.
041 Providing facilities for game shows
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, game
shows serve an entertainment purpose. Therefore, providing facilities for game
shows is classified in Class 41.
041 Providing facilities and equipment for playing laser tag
games
On 06-20-2013, the 03-14-2013 entry was modified by deleting
“Entertainment services in the nature of” because it is inherent in the
identification and by changing the “A” status to “X” status because it is an
example of an acceptable identification. Although services involving
provision of general purpose facilities, such as convention centers and
exhibition halls, are classified in Class 43, services involving provision of
specialized facilities/facilities for a particular purpose are classified
according to the intended purpose. In this case, laser tag games serve an
entertainment or recreational purpose. Therefore, providing facilities and
equipment for playing laser tag games is classified in Class 41.
041 Providing facilities for {specify event, e.g., conference,
tournaments, exhibitions}
03-15-1993 - This entry [was deleted
because it] includes services that are in other classes, e.g., providing
facilities for trade exhibitions would be in Class 35. 06-20-2013 - Providing
general use facilities for conventions and exhibitions are classified in Class
43 as “temporary accommodation services.” Providing specialized
facilities/facilities for a particular purpose are classified according to
purpose, e.g., providing sports facilities in Class 41, providing physical
rehabilitation facilities in Class 44.
041 Providing facilities for {specify type of training, e.g.,
acting, sports, physical fitness, etc.} training
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case,
training activities serve an educational purpose. Therefore, providing
facilities for educational training is classified in Class 41. Applicants may
specify the subject matter of the educational training, but it is not
required.
041 Providing facilities for recreational activities, namely,
{specify recreational activity, e.g., hunting, fishing, etc.}
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, recreational activities serve an entertainment or amusement-related
purpose. Therefore, providing facilities for recreational activities is
classified in Class 41. Applicants may specify the type of recreational
activities, but it is not required.
041 Providing facilities for {indicate specific sport}
tournaments
06-20-2013 - Although services involving provision of
general purpose facilities, such as convention centers and exhibition halls,
are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, sports tournaments serve an entertainment or
recreational purpose. Therefore, providing facilities for sports tournaments
is classified in Class 41. Applicants may specify the type of sports being
played, but it is not required.
041 Providing facilities for sports tournaments
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, sports tournaments serve an entertainment or recreational purpose.
Therefore, providing facilities for sports tournaments is classified in Class
41.
041 Providing facilities for recreation activities
06-27-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose.
Facilities for recreation activities serve an entertainment-related purpose.
Therefore, providing facilities for recreation activities is classified in
Class 41.
041 Providing facilities for playing paintball games
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, paintball games serve an entertainment or recreational purpose.
Therefore, providing facilities for playing paintball games is classified in
Class 41.
038 Providing facilities and equipment for video
conferencing
06-20-2013 - Although services involving provision of
general purpose facilities, such as convention centers and exhibition halls,
are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, telepresence conferencing is a
telecommunications service. Therefore, “Providing facilities and equipment for
telepresence conferencing” is classified in Class 38.
040 Providing facilities at which customers can assemble and
cook pre-prepped and prepared ingredients for family size entrees
On
06-20-2013, the 05-15-2008 entry was deleted because it is indefinite and
appears to be misclassified. Providing specialized facilities for food
preparation is in Class 43.
038 Providing facilities and equipment for telepresence
conferencing
06-20-2013 - Although services involving provision of
general purpose facilities, such as convention centers and exhibition halls,
are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, video conferencing is a telecommunications
service. Therefore, “Providing facilities and equipment for video
conferencing” is classified in Class 38.
035 Providing facilities for trade exhibitions
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, trade exhibitions serve a business-related purpose. Therefore,
“Providing facilities for trade exhibitions” is classified in Class 35.
035 Providing facilities for the use of office equipment and
machinery
06-20-2013 - Although services involving provision of
general purpose facilities, such as convention centers and exhibition halls,
are classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, office equipment and machinery “help in the
working...of a commercial undertaking,” see Class 35 Explanatory Note, and
serve a business administration-related purpose. Therefore, “Providing
facilities for office equipment and machinery” is classified in Class 35.
035 Providing facilities for business meetings
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, business meetings “help in the working or management of a
commercial undertaking,” see the Class 35 Heading, and serve a
business-related purpose. Therefore, “Providing facilities for business
meetings” is classified in Class 35.
045 Providing facilities for wedding ceremonies
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, wedding ceremonies are personal services “provided to individuals
in relation with...matrimonial services,” see the Class 45 Heading. Therefore,
providing facilities for wedding ceremonies is classified in Class 45.
041 Providing facilities for movies, shows, plays, music or
educational training
06-20-2013 - Although services involving
provision of general purpose facilities, such as convention centers and
exhibition halls, are classified in Class 43, services involving provision of
specialized facilities/facilities for a particular purpose are classified
according to the intended purpose. In this case, movies, shows, plays, and
music serve an entertainment purpose, and training activities serve an
educational purpose. Therefore, providing facilities for movies, shows, plays,
music or educational training is classified in Class 41.
045 Providing fashion information
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
036 Providing financial assistance for rent and utilities,
food, travel, prescription cost and other necessities of life
09-29-2011: Deleted the 01-13-2011 entry and replaced it with “Charitable
services, namely, providing financial assistance to disadvantaged persons for
{indicate purpose of assistance, e.g., food, rent, health care, etc.}” in
Class 36. 07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
036 Providing financial information regarding rating changes
that affect financial portfolios via e-mail notification alerts
In
this identification the e-mail notification alerts are considered to be only
the means by which content provider services are rendered. The subject matter
of the content controls the service classification.
036 Providing financial consultation services to {indicate
specific group or individual, e.g., employees, elderly, military, etc.}
Providing financial consultation services is acceptable in Class 36;
further specifying the intended consumer is acceptable, but is not
required.
036 Providing financial assessment services to {indicate
specific group or individual, e.g., employees, elderly, military, etc.}
Providing financial assessment services is acceptable in Class 36;
further specifying the intended consumer is acceptable, but is not
required.
036 Providing financial information services to {indicate
specific group or individual, e.g., employees, elderly, military, etc.}
Providing financial information services is acceptable in Class 36;
further specifying the intended consumer is acceptable, but is not
required.
035 Providing financial indices of select securities to enable
consumers to evaluate investments and market trends in the securities
market
04-07-2016: Providing financial indices for others is
classified in Class 35 based on the Explanatory Note of the Nice
Classification for Class 35 which includes “services consisting of the ...
composition, compilation or systematization of written communications and
registrations, and also the compilation of mathematical or statistical
data.”
035 Providing financial indices of select bonds to enable
consumers to evaluate investments and market trends in the bond market
04-07-2016: Providing financial indices for others is classified in Class
35 based on the Explanatory Note of the Nice Classification for Class 35 which
includes “services consisting of the ... composition, compilation or
systematization of written communications and registrations, and also the
compilation of mathematical or statistical data.”
035 Providing financial indices based on selected groups of
securities
04-07-2016: Providing financial indices for others is
classified in Class 35 based on the Explanatory Note of the Nice
Classification for Class 35 which includes “services consisting of the ...
composition, compilation or systematization of written communications and
registrations, and also the compilation of mathematical or statistical
data.”
041 Providing fitness and exercise studio services, namely,
providing pilates apparatuses and tennis training equipment
11-27-2014: Entry status changed from A added to X example.
041 Providing fitness and exercise studio services, namely,
pilates instruction and training
11-27-2014: Entry status changed
from A added to X example.
041 Providing fitness and exercise facilities
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, fitness and exercise activities serve a recreational purpose.
Therefore, providing fitness and exercise facilities is classified in Class
41.
041 Providing fitness instruction services in the field of
{specify field, e.g., pilates, yoga, etc.}
11-27-2014 This 11-20-2014
was incorrectly classified in Class 44, and this amendment to Class 41
corrects that inadvertent misclassification.
041 Providing general fitness and mixed martial arts
facilities that require memberships and are focused in the fields of general
fitness, exercise, and mixed martial arts
On 06-20-2013, this
04-08-2010 entry was changed from “A” status to “X” status indicating that it
is an example of an acceptable identification. Although services involving
provision of general purpose facilities, such as convention centers and
exhibition halls, are classified in Class 43, services involving provision of
specialized facilities/facilities for a particular purpose are classified
according to the intended purpose. In this case, fitness and sports activities
serve a recreational purpose. Therefore, providing general fitness and martial
arts facilities is classified in Class 41.
043 Providing general purpose convention facilities [not a
space devoted to a single type of activity, e.g., a sports arena]
This entry was transferred from Class 42 to Class 43 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement. On
06-20-2013, this 01-01-2002 entry was modified by deleting “general purpose
facility” from in between the square brackets and inserting “general purpose”
to make clear the nature of the services in Class 43. While services involving
provision of general purpose facilities, such as convention centers and
exhibition halls, are classified in Class 43, services involving provision of
specialized facilities or facilities for a particular purpose are classified
according to the intended purpose, e.g., providing facilities for business
meetings in Class 35; providing sports facilities in Class 41
043 Providing general purpose facilities for exhibitions [not
a space devoted to a single type of activity, e.g., a sports arena]
01-01-2007: This entry was transferred from Class 42 to Class 43 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement. On 06-20-2013, this 01-01-2002 entry was modified by deleting
“general purpose facility” from in between the square brackets and inserting
“general purpose” to make clear the nature of the services in Class 43.
Services involving provision of general purpose facilities, such as convention
centers and exhibition halls, are classified in Class 43. Services involving
provision of specialized facilities or facilities for a particular purpose are
classified according to that purpose, e.g., providing facilities for business
meetings in Class 35; providing sports facilities in Class 41.
043 Providing general purpose pavilion facilities for shelter,
concerts, exhibitions and other functions
On 06-20-2013, this
08-26-2010 entry was modified by inserting “general purpose” to make clear the
nature of the services in Class 43. The pavilion facilities described in this
entry may be used for a variety of purposes by the temporary occupants.
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose, e.g. providing
facilities for business meetings in Class 35; providing sports facilities in
Class 41.
043 Providing general purpose facilities for {indicate
purpose, e.g., business conferences, trade shows, exhibitions, etc.}
Providing general purpose facilities is classified in Class 43 as temporary
accommodations services; see Class 43 Heading. Descriptions of temporary
accommodations services should use the wording general purpose facilities to
make clear the nature of the services are justified in Class 43. Providing
specialized facilities and providing facilities for a particular purpose are
classified according to purpose, e.g., providing sports facilities in Class
41, providing physical rehabilitation facilities in Class 44.
041 Providing golf facilities
06-20-2013 - Although
services involving provision of general purpose facilities, such as convention
centers and exhibition halls, are classified in Class 43, services involving
provision of specialized facilities/facilities for a particular purpose are
classified according to the intended purpose. In this case, sports activities,
such as golf, serve a recreational purpose. Therefore, providing golf
facilities is classified in Class 41.
042 Providing graphic design services to create specialty
interior environment settings
04-14-2011: Deleted the 02-17-2011
entry because it is covered by “Graphic design services for {indicate purpose
of the services, e.g., creating virtual tours of real estate for sale,
creating graphic elements of corporate logos, etc.}” 08-29-2013: Acceptable
entry status changed from “D” deleted to “X” example.
041 Providing group coaching and in-person learning forums in
the field of leadership development
11-17-2011 - While the wording in
this 10-30-2008 identification is still acceptable, the entry has been deleted
because the services are covered by the fill-in entries in Class 41 for
“Providing group coaching in the field of {indicate field or subject matter}”
and “Providing an in-person {specify cultural, educational, entertainment,
sporting} forum in the field of {indicate subject matter or field}.” On
08-08-2013, the previously deleted entry was modified by inserting “in-person”
to make clear the nature of the educational services in Class 41.
Additionally, the status of this entry was changed from “D” Deleted to “X”
Example to indicate that it is an example of acceptable wording under current
USPTO policy.
043 Providing guesthouse services
On 10-6-2011, this
7-20-2004 entry was amended from “Guesthouse” to “Providing guesthouse
services” for clarity
041 Providing gymnastic facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, sports
activities, such as gymnastics, serve a recreational purpose. Therefore,
providing gymnastic facilities is classified in Class 41.
043 Providing halfway houses
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Providing health care information by telephone
This entry was transferred from Class 42 to Class 44 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
044 Providing health care information by {specify, e.g.,
telephone, global computer networks, electronic means, etc.}
These
information services are classified according to subject matter, namely,
health care information. That the information is provided electronically does
not affect classification.
044 Providing health information
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Providing health information in the field of {indicate,
e.g., heart disease, fertility, cancer prevention and treatment, etc.}
Providing health information is acceptable wording; further specification
is acceptable, but it is not required.
044 Providing healthy lifestyle and nutrition services,
namely, personal assessments, personalized routines, maintenance schedules,
and counseling
09-05-2013: Entry status changed from “A” added to “X”
example.
035 Providing home shopping services in the field of {indicate
field or type of goods} by means of {specify, e.g., television, mobile
telephone, etc.}
On 08-16-12, this entry of 01-02-97 was amended from
“by means of television” to a fill-in entry.
043 Providing horse stable facilities
06-20-2013 -
Horse stable facility services are classified in Class 43 because “boarding
for animals” appears in the Class 43 Explanatory Note.
041 Providing horseback riding facilities for recreational
purposes
7-23-09 - ID originally entered 1-22-09 - Providing
horseback riding facilities - modified by addition of “for recreational
purposes” and reclassified from Class 39 to be consistent with 4-2-91 entry
for “Recreational services in the nature of{specify activity, e.g. pools,
horseback riding facilities)” in Class 41
044 Providing hot tub facilities for hygiene purposes
This entry was transferred from Class 42 to Class 44 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement. On
06-20-2013, the 01-01-2002 entry was modified by inserting “for hygiene
purposes” to make clear the nature of the services and to justify classifying
the services in Class 44. Although services involving provision of general
purpose facilities, such as convention centers and exhibition halls, are
classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. These hot tub facilities services are similar to “Public
baths for hygiene purposes,” which is in the Nice Alphabetical List in Class
44. Therefore, provision of hot tub facilities for hygiene purposes is also in
Class 44.
043 Providing hotel accommodation
On 10-6-2011, this
11-29-2007 entry was deleted because, although acceptable, it is too similar
to an existing entry for “Hotel accommodation services” 08-29-2013: Acceptable
entry status changed from “D” deleted to “X” example.
035 Providing human resources management services for others
through co-employment contracts
The term “co-employment services” is
indefinite and includes a range of business management and human resources
management activities. The term “co-employment services” must be further
specified, e.g., Co-employment services in the nature of providing human
resource management for others in Class 35, Providing human resources
management services for others through co-employment contracts in Class 35,
etc.
042 Providing hydrological calculations and simulations of
flood flows in streams, marshes, and wetlands for scientific research
purposes
On 02-28-2013, this 01-31-2008 entry was modified by
inserting “Providing” and “for scientific research purposes” to make clear the
nature of the services and the justification for classifying them in Class
42.
043 Providing independent living residences and living
facilities
06-20-2013 - Independent living facility services are
classified in Class 43 as “temporary accommodations,” see the Class 43
Heading.
000 Providing information in the field of {indicate
service-related subject matter or nature of information} [classification
depends on subject matter]
For proper classification, identification
must either indicate nature of information, e.g., business (35), travel (39),
health (44) or the subject matter in such a way that it may be classified,
e.g., automobile repair (37), hotel services (43), hockey games (41). The
subject matter should be set forth so that it connects the content to a
service for accurate classification. 12-16-10 - this entry does not appear in
the TEAS Plus version of the ID Manual because a class number cannot be
assigned to this entry as it appears in the Manual.
000 Providing information in the field of {indicate
service-related subject matter or field} via the Internet [classification
depends on service-related subject matter]
For proper classification,
identification must either indicate nature of information, e.g., business
(35), travel (39), health (44) or the subject matter in such a way that it may
be classified, e.g., automobile repair (37), hotel services (43), hockey games
(41). The subject matter should be set forth so that it connects the content
to a service for accurate classification. 12-16-10 - this entry does not
appear in the TEAS Plus version of the ID Manual because a class number cannot
be assigned to this entry as it appears in the Manual.
042 Providing information at the specific request of end-users
by means of telephone or global computer networks [customized searching]
11-24-11: While this wording is still acceptable, the 07-01-2001 entry is
being deleted from the Manual and replaced by a new entry to make clear that
the services are computerized searching services and not information services,
“Providing customized computer searching services, namely, searching and
retrieving information at the customer's specific request via {specify
communications medium, e.g., telephone, global computer networks, etc.}” in
Class 42. 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example. On 01-08-2015, this entry was deleted as unacceptable because it is
overbroad and may be construed as including information services, which are
classified by subject matter.
041 Providing information in the field of {specify type of
art, e.g., Japanese, modern, medieval, etc.} art
Providing
information in the field of art is acceptable wording; further specification
is also acceptable, but it is not required.
043 Providing information in the field of temporary lodging
and accommodations for {indicate specific group, e.g., dog-owners, solo
travelers, families, etc.}
Providing information in the field of
temporary lodging and accommodations is acceptable wording; further
specification is acceptable, but it is not required.
045 Providing information about legal eligibility requirements
for government medical and pharmaceutical programs
On 10-02-2013,
this 04-16-2009 ID was amended from “Providing information on government
medical and pharmaceutical programs” to “Providing information about legal
eligibility requirements for government medical and pharmaceutical programs”
to clarify the type of information to justify classification in Class 45.
045 Providing information in the field of child abuse
prevention
Information services are generally classified according to
the subject matter of the information being provided. Child abuse prevention
is in Class 45 because it relates to the protection of individuals and may be
considered a personal or social service, which is aligned with the overall
principles of Class 45.
045 Providing information relating to legal affairs
Transferred from Class 42 based on the 9th edition of the Nice Agreement.
045 Providing information about fashion
This entry
was transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Providing information about beauty
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Providing information in the field of personal
development, namely, self-improvement, self-fulfillment, and interpersonal
communication
On 08-15-2013, the 07-03-2008 entry was modified by
changing the status from “A-Added” to “X” to indicate that it is an example of
acceptable wording.
045 Providing information in the field of personal
development, namely, personal improvement
On 08-15-2013, the
02-24-2011 entry was modified by changing the status from “A-Added” to “X” to
indicate that it is an example of acceptable wording.
043 Providing information about wine characteristics
This entry was transferred from Class 42 to Class 43 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
045 Providing information concerning charitable causes and
humanitarian efforts in the field of social justice
On 11-28-2013,
this 09-13-2007 entry was deleted because the wording did not clearly indicate
the subject matter to justify classification in Class 45.
043 Providing information in the field of drinks, namely,
providing information about bartending
On 02-27-2014, the 03-29-2007
entry “Providing information in the field of drinks” was amended to add the
wording “namely, providing information about bartending” in order to clarify
the nature of the services. “Providing information in the field of drinks” is
overly broad because the service-related subject matter of the information
services is unclear and could include services in other classes. For example,
providing information in the field of drinks could include providing
information about beer making and brewing, in Class 40, providing nutritional
information about drinks, in Class 44, or providing consumer product
information relating to drinks, in Class 35. Information services are
generally classified according to the service-related subject matter of the
information provided.
045 Providing information in the field of business law
Providing information in the field of law is acceptable wording in Class
45; further specification of the type of law is also acceptable, but it is not
required.
043 Providing information about sushi
On 10-6-2011,
this 9-4-2008 entry was deleted because, although acceptable, it is too
specific to be of use to a broad range of customers
041 Providing information regarding the production and
distribution of ongoing television programs in the field of {specify field,
e.g., fashion, reality shows, game shows, etc.}
08-01-2013:
Correction to typographical error in type of entry - “G” changed to “S”.
041 Providing information regarding wedding reception planning
for wedding parties
On 02-07-2013, this 02-07-2008 entry was modified
from “Providing information regarding wedding planning for wedding parties” to
include the term “reception” to make clear the rationale for classification in
Class 41 because the Nice Alphabetical list includes “planning and arranging
of wedding ceremonies” in Class 45.
041 Providing information about birdwatching
The
Explanatory Note for Class 41 includes services having the basic aim of the
entertainment, amusement or recreation of people. Birdwatching is a hobby.
Therefore, the services are classified in Class 41.
041 Providing information relating to education services
On 04-10-2014, the 03-26-2009 entry for “Providing information relating
to educational services” was modified to the current entry to make clear that
the subject matter of the information relates to “education” in Class 41, and
to be consistent with other similar Manual entries.
041 Providing information, news and commentary in the field of
current events relating to the gay, lesbian, bisexual and transgender
community
11-17-2011: While this wording is still acceptable, the
05-08-2008 entry is being deleted from the Manual because it is covered by the
existing entry “Providing information, news and commentary in the field of
current events relating to {indicate subject matter or field}” in Class 41.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
042 Providing information on the subject of scientific
research in the field of biochemistry and biotechnology
On 5-5-2011,
this 7-20-2004 entry was amended to add the word “Providing” at the beginning
of the ID to clarify that this is an information service.
042 Providing information in the field of collection of
evidence for forensic purposes
These services involve the scientific
analysis of physical evidence
036 Providing information in the field of employee financial
benefit plans
11-28-2013: Administration of employee benefit plans,
other than plans concerning insurance and finance, is classified in Class 35
because the services involve only the organizing and coordination of business
functions.
036 Providing information in the field of employee financial
benefit plans and administration of employee financial benefit plans for
clients via the Internet
11-28-2013: Administration of employee
benefit plans, other than plans concerning insurance and finance, is
classified in Class 35 because the services involve only the organizing and
coordination of business functions.
037 Providing information in the field of truck and van
equipment, namely, upfitting and customizing
11-17-2011: While this
wording is still acceptable, the 08-01-2005 entry is being deleted because it
is well established that information services are classified according to
subject matter, and “Automobile customization services” and “Automobile
upfitting services” are in the Manual in Class 37. 07-25-2013: Acceptable
entry status changed from “D” deleted to “X” example.
037 Providing information in the field of mobile hydraulic
construction equipment in the nature of winches, gear boxes, and load
systems
08-01-2013: Acceptable entry status changed from “A” added to
“X” example.
035 Providing information in the field of nursing careers via
the Internet
06-24-11 (note added) This service provides information
about what careers are available in this particular field. It does not include
providing information concerning training as to what one has to do to engage
in that career. That is covered by career counseling in Class 41.
035 Providing information in the field of the {indicate
commercial/industrial field} industry
Providing information about an
industry encompasses information about doing business in that industry and not
about the actual goods or services provided by that industry
035 Providing information about the trading of {indicate field
of goods} [NOT financial instruments]
11/05/2009 - deleted “subject
matter” in the 6-1-01 entry and replaced it with “field of goods;” added
wording in brackets excluding financial instruments from field of goods. The
services described provide information in the field of exchanging or bartering
of goods, and the applicant must specify the field of goods being traded;
information on securities trading, stock exchange, and trading of other
financial instruments, is in Class 36.
035 Providing information in the field of aviation fuel
management via the Internet, namely, the amount of fuel loaded onto aircraft
and maintaining operational control of fuel available and delivered to
aircraft
08-29-2013: Entry status changed from “A” added to “X”
example.
035 Providing information in the field of the fish and
shellfish industry
Providing information about an industry
encompasses information about doing business in that industry and not about
the actual goods or services provided by that industry
035 Providing information about and making referrals in the
field of consumer products and services for retail services concerning
products, services, events, activities, attractions and facilities in
particular geographic locations
On 11-3-2011, this 10-1-2004 entry
was deleted because, although the wording is still acceptable, it is too
specific to be of use to a broad range of applicants. 09-26-2013: Acceptable
entry status changed from “D” deleted to “X” example.
035 Providing information regarding political issues, knowing
how to vote and knowing how to register to vote
09-20-11 Services
related to politics are in Class 35 because the main purpose of political
activity is the promotion of the interests of a particular group. The service
of promoting the interests of a group is in Class 35. Additionally, political
elections, can be likened to conducting a public opinion poll (a Class 35
service)since the underlying activity is that of polling the voters to get
their opinions on who should hold a particular office.
035 Providing information in the field of marketing and
on-line marketing media via the Internet
On 5-26-2011, this 4-5-2007
entry was deleted because it is not useful to a broad range of customers.
09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Providing information about the goods and services of
others via the global computer network
On 08-16-12, this entry of
06-01-01 was deleted because the nature of the information or the subject
matter of the information is not sufficiently definite to connect the content
to a Class 35 service for accurate classification.
000 Providing information, news and commentary in the field
of {indicate service-related subject matter or field} [classification depends
on service-related subject matter]
Subject matter must be specific
enough to determine classification in accordance with Nice Agreement
principles. Some topics are so broad information about such topics does not
fall squarely into a single class and are thus not appropriate (e.g. pets,
cars, food).
044 Providing information in the fields of animals and pet
breeding, selection of the animals and pets, grooming, health and
nutrition
3-24-2016: Animal breeding appears in the Nice Alphabetical
List in Class 44. The selection of animals and pets is also in Class 44 as
this pertains to the process of selecting animal breed characteristics, such
as size, personality, and care and maintenance requirements. Pet adoption
services are in Class 45.
041 Providing information in the field of education regarding
healthcare
Providing information in the field of education regarding
healthcare is classified in Class 41 because the information pertains to the
subject matter of education, specific to healthcare education, and education
services are generally classified in Class 41.
038 Providing instant messaging services
On
01-01-2016, this 03-20-2008 entry was modified from “Providing e-mail and
instant messaging services” to “Providing instant messaging services” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “electronic mail services” or
“electronic mail” is indefinite and overly broad because the activity provided
in connection with electronic mail is unclear.
036 Providing insurance premium rate quotes via on-line,
telephone and mail means
On 02-27-2014, this 11-18-2010 entry for
“Insurance services, providing premium rate quotes via on-line, telephone and
mail means” was modified to the current entry for grammatical consistency.
038 Providing Internet access
These services are
those of ISPs (Internet service providers) and encompass only those services
relating to telecommunication connectivity to the Internet. This language does
not cover services of Internet content providers
038 Providing internet chat rooms
11-17-2011: While
this wording is still acceptable, the 01-01-2007 entry is being deleted from
the Manual because these services are covered by the entry “Providing internet
chatrooms” which is the language used in the Nice Alphabetical List for these
services. 07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Providing karaoke facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities for a particular purpose are
classified according to the intended purpose. In this case, kara-oke serves an
entertainment or recreational purpose. Therefore, providing kara-oke
facilities is classified in Class 41. On 04-02-2015, the 07-20-2004 entry,
“Providing kara-oke facilities” was amended to “Providing karaoke facilities”
to match the TM5 approved entry.
045 Providing legal services in the field of {indicate field
or subject matter, e.g., intellectual property law, immigration law, family
law, etc.}
Legal services is acceptable wording in Class 45; further
specification is also acceptable, but it is not required.
044 Providing limited in-home personal medical services for
individuals including checking vital signs, medication compliance and
individual hygiene, checking medical equipment and supplies, and providing
on-line information related to these personal medical services
11-28-2013: Entry status changed from “A” added to “X” example. 01-01-2016: On
01-01-2016, this 04-15-2010 entry was modified to delete “scheduling doctor
appointments, picking up prescriptions” in order to clearly limit the
identification to services in Class 44 based on Nice 10-2016.
044 Providing limited in-home personal medical services for
individuals including checking vital signs, med compliance and individual
hygiene, scheduling doctor appointments, picking up prescriptions, checking
medical equipment and supplies, and providing on-line information related to
the personal medical services
09-01-2011: Deleted the 04-01-10 entry
because it contains a typographical error, and a duplicate version of this
entry appears in the Manual without the spelling error.
000 Providing links to web sites of others featuring {indicate
field or subject matter of linked sites} [classification is dependent upon
field or subject matter]
12-16-10 - this entry does not appear in the
TEAS Plus version of the ID Manual because a class number cannot be assigned
to this entry as it appears in the Manual. Advisory: certain subjects are too
broad for classification (e.g., animals, food, cars) and require further
specification (e.g. veterinary care of animals in Class 44, repair of cars in
37).
044 Providing long-term care facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case,
long-term care facilities generally provide medical services and serve a
medical purpose. Therefore, providing long-term care facilities is classified
in Class 44.
035 Providing market intelligence services
Market
intelligence is the practice of gathering information about the market for a
product or service to help an organization better plan its marketing
tactics.
035 Providing marketing consulting in the field of social
media
Social media is a broad, catch-all term for a variety of
Internet applications enabling users to create content and interact with each
other. Examples of social media include online forums, blogs, wikis, and
social networking websites. Because the term includes a diverse group of
services, the subject matter social media is too broad for classification
purposes, i.e., Information and consulting in the field of social media is
indefinite and overbroad, and it must be clarified.
035 Providing marketing services for {indicate specific group
or commercial/industrial field, e.g., real estate professionals, the aviation
industry, etc.}
1-1-2012 This entry was added pursuant to the 10th
Edition of the Nice Agreement. When listed by itself, an identification for
“marketing” should include the term “services.” This entry refers to the
promoting of the goods and services of others. Prior to January 1, 2012, the
USPTO considered “marketing” indefinite because it could encompass promotional
services and could also reasonably refer to a retail-type activity. While a
retail-type service would also be classified in Class 35, the nature and
purpose of a retail-type marketing service is so different from a promotion or
advertising-type marketing service that “marketing” was not previously
definite. Effective January 1, 2012, “marketing services” is acceptable. “
035 Providing marketing solutions for {indicate specific group
or commercial/industrial field, e.g., real estate professionals, the aviation
industry, etc.}
1-1-2012 While this wording is still acceptable, the
12-2-2010 entry has been deleted from the Manual because the classification
principle is covered by the new entry “Providing marketing services for
{indicate specific group or commercial/industrial field, e.g., real estate
professionals, the aviation industry, etc.}” in Class 35. 10-03-2013:
Acceptable entry status changed from “D” deleted to “X” example.
044 Providing medical information to {indicate intended
recipients, e.g., patients, medical professionals, etc.} in the form of
reports in the field of {indicate, e.g., heart disease, pharmaceutical-gene
interactions, etc.}
Providing medical information is acceptable
wording; further specification of the recipients or the form of the medical
information is acceptable, but it is not required.
044 Providing medical information and news about body art and
modification through photos and videos
09/18/2014: This entry of
09/11/2008 was modified to be of wider use to remove the wording “namely,
piercing, tattoos, scarification, subincision, castration,” as such specific
examples are not required for identification or classification purposes.
044 Providing medical information in the field of {indicate
field of medical care, e.g., weight loss, dermatology, geriatrics, etc.}
Providing medical research information is classified in Class 42.
044 Providing medical information
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Providing medical testing of fitness and medical
consultations to individuals to help them make health, wellness and
nutritional changes in their daily living to improve health
On
07-02-2015, this 10-25-2007 entry was modified to replace “Providing
assistance, fitness evaluation and consultation” with “Providing medical
testing of fitness and medical consultations” to make clear the nature of the
activities provided and the justification for classification in Class 44. In
the context of the identification, “providing assistance” is indefinite and
overly broad under current USPTO policy. The status of the entry was also
changed from “A”-Added to “X”-Example.
044 Providing medical testing of fitness and medical
consultations to corporate clients to help their employees make health,
wellness and nutritional changes in their daily living to improve health
On 07-02-2015, this 04-05-2007 entry was modified to replace “Providing
assistance, fitness evaluation and consultation” with “Providing medical
testing of fitness and medical consultations” to make clear the nature of the
activities provided and the justification for classification in Class 44. In
the context of the identification, “providing assistance” is indefinite and
overly broad under current USPTO policy. The status of the entry was also
changed from “A”-Added to “X”-Example.
042 Providing medical testing services and information in the
field of cancer research and disease classification
12-17-09 These
medical testing services are for medical research purposes, not for diagnostic
or treatment purposes. Medical testing for diagnostic or treatment purposes is
in Class 44.
044 Providing mental rehabilitation facilities
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
036 Providing monetary exchange services, namely, exchanging
gold of others for cash
3-4-10 - The 1-28-10 entry was amended to
make this more clearly a service in 36 and not a “buy-back” service in 35 by
changing “Providing exchange services for gold into cash” to the current
language.
042 Providing multiple-user access to a global computer
information network for the transfer and dissemination of a wide range of
information
This activity does not require an indication a specific
field or subject matter since the service is providing the telecommunication
access and not content. If applicant is a content provider, this language
should not be used and the subject matter of the content will control the
service classification.
038 Providing multiple-user access to a global computer
information network
This activity does not require an indication a
specific field or subject matter since the service is providing the
telecommunication access and not content. If applicant is a content provider,
this language should not be used and the subject matter of the content will
control the service classification.
041 Providing news in the nature of current event
reporting
This activity refers to the service of providing breaking
news stories that change hourly or daily. The news is not in depth on any
particular subject matter.
045 Providing non-medical in-home personal services for
individuals including checking home condition, supplies and individual
well-being, scheduling appointments, running errands, making safety checks,
and providing on-line information related to these personal services
09-05-2013: Entry status changed from “A” added to “X” example. 01-01-2016:
The entry “Appointment scheduling services” in Class 35 refers to the business
activity of scheduling appointments on behalf of other service providers.
045 Providing non-medical assisted living services for
personal purposes in the nature of scheduling appointments, answering the
telephone, checking messages, mail sorting, mail handling, mail receiving and
secretarial and clerical services
01-01-2016: The entry “Appointment
scheduling services” in Class 35 refers to the business activity of scheduling
appointments on behalf of other service providers.
043 Providing of food and drink for patients and guests
On 10-6-2011, this 7-20-2004 entry was deleted because, although
acceptable, it is too similar to an existing entry for “Providing of food and
drink” 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Providing of food and drink via a mobile truck
This entry is in Class 43 because the wording indicates that the primary
purpose of the services is the provision of food and drink. Mobile food kiosk
services are in Class 35 because the primary purpose of the services is the
retailing of food.
041 Providing of tennis court facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, sports
activities, such as tennis, serve a recreational purpose. Therefore, providing
tennis court facilities is classified in Class 41.
035 Providing office functions
12-13-2012. Office
functions are the business activities performed on a regular basis to operate
a business, such as mail sorting, word processing, and secretarial services.
“Office functions“ is in the Class 35 Class Heading of the Nice Classification
system and it is limited to services in Class 35. As with any services,
office functions must be performed for the benefit of others.
041 Providing off-track betting facilities
Wagering,
betting, gaming and gambling services were transferred from Class 36 to Class
41 in the 8th edition of the Nice Agreement.
041 Providing online interviews featuring {indicate person(s)
being interviewed, e.g., celebrities, athletes, etc.} in the field of {specify
entertainment-related subject matter, e.g., movies, sports, etc.} for
entertainment purposes [Subject matter must be entertainment-related to
justify Class 41]
10-03-2013: Although the wording “online
interviews” is broad enough to encompass either texts of transcripts of
interviews or videos, so long as the subject matter of the interviews is
limited to Class 41, either activity is classified in Class 41. Entry status
changed from “A” added to “X” example.
041 Providing online newsletters in the field of {indicate
subject matter or field} via e-mail
06-21-2012: This service consists
of the publication of newsletters that are themselves sent via e-mail and are
not downloadable. Previously on 1-1-2012, the original entry “Providing
newsletters in the field of {indicate subject matter or field} via e-mail”
(dated 12-1-2002) was amended to “Providing online newsletters in the field of
{indicate subject matter or field} via e-mail [non-downloadable].” As this
modification created uncertainty, the “[non-downloadable]” has been
removed.
041 Providing online non-downloadable game software
For classification purposes, Providing online non-downloadable game software
is the equivalent of Providing online computer games in Class 41 under the
current USPTO ID policy.
043 Providing online reservations and bookings for temporary
lodging and accommodations for {indicate specific group, e.g., dog-owners,
solo travelers, families, etc.}
Providing online reservations and
bookings for temporary lodging and accommodations is acceptable wording;
further specification is acceptable, but it is not required.
038 Providing on-line chat rooms and electronic bulletin
boards for transmission of messages among users in the field of {indicate
field or subject}
11-17-2011: Chat rooms and electronic bulletin
board are means for communication. Chat rooms and electronic bulletin board
services are not classified by subject matter. Specification of the subject
matter is acceptable but it is not required.
039 Providing on-line driving directions to the restaurants of
others
11-17-2011: While this wording is still acceptable, the
03-19-2009 entry is being deleted from the Manual because it is covered by
“Providing on-line driving directions” in Class 39. 07-25-2013: Acceptable
entry status changed from “D” deleted to “X” example.
039 Providing on-line driving directions
11-17-2011:
This activity is in Class 39 because, from the consumer's perspective, the
provision of driving directions is similar to the provision of transportation
information.
038 Providing on-line electronic bulletin boards for
transmission of messages among computer users concerning {indicate field or
subject of bulletin board}
08-18-2011: An electronic bulletin board
is a means for communication. Electronic bulletin board services are not
classified by subject matter. Specification of the subject matter is
acceptable but it is not required.
035 Providing on-line employment information in the field of
{specify employment-related subject matter, e.g., recruitment, careers, job
resources and listings, resumes, etc.}
On 07-01-2011 the following
note was added - This service provides information about what careers are
available in this particular field. It does not include providing information
concerning training as to what one has to do to engage in that career. That
is covered by career counseling in Class 41.
041 Providing on-line e-zines in the field of {indicate
subject matter of publication} [not downloadable]
5-20-10 - Providing
a website featuring specific types of downloadable publications is not an
acceptable identification because it is unclear whether the applicant is
offering goods in the nature of downloadable publications in Class 9 or
services in the nature of website hosting in Class 42.
038 Providing on-line facilities for real-time interaction
with other computer users and electronic bulletin boards concerning topics of
interest relating to dogs
On 11-17-2011, this 7-16-2009 entry was
deleted because, although acceptable, it is covered by a fill-in entry for
“Providing on-line facilities for real-time interaction with other computer
users and electronic bulletin boards concerning topics of interest relating to
{specify field or subject matter}”. On 06-27-2013, the status of this entry
was changed from “D” to “X” to indicate that it is an example of acceptable
wording under current USPTO policy.
035 Providing on-line facilities featuring transaction order
entry, order directing and order confirmation services to customers in the
field of investing
On 06-27-2013, the 03-01-2005 entry was deleted
because it is indefinite and may include computer technology services in Class
42.
035 Providing on-line interactive employment counseling
services
Providing employment counseling services is acceptable
wording; further specification is acceptable, but it is not required.
Employment counseling involves provision of information about the types of
jobs available in a particular field. It does not involve provision of
information about education or training required to qualify or pursue a
certain career, which is covered by career counseling services in Class
41.
035 Providing on-line interactive employment counseling and
recruitment services
These services are in Class 35 because they
involve the provision of advice concerning employment. 07-01-2011 This service
provides information about what careers are available in this particular
field. It does not include providing information concerning training as to
what one has to do to engage in that career. That is covered by career
counseling in Class 41. On 07-16-2015, the status of this acceptable entry was
changed from “A”-Added to “X”-Example.
000 Providing on-line information, news and commentary in the
field of {indicate service-related subject matter or field} [classification
depends on service-related subject matter]
Subject matter must be
specific enough to determine classification in accordance with Nice Agreement
principles. Some topics are so broad that information about such topics does
not fall squarely into a single class and are thus not appropriate (e.g.,
pets, cars, food).
044 Providing on-line information via the Internet in the
fields of animals and pets, relating to breeding, selection of the animals and
pets, grooming, feeding and nutrition
8-14-2008 - “care” was deleted
from the list of subject matter since care or pet care can include activities
in Classes 43, 44 or 45. 09-05-2013: Entry status changed from “M” modified to
“X” example. 04-16-2016: Animal breeding appears in the Nice Alphabetical List
in Class 44. The selection of animals and pets is also in Class 44 as this
pertains to the process of selecting animal breed characteristics, such as
size, personality, and care and maintenance requirements. Pet adoption
services are in Class 45.
044 Providing on-line medical record analysis services
designed to provide patients with custom tailored information about the range
of possible diagnoses and therapies associated with a defined set of
symptoms
09-05-2013: Entry status changed from “A” added to “X”
example.
041 Providing on-line monthly newsletters, multi-client market
and technology studies, quarterly and annual reports, and Japanese
translations of the aforesaid document, all in the field of flat panel display
and semiconductor industries
4/8/10 - the term “databases” was
deleted from the 4/10/08 entry because databases are classified by subject
matter and the subject matter, while adequately specific for indicating the
subject matter of publications, is not adequately specific for classification
of a database. Also, the “Japanese translations” are now indicated to be
translations of the preceding online documents. Finally, the lead in “computer
services, namely” was deleted so this service of providing online publications
that is in Class 41 would not be confused with true computer services in Class
42.
042 Providing on-line non-downloadable software for {specify
the function of the programs, e.g., for use in database management, for use as
spreadsheet, for word processing, etc. and, if software is content- or
field-specific, the field of use} [this does not include providing on-line
computer games that are played on-line]
Downloadable software is
considered a good in Class 9. 5-20-10 - Providing a website featuring
downloadable software for {specify function of the programs} is not an
acceptable identification because it is unclear whether the applicant is
offering goods in the nature of downloadable software in Class 9, or whether
the applicant is offering services in the nature of website hosting in Class
42.
041 Providing on-line non-downloadable directory publications
in the field of {indicate subject matter of publication}
Non-downloadable directory publications are the online versions of
publications in the nature of directories that list names, contact information
and other information typically contained in a directory. Unlike the “web
directory services” which are classified in Class 35 as business information
services, online directory publications are classified in Class 41 because
they are publications provided online via the Internet.
041 Providing on-line non-downloadable publications in the
nature of an interview template for insurance agents for use in entering into
contractual relationships with insurance companies
5-20-2010:
Providing a website featuring specific types of downloadable publications is
not an acceptable identification because it is unclear whether the applicant
is offering goods in the nature of downloadable publications in Class 9 or
services in the nature of website hosting in Class 42. 10-03-2013: Entry
status changed from “A” added to “X” example.
035 Providing on-line price comparisons of travel and lodging
services
09-29-2011: Deleted the 12-23-2010 entry because it is
covered by the existing entry “Price comparison services” and the new entry
“Providing price comparison services in the field {indicate, e.g., airfare,
hotel rates, etc.} via the Internet” in Class 35. 09-26-2013: Acceptable
entry status changed from “D” deleted to “X” example.
041 Providing on-line publications in the nature of
applications concerning {specify subject matter, e.g., employment, loans,
college}
On 02-27-2014, the 08-21-2008 entry was amended from
“Providing on-line documents for applications concerning {specify subject
matter, e.g., employment, loans, college}” to “Providing on-line publications
in the nature of applications concerning {specify subject matter, e.g.,
employment, loans, college}” in order to clarify the nature of the on-line
documents.
041 Providing on-line publications in the nature of e-books in
the field of {indicate subject matter}
On 09-13-2012, this 10-10-2008
entry was modified from “Providing on-line publications in the nature of an
e-book in the field of {indicate subject matter}” to “Providing on-line
publications in the nature of e-books in the field of {indicate subject
matter}” for grammatical consistency.
041 Providing on-line publications in the nature of {indicate
specific nature of publication} in the field of {indicate subject matter of
publication} [not downloadable]
Downloadable publications are
classified in Class 9. This service was moved from 42 to 41 as a result of the
revisions in the 8th edition of the Nice Agreement. 5-20-10 - Providing a
website featuring specific types of downloadable publications is not an
acceptable identification because it is unclear whether the applicant is
offering goods in the nature of downloadable publications in Class 9 or
services in the nature of website hosting in Class 42.
041 Providing on-line publications in the nature of news
articles for children [not downloadable]
10-10-2013: this 01-17-2008
entry was modified to change the focus of the service from “providing a web
site featuring on-line publications in the field of news articles for
children” to “on-line publication of ...” to clarify the ambiguity that the
on-line publications could be downloadable. Entry status changed from “A”
added to “X” example. On 01-09-2014, the entry “On-line publication of news
articles for children” was amended to “Providing on-line publications in the
nature of news articles for children [not downloadable]” to clarify the nature
of the services and to avoid confusion with publication (publishing)
services.
035 Providing on-line registration services for {indicate
event or function, e.g., sports tournament, instructional classes}[not domain
names]
Registration of domain names is in Class 45 pursuant to the
9th edition of the Nice Agreement. Registration for the type of activities
indicated in the text of the entry is in 35.
035 Providing on-line trade directory services
Trade
directory services is the industry terminology for an organized listing of
suppliers and manufacturers in a particular field or industry. It is not a
publication provided online, or a means of providing general information about
the particular field or industry.
041 Providing on-line videos featuring {indicate subject
matter e.g., music, mathematics instruction, etc.}, not downloadable
1-01-2014 Pursuant to the Nice Classification, Tenth edition, version 2014,
effective 1-1-14, services involving “providing on-line videos, not
downloadable” are classified in Class 41, regardless of the subject matter of
the videos. However, USPTO policy requires specification of the subject matter
of the videos.
035 Providing on-line web directory services featuring
hyperlinks to the websites of others
On 10-10-2013, this 06-01-2001
entry was modified from “Providing on-line directory information services also
featuring hyperlinks to other web sites” to make clear that this entry refers
to web directory services, which is the industry terminology for a listing or
collection of hyperlinks to the websites of others organized by subject matter
or topic, e.g., restaurants, gluten-free foods, etc. It is not a publication
provided online, or a means of providing general information about the
particular subject matter. Thus, a web directory service featuring
gluten-free foods provides an online listing of the websites or hyperlinks of
gluten-free food manufacturers.
042 Providing on-line, non-downloadable, Internet-based
software application for medical billing for physicians and health care
institutions
5-20-10 - Providing a website featuring downloadable
software for {specify function of the programs} is not an acceptable
identification because it is unclear whether the applicant is offering goods
in the nature of downloadable software in Class 9, or whether the applicant is
offering services in the nature of website hosting in Class 42.
035 Providing organizing services for belongings and spaces in
a residence or office such as papers and time
On 11-3-2011, this
1-1-2006 entry was deleted because it is unclear if the services are solely
for business purposes.
035 Providing organizing services for individuals at home, in
home offices and in business offices, that provides help with time and paper
management
On 11-3-2011, this 8-1-2005 entry was deleted because it
is unclear if the services are solely for business purposes. It has been
replaced with a new entry for “Organizational services for business purposes,
namely, {indicate area of business need, e.g., time and paper
management}.”
041 Providing outdoor facilities for playing paintball
games
On 06-20-2013, the 09-17-2009 entry was modified by deleting
“Entertainment services in the nature of” because it is inherent in the
identification, by inserting “games” to make clear the nature of the services,
and by changing to “A” status to “X” status because it is an example of an
acceptable identification. Although services involving provision of general
purpose facilities, such as convention centers and exhibition halls, are
classified in Class 43, services involving provision of specialized
facilities/facilities for a particular purpose are classified according to the
intended purpose. In this case, paintball games serve an entertainment or
recreational purpose. Therefore, providing outdoor facilities for playing
paintball games is classified in Class 41.
045 Providing patient advocate services to hospital patients
and patients in long term care facilities
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
041 Providing personal fitness training for {indicate fitness
goal or consumer group, e.g., marathons, triathletes, etc.}
Personal
fitness training services is acceptable wording; further specification of the
particular fitness goal or intended consumer group is acceptable, but it is
not required.
045 Providing personal support services for families of
patients with life threatening disorders, namely, companionship, help with
medical forms, emotional counseling and emotional support
9-3-09 -
The word “emotional” was inserted before “counseling” in the 9-1-04 entry to
make the type of counseling clearly in Class 45. Other types of counseling
would be in other classes.
041 Providing personal training and physical fitness
consultation to individuals to help them make physical fitness, strength,
conditioning, and exercise improvement in their daily living
09-26-2013: Entry status changed from “A” added to “X” example. On 07-16-2015,
this 06-14-2007 entry was modified to replace “Providing assistance, personal
training” with “Providing personal training” to make clear the nature of the
activities provided and the justification for classification in Class 41. In
the context of the identification, “providing assistance” is indefinite and
overly broad under current USPTO policy. 11-12-2015: Personal training
services and personal trainer services involve physical fitness programs and
instruction for others in Class 41, while athletic training services are
health care services in Class 44.
041 Providing personal training and physical fitness
consultation to corporate clients to help their employees make physical
fitness, strength, conditioning, and exercise alterations in their daily
living
Transferred from Class 44 - the previous classification was a
typographical error. This service is in Class 41. On 07-02-2015, this
04-19-2007 entry was modified to replace “Providing assistance, personal
training” with “Providing personal training” to make clear the nature of the
activities provided and the justification for classification in Class 41. In
the context of the identification, “providing assistance” is indefinite and
overly broad under current USPTO policy. The status of the entry was also
changed from “M”-Modified to “X”-Example. 11-12-2015: Personal training
services and personal trainer services involve physical fitness programs and
instruction for others in Class 41, while athletic training services are
health care services in Class 44.
044 Providing personalized healthcare and medical information
in the nature of {specify type of healthcare or medical information}
Providing healthcare and medical information is acceptable wording; further
specification of the type of healthcare or medical information being provided
is acceptable, but it is not required.
044 Providing physical rehabilitation facilities
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
035 Providing political information about elections
On 09-13-11 this 07-01-04 entry was amended to add the word “providing” in
order to make it clear that this is a service. On 06-11-2015, the 07-01-2004
entry “Providing information about political elections” was modified to
“Providing political information about elections” to make clear the subject
matter of the information and the justification for classifying the services
in Class 35.
036 Providing post-compliance financial reviews for the
mortgage industry
11-24-2011: This activity involves review of
mortgage documents to make sure that the borrower meets the applicable
financial requirements.
035 Providing promotional marketing services to businesses in
the broadband and media industries
1-1-2012 While this wording is
still acceptable, the 7-27-2006 entry has been deleted from the Manual because
the wording is very specific, and the classification principle is covered by
the new entry “Marketing services” and “Providing marketing services for
{indicate specific group or commercial/industrial field, e.g., real estate
professionals, the aviation industry, etc.}” in Class 35. 10-03-2013:
Acceptable entry status changed from “D” deleted to “X” example.
044 Providing public bath facilities
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
042 Providing quality assurance services in the field of
{indicate field}
This activity involves testing, evaluation,
analysis, etc. that may lead to certification or some other approval
indication. It is NOT the activity of certification. Certification activities
are classified in A (for goods) or B (for services.)
035 Providing real estate video tours for marketing
purposes
On 01-01-2014, this 03-04-2010 entry was deleted pursuant to
the Nice Classification, Tenth edition, version 2014, effective 1-1-14,
services involving “providing on-line videos, not downloadable” are classified
in Class 41, regardless of the subject matter of the videos.
036 Providing rebates at participating establishments of
others through use of a membership card
This service involves the
payment of money due to use of a membership card. Since there is actual
transfer of funds involved, it is in 36, not 35.
045 Providing reconnaissance and surveillance services
8-9-2012: Reconnaissance and surveillance, by definition, involve
observing and gathering information on a subject under suspicion and
therefore, these services are classified in Class 45 because they are rendered
for security purposes.
041 Providing recreational facilities in the nature of a pool
for underwater diving activities
On 06-27-2013, the status of this
entry was changed from “A” to “X” to indicate that it is an example of
acceptable wording under current USPTO policy.
041 Providing recreation facilities
06-27-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case,
recreation facilities serve an entertainment or amusement-related purpose.
Therefore, providing recreation facilities is classified in Class 41.
039 Providing reviews of travel service providers
11-17-2011: The service of providing reviews may be classified according to
the subject matter of the review, or the overall purpose of the review. For
example, “Providing reviews of travel service providers” is in Class 39, and
“Providing reviews of restaurants” is in Class 43, but “Providing reviews of
web hosting services for commercial purposes” is in Class 35 (not 42)
according to the overall purpose of the service.
041 Providing roller skating rink facilities
On
02-26-2015, this 04-02-1991 entry was changed from “Roller skating rinks” to
“Providing roller skating rink facilities” to immediately convey a service
activity and make clear the nature of the services.
044 Providing self-service pet grooming facilities
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, pet grooming is considered a hygienic and beauty care activity for
animals, see the Class 44 Explanatory Note. Therefore, providing pet grooming
facilities is classified in Class 44.
044 Providing self-service pet washing facilities
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, pet washing is considered a hygienic and beauty care activity for
animals, see the Class 44 Explanatory Note. Therefore, providing pet washing
facilities is classified in Class 44.
039 Providing self-storage facilities for others
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, physical storage services (i.e., not electronic storage) are in
Class 39. Therefore, “Providing self-storage facilities for others” is
classified in Class 39.
043 Providing social meeting, banquet and social function
facilities
On 10-06-2011, this 9-25-2008 entry was deleted because,
although acceptable, it is too similar to existing entry for “Providing
banquet and social function facilities for special occasions” On 06-27-2013,
this 10-06-2011 entry was changed from “D” status to “X” status to indicate
that it is an example of acceptable wording under current USPTO policy. Social
meeting, banquet and social function facilities are general purpose
facilities, which may be used for a variety of purposes such as wedding
receptions, retirement parties, or business networking events. Although
services involving provision of general purpose facilities, such as convention
centers and exhibition halls, are classified in Class 43, services involving
provision of specialized facilities/facilities for a particular purpose are
classified according to the intended purpose, e.g., providing sports
facilities in Class 41.
035 Providing sound and music listening equipment in retail
stores for customers to preview compact discs, tapes, DVDs, DVRs, and other
media prior to purchase
On 02-11-2016, this entry of 03-29-2007 was
modified to change “DVD’s, DVR’s” to “DVDs, DVRs.”
000 Providing specialized facilities for {indicate specialized
use, e.g., business meetings in Class 35, fitness instruction in Class 41,
food preparation in Class 43, etc.} [classification depends on purpose of the
specialized facility]
Providing general purpose facilities is
classified in Class 43 as temporary accommodations services, see Class 43
Heading. However, providing specialized facilities and providing facilities
for a particular purpose are classified according to purpose, e.g., providing
sports facilities in Class 41, providing physical rehabilitation facilities in
Class 44. Although these descriptions are not required to incorporate the word
specialized, the description must clearly indicate the special use or
particular purpose of the facilities.
042 Providing specific information as requested by customers
via the Internet [customized searching]
11-24-11: While this wording
is still acceptable, the 06-01-2001 entry is being deleted from the Manual and
replaced by a new entry to make clear that the services are computerized
searching services and not information services, “Providing customized
computer searching services, namely, searching and retrieving information at
the customer's specific request via the Internet” in Class 42. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example. On
01-08-2015, this entry was deleted as unacceptable because it is overbroad and
may be construed as including information services, which are classified by
subject matter.
041 Providing sports facilities
06-20-2013 - Although
services involving provision of general purpose facilities, such as convention
centers and exhibition halls, are classified in Class 43, services involving
provision of specialized facilities/facilities for a particular purpose are
classified according to the intended purpose. In this case, sports activities
serve a recreational purpose. Therefore, providing sports facilities is
classified in Class 41.
041 Providing sports facilities for {specify sports activity,
e.g., archery, skiing, etc.}
06-20-2013: Although services involving
provision of general purpose facilities, such as convention centers and
exhibition halls, are classified in Class 43, services involving provision of
specialized facilities or facilities for a particular purpose are classified
according to the intended purpose. In this case, sports activities serve a
recreational purpose and therefore “providing sports facilities” is classified
in Class 41. They type of sport being played may be specified, but is not
required. 09-26-2013: Entry status changed from “A” added to “X” example.
041 Providing sports information in the field of {indicate
particular sport, e.g., tennis, basketball, soccer, etc.}
Providing
sports information is acceptable wording; further specification is also
acceptable, but it is not required.
041 Providing sports news and information in the field of
{indicate particular sport, e.g., tennis, basketball, soccer, etc.}
Providing news and information in the field of sports is acceptable wording;
further specification is also acceptable, but it is not required.
