[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Rules and Regulations]
[Pages 48338-48340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23454]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 6

[Docket No. 010827218-1218-01]
RIN 0651-AB42


International Trademark Classification Changes

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The United States Patent and Trademark Office (Office) issues 
a final rule to incorporate classification changes adopted by the Nice 
Agreement Concerning the International Classification of Goods and 
Services for the Purposes of the Registration of Marks. These changes 
will become effective January 1, 2002, and will be listed in the 
International Classification of Goods and Services for the Purposes of 
the Registration of Marks (8th ed., 2001), which is published by the 
World Intellectual Property Organization (WIPO).

DATES: This final rule is effective January 1, 2002.

FOR FURTHER INFORMATION CONTACT: Jessie Marshall, Office of the 
Commissioner for Trademarks, by telephone at (703) 308-8910, ext. 148; 
by facsimile transmission addressed to her at (703) 308-9395; by e-mail 
addressed to her at [email protected]; or by mail marked to her 
attention and addressed to the Commissioner for Trademarks, 2900 
Crystal Drive, Arlington, Virginia 22202-3513.

SUPPLEMENTARY INFORMATION:

Discussion of Specific Rules Changed or Added

    The Office is revising Sec. 6.1 to incorporate classification 
changes that will become effective January 1, 2002, as will be listed 
in the International Classification of Goods and Services for the 
Purposes of the Registration of Marks (8th ed., 2001), published by the 
World Intellectual Property Organization (WIPO).
    These revisions have been incorporated into the Nice Agreement 
Concerning the International Classification of Goods and Services for 
the Purposes of the Registration of Marks. As a signatory to the Nice 
Agreement, the United States adopts these revisions pursuant to Article 
1.
    The purpose of the Nice Classification is to group, to the fullest 
extent possible, like goods or services into a single class. Generally, 
the system is successful in achieving that purpose. However, over the 
years, it became apparent that Class 42 included many disparate 
services due to the inclusion of the language ``services that cannot be 
classified in other classes'' in the class title. This language allowed 
services as different as chemical research and horoscope casting to be 
included in the class. Therefore, after much study and discussion, the 
Committee of Experts for the Nice Agreement approved the restructuring 
of Class 42. The subsequent restructuring limited the scope of the 
services in Class 42, created three additional classes that accounted 
for services formerly grouped in Class 42, and excluded the language 
``services that cannot be classified in other classes'' in any of the 
new or old service classes. The Committee of Experts found that the 
revision of Class 42 created an adequate number of well-defined classes 
so that this language was no longer necessary in the class headings or 
explanatory notes of the Nice Agreement.
    Along with the creation of the new classes and their class 
headings, the Committee of Experts approved the following Explanatory 
Notes for each class to clarify the nature of the services encompassed 
by the class heading.

Class 42

    Scientific and technological services and research and design 
relating thereto; industrial analysis and research services; design and 
development of computer hardware and software; legal services.
Explanatory Note
    Class 42 includes mainly services provided by persons, individually 
or collectively, in relation to the theoretical and practical aspects 
of complex fields of activities; such services are provided by members 
of professions such as chemists, physicists, engineers, computer 
specialists, lawyers, etc.
    This Class includes, in particular:
     The services of engineers who undertake evaluations, 
estimates, research and reports in the scientific and technological 
fields;
     Scientific research services for medical purposes.
    This Class does not include, in particular:
     Business research and evaluations (Cl. 35);
     Word processing and computer file management services (Cl. 
35);
     Financial and fiscal evaluations (Cl. 36);

[[Page 48339]]

     Mining and oil extraction (Cl. 37);
     Computer (hardware) installation and repair services (Cl. 
37);
     Services provided by the members of professions such as 
medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
     Medical treatment services (Cl. 44);
     Garden design (Cl. 44).

Class 43

    Services for providing food and drink; temporary accommodations.
Explanatory Note
    Class 43 includes mainly services provided by persons or 
establishments whose aim is to prepare food and drink for consumption 
and services provided to obtain bed and board in hotels, boarding 
houses or other establishments providing temporary accommodations.
    This Class includes, in particular:
     Reservation services for travellers' accommodations, 
particularly through travel agencies or brokers;
     Boarding for animals.
    This Class does not include, in particular:
     Rental services for real estate such as houses, flats, 
etc., for permanent use (Cl. 36);
     Arranging travel by tourist agencies (Cl. 39);
     Preservation services for food and drink (Cl. 40);
     Discotheque services (Cl. 41);
     Boarding schools (Cl. 41);
     Rest and convalescent homes (Cl. 44).

Class 44

    Medical services; veterinary services; hygienic and beauty care for 
human beings or animals; agriculture, horticulture and forestry 
services.
Explanatory Note
    Class 44 includes mainly medical, hygienic, and beauty care given 
by persons or establishments to human beings and animals; it also 
includes services relating to the fields of agriculture, horticulture 
and forestry.
    This Class includes, in particular:
     Medical analysis services relating to the treatment of 
persons (such as x-ray examinations and taking of blood samples);
     Artificial insemination services;
     Pharmacy advice;
     Animal breeding;
     Services relating to the growing of plants such as 
gardening;
     Services relating to floral art such as floral 
compositions as well as garden design.
    This Class does not include, in particular:
     Vermin extermination (other than for agriculture, 
horticulture and forestry) (Cl. 37);
     Installation and repair services for irrigation systems 
(Cl. 37);
     Ambulance transport (Cl. 39);
     Animal slaughtering services and taxidermy (Cl. 40);
     Timber felling and processing (Cl. 40);
     Animal training services (Cl. 41);
     Health clubs for physical exercise (Cl. 41);
     Scientific research services for medical purposes (Cl. 
42);
     Boarding for animals (Cl. 43);
     Retirement homes (Cl. 43).

Class 45

    Personal and social services rendered by others to meet the needs 
of individuals; security services for the protection of property and 
individuals.
Explanatory Note
    This Class includes, in particular:
     Investigation and surveillance services relating to the 
safety of persons and entities;
     Services provided to individuals in relation with social 
events, such as social escort services, matrimonial agencies, and 
funeral services.
    This Class does not include, in particular:
     Professional services giving direct aid in the operations 
or functions of a commercial undertaking (Cl. 35);
     Services relating to financial or monetary affairs and