041 Providing sports news in the field of {indicate particular
sport, e.g., tennis, basketball, soccer, etc.}
Providing sports news
is acceptable wording; further specification is also acceptable, but it is not
required.
035 Providing statistical information and indexes of
mortgages, interests, and prices for others
04-07-2016: Providing
statistical indexes for others is classified in Class 35 based on the
Explanatory Note of the Nice Classification for Class 35 which includes
“services consisting of the ... composition, compilation or systematization of
written communications and registrations, and also the compilation of
mathematical or statistical data.”
036 Providing stored value card services
11-10-2011:
Amending the 07-10-2008 entry by inserting “Providing”. 01-01-2016: On
01-01-2016, this 07-10-2008 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, credit card services, debit card services, or other payment card
services are indefinite and overly broad because the nature of the activity
provided is unclear. The common name of the activity provided in connection
with credit cards, debit cards, or the like should be specified, e.g.,
processing of credit card payments, in Class 36.
039 Providing taxi transport for {indicate demographic group,
e.g., people who are incapable of driving safely due to alcohol
consumption}
On 1-12-2012, this 4-14-2011 entry was amended to delete
the term “etc.” at the end of the ID after the word consumption, for clarity
purposes.
038 Providing technical support services regarding the usage
of communications equipment
On 01-22-2015, this 05-13-2010 entry was
deleted because the identification is overbroad and inclusive of services in
other classes.
000 Providing technical information in the field of {indicate
subject matter of information} [classification depends on service-related
subject matter]
For proper classification, the subject matter of the
technical information must be set forth so that it connects the content to a
technical information service, e.g., technical information in the field of
engineering (42), power generation (40).This entry does not appear in the TEAS
Plus version of the ID Manual because a class number cannot be assigned to
this entry as it appears in the Manual.
040 Providing technical information in the field of cement
manufacturing
On 4-7-2011, the 8-19-2010 entry was amended from
“Providing technical information in the field of cement manufacturing
industry” to “Providing technical information in the field of cement
manufacturing” for clarity.
035 Providing technical consulting services and information
management services, namely, clinical data and regulatory submission
management to medical, biopharmaceutical and biotechnology companies to assist
them with clinical research, clinical trials and applications for drug
approval
On 4-21-11, this 2-5-2009 entry was deleted because it is
unclear what the services encompass.
042 Providing technology information in the field of {indicate
specific field, e.g., fashion, wearable technological products}
This
service involves providing information concerning the computer or scientific
technology that may be used in specific fields. Consultation about the subject
matter itself must be classified in the class of the subject matter.
042 Providing technology information relating to oil and gas
industry
On 07-19-12, the 12-21-2006 entry was amended by deleting
the words “in the” and replacing it with “relating to” to make clear the
nature of the services.
042 Providing technology consulting in the field of social
media
Social media is a broad catch-all term for a variety of
Internet applications enabling users to create content and interact with each
other. Examples of social media include online forums, blogs, wikis, and
social networking websites. Because the term includes a diverse group of
services, the subject matter social media is too broad for classification
purposes, i.e., Information and consulting in the field of social media is
indefinite and overbroad, and it must be clarified.
043 Providing temporary accommodation at {indicate e.g.,
hotels, guesthouses, etc.}
“Providing temporary accommodation” is
acceptable wording; further specification as to the particular type of
accommodation is acceptable, but is not required.
043 Providing temporary accommodation at pensions
The
term “pension” refers to a hotel or boarding house and not a financial
service.
043 Providing temporary housing accommodations for {indicate
demographic group, e.g., individuals who require a sober environment;
individuals recovering from drug addiction; persons with developmental
disabilities, etc.}
Providing temporary housing accommodations is
acceptable wording; further specification is acceptable, but is not
required.
042 Providing temporary use of on-line non-downloadable
software development tools for {specify the function of the programs, e.g.,
for use in database management, for use as a spreadsheet, etc. and if content-
or field-specific, the field of use}
5-20-10 - Providing a website
featuring downloadable software for {specify function of the programs} is not
an acceptable identification because it is unclear whether the applicant is
offering goods in the nature of downloadable software in Class 9, or whether
the applicant is offering services in the nature of website hosting in Class
42.
043 Providing temporary kitchen facilities
06-20-2013
- Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case,
kitchen facilities are used primarily for food preparation. “Services for
providing food and drink” is in the Class 43 Heading. Therefore, provision of
temporary kitchen facilities is classified in Class 43.
042 Providing temporary use of on-line non-downloadable
computer game software which can be accessed through web sites or by mobile
phones
Conflicts with note in Class 42 entry “Providing temporary use
of on-line non-downloadable software for {specify the function of the
programs, e.g., for use in database management, for use as a spreadsheet, for
word processing, etc. and, if software is content- or field-specific, the
field of use} [this does not include providing on-line computer games that are
played on-line]” Provision of temporary use of online games is in Class 41
only.
042 Providing temporary use of non-downloadable computer
software for tracking documents over computer networks, intranets and the
internet
Prior error in classification fixed.
042 Providing temporary use of non-downloadable computer
software for shipment processing over computer networks, intranets and the
internet
Downloadable software is considered a good in Class 9.
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
042 Providing temporary use of non-downloadable computer
software for preparing shipping documents over computer networks, intranets
and the internet
Downloadable software is considered a good in Class
9. 5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
042 Providing temporary use of non-downloadable computer
software for preparing invoices over computer networks, intranets and the
internet
Downloadable software is considered a good in Class 9.
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
042 Providing temporary use of non-downloadable computer
software for tracking freight over computer networks, intranets and the
internet
Downloadable software is considered a good in Class 9.
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
042 Providing temporary use of non-downloadable computer
software for tracking packages over computer networks, intranets and the
internet
Downloadable software is considered a good in Class 9.
5-20-10 - Providing a website featuring downloadable software for {specify
function of the programs} is not an acceptable identification because it is
unclear whether the applicant is offering goods in the nature of downloadable
software in Class 9, or whether the applicant is offering services in the
nature of website hosting in Class 42.
042 Providing temporary use of online non-downloadable
middleware for providing an interface between web browser and legacy
systems
Middleware is a general term for computer software that
serves as an intermediary between multiple programs in a software stack,
typically an operating system and its applications.
042 Providing temporary use of online non-downloadable
middleware for providing an interface between {indicate type of technology,
e.g., software applications, web browser, etc.} and {indicate other type of
technology, e.g., operating systems, legacy systems, etc.}
Middleware
is a general term for computer software that serves as an intermediary between
multiple programs in a software stack, typically an operating system and its
applications.
042 Providing temporary use of a non-downloadable web
application for {indicate the function of web-based software application,
e.g., time management, sharing web-based documents, collaborating on shared
documents, etc.}
Web applications are software programs which users
may access via the Internet.
042 Providing temporary use of on-line non-downloadable
software and applications for {specify the function of the programs, e.g., for
use in database management, for use as a spreadsheet, for word processing,
etc. and, if software is content- or field-specific, the field of use} [this
does not include providing on-line computer games that are played on-line]
5-20-10 - Providing a website featuring downloadable software for
{specify function of the programs} is not an acceptable identification because
it is unclear whether the applicant is offering goods in the nature of
downloadable software in Class 9, or whether the applicant is offering
services in the nature of website hosting in Class 42.
043 Providing temporary housing accommodations for women in
crisis, for homeless women, and for women transitioning out of incarceration
back into mainstream society
On 10-6-2011, this 8-19-2010 entry was
deleted because, although acceptable, it is covered by the existing entry for
“Providing temporary housing accommodations” 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
043 Providing temporary lodging services in the nature of a
condominium hotel
On 10-6-2011, this 2-22-2007 entry was deleted
because, although acceptable, it is too specific to be of use to a broad range
of customers. 08-29-2013: Acceptable entry status changed from “D” deleted to
“X” example.
043 Providing temporary accommodation
On 10-06-2011,
this 7-20-2004 entry was deleted because it is too similar to an existing
entry for “Providing temporary housing accommodations” 08-29-2013: Acceptable
entry status changed from “D” deleted to “X” example.
043 Providing temporary trailer park facilities
This
entry was transferred from Class 42 to Class 43 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
043 Providing temporary housing accommodations
This
entry was transferred from Class 42 to Class 43 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
041 Providing temporary use of non-downloadable game
software
For classification purposes, Providing temporary use of
non-downloadable game software is the equivalent of providing online games in
Class 41 under the current USPTO ID policy.
041 Providing tennis court facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, sports
activities, such as tennis, serve a recreational purpose. Therefore, providing
tennis court facilities is classified in Class 41.
044 Providing toilet services to individuals through the use
of portable toilets on a truck
09-05-2013: Entry status changed from
“A” added to “X” example.
044 Providing toilet services for individuals through the use
of portable toilets
09-05-2013: Entry status changed from “A” added
to “X” example.
041 Providing track and field facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, sports
activities, such as track and field, serve a recreational purpose. Therefore,
providing track and field facilities is classified in Class 41.
035 Providing tracking services and information concerning
tracking of assets in transit, namely, vehicles, trailers, drivers, cargo and
delivery containers for business inventory purposes
On 08-09-2012,
the 08-02-2007 entry was modified by inserting “for business inventory
purposes” to make clear the nature of the services and the justification for
classifying them in Class 35.
041 Providing training for operators of property self-storage
facilities in the fields of business management, business operations, call
center services, human resources, sales and marketing, storage facilities
management, and leadership
On 06-27-2013, the status of this entry
was changed from “A” to “X” to indicate that it is an example of acceptable
wording under current USPTO policy.
039 Providing transport for sightseeing tours by {indicate
mode of transport, e.g., bus, helicopter, boat, etc.}
Providing
transport for sightseeing tours is acceptable wording; further specification
is acceptable, but it is not required.
039 Providing transport for guided tours by {indicate mode of
transport, e.g., bus, bicycle, etc.}
Providing transport for guided
tours is acceptable wording; further specification is acceptable, but it is
not required.
039 Providing transport for sightseeing tours
This
term was added to the Manual consistent with Nice 10-2016, which distinguishes
between “Transport services for sightseeing tours” in Class 39 and “Conducting
guided tours” in Class 41.
039 Providing transport for excursions
This term was
added to the Manual consistent with Nice 10-2016, which distinguishes between
“Transport services for sightseeing tours” in Class 39 and “Conducting guided
tours” in Class 41.
039 Providing transport for excursions by {indicate mode of
transport, e.g., bus, helicopter, boat, etc.}
Providing transport for
excursions is acceptable wording; further specification is acceptable, but it
is not required.
039 Providing transport for guided tours
This term
was added to the Manual consistent with Nice 10-2016, which distinguishes
between “Transport services for sightseeing tours” in Class 39 and “Conducting
guided tours” in Class 41.
039 Providing transport services by boat for guided
whale-watching tours
This term was added to the Manual consistent
with Nice 10-2016, which distinguishes between “Transport services for
sightseeing tours” in Class 39 and “Conducting guided tours” in Class 41.
Arranging and conducting guided whale-watching tours is classified in Class
41.
039 Providing travel information on fishing expeditions
On 02-28-2013, the 09-13-2007 entry was modified by inserting “travel” to
make clear the nature of the services and the reason for classifying them in
Class 39.
043 Providing travel lodging information services and travel
lodging booking agency services for travelers
11-17-2011: Deleted the
08-01-2004 entry because it is covered by the existing entry “Making hotel
reservations for others” and the new entry “Providing information in the field
of temporary accommodations for travelers” in Class 43. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
035 Providing travel management services
11-10-2011:
Amended the identification by inserting “Providing” and “services” to make
clear the nature of the services.
044 Providing Turkish bath facilities
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Providing user authentication services in e-commerce
transactions
This is considered a security service.
041 Providing various facilities for an array of sporting
events, sports and athletic competitions and awards programmes
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, sporting events and sports and athletic competitions and awards
programmes serve entertainment and recreational purposes. Therefore, providing
facilities for sporting events and related competitions and awards programmes
is classified in Class 41.
039 Providing vessel mooring facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, vessel
mooring facilities serve a physical storage-type purpose for boats and related
watercraft. Therefore, “Providing vessel mooring facilities” is classified in
Class 39.
044 Providing vibrational energy healing services via {specify
means, e.g., the Internet, in-person meetings, etc.}
Providing
vibrational energy healing services is acceptable wording; further
specification is also acceptable, but it is not required.
038 Providing virtual private network (VPN) services, namely,
private and secure electronic communications over a private or public computer
network
On 3-8-2012, the spelling of VAN in the entry of 3-1-2012 was
corrected to VPN.
038 Providing voice chat services
11-17-2011: The
08-01-2005 entry has been amended from “Voice chat services” to “Providing
voice chat services.”
041 Providing voice overs for tapes, records and other
recorded media for entertainment and education purposes
12-31-09 -
“for entertainment and education purposes” was added to the 11-1-04 entry to
avoid confusion with voice overs done for commercials in Class 35.
036 Providing vouchers for payment of transportation
expenses
11-10-2011: Amended the 03-13-2008 entry by deleting “Travel
voucher services, namely” to make the ID more succinct.
037 Providing washing and drying laundry facilities
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, washing and drying laundry relates to “Cleaning of clothing,” which
appears in the Nice Alphabetical List in Class 37. Therefore, “Providing
washing and drying laundry facilities” is classified in Class 37.
044 Providing weight loss programs and cosmetic body care
services in the nature of non-surgical body contouring
09-05-2013:
Entry status changed from “A” added to “X” example.
040 Providing workshop facilities for woodworking or framing
purposes
On 06-20-2013, this 07-01-2004 entry was modified by
deleting “building,” because that wording is broad enough to include
carpentry, and “providing carpentry workshop facilities” is classified in
Class 37. Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities or facilities
for a particular purpose are classified according to the intended purpose. In
this case, woodworking and framing are classified in Class 40 because they
encompass the mechanical transformations of objects; see the Class 40 Heading.
Therefore, “providing workshop facilities for woodworking or framing purposes”
is classified in Class 40.
041 Providing zoological facilities to the public
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, zoological facilities serve entertainment and educational purposes.
Therefore, providing zoological facilities to the public is classified in
Class 41.
036 Provision and financial administration of a debit card
savings program
09-23-10 Inserted the word “financial” before
“administration” to distinguish it from program administration services in
Class 35.
045 Provision of a web site featuring information on {indicate
type(s), e.g., nomadic, religious, gender-neutral, etc.} lifestyles
11-13-2014: This entry of 08-23-2007 was modified to require indication of the
type of lifestyle in order to permit proper likelihood of confusion analysis
of the services. As information about all manners of lifestyles are properly
classified in Class 45, any type of lifestyle may be indicated in the fill-in
portion of the entry.
035 Provision of a web site featuring commercial information
on shopping
5-13-10 - the word “commercial” was inserted into this
entry before “information” to make it clear that this shopping information was
about where to buy things, price comparison, etc. and avoid confusion with
shopping information for personal reasons, e.g., what will look good on a
person, flattering colors, etc.
039 Provision of berthing facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case,
berthing facilities serve a physical storage-type purpose for boats and
related watercraft. Therefore, “Providing berthing facilities” is classified
in Class 39.
039 Provision of car parking facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, car
parking facilities serve a physical storage-type purpose for cars and similar
vehicles. Therefore, “Providing car parking facilities” is classified in Class
39.
041 Provision of cinema facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, cinema
facilities serve an entertainment purpose. Therefore, providing cinema
facilities is classified in Class 41.
043 Provision of conference facilities
The facilities
referred to in this identification may be used for a broad range of
conferences. Providing venues for business conferences only is a service in
35. 06-20-2013 - As previously noted, ’Provision of conference facilities’
refers to provision of general purpose facilities, which may be used by the
temporary occupants for a variety of events. Recitations of services involving
general purpose facilities are not required to incorporate the exact words
“general purpose facilities.” However, the application and evidence of record
must show use of the mark in connection with general purpose facilities and
not in connection with specialized facilities/facilities intended for a
particular purpose. Provision of specialized facilities/facilities for a
particular purpose are classified according to the intended purpose, e.g.,
providing facilities for business meetings in Class 35, providing sports
facilities in Class 41.
043 Provision of conference, exhibition and meeting
facilities
The facilities referred to in this identification may be
used for a broad range of meetings. Providing venues for business meetings
only is a service in 35.
043 Provision of exhibition facilities
06-20-2013 -
’Provision of exhibition facilities’ refers to provision of general purpose
facilities, which may be used by the temporary occupants for a variety of
events, such as trade shows, art exhibitions, and sports competitions.
Recitations of services involving general purpose facilities are not required
to incorporate the exact words “general purpose facilities.” However, the
application and evidence of record must show use of the mark in connection
with general purpose facilities and not in connection with specialized
facilities/facilities intended for a particular purpose. Provision of
specialized facilities/facilities for a particular purpose are classified
according to the intended purpose, e.g., providing facilities for business
meetings in Class 35, providing sports facilities in Class 41.
043 Provision of facilities for exhibitions
06-20-2013 - ’Provision of facilities for exhibitions’ refers to provision of
general purpose facilities, which may be used by the temporary occupants for a
variety of events, such as trade shows, art exhibitions, and sports
competitions. Recitations of services involving general purpose facilities are
not required to incorporate the exact words “general purpose facilities.”
However, the application and evidence of record must show use of the mark in
connection with general purpose facilities and not in connection with
specialized facilities/facilities intended for a particular purpose. Provision
of specialized facilities/facilities for a particular purpose are classified
according to the intended purpose, e.g., providing facilities for business
meetings in Class 35, providing sports facilities in Class 41.
041 Provision of facilities for artists' studios and
exhibits
On 06-20-2013, this 04-11-2013 entry was modified by
deleting “residencies” because the term, in the context of the ID, is
indefinite and potentially renders the description overbroad. Although
services involving provision of general purpose facilities, such as convention
centers and exhibition halls, are classified in Class 43, services involving
provision of specialized facilities/facilities for a particular purpose are
classified according to the intended purpose, e.g., providing facilities for
business meetings in Class 35, and providing sports facilities in Class
41.
041 Provision of facilities for winter sports
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, sports activities serve a recreational purpose. Therefore,
providing facilities for winter sports is classified in Class 41.
043 Provision of food and drink in restaurants
On
10-6-2011, this 10-4-2007 entry was deleted because, although acceptable, it
is too similar to existing entry of “Providing of food and drink” 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Provision of general purpose facilities for fairs and
exhibitions facilities
On 10-6-2011, this 7-20-2004 entry was deleted
because, although acceptable, it is too similar to an existing entry for
“Providing facilities for fairs and exhibitions” On 06-27-2013, this
10-06-2011 entry was changed from “D” status to “A” status and modified by
deleting “fair and exhibition facilities” and inserting “general purpose
facilities for fairs and exhibitions” to make clear the nature of the services
in Class 43 and provide classification guidance to Manual users. The
facilities described in this entry may be used for a variety of purposes.
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose, e.g., providing
facilities for business meetings in Class 35; and providing sports facilities
in Class 41.
041 Provision of information in the field of leisure
activities, namely, {specify leisure activities, e.g., hunting, fishing, etc.}
[information must be about Class 41 services to justify classification]
On 01-01-2016, the 03-20-2014 entry was modified by deleting the
bracketed wording “not travel tours;” because the term “travel tours” is
indefinite and may cause confusion. Providing information about transportation
is classified in Class 39.
041 Provision of information in the field of recreational
activities, namely, {specify recreational activity, e.g., hunting, fishing,
etc.} [information must be about Class 41 services to justify
classification]
On 01-01-2016, the 03-20-2014 entry was modified by
deleting the bracketed wording “not travel tours;” because the term “travel
tours” is indefinite and may cause confusion. Providing information about
transportation is classified in Class 39.
038 Provision of online forums for users for the sharing and
transmission of information and electronic media concerning environmental
matters
On 11-17-2011, while the wording in this identification is
still acceptable, the 5-20-2001 entry has been deleted because it is covered
by the fill-in entry for “Providing on-line forums for transmission of
messages among computer users concerning {indicate field or subject of forum}”
in Class 38. 07-25-2013: Acceptable entry status changed from “D” deleted to
“X” example.
041 Provision of play facilities for children
06-20-2013 - Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. In
this case, children's play activities serve a recreational purpose. Therefore,
providing play facilities for children is classified in Class 41.
044 Psychiatric consultation
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Psychiatric services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Psychiatric testing
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
045 Psychic reading services
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Psychological assessment services in the field of
{specify, e.g., sports, physical rehabilitation, eating disorders, etc.}
Psychological assessment services is acceptable wording; further
specification is acceptable, but is not required.
044 Psychological consultation
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Psychological counseling in the field of {specify, e.g.,
sports, physical rehabilitation, eating disorders, etc.}
Psychological counseling is acceptable wording; further specification is
acceptable, but is not required.
044 Psychological counseling
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Psychological counseling services in the field of
sports
09-05-2013: Entry status changed from “A” added to “X”
example.
042 Psychological research
Psychological research is
classified in Class 42 because, similar to medical research activities, the
services encompass testing and analysis to advance understanding and not
diagnosis or treatment of specific individuals.
044 Psychological testing
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th Edition of the Nice Agreement. 02-11-2016: Note that
“Psychological testing for the selection of personnel” is in Class 35 because
that activity is so intertwined with the business activity of recruiting and
hiring job candidates that it cannot be separated from the business
activity.
044 Psychological testing services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.05-12-2011 Note
that “Psychological testing for the selection of personnel” is in Class 35
because that activity is so intertwined with the business activity of
recruiting and hiring job candidates that it cannot be separated from the
business activity.
035 Psychological testing for the selection of personnel
05-12-2011 These services are in the Nice Alphabetical List in Class 35
because the activities are conducted for business purposes, that is, to
identify, recruit, and hire the best candidates for the employment positions,
rather than for the diagnosis and treatment of any medical or psychological
condition. Psychological testing for the diagnosis and treatment of a
condition is a Class 44 service.
044 Psychological tests
02-11-2016: Note that
“Psychological testing for the selection of personnel” is in Class 35 because
that activity is so intertwined with the business activity of recruiting and
hiring job candidates that it cannot be separated from the business
activity.
044 Psychotherapy and psychotherapy counseling for children
and adults in individual and family sessions
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Psychotherapy complemented by body work, namely,
myofascial physical therapy techniques
09-05-2013: Entry status
changed from “A” added to “X” example.
045 Public document filing services
Transferred from
Class 42 pursuant to changes in 9th edition of the Nice Agreement.
042 Public document retrieval
08-15-2013 - Public
document retrieval services are classified in Class 42 because the term covers
public document research activities and may also include computer technology
services in the nature of electronic searching and retrieval of digital
records.
043 Public housing services
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. On 04-03-2014,
this 01-01-2002 entry was deleted as unacceptable because it is overbroad and
may include Class 36 real estate leasing and financing services.
035 Public opinion polling
According to the 8th
edition of the Nice Agreement (2002), all opinion poll services are in Class
35 regardless of whether the poll is for business or non-business
purposes.
035 Public policy research services
07-14-2011
Scientific research and research services directly related to tangible items,
such as cosmetics, pharmaceuticals, or new products, are classified in 42
because those research activities generally involve the science-based testing
and analysis of the physical properties of the item. On the other hand,
research services relating to an intangible subject matter are classified
according to the nature of the intangible. For example, business research,
research related to financial instruments, and legal research are classified
in Classes 35, 36, and 45 respectively.
035 Public relations, advertising and marketing services for
the tourism and convention industry, namely, organizing and hosting site
inspections and familiarization tours for wholesalers, tour operators, travel
agents, meeting and incentive travel planners and travel media
11-10-2011: While this wording is still acceptable, the 09-11-2008 entry is
being deleted from the Manual because it is overly specific and does not serve
a wide range of Manual users. 09-05-2013: Acceptable entry status changed from
“D” deleted to “X” example.
041 Publication and editing of printed matter
This
refers to the service of publishing the periodicals or printed matter of
others. Note that the publication of one’s own periodical or printed matter is
not a service because it is done primarily for applicant’s own benefit and not
for the benefit of others. Rather, it would be considered goods in Class 16,
e.g., newspapers, magazines.
041 Publication of {indicate specific item, e.g. books,
magazines}
This refers to the service of publishing the periodicals
or printed matter of others. Note that the publication of one's own periodical
or printed matter is not a service because it is done primarily for
applicant's own benefit and not for the benefit of others. Rather, it would be
considered goods in Class 16, e.g., newspapers, magazines.
041 Publication of books
This refers to the service
of publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
041 Publication of books, of magazines, of journals, of
newspapers, of periodicals, of catalogs, of brochures
This refers to
the service of publishing the periodicals or printed matter of others. Note
that the publication of one’s own periodical or printed matter is not a
service because it is done primarily for applicant’s own benefit and not for
the benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of books, magazines, almanacs and journals
This refers to the service of publishing the periodicals or printed
matter of others. Note that the publication of one’s own periodical or printed
matter is not a service because it is done primarily for applicant’s own
benefit and not for the benefit of others. Rather, it would be considered
goods in Class 16, e.g., newspapers, magazines.
041 Publication of books, reviews
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one’s own periodical or printed matter is not a service
because it is done primarily for applicant’s own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of brochures
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of documents in the field of training,
science, public law and social affairs
This refers to the service of
publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
041 Publication of electronic newspapers accessible via a
global computer network
This refers to the service of publishing the
periodicals or printed matter of others. Note that the publication of one's
own periodical or printed matter is not a service because it is done primarily
for applicant's own benefit and not for the benefit of others. Rather, it
would be considered goods in Class 16, e.g., newspapers, magazines.
041 Publication of electronic magazines
This service
is different from providing the publication itself. This service encompasses
the presentation of the works online, not providing the work itself.
041 Publication of journals
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of leaflets
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of magazines
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of manuals
This refers to the service
of publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
041 Publication of musical texts
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of online texts of interviews
featuring scientists in the field of astronomy for educational purposes
10-03-2013: The original wording of the 10-07-2010 entry “providing
online interviews featuring ...” was modified to “Online publication of texts
of interviews featuring ...” because as originally worded, “providing online
interviews” could encompass videos that are classified according to subject
matter, regardless of their educational purpose. Entry status also changed to
“X” example. On 10-29-2015, this 10-03-2013 ID was amended from “Online
publication of texts of interviews featuring scientists in the field of
astronomy for educational purposes” to “Publication of online texts of
interviews featuring scientists in the field of astronomy for educational
purposes” to make clear that these services involve publishing on-line texts
of others. Moreover, pursuant to the Nice Classification, Tenth edition,
version 2014, effective 1-1-2014, services involving “providing on-line
videos, non-downloadable,” are classified in Class 41 regardless of the
subject matter of the videos. However, USPTO policy requires specification of
the subject matter of the videos.
041 Publication of online texts of interviews
featuring lawmakers in the field of pending legislation for educational
purposes
10-03-2013: Original wording of 10-07-2010 entry modified
from “providing online interviews ...” to “online publication of texts of
interviews ...” because as originally worded, “providing online interviews”
could encompass videos that are classified according to subject matter,
regardless of their educational purpose. Entry status changed from “A” added
to “X” example. On 10-29-2015, this 10-03-2013 ID was amended from “Online
publication of texts of interviews featuring lawmakers in the field of pending
legislation for educational purposes” to “Publication of online texts of
interviews featuring lawmakers in the field of pending legislation for
educational purposes” to make clear that these services involve publishing
on-line texts of others. Moreover, pursuant to the Nice Classification, Tenth
edition, version 2014, effective 1-1-2014, services involving “providing
on-line videos, non-downloadable,” are classified in Class 41 regardless of
the subject matter of the videos. However, USPTO policy requires
specification of the subject matter of the videos.
041 Publication of on-line {indicate nature of
publication}
This service is different from providing the publication
itself. This service encompasses the presentation of the works online, not
providing the work itself. The work itself requires an indication of the
subject matter. On 01-09-2014, the 01-01-2002 entry “On-line publication of
{indicate nature of publication}” was amended to “Publication of on-line
{indicate nature of publication}” in order to clarify the nature of the
services. These services involve publishing on-line periodicals or
publications of others. “Publication of on-line {indicate nature of
publication}” does not include the service of providing an on-line,
non-downloadable publication, but instead encompasses the activity of
publication (publishing) for others.
041 Publication of periodicals
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of printed matter
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one’s own periodical or printed matter is not a service
because it is done primarily for applicant’s own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines, etc.
041 Publication of text books
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of texts, books, journals
This refers
to the service of publishing the periodicals or printed matter of others. Note
that the publication of one's own periodical or printed matter is not a
service because it is done primarily for applicant's own benefit and not for
the benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publication of texts, books, magazines and other printed
matter
This refers to the service of publishing the periodicals or
printed matter of others. Note that the publication of one’s own periodical or
printed matter is not a service because it is done primarily for applicant’s
own benefit and not for the benefit of others. Rather, it would be considered
goods in Class 16, e.g., newspapers, magazines.
041 Publication of the editorial content of sites accessible
via a global computer network
This service is different from
providing the publication itself. This service encompasses the presentation of
the works online, not providing the work itself.
041 Publishing and distribution of books, reviews and other
printed matter as well as related electronic data carriers
Distribution of hard goods, such as books and electronic data carriers, is not
a Class 41 service. Could be a distributorship in Class 35 or a delivery
service in Class 39
041 Publishing and issuing of scientific papers in the field
of {indicate field}
This refers to the service of publishing the
periodicals or printed matter of others. Note that the publication of one's
own periodical or printed matter is not a service because it is done primarily
for applicant's own benefit and not for the benefit of others. Rather, it
would be considered goods in Class 16, e.g., newspapers, magazines.
041 Publishing and issuing scientific papers in relation to
medical technology
This refers to the service of publishing the
periodicals or printed matter of others. Note that the publication of one's
own periodical or printed matter is not a service because it is done primarily
for applicant's own benefit and not for the benefit of others. Rather, it
would be considered goods in Class 16, e.g., newspapers, magazines.
041 Publishing audio books in the field of {indicate subject
matter, e.g., medicine, history, political science, etc.}
Book
publishing is acceptable wording; further specification of the type of book
and the field or subject matter is acceptable, but it is not required.
041 Publishing e-books in the field of {indicate subject
matter, e.g., medicine, history, political science, etc.}
Book
publishing is acceptable wording; further specification of the type of book
and the field or subject matter is acceptable, but it is not required.
041 Publishing of books and reviews
This refers to
the service of publishing the periodicals or printed matter of others. Note
that the publication of one’s own periodical or printed matter is not a
service because it is done primarily for applicant’s own benefit and not for
the benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publishing of books, magazines
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one’s own periodical or printed matter is not a service
because it is done primarily for applicant’s own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
041 Publishing of electronic publications
This
service is different from providing the publication itself. This service
encompasses the presentation of the works online, not providing the work
itself.
041 Publishing of journals, books and handbooks in the field
of medicine
This refers to the service of publishing the periodicals
or printed matter of others. Note that the publication of one’s own periodical
or printed matter is not a service because it is done primarily for
applicant’s own benefit and not for the benefit of others. Rather, it would be
considered goods in Class 16, e.g., newspapers, magazines.
041 Publishing of reviews
This refers to the service
of publishing the periodicals or printed matter of others. Note that the
publication of one's own periodical or printed matter is not a service because
it is done primarily for applicant's own benefit and not for the benefit of
others. Rather, it would be considered goods in Class 16, e.g., newspapers,
magazines.
041 Publishing of web magazines
This refers to the
service of publishing the periodicals or printed matter of others. Note that
the publication of one's own periodical or printed matter is not a service
because it is done primarily for applicant's own benefit and not for the
benefit of others. Rather, it would be considered goods in Class 16, e.g.,
newspapers, magazines.
030 Puddings [dessert puddings]
7-8-10 - [dessert
puddings] was added to the 4-2-91 entry to avoid confusion with savory
puddings made primarily from Class 29 ingredients that are classified in Class
29 such as blood pudding, pork pudding, potato pudding, etc.
009 Pulse generators for testing electric current
Pulse generators are types of electronic circuits and electronic testing
equipment, both in Class 9, as well as medical devices in Class 10.
009 Pulse generators in the nature of electronic circuits
Pulse generators are types of electronic circuits and electronic testing
equipment, both in Class 9, as well as medical devices in Class 10.
007 Pump control valves
Note that manually operated
metal valves are in Class 6; automatic control valves are in Class 9; valves
for plumbing 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. These control valves are specifically for pumps so they may
stay in 7.
030 Pumpkin porridge (Hobak-juk)
On 12-20-2012, this
11-1-2012 entry was amended to replace the brackets with parentheses.
012 Pumps for land vehicle engines (Water)
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
and engines and their parts in the 6th edition of the Nice Agreement in
1992.
012 Pumps for land vehicle engines (Oil)
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
and engines and their parts in the 6th edition of the Nice Agreement in
1992.
009 Punched card office machines
These goods are in
the Nice Alphabetical List.
007 Punching presses for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods.
010 Pupillometers for measuring pupillary distance (PD)
These medical devices measure the distance between the left and right
pupil (PD) and are typically used for eyeglass fittings; specifically, to
ensure that the eyeglass lenses are centered in the visual axis. Commonly
spelled with one “l” as “pupilometers,” these medical devices are also known
as “interpupillometers”.
026 Purse charms
On 03-28-2013, the 12-10-2009 entry
was transferred from Class 18 to Class 26 because the goods are similar in
function to “Passementerie,” which is in the Nice Alphabetical List in Class
26. Passementerie is ornamental trimming made of braid, beading, or similar
materials.
022 Purse seines
A purse seine is a net typically
towed by a boat that is drawn closed around a school of fish (resembling a
purse).
018 Purses and wallets of precious metal
This entry
was transferred from Class 14 to Class 18 pursuant to the 9th edition of the
Nice Agreement.
012 Push scooters and structural parts therefor
On
01-01-2016, this 11-04-2010 entry was modified to add the word “Push” to
clarify the nature of the goods. Under Nice 10-2016, the specific type of
vehicle scooters should be indicated, e.g., mobility scooters, motor scooters,
water scooters, or push scooters. Toy scooters are classified in Class
28.
012 Pushchair hoods
Pushchairs are strollers.
025 Puttees and gaiters
05-21-2015: A puttee is a
cloth strip wrapped around the leg from ankle to knee. A gaiter is a cloth or
leather leg covering reaching from the instep to above the ankle or the
mid-calf or knee.
019 PVC roofing membrane
3-25-10 - These goods are
structural elements used in roofs and do not provide insulating/waterproofing.
Roofing membranes for insulating/waterproofing purposes are in Class 17.
006 Pyrophoric metals
Pyrophoric metals are metals
that emit sparks when scratched or struck. Pyrophoric metals appears in the
Nice Alphabetical List in Class 6.
013 Pyrotechnic gas generators
This is the generic
trade term for a small explosive charge which is used, via a harnessing of the
gases produced by the explosive reaction, to propel or inflate other items,
such as vehicle airbags. This is distinguished from electrical generators in
Class 7 and chemical or catalytic gas generators in Class 11 (which produce
gases by other than explosive means).
012 Quadricycles
Also called “quadracycles,”
quadricycles are human-powered land vehicles comprised of four wheels, pedals,
and handlebars.
029 Quail
When used in singular form, “chicken,”
“turkey,” “pheasant” and “quail” are acceptable identifications in Class 29
based on the wording “meat, fish, poultry and game” in the Class 29 Heading.
However, in the plural form, “chickens,” “turkeys,” “pheasants” and “quails”
are indefinite and overbroad because the identifications encompass live
animals in Class 31.
042 Quality evaluation of wool
Pursuant to the 10th
Edition of the Nice Agreement, financial evaluation of wool is in Class 36,
and quality evaluation of wool is in Class 42.
042 Quality evaluation of standing timber
Pursuant to
the 10th Edition of the Nice Agreement, financial evaluation of standing
timber is in Class 36, and quality evaluation of standing timber is in Class
42.
042 Quality evaluation of alpaca fiber
Pursuant to
the 10th Edition of the Nice Agreement, financial evaluation of wool is in
Class 36, and quality evaluation of wool is in Class 42.
029 Quark
Quark is a type of low-fat soft cheese.
008 Rabbeting planes
Rabbeting planes are
hand-operated tools used to create deep notches in or near edges of boards,
framing timber, etc., so that some other piece can fit.
012 Racks for vehicles for {indicate type of rack, e.g.,
bicycles, skis, guns, luggage, etc.}
On 04-16-2015, this entry of
04-02-1991 was amended to add the term “guns” to the examples of types of
racks for vehicles.
009 Radar apparatus
On 02-16-2012, this 04-02-1991
entry for “Radar” was amended to “Radar apparatus” to more accurately describe
the nature of the goods and to be consistent with the Nice Alphabetical
List.
041 Radio entertainment services, namely, radio programs
featuring performances by a {indicate person or individual, e.g., fictional
character, radio personality}
11-27-2014: The phrase, “radio
programs,” in the identification indicates that there is more than one program
identified by the mark and is, therefore, not a single work.
041 Radio programming [scheduling]
This service does
not refer to a series of programs - it is ONLY a scheduling service.
009 Radio transmitters and receivers for remote controls,
radio controls
The transmitters and receivers are for remote controls
AND radio controls - the radio controls are not a separate item.
029 Radish cubed kimchi (kkakdugi)
On 08-02-2012, the
04-01-2010 entry was amended to add “[kkakdugi]” to match the Trilateral
approved identification. On 9-6-2012, the 8-2-2012 entry was further amended
to replace the brackets with parentheses.
022 Raffia
Raffia is a plant fiber used for making
baskets and hats.
022 Raffia fibers
06-18-2015: Raffia fibers are leaf
fibers of the raffia palm tree that are used to make baskets, mats and other
products.
001 Rag pulp
Rag pulp is cloth converted to pulp for
making paper. Paper pulp and wood pulp are in the Nice Alphabetical List in
Class 1, and by analogy, rag pulp is also in Class 1.
012 Rail vehicles, namely, trains and structural parts
therefor
Note that parts of all motors and engines such as camshafts,
cylinders, cylinder pistons and other parts essential to the working of motors
and engines such as alternators, belts and carburetors are in Class 7.
019 Railway sleepers not of metal
Railway sleepers
(British English) are synonymous with railroad ties (American English) and are
the rectangular supports laid beneath and perpendicular to the rails for load
transfer and positioning functions. These goods are classified according to
material composition, metal in Class 6, and non-metal in Class 19.
019 Railway sleepers of wood
06-20-2013 “Railway
sleepers”(British English) are synonymous with “railroad ties” (American
English) and are the rectangular supports laid beneath and perpendicular to
the rails for load transfer and positioning functions. These goods are
classified according to material composition, metal in Class 6, and non-metal
in Class 19.
006 Railway sleepers of metal
Railway sleepers
(British English) are synonymous with railroad ties (American English) and are
the rectangular supports laid beneath and perpendicular to the rails for load
transfer and positioning functions. These goods are classified according to
material composition, metal in Class 6, and non-metal in Class 19.
025 Rainwear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
024 Ramie fabric
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
007 Rammers [machines]
These goods are
power-operated, hand-held machines typically used to break up existing
concrete roads. These goods are similar to jack hammers.
025 Rash vests
Rash vests are also referred to as
rash guards.
021 Rat traps
These traps are for indoor use.
008 Ratchet handles
Ratchet handles are hand tools
(also referred to as “ratchet wrenches” or “socket wrenches”) to which
interchangeable heads called sockets are affixed.
031 Raw anchovies
5-27-10 - 4-2-91 entry deleted
because a processed anchovy can be raw but would be in Class 29. Only live
anchovies are in Class 31.
031 Raw herbs, namely, {indicate specific type of raw herb,
e.g., basil, cilantro, rosemary, etc.}
Raw herbs is acceptable
wording in Class 31; further specification of the particular type of raw herb
is acceptable, but it is not required. Identification of the specific type of
herb may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
017 Raw or semi-worked rubber
On 01-01-2015, this
07-20-2004 entry for “rubber [raw or semi-worked]” was amended to add the
bracketed wording in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015.
030 Raw sugar
Raw sugar is a minimally processed form
of cane sugar that is classified in Class 30 because the Class 30 Heading
includes “sugar,” among other things. Note that unprocessed “Sugar cane” and
“Raw sugar cane bagasses” are in Class 31.
001 Reagent for chemical analyses
On 06-12-2014, this
07-20-2004 entry was deleted because the rationale for classification in Class
1 was unclear. To be justified in Class 1, the purpose of the reagents should
be indicated as “other than for medical or veterinary purposes” as the entry
“Chemical reagents other than for medical or veterinary purposes” appears in
the Nice Alphabetical List in Class 1. However, note that reagents for
medical or veterinary purposes are generally in Class 5 as per Nice
Alphabetical List entry, “Chemical reagents for medical or veterinary
purposes” in Class 5.
036 Real estate agency services
On 01-01-2016, this
04-02-1991 entry was amended from “Real estate agencies” to “Real estate
agency services” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
045 Real estate closing services
Transferred from
Class 42 pursuant to changes in the 9th edition of the Nice Agreement.
042 Real estate research services
7/31/08 - Entry
deleted because this language has been used by applicants to include services
in Class 42 that are not in that class so it is considered too broad and
indefinite for continued inclusion in the Manual.
036 Real estate services, namely, providing online questions
to help users determine the best neighborhoods and communities suited to their
individual needs and preferences
9-24-09 - The word “questionnaires”
in the 7-3-08 entry was changed to “questions” to avoid confusion with online
questionnaires that are considered online publications in Class 41.
045 Real estate settlement services
Transferred from
Class 42 pursuant to changes in the 9th Edition of the Nice Agreement
035 Real estate transaction auditing services
Auditing is in the Nice Agreement's Alphabetical List in 35; therefore,
business auditing, energy auditing, and real estate transaction auditing are
in Class 35.
035 Real estate transaction auditing services, namely,
{indicate the nature and/or purpose of the services}
Auditing is in
the Nice Agreement's Alphabetical List in 35; therefore, business auditing,
energy auditing, and real estate transaction auditing are all in Class 35.
Effective Jan. 1, 2013, the Nice Alphabetical List entry “Auditing” in Class
35 was amended to “Business auditing,” and “Energy auditing” was added to the
Alphabetical List in Class 42. Real estate transaction auditing services
remain in Class 35 because they involve financial accounting and other
business-type activities in Class 35. Effective Jan. 1, 2013, auditing
services are classified in Class 35 when they involve accounting and other
business-type activities, and auditing services are classified in Class 42
when they involve technical analysis and evaluation. The subject matter being
audited does not determine classification. 09-05-2013: “Real estate
transaction auditing services” is acceptable in Class 35; while further detail
may be provided as to the nature and/or purpose of the services, it is not
required. The entry status has been changed from “A” added to “X”
example.
008 Reamers [hand-operated]
These tools are powered
by hand, not by electricity or other non-manual power source.
012 Rearview mirrors for automobiles
On 07-12-2012,
this 07-20-2004 entry “Rearview mirrors [of automobiles]” was amended to
“Rearview mirrors for automobiles” for consistency with a Trilateral approved
identification.
009 Reclosers
A recloser is a switch or a circuit
break that establishes an electrical circuit again manually, remotely, or
automatically after an interruption of service.
028 Reconfigurable casino gaming machines and operational game
software therefor sold as a unit
01-16-2014: Entry status changed
from “A” added to “X” example.
028 Reconfigurable casino and lottery gaming equipment,
namely, gaming machines and operational computer game software therefor sold
as a unit
On 1-1-2012 this entry of 10-8-2009 was transferred from
Class 9 in accordance with 10th Edition of Nice Agreement, and the wording
“sold as a unit” was added to the entry. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
042 Reconstruction of database systems for others
On
01-01-2014, the 02-09-2007 entry “Reconstruction of databases for others” was
amended to “Reconstruction of database systems for others.” “Database system”
refers collectively to the database model, database management system (a
software system designed to allow the definition, creation, querying, update,
and administration of databases), and database content.
009 Recorded computer operating programs
On
04-02-2015, the 06-18-2009 entry, “Computer operating recorded programs” was
amended to “Recorded computer operating programs” to match the TM5 approved
entry.
041 Recreational dog run services
These services are
classified in Class 41 because they are pet exercise services.
012 Recreational vehicle accessories, namely, awnings
On 05-31-12, this 06-01-2001 entry was deleted from the Manual and replaced
with “Awnings for vehicles [not of metal]” in Class 22. This wording is still
acceptable in Class 22.
012 Recreational vehicles, namely, toy haulers
These
goods are recreational vehicles used to carry smaller vehicles, such as
motorcycles and snowmobiles.
011 Recuperative thermal oxidizers for industrial air
pollution control
Thermal oxidizers, also known as “thermal
incinerators,” are apparatus used to control air pollution by decomposing
gases at high temperatures and releasing the gases into the atmosphere.
Thermal oxidizers for industrial air pollution control is acceptable wording;
further specification is acceptable, but it is not required.
011 Recuperative thermal oxidizers for industrial air
pollution control of {specify, e.g., volatile organic compounds, airborne
toxins, etc.}
Thermal oxidizers, also known as “thermal
incinerators,” are apparatus used to control air pollution by decomposing
gases at high temperatures and releasing the gases into the atmosphere.
Thermal oxidizers for industrial air pollution control is acceptable wording;
further specification is acceptable, but it is not required.
011 Recuperators for chemical processing
These goods
are in the nature of heat exchangers.
039 Recycling services, namely, collecting used fat or
vegetable oil or cooking oil for purposes of converting it to biofuel or
blending it with petroleum diesel to create biodiesel fuel
On
01-01-2016, this 09-11-2008 entry was transferred from Class 37 to Class 39 in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “collection of recyclable goods
[transport]” was added to the Alphabetical List in Class 39. These services
involve the transportation of goods for recycling.
002 Red lead
Red lead is a pigment and is also known
as minium.
033 Red wines
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
025 Redingotes
05-21-2015: A redingote is a woman's
coat with a close-fitting top and a full skirt.
001 Reducing agents for use in photography
A reducing
agent is a substance that reduces another substance in a chemical reaction. A
reducing agent is used in photography to lessen the density of a negative or
print by oxidizing some of the slackened silver.
003 Reed diffusers comprised of scented oils and also
including reeds and a diffuser container
These goods are classified
in Class 3 because the primary component of the goods is the scented oils;
non-electric diffusers sold with scented oils are classified in Class 3.
003 Reeds and scented oils sold as a unit for use in room
scent diffusers
3-11-10 - The 11-26-09 entry “Reed diffusers sold
with scented oils” was changed to read “reeds and scented oils sold as a unit
for use in room scent diffusers” to avoid confusion with the diffuser
container itself in 11.
005 Refills for air fresheners
On 1-1-2012 this entry
of 9-13-2007 was deleted from Class 5 pursuant to the deletion of “air
freshening preparations” from the 10th Edition of the Nice Agreement. The
phrase, “air freshening preparations,” is used in advertising literature to
refer to both “air fragrancing preparations” in Class 3 and “air deodorizing
preparations” in Class 5, which have distinctly different functions and are
classified in different classes.
009 Reflectors for microscopes
On 01-09-2014, the
07-20-2004 entry was amended to delete the brackets around “for microscopes”
in order to clarify the nature of the reflectors. The identification should
specify the type of reflector for classification purposes, e.g., Vehicle
reflectors in Class 11.
009 Reflectors for telescopes
On 01-09-2014, the
07-20-2004 entry was amended to delete the brackets around “for telescopes” in
order to clarify the nature of the reflectors. The identification should
specify the type of reflector for classification purposes, e.g., Vehicle
reflectors in Class 11.
011 Reflectors for vehicles
01-09-2014: Status of
acceptable entry changed from “A”-Added to “X”-Example.
044 Reforestation services
Reforestation services
involve planting trees or tree seeds in a previously forested area.
019 Refractory blocks, not of metal
This entry was
modified as a result of changes that were implemented in the 9th edition of
the Nice Agreement.
019 Refractory bricks, not of metal
This entry was
modified as a result of changes that were implemented in the 9th edition of
the Nice Agreement.
019 Refractory castable mixes, not of metal
This
entry was modified as a result of changes that were implemented in the 9th
edition of the Nice Agreement.
019 Refractory furnace linings, not of metal
This
entry was modified as a result of changes that were implemented in the 9th
edition of the Nice Agreement.
019 Refractory shapes, not of metal
This entry was
modified as a result of changes that were implemented in the 9th edition of
the Nice Agreement.
023 Regenerated fiber thread and yarn for textile use
On 03-13-2014, this 07-20-2004 entry “Regenerated fiber thread and yarn [for
textile use]” was modified to incorporate the bracketed wording into the
identification for clarity.
011 Regenerative thermal oxidizer used to destroy airborne
volatile organic compounds, airborne toxins, odors and other air pollutants
from industrial operations
11-28-2013: Entry status changed from “A”
added to “X” example.
045 Registration of domain names for identification of users
on a global computer network [legal service]
Transferred from Class
42 pursuant to 9th edition of Nice Agreement. 03-20-2014: “Registration of
domain names [legal services]” appears in the Nice Alphabetical List in Class
45. The characterization of these activities as a “[legal service]” is for
clarification purposes, and the bracketed language is not part of the
identification of services.
011 Regulating accessories for water supply, namely, metered
valves
Class 11 includes valves for plumbing and heating and cooling
installations regardless of material composition. If not for these purposes,
note that manually operated metal valves are in Class 6; valves being machine
parts and engine valves 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 operated valves are in Class 20.
035 Regulatory fuel tax and driver log auditing for the
transportation industry
On 1-1-2013, the 04-01-2005 entry was amended
by changing “audit reporting” to “auditing” to clarify the nature of the
services. These services are classified in Class 35 because they involve
accounting and other business-type activities in Class 35. Effective Jan. 1,
2013, auditing services are classified in Class 35 when they involve
accounting and other business-type activities, and auditing services are
classified in Class 42 when they involve technical analysis and evaluation.
The subject matter being audited does not determine classification.
044 Rehabilitation of alcohol addicted patients
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
044 Rehabilitation of drug addicted patients
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
044 Rehabilitation of narcotic addicted patients
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
035 Release of information (ROI) services for others
Release of information (ROI) services typically involve managing and
processing requests for, and releasing medical or health records in compliance
with Federal and State regulations on behalf of healthcare providers.
042 Religious retreat services
The identification is
broad and ambiguous. It encompasses activities that are classified in various
classes. See specific entries.
045 Reminder services in the area of upcoming important dates
and events
This entry was transferred from Class 42 to Class 45 due
to the restructuring of Class 42 that was implemented in the 8th edition of
the Nice Agreement. On 07-10-2014, this 01-01-2002 entry was deleted because
the rationale for classification in Class 45 was not clear. Note that the
entry for “Personal reminder services in the area of upcoming important dates
and events” remains in Class 45.
042 Remote computer network technical monitoring and software
maintenance services
On 08-09-2012, the 12-04-2008 entry was deleted
because it is ambiguously worded and because these services appear to be
covered by two separate entries, “Monitoring of computer systems by remote
access to ensure proper functioning” and “Maintenance of computer software” in
Class 42.
009 Remote controls for {indicate specific devices, e.g.
radios, televisions, stereos} [excluding gaming apparatus]
On
01-01-2015, this 01-02-1997 entry was amended to add the bracketed wording in
compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. “Controllers for toys” appears in Class 28 in the
Alphabetical List under Nice 10-2015.
044 Remote monitoring of data indicative of the health or
condition of an individual or group of individuals for medical diagnosis and
treatment purposes
On 08-09-2012, the 11-1-2004 entry was modified by
inserting “for medical diagnosis and treatment purposes” to make clear the
nature of the services and the justification for classifying them in Class
44.
042 Remote monitoring of printers for others [quality
control]
On 08-09-2012, the 01-03-2008 entry was modified by deleting
“Print management services, namely” and inserting the bracketed wording to
make clear the nature of the services and the justification for classifying
them in Class 42.
042 Remote monitoring of the functioning and use of electrical
equipment, namely, {specify equipment being monitored, e.g., generators, air
conditioners, etc.}
08-09-2012: Monitoring services in Class 42
typically involve the use of computers, sensors, and other technology to
evaluate a mechanical or technological function, or observation and evaluation
to ensure functionality, i.e., quality control. Class 42 monitoring services
also include observation of a physical condition to determine any changes in
that condition.
042 Remote monitoring services of heating, ventilating and air
conditioning apparatus [quality control]
On 08-09-2012, the
07-01-2001 was modified by inserting the bracketed wording to make clear the
nature of the services and the justification for classifying them in Class
42.
012 Remotely controlled land vehicle [for transport]
This entry should not be used for remotely controlled toy vehicles that are in
Class 28. These are vehicles that are often used in dangerous situations such
as bomb disposal.
016 Removable tattoo transfers [similar to decals]
On
09-12-2013, this 01-01-1995 entry was modified from “Temporary tattoos” to the
current wording to make clear the rationale for classification in Class 16. As
previously written, the ID could be interpreted to include “temporary tattoo
sprays and stencils” in Class 3. Temporary tattoos are non-permanent images or
designs on the skin resembling real tattoos that can be drawn (via markers or
ink), painted (via face or body paints), airbrushed (via ink or body paints)
or transferred (via transfers) to the skin. Therefore, the “transfer” form of
the removable tattoos must be indicated to justify Class 16. Note that
“temporary tattoo transfers for use as cosmetics” are in Class 3 as
beautification or appearance enhancing items.
036 Rent payment services provided via {indicate the method by
which the payment services are offered, e.g., mobile applications, a website,
etc.}
Rent payment services is acceptable wording; further
specification is acceptable but is not required.
041 Rental and computerized on-line rental services featuring
interactive software and hardware home entertainment and consumer electronics
in the nature of motion pictures, films, movies, prerecorded digital versatile
discs (or DVDs), prerecorded videotape cassettes, audio, audio recordings in a
variety of genres
The original entry from 02-28-2008 was removed as
overly broad and potentially misclassified. The term “hardware” includes
rental of computer hardware in Class 42. The wording “and consumer
electronics” is too vague and potentially inclusive of rental services in
other classes. “Audio” by itself is unclear.
043 Rental and leasing of lighting apparatus and lighting
systems for use in municipality lighting and public events
On
01-01-2013, this 07-01-2010 entry was transferred from Class 37 to Class 43 as
required by the Nice Classification, Tenth edition, version 2013, effective
1-1-13, which indicates that Rental of lighting apparatus for theatrical sets
or television studios is in Class 41, and Rental of lighting apparatus other
than for theatrical sets or television studios is in Class 43.
035 Rental of advertising space on {indicate nature of space,
e.g., web sites, personal vehicles, public transportation vehicles, etc.}
Rental of advertising space is acceptable wording; further specification
is acceptable, but it is not required.
044 Rental of agricultural equipment
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
043 Rental of baby cribs and high chairs
10-1-09 -
The 10-5-06 entry was transferred from Class 45. This is rental of furniture
even if it is specialized baby furniture so it is in Class 43 with other
furniture rental services.
043 Rental of banquet and social function facilities for
special occasions, namely, {specify nature of event, e.g., wedding receptions,
birthday parties, etc.}
06-20-2013 - Banquet and social function
facilities are general purpose facilities, which may be used for a variety of
purposes such as wedding receptions, retirement parties, or high school proms.
Although rental of general purpose facilities, such as convention centers and
exhibition halls, is classified in Class 43, rental of specialized
facilities/facilities for a particular purpose is classified according to
purposes, e.g., rental of telecommunications facilities in Class 38; rental of
stadium facilities in Class 41.
043 Rental of bar equipment
Rental services are in
principle classified in the same class as the services provided by means of
the rented objects - in this case, bar equipment is used with the serving of
drinks and food
043 Rental of bed and bath linens
Rental services are
in principle classified in the same class as the services provided by the
rented objects. In this case, bed and bath linens are used in association
with the provision of temporary accommodations so they are in Class 43
044 Rental of beds specially made for medical treatment
purposes
An example of this would be a bed for burn patients since
the bed itself is part of the treatment - it is not just the type of bed that
may be raised and lowered in sections as hospital beds are. Rental of that
type of bed would be in Class 43.
043 Rental of blankets
Rental of blankets is
classified in Class 43 because it is related to providing temporary
accommodations, which is also classified in Class 43.
043 Rental of chairs, tables, table linen, glassware
Rental services are in principle classified in the same class as the services
provided by the rented objects. In this case, chairs, tables, table linens
and glassware are used in association with the provision of food (e.g.,
catering or restaurant services) or temporary accommodations, so they are in
Class 43
045 Rental of clothing
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
042 Rental of computer hardware and computer software
Rental of computer game software is in Class 41.
042 Rental of computer software and programs
Rental
of computer game software is in Class 41.
042 Rental of computer software
Rental of computer
game software is in Class 41.
042 Rental of computers and software
Rental of
computer game software is in 41.
041 Rental of costumes
This entry was transferred
from Class 42 to Class 41 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
042 Rental of data processing apparatus
7/10/08 -
Service transferred from Class 35. At one time, data processing equipment was
used primarily by business but is now used by various enterprises for
non-business purposes.
041 Rental of diving equipment
This covers rental of
equipment for sport purposes.
037 Rental of drainage pumps
Rental services are
classified in the same class as the service rendered using the goods being
rented. Drainage pumps are generally used for repair and maintenance
activities in Class 37. Therefore, these rental services are in Class 37.
045 Rental of dresses
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
043 Rental of drinking water equipment, namely, coolers and
hot and cold dispensing consoles
On 10-6-2011, this 1-1-2002 entry
was deleted because, although acceptable, it is too similar to existing entry
for “Rental of drinking water dispensers” 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
042 Rental of electronic sports training simulators
Sports training simulators are computer hardware and software-based apparatus.
Computer rental and Rental of computer software are in the Nice Alphabetical
List in Class 42. Therefore, rental of sports training simulators is in Class
42 even though they are for training purposes.
035 Rental of electronic voting systems and providing
operators therefor
This entry was transferred from Class 42 to Class
35 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement.
041 Rental of electronic books that may be downloaded from an
Internet website
04-07-2016: Rental of electronic books that may be
downloaded from an Internet website encompasses the rental of books which are
tethered downloads. Tethered downloads are computer files that feature
conditions or limitations as to the use of the files, such as restrictions in
the ability to copy the files or requirements for periodic payments to use the
files.
042 Rental of electronic simulators for {indicate purpose,
e.g., airplane navigation training, medical clinican training, etc.}
Electronic simulators are computer hardware and software-based apparatus.
“Computer rental” and “Rental of computer software” are in the Nice
Alphabetical List in Class 42. Therefore, rental of electronic simulators is
in Class 42 even though they are for training purposes.
045 Rental of evening dresses
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Rental of evening wear
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
041 Rental of facilities and equipment for the production of
radio and television programs, musical and theatrical productions, namely,
performance venues, studios, sets, dressing rooms
On 06-27-2013, the
status of this entry was changed from “A” to “X” to indicate that it is an
example of acceptable wording under current USPTO policy.
044 Rental of farming equipment
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016:
Rental of farming equipment does not encompass rental of vehicles. Rental of
tractors is classified in Class 39.
041 Rental of firearms for target shooting at gun firing
ranges
Rental services are in principle classified in the same
classes as the services provided by means of the rented objects. See Nice
General Remarks in TMEP §1401.02(a). Rental of firearms for target shooting
at gun firing ranges is classified in Class 41 based on the wording “sporting
and cultural activities” and “providing of training” in the Nice Class Heading
for Class 41.
041 Rental of firearms for use in hunting
Rental
services are in principle classified in the same classes as the services
provided by means of the rented objects. See Nice General Remarks in TMEP
§1401.02(a). Rental of firearms for use in hunting is classified in Class 41
based on the wording “sporting and cultural activities” in the Nice Class
Heading for Class 41.
041 Rental of firearms for use in firearms training
Rental services are in principle classified in the same classes as the
services provided by means of the rented objects. See Nice General Remarks in
TMEP §1401.02(a). Rental of firearms for use in firearms training is
classified in Class 41 based on the wording “providing of training” in the
Nice Class Heading for Class 41.
044 Rental of fishing machines and instruments
This
service does not seem to fit within the Class Heading or Explanatory Notes of
Class 44.
044 Rental of fixed toilet facilities
06-20-2013 -
Although services involving provision of general purpose facilities, such as
convention centers and exhibition halls, are classified in Class 43, services
involving provision of specialized facilities/facilities for a particular
purpose are classified according to the intended purpose. In this case, fixed
toilet facilities serve hygienic purposes, see the Class 44 Heading and
Explanatory Note. Therefore, providing fixed toilet facilities is classified
in Class 44.
042 Rental of flight simulators
Flight simulators use
computer technology to re-create the flight conditions for training purposes,
or for design and testing purposes. Computer rental and Rental of computer
software are in the Nice Alphabetical List in Class 42. Therefore, rental of
flight simulators is in Class 42 because they function as computer hardware
and software-based apparatus.
043 Rental of food service equipment
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Rental of footwear
On 07-04-2013, this 05-08-2008
entry was amended from “Footwear rental” to the above for consistency with
other similar entries in the Manual.
045 Rental of formal wear
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
043 Rental of furniture
This entry was transferred
from Class 42 to Class 43 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
043 Rental of furniture and household furnishings in the
nature of appliances and electronic equipment for use in temporary housing
accommodations
On 10-02-2014, this 09-01-04 entry was deleted because
the wording “appliances and electronic equipment for use in temporary housing
accommodations” was overbroad, in that it could be construed as including
large-scale appliances and equipment, such as dish washing machines (the
rental of which is classified in Class 37) and refrigerator-freezers (the
rental of which is classified in Class 39). This deleted entry has been
replaced with “Rental of small kitchen appliances” in Class 43.
039 Rental of garment travel bags for {indicate type of
garment, e.g., bridal gowns, tuxedos, etc.}
Rental of garment bags
for travel is acceptable wording; further specification is also acceptable,
but it is not required.
039 Rental of horses for transportation purposes
On
01-17-2013, this 04-02-1991 entry was modified by inserting “for
transportation purposes” to make clear the justification for classifying the
services in Class 39.
045 Rental of keyboxes
The term “keyboxes” may also
be spelled “key boxes.”
040 Rental of knitting machines
This entry was
transferred from Class 42 to Class 40 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
043 Rental of lighting apparatus for {indicate purpose OTHER
than for theatrical sets or television studios or similar purposes, e.g.,
decorating private residences, public parks, parking lots, etc.}
Rental of lighting apparatus for theatrical sets or television studios is in
Class 41.
044 Rental of lobster traps
This is analogous to a
harvest service in Class 44.
045 Rental of lockboxes
The term “lockboxes” may also
be spelled “lock boxes.”
042 Rental of medical diagnostic simulators for use as
teaching aids
Medical diagnostic simulators are computer hardware and
software-based apparatus. “Computer rental” and “Rental of computer software”
are in the Nice Alphabetical List in Class 42. Therefore, rental of medical
diagnostic simulators is in Class 42 even though they are for training
purposes.
044 Rental of medical equipment
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
040 Rental of misting systems for outdoor cooling
The
Class 40 Explanatory Note indicates that this Class includes “services
relating to transformation of an object or substance and any process involving
a change in its essential properties.” The process of cooling involves a
change in the temperature of the air. Therefore, rental of misting systems for
outdoor cooling are in Class 40. Additionally, these services are comparable
to “Rental of air conditioning apparatus,” which appears in the Nice
Alphabetical List in Class 40.
041 Rental of musical recordings that may be downloaded from
an Internet web site
Rental of musical recordings that may be
downloaded from an Internet web site encompasses the rental of musical
recordings which are tethered downloads. Tethered downloads are computer
files that feature conditions or limitations as to the use of the files, such
as restrictions in the ability to copy the files or requirements for periodic
payments to use the files.
042 Rental of navigation bridge simulators for use in maritime
training and education
On 02-28-2013, this 03-26-09 entry was
transferred from Class 41 to 42 because “Computer rental” and “Rental of
computer software” are in the Nice Alphabetical List in Class 42, and the
rental of computer hardware and software is in Class 42 even if it is for
education purposes.
039 Rental of personal watercraft, namely, {specify type,
e.g., jet boats, water scooters, etc.}
Rental of personal watercraft
services are classified in Class 39 because the primary purpose of
watercrafts, such as personal jet boats and water scooters, is transportation.
Accordingly, rental of such items is justified in Class 39.
041 Rental of photographic equipment [cameras, lights, etc. -
equipment related to the taking of photographs, not development of film]
This entry was transferred from Class 42 to Class 41 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement. The service encompasses the rental of cameras and other equipment
related to the taking of pictures. Rental of developing equipment is in Class
40 since the service of developing photographs is in Class 40.
043 Rental of pillows
Rental of pillows is classified
in Class 43 because it is related to providing temporary accommodations, which
is also classified in Class 43.
043 Rental of portable buildings
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Rental of portable sinks with hot and cold water
reservoirs
Although services involving provision of general purpose
facilities, such as convention centers and exhibition halls, are classified in
Class 43, services involving provision of specialized facilities/facilities
for a particular purpose are classified according to the intended purpose. For
example, the rental of kitchen sinks is in Class 43. In this case, portable
sinks with hot and cold water reservoirs serve hygienic purposes, see the
Class 44 Heading and Explanatory Note. Therefore, providing portable sinks
with hot and cold water reservoirs is classified in Class 44.
043 Rental of portable sports bar and hospitality units
On 10-6-2011 this 9-27-2011 entry was deleted because, although
acceptable, it is too specific to be of use to a broad range of customers.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Rental of pre-recorded videos that may be downloaded from
an Internet web site
04-07-2016: Rental of video recordings which are
tethered downloads. Tethered downloads are computer files that feature
conditions or limitations as to the use of the files, such as restrictions in
the ability to copy the files or requirements for periodic payments to use the
files.
043 Rental of private mansions as temporary living
accommodations for vacation stays
On 10-6-2011, this 3-18-2010 entry
was deleted because, although acceptable, it is too specific to be of use to a
broad range of customers. 08-29-2013: Acceptable entry status changed from “D”
deleted to “X” example.
045 Rental of protective clothing and protective equipment for
safety purposes
This entry was transferred from Class 42 to Class 45
due to the restructuring of Class 42 that was implemented in the 8th edition
of the Nice Agreement. 11-4-10 - The 1-1-2002 entry was amended to add the
words “for safety purposes.” Protective clothing and equipment offers
protection in a life threatening situation, i.e., is life preserving or
protects against fire, accidents and irradiation.
035 Rental of publicity material
12-24-09 - This item
was entered in Class 40 by mistake in the 12-17-09 update. It has been
corrected to Class 35.
039 Rental of recycling containers
According to the
Nice Agreement's General Remarks, rental services are classified in the same
class as the services provided by means of the rented object. In this case,
recycling containers are for picking up and transporting the recyclable
materials from a business or residence to the recycling plant. The pick-up and
transportation of recyclable materials are in Class 39. Therefore, rental of
recycling containers is in Class 39.
043 Rental of rooms as temporary living accommodations
This entry was transferred from Class 42 to Class 43 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement. 8-27-09 - Entry of 1-1-02 changed from “rental of rooms” to “rental
of rooms as temporary living accommodations” to avoid IDs in Class 43 for
rental of room for specific non-residential purposes, e.g., rental of rooms
for use as recording studios would be in Class 41.
044 Rental of sanitation facilities
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
040 Rental of sewing machines
This entry was
transferred from Class 42 to Class 40 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
041 Rental of skin diving equipment
This covers
rental of equipment for sport purposes.
043 Rental of small kitchen appliances
The wording
“small kitchen appliances” refers to kitchen appliances that are typically
used on the countertop for the preparation of food and/or beverages (e.g.,
blenders, coffee makers, mixers, food processors, etc.).
042 Rental of smartwatches
Rental services are
classified in the same class as the service rendered using the goods being
rented. Rental of smartwatches is classified in Class 42 based on the wording
“technological services” in the Class 42 Heading and by analogy to “computer
rental” which appears in the Nice Alphabetical List in Class 42. Rental of
watches is in Class 45 because watches are personal, clothing accessory-type
goods (similar to jewelry); rental of personal items such as clothing and
clothing accessories is in Class 45 because the rental service meets the needs
of individuals.
037 Rental of snow blowers
Rental of snow blowers is
classified in Class 37 pursuant to the Nice Classification’s General Remarks
because snow blowers are used in connection with snow removal services in
Class 37.
036 Rental of space in marketplaces for sellers of goods
and/or services [physical location, not on-line]
Note added that this
activity refers to a physical location at which the applicant rents space for
sellers of goods and services. It is not an online marketplace which is in 35
regardless of what is being offered at the marketplace. 10/25/07 - changed
“operation of marketplaces” to current wording since “operation” of a physical
marketplace can include activities such as maintenance in Class 37 or security
services in Class 45.
041 Rental of sports equipment, except vehicles
Vehicle rental services are classified in Class 39.
041 Rental of sports equipment
On January 10, 2013,
this November 29, 2007 entry was deleted from the Manual because it is overly
broad for classification purposes. Rental of vehicles which are used as
sports equipment is classified in Class 39. “Rental of sports equipment” was
withdrawn from the Approved Trilateral List in Class 41.
041 Rental of stadium facilities
06-27-2013 -
Although services involving rental of general purpose facilities, such as
banquet facilities, are classified in Class 43, services involving rental of
specialized facilities/facilities for a particular purpose are classified
according to the intended purpose. Stadiums are generally used for sporting
events and music concerts, which serve entertainment purposes. Therefore,
rental of stadium facilities is classified in Class 41.
041 Rental of stand-up paddleboards for recreational
purposes
On 01-01-2016, this 04-10-2014 entry was modified to replace
“paddle boards” with “paddleboards” in order to align the spelling of the term
with other Manual entries.
045 Rental of sunglasses
Rental of sunglasses are in
Class 45 because sunglasses are clothing accessory-type goods (in that they
are worn on the body) and also could be considered protective-type goods (in
that they protect the eyes from the sun).
043 Rental of table linens
Rental services are in
principle classified in the same class as the services provided the rented
objects. In this case, bed and bath linens are used in association with the
provision of food (e.g., catering or restaurant services) or temporary
accommodations, so they are in Class 43
043 Rental of tents
This entry was transferred from
Class 42 to Class 43 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
039 Rental of tractors
On 01-01-2016, this 04-02-1991
entry was transferred from Class 37 to Class 39 in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016.
045 Rental of uniforms
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
045 Rental of watches
Rental of watches is in Class
45 because watches are personal, clothing accessory-type goods (similar to
jewelry). Rental of personal items such as clothing and clothing accessories
is in Class 45 because the rental service meets the needs of individuals
040 Rental of water filtration units for commercial use
This was transferred from Class 37. Water filtration is a treatment
activity so rental of a unit that performs that activity is in Class 40.
000 Rental services in the field of {indicate goods, e.g.,
telephones, construction equipment, etc.} [classification depends, in
principle, on the services provided by means of the rented objects]
Rental services are in principle classified in the same classes as the
services provided by means of the rented objects, e.g., rental of construction
equipment is in Class 37, rental of telephones is in Class 38, and rental of
motor vehicles are in Class 39.
035 Renting of advertising spaces
On 5-26-2011, this
4-17-2008 entry was deleted because it is covered by an existing Manual entry,
“Rental of advertising space” 09-26-2013: Acceptable entry status changed from
“D” deleted to “X” example.
037 Repair and maintenance of ships at shipyards
Repair and maintenance of ships is acceptable wording; further specification
is acceptable, but it is not required.
026 Repair kits for personal protective safety and survival
garments providing flotation and hypothermia protection comprising swatches or
patches of garment material and tubes of adhesive and/or sealant
07-04-2013: Status changed from “A” - Added to “X” - example.
037 Repair of {indicate specific item, e.g., automobiles,
furniture, watches}
Note that the bracketed portion of the ID lists
hard goods; maintenance of software is in Class 42, not class 37.
011 Replacement components for automotive air conditioners,
namely, driers and blower motors
6-18-09 - expansion valves deleted
from 8/16/09 - these are control mechanisms and should be in Class 9.
040 Replication of CDs
CD replication is a custom
manufacturing process that involves the actual pressing or stamping of the
discs in large quantities at production facilities, rather than simply
duplicating or “burning” blank CDs/DVDs.
040 Replication of DVDs
DVD replication is a
manufacturing process that involves the actual pressing or stamping of the
discs in large quantities at production facilities, rather than simply
duplicating or “burning” blank CDs/DVDs.
040 Reproduction of museum artwork
This entry was
transferred from Class 42 to Class 40 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
009 Rescue sleds
On 9-13-2012, the 2-9-2007 entry
“Rescue apparatus, namely, rescue sleds” was amended to “Rescue sleds.”
042 Research and analysis in the field of medicine
On
06-07-2012, the 07-22-2010 entry was deleted because it is ambiguous and may
include services in Class 44. The scope of activities intended to be covered
by this entry in Class 42 are covered by “Medical research” in Class 42.
042 Research and development of advanced learning technologies
and teaching methods
09/10/2015: Research and development of
“technologies” relates to the use of industrial arts and applied science for
the invention of useful things such as machines, equipment, software or
formulas to achieve practical objectives. “Teaching methods” are the
procedures for approaching or accomplishing instruction. Thus, the services
as identified are in Class 42 based on the Class 42 Heading general indication
“Scientific and technological services and research and design relating
thereto.”
042 Research and development and consultation related thereto
in the field of {indicate field or subject matter}
This is research
and development of goods or services in a scientific or medical field.
Research and development in other areas, such as finance, insurance,
education, should be classified according to subject matter.
042 Research and development in the field of {indicate
scientific or medical field or subject matter}
This entry refers to
research and development of goods or services in a scientific or medical
field. Research and development in other areas, such as finance, insurance,
and education, should, generally, be classified according to subject
matter.
042 Research in the area of environmental protection
While this wording is still acceptable, this entry was deleted from the Manual
on 03-17-2011 because it duplicates the existing entry “Research in the field
of environmental protection” in Class 42. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example. 06-16-2016 - Research in the area of
environmental protection involves scientific testing, study, and analysis of
the physical and natural environment. The services are classified in Class 42
based on “scientific ... research and design relating thereto” in the Class 42
Heading.
042 Research in the field of {indicate scientific field, e.g.,
physics, bacteriology, etc.}
07-14-2011 Scientific research services
are classified in Class 42 based on the wording in the Class 42 Heading.
USPTO requires specification of the field of scientific research. 11-13-2014
This Note supersedes the prior Note. “Scientific research” is acceptable
wording; further specification of a particular branch of science is also
acceptable, but it is not required. This particular Manual entry covering
research services requires indication of a scientific field to justify the
classification in Class 42.
041 Research in the field of education via the internet
09-30-10 The 08-07-08 entry, “Educational research,” was amended to
“Research in the field of education” to clarify the nature of the services.
These services include, for example, research on the public school system,
pedagogy, etc., but do not include all types of research conducted for
academic purposes. Scientific research is classified in Class 42 even if it is
conducted for academic purposes. 07-14-2011 Scientific research and research
services directly related to tangible items, such as cosmetics,
pharmaceuticals, or new products, are classified in Class 42 because those
research activities generally involve the science-based testing and analysis
of the physical properties of the item. On the other hand, research services
relating to an intangible subject matter are classified according to the
nature of the intangible. For example, business research and legal research
are classified in Classes 35 and 45, respectively.
042 Research in the field of intelligence and security
technology
9-23-10 - The word technology was added to the end of this
id to clarify that the research is technology-related.
042 Research in the field of manufacturing machinery
07-14-2011 Scientific research and research services directly related to
tangible items, such as cosmetics, pharmaceuticals, or new products, are
classified in Class 42 because those research activities generally involve the
science-based testing and analysis of the physical properties of the item. On
the other hand, research services relating to an intangible subject matter are
classified according to the nature of the intangible. For example, business
research, research related to financial instruments, and legal research are
classified in Classes 35, 36, and 45 respectively.
042 Research in the field of {indicate tangible item(s) with
physical properties, e.g., cosmetics, pharmaceuticals, new products, etc.}
07-14-2011 Scientific research and research services directly related to
tangible items, such as cosmetics, pharmaceuticals, or new products, are
classified in Class 42 because those research activities generally involve the
science-based testing and analysis of the physical properties of the item. On
the other hand, research services relating to an intangible subject matter are
classified according to the nature of the intangible. For example, business
research, research related to financial instruments, and legal research are
classified in Classes 35, 36, and 45 respectively.
040 Research in the field of manufacturing processes
07-14-2011 Scientific research and research services directly related to
tangible items, such as cosmetics, pharmaceuticals, or new products, are
classified in Class 42 because those research activities generally involve the
science-based testing and analysis of the physical properties of the item. On
the other hand, research services relating to an intangible subject matter are
classified according to the nature of the intangible. For example, business
research, research related to financial instruments, and legal research are
classified in Classes 35, 36, and 45 respectively.
041 Research in the field of education
09-30-10 The
04-02-91 entry, “Educational research,” was amended to “Research in the field
of education” to clarify the nature of the services. These services include,
for example, research on the public school system, pedagogy, etc., but do not
include all types of research conducted for academic purposes. Scientific
research is classified in Class 42 even if it is conducted for academic
purposes. 07-14-2011 Scientific research and research services directly
related to tangible items, such as cosmetics, pharmaceuticals, or new
products, are classified in Class 42 because those research activities
generally involve the science-based testing and analysis of the physical
properties of the item. On the other hand, research services relating to an
intangible subject matter are classified according to the nature of the
intangible. For example, business research and legal research are classified
in Classes 35 and 45, respectively.
042 Research in the field of environmental protection
06-16-2016 - Research in the field of environmental protection involves
scientific testing, study, and analysis of the physical and natural
environment. The services are classified in Class 42 based on “scientific ...
research and design relating thereto” in the Class 42 Heading.
009 Research laboratory analyzers for measuring, testing and
analyzing blood and other bodily fluids
Modified entry of 4/12/07:
“Clinical laboratory analyzers for measuring, testing and analyzing blood and
other bodily fluids” re-worded to replace “clinical” with “research” to
justify Class 9. Apparatus for use in medical analysis is in the Nice
Alphabetical List in Class 10. Prior Note: Incorrect class (23) noted in
original entry made on 4/5/07.
042 Research on machines
Scientific research and
research services directly related to tangible items, such as cosmetics,
pharmaceuticals, or new products, are classified in Class 42 because those
research activities generally involve the science-based testing and analysis
of the physical properties of the item. On the other hand, research services
relating to an intangible subject matter are classified according to the
nature of the intangible. For example, business research and legal research
are classified in Classes 35 and 45, respectively.
042 Research relating to environmental protection
While this wording is still acceptable, this entry was deleted from the Manual
on 03-17-2011 because it duplicates the existing entry “Research in the field
of environmental protection” in Class 42. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example. 06-16-2016 - Research relating to
environmental protection involves scientific testing, study, and analysis of
the physical and natural environment. The services are classified in Class 42
based on “scientific ... research and design relating thereto” in the Class 42
Heading.
035 Reseller services, namely, distributorship services in the
field of cable and DSL television and internet entertainment products and
services
On 11-3-2011, this 8-14-2008 entry was deleted because,
although acceptable, it is covered by the existing fill-in entry for “Reseller
services, namely, distributorship services in the field of {indicate specific
field or goods}” 09-26-2013: Acceptable entry status changed from “D” deleted
to “X” example.
035 Reseller services, namely, distributorship services in the
field of {indicate specific field or goods}
A distributorship is
typically the “middleman” between the manufacturer and the retail store
service provider. The distributorship buys goods in bulk from the manufacturer
and generally sells them to other retailers, but not to consumers. 05-22-2014:
The previous note was amended for accuracy to add the words “generally” and
“typically.”
039 Reservation and booking of seats for travel
11-17-2011: While this wording is still acceptable, the 11-29-2007 entry is
being deleted from the Manual because it is covered by the existing entry
“Booking of seats for travel” in Class 39.
043 Reservation of hotel rooms for travellers
On
10-6-2011, this 7-20-2004 entry was deleted because, although acceptable, it
is too similar to an existing entry for “Reservation of hotel rooms for
travelers” 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Reservation of hotel rooms for travelers
11-17-2011: While this wording is still acceptable, the 07-20-2004 entry is
being deleted because it is covered by the existing entry “Making hotel
reservations for others” in Class 43. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
043 Reservation of rooms for travellers
ON 10-6-2011,
this 7-20-2004 entry was deleted because, although acceptable, it is too
similar to an existing entry for “Reservation of hotel rooms for
travelers”
042 Reservations (Hotel)
The identification should
make it clear that this service is being performed for others. This entry was
replaced by “making hotel reservations for others” but remained in Class
42.
017 Resins in bars, blocks, pellets, rods, sheets and tubes
for general industrial use
06-13-2013. Under the Nice Agreement,
unprocessed artificial resins are classified in Class 1, raw natural resins
are classified in Class 2, and semi-processed resins are classified in Class
17. Identifications for resins in Class 17 that indicate the specific
semi-finished form(s) of the resins (e.g., pellets, bars, rods, sheets, tubes,
etc.) do not require additional wording to indicate that the goods are
“semi-processed.”
024 Resin-saturated fiberglass fabric for use in
transportation, armoring, structural reinforcement, and structural repairs
Previously in Class 17 - classification correction
043 Resort hotel services
This entry was transferred
from Class 42 to Class 43 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement. Note that this service
does not refer to any sports activity services. Sports activities offered at
resorts are classified in Class 41 and the type of sport must be indicated in
the ID.
043 Resort lodging services
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
044 Rest home services
01-01-2002: This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Rest homes” to “Rest home
services” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
043 Restaurant
On 10-6-2011, this 11-29-2007 entry
was deleted because it is too similar to an existing entry for “Restaurant
services” 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Restaurant and bar services, including restaurant carryout
services
On 10-6-2011, this 6-17-2010 entry was deleted because,
although acceptable, is too specific to be of use to a broad range of
customers. 08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Restaurant and bar services
On 10-6-2011, this
9-1-2005 entry was deleted because it is covered by separate entries for
“Restaurant services” and “Bar services” 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Restaurant franchising, namely, offering business
management assistance in the establishment and/or operation of restaurants
12-3-09 - “namely, offering business management assistance in the
establishment and/or operation of restaurants” was added to the 4-2-1991
entry. Restaurant franchising by itself could include assistance in
information technology, financial assistance or assistance in other fields
that would not be included in Class 35 assistance. It also makes this
“franchising” entry consistent with other similar entries in the Manual.
043 Restaurant services featuring sandwiches
On
10-6-2011, this 8-23-2007 entry was deleted because, although acceptable, it
is too specific to be of use to a broad range of customers. 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
043 Restaurant, bar and catering services
On
10-6-2011, this 11-29-2007 entry was deleted because it is covered by separate
entries for “Restaurant services” “Bar services” and “Catering services”.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
043 Restaurants
On 10-6-2011, this 1-1-2002 entry was
deleted because it is too similar to an existing entry for “Restaurant
services” 08-29-2013: Acceptable entry status restored from “D” deleted to “A”
added as of original effective date.
043 Restaurants featuring home delivery
This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 07-09-2015:
These services are classified in Class 43 because “Restaurants” is listed
first as the primary service. The fact that the restaurants feature home
delivery is secondary to the primary service.
040 Restoration and/or enhancement of photographs
This is physical restoration and/or enhancement of photographs, not a digital
or computerized process.
037 Restoration of fine artwork
02-11-2016:
Restoration of fine artwork is classified in Class 37 because those activities
are primarily repair services. Even though art restoration might entail
painting or re-painting of artwork, those activities are not being offered as
separate services.
040 Restoration of photographs
This is physical
restoration of photographs, not a digital or computerized process.
037 Restoration of works of art
02-11-2016:
Restoration of works of art is classified in Class 37 because those activities
are primarily repair services. Even though art restoration might entail
painting or re-painting of artwork, those activities are not being offered as
separate services.
035 Resume preparation
This entry was transferred
from Class 42 to Class 35 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
009 Resuscitation mannequins
This item is more
appropriately classified in Class 9 since it is a type of teaching apparatus.
It was previously classified in Class 20.
035 Retail {indicate type or field, e.g. clothing, camera,
department, grocery} stores
On 11-17-2011 the entry of 1-2-1997 was
modified to add the term “grocery” as an example of a type or field of retail
stores.
035 Retail apothecary store services
On 11-3-2011,
this 7-24-2008 entry was deleted because, although acceptable, it is covered
by the fill-in entry of “Retail {indicate type of field, e.g., clothing,
camera, department} stores. 07-25-2013: Acceptable entry changed from “D” -
Deleted to “X” - Example status.
035 Retail automobile parts and accessories stores
On
11-3-2011, this 1-2-1997 entry was deleted because, although acceptable, it is
covered by the fill-in entry of “Retail {indicate type or field, e.g.,
clothing, camera, department} stores. 07-25-2013: Acceptable entry status
changed from “D” deleted to “X” example.
035 Retail bakery shops
This is simply a retail
service. Customized cake baking and decorating are in Class 40. This may or
may not be done by the retail bakery, but, in any case, it is a different
service and in a different class from this retail activity.
035 Retail book store services
On 11-3-2011, this
12-20-2007 entry was deleted because, although acceptable, it is covered by
the fill-in entry of “Retail {indicate type or field, e.g., clothing, camera,
department} stores. 07-25-2013: Acceptable entry changed from “D” - Deleted to
“X” - Example status.
035 Retail candy stores
On 11-3-2011, this 7-1-2004
entry was deleted because it is covered by the fill-in entry of “Retail
{indicate type or field, e.g., clothing, camera, department} stores.
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Retail clothing stores
On 11-3-2011, this
1-2-1997 entry was deleted because it is covered by the existing entry of
“Retail {indicate type or field, e.g., clothing, camera, department} stores.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
035 Retail department stores
On 11-3-2011, this
1-2-1997 entry was deleted because, although acceptable, it is covered by the
existing entry of “Retail department store services.” 07-25-2013: Acceptable
entry change from “D” deleted to “X” example status.
035 Retail drug stores
On 11-3-2011, this 1-2-1997
was deleted because, although acceptable, it is covered by the existing entry
of “Retail drug store services.” 07-25-2013: Acceptable entry change from “D”
deleted to “X” example status.
035 Retail electricity provider services, namely, providing a
service that allows customers to purchase energy, namely, renewable energy
On 11-3-2011, this 1-20-2010 entry was deleted because, although
acceptable, it is covered by the existing fill-in entry for “Retail
electricity provider services that allow customers to purchase {specify e.g.,
energy, electricity, renewable energy, etc.} 07-25-2013: Acceptable entry
change from “D” deleted to “X” example status.
035 Retail electricity provider services, namely, providing a
service that allows customers to purchase energy, namely, electricity
On 11-3-2011, this 1-21-2010 entry was deleted because, although acceptable,
it is covered by the existing fill-in entry for “Retail electricity provider
services that allow customers to purchase {specify e.g., energy, electricity,
renewable energy, etc.} 07-25-2013: Acceptable entry change from “D” deleted
to “X” example status.
035 Retail electricity provider services, namely, providing a
service that allows customers to purchase energy, namely, electricity, and
renewable energy
On 11-3-2011, this 7-23-2009 entry was deleted
because, although acceptable, it is covered by the existing fill-in entry for
“Retail electricity provider services that allow customers to purchase
{specify e.g., energy, electricity, renewable energy, etc.} 07-25-2013:
Acceptable entry change from “D” deleted to “X” example status.
035 Retail fruit stands
On 03-12-2015, the 01-02-1997
entry was deleted because the wording is not clear as to whether it covers
goods (in the nature of furniture or portable structures) or vending services.
Please see “Retail vending stand services featuring {indicate, e.g., tacos,
fruit, etc.}” in Class 35.
035 Retail grocery stores
On 11-3-2011, this 1-2-1997
entry was deleted because, although acceptable, it is covered by the existing
entry for “Retail {indicate type or field, e.g., clothing, camera, department}
stores. 07-25-2013: Acceptable entry change from “D” deleted to “X” example
status.
035 Retail music and record stores
On 11-3-2011, this
1-2-1997 entry was deleted because, although acceptable, it is covered by the
fill-in existing entry for “Retail {indicate type or field, e.g., clothing,
camera, department} stores. 07-25-2013: Acceptable entry change from “D”
deleted to “X” example status.
035 Retail on-line ordering services featuring {indicate field
or type of goods} also accessible by telephone, facsimile and mail order
On 10-02-2014, this entry of 03-03-2011 was modified from “Retail store
services featuring ...” to indicate the nature of the on-line retail
activities are ordering services and also feature ordering via telephone,
facsimile and mail order.
042 Retail sale of [indicate specific goods, e.g. cosmetics,
housewares, lingerie] by means of home parties
Selling and sales are
not service under the US Trademark Act or the Nice Agreement since the primary
beneficiary of selling or sales is the seller. Language describing services
acceptable in the retail chain (e.g., retail stores, distributorships, on-line
retailing) should be used instead of selling or sales.
035 Retail store and on-line retail store services featuring
{indicate field or type of goods}
On 11-3-2011, this 5-15-2008 entry
was deleted because, although acceptable, it is covered by the separate
existing entries for “Retail store services featuring {indicate field of
goods}” and “On-line retail store services featuring {indicate field or type
of goods}”
035 Retail store services featuring telecommunications,
electric and utility services of others
On 11-3-2011, this 7-1-2004
entry was deleted because, although acceptable, it is covered by the existing
fill-in entry for “Retail store services featuring {indicate field of goods}”.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
035 Retail store services featuring ice cream for consumption
off the premises
On 11-3-2011, this 2-14-2008 entry was amended from
“Retail ice cream store services” to “Retail store services featuring ice
cream for consumption off the premises” to differentiate it from existing
entry for “Ice cream shop services in the nature of a restaurant” in Class
43.
035 Retail store services featuring {indicate field of
goods}
Retail store services are considered a service under the Nice
Agreement because the activities of a retail establishment that surround the
sale of goods do provide a benefit to others, e.g., the bringing together, for
the benefit of others, a variety of goods (excluding the transport thereof),
enabling customers to conveniently view and purchase those goods.
035 Retail stores featuring {indicate specific type or field,
e.g. clothing, cameras, hardware, etc.}
On 11-3-2011, this 1-2-1997
entry was deleted because, although acceptable, it is covered by the existing
fill-in entry for “Retail store services featuring {indicate field of goods}”.
07-25-2013: Acceptable entry change from “D” deleted to “X” example
status.
035 Retail taco stands
On 03-12-2015, the 10-11-2007
entry was deleted because the wording is not clear as to whether it covers
goods (in the nature of furniture or portable structures) or vending services.
Please see “Retail vending stand services featuring {indicate, e.g., tacos,
fruit, etc.}” in Class 35.
035 Retail television stores
On 11-3-2011, this
1-2-1997 entry was deleted because, although acceptable, it is covered by the
existing fill-in entry for “retail {indicate type or field, e.g., clothing,
camera, department} stores. 07-25-2013: Acceptable entry change from “D”
deleted to “X” example status.
035 Retail tire stores
On 11-3-2011, this 1-2-1997
entry was deleted because, although acceptable, it is covered by the existing
fill-in entry for “Retail {indicate type or field, e.g., clothing, camera,
department} stores. 07-25-2013: Acceptable entry change from “D” deleted to
“X” example status.
043 Retirement home services
01-01-2002: This entry
was transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Retirement homes” to
“Retirement home services” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
042 Retrieving public documents
08-15-2013 - Public
document retrieval services are classified in Class 42 because the term covers
public document research activities and may also include computer technology
services in the nature of electronic searching and retrieval of digital
records.
021 Reusable {indicate material composition, e.g., glass,
stainless steel, etc.} water bottles sold empty
Water bottles sold
empty is acceptable wording; further specification of the material composition
of the goods is acceptable, but it is not required.
006 Reusable aluminum labels with hook and loop backing for
temporary attachment
10-03-2013: Entry status changed from “A” added
to “X” example.
024 Reusable housebreaking pads of fabric for pets
06-20-2013: This entry of 03-11-2010 was modified from “Fabric housebreaking
pads for pets, namely, reusable housebreaking pads” to shorten the entry and
remove the repetition of “housebreaking pads.”
020 Reusable plastic labels with hook and loop backing for
temporary attachment
10-03-2013: Entry status changed from “A” added
to “X” example.
021 Reusable silicone finger guards for handling of dirty
cloth diapers
These goods are analogous to Gloves for household
purposes in Class 21.
020 Reusable wood labels with hook and loop backing for
temporary attachment
10-03-2013: Entry status changed from “A” added
to “X” example.
007 Reverse vending machines that automate beverage container
recycling by accepting empty containers and refunding the deposit to the
consumer
On 1-1-2012, this Class 9 electric or electrothermic
apparatus entry of 5-22-2008 was transferred to Class 7 (as machines),
pursuant to the 10th Edition of the Nice Agreement.
007 Reverse vending machines that automate the return of empty
bottles and cans
On 1-1-2012, this Class 9 electric or electrothermic
apparatus entry of 3-18-2010 was transferred to Class 7 (as machines),
pursuant to the 10th Edition of the Nice Agreement.
045 Reviewing environmental data, analyzing the data in
connection with environmental laws and regulations, and preparing
environmental compliance reports
Preparing business reports and
financial reports are in Class 35 because it involves the compilation of data
for business purposes. In this entry, the preparation of the compliance
reports is not separable from the legal review and analysis. The compliance
reports contain the legal conclusions.
045 Reviewing standards and practices to assure compliance
with {indicate specific field of regulation, e.g. environmental, zoning} laws
and regulations
Transferred from Class 42 pursuant to changes in the
9th edition of the Nice Agreement.
016 Revolving circular charts [for displaying data]
06-17-10 Inserted the wording “[for displaying data]” to clarify the nature
and purpose of the goods.
009 RF tuning devices, namely, resonators
On
05-31-12, the entry of 02-01-06 was amended to change the spelling of
“resinators” to “resonators.”
016 Ribbons (Inking jet printer)
By definition, ink
jet printers do not have ribbons, so this entry was deleted.
026 Ribbons and braid
10-24-2013: Status of entry
changed from “A”-Added to “X”-Example.
031 Rice bran [animal feed]
On 10-15-2015, this
07-20-2004 entry was deleted because it is indefinite and does not clearly
indicate the nature of the goods. The Manual includes an entry for “Animal
feed” in Class 31.
001 Rice bran [fertilizer]
On 10-15-2015, this
07-20-2004 entry was deleted because it is indefinite and does not clearly
indicate the nature of the goods. The Manual includes an entry for
“Fertilizers” in Class 1.
030 Rice chips
Rice chips are a rice-based snack food
in the form of chips.
030 Rice crackers (senbei)
On 9-6-2012, this
7-20-2004 entry was amended to replace the brackets with parentheses.
016 Rice paper
01-01-2016: “Rice paper” is used for
stationery purposes. “Edible rice paper,” a food generally used for baking or
for wrapping other foods, is classified in Class 30.
008 Rice scoops
On 03-05-2015, this 07-20-2004 entry
was deleted because it is overbroad and includes bulk rice scoops (for
transferring unspecified amounts of rice from a bag to a container, for
example) in Class 8 and serving scoops for cooked rice in Class 21. This
wording is no longer acceptable under USPTO policy.
026 Rickrack trimming
Rickrack trimming, also known
as “rick rack” or “ric rac,” is a narrow flat braid that is woven in zigzag
form, which is commonly used as a trimming for clothing or curtains.
014 Rings made in whole or significant part of {specify, e.g.,
gold, silver, platinum, diamonds, etc.}
Identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02.(f)(i) for further information.
021 Ring-shaped cake pans
Cake pans is acceptable
wording; further specification is acceptable, but it is not required.
036 Risk management
Business risk management is in
Class 35 - only financial risk management is in 36.
021 Ritual flower vases
On 06-07-2012, this
07-20-2004 entry was transferred from Class 20 to Class 21 because “Vases” is
in the Alphabetical List in Class 21, and that broad term covers these
goods.
007 Road rollers
These goods are vehicles used to
compact soil, gravel, concrete, or asphalt in the construction of roads and
foundations.
030 Roasted and ground sesame seeds
The roasted and
ground sesame seeds are classified in Class 30, because they are considered
seasonings.
011 Roasting jacks
Roasting jacks are devices which
rotate food on a spit.
021 Roasting spits [skewers]
On 3-15-2012, this
02-03-2011 entry was deleted from the Manual, and it is no longer acceptable
in Class 21. “Roasting spits” is in the Nice Alphabetical List in Class 11,
and the new entry “Roasting spits for cooking ovens” has been added to the
Manual in Class 11.
011 Roasting spits for cooking ovens
Roasting spits
is in the Nice Alphabetical List in Class 11.
010 Robotic arms for use by mobility-impaired individuals
These goods are in Class 10 as both the Nice Class 10 Heading and
Alphabetical List include “artificial limbs.” See also TMEP 1401.05(b).
019 Rock materials used in building flooring, roofing,
countertops, walls, cladding and fireplaces
On 09-13-2012, this
08-01-2004 entry was modified by deleting “the manufacture of” and inserting
“building” to make clear the nature of the goods and the justification for
classifying them as non-metal building materials in Class 19.
001 Rock salt for deicing
On 02-23-12 this 04-02-1991
entry was amended to remove the bracketed information “[for deicing]” and to
incorporate it directly into the wording of the entry
006 Rods of metal for brazing and welding including those from
alloy steel and titanium
09-26-2013: Entry status changed from “A”
added to “X” example.
016 Role playing game equipment in the nature of game book
manuals
This is printed matter in 16, not game playing equipment that
would be in 28.
016 Rollerball pens
On 1-19-2012, the 10-01-1994
entry “roller ball pens” was changed to “rollerball pens” to match the
Trilateral approved identification.
007 Rolling mills
Rolling mills are machines used for
rolling metal.
007 Rolling mills for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Rolling mills is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
019 Roofing membranes
3-25-10 - These goods are
structural elements used in roofs and do not provide insulating/waterproofing.
Roofing membranes for insulating/waterproofing purposes are in Class 17.
019 Roofing tiles
Entry is too broad. Metal roofing
tiles are in Class 6. Only non-metal roofing tiles are in Class 19.
005 Room deodorants
Note that deodorants for personal
use (use on the body of human or animal) are in Class 3
003 Room fragrance refills for non-electric room fragrance
dispensers
Erroneously entered in Class 9 in previous update - should
be in Class 3 since it is a room fragrance with no additional attributes.
005 Room fresheners
On 1-1-2012 this entry of
9-1-2005 was deleted from Class 5 pursuant to the deletion of “air freshening
preparations” from the 10th Edition of the Nice Agreement. The phrase, “air
freshening preparations,” is used in advertising literature to refer to both
“air fragrancing preparations” in Class 3 and “air deodorizing preparations”
in Class 5, which have distinctly different functions and are classified in
different classes.
006 Rope thimbles of metal
Rope thimbles are grooved
rings or loops of metal used on ropes to prevent chafing.
022 Ropes
These are generally use ropes and not those
specifically design for use in a sport.
016 Rosaries
On 11-7-2013, the following note was
added: Rosaries are a string of beads used in counting prayers especially of
the Roman Catholic rosary. Use of rosary facilitates learning the prayers
represented by the beads in the rosary. Therefore, they are classified in
Class 16 based on the mention of “instructional and teaching material (except
apparatus)” in the Class 16 Nice Classification Heading.
021 Roses for watering cans
These goods are a nozzle
with small holes that is put on the end of a watering can.
007 Rotary steam presses, portable, for fabrics
Rotary steam presses, portable, for fabrics is an entry in the Nice
Alphabetical List of Goods.
007 Rotating ducted fan motors, not for land vehicles
Motors other than for land vehicles is acceptable wording; further
specification is acceptable, but it is not required.
006 Rotating junctions of metal for pipes
While most
metal pipes and their metal parts are in Class 6, those that are parts of
sanitary installations are in Class 11.
012 Row bikes
9-10-09 - the 9-3-09 entry was deleted
because ROWBIKES is a registered mark.
009 Rowing training apparatus using sensors and software for
rowing stroke analysis
On 02-28-2013, the 01-20-11 entry was modified
by deleting “namely, devices used for” inserting “using sensors and software
for” and transferred to Class 9. General descriptions of sports training
devices are indefinite and must provide sufficient information about the
function and/or purpose of the goods to support classification in Class 9 as
electronic or computer software-based training apparatus or Class 28 as sports
articles.
012 Rowlocks
Rowlocks are holders attached to each
side of a rowing boat that hold the oars in place.
030 Royal jelly for human consumption not for medical
purposes
On 02-16-2012, this entry of 09-03-2009 was withdrawn from
the Approved Trilateral List in Class 30 and was deleted from the ID Manual.
“Royal jelly dietary supplements” and “royal jelly for medical purposes” are
classified in Class 5. “Royal jelly for food purposes” is classified in Class
30.
017 Rubber adhesive bathtub appliques
On 1-1-2013,
the 06-01-2001 entry was modified by inserting the word “Rubber” to make clear
the reason for classifying these goods in Class 17. The word “appliques” is
used in the U.S. marketplace to refer to a variety of goods in multiple
classes. However, effective January 1, 2013, the wording “Appliques
[haberdashery]” appears in the Nice Alphabetical List in Class 26, and this
new Alphabetical List entry encompasses clothing decorations such as fabric
patches. Therefore, applicants who intend to apply for an Extension of
Protection under the Madrid Protocol should consider limiting their use of the
term “appliques” to Class 26 because including this term in other classes may
result in a Notice of Irregularity.
022 Rubber cable ties and straps for fastening and securing
objects such as bundles of wire together
On 09-13-12, the 08-01-2004
entry was modified by inserting “Rubber” to make clear the justification for
classifying these goods in Class 22. Straps are generally classified according
to the function or purpose of the goods. However, straps for securing items
and general purpose straps are classified in Classes 6, 18, or 22 depending on
the material composition of the goods. Straps with functions that are not
covered by the Class Headings are also classified in Classes 6, 18, or 22
according to material composition.
017 Rubber clack valves for use in {indicate particular use of
the valves}
Note that manually operated metal valves are in Class 6;
valves being machine parts and engine valves for vehicles and machinery are in
Class 7; automatic control valves are in Class 9; valves for plumbing and
heating and cooling installations are in Class 11; and plastic, manually
operated valves are in Class 20.
017 Rubber shock absorbers for industrial machinery
7-2-09 - Item deleted because it is inconsistent with other shock absorbers
for machinery in Class 7. All shock absorbers for machinery are in Class 7
regardless of material composition.
017 Rubber stoppers [for industrial packaging containers]
On 02-16-2012, this entry was deleted because the bracketed wording
should be included in the entry to distinguish the goods from rubber bottle
stoppers, which are very different in nature.
023 Rubber thread
On 3-13-2014, this 04-02-1991 entry
was deleted because it is indefinite. “Rubber thread for textile use” is
classified in Class 23, whereas “Rubber thread not for textile use” is
classified in Class 17.
023 Rubber thread [for textile use]
On 03-13-2014,
this 07-20-2004 entry, “Rubber thread [for textile use]” was deleted because
the bracketed wording is necessary to incorporate into the identification.
Moreover, “Rubber thread for textile use” already exists as a separate entry
in the Manual.
017 Rubber thread and covered rubber yarn not for textile
use
On 03-13-2014, this 07-20-2004 entry, “Rubber thread and covered
rubber yarn [not for textile use]” was modified to incorporate the bracketed
wording into the identification for clarity.
017 Rubber thread not for textile use
On 03-13-2014,
this 07-20-2004 entry, “Rubber thread [not for textile use]” was modified to
incorporate the bracketed wording into the identification for clarity.
007 Rubber vulcanizing apparatus
The goods are
machines that treat rubber with sulfur to enhance certain properties such as
strength, elasticity, and stability.
027 Rugs made in whole or substantial part of {specify, e.g.,
silk, wool, bamboo, etc.}
Rugs is an acceptable identification of
goods. However, identification of material composition may be required during
examination of marks that feature such terminology. See TMEP §1203.02(f)(i)
for further information.
045 Running errands for others
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
041 Running of museums
01-04-2016: Museums are
buildings, places or institutions in which object of historical, scientific,
artistic or cultural interest are exhibited. “Museums” are classified in
Class 41. The service “running of museums” involves the day-to-day operations
of a museum and is also classified in Class 41. These services do not involve
the operation of a business for others in Class 35.
028 Russian nesting dolls (matryoshka dolls)
Russian
nesting dolls are known both as matryoshka dolls and the proper Russian plural
matryoshki, either being acceptable.
037 Rustproofing
This service involves putting a
coating on an existing item to prevent rust. It is a maintenance service, not
a treatment service since the underlying surface doesn't change in
character.
030 S'mores
S'mores, also spelled “smores,” are
snacks consisting of a roasted marshmallow and a layer of chocolate sandwiched
between two pieces of graham cracker.
009 Saccharometers
A saccharometer is a hydrometer
for measuring the amount of sugar in a solution.
003 Sachets
On 04-16-2015, this 04-02-1991 entry was
deleted because “sachets” are broad enough to encompass goods in more than one
class. “Sachets for perfuming linen” are classified in Class 3, for example;
whereas “Paper or plastic sachets sold empty for packaging” are classified in
Class 16.
018 Saddle trees
Saddle trees (or saddletrees) are
structural parts of saddles.
042 Safety auditing to improve safety of construction workers
on residential construction sites
On 1-1-2013, this 11-01-2004 entry
was changed from “Safety inspection audits...” to “Safety auditing” and
transferred from Class 45 to Class 42 to clarify the nature of the services
and to conform to the Nice Classification, Tenth edition, version 2013. These
services are in Class 42 because they involve technical analysis and
evaluation of potential risks and safeguards implemented to mitigate those
risks.
012 Safety belts for vehicles for motor cars
On
8-15-2013, this 7-20-2004 entry was deleted because it is poorly worded. An
entry for “safety belts for vehicle seats” was added to the Manual in its
place.
009 Safety restraints, other than for vehicle seats and sports
equipment
On 12-17-2015, this 03-15-1993 entry was amended from
“Safety restraints [other than for vehicle seats and sports equipment] ” to
incorporate the wording inside the brackets as part of the ID.
009 Safety valves for flow shutoff in well construction
Note that manually operated metal valves are in Class 6; valves being
machine parts and engine valves for vehicles and machinery are in Class 7;
valves for plumbing 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.
028 Sails and sailboards for boardsailing
This entry
is for sails and sailboards sold as a unit. The sails alone would be in Class
22.
043 Salad bars [restaurant services]
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
029 Salads except macaroni, rice, and pasta salad
Salads are classified by the main ingredient component. Fruit and vegetable
salads are in Class 29. Salads based on grains or other Class 30 ingredients
(pasta, tapioca, corn) are in Class 30. (Note added 11/16/06)
029 Salads, namely, {specify type, e.g., garden salads, fruit
salads, vegetable salads, etc.} [Note that pasta and rice salads are in Class
30]
Salads are classified by the main ingredient component. Fruit and
vegetable salads are in Class 29. Salads based on grains or other Class 30
ingredients (pasta, tapioca, corn) are in Class 30.
035 Sales promotion
On 5-26-2011, this 6-4-2009 entry
was deleted because it is encompassed by the existing Manual entry, “Sales
promotion services.” 07-25-2013: Acceptable entry change from “D” deleted to
“X” example status.
035 Sales promotion for third parties
On 5-26-2011,
this 12-13-2007 entry was deleted because it is encompassed by the existing
Manual entry, “Sales promotion services”. 07-25-2013: Acceptable entry change
from “D” deleted to “X” example status.
035 Sales promotion services for third parties
On
5-26-2011, this 11-06-2008 entry was deleted because it is encompassed by the
existing Manual entry, “Sales promotion services.” 07-25-2013: Acceptable
entry change from “D” deleted to “X” example status.
029 Salmon, not live
On 1-31-2013, the 7-20-2004
entry “Salmon [not live]” was modified to incorporate the bracketed wording
into the identification. Live salmon are classified in Class 31.
029 Salmon, not live [for food purposes]
On
2-14-2013, the 4-2-1991 entry was amended to add “not live.” Live salmon is
classified in Class 31.
044 Salon services, namely, facials, manicures and massages
that are provided in a trailer outfitted with chair, table and sink
accessories
09-05-2013: Entry status changed from “A” added to “X”
example.
021 Salt shakers of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
029 Salted and fermented seafood (jeotgal)
On
9-6-2012, this 8-9-2012 entry was amended to replace the brackets with
parentheses.
031 Sanded paper for pets [litter]
This entry moved
from Class 3. It had been classified in that class because other abrasives are
in Class 3. However, the item is more appropriately analogous to other animal
litter products that are classified in Class 31.
019 Sandstone for building
Sandstone is acceptable
wording; further specification is also acceptable, but it is not required.
021 Sandwich cutters
Sandwich cutter molds are molds
of animals or other shapes that cut or form the sandwich to that mold shape.
These are not cutters in the nature of knives, but are molds that form the
sandwich into certain shapes.
029 Sandwich spread, namely, {indicate specific type}
On 03-14-2013, this 04-02-1991 entry was deleted because “Sandwich spread” is
overbroad and may include meat and vegetable-based spreads in Class 29 and
condiments, such as mayonnaise, in Class 30. As a result, this
fill-in-the-blank entry caused confusion.
030 Sandwich wraps made of {specify, e.g., flour, corn, etc.}
[bread]
“Sandwich wraps” is an acceptable identification; further
specification is acceptable, but it is not required.
030 Sandwiches, namely, {indicate specific type, e.g.,
hamburger sandwiches, fish sandwiches, chicken salad sandwiches, etc.}
On 07-30-2015, this 04-02-1991 entry was modified by inserting the word
“sandwiches” after each example in the bracketed portion of the ID to make
clear to the user the proper manner for completing the description.
044 Sanitariums
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
037 Sanitation consultation
This entry was
transferred from Class 42 to Class 37 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
011 Sanitizing apparatus for linens using ultraviolet light,
ozone sterilization and low pressure techniques
11-21-2013: Status of
entry changed from “A”-Added to “X”-Example.
005 Sanitizing preparations for hospital use
“Sanitizers” changed to “sanitizing preparations” to avoid confusion with
sanitizing apparatus in Class 11.
005 Sanitizing preparations for use in institutional and
industrial areas
“Sanitizers” changed to “sanitizing preparations” to
avoid confusion with sanitizing apparatus in Class 11.
005 Sanitizing preparations for household use
“Sanitizers” changed to “sanitizing preparations” to avoid confusion with
sanitizing apparatus in Class 11.
029 Sardines
On 2-14-2013, the 4-2-1991 entry was
deleted because it is overly broad. Live sardines are classified in Class 31.
Sardines which are not live are classified in Class 29.
029 Sardines, not live
On 1-31-2013, the 7-20-2004
entry “Sardines [not live]” was modified to incorporate the bracketed wording
into the identification. Live sardines are classified in Class 31.
025 Sarees
On 1-27-11, the 4-1-10 classification was
changed from Class 24 to Class 25, because sarees are garments worn by
women.
025 Saris
05-21-2015: A sari is a garment
traditionally worn by Hindu women, consisting of a long piece of cotton or
silk wrapped around the body with one end draped over the head or over one
shoulder.
025 Sarongs
05-21-2015: A sarong is a long strip of
cloth that is wrapped loosely around the body and worn by men or women.
030 Sauce mixes [excluding those for making cranberry sauce or
applesauce]
On 01-09-2014, the 08-17-2006 entry was modified to add
the bracketed wording in order to clarify the nature of the goods. Mixes used
to make cranberry sauce or applesauce are classified in Class 29 with
cranberry sauce and applesauce. Applesauce and cranberry sauce are classified
in Class 29 because they are fruit-based side dishes rather than true
sauces.
021 Saucers made of precious metals
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
030 Sauces
01-09-2014: “Sauces” in Class 30 are in
the nature of condiments. The Class 30 Class Heading includes “sauces
(condiments)” and the Nice Alphabetical List include “sauces [condiments]” in
Class 30. Please note that the identification “Sauces” excludes “cranberry
sauce” and “applesauce” which are classified in Class 29.
011 Sauna heater rocks
The goods are rocks specially
adapted for use with sauna heating apparatus. The sauna heater holds and heats
the rocks, and then the bather pours water onto the hot rocks to create vapor
and increase the humidity in the sauna room.
007 Sausage machines
On 01-01-2016, this 07-20-2004
entry was deleted in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Under Nice 10-2016, the Alphabetical List
entry “sausage machines” was modified to “sausage making machines” in order to
clarify the function of the machines. The ID Manual includes an entry for
“Sausage making machines” which is consistent with the wording of the Nice
Alphabetical List.
014 Sautoir necklaces
A sautoir is a jewelry chain
worn around the neck to which a pendant is attached.
036 Savings banks
1-1-2012 This entry of 11-22-2007
has been deleted. It has been replaced with then entry “savings bank services”
pursuant to a translation issue in the 10th Edition of the Nice Agreement.
030 Savory biscuits
Biscuits is acceptable wording;
further specification is acceptable, but it is not required.
020 Saw benches being furniture
Saw benches being
furniture refers to goods that function similar to tables. These saw benches
serve as work surfaces for woodworking.
007 Saw benches being parts of machines
Saw benches
being parts of machines refer to goods similar to table tops that are
component parts of circular saw machines.
008 Saws [hand-operated]
While all hand-operated or
manually-operated tools (that is, tools powered by hand, 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 also hand held.
003 Scent eliminating laundry detergent for use associated
with hunting and outdoor recreation
11-28-2013: Entry status changed
from “A” added to “X” example.
003 Scent eliminating shampoo and soap for use associated with
hunting and outdoor recreation
11-28-2013: Entry status changed from
“A” added to “X” example.
003 Scented body lotions and creams
These refer to
non-medicated lotions. Medicated lotions are in Class 5.
003 Scented fabric refresher spray
Note added on
07-10-2014 - These goods are classified in Class 3 because they fragrance the
fabric; they do not deodorize the fabric.
003 Scented pine cones
Transferred from Class 5 -
this is a form of potpourri that is in Class 3.
016 School supply kits containing various combinations of
selected school supplies, namely, writing instruments, pens, pencils,
mechanical pencils, erasers, markers, crayons, highlighter pens, folders,
notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips,
glue and book marks
4-17-08 - “graduated rulers” was deleted from the
list of goods. While graduated rules may be included in a kit composed of
predominantly Class 16 items, it is not appropriate to include goods
classified in a class other than that indicated for the entry in the Manual.
11-5-09 - Highlighters was changed to “highlighter pens” in the 4-17-08 ID
because highlighter by itself is the phonetic equivalent of a registered
trademark for HI-LITER.
025 Scientific and technological apparel, namely, shirts,
pants, jackets, footwear, hats and caps, uniforms
On 2-21-2013, this
8-14-2008 entry was deleted because the lead-in of “Scientific and
technological apparel” was confusing as to its meaning.
042 Scientific and technological services, namely, research
and design in the field of integrated system architecture that allows for the
rapid development of highly interactive and customizable learning
applications
On 08-19-2010, amended “Scientific and technological
services and research and design in the field of...” to “Scientific and
technological services, namely, research and design in the field of...”
because “Scientific and technological services” is indefinite and includes a
variety of services in Class 42.
042 Scientific consulting and research services relating to
foods and dietary supplements
11-5-09 - Deleted “and technical” from
the 6-1-06 entry. Technical consulting is in the class of the subject matter
and “food and dietary supplements” is not a clear enough subject matter to
control classification of the technical consulting in Class 42.
009 Scientific instrument, namely, fluorescence detector for
crime scene investigations
2-3-11 The original entry of 3-29-07
“Scientific instrument, fluorescence detector for crime scene investigations”
was corrected to insert the term “namely” after “instrument”
042 Scientific research in the field of {indicate field or
subject matter, e.g., genetics, wildlife preservation, etc.}
07-14-2011 Scientific research services are classified in Class 42 based on
the wording in the Class 42 Heading. USPTO requires specification of the field
of scientific research. 11-13-2014 This Note supersedes the prior Note.
“Scientific research” is acceptable wording; further specification of the
field of scientific research is also acceptable, but it is not required.
042 Scientific research consulting in the field of
cosmetics
On 5-5-2011, the 8-1-2005 ID was amended to read Scientific
research consulting in the field of cosmetics
042 Scientific research relating to the impact of consumer and
industrial products on environmental preservation
“Environmental” in
20110303 entry changed to “Scientific” to avoid confusion.
042 Scientific study and research in the field(s) of {specify
field(s), e.g., medicine, the prevention, treatment and management of illness,
health care delivery}
On 5-5-2011, this 9-24-2009 ID was amended from
a specific list to a fill-in-the-blank entry. On 11-13-2014, the 05-05-2011
entry was modified by changing “fields“ and “field“ to “field(s)“ to make the
entry more broadly applicable and useful to a wider range of users.
021 Scoops [tableware]
These are for use when serving
food at the table. Scoops in 8 are more analogous to tools. On 03-05-2015,
the 04-02-1991 entry was modified by inserting the bracketed wording to make
clear the nature of the goods and to match the Nice Alphabetical List
indication. Tableware scoops are classified in Class 21 as household or
kitchen utensils. Tableware scoops and serving scoops are different from
hand-operated scooping tools in Class 8, which are generally used to transfer
unspecified amounts of bulk materials, such as sugar or rice, from a bag to a
container, for example. For classification purposes, the key distinction for
scoops in Class 8 and scoops in Class 21 is whether the scoops are for
transferring unspecified amounts of materials or foods, or for serving or
portioning materials foods.
021 Scoops for serving or portioning {indicate, e.g., coffee,
cookie dough, etc.} [household or kitchen utensil]
Scoops (referring
to tableware) is acceptable in Class 21; further specification is acceptable,
but it is not required.
021 Scoops for the disposal of pet waste
03-05-2015 -
Scoops for the disposal of pet waste are classified in Class 21 as household
utensils.
012 Scooters
On 01-01-2016, this 01-17-2008 entry was
deleted because it is indefinite under Nice 10-2016. The specific type of
vehicle scooters should be indicated, e.g., mobility scooters, motor scooters,
water scooters, or push scooters. Toy scooters are classified in Class
28.
012 Scooters [vehicles]
This item was added in the
9th edition of the Nice Agreement. It is a vehicle rather than a toy so it is
classified in Class 12 rather than in Class 28. 01-01-2016: On 01-01-2016,
this 01-01-2007 entry was deleted because it is indefinite under Nice 10-2016.
The specific type of vehicle scooters should be indicated, e.g., mobility
scooters, motor scooters, water scooters, or push scooters. Toy scooters are
classified in Class 28.
016 Score charts [for displaying data]
06-17-10
Inserted the wording “[for displaying data]” to clarify the nature and purpose
of the goods.
020 Scratching posts
Goods transferred from Class 18
based on entry in Nice Agreement for scratching posts for cats in 20
020 Scratching posts for cats
Goods transferred from
Class 28 based on entry in Nice Agreement for scratching posts for cats in
20
041 Screenplay writing
Screenplay writing involves
writing scripts for movies or television shows.
020 Screens for fireplaces [furniture]
09-13-2012:
These goods are classified in Class 20 because “Fire screens, domestic” is in
the Alphabetical List in Class 20. These goods are in the nature of furniture
typically placed in front of the fireplace opening to prevent sparks from
escaping from the fireplace. Fireplace screens are generally comprised of
metal frames and metal mesh screens and may include some decorative elements.
On 01-01-2014, this entry of 04-02-1991 “Fireguards [domestic screens]” was
amended to “Screens for fireplaces” pursuant to the change of “fireguards” to
“screens for fireplaces [furniture]” in the Nice Classification, Tenth
edition, version 2014, effective 1-1-14.
041 Script writing services
On 4-18-2013, this
2-20-1996 entry was deleted because it is duplicative of the entry for
“Scriptwriting services for non-advertising purposes.” While it is preferable
to spell “scriptwriting” as one word, when spelled as two words, such services
will be acceptable as long as the nature being for non-advertising purposes is
clear.
035 Scriptwriting for advertising purposes
Scriptwriting for non-advertising purposes is in Class 41.
041 Scriptwriting services for non-advertising purposes
On 4-18-2013, this 11-29-2007 entry was amended from “Scriptwriting
services” to “Scriptwriting services for non-advertising purposes.” While it
is preferable to spell “scriptwriting” as one word, when spelled as two words,
such services will be acceptable as long as the nature being for
non-advertising purposes is clear.
009 Scuba diving masks
This entry was transferred
from Class 28 to Class 9 due to a clarification of the Nice Agreement.
Goggles, masks, etc. for sports purposes are items of optical apparatus.
Optical apparatus is classified in Class 9. Therefore, goggles and masks for
sports purposes are in Class 9.
009 Scuba equipment, namely, goggles
This entry was
transferred from Class 28 to Class 9 due to a clarification of the Nice
Agreement. Goggles, masks, etc. for sports purposes are items of optical
apparatus. Optical apparatus is classified in Class 9. Therefore, goggles and
masks for sports purposes are in Class 9. On September 13, 2012, this January
1, 2002 entry was deleted because it is already covered by the entry “Scuba
goggles.”
009 Scuba goggles
This entry was transferred from
Class 28 to Class 9 due to a clarification of the Nice Agreement. Goggles,
masks, etc. for sports purposes are items of optical apparatus. Optical
apparatus is classified in Class 9. Therefore, goggles and masks for sports
purposes are in Class 9.
009 Scuba masks
This entry was transferred from Class
28 to Class 9 due to a clarification of the Nice Agreement. Goggles, masks,
etc. for sports purposes are items of optical apparatus. Optical apparatus is
classified in Class 9. Therefore, goggles and masks for sports purposes are in
Class 9.
009 Scuba snorkels
This entry was transferred from
Class 28 to Class 9 due to a clarification of the Nice Agreement. Snorkels are
a form of respiration apparatus and respiration apparatus is life-saving in
nature. Life-saving apparatus and instruments are in the class heading for
Class 9. Therefore, snorkels should be in Class 9 the same as other more
sophisticated respiration apparatus.
040 Sculpting of figurines to the order and/or specification
of others
02-11-2016: Custom sculpting of figurines is classified in
Class 40 because it involves transformation or production of objects, which is
typically rendered by mechanical means. See the Class 40 Heading.
019 Sculptures made of chalk
Chalk is a soft, white
porous sedimentary rock, a form of limestone composed of the mineral calcite.
Sculptures made of materials in Class 19 are classified in Class 19.
024 Sculptures of {indicate Class 24 material, e.g., fabric,
textile, etc.}
9-28-2011 This entry has been deleted because the
goods are misclassified and because sculptures are typically formed from a
solid object such as stone, metal, or wood.
021 Sculptures of {indicate Class 21 material, e.g., china,
crystal, earthenware, terra cotta, glass, porcelain, etc.}
Terra
cotta was deleted from the list of materials but has been reinserted because
it is a Class 21 statue composition in the Nice Agreement.
029 Sea basses, not live
On 1-31-2013, the 7-20-2004
entry “Sea basses [not live]” was modified to incorporate the bracketed
wording into the identification. Live sea basses are classified in Class
31.
029 Sea breams [red snappers], not live
On 1-31-2013,
the 7-20-2004 entry “Sea breams [red snappers, not live]” was modified to
incorporate the bracketed wording “not live” into the identification. Live
sea breams are classified in Class 31.
029 Sea cucumbers, not live
On 1-31-2013, the
3-26-2009 entry “Sea cucumbers [not live]” was modified to incorporate the
bracketed wording into the identification. Live sea cucumbers are classified
in Class 31.
029 Sea salmon or trout roe, not live
On 1-31-2013,
the 7-20-2004 entry “Sea salmon or trout roe [not live]” was modified to
incorporate the bracketed wording into the identification.
029 Sea urchins, not live
On 1-31-2013, the 7-20-2004
entry “Sea urchins [not live]” was modified to incorporate the bracketed
wording into the identification. Live sea urchins are classified in Class
31.
029 Seafood, namely, {indicate specific type}, not live
On 1-31-2013, the 4-2-1991 entry “Seafood, namely, {indicate specific
type} [not live]” was modified to incorporate the bracketed wording into the
identification.
029 Seafood, not live
On 1-31-2013, the 5-1-2005
entry “Seafood [not live]” was modified to incorporate the bracketed wording
into the identification.
002 Sealer coatings for use in {indicate specific industry or
area of use}
When the coating is for insulating purposes, it's in
17.
006 Sealing caps of metal for {indicate, e.g., partially used
caulking tubes, etc.}
Sealing caps of metal is acceptable wording;
further specification is acceptable, but it is not required.
009 Seam gauges
Seam gauges are sewing tools in the
nature of rulers that allow users to measure fabric, which also include a
slider that can be used to mark a desired measurement.
035 Search engine optimization
On 01-01-2014, this
06-26-2008 entry “Computer services, namely, search engine optimization” was
amended to “Search engine optimization” and was transferred from Class 42 to
Class 35, pursuant to the addition of “Search engine optimization” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14. 01-01-2016: On
01-01-2016, this 01-01-2014 entry was deleted. “Search engine optimization”
in Class 35 was amended under Nice 10-2016 to “search engine optimization for
sales promotion” in order to clarify the nature of the services and the
justification for classifying the services in Class 35. Thus, “search engine
optimization” is indefinite and overly broad under Nice 10-2016 because it
does not clearly indicate a service limited to a single class and could
encompass technological services in Class 42.
035 Search engine optimisation
Please note that the
similar entry Computer services, namely, search engine optimization was
amended to Search engine optimization and transferred from Class 42 to Class
35, pursuant to the addition of Search engine optimization to the Nice
Classification, Tenth edition, version 2014, effective 01-01-2014. 01-01-2016:
On 01-01-2016, this 02-27-2014 entry was deleted. “Search engine
optimisation” in Class 35 was amended under Nice 10-2016 to “search engine
optimisation for sales promotion” in order to clarify the nature of the
services and the justification for classifying the services in Class 35.
Thus, “search engine optimisation” is indefinite and overly broad under Nice
10-2016 because it does not clearly indicate a service limited to a single
class and could encompass technological services in Class 42.
029 Seasoned laver (Jaban-gim)
On 12-20-2012, this
11-1-2012 entry was amended to replace the brackets with parentheses.
030 Seasoned popcorn
Popcorn is acceptable wording;
further specification is acceptable, but it is not required.
030 Seasoning mixes for stews
Seasoning mixes is
acceptable wording; further specification is acceptable, but it is not
required.
030 Seasonings and flavorings, other than essential oils, for
dog foods and cattle feed
On 01-01-2016, this 07-01-2004 entry was
amended to add “other than essential oils” in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Food
flavorings that are essential oils are classified in Class 3. The
identification must indicate whether or not food flavorings are essential oils
for appropriate classification of the goods.
012 Seats for automobiles
Vehicle seats is acceptable
wording; further specification is acceptable, but it is not required.
029 Seaweed extracts for food
These goods are in
Class 29 because they are processed vegetable-type foods. The wording “for
food” indicates that the goods are ready for consumption, and they are not
ingredients for use in manufacturing in Class 1.
030 Seaweed for use as a condiment
Although processed
edible seaweed is generally classified in Class 29, seaweed for use as a
condiment is in Class 30 because “Condiments” appears in the Nice Alphabetical
List in Class 30.
020 Sections of wood for beehives
Sections of wood
for beehives is in the Nice Alphabetical List in Class 20.
045 Security clearance for preparation of identification
cards
This is only the aspect of clearing individuals who are seeking
identification cards. Actual printing of the cards is in Class 40.
045 Security due diligence services for individuals or
businesses traveling or opening an office overseas, in the nature of detailed
foreign country briefings, vetting of local personnel, establishing host
country government contacts, and providing information on sustainable security
measures overseas
09-05-2013: Entry status changed from “A” added to
“X” example.
045 Security guard services
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
009 Security lights for outdoor use
Although lighting
apparatus are generally classified in 11, the goods are in Class 9 because the
purpose of the goods is more than just illumination. The goods serve a
personal safety function justifying their inclusion in Class 9.
045 Security printing, namely, encoding identification
information on valuable documents and products
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Security services for individuals and business persons
traveling internationally and domestically, namely, providing foreign country
security briefings, embassy information for security purposes and security
reports
09-05-2013: Entry status changed from “A” added to “X”
example.
045 Security services, namely, providing a website notifying
individuals of a changed status or condition of a sensing device in a security
system via electronic message alerts
On 1-6-11, the 2-28-2008 ID was
amended from “Security services, namely, providing electronic alerts notifying
of a changed status or condition of a sensing device via the internet” to
“Security services, namely, providing a website notifying individuals of a
changed status or condition of a sensing device in a security system via
electronic message alerts” to clarify that this is a content provider and not
a telecommunication transmission service in Class 38.
045 Security services, namely, threat simulation vulnerability
analysis and mitigation and emergency and crisis response
On
02-28-2013, this 05-18-2007 entry was deleted, and it is no longer acceptable.
The description is indefinite and overbroad, and the nature of the services
covered by this wording is unclear.
031 Seed potatoes
Seed potatoes are potatoes that are
planted, in whole or in part, for growing new potatoes.
031 Seeds and bulbs
Seeds should not be included in
an ID as a stand alone item. It should be specified as to the type of seed or
presented as in this ID with “bulbs.”
043 Self service restaurants
On 10-6-2011, this
7-20-2004 entry was deleted because it is covered by the existing entry of
“Self-service restaurants” 08-29-2013: Acceptable entry status changed from
“D” deleted to “X” example.
010 Self-adhesive identification markers that are attached to
the skin for use with radiographic procedures
On 08-09-2012, this
07-01-2004 entry was modified by deleting “Identification markers, namely, a
self-adhesive substrate that is” and inserting “Self-adhesive identification
markers that are” to make clear that these goods are in the nature of medical
apparatus in Class 10 for indicating size and location of the subject being
x-rayed.
035 Self-serve frozen yogurt shop services
On
08-11-11 this 01-20-11 wording was amended to include “frozen.” The
self-service aspect of these services clarifies why these are in Class 35 as a
retail store type of service. This is not in Class 43 as a restaurant service
because that service focuses on the preparation and the serving of food for
consumption rather than the featuring of a product for purchase.
035 Self-serve retail bakery shops
This is simply a
retail service. Customized cake baking and decorating are in Class 40. This
may or may not be done by the retail bakery, but, in any case, it is a
different service and in a different class from this retail activity.
043 Self-service restaurant services
01-01-2002: This
entry was transferred from Class 42 to Class 43 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
01-01-2016: On 01-01-2016, this 01-01-2002 entry was amended from
“Self-service restaurants” to “Self-service restaurant services” in compliance
with the Nice Classification, Tenth edition, version 2016, effective
01-01-2016.
001 Self-toning paper [photography]
Self-toning paper
is a type of photographic paper emulsified with gold salt which tones the
image affixed thereto. As self-toning paper is chemically-sensitized paper it
is justifiably classified in Class 1.
021 Self-watering planters for flowers and plants
Self-watering planters are containers in which plants grow that include a
water reservoir from which the plants can directly draw water as needed.
Planters for flowers and plants is acceptable wording; further specification
is also acceptable, but it is not required.
009 Semiconductor chip sets for use in {indicate specific use,
e.g., data centers, enabling memory, multiway communications, processing
capabilities, etc.}
Semiconductor chip sets is acceptable wording;
further specification is acceptable, but is not required.
009 Semiconductor wafers
Semiconductor wafers are
thin slices of material capable of conducting electricity that are typically
used in the manufacturing of integrated circuits and other electronics.
044 Semi-permanent makeup services
Semi-permanent
makeup services typically involve a cosmetic procedure consisting of the
embedding of pigment beneath the surface layer of skin, so the color
composition intentionally fades over time.
017 Semi-processed natural resins
Semi-processed
resins are classified in Class 17 regardless of whether they are natural or
synthetic. Unprocessed resins are classified according to whether they are
unprocessed artificial resins (Class 1) or unprocessed natural resins (Class
2).
017 Semi-processed thermoplastic polymer resins used in
manufacturing balloon catheters
On 01-03-13, the 04-26-2007 entry was
modified by inserting “Semi-processed” to make clear the nature of the goods
and the justification for classifying them in Class 17. Unprocessed plastics
and comparable materials are in Class 1, semi-processed plastics and
comparable materials are in Class 17, and finished plastic goods that are
classified according to material composition, e.g., statuettes, works of art,
etc., are in Class 20.
019 Semi-refractory bricks, not of metal
This entry
was modified as a result of changes that were implemented in the 9th edition
of the Nice Agreement.
017 Semi-worked ABS (acrylonitrile butadiene styrene)
filaments for use in 3D printing
ABS is a thermoplastic which is
commonly used in semi-worked form for 3D printing purposes.
017 Semi-worked ABS filaments for use in 3D printing
ABS, also known as “acrylonitrile butadiene styrene,” is a thermoplastic which
is commonly used in semi-worked form for 3D printing purposes.
017 Semi-worked PLA (polylactic acid) filaments for use in 3D
printing
PLA is a thermoplastic which is commonly used in semi-worked
form for 3D printing purposes.
017 Semi-worked PLA filaments for use in 3D printing
PLA, also known as “polylactic acid,” is a thermoplastic which is commonly
used in semi-worked form for 3D printing purposes.
026 Separable fasteners, namely, hook and loop type fasteners
and components thereof
10-03-2013: Entry status changed from “A”
added to “X” example.
007 Separating machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
025 Serapes
05-21-2015: A serape is a colorful woolen
shawl worn over the shoulders.
016 Series of fiction and non-fiction books on a variety of
topics
On 07-21-2016, this 08-01-2005 entry was modified by deleting
the bracketed wording and incorporating it into the Note field. This
description is only acceptable when used in connection with a publishing house
mark.
016 Series of fiction and non-fiction books on a variety of
topics
On 07-21-2016, this 10-01-1994 entry was modified by deleting
the bracketed wording and incorporating it into the Note field. This
description is only acceptable when used in connection with a publishing house
mark.
042 Server hosting
Server hosting is a computer
technology service involving the electronic monitoring and maintaining of the
server on which the consumer's websites reside.
B Services conforming to accreditation standard(s) as
indicated by a(n) Accreditation/Certification Mark [See TMEP Section
1306.02(c)]
Accreditation, or the validation or bestowal of approval
on a service provider, is not a service under the Nice Classification.
However, accrediting bodies may seek to register certain marks for use by
accredited service providers to indicate that their services conform to an
established accreditation standard. Accrediting bodies own these marks (and in
the application to register these marks, the accrediting bodies describe the
types of services being evaluated and the accreditation standards being
applied). Third parties use the mark in connection with their services to show
that accreditation has been bestowed by the accrediting body. See TMEP Section
1306.06(e). 06-16-2016 - The bracketed information in the entry was modified
to replace “TMEP Section 1306.06(e)” with “TMEP Section 1306.02(c).” TMEP
Section 1306.06(e) was replaced with TMEP Section 1306.02(c) in the July 2015
version of the TMEP.
B Services conforming to certification standard(s) as
indicated by a Certification Mark [See TMEP Section 1306.02(c)]
06-16-2016 - The bracketed information in the entry was modified to replace
“TMEP Section 1306.06(e)” with “TMEP Section 1306.02(c),” pursuant to changes
made in the July 2015 version of the TMEP. 10-01-2015 - On 10-01-2015, this
entry was modified by deleting “certified” and inserting “conforming to
certification standard(s) as indicated” to make clear the function of the
Description of Goods/Services field on a Certification Mark application.
08-22-2013 - The original entry “Service Certification Marks [See TMEP Section
1306 et seq]” was modified to provide additional guidance for users. While not
an “activity,” this entry demonstrates classification practice with respect to
services of authorized parties who receive certification, not the activities
of the certifier/owner of the certification mark. 12-16-2010 - This entry does
not appear in the TEAS Plus ID Manual because activities classified in Classes
B are Certification Marks and are not eligible for filing under TEAS Plus.
This activity involves the actual issuance of certification approval. It is
not a service under the Nice Agreement.
042 Services for designing computer software
05-26-2011: Deleted the 03-11-2010 entry because this activity is already
covered by an existing entry on the Trilateral Partners Approved List,
“Computer software design” in Class 42. The existing entry is more clearly
worded.
043 Services for the reservation of rooms
On
10-6-2011, this 7-20-2004 entry was deleted because it is too similar to an
existing entry for “Reservation of hotel rooms for travelers”
035 Services including recording, transcription,
transformation, composition, compilation and systemization of information used
in electronic transmissions [office functions]
Use of “including” in
this ID has proven to render it too broad.
035 Services of advertising agencies
On 5-26-2011,
this 7-30-2009 entry was deleted because it is covered by an existing Manual
entry, “Advertising agencies”. 07-25-2013: Acceptable entry changed from “D”
deleted to “X” example status.
035 Services of efficiency experts
On 1-1-13, the
03-04-2010 entry was deleted because it is indefinite, and this wording is no
longer acceptable. The Nice Alphabetical List entry “Efficiency experts,” was
amended to “Business efficiency expert services” in Class 35 under the Nice
Classification, Tenth edition, version 2013, effective 1-1-13.
035 Services relating to the analysis, evaluation, creation
and brand establishment of trademarks, trade names and domain names
04-07-2011: This entry describes a commercial activity involving the
evaluation and selection of wording, designs, colors, and stylization, or
other literal or visual elements, to represent a source of goods or services
in the marketplace. It does not include graphic design services in Class 42.
On 05-30-2013, this 07-20-2004 entry was deleted because it is confusing and
could refer to services classified in other classes, e.g., design services in
Class 42 or legal services in Class 45. The individual services in the ID are
already covered by separate entries in the Manual.
035 Services to determine the audience affected by
advertisements
On 5-26-2011, this 7-20-2011 entry was deleted because
the “services” to determine the audience affected by advertisements are not
specified.
035 Services with regard to product presentation to the
public
On 08-06-2015, this 07-20-2004 entry was deleted because the
services are considered too broad under USPTO standards for specificity
required for an identification of services of this type. The TM5 indication
was removed also.
021 Serviette rings of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
043 Serving of food and drink/beverages
On 10-6-2011,
this 7-20-2004 entry was deleted because, although acceptable, it is too
similar to existing entry for “Serving of food and drinks” 08-29-2013:
Acceptable entry status changed from “D” deleted to “X” example.
021 Serving platters of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
021 Serving scoops [household or kitchen utensil]
Serving scoops and scoops for serving and portioning foods are classified in
Class 21 as household or kitchen utensils. Serving scoops are different from
hand-operated scooping tools in Class 8, which are generally used to transfer
unspecified amounts of bulk materials, such as sugar or rice, from a bag to a
container, for example. For classification purposes, the key distinction for
scoops in Class 8 and scoops in Class 21 is whether the scoops are for
transferring unspecified amounts of materials or foods, or for serving or
portioning foods.
021 Serving scoops for {indicate, e.g., ice cream, etc.}
[household or kitchen utensil]
Serving scoops is acceptable in Class
21; further specification is acceptable, but it is not required.
021 Serving trays of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
007 Servo-valves
Note that manually operated metal
valves are in Class 6; automatic control valves are in Class 9; valves for
plumbing 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.
029 Seviche
Seviche is a dish of raw fish marinated
in lime or lemon juice, often with oil, onions, peppers, and seasonings.
Seviche is also commonly spelled “ceviche.”
007 Sewer jetters
Sewer jetters are machines that use
the force of pressurized water to clear blockages in drains or sewers.
042 Sewer overflow monitoring services [electronic data
collection]
08-09-2012: Monitoring services in Class 42 typically
involve the use of computers, sensors, and other technology to evaluate a
mechanical or technological function, or observation and evaluation to ensure
functionality, i.e., quality control. Class 42 monitoring services also
include observation of a physical condition to determine any changes in that
condition. On 08-16-2012, this 05-22-2008 entry was modified by inserting the
bracketed wording to make clear the nature of the services.
042 Sewer system monitoring services [electronic data
collection]
08-09-2012: Monitoring services in Class 42 typically
involve the use of computers, sensors, and other technology to evaluate a
mechanical or technological function, or observation and evaluation to ensure
functionality, i.e., quality control. Class 42 monitoring services also
include observation of a physical condition to determine any changes in that
condition. On 08-16-2012, this 05-22-2008 entry was modified by inserting the
bracketed wording to make clear the nature of the services.
026 Sewing kits comprised of needles, thimbles, scissors and
thread, sold as a unit
01-01-2016: Status of entry changed from
“A”-Added to “X”-Example.
010 Sex toys
Pursuant to the addition of “sex toys”
in Class 10 of the Nice Classification, Tenth edition, version 2015, effective
01-01-2015, this identification is acceptable in Class 10. Further
specification of the particular form or nature of the goods by its generic
name is acceptable, but it is not required. Under NCL 10-2015, the
designation, “sex toys,” in Class 10 may encompass apparatus that function for
direct stimulation, as well as goods that do not function for direct
stimulation, e.g., handcuffs.
029 Shakes
On 1-1-2012 this entry of 4-2-1991 was
transferred from Class 30 to Class 29 pursuant to the 10th Edition of the Nice
Agreement because these are milk-based beverages.
011 Shampoo basins for barbers' shop use
On
10-20-2016, this 07-20-2004 entry was deleted because it was not clear that
the shampoo basins were parts of sanitary installations in Class 11.
003 Shampoos [not acceptable alone, but acceptable in a list
of cosmetics or hair care products]
Shampoo acceptable as single item
- does not need to be in a list of cosmetic products.
003 Shampoos for {indicate, e.g., curly hair, enhancing hair
curls, etc.}
Shampoos is acceptable wording in Class 3; further
specification of its particular purpose is also acceptable, but it is not
required.
025 Shapewear
Shapewear are fitted under garments
designed to hold a part of the body in a particular form to enhance the fit
and appearance of apparel. Shapewear is different in function and purpose
from “compression garments,” which are intended to improve circulation and
reduce swelling, and are classified in Class 10 per the 10th Edition, 2015
Version of the Nice Classification.
025 Shapewear, namely, {indicate specific items, e.g.,
girdles, bras}
07-30-2015: Shapewear are fitted under garments
designed to hold a part of the body in a particular form to enhance the fit
and appearance of apparel. Shapewear is different in function and purpose
from “compression garments,” which are intended to improve circulation and
reduce swelling, and are classified in Class 10 per the 10th Edition, 2015
Version of the Nice Classification.
007 Shaping machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods.
007 Sharpening machines
This does not include pencil
sharpeners which are office requisites in Class 16
003 Shave creams
These refer to non-medicated creams.
Medicated creams are in Class 5.
018 Shaving bags sold empty
If sold complete with
cosmetics or toiletries, these goods would be in Class 3.
003 Shaving balm
7-30-09 This refers to non-medicated
shaving balm. Since shaving balm is most commonly sold without medication, it
is not necessary to include that language in the ID. It should be noted that
medicated shaving balm is in Class 5.
008 Shaving cases
These cases are specially adapted
for shaving razors and razor blades.
003 Shaving cream
These refer to non-medicated
creams. Medicated creams are in Class 5.
003 Shaving lotion
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
003 Shaving lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
003 Shaving preparations
These refer to non-medicated
creams. Medicated creams are in Class 5.
003 Shaving spritz in the nature of a moisturizing solution
for shaving
11-28-2013: Entry status changed from “A” added to “X”
example.
025 Shawls made in whole or in substantial part of {specify,
e.g., silk, cashmere, cotton, etc.}
Identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
007 Shearing machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Electric shearing machines is acceptable wording; further
specification is acceptable, but it is not required. Status of entry changed
from “A”-Added to “X”-Example.
006 Sheet metal [not of precious metal]
Sheets of
precious metal or sheet metal of precious metal is in Class 14
015 Sheet music stands
Sheet music stands were
accepted in Class 15 in the 8th edition of the Nice Agreement. Therefore, this
item had to be transferred from Class 16 to Class 15 in the US ID Manual.
016 Sheets of reclaimed cellulose for wrapping [cellophane
paper]
Reclaimed cellulose sheets refer to the goods more commonly
known as cellophane paper, and is also known as regenerated cellulose.
025 Shell jackets
05-21-2015: A shell jacket is a
short tight military jacket worn buttoned up the front.
029 Shellfish for human consumption, not live
On
2-14-2013, this 11-22-2007 entry was amended to add “not live.” Live shellfish
is classified in Class 31.
029 Shellfish, not live [in general, or indicate specific
type, e.g., shrimp, not live]
On 2-14-2013, the 4-2-1991 entry was
amended to add each instance of “not live” and delete “lobster, clams.” Live
shellfish is classified in Class 31.
020 Shelves for typewriters
Shelves is acceptable
wording; further specification is also acceptable, but it is not required.
020 Shelving and component parts thereof, namely, shelves and
brackets sold as a unit
Metal shelf brackets sold separately are in
Class 6.
030 Sherbet
5-30-2013. Sherbet in Class 30 is a
confectionery ice. Sherbet beverages are beverages made from sweetened
diluted fruit juice and are classified in Class 32. If the sherbets are in
the nature of beverages, the identification should indicate that the goods are
beverages and classify the goods in Class 32.
032 Sherbet beverages
On 05-30-2013, the 07-20-2004
identification was amended from “Sherbets [beverages]” to “Sherbet beverages”
in order to clarify the nature of the goods and to avoid confusion with the
Class 30 sherbets. Sherbet beverages are beverages made from sweetened
diluted fruit juice. Sherbet in Class 30 is a confectionery ice. If the
sherbets are beverages, the identification should indicate that the goods are
beverages for classification purposes.
030 Sherbet mixes
5-30-2013. Sherbet mixes are used
to make sherbet confectionery ice. Sherbet beverages are beverages made from
sweetened diluted fruit juice and are classified in Class 32. Mixes used to
make sherbet beverages are classified in Class 32.
030 Sherbets [confectionery ices]
On 05-30-2013, the
07-20-2004 identification was amended to replace “[sorbets]” with
“[confectionery ices]” to clarify the nature of the goods. Please note that
sherbets in the nature of beverages are classified in Class 32. Sherbet
beverages are beverages made from sweetened diluted fruit juice. Sherbets in
Class 30 are confectionery ices.
012 Shift boots for motor vehicles
Shift boots are
covers that fit over the manual gear box of motor vehicles.
019 Shingles
Metal shingles are in 6 and nonmetal
shingles are in 19. Therefore, the entry “shingles” without an indication of
material composition is ambiguous and has been deleted.
039 Ship 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 seller. Note that yacht brokerage
refers to the more traditional brokerage service and is in Class 36.
037 Ship building services at shipyards
Ship building
is acceptable wording; further specification is acceptable, but it is not
required.
025 Shirt inserts, namely, dickies
12-16-10 - The
4-2-91 entry, “dickies” was replaced by the current language. As a generic
item, a “dickie” is a man's separate or detachable shirtfront or a small
fabric insert worn to fill in the neckline. DICKIE is a trademark for clothing
items other than shirt inserts and should not be used without the additional
language now indicated in the ID in order to avoid using a registered mark as
a generic term.
026 Shoe laces made in whole or in substantial part of
{specify, e.g., leather, cotton, jute, etc.}
While material
composition may be indicated, it is not required. Shoe laces is an acceptable
identification in Class 26. 10-03-20136: Entry status changed from “A” added
to “X” example.
014 Shoe ornaments of precious metal
Due to an error,
these goods were erroneously transferred to Class 26 in the 1/1/07 update.
However, they have now been transferred back to Class 14 which is the class
assigned to them in the Nice Agreement.
007 Shoe polishers, electric
Shoe polishers, electric
is an entry in the Nice Alphabetical List of Goods.
025 Shoe soles for repair
On 04-02-2015, the
07-20-2004 entry, “Shoes soles for repair” was amended to “Shoe soles for
repair” to match the TM5 approved entry.
025 Shoe uppers
05-21-2015: Shoe uppers are the part
of a shoe above the sole, covering the upper surface of the foot.
025 Shoes featuring {indicate performance-related feature of
the goods, e.g., spring devices, cushioning technology, etc.}
09/24/2015: “Shoes” is an acceptable identification; special features of the
goods may be indicated but is not required. Entry status changed from “A” -
Added to “X” - Example.
025 Shoes made in whole or in substantial part of {indicate
material(s), e.g., rubber, plastic, cotton, etc.} for protection of airline
passengers' feet during airport security screening
Shoes for
protection of airline passengers' feet during airport security screening is an
acceptable identification in Class 25; it is permissible to indicate the
material composition of the shoes, but not required.
035 Shop window display arrangement services
On
11-3-2011, this 4-2-1997 entry was deleted because, although acceptable, it is
covered by the existing entry for “Window display arrangement services”.
07-25-2013: Acceptable entry changed from “D” deleted to “X” example
status.
036 Shopping center services, namely, rental of shopping
center space
“Shopping center services” alone is not an acceptable ID
includes services in other classes and must be broken down further, e.g.,
shopping center maintenance and cleaning services in Class 37, shopping center
concierge services in Class 45, rental of wheelchairs, scooters and strollers,
in Class 39, etc.
044 Shopping mall kiosks for providing men's barber
services
09-05-2013: Entry status changed from “A” added to “X”
example.
025 Shortalls
05-21-2015: Shortalls are overalls,
particularly with short-cut legs, like a pair of shorts.
029 Short-necked clams, not live
On 1-31-2013, the
7-20-2004 entry “Short-necked clams [not live]” was modified to incorporate
the bracketed wording into the identification. Live short-necked clams are
classified in Class 31.
021 Shot glasses
10-27-2016 - Shot glasses are small,
heavy glasses for serving as shot of whisky or liquor.
026 Shoulder pads for clothing
Transferred from Class
25 - these goods are in Class 26 of the Nice Agreement (not part of the 9th
edition revisions)
003 Shower creams
These refer to non-medicated
creams. Medicated creams are in Class 5.
011 Shower enclosures
Does not include plumbing
fixtures
011 Shower screens
Shower screens are screens
typically made of glass or plastic that are fitted to the open side(s) of
showers and bathtubs and used to contain water while showering.
008 Shrimp deveiner
11-24-2016 - A shrimp deveiner is
a hand tool featuring a pointed blade tip that removes the veins of
shrimp.
029 Shrimp, not live [for human consumption]
On
1-31-2013, the 3-15-1993 entry “Shrimp [not live; for human consumption]” was
modified to incorporate the bracketed wording “not live” into the
identification. Live shrimp are classified in Class 31.
029 Shrimps, prawns and lobsters, not live
On
1-31-2013, the 7-20-2004 entry “Shrimps, prawns and lobsters [not live]” was
modified to incorporate the bracketed wording into the identification. Live
shrimps, prawns and lobsters are classified in Class 31.
025 Shrugs
05-21-2015: Shrugs are women’s short
jackets or close fitting cardigans.
010 Side-entry baths adapted for the physically
handicapped
On 04-02-2015, this 04-01-2010 entry was transferred from
Class 11 to Class 10 and was amended to replace “for use by” with “adapted
for.” Items that are specially adapted for use by invalids or handicapped
individuals are generally classified in Class 10. See TMEP §1401.05(b) for
further information.
021 Sieves for household purposes
On 04-07-2016, this
07-20-2004 entry “Sieves [for household purposes]” was modified to “Sieves for
household purposes.” “Sieves” is indefinite and overly broad. Sieves for
household purposes are household or kitchen utensils. Sieves in the nature of
machines or machine parts are classified in Class 7.
013 Sight protectors for firearms
On 01-01-2015, this
04-02-1991 entry was deleted because it is indefinite under NCL 10-2015, which
requires that firearm sights be classified by its telescopic (Class 9) or
non-telescopic (Class 13) function.
020 Sign boards
Entry is indefinite. Signboards are
classified by material composition.
041 Sign language interpretation
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 and other
translation and language interpretation services were transferred to Class 41
as a result of the restructuring.
040 Sign lettering
This entry was transferred from
Class 42 to Class 40 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
037 Sign painting
02-11-2016: Painting or repair of
signs is in the Nice Alphabetical List in Class 37. Painting services are
classified in Class 37 as maintenance-type activities for the restoring
objects to their original condition or preserving them without altering their
physical or chemical properties. Painting services in Class 37 do not
encompass custom painting of artwork services, which are classified in Class
41.
001 Siliceous ooze
Siliceous ooze is a sediment
material comprised mostly of diatoms that is found on the deep ocean floor. It
is classified in Class 1 based on the analogy with Diatomaceous earth, which
is in the Nice Alphabetical List in Class 1.
001 Silicon carbide
On 01-01-2016, this 07-20-2004
entry was deleted in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Under Nice 10-2016, “Silicon carbide [raw
materials]” was added to the Alphabetical List in Class 1. “Silicon carbide
[abrasive]” appears in the Alphabetical List in Class 3. Thus, under Nice
10-2016, “silicon carbide” is indefinite and overly broad because the purpose
of the goods must be indicated to determine proper classification. Silicon
carbide for use as a raw material in the manufacture of other goods is
classified in Class 1. Silicon carbide for use as an abrasive is classified
in Class 3.
017 Silicon elastomer with reinforcing support layer, adhesive
and release liner used as a peel and stick grip and anti-sliding applique for
attachment to solid surfaces, and especially for use in marine
applications
The word “appliques” is used in the U.S. marketplace to
refer to a variety of goods in multiple classes. However, effective January 1,
2013, the wording “Appliques [haberdashery]” appears in the Nice Alphabetical
List in Class 26, and this new Alphabetical List entry encompasses clothing
decorations such as fabric patches. Therefore, applicants who intend to apply
for an Extension of Protection under the Madrid Protocol should consider
limiting their use of the term “appliques” to Class 26 because including this
term in other classes may result in a Notice of Irregularity.
006 Silicon iron
Silicon iron is a metal alloy of
iron and silicon and appears in the Nice Alphabetical List in Class 6.
017 Silicone-based sealants for construction particularly for
use in glazing, siding and trim
On 01-17-2013, the wording “and
adhesives” was deleted from the 12-01-2005 entry because “Adhesives for
industrial purposes” is in the Nice Alphabetical List in Class 1, and that
entry covers construction industry adhesives. “Sealant compounds for joints”
is in the Nice Alphabetical List in Class 17 and covers the goods described in
this entry.
040 Silk screen printing [This is a printing service; it
should not be used to identify the specific items being silkscreened, e.g.,
T-shirts, which are goods in Class 25]
This entry was transferred
from Class 42 to Class 40 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
016 Silver paper
Although silver paper is comprised
in part of metallic materials, it functions as paper, and Paper is in the Nice
Alphabetical List in Class 16.
001 Silver salt solutions for silvering
Silver salt
is a chemical compound typically used for industrial purposes.
009 Simulators for driving or control of vehicles
02-28-2013 - Driving simulators are in the nature of computer hardware and
software-based apparatus designed to re-create driving conditions so that the
user can practice skills necessary to operate the vehicle under real
circumstances. Driving simulators may also be used in the design and testing
of newly developed vehicles.
009 Simulators for the steering and control of vehicles
[computer hardware and software]
Simulators for the steering and
control of vehicles is in the Nice Alphabetical List, and the bracketed
wording clarifies the nature of the goods and the justification for
classifying the simulators in Class 9.
025 Singlets
05-21-2015: Singlets are shirts that
have no sleeves or collar and may be worn for playing sports.
007 Sintering machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
021 Siphon bottles for carbonated water
This entry
refers to a pressurized bottle that forces carbonated water out under the
pressure of the gas inside.
021 Sippy cups
This was transferred from Class 20 -
the previous class indication was a typographical error.
022 Sisal
Sisal is a plant fiber used for making
rope.
015 Sistrums
A musical instrument of ancient Egypt
consisting of a metal frame with transverse metal rods that rattled when the
instrument was shaken.
001 Size for use in the textile industry
Size is a
glutinous material in glue, flour, varnish, or resin form, which is typically
used for filling in the pores of surfaces such as paper, textile, leather, or
plaster.
001 Size for walls
Transferred from Class 2 based on
Nice Agreement entries.
025 Skapris
Skapris are articles of clothing
consisting of skirts with attached capri pants.
006 Skelps
Skelps are strips of semi-wrought metal
used for making cylindrical pieces or tubes.
012 Ski lifts
These goods are in Class 12 because
their primary purpose is transportation.
008 Ski profiles containing vices for holding skis during
waxing, tuning, or sharpening
The ski profiles are classified in
Class 8 because the functionality of the goods depends on the vices, and Vices
appear in the Nice Alphabetical List in Class 8.
037 Ski tuning services
5-27-10 The entry from
7-17-08 was transferred from Class 41 to Class 37 because these services
involve the maintenance and repair of the goods.
025 Ski wear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
003 Skin abrasive preparations
These refer to
non-medicated creams. Medicated creams are in Class 5.
003 Skin care preparations, namely, fruit acid peels for
skin
This item is a non-medicated skin care preparation. Medicated
skin care preparations are in Class 5.
003 Skin care preparations, namely, chemical peels for
skin
This item is a non-medicated skin care preparation. Medicated
skin care preparations are in Class 5.
003 Skin care preparations, namely, body balm
This
item is a non-medicated skin care preparation. Medicated skin care
preparations are in Class 5.
003 Skin care preparation, namely, body polish
This
item is a non-medicated skin care preparation. Medicated skin care
preparations are in Class 5.
044 Skin care salons
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
003 Skin cleanser in liquid spray form for use as a baby wipe
alternative
11-28-2013: Entry status changed from “A” added to “X”
example.
003 Skin cleansing cream
These refer to non-medicated
creams. Medicated creams are in Class 5.
003 Skin cleansing lotion
These refer to
non-medicated lotions. Medicated lotions are in Class 5.
003 Skin cream
These refer to non-medicated creams.
Medicated creams are in Class 5.
003 Skin creams
These refer to non-medicated creams.
Medicated creams are in Class 5.
003 Skin creams in liquid and solid
These refer to
non-medicated creams. Medicated creams are in Class 5.
003 Skin creams in liquid and solid form
These refer
to non-medicated creams. Medicated creams are in Class 5.
003 Skin creams in liquid and in solid form
These
refer to non-medicated creams. Medicated creams are in Class 5.
009 Skin diving masks
This entry was transferred from
Class 28 to Class 9 due to a clarification of the Nice Agreement. Goggles,
masks, etc. for sports purposes are items of optical apparatus. Optical
apparatus is classified in Class 9. Therefore, goggles and masks for sports
purposes are in Class 9.
003 Skin lightening creams
These refer to
non-medicated creams. Medicated creams are in Class 5.
003 Skin lotion
These refer to non-medicated lotions.
Medicated lotions are in Class 5.
003 Skin lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
044 Skin treatment, namely, the injection of dermal fillers to
reduce the appearance of facial fine lines
09-05-2013: Entry status
changed from “A” added to “X” example.
044 Skin treatments, namely, the injection of dermal filling
agents and neuromuscular blocking agents to reduce the appearance of facial
lines and wrinkles
09-05-2013: Entry status changed from “A” added to
“X” example.
003 Skin whitening creams
These refer to
non-medicated creams. Medicated creams are in Class 5.
003 Skin whitening preparations
These refer to
non-medicated creams. Medicated creams are in Class 5.
025 Skiwear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
025 Skorts
05-21-2015: A skort is a pair of shorts
with a front panel which gives the appearance of a skirt.
025 Skull caps
05-21-2015: A skull cap is a small
close-fitting cap without a peak.
012 Sky diving weight vests
11-10-2011: These goods
are closely related to parachutes and parachute harnesses. Parachutes are in
the Nice Alphabetical List in Class 12. Therefore, these goods are also in
Class 12.
028 Sledges for use in down-hill amusement rides
On
01-01-2014, this 04-02-1991 entry “Tractors and sleds for use in down-hill
amusement rides” was amended to “Sledges for use in down-hill amusement
rides.”
028 Sleds [sports articles]
On 01-01-2014, “Sleds
[sports articles]” was added to the Nice Classification, Tenth edition,
version 2014.
012 Sleds for transport purposes
These sleds are used
as vehicles for transporting people or goods in snow-bound areas - they are
not recreational sleds in Class 28 or rescue sleds in Class 9.
024 Sleeping bag liners
On 01-01-2014, this entry of
07-20-2004 was transferred from Class 20 to Class 24 pursuant to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
024 Sleeping bags in the nature of sheeting
These
goods are in the Nice Alphabetical List in Class 24. These goods are in the
nature of a bed sheet that has been sewn closed on the bottom and the sides.
These goods are typically used on beds and cots by travelers when sleeping in
hostels.
025 Sleepwear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
012 Sleighs for transport purposes
On 03-14-2013,
this 12-03-2001 entry, “Sleighs,” was modified by indicating the purpose of
the goods to make clear the rationale for classification in Class 12 and
because “Sleighs [vehicles]” appear in the Alphabetical List. Note however,
that sleighs for sporting and recreational purposes are in Class 28 because
“Sleighs [sports articles]” appear in the Alphabetical List in Class 28. On
01-01-2014, the Nice Alphabetical list entry “Sleighs [sports articles]” in
Class 28 was changed to “Sleds [sports articles]” in Class 28 pursuant to Nice
Classification, Tenth edition, version 2014.
029 Sliced and seasoned barbequed beef (bulgogi)
On
01-05-2012, the classification of this 11-10-2011 entry was corrected. It
erroneously appeared in Class 30. The correct Class is 29. On 9-6-2012, this
entry was amended to replace the brackets with parentheses.
015 Slings used to support violins and/or violas while
playing
10-03-2013: Entry status changed from “A” added to “X”
example.
028 Slot machines
On 1-1-2012, this entry of 4-2-1991
was transferred from Class 9 in accordance with the 10th Edition of Nice
Agreement. Under the 10th Edition, all game apparatus are in Class 28 because
“games and playthings” are in the Class 28 Heading.
041 Slot route operator services
Slot route operators
provide gaming services by operating slot machines on non-casino properties
such as bars and restaurants.
007 Slotting machines
Slotting machines are used to
cut slots in metal, wood or other materials.
007 Slotting machines for metalworking
On 06-25-2015,
this 07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods. Slotting machines is acceptable wording; further specification is
acceptable, but it is not required. Status of entry changed from “A”-Added to
“X”-Example.
031 Small animal bedding made of recycled paper
12-31-09 - The 7-2-09 entry was transferred from Class 16 to be consistent
with similar entries that have been in Class 18 for a number of years. On
04-24-2014, this 12-31-2009 entry was transferred from Class 18 to Class 31
because ’Products for animal litter’ is in the Nice Alphabetical List in Class
31, and the Internet evidence shows that these goods are analogous to litter
material used as animal bedding. Further, most animal bedding is made from an
agricultural or forestry product, such as straw, which justifies
classification in Class 31. 01-01-2016: “Products for animal litter” in the
Nice Alphabetical List in Class 31 was modified under Nice 10-2016 to “litter
for animals.”
014 Smart watches
On 03-13-2014, this entry of
05-02-2013 was deleted because it is too broad in that it would include
“Wearable digital electronic devices comprised primarily of software and
display screens for {specify function of the software, e.g., viewing, sending
and receiving texts, emails, data and information from smart phones, tablet
computers and portable computers, etc.} and also featuring a wristwatch
[excluding gaming apparatus]” in Class 9 and “Smart watches comprised
primarily of a wristwatch also featuring {specify, e.g., a telephone, software
and display screens for viewing, sending and receiving texts, emails, data and
information, etc.}” in Class 14, for example. 01-01-2016: Smartwatches was
added to the Nice Alphabetical List in Class 9 under Nice 10-2016 and appears
in the ID Manual effective 01-01-2016.
014 Smart watches comprised primarily of a wristwatch and also
featuring {specify, e.g., a telephone, software and display screens for
viewing, sending and receiving texts, emails, data and information, etc.}
On 01-01-2016, this 03-13-2014 entry was deleted in compliance with the
Nice Classification, Tenth edition, version 2016, effective 01-01-2016. Under
Nice 10-2016, “smartwatches” was added to the Nice Alphabetical List in Class
9.
009 Smartwatch bands
Smartwatch bands are classified
in Class 9 because they are fitted or specially adapted for smartwatches,
which are classified in Class 9. Watch bands are classified in Class 14
because they are fitted or specially adapted for watches, which are classified
in Class 14. The term “watches” in Class 14 excludes “smartwatches,” which
are classified in Class 9 because they are analogous to computers.
009 Smartwatch straps
Smartwatch straps are
classified in Class 9 because they are fitted or specially adapted for
smartwatches, which are classified in Class 9. Straps for watches are
classified in Class 14 because they are fitted or specially adapted for
watches, which are classified in Class 14. The term “watches” in Class 14
excludes “smartwatches,” which are classified in Class 9 because they are
analogous to computers.
035 Smoke shops
Smoke shops are retail establishments
specializing in cigar and tobacco paraphernalia.
032 Smoothies
1-1-2012 This entry has been added
pursuant to the 10th Edition of the Nice Agreement. This is a beverage
prepared by adding fruits and vegetables to yogurt or milk and then mixed in
blenders. The fruit and vegetables are considered the predominant ingredients
of these beverages. Accordingly, these beverages are in Class 32.
043 Snack bar and canteen services
On 10-6-2011, this
7-20-2004 entry was deleted because it is covered by separate entries for
“Snack bar services” and “canteen services” 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example. The wording “snack bar(s)” by
itself is unacceptable as it could identify goods.
043 Snack bars
On 10-6-2011, this 1-1-2002 entry was
deleted because it is covered by the existing entry for “Snack bar services.”
01-09-2014: Status of acceptable entry for services changed from “D”-Deleted
to “X”-Example.
029 Snack dips [excluding salsa and other sauces and Class 30
based dips such as chocolate or caramel used as dips]
8-12-10 - Note
was clarified by adding that the item in Class 29 excluded sweet dips, such
as, chocolate or caramel dips that would be in Class 30.
029 Snack food dips [excluding salsa and other sauces and
Class 30 based dips such as chocolate or caramel used as dips]
8-12-10 - Note was clarified by adding that the item in Class 29 excluded
sweet dips, such as, chocolate or caramel dips that would be in Class 30.
029 Snack mix consisting primarily of processed nuts and
salted squash seeds and also including toasted corn
08-01-2013:
Acceptable entry status changed from “A” added to “X” example.
029 Snack mix consisting primarily of dehydrated fruits,
processed nuts and also including sesame sticks
08-01-2013:
Acceptable entry status changed from “A” added to “X” example.
029 Snack mix consisting primarily of processed nuts, and also
including {indicate other ingredients included in the goods, e.g., seeds,
dried fruit, chocolate, etc.}
08-01-2013: Acceptable entry status
changed from “A” added to “X” example.
029 Snack mix consisting primarily of processed nuts, seeds,
dried fruit and also including chocolate
08-01-2013: Acceptable entry
status changed from “A” added to “X” example.
030 Snack mix consisting primarily of crackers, pretzels
and/or popped popcorn
5/7/10 - “candied nuts” was deleted from this
entry so it would not be deemed a primary component. Since candied nuts are in
Class 29, if it were a primary component of this mix, the mix would be
classified in Class 29.
043 Snack-bar services
On 01-01-2016, this 08-12-2010
entry was amended from “Snack bar services” to “Snack-bar services” in
compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016.
043 Snack-bars
On 10-6-2011, this 11-29-2007 entry
was deleted because it is covered by the existing entry for “Snack bar
services.” 01-09-2014: Status of acceptable entry for services changed from
“D”-Deleted to “X”-Example.
014 Snap jewelry
Snap jewelry is jewelry fitted for
interchangeable snapped on components.
021 Snifters
Snifters, also called “brandy snifters”
or “cognac glasses,” are short-stemmed drinking glasses with wide bottoms and
relatively narrow tops, commonly used to serve brandy and whisky.
026 Snoods
A snood is an ornamental net in the shape
of a bag that confines a woman's hair that pins or ties at the back of the
head.
009 Snorkels
This entry was transferred from Class 28
to Class 9 due to a clarification of the Nice Agreement. Snorkels are a form
of respiration apparatus and respiration apparatus is life-saving in nature.
Life-saving apparatus and instruments are in the class heading for Class 9.
Therefore, snorkels should be in Class 9 the same as other more sophisticated
respiration apparatus.
028 Snow globes
This item accepted in Class 28 in the
8th edition of the Nice Agreement. Therefore, the entry was transferred from
Class 20 to Class 28 in the US ID Manual.
028 Snow sleds for recreational use
7-2-09 - search
“sleds” by itself in order to see sleds that are in classes other than class
28. It is for this reason that “for recreational use” is an important part of
the ID in Class 28. On 01-01-2014, “Sleds [sports articles]” was added to the
Nice Classification, Tenth edition, version 2014. Pursuant to this change, the
primary purpose of a sled is that of a sports article in Class 28. However,
“Rescue sleds” are classified in Class 9 because their primary purpose is a
life-saving apparatus and “Sleds for transport purposes” are classified in
Class 12 because their primary purpose is for transport.
037 Snowboard tuning services
5-27-10 The entry from
7-17-08 was transferred from Class 41 to Class 37 because these services
involve the maintenance and repair of the goods.
034 Snuff boxes made of precious metal
Transferred
from Class 14 in accordance with 9th Edition of Nice Agreement.
021 Soapstone cubes for chilling whiskey
WHISKY
STONES is a registered trademark and cannot be used as a generic term in the
identification of goods/services. See U.S. Reg. Nos. 4490200 and 4110401.
045 Social clubs
This activity encompasses services
in more than one class; therefore, it has been deleted from the Manual as an
acceptable ID. The specific activities offered by a social club should be
indicated and classified appropriately.
045 Social introduction agencies
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
045 Social service, namely, companionship services for
{indicate type of individuals, e.g., elderly, disabled, home-bound}
On 04-19-2012, the 03-01-2006 entry was amended by deleting “handicapped” and
inserting “disabled.”
044 Sod farming services
On 08-15-2013, this
08-13-2009 entry was modified by deleting “farms” and inserting “farming
services” to make clear that the activity is being performed for others.
Additionally, the status was changed from “A - Added” to “X” to indicate that
it is an example of acceptable wording. To be a service, an activity must be
primarily for the benefit of someone other than the applicant. TMEP
1301.01(a)(ii). Therefore, operating a wheat farm, for example, for the
purpose of growing, harvesting, and selling wheat for further manufacture, is
not considered a wheat farming service under the Trademark Act because,
although the manufacturers derive an incidental benefit, the farming
activities primarily benefit the farmer. Farming activities must be rendered
for others to be a registrable service.
030 Soda bread
On 02-11-2016, this 12-03-2015 entry
was transferred from Class 29 to Class 30. This entry was inadvertently added
to the Manual in Class 29. The correct classification for “soda bread” is
Class 30.
042 Software as a service (SAAS) services featuring software
for {specify the function of the programs, e.g., for use in database
management, for service desk management, for accounting, etc., and, if
software is content- or field-specific, the content or field of use}
12-15-2011: Amended the 10-30-2008 entry by deleting “in the field of” and
inserting “for” to more clearly indicate that identification must specify the
function of the software programs.
042 Software authoring
Analogous to programming
services.
042 Software development consulting in the field of {indicate
subject matter or field of use}
On 5-5-2011, this 11-26-2009 ID was
amended from “Consulting in the field of software development in the field of
{indicate subject matter or field of use} to “Software development consulting
in the field of {indicate subject matter or field of use}” for clarity
042 Software development and product development consulting in
the field of {indicate subject matter or field of use}
On 5-5-2011,
this 11-26-2009 ID was amended from “Consulting in the field of software
development and product development in the field of {indicate subject matter
or field(s)} to “Software development and product development consulting in
the field of {indicate subject matter or field of use}” for clarity.
009 Software development kits (SDK)
Software
development kits (SDK) are sets of software development tools intended to make
various types of software applications. TMEP 1401.05(a)
042 Software porting
Software porting is the service
of converting software to run in a computing environment different from that
which it was originally designed.
009 Software utilizing bidirectional communication via
ethernet and internet to monitor and/or configure programmable logic controls
for wine cellars
11-28-2013: Entry status changed from “A” added to
“X” example.
029 Soft-shelled turtles, not live
On 1-31-2013, the
7-20-2004 entry “Soft-shelled turtles [not live]” was modified to incorporate
the bracketed wording into the identification. Live soft-shelled turtles are
classified in Class 31.
001 Soil conditioning preparations comprised of {indicate what
the preparations are comprised of, e.g., absorbent polymer spheres, etc.}
Soil conditioning preparations is acceptable wording; further
specification is acceptable, but is not required.
011 Solar collectors
Goods are in Class 11 as
mandated by Nice Agreement Alphabetical list.
011 Solar heat collection panels
Goods are in Class
11 as mandated by Nice Agreement Alphabetical list.
007 Soldering lamps
1-1-2012 This entry of 8-1-2006
was transferred from Class 11 to Class 7 in accordance with the 10th Edition
of the Nice Agreement.
009 Solenoid valves [electromagnetic switches]
Note
that manually operated metal valves are in Class 6; valves being machine parts
and engine valves for vehicles and machinery are in Class 7; valves for
plumbing 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 Solid state video recorders
“Solid state” in the
description “Solid state video recorders” refers to the nature of the
electronic technology in which the electronic devices are comprised of solid
materials, and the electrons are confined within that solid material (rather
than vacuum tubes).
012 Solid tires
Solid tires are typically comprised
of solid rubber and plastic compounds, and they are used for motorized golf
carts, scooters, and many types of light industrial vehicles, carts, and
trailers.
012 Solid tires for vehicle wheels
07-19-2012: Solid
tires are typically comprised of solid rubber and plastic compounds, and they
are used for motorized golf carts, scooters, and many types of light
industrial vehicles, carts, and trailers. 01-01-2016: On 01-01-2016, this
07-19-2012 entry was amended from “Tires, solid, for vehicle wheels” to “Solid
tires for vehicle wheels” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
012 Solid tyres for vehicle wheels
07-19-2012: Solid
tires are typically comprised of solid rubber and plastic compounds, and they
are used for motorized golf carts, scooters, and many types of light
industrial vehicles, carts, and trailers. 01-01-2016: On 01-01-2016, this
07-19-2012 entry was amended from “Tyres, solid, for vehicle wheels” to “Solid
tyres for vehicle wheels” in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
004 Solidified gases being fuel
On 01-01-2016, this
09-04-2008 entry was amended from “Solidified gas [fuel]” to “Solidified gases
being fuel” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
001 Solidified protective gases for welding
Gas for
welding is acceptable wording in Class 1; further specification is acceptable,
but it is not required.
041 Song writing services for non-advertising purposes
On 4-18-2013, this 1-2-1997 ID was amended from “Song writing services”
to “Song writing services for non-advertising purposes” to make clear that
these services are not classified in Class 35. 01-01-2016: On 01-01-2016, this
04-18-2013 entry was deleted. “Songwriting” was added to the Nice
Alphabetical List in Class 41 under the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016. Songwriting is acceptable wording;
further specification is acceptable, but it is not required.
035 Song writing services for advertising purposes
On
01-01-2016, this 03-05-2015 entry was deleted. “Songwriting” was added to the
Nice Alphabetical List in Class 41 under the Nice 10-2016. Songwriting is
acceptable wording in Class 41; further specification is acceptable, but it is
not required.
030 Sorbet
05-30-2013. Sorbets in Class 30 are in
the nature of confectionery ices. Sorbets in the nature of beverages are
classified in Class 32. If the sorbets are beverages, the identification
should indicate that the goods are beverages and classify the goods in Class
32.
030 Sorbets
05-30-2013. Sorbets in Class 30 are in
the nature of confectionery ices. Sorbets in the nature of beverages are
classified in Class 32. If the sorbets are beverages, the identification
should indicate that the goods are beverages and classify the goods in Class
32.
007 Sorting machines for chemical processing
On
04-02-2015, the 07-20-2004 entry was amended to incorporate the bracketed
wording “[for chemical processing]” into the identification to clarify the use
of the goods.
040 Sorting of waste and recyclable material
This
entry was transferred from Class 42 to Class 40 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement.
009 Sound bars
Sound bars are wireless surround sound
speakers in a bar shape.
010 Sound processors adapted for use with prosthetic hearing
devices
On 8-2-2012, this 07-12-2012 entry was modified from “sound
processors adapted for use with hearing aids” to “sound processors adapted for
use with prosthetic hearing devices” to serve a broader range of Manual
users.
031 Soy bean meal [animal feed]
On 10-15-2015, this
07-20-2004 entry was deleted because it is indefinite and does not clearly
indicate the nature of the goods. The Manual includes an entry for “Animal
feed” in Class 31.
005 Soy protein for use as a nutritional supplement in various
powdered and ready-to-drink beverages
4/17/08 - Changed “ingredient”
to “supplement” to make it clear that the protein is not a manufacturing
ingredient but rather a nutrition enhancer.
029 Soy protein for use as a food additive
On
1-1-2012, this entry of 7-1-2001 was deleted because it is indefinite and
overbroad under the 10th edition of the Nice Agreement. Food additive for
culinary purposes are classified as foods and beverages in Classes 29-33
depending on the nature of the goods. Food additives for food industry
purposes are in Class 1.
031 Soy sauce cakes [animal feed]
On 10-15-2015, this
07-20-2004 entry was deleted because it is indefinite and does not clearly
indicate the nature of the goods. The Manual includes an entry for “Animal
feed” in Class 31.
029 Soy yogurt
Yogurt is acceptable wording; further
specification is acceptable, but it is not required.
029 Soya milk
This is a milk substitute.
030 Spaghetti with meatballs
On 06-23-2016, the
04-02-1991 entry “Spaghetti and meatballs” was amended to “Spaghetti with
meatballs” to match the TM5 approved entry.
012 Spars for ships
Spars for ships are stout,
rounded pieces, usually of wood or metal (e.g., a mast, boom, gaff, or yard)
used to support rigging on ships.
025 Spats [leggings]
Spats are cloth coverings for
the instep and ankle that are typically attached to shoes or boots.
009 Speaking tubes
Speaking tubes are simple devices
for talking over long distances, essentially tubes with funnels at either
end.
041 Special event planning for social entertainment
purposes
This activity encompasses planning of events other than
those related to business functions. 05-27-2010 - Despite the previous note,
this service is included in IDs in Class 41 with a specification of being for
a business purpose; therefore, the 06-01-2001 entry in Class 41 has been
modified to indicate that the special event planning is done for social
entertainment purposes.
035 Specialized retail pharmacy services for patients with
particular medical conditions
On 11-03-2011, this 1-29-2009 entry was
deleted because, although acceptable, the subject matter of the retail
pharmacy services is too specific to be of use to a broad number of
applicants. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
009 Specialty holsters adapted for carrying personal
electronic devices, namely, {indicate specific device, e.g., cell phones,
pagers, personal digital assistants, etc.} [excluding gaming apparatus]
On 12-06-2012, this 06-01-2001 entry “Specialty holster for carrying
{indicate electronic device, e.g., cellular phones, pagers and/or personal
digital assistants}” was amended to make explicit the rationale for
classification in Class 9. As previously written, the ID could be interpreted
as including holsters for gaming devices in Class 28 since all game apparatus
are in Class 28 because “games and playthings” are in the Class Heading under
the 10th Edition.
009 Spectacle glasses
On 12-13-2012, this 07-20-2004
entry was deleted because the words “Spectacle” and “glasses” used together is
considered redundant. The entry of “spectacle lenses” should be used in lieu
of this unacceptable deleted entry.
009 Spectacle temples
Spectacle frames are generally
supported by the bridge, which rests on the nose, and by the temples placed
over the ears.
044 Speech and hearing therapy
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
007 Speed governors for machines, engines and motors
Speed governors for machines, engines and motors is included in the Nice
Alphabetical List in Class 7. Class 7 generally includes parts of motors and
engines.
044 Sperm banks
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
010 Sphygmotensiometers
Sphygmotensiometers are
instruments for measuring blood pressure.
016 Spiral notebooks
SPIRAL is a registered trademark
for coil-bound notebooks and cannot be used as a generic term in an
identification of goods.
040 Spirits distillery services
On 01-17-2013, this
note was added to make clear that this distillery service must be done for
others to constitute a service. Distilling one's own spirits for later retail
distribution is not a service under the Trademark Act.
010 Spirometers [medical apparatus]
Spirometers are
used to measure the air capacity of the lungs.
006 Split rings of common metal for keys
On
01-01-2016, this 07-20-2004 entry was modified to add the words “Split” and
“common” to clarify the nature of the goods and to align this entry with the
entry appearing in the Alphabetical List under the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Split rings of precious metal
for keys are classified in Class 14.
020 Split rings, not of metal, for keys
On
01-01-2016, this 01-01-2015 entry was modified to add the word “Split” to
clarify the nature of the goods and to align this entry with the entry
appearing in the Alphabetical List under the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016.
003 Sponges impregnated with marine and automotive waxes and
washes
11-28-2013: Entry status changed from “A” added to “X”
example.
018 Sport bags
Note that bags that are fitted to
carry a particular item are classified with the 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.
009 Sport goggles for use in {specify sports activity}
This entry was transferred from Class 28 to Class 9 due to a
clarification of the Nice Agreement. Goggles, masks, etc. for sports purposes
are items of optical apparatus. Optical apparatus is classified in Class 9.
Therefore, goggles and masks for sports purposes are in Class 9.
018 Sports bags
If bag is specially adapted for
holding a particular sports item, that should be indicated in the ID and the
goods will be in the class of the item, usually 28.
021 Sports bottle belts for {specify sport or activity, e.g.,
running, hiking, biking, etc.}
Sports bottle belts are specially
adapted for holding sports bottles and are typically sold containing empty
sports bottles. Sports bottles sold empty are in Class 21. Therefore, sports
bottle belts are also in Class 21.
021 Sports bottle belts for {specify sport or activity, e.g.,
running, hiking, biking, etc.} also featuring storage for other items
Sports bottle belts are specially adapted for holding sports bottles and are
typically sold containing empty sports bottles. Sports bottles sold empty are
in Class 21. Therefore, sports bottle belts are also in Class 21. These belts
also feature storage for additional items, such as protein bars or gels, or
personal items, such as keys.
028 Sports equipment for boxing and martial arts, namely,
boxing gloves, mixed martial arts gloves, punching mitts, and shin guards
10-10-2013: Entry status changed from “A” added to “X” example.
028 Sports equipment for boxing and martial arts, namely,
boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors
and shin guards
10-10-2013: Entry status changed from “A” added to
“X” example.
009 Sports equipment for boxing and martial arts, namely,
protective helmets
On 03-14-2013, this 06-25-2009 entry: “Sports
equipment for boxing and martial arts, namely, protective headgear” was
amended to “Sports equipment for boxing and martial arts, namely, protective
helmets,” to avoid confusion and make clear the rationale for classification
in Class 9. Protective helmets are classified in Class 9 because helmets
function to protect the user’s head from life threatening injury, and “Helmets
(Protective) for sports” appear in the Nice Alphabetical List in Class 9.
Please note that sporting articles, such as “head guards,” are classified in
Class 28 because of their primary function as sports padding against
non-life-threatening injury by dispersing impact, similar to “Elbow guards
[sports articles]” and “Knee guards [sports articles],” which appear in the
Nice Alphabetical List in Class 28. 01-01-2016: “Head guards for sports” and
“Mouth guards for sports” were added to the Nice Alphabetical List in Class 9
under the Nice Classification, Tenth edition, version 2016, effective
01-01-2016. Under Nice 10-2016, mouth guards for sports and head guards for
sports are classified in Class 9 because they protect against serious injury
and are analogous to the wording “life-saving apparatus and instruments” in
the Class 9 Heading.
028 Sports training apparatus for {specify use, e.g.,
improving football security, increasing baseball pitching speeds, etc.}
On 02-28-2013, the 05-10-12 entry was deleted because it is overbroad and
includes computer hardware and software-based goods in Class 9 and sports
articles in Class 28. General descriptions of sports training devices are
indefinite and must provide sufficient information about the function and/or
purpose of the goods to support classification in Class 9 as electronic or
computer software-based training apparatus or Class 28 as sports articles.
041 Sports training services in the field of {specify
particular sport, e.g., baseball, soccer, basketball, etc.}
Sports
training services is acceptable wording in Class 41; further specification of
the type of sport is acceptable, but it is not required.
018 Sportsman's hunting bags
Note that bags that are
fitted to carry a particular item are classified with the 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.
011 Spouts for affixing on walls for baths, basins, bidets
Modified previously somewhat confusing wording
010 Sprayers for cleaning gums and teeth used in dentists'
offices during dental procedures
2-19-09 “used in dentists' offices
during dental procedures” added to the ID to establish this as medical
apparatus and not tooth cleaning apparatus used at home in Class 21.
030 Spreads consisting primarily of emulsified biscuits or
cookies
On 03-14-2013, this 04-26-2012 entry was modified by
inserting “primarily” to make clear the nature of the goods and the
justification for classification.
028 Spring riders
Spring riders are outdoor toys
consisting of a metal spring beneath a wooden or plastic central beam or
flange with one to four seats above it and are commonly seen at children’s
playgrounds.
012 Sprinkling trucks
These goods are primarily in
the nature of vehicles also featuring water sprinklers for highway railing
washing, dampening highways to reduce dust, and other related activities.
030 Spumoni
Spumoni is molded Italian ice cream made
with layers of different colors and flavors, usually containing candied fruits
and nuts.
006 Stabilized aluminum foam
Stabilized aluminum foam
is a metal substance manufactured by introduction of air or other gas into
aluminum composites.
009 Stabilizers for PC tablets with protective cases
The protective cases referenced in this entry are protective cases for the
smartphones. The stabilizers do not have protective cases.
009 Stabilizers for smartphones with protective cases
The protective cases referenced in this entry are protective cases for the
smartphones. The stabilizers do not have protective cases.
019 Stained glass door lites
Stained glass door lites
are decorative stained glass inserts for installation into doors in the nature
of stained glass panes for use in doors.
006 Stained glass door lites sold as components of metal
doors
Stained glass door lites sold as components of metal doors are
decorative stained glass inserts, in the nature of stained glass door panes,
that have been installed into metal doors as a component feature.
019 Stained glass door lites sold as components of non-metal
doors
Stained glass door lites sold as components of non-metal doors
are decorative stained glass inserts, in the nature of stained glass door
panes, that have been installed into non-metal doors as a component
feature.
019 Stair nosing not of metal [building materials]
On
05-30-2013, this 02-18-2010 entry was modified by deleting “Building
materials, namely” and inserting “[building materials]”. Stair nosing is a
building material that fits over the edge of a stair and covers a portion of a
stair tread to enhance traction on the stair tread and decrease risk for slip
and fall accidents.
006 Stair nosing of metal [building materials]
On
05-30-2013, this 02-18-2010 entry was modified by deleting “Building
materials, namely” and inserting “[building materials]”. Stair nosing is a
building material that fits over the edge of a stair and covers a portion of a
stair tread to enhance traction on the stair tread and decrease risk for slip
and fall accidents.
019 Stair treads not of metal
Corresponding entry for
stair treads not of metal entered in 6.
019 Staircases
On 12-13-12, this entry of 04-02-1991
was deleted because it does not specify the material composition of the
staircases. Metal staircases are in Class 6, staircases not of metal are in
Class 19, and non-metal portable staircases [not for building purposes] are in
Class 20.
028 Stand alone video gaming machines, namely, a video craps
game machine
1-1-2012 this entry of 8-24-2006 was transferred from
Class 9 in accordance with 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
011 Standard lamps
A standard lamp is an electric
light supported by a tall vertical pole. This term is more common in British
English, while the term floor lamp is more common in American English.
041 Standardized testing
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 and other
skill and knowledge testing services were transferred to Class 41 as a result
of the restructuring.
009 Stands adapted for stereos and audio speakers
On
04-10-2014, this 08-21-2008 entry was amended to delete the word “specially”
before the word “adapted” to make it consistent with other goods adapted for
audio speakers in Class 9.
028 Stands for electronic game playing apparatus, namely,
{indicate specific items, e.g., video game consoles, hand-held video game
units, etc.}
On 10-09-2014, the 04-24-2014 entry was modified by
deleting “gaming” and inserting “game playing” to make clear that “gaming” in
this context refers to recreational computer game playing, and not
gambling.
009 Stands for handheld digital electronic devices, namely,
{indicate specific device, e.g., cell phones, MP3 players, personal digital
assistants, etc.} [excluding gaming apparatus]
On 12-06-2012, this
12-24-2009 entry “Stands for handheld digital electronic devices” was amended
to justify classification in Class 9. Since these goods are specially adapted
for use with a particular electronic device, classification of the electronic
device controls classification of the stands. As previously written, the ID
would include stands for gaming devices in Class 28 since all game apparatus
are in Class 28 because “games and playthings” are in the Class Heading under
the 10th Edition. Thus, the ID should indicate the specific electronic device
for proper classification.
009 Stands for personal digital electronic devices, namely,
{indicate specific device, e.g., cell phones, MP3 players, personal digital
assistants, etc.} [excluding gaming apparatus]
On 12-06-2012, this
12-24-2009 entry “Stands for personal digital electronic devices” was amended
to justify classification in Class 9. Since these goods are specially adapted
for use with a particular electronic device, classification of the electronic
device controls classification of the stands. As previously written, the ID
would include stands for gaming devices in Class 28 since all game apparatus
are in Class 28 because “games and playthings” are in the Class Heading under
the 10th Edition. Thus, the ID should indicate the specific electronic device
for proper classification.
012 Stands for scooters
06-04-2015: Stands for
scooters are in the nature of kickstands.
028 Stand-up paddleboards
On 01-01-2016, this
04-19-2012 entry was modified to replace “paddle boards” with “paddleboards”
in order to align the spelling of the term with other Manual entries.
028 Stand-up paddleboard carrying straps sold as a unit with
the paddleboard
On 09-20-2012, the 04-14-2011 entry was amended by
inserting “sold as a unit with the paddle board” to make explicit the
rationale for classifying the goods in Class 28. 01-01-2016: On 01-01-2016,
this 09-20-2012 entry was modified to replace “paddle board” with
“paddleboard” in order to align the spelling of the term with other Manual
entries.
016 Staples for offices
Staples is acceptable
wording; further specification is also acceptable, but it is not required.
001 Starch paste [adhesive], other than for stationery or
household purposes
On 03-28-2013, this 07-20-2004 entry was modified
by deleting “[not for stationery or household purposes]” and inserting
“[adhesive], other than for stationery or household purposes” to conform with
the Nice Alphabetical List. “Starch paste [adhesive] for stationery or
household purposes” is in Class 16.
031 Starch pulp [animal feed]
On 10-15-2015, this
07-20-2004 entry was deleted because it is indefinite and does not clearly
indicate the nature of the goods. The Manual includes an entry for “Animal
feed” in Class 31.
040 Stationery printing services
These services were
transferred to Class 40 due to the restructuring of Class 42 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.
021 Statues of {indicate china, crystal, ceramic, earthenware,
glass, terra cotta, porcelain}
Terra cotta was deleted from the list
of materials but has been reinserted because it is a Class 21 composition in
the Nice Agreement. On 12-06-12, the 11-01-2005 entry was amended by inserting
“ceramic” into the bracketed wording consistent with the Nice Alphabetical
List entry covering statues in Class 21.
014 Statues primarily of precious metal and also including
glass
Statues primarily of precious metal and also including glass
are classified in Class 14 because the primary composition is precious metal.
According to the Nice General Remarks, “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.” TMEP §1401.02(a).
021 Statues primarily of glass and also including precious
metal
Statues primarily of glass and also including precious metal
are classified in Class 21 because the primary composition is glass.
According to the Nice General Remarks, “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.” TMEP §1401.02(a).
021 Statuettes of {indicate china, crystal, earthenware,
glass, terra cotta, porcelain}
Terra cotta was deleted from the list
of materials but has been reinserted because it is a Class 21 figure
composition in the Nice Agreement.
020 Staves of wood
Staves are the sides of a cask,
barrel, or similar vessel.
007 Steam engine boilers
These goods are in the Nice
Alphabetical List in Class 7. The function of the boiler is to create steam to
run the engine. The steam engine boiler is an integral component of the steam
engine.
011 Steam valves
Class 11 includes valves for
plumbing and heating and cooling installations regardless of material
composition. If not for these purposes, note that manually operated metal
valves are in Class 6; valves being machine parts and engine valves 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
operated valves are in Class 20.
030 Steamed buns stuffed primarily with minced meat,
vegetables and also including {indicate specific food ingredients, e.g., rice,
grains, etc.}
08-01-2013: Acceptable entry status changed from “A”
added to “X” example. Indication of additional stuffing items may be included
but is not necessary.
007 Steamrollers
Steamrollers are steam-powered
machines with heavy rollers for compressing road surfaces during
road-making
006 Steel rebars, rods, and mesh used for strengthening and
reinforcing concrete structures
Metal reinforcing materials for
concrete is acceptable wording; further specification is acceptable, but it is
not required. Rebars are steel rods with ridges used to reinforce
concrete.
012 Steering and suspension systems and parts for steering and
suspension systems for vehicles, namely, upper ball joints, lower ball joints,
ball joints with control arms, bushing kits, inner tie rod ends, outer tie rod
ends, sleeves, idler arms, center links, stabilizer kits, inner sockets and
pitman arms
07-04-2013: Status changed from “A” - Added to “X” -
example.
012 Steering units for land vehicles and parts thereof
Note that parts of all motors and engines such as camshafts, cylinders,
cylinder pistons and other parts essential to the working of motors and
engines such as alternators, belts and carburetors are in Class 7.
007 Stem crushing machines
These goods are used when
processing agricultural products such as cotton and grapes.
021 Stencils for applying make-up
On 07-19-12, the
02-20-1996 entry was deleted because the wording “Stencils for applying...” is
unclear. Make-up stencils are not applicators; they are pre-cut designs or
templates placed on the skin so that make-up can be applied (directly or using
a brush or implement) to the skin in the shape of the template. Stencils are
in Class 16.
020 Step stools
11-12-09 - the 6-1-01 entry has been
deleted because step stools are classified by whether they are metal or
non-metal.
009 Stetoclip hearing aid listeners
Stetoclip hearing
aid listeners, also called stetoclips, are for use by hearing persons to test
that a hearing aid is working properly and to monitor its sound quality.
021 Stirring rods of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
018 Stirrups
This is horse tack. This entry was added
as a result of changes that were implemented in the 9th edition of the Nice
Agreement.
018 Stirrups of metal
This entry was transferred from
Class 6 to Class 18 due to the restructuring that was implemented in the 9th
edition of the Nice Agreement.
036 Stock brokerage services
On 5-16-2013, this entry
of 4-2-1991 was amended to add the term “services” to match a Trilateral
approved identification.
045 Stock photography services, namely, leasing reproduction
rights of {specify e.g., photographs, transparencies, digital content, etc.}
to others
This entry covers the legal service of leasing the
reproduction rights.
045 Stock photography services, namely, leasing reproduction
rights of photographs, transparencies and digital content to others [legal
services]
On 01-31-2013, the 03-18-2010 entry was modified by
inserting the bracketed wording. This entry covers the legal service of
leasing the reproduction rights. It does not cover the entertainment service
of producing the videos for which the reproduction rights might be leased in
the future.
045 Stock photography services, namely, leasing reproduction
rights of photographs and transparencies to others [legal services]
Transferred from Class 42 pursuant to changes in the 9th Edition of the Nice
Agreement.
045 Stock video services, namely, leasing reproduction rights
of videos to others [legal services]
This entry covers the legal
service of leasing the reproduction rights. It does not cover the
entertainment service of producing the videos for which the reproduction
rights might be leased in the future.
045 Stock videography services, namely, leasing reproduction
rights of {specify, e.g., videos, video clips, films, etc.} to others
This entry covers the legal service of leasing the reproduction rights.
025 Stockings [sweat-absorbent]
On 11-26-2015, this
07-04-2004 entry was deleted because the words within the brackets needed to
be made a part of the ID.
045 Stolen vehicle recovery services
08-09-2012:
These services are in Class 45 because they are considered “security services
for the protection of property,” see the Class 45 Heading.
045 Stolen vehicle tracking
08-09-2012: These
services are in Class 45 because they are considered “security services for
the protection of property,” see the Class 45 Heading.
003 Stone polishers
This item is similar to polishing
stones - they are abrasives so they are in Class 3.
020 Stone pulls
1-1-2012-- This entry of 7-28-2011
was transferred from Class 19 to Class 20 in accordance with the 10th Edition
of the Nice Agreement. Because these goods are similar to knobs, metal pulls
are in Class 6, precious metal pulls are in Class 14 and non-metal pulls are
in Class 20.
020 Stone pulls for cabinets, drawers and furniture
02-12-09 “Stone handles and pulls for cabinets, drawers and furniture” was
added to the Manual; 09-30-2010 Deleted the wording “handles and” from the ID
because, unlike knobs (and by analogy, pulls), handles are not classified
according to material composition under the Nice Agreement. 1-1-2012-- This
entry of 9-30-2010 was transferred from Class 19 to Class 20 in accordance
with the 10th Edition of the Nice Agreement. Because these goods are similar
to knobs, metal pulls are in Class 6, precious metal pulls are in Class 14 and
non-metal pulls are in Class 20.
002 Stone sealer coatings
6-17-10 - The 5-1-06 entry
“stone sealers” was changed to “stone sealer coatings” to avoid confusion with
chemical stone sealers that penetrate the surface of the stone and are not
just coating it to provide a seal.
019 Stone veneers [building materials]
Stone veneer
is used as a protective and decorative covering for exterior or interior
horizontal walls and surfaces.
022 Storage (Trunks for)
All trunks are classified in
Class 18 since they are primarily used as luggage for travel purposes.
020 Storage racks
This refers to general purpose
storage racks - they are not specially adapted for holding particular goods.
Storage racks adapted for particular goods are in the classes of the goods
held, e.g., CD storage racks in Class 9, storage racks for athletic equipment
in Class 28.
028 Storage racks for physical fitness equipment, namely,
{specify type of Class 28 physical fitness equipment, e.g., sport balls,
dumbbells, exercise weights, kettle bells, etc.}
This entry covers
storage racks that are specially adapted for physical fitness equipment that
is classified in Class 28, such as sport balls, dumbbells, exercise weights,
and kettle bells. Certain goods used in connection with sports are classified
in classes other than Class 28, such as sports goggles and sports helmets in
Class 9 and athletic uniforms in Class 25. Storage racks specially adapted for
goods in classes other than 28 are generally classified according to the goods
specified. However, storage racks in the nature of furniture (not specially
adapted for other goods) are in Class 20.
028 Storage racks for ski and sports equipment
Transferred from 20 to 28 - all other racks for sports equipment are in 28.
This excludes gun racks which are classified in the Nice Agreement in Class
20.
018 Straps for carrying {indicate goods, e.g., sleeping bags,
books, etc.}
Straps are generally classified according to the
function or purpose of the goods. In this case, straps for carrying other
goods have a function comparable to carrying bags, and therefore these straps
are classified in Class 18. Straps for securing items and general purpose
straps are classified in Classes 6, 18, or 22 depending on the material
composition of the goods. Straps with functions that are not covered by the
Class Headings are also classified in Classes 6, 18, or 22 according to
material composition.
022 Straps for handling loads
11-3-2011: Deleted the
04-02-1991 entry because it is overbroad and includes “Straps of metal for
handling loads” in Class 6 and “Straps, not of metal, for handling loads” in
Class 22.
020 Straw mattresses
Mattresses is acceptable
wording; further specification is also acceptable, but it is not required.
020 Straw plaits
These goods are straw braids for
various applications, including for plaiting into mattresses and baskets.
001 Straw pulp
Straw pulp is used as a substitute for
wood pulp for manufacturing paper. Paper pulp and wood pulp are in the Nice
Alphabetical List in Class 1, and by analogy, straw pulp is also in Class
1.
038 Streaming of audio and video tethered downloads
Streaming services are telecommunications services which involve the
continuous transfer of data. Streaming services are classified in Class 38
based on the nature of the activity, and not according to the subject matter
of the material being transmitted. For information about identifying and
classifying telecommunications services, see TMEP §1402.11(a)(iii). Tethered
downloads are computer files that feature conditions or limitations as to the
use of the files, such as restrictions in the ability to copy the files or
requirements for periodic payments to use the files.
010 Stretcher straps
Stretcher straps are straps that
are used to secure patients to, or immobilize patients on, stretchers, back
boards or transfer boards.
015 String instruments, namely, {indicate specific
instruments}
10-03-2013: Entry status changed from “A” added to “X”
example. “String instruments” is acceptable in Class 15. While the specific
types of instruments may be indicated, it is not required.
009 Stroboscopes
Stroboscopes are scientific
instruments that provide a flashing light synchronized with the periodic
movement of an object.
007 Stropping machines
Stropping machines are
power-operated devices for stropping objects, which involves sharpening using
pieces of leather or rope.
012 Structural parts for vans
Note that parts of all
motors and engines such as camshafts, cylinders, cylinder pistons and other
parts essential to the working of motors and engines such as alternators,
belts and carburetors are in Class 7.
012 Structural parts for trucks
Note that parts of
all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts for motorcycles
Note that parts
of all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts for helicopters
Note that parts
of all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts for gliders
Note that parts of
all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts for buses
Note that parts of all
motors and engines such as camshafts, cylinders, cylinder pistons and other
parts essential to the working of motors and engines such as alternators,
belts and carburetors are in Class 7.
012 Structural parts for boats
Note that parts of all
motors and engines such as camshafts, cylinders, cylinder pistons and other
parts essential to the working of motors and engines such as alternators,
belts and carburetors are in Class 7.
012 Structural parts for automobiles
Note that parts
of all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts for airplanes
Note that parts of
all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts for ambulances
Note that parts
of all motors and engines such as camshafts, cylinders, cylinder pistons and
other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
012 Structural parts of aircraft, namely, nacelles comprised
of an inlet cowl, fan cowls, pylon/strut, exhaust nozzle, and exhaust cone
9-10-09 - “Thrust reversers” deleted from 7-31-08 entry. Thrust reversers
are engine parts and are in Class 7.
044 Stud and breeding services for {indicate specific animal,
e.g. horses, cattle}
This entry was transferred from Class 42 to
Class 44 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement.
026 Stud buttons
Stud buttons, also known as “snap
fasteners,” are round discs consisting of the button on the front and the stud
on the underside.
044 Stud services for {indicate type of animal, e.g. cattle,
horses}
This entry was transferred from Class 42 to Class 44 due to
the restructuring of Class 42 that was implemented in the 8th edition of the
Nice Agreement.
017 Stuffing composed of rubber for {indicate goods e.g.,
mattresses, furniture, changing pads, etc.}
Stuffing of rubber is
acceptable wording; further specification is acceptable, but it is not
required.
017 Stuffing composed of polyethylene for {indicate goods
e.g., mattresses, furniture, changing pads, etc.}
Stuffing of
polyethylene is acceptable wording; further specification is acceptable, but
it is not required.
017 Stuffing composed of plastic for {indicate goods e.g.,
mattresses, furniture, changing pads, etc.}
Stuffing of plastic is
acceptable wording; further specification is acceptable, but it is not
required.
022 Stuffing not of rubber, plastic, or paper for {indicate,
e.g., pillows, duvets, etc.}
On 08-01-2013, this 10-27-2011 entry was
amended from “Stuffing, not of rubber or plastic, for {indicate, e.g.,
pillows, duvets, etc.}” to also exclude “paper.” Padding and stuffing
materials are classified by material composition, e.g., of paper in Class 16,
of plastics and rubber in Class 17, and not of paper, plastic or rubber in
Class 22.
022 Stuffing not of rubber, plastic, or paper
On
08-01-2013, this 10-27-2011 entry was amended from “Stuffing, not of rubber or
plastic” to also exclude “paper.” Padding and stuffing materials are
classified by material composition, e.g., of paper in Class 16, of plastics
and rubber in Class 17, and not of paper, plastic or rubber in Class 22.
003 Styling gels for {indicate, e.g., curly hair, enhancing
hair curls, etc.}
Hair styling gel is acceptable wording in Class 3;
further specification of its particular purpose is also acceptable, but it is
not required.
003 Styling sprays for {indicate, e.g., curly hair, enhancing
hair curls, etc.}
Hair styling spray is acceptable wording in Class
3; further specification of its particular purpose is also acceptable, but it
is not required.
010 Subcutaneous valves comprised of artificial materials for
implantation
On 01-01-2015, this 07-20-2004 entry for “subcutaneous
valves for implantation” was amended to include the material composition of
the valves to make clear the rationale for classifying in Class 10, and in
compliance with the Nice Classification, Tenth edition, version 2015,
effective 01-01-2015. Note that “implants comprised of living tissue” is
classified in Class 5.
035 Subscription-based order fulfillment services in the field
of {indicate type of goods ordered by the subscriber, e.g., food, wine, toys,
etc.}
Order fulfillment services is acceptable wording in Class 35;
further specification is acceptable, but it is not required.
009 Subwoofers for vehicles
On 9-13-2012, the
7-26-2007 entry “Audio equipment for vehicles, namely, subwoofers” was amended
to “Subwoofers for vehicles.”
029 Suet for culinary purposes
Suet is a hard fat
around an animal’s kidneys that is used in cooking.
021 Sugar bowls of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
008 Sugar scoops
On 03-05-2015, this 07-20-2004 entry
was deleted because it is overbroad and includes bulk sugar scoops (for
transferring unspecified amounts of sugar from a bag to a container, for
example) in Class 8 and sugar scoops being tableware in Class 21. This wording
is no longer acceptable under USPTO policy.
030 Sugared nuts
On 01-01-2016, this 07-29-2010 entry
was deleted in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. “Sugared nuts” is indefinite and overly broad
under Nice 10-2016; it is unclear if sugared nuts are merely dusted or
flavored with sugar and thus classified in Class 29 as a prepared nut or if
the goods are a type of candy appropriate to Class 30 due to the wording
“confectionery” in the Alphabetical List and Class Heading. “Candied nuts”
and “Flavored nuts” were added to the Nice Alphabetical List in Class 29 under
Nice 10-2016, by analogy to “nuts, prepared,” which appears in the
Alphabetical List in Class 29. The ID Manual includes a fill-in entry for
“Prepared nuts flavored with {specify, e.g., cocoa, sugar, cinnamon, etc.}” in
Class 29 and an entry for “Candy” in Class 30.
030 Sugar-coated almonds
On 01-01-2016, this
04-26-2007 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. “Candied nuts” and “Flavored
nuts” were added to the Nice Alphabetical List in Class 29 under Nice 10-2016,
by analogy to “nuts, prepared,” which appears in the Alphabetical List in
Class 29. “Sugar-coated almonds” is indefinite and overly broad under Nice
10-2016; it is unclear if the goods are in the nature of Class 29 flavored
nuts or if the goods are a type of candy appropriate to Class 30 based on the
wording “confectionery” in the Alphabetical List and Class Heading. The ID
Manual includes a fill-in entry for “Prepared nuts flavored with {specify,
e.g., cocoa, sugar, cinnamon, etc.}” in Class 29 and an entry for “Candy” in
Class 30.
003 Sun care lotions
These refer to non-medicated
lotions. Medicated lotions are in Class 5.
003 Sun creams
These refer to non-medicated creams.
Medicated creams are in Class 5.
025 Sun protective clothing, namely, {indicate specific items,
e.g., shirts, pants, etc.}
Sun protective clothing is clothing that
is specifically designed to protect the skin from sun exposure, and is made
from fabric that protects from ultraviolet or UV exposure. It is not the same
as protective clothing, in Class 9, which is life-preserving and protects from
potentially life-threatening injuries to the body, such as from fire,
accidents and irradiation (such as bullet-resistant vests).
025 Sun visors [headwear]
On 12-06-2012, the
04-02-1991 entry was amended by inserting the bracketed wording to make clear
the nature of the goods and the justification for classifying them in Class
25
003 Sun-tanning oils and lotions
These refer to
non-medicated lotions. Medicated lotions are in Class 5.
043 Supplying meals to the homeless or underprivileged
This entry was transferred from Class 42 to Class 43 due to the
restructuring of Class 42 that was implemented in the 8th edition of the Nice
Agreement.
039 Supplying thermal energy [distribution]
This
entry covers the service of transporting thermal energy via pipeline, for
example, or via other appropriate means.
010 Support belts for use during pregnancy for medical
purposes
10-10-2013: Entry status changed from “A” added to “X”
example.
025 Surf wear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
001 Surface and textile protectant in the nature of a spray-on
polymer for providing antimicrobial protection for porous and non-porous
surfaces
On 03-28-2013, the 10-08-2009 entry was deleted because the
nature of the goods and the rationale for classifying them in Class 1 is
unclear. Specifically, it is unclear whether the goods are primarily in the
nature of unprocessed plastics for industrial use in Class 1, or whether the
goods are antimicrobial preparations in Class 5.
045 Surfboard registration, namely, assignment of surfboard
identification numbers to deter theft
On 08-29-2013, this 02-12-2009
entry was deleted because it is indefinite and overbroad. It is unclear
whether the primary activity involves “Maintaining a registry of surfboard
identification numbers” in Class 35, or whether the primary activity is a
specific type of theft protection service in Class 45. Additionally, nearly
identical wording appears in Class 35, which has caused confusion.
028 Surfboard storage rack
Transferred from Class 20
since this rack is specially designed to hold sports equipment.
005 Surgical glues
On 08-09-2012, this 06-01-2001
entry was transferred from Class 10 to Class 5 because it is in the nature of
a medical preparation (not an apparatus or instrument), because “preparations
for medical purposes” is in the Class 5 Explanatory Note, and because the
goods are comparable to “Bone cement for surgical and orthopedic
purposes.”
010 Surgical headlamps
Surgical headlamps are
classified in Class 10 because the function of the goods is comparable to
Mirrors for surgeons, which is in the Nice Alphabetical List in Class 10.
010 Surgical headlights
Surgical headlights are
classified in Class 10 because the function of the goods is comparable to
Mirrors for surgeons, which is in the Nice Alphabetical List in Class 10.
010 Surgical implants
Surgical implants are in Class
10 if they are artificial. Surgical implants composed living tissue are in
Class 5. Since this entry did not specify which kind of implant, it was
deleted.
010 Surgical implants comprising artificial material and
associated surgical instrument sets
These implants consist of
non-living substances. Implants comprising living tissue are in Class 5.
010 Surgical implants comprising artificial material
These implants consist of non-living substances. Implants comprising living
tissue are in Class 5.
005 Surgical implants comprising living tissue
Implants consisting of artificial or synthetic materials are in Class 10
010 Surgical mesh comprised primarily of artificial
materials
On 09-19-2013, this 09-02-2010 ID was amended from
“Surgical mesh” to “Surgical mesh comprised primarily of artificial
materials.” “Surgical mesh comprised primarily of living tissue” is classified
in Class 5.
005 Surgical mesh comprised primarily of living tissue
Surgical mesh comprised primarily of artificial materials is classified
in Class 10.
005 Surgical tissues
On 10-31-2013, this 11-08-2007
ID was deleted because it is indefinite. It is broad enough to include living
tissues implanted during surgery or surgical cloth for protection of the wound
edges of an incision, for example.
045 Surveillance services
8-9-2012: Surveillance, by
definition, is the close observation of a person or group, especially one
under suspicion and therefore, these services are classified in Class 45
because they are rendered for security purposes.
042 Survey design and research
On 09-12-2013 the
07-26-2007 entry was deleted because “survey” is too broad. Design and
development of tangible goods and visual displays is in Class 42, but design
of intangible goods, such as advertising, insurance policies, and educational
curriculum, are classified according to subject matter, and those services are
classified in 35, 36, and 41, respectively.
042 Surveying of oil-bearing seams
11-17-2011: While
this wording is still acceptable, the 04-02-1991 entry is being deleted from
the Manual because it is overly specific and does not serve a wide range of
Manual users. 08-29-2013: Acceptable entry status changed from “D” deleted to
“X” example.
025 Sweaters made in whole or in substantial part of {specify,
e.g., silk, wool, cashmere, cotton, etc.}
Identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
025 Sweatshirts for {specify wearer, e.g., babies, adults,
children, women, men. NOTE: Animal clothing is classified in Class 18.}
01-16-2014: Entry status changed from “A” added to “X” example.
“Sweatshirts” is acceptable wording in Class 25; the intended wearer of the
garments may be indicated, but is not required.
025 Sweat-absorbent underwear
On 01-08-2015, the
status of this entry was changed from “A”- Added to ”X” - Example. Underwear
is acceptable wording; further specification is acceptable, but it is not
required.
030 Sweet bean jam coated with sugared-bean based soft shell
(nerikiri)
On 12-20-2012, this 7-20-2004 entry was amended to replace
the brackets with parentheses.
030 Sweet rice with nuts and jujubes (yaksik)
On
9-6-2012, this 8-9-2012 entry was amended to replace the brackets with
parentheses.
029 Sweetfish, not live
On 1-31-2013, the 7-20-2004
entry “Sweetfish [not live]” was modified to incorporate the bracketed wording
into the identification. Live sweetfish are classified in Class 31.
009 Swim goggles
This entry was transferred from
Class 28 to Class 9 due to a clarification of the Nice Agreement. Goggles,
masks, etc. for sports purposes are items of optical apparatus. Optical
apparatus is classified in Class 9. Therefore, goggles and masks for sports
purposes are in Class 9.
009 Swim masks
This entry was transferred from Class
28 to Class 9 due to a clarification of the Nice Agreement. Goggles, masks,
etc. for sports purposes are items of optical apparatus. Optical apparatus is
classified in Class 9. Therefore, goggles and masks for sports purposes are in
Class 9.
025 Swim wear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
028 Swimming belts
1-1-2012 These goods are in the
Nice Alphabetical List in Class 28, under the Tenth Edition of the Nice
Agreement. These goods are considered swimming equipment that is used for
training purposes or that has a purpose other than that of life or body
protection.
028 Swimming floats
“Floats for bathing and swimming”
is included in the Nice Alphabetical List in Class 28. These goods are
swimming equipment that is used for training purposes or that has a purpose
other than that of life or body protection. “Swim floats for safety purposes”
are classified in Class 9 because they have a specific safety function and are
used for life or body protection.
028 Swimming jackets
1-1-2012 These goods are in the
Nice Alphabetical List in Class 28, under the Tenth Edition of the Nice
Agreement. These goods are considered swimming equipment that is used for
training purposes or that has a purpose other than that of life or body
protection.
011 Swimming pool chlorinating apparatus
On
10-02-2014, the 04-02-1991 entry was modified by replacing “units” with
“apparatus” to clarify the nature of the goods and to align the Manual entry
with the Nice Alphabetical List entry.
028 Swimming rings
Swimming rings are inflatable
rings worn around the waist to keep people afloat when they are learning to
swim. These goods are considered swimming equipment that is used for training
purposes or that has a purpose other than that of life or body protection.
025 Swimwear
“Wear” terms such as this one have been
accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
032 Switchel
Switchel is a non-alcoholic drink
comprised of water and vinegar that is commonly sweetened with ginger. It may
also contain honey, maple syrup, sugar and/or lemon juice.
016 Syndicated columns dealing with {indicate subject matter,
e.g., opinion, editorial, advice}
The requirement to indicate the
type of publication in which the column appeared was deleted from this entry.
Such a specification is not necessary and is not required in other similar
entries in the Manual.
022 Synthetic fibers [for textile use]
These fibers
are not those used in brush-making - fibers used in making brushes are in
21.
021 Synthetic fibers for the manufacture of brushes, namely,
toothbrushes, hair brushes and cleaning brushes
All brush-making
materials are in 21.
004 Synthetic lubricating oils
Lubricating oils is
acceptable wording; further specification is acceptable but is not
required.
005 Synthetic peptides for the treatment of {indicate specific
disease or condition}
9/25/08 - {indicate specific disease or
condition}was added to the language of the identification. Because of this
addition, its previous “T” notation was deleted.
001 Synthetic polymer modified resin compound for use in
cementitious repairs
06-13-2013. These goods are classified in Class
1, because cement preservatives, except paints and oils, are classified in
Class 1. These goods are finished products and are not in the nature of
unprocessed resins used for further manufacture. Thus, unlike an
identification for “synthetic resins” which must include an indication that
the goods are “unprocessed” for classification in Class 1, it is not necessary
to indicate that the goods in this entry are “unprocessed.”
001 Synthetic resins
On 06-13-2013, this 11-08-2007
entry was deleted because it is broad enough to encompass goods in Class 17.
Unprocessed synthetic resins and unprocessed artificial resins appear in the
Nice Alphabetical List in Class 1. Semi-processed resins are classified in
Class 17. The identification should indicate whether the synthetic resins are
unprocessed or semi-processed for classification purposes.
001 Synthetic resins that are used to repair and fill holes
and cracks, adhere to surrounding materials and seal surfaces for use in harsh
environments
06-13-2013. Please note that the resins in this entry
are finished products and are not in the nature of unprocessed resins used for
further manufacture. Thus, unlike an identification for “synthetic resins”
which must include an indication that the goods are “unprocessed” for
classification in Class 1, it is not necessary to indicate that the goods in
this entry are “unprocessed.”
010 Syringes for medical purposes and for injections
These goods are sold without pharmaceuticals in them. If they are sold filled
with pharmaceuticals, the pharmaceutical must be properly identified and the
goods are in Class 5.
030 Syrup for flavoring food or beverages
On
01-01-2015, this 04-02-1991 entry was amended from “Flavoring syrup” to “Syrup
for flavoring food or beverages” in compliance with the Nice Classification,
Tenth edition, version 2015, effective 01-01-2015.
032 Syrup substitutes for making beverages
The syrups
in this entry are limited to those used to make beverages that are in Class
32, e.g., soft drinks, fruit juices. Syrups to make beverages in other classes
are in the class of those beverages, e.g., syrups for making teas in Class 30
and syrups for making meal replacement drinks in Class 5, unless the syrup
itself is in another class, e.g., chocolate syrup for making chocolate milk is
in Class 30 because chocolate syrup is in Class 30 even though chocolate milk
is in 29.
032 Syrups for beverages
8-9-07 The syrups in this
entry are limited to those used to make beverages that are in Class 32, e.g.,
soft drinks, fruit juices. Syrups to make beverages in other classes are in
the class of those beverages, e.g., syrups for making teas in Class 30 and
syrups for making meal replacement drinks in Class 5, unless the syrup itself
is in another class, e.g., chocolate syrup for making chocolate milk is in 30
because chocolate syrup is in 30 even though chocolate milk is in 29.
032 Syrups for making {indicate specific type of beverage,
e.g., fruit drinks}
This was deleted because, in some applications,
beverages indicated in the free text area were beverages that are not in Class
32, e.g., tea in Class 30, meal replacement drinks in Class 5.
032 Syrups for making beverages
8-9-07 The syrups in
this entry are limited to those used to make beverages that are in Class 32,
e.g., soft drinks, fruit juices. Syrups to make beverages in other classes are
in the class of those beverages, e.g., syrups for making teas in Class 30 and
syrups for making meal replacement drinks in Class 5, unless the syrup itself
is in another class, e.g., chocolate syrup for making chocolate milk is in 30
because chocolate syrup is in 30 even though chocolate milk is in 29.
005 Syrups for making meal replacement drinks
On
1-1-2012, the 12-23-2010 entry was deleted. It is no longer acceptable because
it is too broad. Syrups for making beverages are classified in the same class
as the beverages being made, and “beverages” is too broad for classification.
Applicants must specify the type of beverages being made and classify the
syrups accordingly.
012 T bars for ski lifts
These goods are in Class 12
because their primary purpose is transportation.
025 Tabards
05-21-2015: A tabard is a short
loose-fitting sleeveless or short coat or cape.
024 Table mats of precious metal
This entry was
transferred from Class 14 to Class 24 pursuant to the 9th edition of the Nice
Agreement.
020 Tablecloth weights not of metal
11-10-2011: The
primary purpose of these weights is to keep the tablecloth in place. The
function and purpose of the goods is not covered in the Class Headings,
Explanatory Notes, or Alphabetical List. Therefore, these goods are classified
according to material composition.
006 Tablecloth weights of metal
11-10-2011: The
primary purpose of these weights is to keep the tablecloth in place. The
function and purpose of the goods is not covered in the Class Headings,
Explanatory Notes, or Alphabetical List. Therefore, these goods are classified
according to material composition.
028 Tabletop units for playing electronic games other than in
conjunction with a television or computer
This game unit is not for
gambling purposes - it is an amusement game.
028 Tabletop units for playing electronic games other than in
conjunction with a television or computer, namely, an electronic craps
game
8-24-2006 This game unit is specifically for gambling purposes,
therefore, it is in Class 9 with other electronic gambling machines and not
Class 28 with amusement game equipment. 1-1-2012 This entry of 8-24-2006 was
transferred from Class 9 in accordance with 10th Edition of Nice Agreement.
Under the 10th Edition, all game apparatus are in Class 28 because “Games and
playthings” are in the Class 28 Heading.
020 Tackboards
3-4-10 - the 8-1-04 entry was
transferred from Class 16. A tack board is a form of bulletin board and
bulletin boards are in Class 20.
024 Taffeta
06-04-2015: Taffeta is a stiff, shiny
type of cloth that is used especially to make dresses.
029 Tahini
On 01-24-13, this 04-02-1991 entry was
deleted because it is a duplicate of “Tahini [sesame seed paste]” and because
including both entries in the Manual may cause confusion.
029 Tahini [sesame seed paste]
On 01-24-2013, this
09-06-2012 entry was transferred from Class 30 to Class 29 to comply with the
Nice Alphabetical List.
025 Tailleurs
05-21-2015: A tailleur is a woman’s
suit that has been tailor-made.
030 Taiyaki (filled Japanese cakes)
On 9-6-2012, this
3-3-2011 entry was amended to replace the brackets with parentheses.
035 Take-out bakery services
09-01-2011: Deleted the
10-04-2007 entry because it is covered by “Retail bakery shops” in Class 35,
and it caused confusion with “Take-out restaurant services” in Class 43.
043 Take-out restaurant services
This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
035 Talent agency services [business management of performing
artists]
On 06-07-2012, the 01-28-2010 entry was amended by inserting
the bracketed wording to make clear the nature of the services.
025 Tangas
TANGA is a registered trademark for
women's swimsuits and cannot be used as a generic term in an identification of
goods or services.
021 Tankards of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
025 Tankinis
05-21-2015: A tankini is a two-piece
bathing suit having a top styled like a tank top.
011 Tanning booths
Tanning booths are devices used
for tanning while standing rather than lying down.
044 Tanning salons
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
006 Tantalum alloys
8-19-10 - indefinite language of
7-20-04 trilateral entry was changed from “tantalum and its alloys” to
“tantalum alloys.” A separate entry for “tantalum” is in Class 6.
025 Tap pants
05-21-2015: Tap pants are loose-fitting
women’s undergarments of a style similar to shorts formerly worn for tap
dancing.
037 Tapestry repair services by weaving for others
On
09-27-2012, this 04-02-1991 entry, “Tapestry weaving for others,” was modified
to “Tapestry repair services by weaving for others” to make explicit the basis
for classification in Class 37. Textile weaving is in Class 40 as a treatment
of material service.
027 Tapestry-style wall hangings, not of textile
On
01-01-2015, this 04-02-1991 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2015, effective 01-01-2015. Under Nice
10-2015, the Alphabetical List entry “tapestry [wall hangings], not of
textiles” was deleted. “Decorative wall hangings, not of textile” appears in
the Nice Alphabetical List in Class 27.
030 Tapioca pearls
Tapioca pearls are small
pearl-like balls made primarily from tapioca starch.
043 Taproom services, namely, providing brewpub services
On 10-6-2011, this 3-3-2011 entry was deleted because it is covered by
the existing entry of “Brewpub services”
028 Target launchers for {specify type, e.g., trap, skeet,
clay pigeon} shooting
Target launchers for {specify type, e.g., trap,
skeet, clay pigeon} shooting are sporting articles in Class 28. Grenade
launchers and rocket launchers are classified as weapons in Class 13.
022 Tarpaulins
06-18-2015: A tarpaulin, or a tarp, is
a large piece of waterproof material, such as plastic or canvas, which is used
to cover things and keep them dry.
022 Tarpaulins [NOT fitted covers specifically designed for
vehicles]
On 05-30-2013, the 04-02-1991 entry was amended to add the
word “fitted” to the bracketed wording for clarification purposes. Tarpaulins
are unfitted pieces of material that are generally used to protect an object
or area. Unfitted vehicle covers are classified in Class 22; “vehicle covers,
not fitted” appears in the Nice Alphabetical List in Class 22. Covers that
are specifically fitted to the shape of a vehicle are classified in Class
12.
021 Tart scoops
03-05-2015 - Tart scoops are
classified in Class 21 as kitchen utensils for serving pie. Serving scoops are
different from hand-operated scooping tools in Class 8, which are generally
used to transfer unspecified amounts of bulk materials, such as sugar or rice,
from a bag to a container, for example. For classification purposes, the key
distinction for scoops in Class 8 and scoops in Class 21 is whether the scoops
are for transferring unspecified amounts of materials or foods, or for serving
or portioning foods.
042 Tattoo design services
Even though tattooing
services are in Class 44, tattoo design services are in Class 42 because the
activity is comparable to graphic arts designing, which appears in the Nice
Alphabetical List in Class 42.
008 Tattoo machine parts, namely, springs and armature
bars
Transferred from Class 7 based on entry in Nice Alphabetical
List for “apparatus for tattooing” in Class 8 that would include machines for
that purpose and their parts.
008 Tattoo machines
Transferred from Class 7 based on
entry in Nice Alphabetical List for “apparatus for tattooing” in Class 8 that
would include machines for that purpose and their parts.
008 Tattoo needles
Transferred from Class 7 based on
entry in Nice Alphabetical List for “apparatus for tattooing” in Class 8 that
would include machines for that purpose and their parts.
044 Tattooing
This entry was transferred from Class
42 to Class 44 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
035 Tax preparation services provided via {specify, e.g.,
telephone, the Internet, in-person, etc.}
Tax preparation is
acceptable wording in Class 36; further specifying the means of performing the
service is acceptable, but it is not required. 10-24-2013: The initial note
with this entry included a typographical error incorrectly stating that tax
preparation is classified in Class 36. However, “tax preparation” is
acceptable wording in Class 35 not Class 36.
009 Taximeters
Taximeters are electronic apparatus
installed in taxi cabs or other vehicles for measuring and calculating
passenger fares.
021 Tea balls of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
021 Tea cosies
1-1-2012 This entry of 4-2-1991 was
transferred from Class 26 to Class 21 pursuant to the 10th Edition of the Nice
Agreement because tea cosies are covers adapted to non-electric tea pots in
Class 21.
021 Tea infusers of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
021 Tea pots made of precious metals
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
021 Tea pots of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
021 Tea services [tableware]
On 1-1-2012, this entry
of 1-1-2007 was revised to add the term “[tableware]” pursuant to the 10th
Edition of the Nice Agreement to clarify the nature of the goods and to avoid
confusion with services in Class 43.
021 Tea services of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
003 Tea tree oil
Tea tree oil is an essential oil.
“Essential oils” are in the Nice Classification List in Class 3; therefore,
tea tree oil is classified in Class 3.
009 Teaching apparatus in the nature of a guard that is
attached to the body of a woodwind instrument for music instruction
On 01-14-2016, this entry of 01-07-2016 was amended to replace “attached to
the keys” with “attached to the body.”
016 Teaching materials in the form of games
This
entry was deleted because games are generally classified in Class 28
regardless of whether they have an educational purpose or not.
042 Technical advice about steel
This was a
trilateral entry, but it has proven to be too broad under USPTO standards of
specificity required for an identification of services of this type.
042 Technical air quality monitoring services
Technical quality monitoring services are in Class 42, whereas business
monitoring services are in Class 35.
042 Technical analysis of a product or process to determine
how to make it more environmentally sound
Deleted as redundant
042 Technical consultancy regarding the field of road cutting
technology
On 4-21-11, this 7-20-2004 entry was deleted because it is
not clear what road cutting technology encompasses.
042 Technical consultancy in relation to the production of
semiconductors
On 4-21-11, this 7-20-2004 entry was deleted because
it is broad enough to include manufacturing for others in Class 40, for
example.
042 Technical consultancy in relation to the development of
technologies and technical components for food
On 4-21-11, this
11-6-2008 entry was deleted, because it is unclear what the subject matter of
the services entail.
042 Technical consultation in the field of environmental
science, engineering services, design for others in the field of environmental
engineering, designing and testing of new environmentally friendly products
for others
03-17-2011 - This entry was deleted in order to eliminate
confusion with other technical consultation entries. On 07-11-2013, the status
of this entry was changed from “D” Deleted to “X” Example to indicate that it
is an example of acceptable wording under current USPTO policy. Additionally,
this entry was modified by deleting “Environmental services, namely” to refine
and clarify the nature of the technical consultation services, which are
classified according to the Class 42 subject matters specified in the
recitation of services.
042 Technical consultation in the field of real-time
reconfigurable wireless communication handsets and network equipment for use
in wideband communications
On 4-21-11, this 8-1-2003 entry was
deleted because it is unclear what the services encompass.
042 Technical consultation in the field of environmental
science, engineering services, design for others in the field of energy
engineering, designing and testing of energy products for others
On
07-04-2013, the status of this entry was changed from “D” Deleted to “X”
Example to indicate that it is an example of acceptable wording under current
USPTO policy. Additionally, this entry, which was deleted on 03-17-11, was
modified by deleting “Environmental services, namely” to refine and clarify
the nature of the technical consultation services, which are classified
according to the Class 42 subject matters specified in the recitation of
services. 03-17-11 - This entry was deleted in order to eliminate confusion
with other technical consultation entries.
000 Technical consulting services in the field of {indicate
field or subject matter of technical consulting} [classification depends on
service-related field or subject matter]
For proper classification,
the field or subject matter of the technical consulting service must be set
forth so that it connects the content to a technical consulting service, e.g.,
technical consulting in the field of engineering (42), power generation(40).
This entry does not appear in the TEAS Plus version of the ID Manual because a
class number cannot be assigned to this entry as it appears in the Manual.
042 Technical consulting and assistance with computer-based
information systems and components
On 4-21-11, this 12-20-2007 entry
was deleted because it is broad enough to include technical consulting and
assistance with computer hardware repair in Class 37, for example.
042 Technical planning of photovoltaic installations
On 4-21-11, this 1-3-2011 entry was deleted because “technical planning” could
include construction planning in Class 37, for example.
042 Technical planning of solar thermal installations
On 4-21-11, this 1-3-2008 entry was deleted because “technical planning” could
include construction planning in Class 37, for example.
042 Technical planning of photovoltaic/solar thermal hybrid
installations
On 4-21-11, this 1-3-2008 entry was deleted because
“technical planning” could include construction planning in Class 37, for
example.
042 Technical planning of solar energy based power plants
On 4-21-11, this 1-3-2008 entry was deleted because “technical planning”
could include construction planning in Class 37, for example.
042 Technical quality monitoring services of water
conditions
On 4-21-11, the 4-1-2005 entry was amended from “Technical
monitoring for conditions of water” to “Technical quality monitoring services
of water conditions” for clarity.
042 Technical support services, namely, troubleshooting of
computer software problems
2-11-10 Troubleshooting of software
includes both diagnosis and repair of problems - both of which are Class 42
activities.
042 Technical support services, namely, troubleshooting of
industrial process control computer software problems
2-11-10
Troubleshooting of software includes both diagnosis and repair of problems -
both of which are Class 42 activities.
042 Technical support services, namely, installation,
administration, and troubleshooting of web and database applications
2-11-10 Troubleshooting of web and database applications is trouble shooting
of software and can includes both diagnosis and repair of problems - both of
which are Class 42 activities.
042 Technical support services, namely, troubleshooting in the
nature of diagnosing computer hardware and software problems
4-2-09 -
7/1/01 entry clarified to indicate that the service is the diagnosis of
problems. Repair of the computer hardware problems is in 37 and repair of the
computer software problems is in Class 42.
042 Technical support, namely, providing backup computer
programs and facilities
On 07-18-2013, the 06-01-2001 entry was
modified to replace “back-up” with “backup” in order to make the spelling of
the wording consistent among Class 42 Manual entries for more uniform search
results.
042 Technical support, namely, providing computer facilities
for the electronic storage of digital data
On 01-01-2014, this
06-12-2008 entry “Technical support, namely, providing computer facilities for
the storage of digital data” was amended to “Technical support, namely,
providing computer facilities for the electronic storage of digital data” and
was transferred from Class 39 to Class 42, pursuant to the addition of
“Electronic data storage” to the Nice Classification, Tenth edition, version
2014, effective 1-1-14.
042 Technical support, namely, monitoring technological
functions of computer network systems
This service involves
monitoring in areas such as usage, technical problems, etc. Other electronic
monitoring services for security purposes are classified in Class 45. On
08-09-2012, this 06-01-2001 entry was modified by deleting “of network
systems” and inserting “technological functions of computer network systems”
to make clear the nature of the services and the justification for classifying
them in Class 42.
042 Technical writing in the field of {indicate field or
subject matter}
Technical writing is acceptable wording; further
specification is acceptable, but it is not required.
042 Technological consultation in the technology field of
{identify the field, e.g., computer hardware systems}
09-19-2013 -
Technology consultation involves consultancy concerning the computer or
scientific technology that may be used in specific fields. Consultation about
the subject matter itself must be classified in the class of the subject
matter.
042 Technological consulting services in the field of
alternative energy generation
09-19-2013 - Technology consultation
involves consultancy concerning the computer or scientific technology that may
be used in specific fields. Consultation about the subject matter itself must
be classified in the class of the subject matter.
042 Technological consultation in the field of selecting
{specify goods, e.g., air conditioners, lawn mowers, etc.} suitable for their
intended uses
This service includes consultation on the technological
capabilities of the goods, how they operate, and the capacity of the goods to
perform at an optimal level.
042 Technology consultation in the field of {indicate specific
field, e.g. aerospace engineering, geology}
This service involves
consultation and research concerning the computer or scientific technology
that may be used in specific fields. Consultation about the subject matter
itself must be classified in the class of the subject matter.
042 Technology consultation and research in the field of
{indicate specific field, e.g. aerospace engineering, geology}
This
service involves consultation and research concerning the computer or
scientific technology that may be used in specific fields. Consultation about
the subject matter itself must be classified in the class of the subject
matter.
042 Technology consultation services in the field of
alternative energy, namely, gasifying and combusting alternative fuels
09-19-2013 - Technology consultation involves consultancy concerning the
computer or scientific technology that may be used in specific fields.
Consultation about the subject matter itself must be classified in the class
of the subject matter.
042 Technology supervision and inspection in the field of
{indicate specific field, e.g. product quality control, geological mining}
This service involves consultation and research concerning the computer
or scientific technology that may be used in specific fields. Consultation
about the subject matter itself must be classified in the class of the subject
matter.
025 Teddies
05-21-2015: A teddy is a woman’s
one-piece undergarment, incorporating a chemise top and panties.
007 Tedding machines
These goods are tractor-towed
machines for spreading or scattering grass or hay so that it may dry.
003 Teeth cleaning lotions
These refer to
non-medicated lotions. Medicated lotions are in Class 5.
038 Telecommunication (data and voice)
The language
of this entry is too broad; it encompasses all telecommunication
activities.
038 Telecommunication services, namely, providing e-mail
notification alerts via the internet
This is a telecommunication
transmission service. The service is providing only the telecommunication
transmission of the e-mail notification alerts.
038 Telecommunication services, namely, providing electronic
message alerts via the internet notifying individuals of a changed status or
condition of a sensing device in a security system
This is a
telecommunication transmission service. The service is providing only the
telecommunication transmission of the electronic message alerts.
038 Telecommunication services, namely, providing e-mail
notification alerts via the internet notifying vehicle owners of timing of
vehicle maintenance
This is a telecommunication transmission service.
The service is providing only the telecommunication transmission of the e-mail
notification alerts.
038 Telecommunication services, namely, providing e-mail
notification alerts via the internet of rating changes that affect financial
portfolios
On 1-6-11, the 5-3-2007 ID was amended from “providing
e-mail notification alerts of rating changes that affect financial portfolios”
to the current ID to clarify that this is a telecommunication transmission
service only. This activity does not require an indication of a specific
field or subject matter since the service is providing the telecommunication
transmission service of the e-mail notification alerts only.
038 Telecommunication services, namely, providing electronic
message alerts via the internet notifying individuals of {specify activity,
e.g., timing of vehicle maintenance}
This is a telecommunication
transmission service. The service is providing only the telecommunication
transmission of the electronic message alerts.
038 Telecommunication services, namely, providing e-mail
notification alerts via the internet notifying individuals of {specify
activity, e.g., timing of vehicle maintenance}
This is a
telecommunication transmission service. The service is providing only the
telecommunication transmission of the e-mail notification alerts.
038 Telecommunication services, namely, providing electronic
message alerts via the internet
This is a telecommunication
transmission service. The service is providing only the telecommunication
transmission of the electronic message alerts.
038 Telecommunication services
The language of this
entry is too broad; it encompasses all telecommunication activities.
038 Telecommunication services, namely, call hunting
“Call hunting” refers to an incoming call-management capability that, in
response to a telephone call to a designated number within a defined group of
numbers, automatically “hunts” or scans all other telephone numbers in the
group until a line available to receive the incoming call is located.
038 Telecommunications by e-mail
On 01-01-2016, this
07-20-2004 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016. Under Nice 10-2016 “electronic
mail services,” “electronic mail” or the like is indefinite and overly broad
because the activity provided in connection with electronic mail is
unclear.
038 Telecommunications consultation
This entry was
transferred from Class 42 to Class 38 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
009 Telecommunications equipment, namely, fiber-optic
transceivers, fiber optic repeaters, converters and optimizers, wave division
multiplexers, free-space optics transmission systems, switches including
Ethernet switches and routers, fiber-to-the-home and ethernet-over-VDSL access
aggregators, terminators and repeaters, and remote presence management
products, namely, switches, and console, alarm, sensor and power management
devices
08-26-10 Deleted the words “and software” before “namely”
because the identified goods are types of equipment - not software
038 Telecommunications gateway services, namely, {indicate
purpose of the gateway link}
This service comprises
telecommunications routing and junction activities.
038 Telecommunications gateway services
This service
comprises telecommunications routing and junction activities.
038 Telecommunications services, namely, personal
communication services
This entry refers to telecommunications
services that bundle voice communications, numeric and text messaging,
voice-mail and various other features into one device, service contract and
bill. PCS are carried over cellular links, most often digital.
038 Telecommunications services, namely, wireless telephony
and wireless broadband communications services for the transmission of voice
and data
03-18-10 This 03-11-10 entry was incorrectly classified in
37, and this amendment to 38 corrects that inadvertent misclassification.
006 Telegraph posts of metal
Telegraph posts are tall
poles supporting telephone wires. Telegraph posts are also called telephone
poles.
038 Telematic services
This service is outdated; the
word is not defined in the dictionary.
006 Telephone boxes of metal
A telephone box is
similar to a telephone booth, not a telephone case.
035 Telephone directory information
This service is
in Class 35 because it provides information that usually relates to the
businesses of others.
035 Telephone directory assistance services
This
service is in Class 35 because it provides information that usually relates to
the businesses of others.
000 Telephone hot line counseling, namely, offering advice
regarding {indicate specific subject area, e.g. substance abuse}
Identification too broad under 8th edition of the Nice Agreement to be
classified in a single class. Subject matter of counseling controls
classification. 12-16-10 - this entry does not appear in the TEAS Plus version
of the ID Manual because a class number cannot be assigned to this entry as it
appears in the Manual.
000 Telephone information service featuring information in the
field of {indicate field or nature of information} [classification depends on
subject matter]
For proper classification, identification must either
indicate nature of information, e.g., business (35), travel (39), health (44)
or the subject matter in such a way that it may be classified, e.g.,
automobile repair (37), hotel services (43), hockey games (41). 12-16-10 -
this entry does not appear in the TEAS Plus version of the ID Manual because a
class number cannot be assigned to this entry as it appears in the Manual.
035 Telephone operator services
This service involves
actually connecting a caller with the party being called. The operators are
not providing a telecommunication service; they are providing a service
similar to telephone answering service that is also classified in Class
35.
038 Teletype services
With the developments in
technology, this service is rarely, if ever, provided anymore. It is also a
registered trademark for the equipment used to perform the activity.
041 Television and radio programming [scheduling]
This service does not refer to a series of programs - it is ONLY a scheduling
service.
041 Television production
2-26-09 - the 4-2-91 entry
was deleted because it could cause confusion with production of television
commercials and other similar services in Class 35.
041 Television programming [scheduling]
This service
does not refer to a series of programs - it is ONLY a scheduling service.
041 Television scheduling [programming]
This service
does not refer to a series of programs - it is ONLY a scheduling service.
010 Temperature indicator labels for medical purposes
A temperature indicator label usually consists of one or more heat sensitive
points. The color of these points will change (e.g. turn black at the
temperature levels shown on the label).
009 Temperature indicator labels, not for medical purposes
A temperature indicator label usually consists of one or more heat
sensitive points. The color of these points will change (e.g. turn black at
the temperature levels shown on the label). On 5-9-2013, this entry of
12-13-2012 was amended to add a comma after “labels” to match the Trilateral
approved identification.
021 Tempered glass, not for building
On 01-01-2016,
this 07-20-2004 entry was modified from “Tempered glass [not for building]” to
“Tempered glass, not for building” to clarify the purpose of the goods and the
justification for classification in Class 21. Tempered glass for building is
classified in Class 19.
043 Temporary accommodations, namely, providing residential
re-entry centers
On 10-6-3011, this 6-4-2009 entry was deleted
because, although acceptable, it is too specific to be of use to a broad range
of customers
042 Temporary electronic storage of information and data
On 01-01-2014, this 08-13-2009 entry was transferred from Class 39 to
Class 42, pursuant to the addition of “Electronic data storage” to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14.
042 Temporary interior and exterior home decoration
consultation, namely, home staging consultation for the purpose of making
homes more appealing to prospective buyers
On 5-5-2011, this 3-1-2006
ID was deleted because it is duplicative of a similar Manual entry for Home
staging consultation services in Class 42. 08-29-2013: Acceptable entry
status changed from “D” deleted to “X” example.
035 Temporary retail stores set up on-site at schools to
provide shopping facilities for students
On 06-27-2013, the
09-04-2001 entry was deleted because it is indefinite. If the services are
retail store services, then the nature of the merchandise being featured must
be indicated.
003 Temporary tattoo transfers for use as cosmetics
Temporary tattoo transfers for use as cosmetics are non-permanent images or
designs applied to the skin resembling real tattoos for beautification or
improvement of one's appearance. Decalcomanias and transfers in the nature of
temporary or removable tattoos are classified in Class 16 when not for use as
cosmetics.
016 Temporary tattoo transfers [similar to decals]
On
09-12-2013, this 01-01-1995 entry was modified from “Temporary tattoos” to the
current wording to make clear the rationale for classification in Class 16.
As previously written, the ID could be interpreted to include “temporary
tattoo sprays and stencils” in Class 3. Temporary tattoos are non-permanent
images or designs on the skin resembling real tattoos that can be drawn (via
markers or ink), painted (via face or body paints), airbrushed (via ink or
body paints) or transferred (via transfers) to the skin. Therefore, the
“transfer” form of the removable tattoos must be indicated to justify Class
16. Note that “temporary tattoo transfers for use as cosmetics” are in Class
3 as beautification or appearance enhancing items.
028 Tennis net center straps
These goods are special
purpose straps used to keep the net in place at a particular height so the
tennis match may be played. It functions with the net as sports
equipment.
025 Tennis wear
“Wear” terms such as this one have
been accepted by the USPTO for many years and will continue to be accepted.
However, generally, various fields of “wear” cover a wide range of clothing
some of which may be commonly understood to be included 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 substitution
of “clothing” for “wear” is not acceptable.
007 Tenoning machines
These goods are woodworking
machines for making tenons.
006 Tension links of metal
Tension links are metal
hardware used in connecting chain, wire rope or other rigging to minimize
torsional effects in load lifting
037 Termite and pest control services, other than for
agriculture, horticulture and forestry
On 06-25-2015, this 04-02-1991
entry was modified by inserting “services, other than for agriculture,
horticulture and forestry” to conform with the Nice Classification. Also, the
status of this entry was changed from “A-Added” to “X-Example.” 04-02-1991 -
Note: pest control for agricultural, horticultural or forestry purposes are in
44.
021 Terra cotta figurines
Transferred from Class 19.
Terra cotta figurines are classified in Class 21 in the Nice Agreement.
021 Terrariums for animals or insects
This entry was
transferred from Class 16 to Class 21 pursuant to the 9th edition of Nice
Classification.
016 Terrestrial globes
04-07-2016 - Terrestrial
globes are classified in Class 16 as teaching materials. Terrestrial globes
are used for teaching purposes to present a model of the earth that is used
for observation purposes. The Nice Class Heading for Class 16 includes
instructional and teaching material (except apparatus).
001 Test particles for biodetection systems, biological
analogues and microscopic carrier beads with chemically attached DNA fragments
for use in testing the operation of equipment used for analyzing air for the
presence of harmful biological substances
07-04-2013: Status changed
from “A” - Added to “X” - example.
009 Test weights
11-10-2011: The purpose of the goods
is to calibrate or test the accuracy of a scale.
042 Testing and evaluating accreditation standards for
{indicate type of organization or nature of services, e.g., law schools, legal
education services, etc.} to the order and specification of others
This description encompasses the testing and technical analysis related to
establishing criteria, which are later applied by accrediting bodies. This
description should not be used by accrediting bodies (unless the accreditors
are performing the services for others). This description should not be used
in connection with accreditation marks, which are used by third parties to
indicate that their services are “accredited” or approved by the accrediting
body. See TMEP §1306.06 et seq.
001 Testing kits containing 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.
042 Testing of computer software for {indicate purpose of
testing, e.g., determining compatibility between computers and wireless
devices, etc.}
Testing of computer software is acceptable wording;
further specification is acceptable, but it is not required.
042 Testing of computers for {indicate purpose of testing,
e.g., determining compatibility between computers and wireless devices,
etc.}
Testing of computers is acceptable wording; further
specification is acceptable, but it is not required.
042 Testing or research on machines, apparatus and
instruments
On 06-09-2016, this 07-20-2004 entry was deleted because
it is indefinite. It is unclear whether the service activities encompass
testing or research, or both. The deleted term is covered by existing and
newly added Manual entries, such as “Testing the functionality of machines”
and “Research on machines” in Class 42, and others.
009 Testing sample collection equipment, namely, wipes and
swabs for use in diagnostic testing, not for medical purposes
On
11/15/12, original entry of 5/24/07: “Testing sample collection equipment,
namely, wipes and swabs for use in clinical and industrial diagnostic testing”
modified to delete “clinical and industrial” and add “not for medical
purposes.” Testing and diagnostic apparatus for medical purposes are in Class
10.
042 Testing the functionality of machines in the nature of
{indicate, e.g., manufacturing machines, weighing machines, etc.}
Testing the functionality of machines is acceptable wording; further
specification is also acceptable, but it is not required.
042 Testing the functionality of apparatus and instruments in
the nature of {indicate, e.g., weighing scales, oil and gas equipment,
etc.}
Testing the functionality of apparatus and instruments is
acceptable wording; further specification is also acceptable, but it is not
required.
035 Testing to determine professional competency
This
is not an educational testing activity. It is testing to determine the
adequacy of a person's skills to function in their professional field.
035 Testing to determine job competency
This is not
an educational testing activity. It is testing to determine the adequacy of a
person's skills to perform their job.
035 Testing to determine professional competency in the field
of {indicate field or industry, e.g., civil engineering, acupuncture,
etc.}
Testing to determine professional competency is acceptable in
Class 35; further specification as to the field or industry is acceptable, but
it is not required. 09-12-2013 - This is not a scholarly or academic testing
activity. It is testing to determine a person's ability to function in a
job.
035 Testing to determine employment skills
These
services were transferred to Class 35 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. This entry and
other employment-related services were transferred to Class 35 as a result of
the restructuring.
042 Testing, analysis and evaluation of {indicate type of
service providers, e.g., vocational education institutions, etc.} to determine
conformity with established accreditation standards
These activities
are generally performed by the accrediting body, but may also be performed by
a third party to the order and specification of the accrediting body. These
services are different from the act of accreditation, which is the validation
or bestowal of approval on a service provider, and is not considered a service
under the Trademark Act. This description should not be used in connection
with accreditation marks, which are used by third parties to indicate that
their services are “accredited” or approved by the accrediting body. See TMEP
§1306.06 et seq.
042 Testing, analysis and evaluation of service providers to
determine conformity with established accreditation standards
These
activities are generally performed by the accrediting body, but may also be
performed by a third party to the order and specification of the accrediting
body. These services are different from the act of accreditation, which is the
validation or bestowal of approval on a service provider, and is not
considered a service under the Trademark Act. This description should not be
used in connection with accreditation marks, which are used by third parties
to indicate that their services are “accredited” or approved by the
accrediting body. See TMEP §1306.06 et seq.
042 Testing, analysis and evaluation of the services of others
to determine conformity with certification standards
On 10-01-2015,
this 10-08-2009 entry was modified by deleting “for the purpose of
certification” and inserting “to determine conformity with certification
standards” to clarify the nature of the services. Although these testing,
analysis, and evaluation services may be rendered by a certifying body,
“certification,” or the validation or approval of goods/services of others, is
not a service under the Nice Classification. Also, this description should not
be used in connection with certification marks, which are used by third
parties to indicate that their goods/services are “certified” or approved by
the certifying body. See TMEP §1306.06 et seq.
042 Testing, analysis and evaluation of the goods of others to
determine conformity with certification standards
On 10-01-2015, this
10-08-2009 entry was modified by deleting “for the purpose of certification”
and inserting “to determine conformity with certification standards” to
clarify the nature of the services. Although these testing, analysis, and
evaluation services may be rendered by a certifying body, “certification,” or
the validation or approval of goods/services of others, is not a service under
the Nice Classification. Also, this description should not be used in
connection with certification marks, which are used by third parties to
indicate that their goods/services are “certified” or approved by the
certifying body. See TMEP §1306.06 et seq.
042 Testing, analysis and evaluation of the goods and services
of others to determine conformity with certification standards
On
10-01-2015, this 01-02-1997 entry was modified by deleting “for the purpose of
certification” and inserting “to determine conformity with certification
standards” to clarify the nature of the services. Although these testing,
analysis, and evaluation services may be rendered by a certifying body,
“certification,” or the validation or approval of goods/services of others, is
not a service under the Nice Classification. Also, this description should not
be used in connection with certification marks, which are used by third
parties to indicate that their goods/services are “certified” or approved by
the certifying body. See TMEP §1306.06 et seq.
042 Testing, analysis, and evaluation of the knowledge,
skills, and abilities of others to the order and specification of {indicate
accrediting bodies or certification boards}
These activities are not
performed by the accrediting or certifying bodies. These activities are
performed by third parties at the request of accrediting or certifying bodies.
Typically, the accrediting or certifying bodies consider the results of the
third parties’ testing, analysis, and evaluation when determining whether to
accredit/certify the individual/entity being tested.
042 Testing, analysis, and evaluation of goods or services of
others to the order and specification of {indicate type of organization, e.g.,
accrediting bodies, certification boards, etc.}
These activities are
not performed by the accrediting or certifying bodies. These activities are
performed by third parties at the request of accrediting or certifying bodies.
Typically, the accrediting or certifying bodies consider the results of the
third parties’ testing, analysis, and evaluation when determining whether to
accredit/certify the goods/services.
042 Testing, analysis, and evaluation of the knowledge, skills
and abilities of others in the field of forensic document examination to
determine conformity with certification standards
On 10-01-2015, this
11-06-2008 entry was modified by deleting “for the purpose of certification
and re-certification” and inserting “to determine conformity with
certification standards” to clarify the nature of the services. Although these
testing, analysis, and evaluation services may be rendered by a certifying
body, “certification,” or the validation or approval of goods/services of
others, is not a service under the Nice Classification. Also, this description
should not be used in connection with certification marks, which are used by
third parties to indicate that their goods/services are “certified” or
approved by the certifying body. See TMEP §1306.06 et seq.
042 Testing, analysis, and evaluation of the knowledge, skills
and abilities of others in the field of {indicate the field of use} to
determine conformity with certification standards
On 10-01-2015, this
01-06-2011 entry was modified by deleting “for the purpose of certification
and re-certification” and inserting “to determine conformity with
certification standards” to clarify the nature of the services. Although these
testing, analysis, and evaluation services may be rendered by a certifying
body, “certification,” or the validation or approval of goods/services of
others, is not a service under the Nice Classification. Also, this description
should not be used in connection with certification marks, which are used by
third parties to indicate that their goods/services are “certified” or
approved by the certifying body. See TMEP §1306.06 et seq.
042 Testing, analysis, and evaluation of {indicate goods or
services of others} to determine conformity with certification standards
On 10-01-2015, this 08-16-2012 entry was modified by deleting “for the
purpose of certification and re-certification” and inserting “to determine
conformity with certification standards” to clarify the nature of the
services. Although these testing, analysis, and evaluation services may be
rendered by a certifying body, “certification,” or the validation or approval
of goods/services of others, is not a service under the Nice Classification.
Also, this description should not be used in connection with certification
marks, which are used by third parties to indicate that their goods/services
are “certified” or approved by the certifying body. See TMEP §1306.06 et
seq.
042 Testing, analysis, and evaluation of {indicate goods or
services of others} to assure compliance with industry standards
This
activity relates to quality assurance of goods. The Nice Alphabetical List
includes Quality control in Class 42. Therefore, this service is also in Class
42.
022 Tethers in the nature of polypropylene straps that are
secured with suction cups to an object for holding children's utensils and
toys
On 09-13-12, the 06-10-2010 entry was modified by inserting
“polypropylene” to make clear the justification for classifying these goods in
Class 22. Straps are generally classified according to the function or purpose
of the goods. However, straps for securing items and general purpose straps
are classified in Classes 6, 18, or 22 depending on the material composition
of the goods. Straps with functions that are not covered by the Class Headings
are also classified in Classes 6, 18, or 22 according to material
composition.
007 Textile calendering machines
These goods are
machines that feature rollers to flatten or smooth textiles.
025 Textile diapers
1-1-2012 This entry of 7-20-2004
was deleted. Pursuant to the 10th Edition of the Nice Agreement, all diapers
for humans, including baby diapers and diapers for adult incontinence, are in
Class 5. However, this identification is indefinite because it does not
specify whether these goods are for babies or adults.
016 Textile gift bags for wine
08-01-2013: Acceptable
entry status changed from “A” added to “X” example.
024 Textile handkerchiefs
10-13-2016 - Handkerchiefs
of textile are classified in Class 24 because that wording appears in the Nice
Alphabetical List in Class 24. Textile handkerchiefs are for personal use,
such as wiping the face, nose, or eyes, and they are distinguishable from
pocket squares and kerchiefs in Class 25 that function as clothing. Note that
paper handkerchiefs are classified in Class 16 per the Nice Alphabetical List
similar to paper facial tissues.
024 Textile napkins
This entry of 04-02-1991 has been
deleted because it could include both “table napkins of textile” in Class 24
and “babies' napkins [diapers]” in Class 5.
025 Textile nappies
1-1-2012 This entry of 7-20-2004
was deleted. Pursuant to the 10th Edition of the Nice Agreement, all diapers
(nappies) for humans, including baby diapers and diapers for adult
incontinence, are in Class 5. However, this identification is indefinite
because it does not specify whether these goods are for babies or adults.
024 Textile tissues for removing make-up
On
01-01-2015, this 02-09-2007 entry was deleted because the nature of the goods
was confusing, and in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015.
016 Textile wine gift bags
08-01-2013: Acceptable
entry status changed from “A” added to “X” example.
029 Textured vegetable protein bits having a bacon flavor
On 1-1-2012, this entry of 4-2-1991 was deleted because the purpose of
the goods is not clear, and it is not acceptable under the Tenth Edition of
the Nice Agreement. Under the Tenth Edition, proteins are generally classified
as raw materials in Class 1, or as dietary supplements in Class 5, depending
on how those goods are specified.
029 Textured vegetable protein for use as a meat extender
1-1-2012 Although under the Tenth Edition of the Nice Agreement proteins
are generally classified as raw materials in Class 1, or classified as dietary
supplements in Class 5, the goods in this case are being used as meat
substitute and therefore, they are classified in Class 29.
029 Textured whey protein
On 1-1-2012, this entry of
8-19-2010 was deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement. Proteins are no longer considered “food” for
classification purposes. Instead, those goods are considered raw materials
used in the industrial preparation of food for their nutritive values or,
e.g., as emulsifiers or binding agents, in Class 1, or as a dietary supplement
in Class 5. Under the 9th these goods were classified in Class 29. Because
protein is no longer considered a food in itself, this identification has been
deleted.
035 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 in the field of {indicate field or
type of goods}
No longer a trilateral entry as of 6-28-07 but still
acceptable in the USPTO but now requires an indication of the field of the
goods offered as with other retail-type services
035 Theatrical agencies
This activity functions as a
type of employment agency for people in the theatre industry.
041 Theatrical ticket agencies
Transferred from Class
35 pursuant to the 9th edition of the Nice Agreement.
030 Theine-free tea
Tea is acceptable wording;
further specification is acceptable, but it is not required.
030 Theine-free tea with added sweeteners
Tea is
acceptable wording; further specification is acceptable, but it is not
required.
044 Therapeutic intervention services incorporating dance,
music, and movement for {indicate group or individual, e.g., children,
veterans, caregivers, etc.}
Therapeutic intervention services
incorporating dance, music, and movement is acceptable wording in Class 44;
further specification as to the particular group or individuals using the
service is acceptable, but it is not required.
005 Therapeutic spell kits comprising potions and herbs used
for {indicate purpose or condition}
07-04-2013: Status changed from
“A” - Added to “X” - example.
009 Thermal copiers
Thermal copiers, also known as
“thermocopiers,” are similar to photocopiers and are used to generate copies
onto paper.
011 Thermal oxidizers for industrial air pollution control of
{specify, e.g., volatile organic compounds, airborne toxins, etc.}
Thermal oxidizers, also known as “thermal incinerators,” are apparatus used to
control air pollution by decomposing gases at high temperatures and releasing
the gases into the atmosphere. Thermal oxidizers for industrial air pollution
control is acceptable wording; further specification is acceptable, but it is
not required.
011 Thermal oxidizers for industrial air pollution control
Thermal oxidizers, also known as “thermal incinerators,” are apparatus
used to control air pollution by decomposing gases at high temperatures and
releasing the gases into the atmosphere.
009 Thermal printers
01-01-2016: Thermal printers use
heat applied to the pins of the matrix to form dots on heat-sensitive paper.
In contrast, 3D printers are additive manufacturing machines that create or
build three-dimensional solid objects by laying down successive layers of
material, and thus, are classified as “machines” which is in the Class Heading
for Class 7.
016 Thermal transfer ribbons for {indicate, e.g., thermal
printers, thermal facsimile machines, etc.}
Thermal transfer ribbons
is acceptable wording; further specification is acceptable, but it is not
required.
009 Thermally activated manually resettable fire safety
valves
Note that manually operated metal valves are in Class 6;
valves being machine parts and engine valves for vehicles and machinery are in
Class 7; valves for plumbing 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 Thermionic valves
1-1-2012 This entry of
3-11-2010 has been amended from “thermionic valves for radio” to “thermionic
valves” pursuant to a translation issue in the 10th Edition of the Nice
Agreement.
001 Thermomechanical pulp
Thermomechanical pulp is
the result of heating and crushing wood chips into pulp. Wood pulp is in the
Nice Alphabetical List in Class 1, and by analogy, thermomechanical pulp is
also in Class 1.
009 Thermometers
On 05-22-2014, the 07-20-2004 entry
was deleted because it is overly broad. Thermometers, not for medical
purposes are classified in Class 9. Thermometers for medical purposes are
classified in Class 10.
009 Thermometers not for medical purposes
On
05-22-2014, the 01-01-1995 entry “Thermometers not for medical use” was
amended to replace the word “use” with the word “purposes” for consistency
with the Nice Alphabetical List. “Thermometers not for medical use” is an
acceptable identification in Class 9.
001 Thermoplastic and thermosetting adhesives and cements for
industrial purposes
On 01-01-2016, this 11-01-2004 entry was modified
to add “for industrial purposes” to make clear the purpose of the goods and
the justification for classification in Class 1. Certain specialized
adhesives are classified in classes other than Class 1 based on their specific
purpose, e.g., dental adhesives, in Class 5, and adhesives for cosmetic use,
in Class 3. Please consult the Manual for examples of adhesives in other
classes.
011 Thermostatic valves [parts of heating installations]
Class 11 includes valves for plumbing and heating and cooling
installations regardless of material composition. If not for these purposes,
note that manually operated metal valves are in Class 6; valves being machine
parts and engine valves 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 operated valves are in Class 20.
036 Third-party extended warranty services, namely, vehicle
service contracts on vehicles manufactured by others for mechanical breakdown
and servicing
On 09-26-2013, this 09-23-2010 ID was amended from
“Providing vehicle service agreements on vehicles manufactured by others for
mechanical breakdown and servicing” to the current ID to make clear that the
services are similar to insurance and do not cover the activities of actual
automotive repairs, which would be classified in Class 37.
025 Thong beachwear
09-10-2015: “Thongs” is
indefinite and overly broad when it appears alone in an identification or in
an identification for a wide variety of clothing. However, “thongs” is
acceptable to identify clothing or footwear in Class 25 when included in a
list of underwear, beachwear, or footwear. 08-25-2016: Under USPTO policy,
“thongs” is indefinite and overbroad regardless of whether the term is used
alone, in a list of a wide variety of clothing, or in a list limited to
underwear, beachwear, or footwear. USPTO no longer accepts the term “thongs”
in a list of underwear, beachwear, or footwear. The common name of the goods
must be specified, e.g., thong beachwear, in Class 25.
025 Thong footwear
09-10-2015: “Thongs” is indefinite
and overly broad when it appears alone in an identification or in an
identification for a wide variety of clothing. However, “thongs” is
acceptable to identify clothing or footwear in Class 25 when included in a
list of underwear, beachwear, or footwear. 08-25-2016: Under USPTO policy,
“thongs” is indefinite and overbroad regardless of whether the term is used
alone, in a list of a wide variety of clothing, or in a list limited to
underwear, beachwear, or footwear. USPTO no longer accepts the term “thongs”
in a list of underwear, beachwear, or footwear. The common name of the goods
must be specified, e.g., thong footwear, in Class 25.
025 Thong sandals
Sandals is acceptable wording;
further specification is acceptable, but it is not required. Under USPTO
policy, “thongs” is indefinite and overbroad because it is unclear if the term
identifies footwear, beachwear, or underwear in Class 25, or leather thongs
for fastening or securing items in Class 18; the common name of the “thongs”
must be specified, e.g., thong sandals, in Class 25.
025 Thong underwear
On 09-26-2013, the 09-04-2001
entry “Thongs [underwear]” was amended to incorporate the bracketed wording
into the identification. “Thongs” is not acceptable alone, but is acceptable
to identify clothing in Class 25 when included in a list of underwear,
footwear, or beachwear. 08-25-2016: Under USPTO policy, “thongs” is indefinite
and overbroad regardless of whether the term is used alone, in a list of a
wide variety of clothing, or in a list limited to underwear, beachwear, or
footwear. USPTO no longer accepts the term “thongs” in a list of underwear,
beachwear, or footwear. The common name of the goods must be specified, e.g.,
thong underwear, in Class 25.
025 Thongs [not acceptable alone, but acceptable in a list of
underwear, footwear, or beachwear]
On 09-26-2013, the 04-02-1991
entry “Thongs [footwear]” was amended to clarify that “Thongs” is not
acceptable alone, but is acceptable to identify clothing in Class 25 when
included in a list of underwear, footwear, or beachwear. 09-10-2015: On
09-10-2015, this 09-26-2013 entry was deleted because “thongs” is indefinite
and overly broad when it appears alone in an identification or in an
identification for a wide variety of clothing. However, “thongs” is
acceptable to identify clothing or footwear in Class 25 when included in a
list of underwear, beachwear, or footwear. 08-25-2016: Under USPTO policy,
“thongs” is indefinite and overbroad regardless of whether the term is used
alone, in a list of a wide variety of clothing, or in a list limited to
underwear, beachwear, or footwear. USPTO no longer accepts the term “thongs”
in a list of underwear, beachwear, or footwear. The common name of the goods
must be specified, e.g., thong footwear, thong beachwear, thong underwear,
etc. in Class 25.
018 Thongs of leather or hide for fastening or securing
items
On 09-26-2013, this 04-02-1991 entry “Thongs [thin leather
straps]” was amended to “Thongs of leather or hide” to clarify the nature of
the goods. “Thongs of leather or hide” are strips of leather or animal hide
used to fasten or secure by lashing or tying. Thongs in the nature of
underwear, footwear, or beachwear are classified in Class 25. On 08-25-2016,
this 09-26-2013 entry was modified from “Thongs of leather or hide” to “Thongs
of leather or hide for fastening or securing items” to clarify the nature of
the goods and the justification for classifying them in Class 18. Under USPTO
policy, “Thongs of leather or hide” is indefinite and overbroad because the
nature of the goods is unclear and could encompass clothing items made of
leather, e.g., thong footwear made of leather, in Class 25.
009 Thread counters
Thread counters are lenses
mounted on a frame with calibrated markings for use in fabric inspection.
010 Thread for medical use
On 06-19-2014, the
following note was added. This thread is for stitching wounds closed in
medical settings.
023 Thread for textile use having photovoltaic properties
Thread for textile use having photovoltaic properties is thread that
converts the sun’s light into electricity, and it may be used in making
fabrics. Thread for textile use is acceptable wording; further specification
is acceptable, but it is not required.
023 Threads and yarns for textile use
On 03-13-2014,
this 07-20-2004 entry “Threads and yarns [for textile use]” was modified to
incorporate the bracketed wording into the identification for clarity.
014 Threads of precious metal [jewelry]
On
01-16-2014, this 06-25-2009 entry was modified to add the bracketed
information “[jewelry]” to be consistent with the Nice Alphabetical List
entry, and to make clear the rationale for classification in Class 14
007 Three dimensional (3D) printers
On 01-01-2015,
this 10-04-2012 entry was transferred from Class 9 to Class 7 in compliance
with the Nice Classification, Tenth edition, version 2015, effective
01-01-2015. These goods function as additive manufacturing machines that
create or build three-dimensional solid objects by laying down successive
layers of material, and thus, classified as “machines” which is in the Class
Heading for Class 7.
020 Three dimensional plastic appliqués for attachment to
cars, windows, mirrors, and other solid surfaces
The word “appliques”
is used in the U.S. marketplace to refer to a variety of goods in multiple
classes. However, effective January 1, 2013, the wording “Appliques
[haberdashery]” appears in the Nice Alphabetical List in Class 26, and this
new Alphabetical List entry encompasses clothing decorations such as fabric
patches. Therefore, applicants who intend to apply for an Extension of
Protection under the Madrid Protocol should consider limiting their use of the
term “appliques” to Class 26 because including this term in other classes may
result in a Notice of Irregularity.
040 Three dimensional printing (3DP) services
This
service refers to the process of creating or building three dimensional solid
objects from a digital model by laying down successive layers of material.
020 Throw pillows
Pillows is acceptable wording;
further specification is acceptable, but it is not required.
028 Throw weights for recreational use
These goods
are classified in Class 28 because Dumb-bells are in the Nice Alphabetical
List in 28.
001 Thymol for industrial purposes
On 09-17-2015,
this 07-20-2004 entry was modified to add “for industrial purposes” in order
to clarify the use of the goods and the justification for classifying the
goods in Class 1. “Chemicals used in industry, science, and photography, as
well as in agriculture, horticulture and forestry” appears in the Nice Class
Heading for Class 1. “Thymol” is indefinite and overly broad without a
clarification of the use of the goods because it could encompass goods
classified in other classes based on purposes covered by other class headings,
for example, thymol for pharmaceutical purposes, in Class 5.
016 Tick identification and removal kit composed primarily of
printed educational/information inserts in the nature of a tick identification
chart, removal instructions and a symptom record with lists of informational
web sites and also including tweezers, magnifying glass, antiseptic wipe,
moist wrap, plastic bag and pencil
07-04-2013: Status changed from
“A” Added to “X” example.
019 Timber
On 04-24-2014, this 07-20-2004 entry was
deleted because it is broad enough to encompass goods in Class 31. Sawn
timber, building timber and manufactured timber appear in the Nice
Alphabetical List in Class 19. Unsawn timber and undressed timber are
classified in Class 31. The identification should indicate whether the timber
is unprocessed or semi-processed for classification purposes.
016 Time planners
11/12/09 - TIMEPLANNER is a
registered trademark for “wall calendars, appointment books,” among other
things, and cannot be recognized as a generic term, see U.S. Reg. No. 1186653.
The 7-20-09 trilateral entry has been deleted from the US Manual.
009 Timers
No longer a trilateral entry as of 6-28-07
but still acceptable in the USPTO.
004 Tinder
On 1-1-2012, this entry of 3-8-2007 was
transferred from Class 13 to Class 4 pursuant to the 10th Edition of the Nice
Agreement because these goods are analogous with firelighters in Class 4.
006 Tinplate
Tinplate is thin, steel sheet material
coated with a layer of tin that protects the steel from corrosion. This metal
sheet is typically sold in large rolls for use in manufacturing.
044 Tissue bank services
9-11-08 - This service is
for the collection and provision of tissues for medical purposes. Other
aspects of such a bank are ancillary - processing, treatment, storage, etc -
and would be in other classes such as 39 or 40 if specified as a separate
activity of the bank. Also, if the purpose of the bank is to provide tissue
for research or education purposes, the service would be in Class 42 with a
clear specification of that limitation.
020 Tissue box covers of textile
On 1-1-2012, this
entry of 4-1-2006 was transferred from Class 26 to Class 20 pursuant to the
10th Edition of the Nice Agreement
030 Toasted corn kernels
Corn is a grain and all
grains and grain products are classified in Class 30.
029 Toasted laver
12-20-2012. Laver is a type of
seaweed.
005 Tobacco-free cigarettes for medical purposes
On
04-23-2015, this 03-08-2007 entry was deleted because it is indefinite under
current USPTO identification policy. “Tobacco-free cigarettes for smoking
cessation purposes” appears in the ID Manual in Class 5 and makes clear the
precise medical purpose of the goods.
029 Toddler meals, namely, {indicate whether frozen, prepared
or packaged} entrees consisting primarily of meat, fish, poultry or
vegetables
Toddler meals consist of regular food, typically in an
easy to eat format and in small portions. Baby food is classified in Class 5
because it is a very specialized line of food that is specially adapted to the
delicate digestive systems of babies.
030 Toddler meals, namely, {indicate frozen, prepared or
packaged} entrees consisting primarily of pasta or rice
Toddler meals
consist of regular food, typically in an easy to eat format and in small
portions. Baby food is classified in Class 5 because it is a very specialized
line of food that is specially adapted to the delicate digestive systems of
babies.
021 Toilet paper dispensers
“Holders” changed to
“dispensers” pursuant to 9th edition of the Nice Agreement
010 Toilets adapted for medical patients or for use by
disabled persons
On 04-19-2012, the 07-01-1994 entry was amended by
deleting the word “handicapped” and inserting the word “disabled.”
030 Tomato ketchup
Ketchup is acceptable wording;
further specification is acceptable, but it is not required.
029 Tomato purée
On 12-24-2015, this entry was
modified by inserting an accent mark to make it match the Alphabetical List
indication exactly.
015 Tom-toms
Tom-toms are small-headed drums that are
typically long and narrow and beaten with the hands.
009 Toner cartridges sold empty
Toner cartridges sold
pre-filled are in Class 2.
002 Toner cartridges, filled, for printers and
photocopiers
Toner cartridges [filled] is an acceptable entry; it is
permissible to specify the goods for which the toner cartridges are intended,
but not required.
009 Toner cartridges, unfilled, for printers and
photocopiers
Toner cartridges sold empty is an acceptable entry; it
is permissible to specify the goods for which the toner cartridges are
intended, but not required.
010 Tongue depressors for medical purposes
Tongue
depressors is acceptable wording; further specification is acceptable, but it
is not required.
003 Toning lotion, for the face, body and hands
These
refer to non-medicated lotions. Medicated lotions are in Class 5.
003 Tooth whiteners for cosmetic purposes comprised of neutral
sodium fluoride sustained release gel
11-28-2013: Entry status
changed from “A” added to “X” example.
003 Tooth whitening creams
These refer to
non-medicated creams. Medicated creams are in Class 5.
021 Toothpick holders of precious metal
This entry
was transferred from Class 14 to Class 21 pursuant to the 9th edition of the
Nice Agreement.
003 Topical herbal cream for firming and enhancing breasts
These refer to non-medicated creams. Medicated creams are in Class 5.
042 Topographic surveying
11-17-2011: Amended the
entry of 5-21-2009 from “Topographic survey” to “Topographic surveying” to
further clarify that this is a service and not a good.
025 Toques
05-21-2015: A toque is a woman’s small hat
without a brim made in any of various soft close-fitting shapes.
025 Torsettes
This is a type of shape wear.
039 Tour conducting or escorting
On 01-01-2013, this
07-20-2004 entry was deleted because it is overbroad under the Nice
Classification, Tenth edition, version 2013, and because the intent of the
entry appears to be covered by “Travel tour conducting,” which already appears
in the Manual.
039 Tourist agency services
4-23-09 - Entry is too
broad. A tourist agency performs services besides making travel arrangements.
These other services are in classes other than Class 39, e.g., making hotel
reservations, a common travel agency activity, is in Class 43; and making
arrangements for tickets for tourist activities such as entertainment or
sports activities in the area would be in Class 41.
043 Tourist home services
01-01-2002: This entry was
transferred from Class 42 to Class 43 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement. 01-01-2016: On
01-01-2016, this 01-01-2002 entry was amended from “Tourist homes” to “Tourist
home services” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
043 Tourist hostels
On 10-06-2011, this 01-01-2002
entry was deleted because, although acceptable, it is covered by existing
entry for “hostels.” 07-25-2013: Acceptable entry status changed from “D”
deleted to “X” example.
039 Tourist office services
On 01-01-2016, this
11-29-2007 entry was deleted because it is indefinite/overbroad and may
include services in other classes, including Classes 39, 41, and 43. This
wording is no longer acceptable under Nice 10-2016.
022 Tow
1-15-2015: A tow is a short or broken fiber
(as of flax, hemp, or synthetic material) that is used especially for yarn,
twine, or stuffing.
020 Towel holders
1-10-08 Goods transferred from
Class 21 because they are more in the nature of racks which are in Class
20.1-17-08 Item deleted because it includes towel rings and rails that are in
Class 21 in the Nice Agreement
020 Towel racks
Transferred from Class 21 to be in
the same class with other racks that are in Class 20
020 Towel racks and towel holders
Deleted because
towel holders includes towel rings and rails and these are in Class 21 in the
Nice Agreement.
020 Towel stands [furniture]
On 01-01-2015, this
01-01-2007 entry was amended from “Towel closets [furniture]” to “Towel stands
[furniture]” in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015.
028 Toy boxes
These are boxes used as toys - often
nesting boxes that fit inside each other. Toy boxes used for storing toys are
considered furniture and are classified in Class 20. (Note added 8/10/06)
028 Toy glow sticks
Toy glow sticks are classified as
playthings in Class 28. Chemically-activated light sticks are classified as
lighting apparatus in Class 11 because the goods are for illumination.
012 Toy hauler trailers
These goods are trailers used
to carry smaller vehicles, such as motorcycles and snowmobiles.
028 Toy model hobby craft kits for constructing toy model
landscapes, scenery, and action figures
On 04-28-2016, this
05-13-2010 entry was deleted pursuant to the April 30, 2016 update to TMEP
Section 1401.05(a).
028 Toy model hobbycraft kits
On 04-28-2016, this
01-10-1994 entry was deleted pursuant to the April 30, 2016 update to TMEP
Section 1401.05(a).
028 Toy spring horses
Toy spring horses consist of a
rideable horse supported by a frame with four springs, one at each corner of
the frame.
016 Tracing cloth
Tracing cloth is in the Nice
Alphabetical List in Class 16.
045 Tracking and iris or retina scanning as means of
identifying pets
On 08-09-2012, this 08-01-2004 entry was deleted
because it is confusing, and because the justification for including them in
Class 45 is unclear.
045 Tracking and monitoring regulatory requirements in the
field of {indicate field or subject matter, e.g., air pollution,
transportation, etc.} for regulatory compliance purposes
08-09-2012:
Monitoring services are generally classified according to their purpose, e.g.,
for business purposes in Class 35, for quality control purposes in Class 42,
etc. These services are for legal compliance purposes and therefore, they are
in Class 45.
035 Tracking and monitoring insurance compliance for business
purposes
On 08-09-2012, this 06-01-2001 entry was modified by
inserting “for business purposes” to make clear the nature of the services and
the justification for classifying them in Class 35.
045 Tracking services for retrieval of encoded products that
have been lost or stolen
This entry was transferred from Class 42 to
Class 45 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement. On 8-9-2012, the 01-01-2002 entry was modified
by inserting “that have been lost or stolen” to make clear the nature of the
services and the justification for classifying them in Class 45 as “security
services for the protection of property,” see the Class 45 Heading.
035 Tracking student performance for educational
administration purposes
On 08-09-2012, the 02-09-2007 entry was
modified by deleting “Educational course monitoring, namely,” and inserting
“for educational administration purposes” to make clear the nature of the
services. This amended entry was also transferred to Class 35 because
monitoring services are generally classified according to the purpose of the
activity, and educational administration services are in Class 35.
045 Tracking, locating and monitoring services for recovering
lost animals
08-09-2012: These services are in Class 45 because they
are comparable to “security services for protecting property or individuals,”
see the Class 45 Heading.
012 Traction engine
This is a steam-powered
locomotive.
028 Traction pads for sports equipment boards, namely,
{specify, e.g., surfboards, body boards, paddleboards, etc.}
On
01-01-2016, this 12-20-2012 entry was modified to replace “paddle boards” with
“paddleboards” in order to align the spelling of the term with other Manual
entries.
007 Tractor-towed baseball infield drag mats
Tractor-towed baseball infield drag mats are typically comprised of flexible
steel mesh, attached to tractors, and pulled across baseball infields for
smoothing and maintaining the dirt. These goods are classified in Class 7
because their function is similar to harrows, which are in the Nice
Alphabetical List in Class 7.
045 Trademark monitoring [legal services]
On
07-26-2012, this 04-02-1991 entry was modified by inserting the bracketed
wording and transferring from Class 35 to Class 45 because “Intellectual
property watching services” is in the Alphabetical List in Class 45.
045 Trademark watch services
Transferred from Class
42 pursuant to 9th edition of Nice Agreement
028 Traditionally dressed {indicate specific nationality or
ethnicity, e.g., Japanese, African, Indian, Inuit, etc.} dolls
Traditionally dressed dolls is an acceptable identification in Class 28;
further specification as to the nationality or ethnicity of the doll is
acceptable, but it is not required.
030 Trail mix consisting primarily of granola, and also
including {indicate other components, e.g., dried fruit, chocolate, processed
nuts, etc.}
Trail mix composed primarily of granola is classified in
Class 30 because the primary component of the mix is classified in Class 30.
Trail and snack mixes are classified according to the classification of the
primary component(s) of the mixes.
029 Trail mix consisting primarily of processed nuts, and also
including {indicate other ingredients included in the goods, e.g., seeds,
dried fruit, chocolate, etc.}
08-01-2013: Acceptable entry status
changed from “A” added to “X” example.
030 Trail mix consisting primarily of pretzels, popcorn, and
crackers, and also including {indicate other components, e.g., dried fruit,
chocolate, processed nuts, etc.}
Trail mix composed primarily of
pretzels, popcorn, and crackers is classified in Class 30 because the primary
components of the mix are classified in Class 30. Trail and snack mixes are
classified according to the classification of the primary component(s) of the
mixes.
012 Trailer hitches for vehicles
Trailer hitches is
acceptable wording; further specification is acceptable, but it is not
required.
007 Trailer mounted hydraulic jacks
Moved from Class
12 to 7 - no good justification for a hydraulic jack to be in a class other
than 7.
028 Train set accessories, namely, artificial trees, turf,
foliage, ballast, lichen and grass
On 11-10-11 this 10-01-94 entry
was amended to change “&” to “and”
028 Training apparatus for boxing, martial arts, and similar
sports
On 02-28-2013, the 05-01-08 entry was deleted because it is
overbroad and includes computer hardware and software-based goods in Class 9
and sports articles in Class 28. General descriptions of sports training
devices are indefinite and must provide sufficient information about the
function and/or purpose of the goods to support classification in Class 9 as
electronic or computer software-based training apparatus or Class 28 as sports
articles.
041 Training services in the field of {indicate field or
subject matter}
11-12-2015: Personal training services and personal
trainer services involve physical fitness programs and instruction for others
in Class 41, while athletic training services are health care services in
Class 44.
005 Transdermal drug delivery patches sold without
medication
This entry was deleted because this would be considered
medical apparatus in Class 10 since it does not contain medication. The
following entries were added at the time this one was deleted: Transdermal
patches for use in the treatment of [indicate specific disease or condition]
in Class 5, Transdermal drug delivery patches sold without medication in Class
10.
005 Transdermal patches featuring {specify drug or medication
and purpose, e.g., smoking cessation preparations, caffeine for use as a
stimulant, vitamins for increasing energy, etc.}
These goods are drug
delivery patches impregnated or containing medication or other therapeutic
preparations. Transdermal patches sold without medication are classified in
Class 10.
038 Transmission and delivery of {indicate type of data, e.g.,
digital music, satellite images, etc.} via {indicate broadcast medium, e.g.,
cable television, wireless communication networks, the internet, etc.}
Electronic transmission and delivery of data is acceptable wording;
further specification is acceptable, but it is not required.
001 Transmission fluid
Reclassification under the 8th
edition of the Nice Agreement.
038 Transmission of audio and video tethered downloads
Transmission of audio and video tethered downloads are telecommunications
services, not content-based services. Transmission services are classified in
Class 38 based on the nature of the activity, and not according to the subject
matter of the material being transmitted. For information about identifying
and classifying telecommunications services, see TMEP §1402.11(a)(iii).
Tethered downloads are computer files that feature conditions or limitations
as to the use of the files, such as restrictions in the ability to copy the
files or requirements for periodic payments to use the files.
038 Transmission of greeting cards online
On
07-10-2014, the following note was added: This service is strictly a
telecommunications service and not a content-based service. Please note for
used-based applications, the specimens must show that the underlying service
is that of transmitting the greeting cards, similar to the service of an
internet service provider (ISP).
038 Transmission of information and images relating to
pharmaceuticals, medicine and hygiene
10-27-11 Since this is strictly
a telecommunications service and not a content-based service, specification of
the subject matter is acceptable but it is not required. Please note that for
use-based applications, the specimens and/or application must show that
underlying service is that of transmitting the information, similar to the
service of an ISP, and not the content providing service which is classified
by subject matter
001 Transmission oils
On 06-07-2012, this 07-01-2010
entry was transferred from Class 4 to Class 1 because “Transmission fluid” is
in the Alphabetical List in Class 1, and the Internet evidence shows that
“transmission fluid” and “transmission oil” are often used interchangeably,
and automatic transmission fluids are in the nature of oils.
017 Transparent, metallized plastic barrier films used as
packaging for food and used as industrial or commercial non-food packing
On 07-18-2013, this 08-01-2004 entry was deleted because it is broad
enough to encompass goods in Class 16. Plastic films and sheets are generally
classified according to function or purpose of the goods: Class 16 for
“wrapping or packaging” purposes, and Class 17 for “packing” or non-wrapping
purposes, as well as plastics in extruded form for use in further manufacture.
The identification should indicate the purpose of the goods for proper
classification.
039 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 seller.
012 Transport chairs
Transport chairs are wheeled
chairs that are often smaller and lighter than traditional wheel chairs.
039 Transport services for sightseeing tours
Effective January 1, 2016, the Nice Alphabetical List term “sightseeing
[tourism]” was changed to “transport services for sightseeing tours” in Class
39. This wording is acceptable under current USPTO policy.
039 Transportation of goods, passengers and travellers by
air
11-17-2011: While this wording is still acceptable, the
11-29-2007 entry is being deleted because it is already covered by the
existing Manual entries “Transport of persons and goods” and “Air transport”
in Class 39.
039 Transportation of passengers and/or goods by {indicate
specific means, e.g. air, boat, rail, bus}
Transportation of
passengers and goods is acceptable wording in Class 39; further specification
as to the specific means of transportation is acceptable, but is not required.
10-24-2013: Acceptable entry changed from “A” accepted to “X” example
status.
044 Transtelephonic heart monitoring services
This
entry was transferred from Class 42 to Class 44 due to the restructuring of
Class 42 that was implemented in the 8th edition of the Nice Agreement. On
08-09-2012, the word “Transtelephone” was changed to “Transtelephonic” to be
more precise.
037 Trash clean-up
This service is a cleaning
activity, for example, after a parade or other public event. It does not
involve the transport of the trash - that is in 39. This only involves picking
it up and collecting it in a centralized location for transport. 01-01-2016:
On 01-01-2016, this 04-02-1991 entry was modified from “Trash collection
[refuse clean-up]” to “Trash clean-up” in order to clarify the nature of the
services and the justification for their classification in Class 37. Under
Nice 10-2016, “collection of recyclable goods [transport]” was added to the
Alphabetical List in Class 39.
021 Trash containers of {specify material composition, e.g.,
metal, non-metal, etc.} for household use
“Trash containers for
household use” is an acceptable identification without reference to material
composition. However, identification of material composition may be required
during examination of marks that feature such terminology. See TMEP
§1203.02(f)(i) for further information.
044 Trauma therapy utilizing integrated dance, movement and
music for children exposed to violence
Trauma therapy is acceptable
wording in Class 44; further specification as to the particular group or
individuals receiving the therapy is acceptable, but it is not required.
039 Travel agencies
Entry is too broad. A travel
agency performs services besides making travel arrangements. These other
services are in classes other than Class 39, e.g., making hotel reservations,
a common travel agency activity, is in Class 42.
039 Travel agencies (Wholesale)
Entry is too broad. A
travel agency performs services besides making travel arrangements. These
other services are in classes other than Class 39, e.g., making hotel
reservations, a common travel agency activity, is in Class 42.
043 Travel agency services, namely, making reservations and
booking for temporary lodging
This entry was transferred from Class
42 to Class 43 due to the restructuring of Class 42 that was implemented in
the 8th edition of the Nice Agreement.
043 Travel agency services, namely, making reservations and
booking for temporary lodging for other travel agencies, travel suppliers, and
corporations, via on-line computer networks
On 10-6-2011, this
4-16-2009 was deleted because, although acceptable, it is too specific to be
of use to a broad range of customers. 08-29-2013: Acceptable entry status
changed from “D” deleted to “X” example.
039 Travel agency services, namely, making reservations and
bookings for transportation for {indicate, e.g., dogs, tourists, etc.}
11-17-2011: Amended the 05-31-2007 entry by replacing “for dogs” with
“for {indicate, e.g., dogs, tourists, etc.}” to make it useful to a more broad
range of users. 09-05-2013: “Making reservations and bookings for
transportation” is acceptable wording in Class 39. Further specification of
the group(s) to whom the services are directed is acceptable, but not
required. Status of entry changed from “M” modified to “X” example.
039 Travel and transport information service
On
01-01-2013, the 07-20-2004 entry was modified by deleting “tour” and inserting
“transport” because “tour information services” is overbroad and includes
services in Class 39 and Class 41.
018 Travel bags
Note that bags that are fitted to
carry a particular item are classified with the 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.
039 Travel courier and travel guide services
11-17-2011: While this wording is still acceptable, the 11-29-2007 entry is
being deleted from the Manual because it is covered by the existing entries
“Courier services” and “Travel guide services” in Class 39.
039 Travel demand management service, namely, providing
customized driving instructions through use of an on-line parking reservation
system
11-17-2011: While this wording is still acceptable, the
specifically worded 11-23-2006 entry is being deleted from the Manual because
it is covered by the existing entry “Providing customized driving directions”
in Class 39. 07-25-2013: Acceptable entry status changed from “D” deleted to
“X” example.
039 Travel guide services
11-17-2011: This wording
appears in the Nice Alphabetical List. It refers to travel guide services, or
services provided by a guide who accompanies others on their travel tours.
01-01-2016: Travel guide services refers to services provided by a guide who
accompanies others while travelling. This 01-01-2016 Note supersedes the
previous Note which incorrectly indicated that “Travel guide services” is a
Nice Alphabetical List indication.
039 Travel information services, namely, providing a web site
that notifies people when someone is due back from a trip but has not yet
arrived
11-17-2011: Deleted the 03-01-2007 entry because it is
ambiguous; it appears that the Class 39 entry may include services in Classes
38 and 42.
039 Travel ticket reservation service
On 01-01-2013,
the 07-20-2004 entry was modified by deleting “and tour” because “tour ticket
reservation services” is overbroad and includes services in Class 39 and Class
41.
039 Travel tour conducting
On 01-01-2013, this
07-20-2004 entry was modified by inserting the word “Travel” to clarify the
nature of the services and to conform to amendments under the Nice
Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016, this
01-01-2013 entry was deleted because it is unclear whether it encompasses
transport services in Class 39 or guided tour-type services in Class 41. This
wording is no longer acceptable under Nice 10-2016.
039 Travel tour guide services
04-02-1991: This is
the service of a travel tour that is led by an individual guide. On
01-01-2013, this 04-02-1991 entry was modified by inserting the word “Travel”
to clarify the nature of the services and to conform to amendments under the
Nice Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016,
this 01-01-2013 entry was deleted because it is unclear whether the
description encompasses transport services in Class 39 or guided tour-type
services in Class 41. This wording is no longer acceptable under Nice
10-2016.
039 Travel tour operating
On 01-01-2013, this
11-29-2007 entry was modified by inserting the word “Travel” to clarify the
nature of the services and to conform to amendments under the Nice
Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016, this
01-01-2013 entry was deleted because it is unclear whether it encompasses
transport services in Class 39 or guided tour-type services in Class 41. This
wording is no longer acceptable under Nice 10-2016.
039 Travel tour operating and organising
On
01-01-2013, this 11-29-2007 entry was modified by inserting the word “Travel”
to clarify the nature of the services and to conform to amendments under the
Nice Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016,
this 01-01-2013 entry was deleted because it is unclear whether “Travel tour”
refers to transport services in Class 39 or guided tour-type services in Class
41. This wording is no longer acceptable under Nice 10-2016.
039 Travel tour organising
On 01-01-2013, this
11-29-2007 entry was modified by inserting the word “Travel” to clarify the
nature of the services and to conform to amendments under the Nice
Classification, Tenth edition, version 2013. 01-01-2016: On 01-01-2016, this
01-01-2013 entry was deleted because it is unclear whether it encompasses
transport services in Class 39 or guided tour-type services in Class 41. This
wording is no longer acceptable under Nice 10-2016.
039 Travel, excursion and cruise arrangement
On
01-01-2016, this 07-20-2004 entry was deleted, because it is unclear whether
excursion arrangement encompasses making bookings for transportation in Class
39 or arranging recreational or entertainment activities in Class 41. This
wording is no longer acceptable under Nice 10-2016.
036 Travelers' check issuance
11-10-2011: While this
wording is still acceptable, the 04-02-1991 entry is being deleted from the
Manual because it is already covered by the existing entries “Issuing of
travellers' checks” and “Issuing of travelers' cheques” in Class 36.
07-25-2013: Acceptable entry status changed from “D” deleted to “X”
example.
018 Traveling bags
Note that bags that are fitted to
carry a particular item are classified with the 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 Travelling bags
Note that bags that are fitted to
carry a particular item are classified with the 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 Travelling bags [leatherware]
Note that bags that
are fitted to carry a particular item are classified with the 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 Travelling cases of leather
Cases that are fitted
to carry a particular item are classified with the product they are designed
to carry, e.g., eyeglass cases are in Class 9; gun cases in Class 13; and
stationery cases in Class 16.
024 Travelling rugs
12-18-2014 - “Travelling rugs”
are blankets for covering one's lap or legs.
024 Travelling rugs [lap robes]
12-18-2014:
“Travelling rugs” are blankets for covering one's lap or legs.
021 Trays [not of precious metal]
On 2-17-11, the
7-20-2004 Trilateral entry was deleted, because it has proven to be too broad
under USPTO standards for specificity required for an identification of goods
of this type.
021 Trays for domestic purposes, not of metal
On
10-04-2012, this 11-15-2007 entry has been amended from “Non-metallic trays”
to “Trays for domestic purposes, not of metal” to make explicit the basis for
classification in Class 21 as a domestic or household purposed item and not
material composition, based on the Nice entry, “trays for domestic purposes”
in Class 21.
021 Trays for domestic purposes of paper
Transferred
from Class 16 based on “trays for domestic use of paper” in Class 21 in the
Nice Agreement. On 10-04-2012, this 10-05-2006 entry for “Paper trays” has
been amended to “Trays for domestic purposes of paper” to make explicit the
basis for classification in Class 21 as a domestic or household purposed item,
and not material composition.
016 Trays for sorting and counting money
These items,
while specially adapted to accommodate bills or coins, are stand-alone
products and not components of cash registers or money counting and sorting
machines
040 Treatment of materials in the nature of {indicate, e.g.,
metal, stone, etc.} by means of {indicate, e.g., laser beams, cryogenic
processing, etc.}
Although the wording “Treatment of materials”
appears in the Nice Class 40 Heading, the term “Treatment of materials” is
indefinite under current U.S. ID policy. The description must indicate the
type of material being treated or the means of treatment. This
fill-in-the-blank entry permits users to indicate both the type of material
and the means of treatment. The treatment services classified in Class 40
involve transformation of the materials by mechanical or chemical means, per
the Nice Class 40 Heading, not simply application of protective coatings to
the surface of materials, for example, which would be classified in Class
37.
040 Treatment of materials by means of {indicate, e.g., laser
beams, cryogenic processing, etc.}
Although the wording “Treatment of
materials” appears in the Nice Class 40 Heading, the term “Treatment of
materials” is indefinite under current U.S. ID policy. The description must
indicate the type of material being treated or the means of treatment. The
treatment services classified in Class 40 involve transformation of the
materials by mechanical or chemical means, per the Nice Class 40 Heading, not
simply application of protective coatings to the surface of materials, for
example, which would be classified in Class 37.
040 Treatment of materials in the nature of {indicate, e.g.,
metal, stone, etc.}
Although the wording “Treatment of materials”
appears in the Nice Class 40 Heading, the term “Treatment of materials” is
indefinite under current U.S. ID policy. The description must indicate the
type of material being treated or the means of treatment. The treatment
services classified in Class 40 involve transformation of the materials by
mechanical or chemical means, per the Nice Class 40 Heading, not simply
application of protective coatings to the surface of materials, for example,
which would be classified in Class 37.
003 Treatment preparations for use on vehicle wheels and wheel
covers
11-28-2013: Entry status changed from “A” added to “X”
example.
031 Tree growing kits composed primarily of seeds and also
including peat pots and peat pellets
08-01-2013: Acceptable entry
status changed from “A” added to “X” example.
044 Tree nurseries
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
044 Tree surgery
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
010 Trocars
Trocars are surgical instruments used to
remove fluid from body cavities.
006 Trophies of common metal for use as awards
The
term “awards” is indefinite and overbroad, and the nature of the awards must
be indicated for both likelihood of confusion and classification purposes. In
this case, the awards are in the nature of trophies of common metal, and
trophies are classified according to material composition under USPTO ID
policy. Therefore, “Trophies of common metal for use as awards” are in Class
6 based on the material composition of the goods. The purpose of the trophies,
“for use as awards,” does not determine classification of the goods.
009 Truck scales
Truck scales are a large set of
scales, usually mounted permanently on a concrete foundation, that are used to
weigh road vehicles and their contents.
042 Truck stops
Identification too broad due to the
restructuring of Class 42 in the 8th edition of the Nice Agreement. Specific
services must be specified and classified appropriately.
012 Trucks and structural parts therefor
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
022 Trunks for storage
All trunks are classified in
Class 18 since they are primarily used as luggage for travel purposes.
007 Tubing mills for metalworking
On 06-25-2015, this
07-20-2004 entry was modified to incorporate the bracketed wording “[for
metalworking]” into the identification in order to clarify the purpose of the
goods.
019 Tufa
Tufa is a porous rock formed as a deposit
from springs or streams.
024 Tulle
Tulle is a fine, often starched net of
silk, rayon or nylon used especially for veils, tutus or gowns.
029 Tuna fish
On 5-23-2013, the 4-2-1991 entry has
been deleted because it is overly broad. The identification should indicate
whether the fish are live or not live for classification purposes. Live tuna
fish are classified in Class 31. Tuna fish which are not live are classified
in Class 29.
029 Tuna fish, not live
On 1-31-2013, the 7-20-2004
entry “Tuna fish [not live]” was modified to incorporate the bracketed wording
into the identification. Live tuna fish are classified in Class 31.
025 Tuques
05-21-2015: A tuque is a warm knitted
usually pointed stocking cap.
030 Turbinado sugar
Turbinado sugar is a minimally
processed form of cane sugar.
011 Turbine ventilators [ventilation apparatus]
Although turbines are generally classified as machines in Class 7, turbine
ventilators are typically found on roofs and function as ventilators for
attics and other building components. These ventilation apparatus operate
using a turbine mechanism. The turbine ventilators are classified in Class 11
based on their primary function and purpose as ventilation apparatus.
007 Turbocompressors
Turbocompressors are used as
engine parts and machine parts for compression and injection of gases.
029 Turkey
12-01-2016 - When used in singular form,
“chicken,” “turkey,” “pheasant” and “quail” are acceptable identifications in
Class 29 based on the wording “meat, fish, poultry and game” in the Class 29
Heading. However, in the plural form, “chickens,” “turkeys,” “pheasants” and
“quails” are indefinite and overbroad because the identifications encompass
live animals in Class 31.
030 Turkish delight
Turkish delight is a type of
candy made of thick jelly that is cut into pieces and covered with sugar.
030 Turmeric for food
On 08-08-2013, the 07-31-2008
entry “Turmeric” was amended to add the words “for food” to clarify the use of
the goods. “Turmeric” is indefinite, because it is broad enough to encompass
goods more than one class. Please note that turmeric used as a colorant is
classified in Class 2.
002 Turmeric used as a colorant
Turmeric is a dye
extracted from the turmeric plant.
019 Turnstiles, not of metal
On 5-9-2013, this entry
of 1-1-2012 was amended to add a comma after “turnstiles” to match a
Trilateral approved identification.
002 Turpentine for use as paint thinner
On
04-10-2014, this 04-12-1999 entry for “turpentine [thinner for paints] was
modified to the current wording to make clear the rationale for classification
in Class 2.
041 Tutoring at cram schools
Cram schools are schools
that teach accelerated curricula to prepare students to take academic entrance
examinations and standardized tests.
045 Tuxedo rental
This entry was transferred from
Class 42 to Class 45 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
025 Twin sets
05-21-2015: A twin set is a matched
sleeveless or short –sleeved sweater and cardigan sold to be worn
together.
012 Two-wheeled trolleys
Trolleys is acceptable
wording; further specification is acceptable, but it is not required.
010 Tympanostomy tubes
Tympanostomy tubes are
surgically inserted into the eardrum to create airways in the middle ear and
prevent accumulation of fluid.
007 Typecasting machines
These machines function
similar to printing presses.
040 Typesetting
These services were transferred to
Class 40 due to the restructuring of Class 42 that was implemented in the 8th
edition of the Nice Agreement. This entry and other printing-related services
were transferred to Class 40 as a result of the restructuring.
020 Typing desks
Desks is acceptable wording; further
specification is also acceptable, but it is not required.
007 Typographic presses
These machines function
similar to printing presses.
040 Typography
8/7/08 - Services transferred from
Class 42 based on printing services in Class 40 in the 9th edition of the Nice
Agreement.
002 Ultramarine dyes
Ultramarine dye is a blue
pigment, and “Pigments” is in the Nice Alphabetical List in Class 2.
028 Umpire brushes
Although cleaning brushes are
generally classified in Class 21, umpire brushes are classified as sporting
articles in Class 28 because they are used by the baseball or softball umpire
during the course of the game for dusting off home plate and field bases,
which improves accuracy of the umpire's determinations.
045 Undertaking [funerary services]
This entry was
transferred from Class 42 to Class 45 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
012 Underwater remotely operated vehicles (ROVs) for
transport
This entry should not be used for remotely operated toy
vehicles that are in Class 28.
025 Underwear, namely, boy shorts
On 01-08-2015, the
status of this entry was changed from “A”- Added to “X” - Example. Underwear
is acceptable wording; further specification is acceptable, but it is not
required.
036 Unemployment benefit claims processing
Unemployment benefits are provided under Federal and State Unemployment
Insurance programs. Thus, processing claims for unemployment benefits are
analogous to processing insurance claims.
001 Unexposed dry films
Dry films are coated films
which are sensitive to ultraviolet light and are commonly used in the
manufacture of printed circuit boards.
009 Unfilled ink cartridges for photocopy machines or computer
printers
On 06-25-2015, the status of this entry was changed from
“A-Added” to “X-Example.” 07-01-2004 - Filled ink cartridges for photocopy
machines or computer printers are in Class 2.
009 Unfilled toner cartridges for printers
Unfilled
toner cartridges is acceptable wording; further specification is acceptable,
but it is not required.
009 Unfilled toner cartridges for photocopiers
Unfilled toner cartridges is acceptable wording; further specification is
acceptable, but it is not required.
017 Unfitted covering sheets made of polyethylene and other
polymers for storing and transporting lumber, building materials and other
similar commercial and industrial products
On 07-10-2014, this
11-20-2008 entry was amended from, “Unfitted covering sheets and wraps made of
polyethylene and other polymers for storing and transporting lumber, building
materials and other similar commercial and industrial products,” to delete the
words “and wraps” from the ID. “Plastic packaging wraps for commercial or
industrial purposes” are classified in Class 16.
024 Unfitted coverings of plastic for furniture
2-4-10 - The 5-10-07 entry was changed to add “unfitted” before “coverings” in
order to avoid confusion with fitted furniture covers in Class 20.
022 Unfitted covers for boats and marine vehicles
9-10-09 - Entry from 2-9-07 transferred from Class 24 based on entry in Nice
Agreement for “Vehicle covers, not fitted” in Class 22 and to be consistent
with entry in US Manual for “unfitted vehicle covers” in Class 22.
022 Unfitted liners for the cargo area of vehicles [in the
nature of a tarp]
06-17-10 These goods are in Class 22 because the
goods are in the nature of a tarp.
022 Unfitted liners of flexible vinyl for hot tubs, swimming
pools, ponds, spas and industrial tanks [in the nature of a tarp]
06-17-10 Inserted “[in the nature of a tarp]” to clarify the nature of the
goods; the nature of the goods justifies classifying them in 22.
029 Unformed textured vegetable protein for use as a meat
extender
1-1-2012 While this entry of 4-2-1991 is still acceptable,
it is being deleted because it is covered by the existing entry “Textured
vegetable protein for use as a meat extender” in Class 29.
016 Ungraduated rulers
Graduated rulers are in Class
9.
004 Unity candles
Unity candles are candles which are
commonly used during wedding ceremonies. Candles is acceptable wording;
further specification is acceptable, but it is not required.
009 Universal disc players
A universal disc player is
a machine that plays CDs, SACDs, DVD-Vs, DVD-As, and other HD formats.
009 Unloading check valves for the outlets of air
compressors
Note that manually operated metal valves are in Class 6;
valves being machine parts and engine valves for vehicles and machinery are in
Class 7; valves for plumbing 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.
001 Unprocessed acrylic resins
On 05-02-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to distinguish it
from the semi-processed acrylic resins in Class 17. “Acrylic resins” is
overbroad and must be specified as unprocessed or semi-processed for
classification purposes.
031 Unprocessed agar (Tengusa seaweed)
10-31-2013 -
This entry refers to unprocessed seaweed, which is consumed by humans (similar
to fresh fruits or vegetables) in certain Asian cultures.
001 Unprocessed artificial and synthetic resins
On
06-13-2013, this 11-08-2007 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
001 Unprocessed composite carbon epoxy resins
On
06-13-2013, this 10-01-2005 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
001 Unprocessed composite carbon epoxy resins for {indicate
specific use or application}
On 06-13-2013, this 10-01-2005 entry was
modified by inserting “Unprocessed” to make clear the nature of the goods and
comply with the guidance in the Nice Alphabetical List. Unprocessed synthetic
resins and unprocessed artificial resins appear in the Nice Alphabetical List
in Class 1. Semi-processed resins are classified in Class 17.
001 Unprocessed epoxy resins
On 06-13-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed epoxy resin dispersion for the preparation of
clear coats, enamels and primers
On 06-13-2013, this 08-01-2004 entry
was modified by inserting “Unprocessed” to make clear the nature of the goods
and comply with the guidance in the Nice Alphabetical List. Unprocessed
synthetic resins and unprocessed artificial resins appear in the Nice
Alphabetical List in Class 1. Semi-processed resins are classified in Class
17.
001 Unprocessed fluoropolymer resin for use in extrusion and
molding
On 06-13-2013, this 06-01-2001 entry was modified by
inserting “Unprocessed” to make clear the nature of the goods and comply with
the guidance in the Nice Alphabetical List. Unprocessed synthetic resins and
unprocessed artificial resins appear in the Nice Alphabetical List in Class 1.
Semi-processed resins are classified in Class 17.
031 Unprocessed grains, namely, {indicate specific type, e.g.,
barley, sorghum, millet, etc.}
Unprocessed grains is acceptable
wording; further specification is acceptable, but it is not required.
031 Unprocessed khorasan wheat
“Unprocessed khorasan
wheat” is the generic term for KAMUT®, a registered trademark (i.e., U.S. Reg.
No. 1601175 for “unprocessed wheat grain” in International Class 31) that
should not be used in an identification of goods or services as a generic
term.
001 Unprocessed melamine resins
On 06-13-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
002 Unprocessed natural resins for use in the manufacture of
adhesives
On 05-30-2013, this 04-02-1991 entry was modified by
inserting “Unprocessed” to make clear the nature of the goods and comply with
the guidance in the Nice Alphabetical List.
002 Unprocessed natural resins
On 05-30-2013, this
11-08-2007 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List.
001 Unprocessed phenolic resins
On 06-13-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed polyamide resins
On 06-13-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed polyester resins
On 06-13-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed polyethylene resins
On 06-13-2013,
this 07-20-2004 entry was modified by inserting “Unprocessed” to make clear
the nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear in
the Nice Alphabetical List in Class 1. Semi-processed resins are classified in
Class 17.
001 Unprocessed polymer resins used in the manufacture of
resin or fiber composites
On 06-13-2013, this 08-31-2006 entry was
modified by inserting “Unprocessed” to make clear the nature of the goods and
comply with the guidance in the Nice Alphabetical List. Unprocessed synthetic
resins and unprocessed artificial resins appear in the Nice Alphabetical List
in Class 1. Semi-processed resins are classified in Class 17.
001 Unprocessed polypropylene resins
On 06-13-2013,
this 07-20-2004 entry was modified by inserting “Unprocessed” to make clear
the nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear in
the Nice Alphabetical List in Class 1. Semi-processed resins are classified in
Class 17.
001 Unprocessed polystyrene resins
On 06-13-2013,
this 07-20-2004 entry was modified by inserting “Unprocessed” to make clear
the nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed polyurethane resins
On 06-13-2013,
this 07-20-2004 entry was modified by inserting “Unprocessed” to make clear
the nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed polyvinylidene chloride resins
On
06-13-2013, this 07-20-2004 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
001 Unprocessed polyvinyl acetate resins
On
06-13-2013, this 07-20-2004 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
001 Unprocessed polyvinyl chloride resins
On
06-13-2013, this 07-20-2004 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
001 Unprocessed silicone resins for use in the manufacture of
personal care and cosmetic compositions
On 06-13-2013, this
12-01-2005 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed silicone resins
On 06-13-2013, this
07-20-2004 entry was modified by inserting “Unprocessed” to make clear the
nature of the goods and comply with the guidance in the Nice Alphabetical
List. Unprocessed synthetic resins and unprocessed artificial resins appear
in the Nice Alphabetical List in Class 1. Semi-processed resins are
classified in Class 17.
001 Unprocessed synthetic resins for {indicate specific use or
industry}
On 06-13-2013, this 05-19-2011 entry was modified by
inserting “Unprocessed” to make clear the nature of the goods and comply with
the guidance in the Nice Alphabetical List. Unprocessed synthetic resins and
unprocessed artificial resins appear in the Nice Alphabetical List in Class 1.
Semi-processed resins are classified in Class 17.
001 Unprocessed synthetic resins for use in manufacturing
cosmetics
On 06-13-2013, this 03-01-2007 entry was modified by
inserting “Unprocessed” to make clear the nature of the goods and comply with
the guidance in the Nice Alphabetical List. Unprocessed synthetic resins and
unprocessed artificial resins appear in the Nice Alphabetical List in Class 1.
Semi-processed resins are classified in Class 17.
001 Unprocessed synthetic resins for use in the manufacture of
molding compounds
On 06-13-2013, this 04-02-1991 entry was modified
by inserting “Unprocessed” to make clear the nature of the goods and comply
with the guidance in the Nice Alphabetical List. Unprocessed synthetic resins
and unprocessed artificial resins appear in the Nice Alphabetical List in
Class 1. Semi-processed resins are classified in Class 17.
001 Unprocessed synthetic resin compounds in the form of
microspheres used to incorporate various other substances
On
06-13-2013, this 08-06-2001 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
001 Unprocessed synthetic resins for use in the manufacture of
plastic molding compounds
On 06-13-2013, this 04-02-1991 entry was
modified by inserting “Unprocessed” to make clear the nature of the goods and
comply with the guidance in the Nice Alphabetical List. Unprocessed synthetic
resins and unprocessed artificial resins appear in the Nice Alphabetical List
in Class 1. Semi-processed resins are classified in Class 17.
031 Unprocessed teff
Teff is an annual cereal grass
that is grown for its small grain, which yields a white flour, and as a forage
and hay crop.
001 Unprocessed thermoplastic resins with natural fiber
On 06-13-2013, this 02-19-2009 entry was modified by inserting
“Unprocessed” to make clear the nature of the goods and comply with the
guidance in the Nice Alphabetical List. Unprocessed synthetic resins and
unprocessed artificial resins appear in the Nice Alphabetical List in Class 1.
Semi-processed resins are classified in Class 17.
001 Unprocessed thermoplastic compounds, thermoplastic
elastomer resins and thermoplastic concentrates for use in manufacturing in a
wide variety of industries
8-12-2010 - The phrase “in liquid form”
has been deleted from the 10-01-2004 ID and the term “unprocessed” introduced
at the beginning of the ID. So long as the compounds, resins and concentrates
are unprocessed, they are in Class 1 regardless of their form or state.
001 Unprocessed urea-formaldehyde resins
On
06-13-2013, this 07-20-2004 entry was modified by inserting “Unprocessed” to
make clear the nature of the goods and comply with the guidance in the Nice
Alphabetical List. Unprocessed synthetic resins and unprocessed artificial
resins appear in the Nice Alphabetical List in Class 1. Semi-processed resins
are classified in Class 17.
030 Unroasted coffee
8/7/08 - Goods transferred from
Class 31 based on entry in Alphabetical List of the Nice Agreement. Rationale
- unroasted coffee has been picked, removed from the pod and dried so there
has been processing that has taken place before roasting.
042 Update of computer software
On 5-5-2011, this
2-3-2009 entry was deleted because it is similar to another Manual entry for
“Updating of computer software for others”
035 Updating and maintaining business contact information via
the Internet
This entry replaces a previous entry related to “address
change notification services” that was deleted because it was ambiguously
worded in Class 35.
035 Updating and maintenance of data in computer databases
1-01-2014 Services involving “Updating and maintenance of data in
computer databases“ are classified in Class 35, pursuant to the Nice
Classification, Tenth edition, version 2014, effective 1-1-14. On 1-23-2014,
this Note was further clarified to make clear that this service involves
updating and maintenance of only the “data“ within computer databases, and is
comparable to “computerized database management“ classified in Class 35. The
service of updating and maintenance of database systems, which refers
collectively to the database model, database management system (a software
system designed to allow the definition, creation, querying, update, and
administration of databases) and database content, remains in Class 42.
042 Updating, design and rental of software
On
07-04-2013, the status of this entry was changed from “D” Deleted to “X”
Example to indicate that it is an example of acceptable wording under current
USPTO policy. “Rental of software” and “Rental of computer software” are
acceptable recitations of services in Class 42 under current USPTO policy. On
5-5-2011, this 11-29-2007 entry was deleted because rental of software is
broad enough to encompass rental of computer game software
017 Urethane-based sealants for construction particularly for
use in glazing, siding and trim
On 01-17-2013, the wording “and
adhesives” was deleted from the 12-01-2005 entry because “Adhesives for
industrial purposes” is in the Nice Alphabetical List in Class 1, and that
entry covers construction industry adhesives. “Sealant compounds for joints”
is in the Nice Alphabetical List in Class 17 and covers the goods described in
this entry.
010 Urinals being vessels for medical purposes
On
11-12-2015, this 07-20-2004 entry was modified to replace “[for medical
purposes]” with “being vessels for medical purposes” in order to clarify the
nature and purpose of the goods and to align the entry more closely with the
language used in the Nice Alphabetical List. “Urinals [vessels]” appears in
the Nice Alphabetical List in Class 10 based on the wording “medical ...
apparatus and instruments” in the Class 10 Class Heading. “Urinals [sanitary
fixtures]” appears in the Nice Alphabetical List in Class 11 based on the
wording “apparatus for ... sanitary purposes” in the Class 11 Class
Heading.
009 User interfaces, namely, {indicate specific device, e.g.,
keyboards, electric control panel, touchscreen, etc.} for electrotechnical and
electronic devices [excluding gaming apparatus]
On 12-06-2012, this
06-26-2008 entry “User interfaces for electrotechnical and electronic devices”
was amended to make explicit the rationale for classification in Class 9. As
previously written, the ID could be interpreted as including user interfaces,
such as controllers for gaming devices in Class 28. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class Heading.
035 Utilization and review of {indicate specific area}
The language for this service is vague. It is not clear what is
encompassed in this activity.
020 U-shaped pillows
Pillows is acceptable wording;
further specification is acceptable, but it is not required.
007 Vacuum cleaner bags
This item was added to the
8th edition of the Nice Agreement in Class 7. Therefore, this entry had to be
transferred from Class 16 to Class 7 in the US ID Manual.
021 Valet trays [valet boxes]
Valet trays [valet
boxes] are classified in Class 21 because the goods function as “Containers
for household or kitchen use,” which appears in the Nice Alphabetical List in
Class 21.
035 Value-added reseller services, namely, distributorship
services featuring industrial recycling processing and handling equipment
On 11-3-2011, this 3-25-2010 entry was deleted because it is covered by
the existing fill-in entry for “Value-added reseller services, namely,
distributorship services featuring {indicate field, e.g., computer software,
industrial recycling processing and handling equipment, etc.}”. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
035 Value-added reseller services, namely, distributorship
services featuring computer security and information technology products
On 11-3-2011, this 5-1-2008 entry was deleted because it is covered by
the existing fill-in entry for “Value-added reseller services, namely,
distributorship services featuring {indicate field, e.g., computer software,
industrial recycling processing and handling equipment, etc.}”. 07-25-2013:
Acceptable entry changed from “D” deleted to “X” example status.
035 Value-added reseller services, namely, distributorship
services featuring {indicate field, e.g., computer software, industrial
recycling processing and handling equipment, etc.}
On 11-3-2011, this
12-20-2007 entry was amended from “Value-added reseller services, namely,
distributorship services featuring computer software” to the above fill-in
entry
011 Valves as part of radiators
Class 11 includes
valves for plumbing and heating and cooling installations regardless of
material composition. If not for these purposes, note that manually operated
metal valves are in Class 6; valves being machine parts and engine valves 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
operated valves are in Class 20.
007 Valves being parts of {indicate type of machine} machines
[regardless of material]
Note that manually operated metal valves are
in Class 6; automatic control valves are in Class 9; valves for plumbing 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.
007 Valves being parts of machines
Note that manually
operated metal valves are in Class 6; automatic control valves are in Class 9;
valves for plumbing 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 Valves being parts of fire sprinklers
Class 11
includes valves for plumbing and heating and cooling installations regardless
of material composition. If not for these purposes, note that manually
operated metal valves are in Class 6; valves being machine parts and engine
valves for vehicles and machinery are in Class 7; automatic control valves and
valves which are components of life-saving apparatus, such as fire sprinklers,
are in Class 9; rubber, manually operated valves are in Class 17 and plastic,
manually operated valves are in Class 20.
011 Valves being parts of lawn sprinkler systems
Class 11 includes valves for plumbing and heating and cooling installations
regardless of material composition. If not for these purposes, note that
manually operated metal valves are in Class 6; valves being machine parts and
engine valves 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 operated valves are in Class 20. 02-25-2016: The
identification was amended to add “lawn.” Valves being parts of fire
sprinklers are classified in Class 9.
011 Valves for air conditioners
Class 11 includes
valves for plumbing and heating and cooling installations regardless of
material composition. If not for these purposes, note that manually operated
metal valves are in Class 6; valves being machine parts and engine valves 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
operated valves are in Class 20.
007 Valves for pumps
Note that manually operated
metal valves are in Class 6; automatic control valves are in Class 9; valves
for plumbing 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.
020 Valves of plastic being other than machine parts
Note that manually operated metal valves are in Class 6; valves being machine
parts and engine valves for vehicles and machinery are in Class 7; automatic
control valves are in Class 9; valves for plumbing and heating and cooling
installations are in Class 11; and rubber, manually operated valves are in
Class 17.
017 Valves of rubber or vulcanized fiber [not including
machine elements]
Note that manually operated metal valves are in
Class 6; valves being machine parts and engine valves for vehicles and
machinery are in Class 7; automatic control valves are in Class 9; valves for
plumbing and heating and cooling installations are in Class 11; and plastic,
manually operated valves are in Class 20.
012 Van conversion kits comprised of {indicate components of
kits} to make structural changes to a van
10-03-2013: Entry status
changed from “A” added to “X” example.
012 Van conversions
5/7/10 - The 4/2/91 entry was
deleted because it seemed to indicate a service. It was replaced with “Van
conversion kits comprised of {indicate components of kits} to make structural
changes to an automobile.”
006 Vanadium [metallic element]
Vanadium is a
metallic element and appears in the Nice Alphabetical List in Class 6. On
4-4-2013, the 2-21-2013 entry was amended to insert the bracketed wording for
clarification purposes.
001 Vanadium oxides used as catalysts for chemical
processes
On 4-4-2013, the 2-3-2011 entry “Vanadium” was modified to
“Vanadium oxides used as catalysts for chemical processes” to clarify the use
and nature of the goods. Please note that vanadium is a metallic element, and
“vanadium” appears in the Alphabetical List of the Nice Agreement in Class 6.
Chemicals used in industry or science containing vanadium are classified in
Class 1.
030 Vanilla flavorings for food or beverages
On
01-01-2015, this 09-03-2009 entry was amended to add the wording “for food or
beverages” in compliance with the Nice Classification, Tenth edition, version
2015, effective 01-01-2015. 01-01-2016: “Vanilla flavorings for culinary
purposes” appears in the Nice Alphabetical List in Class 30. Vanilla
flavorings for food or beverages are not essential oils. Essential oils for
food or beverages are classified in Class 3.
003 Vanishing cream
These refer to non-medicated
creams. Medicated creams are in Class 5.
018 Vanity cases sold empty
If sold complete with
personal care implements in Class 21 such as brushes, combs, make-up
applicators etc. the “fitted vanity case” would be in Class 21.
011 Vanity top sinks
Vanity top sink refers to the
integrated sink and countertop component of a vanity. Vanity top sinks are
classified in Class 11 as sanitary installations. Bathroom vanities are
classified in Class 20 as furniture.
012 Vans and structural parts therefor
Note that
parts of all motors and engines such as camshafts, cylinders, cylinder pistons
and other parts essential to the working of motors and engines such as
alternators, belts and carburetors are in Class 7.
041 Vaping lounge services
Vaping lounges are in the
nature of lounges for smoking electronic cigarettes. 05-08-2014: Although
“vaping lounge services” is an acceptable identification, the entry has been
deleted from the ID Manual because it may necessitate an inquiry regarding
lawful use in commerce. See TMEP §907.
021 Vaporizers for perfume sold empty
If sold
complete with perfume, these goods would be in Class 3.
007 Variable speed wash system comprised of a variable speed
motor, pulley and flywheel drive system and sold as an integral component of
clothes washing machines
01-16-2014: Entry status changed from “A”
added to “X” example.
002 Varnish and paint stripping or removing preparations
This entry was deleted from Class 2 because varnish-removing and
paint-stripping preparations are classified in Class 3 in the Nice
Agreement.
010 Vascular occluders
A vascular occluder is a
medical or veterinary device used to close an abnormal opening in the
heart.
021 Vases not of precious metal
Vases is acceptable
wording in Class 21; further specification is also acceptable, but it is not
required. All vases are classified in Class 21 notwithstanding the material
composition.
021 Vases of precious metal
This entry was
transferred from Class 14 to Class 21 pursuant to the 9th edition of the Nice
Agreement.
030 Vegan cookies
02-13-2014: Entry status changed
from “A” added to “X” example.
029 Vegetable paste
11-28-2013 Vegetable paste in
Class 29 is in the nature of processed vegetables. Vegetable pastes used as
seasonings, such as “chili paste used as a seasoning,” are classified in Class
30 because “seasonings” are classified in Class 30.
029 Vegetable protein bits having a bacon flavor
On
1-1-2012, this entry of 4-2-1991 was deleted because the purpose of the goods
is not clear, and it is not acceptable under the Tenth Edition of the Nice
Agreement. Under the Tenth Edition, proteins are generally classified as raw
materials in Class 1, or as dietary supplements in Class 5, depending on how
those goods are specified.
039 Vehicle and boat moving services
“Relocation”
changed to “moving” to avoid confusion with relocation services in 35 which
are more administrative in nature than the actual moving activity.
045 Vehicle and driver telematic services in the nature of
providing information concerning safety risks on driver behavior to consumers
and automobile insurance companies
09-05-2013: Entry status changed
from “A” added to “X” example.
011 Vehicle climate-control system for heating, ventilation
and air-conditioning
On 04-17-2014, this 06-01-2001 entry was amended
from a fill-in-the-blank entry to the current entry for clarity.
042 Vehicle clubs
Identification too broad due to the
restructuring of Class 42 in the 8th edition of the Nice Agreement. Specific
services must be specified and classified appropriately.
002 Vehicle corrosion inhibiting preparations in the nature of
a coating
3/5/09 - “in the nature of a coating” added to ID to avoid
confusion with chemical additives that prevent rust or corrosion that are in
Class 1.
037 Vehicle customization services, namely, installation of
necessary electronic and other emergency equipment into emergency and safety
vehicles
11-17-2011: While this wording is still acceptable, the
specifically worded 05-28-2009 entry is being deleted from the Manual because
it is covered by the existing entry “Automobile customization services” in
Class 37. 09-26-2013: Acceptable entry status changed from “D” deleted to “X”
example.
007 Vehicle dip sticks
3/26/09 - Goods in 2/1/97
entry transferred from Class 12 because a dipstick is an engine part and
engine parts are in Class 7.
009 Vehicle drive training simulators
02-28-2013 -
Driving simulators are in the nature of computer hardware and software-based
apparatus designed to re-create driving conditions so that the user can
practice skills necessary to operate the vehicle under real circumstances.
These goods are classified in Class 9 according to their function as computer
hardware and software, and their purpose as “teaching apparatus” further
supports classification in Class 9.
037 Vehicle painting
02-11-2016: Painting services
are classified in Class 37 as maintenance-type activities for the restoring
objects to their original condition or preserving them without altering their
physical or chemical properties. Painting services in Class 37 do not
encompass custom painting of artwork services, which are classified in Class
41.
007 Vehicle parts, namely, power valve for carburetors
Note that manually operated metal valves are in Class 6; automatic
control valves are in Class 9; valves for plumbing 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.
012 Vehicle parts, namely, {indicate specific type of mirror,
e.g., rear view} mirrors
2-3-11 the original entry from 4-2-1991
“Vehicle parts, namely, mirrors {indicate specific type of mirror, e.g., rear
view}” was amended to move the term “mirrors” to the end of the entry.
017 Vehicle radiator connecting hoses
Transferred
from 7 based on Nice Agreement entries
011 Vehicle reflectors for {indicate use, e.g., boats}
On 01-09-2014, the 06-01-2001 entry was amended to replace “Reflectors”
with “Vehicle reflectors” in order to clarify the nature of the goods for
classification purposes. Please consult the Manual for examples of reflectors
which are classified in other classes. “Vehicle reflectors” is an acceptable
entry in Class 11; further clarification of the type of vehicle is acceptable
but not required. The status of the entry was also changed from “A”-Added to
“X”-Example.
012 Vehicle seat belt height adjusters
A vehicle seat
belt height adjuster re-positions the seat belt for securing a child into the
passenger seat and keeps the belt away from the child's neck and face.
012 Vehicle seat belt presenters
A vehicle seat belt
presenter is an automatic arm for positioning the seat belt within the
driver's grasp to assist with buckling up.
012 Vehicle seat belt pre-tensioners
A vehicle seat
belt pre-tensioner is a seat belt component triggered by sensors that tightens
the belt to prevent or reduce movement of the passenger in the event of a
crash.
012 Vehicle seat belt retractors
A vehicle seat belt
retractor is a seat belt component comprised of a spool for winding up loose
belt webbing.
016 Vehicle tire lettering stickers
Vehicle tire
lettering stickers are typically affixed to the outer walls of vehicle tires
to display messages or logos.
035 Vending in the field of {indicate specific field, e.g.
souvenirs, food, jewelry}
All retail-type services are classified in
Class 35. However, this must be a retail service, not just the sale of goods.
Small stands or kiosks would be covered by this language.
007 Vending machines
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 3-15-1993 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
007 Vending machines for {specify items being sold or
dispensed, e.g., lipstick, soda, candy, etc.}
On 1-1-2012, this Class
9 electric or electrothermic apparatus entry of 6-2-2011 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
005 Vent fresheners for automobiles
On 1-1-2012 this
entry of 3-18-2010 was deleted from Class 5 pursuant to the deletion of “air
freshening preparations” from the 10th Edition of the Nice Agreement. The
phrase, “air freshening preparations,” is used in advertising literature to
refer to both “air fragrancing preparations” in Class 3 and “air deodorizing
preparations” in Class 5, which have distinctly different functions and are
classified in different classes.
011 Ventilation hoods for laboratories
Ventilation
hoods for laboratories are in the Nice Alphabetical List in Class 11.
045 Verifying and monitoring the credentials of {indicate
group, e.g., security guards, etc.} for {indicate venue, e.g., sports
stadiums, etc.} to ensure public safety
Monitoring services in Class
42 typically involve electronic monitoring and observation for quality control
purposes. Monitoring services in Class 45 typically involve observation for
security purposes, e.g., dispatching emergency personnel. Descriptions of
monitoring services for other purposes must indicate the purpose of the
activity and must be classified according to that purpose.
045 Verifying and monitoring the credentials of doctors and
other medical professionals for public safety purposes
This entry was
transferred from Class 35. Since this is a form of a security or safety
activity, it is more appropriate in Class 45. On 08-09-2012, the 12-13-2007
entry was modified by inserting “for public safety purposes” to make clear the
nature of the services and the justification for classifying them in Class
45.
045 Verifying and monitoring the security credentials of event
staff for various private and public sports or entertainment events to ensure
public safety
On 08-09-2012, the 09-27-2007 entry was modified by
inserting “to ensure public safety” to make clear the nature of the services
and the justification for classifying them in Class 45.
035 Verifying and monitoring the credentials of {indicate
professional group, e.g., engineers, lawyers, estheticians, etc.} for business
purposes
Monitoring services in Class 42 typically involve electronic
monitoring and observation for quality control purposes. Monitoring services
in Class 45 typically involve observation for security purposes, e.g.,
dispatching emergency personnel. Descriptions of monitoring services for
other purposes must indicate the purpose of the activity and must be
classified according to that purpose.
001 Vermicompost [humus]
Vermicompost is partially
decomposed organic matter resulting from the use of worms. Vermicompost is
typically used as a fertilizer and soil conditioner.
044 Vermin exterminating for agriculture, horticulture and
forestry
On 06-25-2015, this 07-20-2004 entry was modified by
removing the brackets around “for agriculture, horticulture or forestry” and
changing “or” to “and” to conform with the Nice Classification.
037 Vermin exterminating other than for agriculture, forestry
and horticulture
On 06-25-2015, this 07-20-2004 entry was modified by
removing the brackets around “other than for agriculture, horticulture or
forestry” and changing “or” to “and” to conform with the Nice
Classification.
044 Vermin exterminating for agriculture
On
06-25-2015, this 01-01-2002 entry was modified in a minor way by changing
“extermination” to “exterminating” to make it consistent with other related
entries. 01-01-2002 - This entry was transferred from Class 42 to Class 44 due
to the restructuring of Class 42 that was implemented in the 8th edition of
the Nice Agreement.
037 Vermin extermination other than for agriculture
On 06-25-2015, this 03-15-1993 entry was deleted because it is overbroad and
may include vermin exterminating services for horticulture or forestry
purposes in Class 44.
028 Vertical wind tunnels for sporting and recreational
purposes
On 02-28-2013, this 12-21-2006 was modified by deleting
“Sports equipment, namely, skydiving simulation apparatus in the nature of”
and inserting “for sporting and recreational purposes” to make clear the
nature and purpose of the goods and to make it more broadly applicable.
044 Veterinary consultations provided via {specify, e.g.,
telephone, online chat, e-mail, etc.}
These services are in Class 44
as they encompass consultation activities, which are classified by subject
matter, and rendering consultancy by electronic means does not affect
classification.
010 Veterinary imaging products, namely, digital video camera
connected to a tapered probe useful in viewing ear canals or other cavities of
animals for diagnosis and treatment
10-10-2013: Entry status changed
from “A” added to “X” example.
005 veterinary preparations for veterinary vaccines
This entry was deleted to avoid duplication.
044 Veterinary services
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
044 Veterinary surgery
This entry was transferred
from Class 42 to Class 44 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
009 Vibration sensors for installation in windmill
housings
On 04-02-2015, the 07-20-2004 entry, “Vibration sensors for
installation in wind mill housings” was amended to “Vibration sensors for
installation in windmill housings” to match the TM5 approved entry.
038 Video broadcasting services over the Internet or other
communications network featuring the uploaded, posted and tagged videos of
others
9/11/08 - This service is acceptable in class 38 because it
merely features the uploaded, posted and tagged videos of others. It does not
allow the user of the services to upload, post or tag their own files, which
would be considered a Class 42 computer service.
038 Video broadcasting services over the Internet or other
communications network, namely, electronically transmitting video clips
2-11-10 - The 9-11-08 entry was changed to delete “showing, displaying
and” in order to avoid confusion with Class 41 services.
045 Video dating services
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
041 Video editing
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.
028 Video game consoles
A video game console is a
device that outputs a video signal to display a video game.
028 Video game consoles for use with an external display
screen or monitor
1-1-2012 this entry of 9-27-2007 was transferred
from Class 9 in accordance with 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
028 Video game interactive remote control units
1-1-2012 this entry of 1-2-1997 was transferred from Class 9 in accordance
with 10th Edition of Nice Agreement. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
028 Video game interactive control floor pads or mats
1-1-2012 this entry of 1-2-1997 was transferred from Class 9 in accordance
with 10th Edition of Nice Agreement. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
028 Video game interactive hand held remote controls for
playing electronic games
1-1-2012 this entry of 6-1-2001 was
transferred from Class 9 in accordance with 10th Edition of Nice Agreement.
Under the 10th Edition, all game apparatus are in Class 28 because “games and
playthings” are in the Class 28 Heading.
028 Video game joysticks
On 1-11-2012, this entry of
1-2-1997 was transferred from Class 9 in accordance with 10th Edition of Nice
Agreement. Under the 10th Edition, all game apparatus are in Class 28 because
“games and playthings” are in the Class 28 Heading.
028 Video game machines for use with televisions
1-1-2012 this entry of 1-2-1997 was transferred from Class 9 in accordance
with 10th Edition of Nice Agreement. Under the 10th Edition, all game
apparatus are in Class 28 because “games and playthings” are in the Class 28
Heading.
028 Video game machines for use with external display screen
or monitor
1-1-2012 this entry of 1-1-2007 was transferred from Class
9 in accordance with 10th Edition of Nice Agreement. Under the 10th Edition,
all game apparatus are in Class 28 because “games and playthings” are in the
Class 28 Heading.
009 Video game software, namely, a video craps game
1-1-2012 This entry of 8-24-2006 was deleted. This entry of 8-24-2006 was
deleted. Under the 10th Edition, all game apparatus are in Class 28 because
“games and playthings” are in the Class 28 Heading and computer software is in
Class 9. Because the exact nature of these goods is not clear, this entry has
been deleted.
009 Video injection system, namely, optical and electronic
hardware and computer software, simulating the effects of tracer round
fly-outs and bursts on target, which allows for on-vehicle precision gunnery
without expending actual ammunition
02-28-2013 - These goods are
classified in Class 9 because they are in the nature of computer hardware and
software-based apparatus.
009 Video lottery ticket terminals [dispensers]
On
07-19-2012, this 06-01-2006 entry was modified from “video lottery terminals”
to “video lottery ticket terminals [dispensers]” to make clear that the goods
are ticket dispensing machines in Class 9, and not game apparatuses. Under
the 10th Edition of the Nice Agreement, all game apparatus are classified in
Class 28 because “games and playthings” are in the Class 28 Heading.
045 Video monitoring of facilities, viewable through a global
computer network, for security purposes
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement. On 08-09-2012, the
01-01-2002 entry was modified by deleting “On-line monitoring, namely” as
superfluous and inserting “for security purposes” to make clear the nature of
the services and the justification for classifying them in Class 45.
038 Video on demand transmissions
01-01-2016: Status
of entry changed from “A”-Added to “X”-Example.
028 Video output game machines for use with televisions
1-1-2012 This entry of 1-2-2007 was transferred from Class 9 in
accordance with 10th Edition of Nice Agreement. Under the 10th Edition, all
game apparatus are in Class 28 because “games and playthings” are in the Class
28 Heading.
028 Video output game machines for use with external display
screen or monitor
1-1-2012 This entry of 1-2-2007 was transferred
from Class 9 in accordance with 10th Edition of Nice Agreement. Under the 10th
Edition, all game apparatus are in Class 28 because “games and playthings” are
in the Class 28 Heading.
028 Video output games
This entry is indefinite
because it includes goods that would be classified in Class 9.
009 Video printers
Video printers are printers that
can create a hard copy print of a video frame.
009 Video servers
Video servers are computer-based
devices for recording, storing, and playing multiple and synchronized streams
of video. Video servers are typically used by broadcasters for providing video
streams to others.
041 Video tape editing
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.
009 Videos in the field of children's entertainment
01/07/10 - This entry is broad enough to include video recordings and
downloadable videos in 9 and non-downloadable videos which, in this case,
would be in Class 41; therefore, it is too broad for the Manual
041 Videotaping
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 and other services related to the
taking of pictures were transferred to Class 41 as a result of the
restructuring.
041 Videotaping for personal inventory purposes
These
services were transferred to Class 41 from Class 42 due to the restructuring
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
transferred to Class 41 as a result of the restructuring.
041 Videotaping legal depositions
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 and other
services related to the taking of pictures were transferred to Class 41 as a
result of the restructuring.
038 Video-on-demand transmission services via the Internet
01-01-2016: Status of entry changed from “A”-Added to “X”-Example.
038 Video-on-demand transmission services
01-01-2016:
Status of entry changed from “A”-Added to “X”-Example.
001 Vine disease preventing chemicals
Chemicals used
to prevent vine disease are classified in Class 1; however, please note that
vine disease treating chemicals are classified in Class 5 because
’preparations for destroying vermin; fungicides, [and] herbicides’ are
included in the Nice Class Heading for Class 5.
020 Vinyl appliques for attachment to windows, mirrors, and
other solid surfaces
The word “appliques” is used in the U.S.
marketplace to refer to a variety of goods in multiple classes. However,
effective January 1, 2013, the wording “Appliques [haberdashery]” appears in
the Nice Alphabetical List in Class 26, and this new Alphabetical List entry
encompasses clothing decorations such as fabric patches. Therefore, applicants
who intend to apply for an Extension of Protection under the Madrid Protocol
should consider limiting their use of the term “appliques” to Class 26 because
including this term in other classes may result in a Notice of
Irregularity.
022 Vinyl bags [not for luggage or travel
This entry
was deleted because it included bags that were classified in other classes,
e.g., plastic bags for packaging in Class 16.
024 Vinyl place mats
This entry was transferred from
Class 16 to Class 24 based on a clarification in the 8th edition of the Nice
Agreement. Only paper place mats are classified in Class 16; all other
placemats are in Class 24.
015 Violin bow-hold teaching devices
10-03-2013:
Entry status changed from “A” added to “X” example.
028 Virtual reality headsets and helmets adapted for use in
playing video games
1-1-2012 This entry of 8-26-2010 was transferred
from Class 9 in accordance with 10th Edition of Nice Agreement, and the
wording “adapted” was added to the entry. Under the 10th Edition, all game
apparatus are in Class 28 because “Games and playthings” are in the Class 28
Heading.
009 Virtual reality software for {indicate the function of the
software, e.g., playing computer games, pilot training, medical teaching,
etc.}
On 04-17-2014, this 07-07-1994 entry was amended from “Virtual
reality software for {indicate field or use} to the current ID because the
function of the software must be indicated.
001 Viscose chemicals for use in manufacturing
Viscose (cellulose ester) chemicals, or viscose chemicals, is acceptable
wording; further specification is acceptable, but it is not required.
025 Visors [headwear]
On 12-06-2012, the 04-02-1991
entry was amended by inserting the bracketed wording to make clear the nature
of the goods and to conform to the Nice Alphabetical List entry.
005 Vitamin and mineral supplements for use as ingredients in
the food and pharmaceutical industry
01-01-2012: This entry of
08-01-2004 has been amended by replacing “preparations” with “supplements” to
make clear the nature of the goods in Class 5. Nutritional supplements are in
the Nice Alphabetical List in Class 5. 01-01-2016: On 01-01-2016, this
01-01-2012 entry was deleted in compliance with the Nice Classification, Tenth
edition, version 2016, effective 01-01-2016 and because the nature of the
goods is unclear as worded. Vitamins for manufacturing use are classified in
Class 1 under Nice 10-2016.
005 Vitamin and mineral supplements for mixing with {specify
purpose, e.g., dog food, cereal, yogurt, etc.}
01-01-2012: This entry
of 09-02-2010 has been amended from “vitamin and mineral additives for
{specify purpose, e.g., dog food, cereal, yogurt, etc.}” to “vitamin and
mineral supplements for use as ingredients in {specify purpose, e.g., dog
food, cereal, yogurt, etc.}” to make clear the nature and purpose of the goods
in Class 5. Nutritional supplements are in the Nice Alphabetical List in Class
5 under the 10th Edition. 01-01-2016: On 01-01-2016, this 01-01-2012 entry
was modified to replace “for use as ingredients” with “for mixing with” in
order to clarify the nature of the goods and the justification for their
classification in Class 5. Vitamins for manufacturing use are classified in
Class 1 under Nice 10-2016.
005 Vitamin enriched chewing gum for medical purposes
On 01-01-2016, this 03-18-2010 entry was modified to add “for medical
purposes” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
005 Vitamin enriched sparkling water for medical purposes
On 01-01-2016, this 06-06-2013 entry was modified to add “for medical
purposes” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
005 Vitamin enriched water for medical purposes
On
01-01-2016, this 04-01-2004 entry was modified to add “for medical purposes”
in compliance with the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, identifications for nutritionally
enriched, enhanced, or fortified foods or beverages must indicate a medical,
therapeutic, or veterinary purpose for classification in Class 5.
005 Vitamin fortified beverages for medical purposes
On 01-01-2016, this 11-01-2004 entry was modified to add “for medical
purposes” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016. Under Nice 10-2016, identifications for
nutritionally enriched, enhanced, or fortified foods or beverages must
indicate a medical, therapeutic, or veterinary purpose for classification in
Class 5.
001 Vitamins for industrial and/or manufacturing use
Vitamins are in Class 5 regardless of whether they are a raw material used in
manufacturing or the finished product itself. Therefore, this misleading entry
was deleted from Class 1. 01-01-2016: Under Nice 10-2016, vitamins for
manufacturing use are classified in Class 1.
001 Vitamins for manufacturing use
On 01-01-2016,
this 02-27-2014 entry was transferred from Class 5 to Class 1 in compliance
with the Nice Classification, Tenth edition, version 2016, effective
01-01-2016.
001 Vitamins for use in the manufacture of {specify, e.g.,
cosmetics, food products, etc.}
On 01-01-2016, this 02-27-2014 entry
was transferred from Class 5 to Class 1 in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016.
001 Vitamins for use in the manufacture of cosmetics
Vitamins for manufacturing use is acceptable wording; further specification is
acceptable, but it is not required.
001 Vitamins for use in the manufacture of pharmaceuticals
Vitamins for manufacturing use is acceptable wording; further
specification is acceptable, but it is not required.
001 Vitamins for use in the manufacture of food
supplements
Vitamins for manufacturing use is acceptable wording;
further specification is acceptable, but it is not required.
020 Vitrines
Vitrines are glass paneled cabinets for
displaying china, art, or related items. Vitrines are classified in Class 20
as furniture.
041 Vocational education in the fields of {indicate specific
fields, e.g. mechanics, computers}
On 8-25-2011, this 6-1-2006 entry
was deleted because it is virtually identical to an existing Manual entry
08-29-2013: Acceptable entry status changed from “D” deleted to “X”
example.
041 Vocational guidance
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 and other
services that give advice concerning education options were transferred to
Class 41 as a result of the restructuring.
038 Voice telecommunication (Data and)
The language
of this entry is too broad; it encompasses all telecommunication
activities.
009 Voltage stablilzers
05-19-2011: Deleted the
08-01-2003 entry because a correctly spelled version of it already appears in
Class 9 as a Trilateral entry.
037 Vulcanizing of automobile tires [repair]
This is
part of the repair process. It's not often done in the US anymore, but it is
done in other countries so would be acceptable in Class 37 in these
applications - or in US applications if the process is for repair purposes.
Some tire repair enterprises may still do this.
005 Vulnerary sponges
Vulnerary sponges contain
medicine for use in healing of wounds.
030 Wafer biscuits
A wafer biscuit is a light, sweet,
crisp cookie that is typically filled with a soft sweet filling.
030 Wafer sticks
A wafer stick is a rolled, sweet,
crisp cookie in the form of a stick.
041 Wagering services
Wagering, betting, gaming and
gambling services were transferred from Class 36 to Class 41 in the 8th
edition of the Nice Agreement.
004 Wakeboard binding lubricants
On 10-11-12, this
08-01-2004 entry was modified by inserting “binding” to make clear the nature
and purpose of the goods and by transferring it from Class 28 to Class 4. The
goods were transferred because the lubricants are for use on the wakeboard
bindings for lubrication purposes, and “lubricants” is in the Class 4 Heading.
The goods are distinguishable from Ski wax in Class 28 because the lubricants
are not for use on the surface of the wakeboards to improve the performance of
the sporting articles.
010 Walking aids for disabled persons, namely, walking
frames
On 04-19-2012, the 11-30-2006 entry was amended by deleting
the word “handicapped” and inserting the word “disabled.”
011 Walk-in refrigerators
Refrigerators is acceptable
wording; further specification is also acceptable, but it is not required.
016 Wall decals
Decals is acceptable wording; further
specification is acceptable, but it is not required.
027 Wall hangings, not of textile
Deleted due to
confusion with items that are hung on the wall but are not in the nature of
non-textile wall hangings. Wall decorations other than textile (24) or
non-textile (27) tapestry-style items are classified in the class of their
material compositions.
006 Wall mounted metal tool racks
Most storage racks
are in Class 20 regardless of material composition.
014 Wall plaques made of precious metal
11-12-09 -
Wall plaques are classified by material composition so the composition must be
indicated and limited to a material in this class.
019 Wall plaques made of {indicate stone, concrete or
marble}
11-12-09 - Wall plaques are classified by material
composition so the composition must be indicated and limited to a material in
this class.
020 Wall plaques made of {indicate bone, ivory, plaster,
plastic, wax, wood}
11-12-09 - Wall plaques are classified by
material composition so the composition must be indicated and limited to a
material in this class.
021 Wall plaques made of {indicate china, crystal,
earthenware, glass, porcelain, terra cotta}
11-12-09 - Wall plaques
are classified by material composition so the composition must be indicated
and limited to a material in this class.
006 Wall plaques made of common metal
11-12-09 - Wall
plaques are classified by material composition so the composition must be
indicated and limited to a material in this class.
001 Wall size
Transferred from Class 2 based on Nice
Agreement entries.
027 Wallcoverings
This item is in the nature of
wallpaper as opposed to wall hangings that are classified in Class 24 if made
of textile and Class 27 if not of textile. Wall hangings are not permanently
affixed to the wall as wall coverings are.
001 Wallpaper removing preparations
Transferred from
Class 2 in accordance with 9th edition of Nice Agreement.
027 Wallpapers
10-24-2013: Status of entry changed
from “A”-Added to “X”-Example.
020 Wall-mounted panel units for exhibitions, displays and
partitioning
On 1-1-13, the 08-09-2007 entry was modified by deleting
“Non-metal” and transferring it to Class 20 because both metal and non-metal
panel units for exhibitions, displays, and partitioning are classified in
Class 20 as furniture. The classification of these panel units is based on the
function of the goods - not their material composition.
011 Warming pans for beds (Electric)
This was deleted
because all warming pans are in 11 regardless of whether they are electric or
not so there was no need to specify the method of heating in an ID.
021 Warming pans for beds (Non-electric)
This was
deleted because all warming pans are in 11 regardless of whether they are
electric or not so there was no need to specify the method of heating in an
ID.
009 Warning bells
On 09-13-2012, this 04-02-1991
entry was amended from “Warning devices, namely, bells” to “Warning bells.”
06-04-2015: Please note that warning bells and horns for vehicles are
classified in Class 12.
018 Wash bags sold empty for carrying toiletries
On
12-01-2016, this 10-05-2006 entry was amended to add the wording “sold empty”
to clarify the nature of the goods classified in Class 18.
021 Wash basins in the nature of bowls
On 10-20-2016,
this 04-02-1991 entry was modified from “Wash basins [bowls, not part of
sanitary installations]” to “Wash basins in the nature of bowls” to
incorporate the necessary information within the brackets to justify
classification in Class 21.
011 Washers for water taps
These goods are in the
Nice Alphabetical List in Class 11.
024 Washing mitts
On 01-01-2015, this 04-02-1991
entry was deleted in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. Under Nice 10-2015, “Washing mitts” is
overly broad because it could encompass cleaning articles in Class 21 or “Bath
mitts” which are used as towels and thus classified in Class 24.
020 Washstands [furniture]
Item transferred from
Class 21 due to misclassification of original entry.
040 Waste management
This entry was transferred from
Class 42 to Class 40 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
039 Waste oil collection for recycling
On 01-01-2016,
this 06-01-2001 entry was transferred from Class 37 to Class 39 in compliance
with the Nice Classification, Tenth edition, version 2016, effective
01-01-2016. Under Nice 10-2016, “collection of recyclable goods [transport]”
was added to the Alphabetical List in Class 39. These services involve the
transportation of goods for recycling.
040 Waste treatment
This 4-2-91 entry was deleted
because it is duplicative. 09-05-2013: Acceptable entry status changed from
“D” deleted to “X” example.
040 Waste treatment services
Environmental services
lead-in from 20110217 entry removed to avoid confusion.
040 Waste water treatment services for industrial purposes
On 02-23-12 this 10-15-09 entry was deleted because it is duplicative.
09-05-2013: Acceptable entry status changed from “D” deleted to “X”
example.
014 Watch cases being parts of watches
On 01-01-2016,
this 04-02-1991 entry was amended from “Watch cases” to “Watch cases being
parts of watches” in compliance with the Nice Classification, Tenth edition,
version 2016, effective 01-01-2016.
014 Watches made in whole or significant part of {specify,
e.g., gold, silver, platinum, diamonds, etc.}
Identification of
material composition may be required during examination of marks that feature
such terminology. See TMEP §1203.02.(f)(i) for further information.
021 Water bottle belts for {specify sport or activity, e.g.,
running, hiking, biking, etc.}
Water bottle belts are specially
adapted for holding water bottles and are typically sold containing empty
water bottles. Water bottles, sold empty are in Class 21. Therefore, water
bottle belts are also in Class 21.
021 Water bottles sold empty
Hot water bottles are
classified in Class 11.
011 Water filtration and purification units and replacement
cartridges and filters therefor for {specify, e.g., refrigerators, ice makers,
etc.}
Water filtration and purification units and replacement
cartridges and filters therefor is acceptable in Class 11; further
specification as to the particular use is acceptable, but it is not
required.
007 Water pumps for {indicate type of water facility, e.g.,
spas, baths, whirlpools, swimming pools, water filtering units}
Pumps
sold separately from Class 11 systems, e.g., swimming pools, spas, are in
7.
012 Water pumps for land vehicle engines
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
and engines and their parts in the 6th edition of the Nice Agreement in
1992.
020 Water tanks of plastic for household, industrial, and
agricultural purposes
While this wording is still acceptable, on
4-5-2012, this 03-13-2008 entry is being deleted from the Manual and replaced
by “Plastic storage tanks” in Class 20. 10-03-2013: Acceptable entry status
changed from “D” deleted to “X” example.
028 Water wings
1-1-2012 These goods are in the Nice
Alphabetical List in Class 28, under the Tenth Edition of the Nice Agreement.
These goods are considered swimming equipment that is used for training
purposes or that has a purpose other than that of life or body protection.
002 Watercolor paints
If sold as part of an arts and
craft paint kit, these goods are in 16
021 Watering pots
02-25-2016 - Watering pots are
containers with handles and spouts used to sprinkle water over plants.
040 Waterproofing [for textile or furs]
The
waterproofing in Class 40 is actually a transformation of the underlying goods
so they themselves are waterproof and are not just protected by a painted or
sprayed on barrier. The waterproofing in Class 37 is the application of some
kind of layer or coating to a surface.
040 Waterproofing of {indicate specific field or item, e.g.
clothing, fabrics} [NOTE: basement waterproofing is in Cl. 37]
The
waterproofing in Class 40 is actually a transformation of the underlying goods
so they themselves are waterproof and are not just protected by a painted or
sprayed on barrier. The waterproofing in Class 37 is the application of some
kind of layer or coating to a surface.
037 Waterproofing of basements
The waterproofing in
Class 37 is the application of some kind of layer or coating to a surface.
The waterproofing in Class 40 is actually a transformation of the underlying
goods so they themselves are waterproof and are not just protected by a
painted or sprayed on barrier.
037 Waterproofing of basements to prepare them to be
finished
The waterproofing in Class 37 is the application of some
kind of layer or coating to a surface. The waterproofing in Class 40 is
actually a transformation of the underlying goods so they themselves are
waterproof and are not just protected by a painted or sprayed on barrier.
040 Waterproofing of clothing
The waterproofing in
Class 40 is actually a transformation of the underlying goods so they
themselves are waterproof and are not just protected by a painted or sprayed
on barrier. The waterproofing in Class 37 is the application of some kind of
layer or coating to a surface.
040 Waterproofing of cloth
The waterproofing in Class
40 is actually a transformation of the underlying goods so they themselves are
waterproof and are not just protected by a painted or sprayed on barrier. The
waterproofing in Class 37 is the application of some kind of layer or coating
to a surface.
040 Waterproofing of fabric
The waterproofing in
Class 40 is actually a transformation of the underlying goods so they
themselves are waterproof and are not just protected by a painted or sprayed
on barrier. The waterproofing in Class 37 is the application of some kind of
layer or coating to a surface.
040 Waterproofing textiles
The waterproofing in Class
40 is actually a transformation of the underlying goods so they themselves are
waterproof and are not just protected by a painted or sprayed on barrier. The
waterproofing in Class 37 is the application of some kind of layer or coating
to a surface.
002 Water-colors [paints]
If sold as part of an arts
and craft paint kit, these goods are in 16
011 Water-powered aromatherapy diffusers comprising a shower
bracket used to emit scent during a shower and sold without scented oil
01-16-2014: Entry status changed from “A” added to “X” example.
026 Wave caps
Wave caps are typically used to create
and maintain waves and other chemically processed hairstyles while sleeping.
The goods function to keep the hair in place similar to hair nets, which are
in the Nice Alphabetical List in Class 26.
004 Wax dispersions for use in the manufacture of {indicate
general nature of items, e.g., lacquers, printing inks, etc., or indicate for
a wide variety of goods, if accurate}
A dispersion is a suspension of
dispersed particles in a gas, liquid, or solid substance. These goods are
classified in Class 4 because they are wax-based substances.
004 Wax melts
Wax melts are scented wax used in wax
warmers.
021 Waxing brushes for skiing and snowboarding
On
8-14-2014, this 08-01-2005 entry was transferred from Class 28 to Class 21
because the Nice Alphabetical List includes Brushes* in Class 21.
009 Wearable digital electronic devices comprised primarily of
software for {specify function of the software, e.g., viewing, sending and
receiving texts, emails, data and information from smart phones, tablet
computers and portable computers, etc.} and display screens and also featuring
a wristwatch [excluding gaming apparatus]
On 03-19-2015, this ID was
modified from “Wearable digital electronic devices comprised primarily of
software and display screens for {specify function of the software, e.g.,
viewing, sending and receiving texts, emails, data and information from smart
phones, tablet computers and portable computers, etc.} and also featuring a
wristwatch [excluding gaming apparatus]” to the current ID, for clarity. This
modification does not impact the acceptability of the ID if worded as
previously published. 01-01-2016: On 01-01-2016, this 03-13-2014 entry was
deleted in order to align the ID Manual entries for smartwatches with the
Alphabetical List under the Nice Classification, Tenth edition, version 2016,
effective 01-01-2016. Under Nice 10-2016, “smartwatches” was added to the
Nice Alphabetical List in Class 9. Smartwatches is acceptable wording;
further specification is acceptable, but it is not required.
014 Wearable digital electronic devices comprised primarily of
a bracelet and also featuring {specify, e.g., a telephone, software and
display screens for viewing, sending and receiving texts, emails, data and
information from smart phones, tablet computers and portable computers,
etc.}
On 01-01-2016, this 03-19-2015 entry was deleted because it is
indefinite as worded. Under Nice 10-2016, “smartwatches,” “wearable activity
trackers,” and “connected bracelets [measuring instruments]” were added to the
Nice Alphabetical List in Class 9.
009 Wearable digital electronic devices comprised primarily of
software for {specify function of the software, e.g., viewing, sending and
receiving texts, emails, data and information from smart phones, tablet
computers and portable computers, etc.} and display screens and also featuring
a bracelet [excluding gaming apparatus]
On 01-01-2016, this
03-19-2015 entry was deleted because it is indefinite as worded. Under Nice
10-2016, “smartwatches” and “wearable activity trackers” were added to the
Nice Alphabetical List in Class 9.
014 Wearable digital electronic devices comprised primarily of
a wristwatch and also featuring {specify, e.g., a telephone, software and
display screens for viewing, sending and receiving texts, emails, data and
information from smart phones, tablet computers and portable computers,
etc.}
On 01-01-2016, this 03-13-2014 entry was deleted in compliance
with the Nice Classification, Tenth edition, version 2016, effective
01-01-2016. Under Nice 10-2016, “smartwatches” was added to the Nice
Alphabetical List in Class 9.
006 Weatherboards of metal
Weatherboard is a type of
clapboard or siding used for building purposes.
038 Web site forwarding services
On 3-10-2011 the
6-1-2001 entry “web site forwarding services” was deleted and a clarifying
entry “Computer services, namely, domain forwarding services” was added in
International Class 42.
035 Web site optimization
“Web site optimization”
services also called “web site traffic optimization” services are classified
in Class 35 because the primary function or purposes of these services is to
promote, advertise or market the websites of others by improving a website's
visibility in search engine results. “Web site traffic optimization” was added
to the Nice Classification, Tenth edition, version 2014, effective 1-1-14.
035 Web site traffic optimization
“Web site traffic
optimization” services are classified in Class 35 because the primary function
or purposes of these services is to promote, advertise or market the websites
of others by improving a website's visibility in search engine results. “Web
site traffic optimization” was added to the Nice Classification, Tenth
edition, version 2014, effective 1-1-14.
036 Website for children with parental controls that promotes
and facilitates financial goal setting
On 04-02-2015, this 06-05-2008
entry was deleted because it is overbroad and may encompass online financial
information services in Class 36 and computer technology services in Class 42.
This wording is no longer acceptable under USPTO ID policy.
025 Wedding garters
Garters is acceptable wording;
further specification is acceptable, but it is not required.
041 Wedding reception planning and coordination services
09-20-2012: The term “reception” was added to the entry of 02-07-2008 as
the Nice Alphabetical list includes “planning and arranging of wedding
ceremonies” in Class 45.
044 Weed killing
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement.
018 Weekend bags
Weekend bags are suitcases to carry
clothing or personal items for a weekend trip.
018 Weekend bags made of {specify material composition, e.g.,
suede, imitation leather, etc.}
Weekend bags is an acceptable
identification. However, specification of the material composition of weekend
bags may be required during examination of marks that refer to material
composition. See TMEP §1203.02(f)(i) for further information.
009 Weighbridges
A weighbridge is a machine for
weighing vehicles by means of a metal plate set into a road.
009 Weight belts [for scuba diving]
11-10-2011:
Deleted the 07-20-2004 entry because the purpose of the goods should be
incorporated into the text of the ID to make explicit the reason for the
classification. These goods are covered by the existing Manual entry “Weight
belts for scuba diving” in Class 9.
009 Weight belts for divers
11-10-2011: While this
wording is still acceptable, the 06-01-2001 entry is being deleted from the
Manual because it is covered by the existing entry “Weight belts for scuba
diving” in Class 9. 07-25-2013: Acceptable entry changed from “D” deleted to
“X” example status.
009 Weight belts for scuba diving
11-10-2011: Amended
the 06-01-2001 entry by inserting “scuba” to make clear the purpose of the
goods.
028 Weight lifting benches
The wording “and bench
accessories” has been deleted from this entry because it can include items in
classes other than 28.
016 Weight loss program kits consisting primarily of printed
{indicate form of printed matter, e.g., brochures, booklets, books} on weight
loss and dieting, and also including vitamin supplements and hormones
07-04-2013: Status changed from “A” - Added to “X” - example.
044 Weight reduction diet planning and supervision
This entry was transferred from Class 42 to Class 44 due to the restructuring
of Class 42 that was implemented in the 8th edition of the Nice Agreement.
028 Weighted inserts for footwear for athletic training
purposes
11-10-2011 - These goods are classified according to their
function and purpose in Class 28. On 02-28-2013, the 08-01-2004 entry was
modified by deleting “Athletic training devices, namely” and inserting “for
athletic training purposes” to make clear the nature and purpose of the
goods.
028 Weightlifting belts
11-10-2011 - While this
wording is still acceptable, the 04-02-1991 entry is being deleted from the
Manual because it is covered by the existing entry “Weight lifting belts
[sports articles]” in Class 28, and the existing entry describes the goods
more clearly and accurately for purposes of providing guidance to the ID
Manual users. 10-24-2013: Acceptable entry status changed from “D” deleted to
“X” example.
028 Weights for attachment to golf clubs for use as a golf
swing aid
Amended the 09-03-2009 entry, “Weight attachment for use as
a swing aid” to “Weights for attachment to golf clubs for use as a golf swing
aid” in Class 28 to clarify the nature and purpose of the weights.
007 Welding electrodes
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 4-2-1991 was transferred to
Class 7 (as machines), pursuant to the 10th Edition of the Nice Agreement.
This entry was amended from “welding electrodes” to “electrodes for welding
machines.”
007 Welding generators
These goods are used for
supplying the welding current.
007 Welding torches
On 1-1-2012, this Class 9
electric or electrothermic apparatus entry of 9-4-2001 was transferred to
Class 7 (as machines), pursuant the 10th Edition of the Nice Agreement.
009 Welding transformers
These goods create
electrical current for welding torches and welding machines
037 Well improvement services, namely, hydraulic fracturing of
subsurface geologic formations to enhance well production
8-13-09 -
The 4-2-91 entry “oil well fracturing” was changed to more accurately describe
the service and transfer it from Class 40. The service is not material
treatment, but rather the breakdown of geological formations and such an
activity is more appropriate in Class 37 with other mining services.
025 Wellington boots (wellies)
On 03-31-2016, this
02-20-2014 entry was deleted, because WELLIE is a registered trademark
(Registration No. 1562280) and cannot be used as a generic term in the
identification of goods/services. See TMEP §1402.09. This entry was replaced
by a new entry “Wellington boots” in Class 25.
011 Wet-cleaning drying machines
Wet-cleaning dryers
are specialized machines featuring multiple levels of sensor-monitored drying
of clothes. These are not household dryers, but are commercial-grade
machines.
007 Wet-cleaning washers incorporating dryers
Wet-cleaning washers incorporated with dryers are specialized machines for
cleaning and drying clothes using a controlled water-based process. These are
not household washers-dryers, but are commercial-grade machines.
007 Wet-cleaning washing machines
Wet-cleaning
washers are specialized machines for cleaning clothes using a controlled
water-based process. These are not household washers, but are
commercial-grade machines.
029 Whales, not live
On 1-31-2013, the 7-20-2004
entry “Whales [not live]” was modified to incorporate the bracketed wording
into the identification. Live whales are classified in Class 31.
030 Wheat germ [other than a dietary supplement]
On
1-1-2012 This entry of 4-2-1991 was deleted pursuant to the 10th Edition of
the Nice Agreement. Under the 10th Edition, wheat germ dietary supplements are
in Class 5, wheat germ for human consumption is in Class 30 and wheat germ for
animal consumption is in Class 31.
005 Wheat- and gluten-free breadcrumbs to accommodate special
medical and health conditions
1-1-2012 This entry of 5-13-2010 has
been deleted because it is no longer acceptable under the 10th Edition of the
Nice Agreement, which requires either specification that dietetic substances
in Class 5 are adapted for medical use or other wording to make clear that the
substance is for the treatment of a medical condition. The nature of the food
or beverage (e.g., bread, tea, etc.) must also be specified in the
identification. The entry “Wheat- and gluten-free {specify type of food, e.g.,
breadsticks, pastas, crackers, etc.} for the treatment of medical and health
conditions” cover these goods.
005 Wheat- and gluten-free breadsticks to accommodate special
medical and health conditions
1-1-2012 This entry of 5-13-2010 has
been deleted because it is no longer acceptable under the 10th Edition of the
Nice Agreement, which requires either specification that dietetic substances
in Class 5 are adapted for medical use or other wording to make clear that the
substance is for the treatment of a medical condition. The nature of the food
or beverage (e.g., bread, tea, etc.) must also be specified in the
identification. The entry “Wheat- and gluten-free {specify type of food,
e.g., breadsticks, pastas, crackers, etc.} for the treatment of medical and
health conditions” cover these goods.
005 Wheat- and gluten-free cake mixes to accommodate special
medical and health conditions
1-1-2012 This entry of 5-13-2010 has
been deleted because it is no longer acceptable under the 10th Edition of the
Nice Agreement, which requires either specification that dietetic substances
in Class 5 are adapted for medical use or other wording to make clear that the
substance is for the treatment of a medical condition. The nature of the food
or beverage (e.g., bread, tea, etc.) must also be specified in the
identification. The entry “Wheat- and gluten-free {specify type of food,
e.g., breadsticks, pastas, crackers, etc.} for the treatment of medical and
health conditions” cover these goods.
005 Wheat- and gluten-free cassava chips to accommodate
special medical and health conditions
1-1-2012 This entry of
5-13-2010 has been deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free bread mixes to accommodate special
medical and health conditions
1-1-2012 This entry of 5-13-2010 has
been deleted because it is no longer acceptable under the 10th Edition of the
Nice Agreement, which requires either specification that dietetic substances
in Class 5 are adapted for medical use or other wording to make clear that the
substance is for the treatment of a medical condition. The nature of the food
or beverage (e.g., bread, tea, etc.) must also be specified in the
identification. The entry “Wheat- and gluten-free {specify type of food, e.g.,
breadsticks, pastas, crackers, etc.} for the treatment of medical and health
conditions” cover these goods.
005 Wheat- and gluten-free crumble mixes to accommodate
special medical and health conditions
1-1-2012 This entry of
5-13-2010 has been deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free breakfast cereals and porridges to
accommodate special medical and health conditions
1-1-2012 This entry
of 5-13-2010 has been deleted because it is no longer acceptable under the
10th Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free brownie mixes to accommodate
special medical and health conditions
1-1-2012 This entry of
5-13-2010 has been deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free pancake mixes to accommodate
special medical and health conditions
1-1-2012 This entry of
5-13-2010 has been deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free fritter mixes to accommodate
special medical and health conditions
1-1-2012 This entry of
5-13-2010 has been deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free dried falafel mixes to accommodate
special medical and health conditions
1-1-2012 This entry of
5-13-2010 has been deleted because it is no longer acceptable under the 10th
Edition of the Nice Agreement, which requires either specification that
dietetic substances in Class 5 are adapted for medical use or other wording to
make clear that the substance is for the treatment of a medical condition. The
nature of the food or beverage (e.g., bread, tea, etc.) must also be
specified in the identification. The entry “Wheat- and gluten-free {specify
type of food, e.g., breadsticks, pastas, crackers, etc.} for the treatment of
medical and health conditions” cover these goods.
005 Wheat- and gluten-free dried pastas to accommodate special
medical and health conditions
1-1-2012 This entry of 5-13-2010 has
been deleted because it is no longer acceptable under the 10th Edition of the
Nice Agreement, which requires either specification that dietetic substances
in Class 5 are adapted for medical use or other wording to make clear that the
substance is for the treatment of a medical condition. The nature of the food
or beverage (e.g., bread, tea, etc.) must also be specified in the
identification. The entry “Wheat- and gluten-free {specify type of food,
e.g., breadsticks, pastas, crackers, etc.} for the treatment of medical and
health conditions” cover these goods.
005 Wheat-free and gluten-free {indicate types of food, e.g.,
pasta, crackers, etc.} for the treatment of special medical and health
conditions
1-1-2012 Pursuant to the 10th Edition of the Nice
Agreement, the 3-24-2011 entry “wheat-free and gluten-free {indicate types of
food, e.g., pasta, crackers, etc.} to accommodate special medical and health
conditions” has been amended to replace the wording “to accommodate” with “for
the treatment of” because under the 10th Edition, descriptions of dietetic
substances must either specify that they are adapted for medical use or
otherwise make clear that the substance is for the treatment of a medical
condition. The nature of the food or beverage (e.g., bread, tea, etc.) must
also be specified in the identification.
007 Wheel loaders
Wheel loaders are a type of
excavation machine typically used for moving, pushing, or lifting earth, sand,
snow, or other heavy materials.
018 Wheeled bags
Note that bags that are fitted to
carry a particular item are classified with the 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 Wheeled duffle bags
Note that bags that are
fitted to carry a particular item are classified with the 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 Wheeled tote bags
Note that bags that are fitted
to carry a particular item are classified with the 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.
040 Whisky distillery services
On 01-17-2013, this
note was added to make clear that this distillery service must be done for
others to constitute a service. Distilling one's own whisky for later retail
distribution is not a service under the Trademark Act.
021 Whisky glasses
Whisky glasses may also be spelled
“whiskey glasses.”
029 White pudding
These goods are in the nature of a
bloodless sausage made with oatmeal. These goods are not dessert puddings.
Dessert puddings are in Class 30.
030 White tea
Tea is acceptable wording; further
specification is acceptable, but it is not required.
035 Wholesale and retail store services featuring {indicate
specific field, e.g. auto parts, clothing, jewelry}
On 11-3-2011,
this 7-24-2008 entry was deleted because it is covered by the existing fill-in
entries for “Wholesale store services featuring {indicate specific field,
e.g., auto parts, clothing, jewelry}” and “Retail store services featuring
{indicate field of goods}”. 07-25-2013: Acceptable entry changed from “D”
deleted to “X” example status.
035 Wholesale and retail store services and on-line retail and
wholesale store services featuring {indicate field or type of
goods/services}
On 11-3-2011, this 4-9-2009 entry was deleted because
it is covered by separate existing fill-in entries for “Wholesale retail store
services,” “Retail store services,” “On-line wholesale store services,” and
“On-line retail store services”
035 Wholesale buying club services in the field of {specify
goods, e.g., food, clothing, automobiles, etc.}
Wholesale buying club
services is acceptable wording in Class 35; further specification as to the
particular field is acceptable, but it is not required.
035 Wholesale distributorships featuring {indicate specific
field, e.g. auto parts, clothing}
Do not substitute “distribution”
for “distributorship.” Distribution is the activity of moving goods from one
place to another. That is a service in Class 39; it is not in Class 35 with
other services in the retail chain.
036 Wholesale lending services
10-03-2013 - Wholesale
lending services involving wholesale mortgage lenders responsible for
processing loan applications and conducting risk analysis underwriting and
independent brokers responsible for finding lenders to originate the loan.
039 Wholesale travel agencies
Entry is too broad. A
travel agency performs services besides making travel arrangements. These
other services are in classes other than Class 39, e.g., making hotel
reservations, a common travel agency activity, is in Class 42.
028 Whoopee cushions
Whoopee cushions are rubber bags
filled with air that are used as jokes and make loud, rude noises when
deflated. Whoopee cushions are classified in Class 28 because “practical jokes
[novelties]” is in Class 28 in the Nice Alphabetical List.
034 Wicks for cigarette lighters
On 06-19-2014, this
07-02-2009 entry was amended from “Wicks for lighters” to “Wicks for cigarette
lighters,” for clarity.
026 Wigs, hairpieces, and add-in and add-on hair accessories
constructed primarily of synthetic and/or human hair
10-03-2013:
Entry status changed from “A” added to “X” example.
006 Wild animal traps
These traps are primarily for
outdoor use. Material composition does not affect the classification - all
wild animal traps are in 6 according to the Nice Agreement.
025 Wimples
05-21-2015: A wimple is cloth worn over
the head and around the neck and chin by women is past times and by some nuns
today.
007 Winches
4-1-10 - Most winches are power operated,
therefore, the specification is not included in this Class 7 ID. If a winch is
hand-operated, that must be specified in the ID and it is in Class 8.
020 Wind chimes
Nice Agreement classifies wind chimes
in Class 20.
015 Wind instruments, namely, {indicate specific
instruments}
10-03-2013: Entry status changed from “A” added to “X”
example. “Wind instruments” is acceptable in Class 15. While the specific
types of instruments may be indicated, it is not required.
025 Windcheaters
05-21-2015: A windcheater is a warm
jacket, usually with a close-fitting knitted neck, cuffs, and waistband.
019 Window glass for building
On 01-01-2016, this
04-02-1991 entry was amended from “Window glass” to “Window glass for
building” in compliance with the Nice Classification, Tenth edition, version
2016, effective 01-01-2016.
021 Window glass for vehicles
On 11-19-2015, this
04-02-1991 ID was deleted because it was being confused with “Glass windows
for vehicles [finished goods]” in Class 12.
020 Wind-driven bird-repelling devices not of metal
The function of the goods, bird-repelling, is not covered by the Nice
Classification. Therefore, pursuant to the General Remarks, the wind-driven
bird-repelling devices are classified in Class 6 when comprised of metal, and
Class 20 when comprised of non-metal, based on material composition.
030 Wine gums
Wine gums are chewy candies similar to
gum drops.
020 Wine racks
Bottle racks are in Class 20 in the
Nice Agreement. This item has been reclassified from Class 21 so that it is
now in compliance with the Nice Agreement guidelines.
040 Winery services
As with all services, this must
be done for others. Making one's own wine is not a service under the Trademark
Act.
033 Wines
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
033 Wines derived from grapes grown in {specify geographic
location}, labeled and advertised in compliance with {specify the particular
country, state, or other governing bodies} laws for {specify the subject
matter of the laws}
10-28-10 - the 10-21-10 entry was transferred
from Class 31. This was an error in the class that was entered - this is Class
33 since it is a wine, not the grapes used to make the wine.
033 Wines made from grapes from {insert geographic name or
region} in accordance with specific standards
For information about
identifying goods or services which are subject to legal systems or schemes
for the protection of geographical indications of origin, see TMEP Section
1402.03(g).
007 Winnowers
Winnowers are used to separate grain
from the chaff. Since these goods are generally power-operated, they are
classified in Class 7. When winnowers are manually-operated, that feature
must be indicated in the identification; manually-operated winnowers are
classified in Class 8.
009 Wire connectors [electricity]
Wire connectors
[electricity] is an entry in the Nice Alphabetical List of Goods. These goods
are for use with electrical wire and cables. Metal connection fittings for
wire rope and rigging cables are in Class 6.
008 Wire strippers [hand tools]
On 1-1-2012 this
entry of 7-20-2004 was revised to add the term “[hand tools]” to clarify the
nature of the goods pursuant to the 10th Edition of the Nice Agreement.
009 Wireless computer mice [Note that gaming mice adapted for
playing video games are in Class 28.]
03-12-2015: The bracketed
wording was added to the entry for clarity. Gaming mice are specially adapted
for playing computer games and are classified in Class 28 because “games and
playthings” are included in the Class 28 Class Heading.
009 Wireless controllers to remotely monitor and control the
function and status of other electrical, electronic, and mechanical devices or
systems, namely, {indicate type of devices or systems, e.g., remote metering
systems, gas and liquid cylinders, vehicle tracking devices, energy and
utility systems, security systems, lighting systems, etc.} [excluding gaming
apparatus]
These controllers do not include video game controllers
classified in Class 28 with other “games and playthings“ as per the 10th
Edition of Nice. Wireless controllers to remotely monitor and control the
function and status of other electrical, electronic, and mechanical devices or
systems [excluding gaming apparatus] would be an acceptable ID; further
specifying type of devices or systems is permissible, but not required.
009 Wireless controllers to monitor and control the
functioning of other electronic devices [excluding gaming apparatus]
These controllers do not include video game controllers classified in Class
28. On 01-10-2013, this 11-02-2006 entry: “Wireless controller to monitor and
control the functioning of other electronic devices” was modified to add the
wording “[excluding gaming apparatus]” to make clear that these controllers do
not include video game controllers classified in Class 28 with other “games
and playthings” as per the 10th Edition of Nice.
009 Wireless ear buds
Ear buds, also spelled
“earbuds,” is acceptable wording; further specification is acceptable, but it
is not required.
038 Wireless electronic transmission of voice signals, data,
facsimiles, images and information
On 12-6-12, this 07-20-2004 entry
was modified to correct a typographical error and deleted the “T” indicating
that it appears on the Trilateral ID List. This wording is still acceptable,
in principle, but it was necessary to withdraw USPTO approval of the
Trilateral-approved ID to correct the typo.
038 Wireless electronic transmission of {indicate, e.g., data,
graphics, etc.} via near field communication (NFC) technology-enabled
devices
Wireless electronic transmission of {indicate, e.g., data,
graphics, etc.} is acceptable wording; further specification is acceptable,
but it is not required. Near field communication (NFC) is a type of
technology that enables short-range communication between electronic
devices.
037 Wirelining for oil wells
10/23/08 - 4/2/91 entry
moved from Class 42. This is a Class 37 service.
025 Women's underwear
On 01-08-2015, the status of
this entry was changed from “A” - Added to “X” - Example. Underwear is
acceptable wording; further specification is acceptable, but it is not
required.
030 Wontons filled with {indicate filling, e.g., meat, cream
cheese, etc.}
Wontons is acceptable wording; further specification is
acceptable, but it is not required.
004 Wood chips for smoking foods
9-23-10 - the 6-1-01
entry was modified from “Wood chips for smoking and flavoring foods.” Wood
chips for flavoring wine is in Class 31 since it imparts flavor without
burning as the wood chips in Class 4 must do - the chips are often introduced
in the wine making process for wine that is not stored in wood barrels but
that benefit or are expected to have a woody flavor element. Including the
word “flavoring” in the Class 4 ID can cause confusion with the wood chips
used for flavoring only in Class 31.
004 Wood chips of {indicate type of wood, e.g., pecan,
applewood, cedar, etc.} for smoking and grilling
Wood chips for
smoking and grilling is acceptable in Class 4. Identification of material
composition may be required during examination of marks that feature such
terminology. See TMEP §1203.02(f)(i) for further information.
020 Wood doorknobs
1-24-2012 - In accordance with the
10th Edition of the Nice Agreement, metal doorknobs are in Class 6, precious
metal doorknobs are in Class 14 and non-metal doorknobs are in Class 20.
020 Wood knobs
Knobs are classified according to
material composition as required by the Nice Agreement. Metal knobs are in
Class 6; plastic knobs in 20, porcelain knobs in 21, etc. 1-1-2012 - In
accordance with the 10th Edition of the Nice Agreement, metal knobs are in
Class 6, precious metal knobs are in Class 14 and non-metal knobs are in Class
20.
031 Wood mulch fines
Wood mulch fines are mulch
compositions that have been screened to provide a finer texture.
031 Wood mulch overs
Wood mulch overs are mulch
compositions that contain pieces that are larger than the finer-textured
pieces in wood mulch fines.
020 Wood poles
11-4-10 - The 11-1-04 entry was
transferred from Class 19. Only non-metal poles used for utilities and power
lines are in Class 19. Non-metal poles for other uses are in Class 20 in
accordance with entries in the Nice Agreement alphabetical list.
020 Wood pulls
Similar to knobs, pulls are classified
according to material composition as required by the Nice Agreement. Common
metal pulls are in Class 6, plastic pulls in 20, porcelain pulls in 21,
etc.
022 Wood shavings
Wood shavings for use as animal
litter is in Class 31.
020 Wood storage tanks
Non-metal storage tanks that
are not comprised of masonry are in Class 20 according to the Nice
Alphabetical List.
014 Wooden bead bracelets
Bracelets is acceptable
wording; further specification is acceptable, but it is not required.
021 Wooden cooking spoons
On 07-04-2013, this
05-07-2009 entry was transferred from Class 8 to Class 21 to conform with the
Nice Alphabetical List entry of “cooking utensils, non-electric” in Class
21.
014 Wooden jewellery boxes
This entry was transferred
from Class 20 to Class 14 pursuant to the 9th edition of the Nice
Agreement.
015 Woodwind instruments, namely, {indicate specific
instruments}
10-03-2013: Entry status changed from “A” added to “X”
example. “Woodwind instruments” is acceptable in Class 15. While the
specific type of instruments may be indicated, it is not required.
035 Wool evaluation
1-1-2012 This entry of 4-2-1991
has been deleted pursuant to the 10th Edition of the Nice Agreement and has
been replaced with the entries “financial evaluation of alpaca fiber” in Class
36, and “Quality evaluation of alpaca fiber” in Class 42.
042 Workplace certification services, namely, conducting
surveys and testing for workplace excellence
On 10-01-2015, this
09-11-2008 was deleted because the nature of the services was unclear. Also,
please note that “certification,” or the validation or approval of
goods/services of others, is not a service under the Nice Classification.
016 Works of art made of paper, namely, {specify type of
paper, e.g., origami folding paper, custom manufactured paper, etc.}
On 03-20-2014, this 04-01-2006 entry for “Works of art made from custom
manufactured paper” was modified to the current wording to be useful to a
wider range of applicants. “Works of art made of paper” is an acceptable
identification; further specification of the type of paper is permissible, but
not required. The status of the entry was also changed from “A”-Added to
“X”-Example.
021 Works of art of {indicate china, crystal, ceramic,
earthenware, glass, porcelain, terra cotta}
On 12-06-12, the
03-08-2007 entry was modified by inserting “ceramic” into the bracketed
wording to conform with the Nice Alphabetical List entry, which was amended
from “Works of art, of porcelain, terra-cotta or glass” to “Works of art, of
porcelain, ceramic, earthenware, or glass” in Class 21. This is not a new
requirement - the modification is intended to provide guidance to the
user.
020 Works of art of {indicate wood, wax, plaster, seashell,
unworked or partly worked coral, or plastic}
On 10-27-2016, this
03-08-2007 entry was modified by inserting “, seashell, unworked or partly
worked coral,” into the bracketed portion of the ID.
001 Worm castings [humus]
Worm castings (also
referred to as “vermicast,” “worm manure,” or “humus”) are the end-product of
the digestion of organic matter by earthworms. These goods are typically used
as a fertilizer and/or soil conditioner.
013 Woven belts for military equipment
Deleted
because military equipment can include items that are not in Class 13 so the
belts for holding them would not be in Class 13, e.g., canteens, mess kits,
flashlights, knives, binoculars, etc.
025 Woven or knitted underwear
On 01-08-2015, the
status of this entry was changed from “A” - Added to “X” - Example. Underwear
is acceptable wording; further specification is acceptable, but it is not
required.
025 Woven shirts
Shirts is acceptable wording;
further specification is acceptable, but is not required.
025 Woven shirts for {specify wearer, e.g., babies, adults,
children, women, men, etc. NOTE: Animal clothing is classified in Class
18.}
Shirts is acceptable wording; further specification is
acceptable, but is not required.
025 Wraparound skirts
Skirts is acceptable wording;
further specification of the type of skirt is acceptable, but it is not
required.
044 Wreath making
This entry was transferred from
Class 42 to Class 44 due to the restructuring of Class 42 that was implemented
in the 8th edition of the Nice Agreement. 4/23/09 - This activity refers to
making wreaths of living material - even if that material is in the dried
state. Making wreaths of artificial material is in Class 40 as a custom
manufacture service.
008 Wrenches [hand-operated]
While all hand-operated
or manually-operated tools (that is, tools powered by hand, 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 also hand held.
003 Wrinkle removing skin care preparations
This item
is a non-medicated skin care preparation. Medicated skin care preparations are
in Class 5.
003 Wrinkle resistant cream
These refer to
non-medicated creams. Medicated creams are in Class 5.
028 Wrist and ankle weights for exercise
11-10-2011:
While this wording is still acceptable, the 04-02-1991 entry is being deleted
from the Manual because it is covered by the existing entry “Exercise weights”
in Class 28. 07-25-2013: Acceptable entry changed from “D” deleted to “X”
example status.
025 Wrist bands [clothing]
On 11-24-11 this entry of
4-2-1991 was modified to add “[clothing]” to the entry.
025 Wristbands [clothing]
On 11-24-11 this entry of
7-20-2004 was modified to add “[clothing]” to the entry.
016 Writing chalk
Chalk is acceptable wording;
further specification is also acceptable, but it is not required.
041 Writing of texts other than publicity texts
On
01-01-2016, this 01-01-2007 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, “Writing of texts other than publicity texts” is overly broad because
it could encompass services in multiple classes. For example, personal letter
writing is classified in Class 45 and technical writing is classified in Class
42. Please consult the Manual for examples of specific custom writing
services.
041 Writing of texts [other than publicity texts]
On
01-01-2016, this 01-01-2007 entry was deleted in compliance with the Nice
Classification, Tenth edition, version 2016, effective 01-01-2016. Under Nice
10-2016, “Writing of texts [other than publicity texts]” is overly broad
because it could encompass services in multiple classes. For example,
personal letter writing is classified in Class 45 and technical writing is
classified in Class 42. Please consult the Manual for examples of specific
custom writing services.
044 X-ray technician services
This entry was
transferred from Class 42 to Class 44 due to the restructuring of Class 42
that was implemented in the 8th edition of the Nice Agreement.
036 Yacht brokerage
This is a traditional brokerage
service in which the broker represents the buyer or seller of a yacht. Note
that ship brokerage refers to transport brokerage and is in Class 39 since it
relates to the movement of goods by ship and not the transfer of ownership of
the ship itself.
040 Yacht building to the order and specification of
others
3-25-10 - This item was transferred from Class 37.
Shipbuilding is in Class 37 because ships are analogous to buildings - they
are large and perform a function. Yachts are more analogous to boats and the
building of a yacht is more in the nature of a custom manufacture service in
Class 40. The words “to the order and specification of others” was added to
the 7-16-09 entry to make it qualify the service in Class 40.
039 Yacht chartering services
On 8-2-2012, this
4-2-1991 entry was amended to add the word “services” to the end of the
ID.
029 Yakitori
Yakitori is Japanese-style skewered
meat.
030 Yam flour
10-31-2013: This entry of 05-26-2011
was reclassified from Class 29 to 30 on the basis that flours made of
vegetables or legumes, such as soya flour, bean meal, and tapioca flour for
food are in the Nice Alphabetical List in Class 30. When used in food either
as thickening agents or to prepare foods for individuals who cannot eat
grain-based flour, such goods are also in Class 30.
007 Yarn drawing frames
A yarn drawing frame, also
known as a spinning frame, is a machine that draws and twists fibers into yarn
and winds it on spindles.
030 Yeast for brewing and distilling
Yeast for
brewing and distilling is classified in Class 30 because Yeast is in the Nice
Alphabetical List in Class 30, and this wording covers yeast for human
consumption.
030 Yeast, baking powder and food flavourings, other than
essential oils
On 01-01-2015, this 01-31-2008 entry was amended to
add the word “food” in compliance with the Nice Classification, Tenth edition,
version 2015, effective 01-01-2015. 01-01-2016: On 01-01-2016, this 01-01-2015
entry was amended to add “other than essential oils” in compliance with the
Nice Classification, Tenth edition, version 2016, effective 01-01-2016. Food
flavorings that are essential oils are classified in Class 3. The
identification must indicate whether or not food flavorings are essential oils
for appropriate classification of the goods.
020 Yellow amber [raw or partly worked material]
2-18-10 - Explanatory note in brackets added to the 2-4-10. This is amber in
an unfinished or semi-finished form. It is analogous to “meerschaum,” “raw
coral,” and other similar natural raw, unfinished or semi-finished items in
Class 20.
028 Yoga blocks made of {specify material, e.g., foam, cork,
bamboo, etc.} for use in {specify use, e.g., meditation, yoga, fitness, etc.}
practice
Yoga blocks is an acceptable identification in Class 28;
further clarification of the material composition and purpose is permissible,
but not required.
028 Yoga straps for use in {specify use, e.g., meditation,
yoga, fitness, etc.} practice
Yoga straps is an acceptable
identification in Class 28; further clarification of the purpose is
permissible, but not required.
029 Yogurts
10-24-2013: Status of entry changed from
“A”-Added to “X”-Example.
030 Yogurt-covered nuts [confectionery]
01-01-2016:
Yogurt-covered nuts are classified in Class 30 based on the wording
“confectionery” in the Class 30 Class Heading. The goods are a type of candy,
and non-medicated candy is classified in Class 30 under the Nice
Agreement.
029 Yuca chips
On 07-03-2014, this 04-02-1991 entry
was amended from “Yucca chips” to “Yuca chips.” The term, yucca, is sometimes
mistakenly confused with the similarly spelled but botanically unrelated
yuca.
030 Zaatar spice blend
Zaatar spice blend is a
mixture of suma, sesame seed and herbs.
006 Zirconium
Zirconium is a metallic element and
appears in the Nice Alphabetical List in Class 6.
045 Zodiac consultation
This entry was transferred
from Class 42 to Class 45 due to the restructuring of Class 42 that was
implemented in the 8th edition of the Nice Agreement.
041 Zoological garden services
1-1-2012 This entry of
11-29-2007 has been amended from “zoological gardens” to “zoological garden
services” pursuant to a translation issue in the 10th Edition of the Nice
Agreement.
025 Zoot suits
05-21-2015: A zoot suit is a man's
suit consisting of baggy trousers and a long jacket.
025 Zori
05-21-2015: A zori is a sandal attached to
the foot by a thong over the toes.
020 3D plastic appliqués for attachment to cars, windows,
mirrors, and other solid surfaces
The word “appliques” is used in the
U.S. marketplace to refer to a variety of goods in multiple classes. However,
effective January 1, 2013, the wording “Appliques [haberdashery]” appears in
the Nice Alphabetical List in Class 26, and this new Alphabetical List entry
encompasses clothing decorations such as fabric patches. Therefore, applicants
who intend to apply for an Extension of Protection under the Madrid Protocol
should consider limiting their use of the term “appliques” to Class 26 because
including this term in other classes may result in a Notice of
Irregularity.
007 3D printers
These goods function as additive
manufacturing machines that create or build three-dimensional solid objects by
laying down successive layers of material, and thus, classified as “machines”
which is in the Class Heading for Class 7.
040 3D printing
This service refers to the process of
creating or building three dimensional solid objects from a digital model by
laying down successive layers of material.
040 3D printing of {indicate field of goods, e.g., toys,
furniture, etc.}
3D printing is acceptable wording; further
specification is acceptable, but it is not required.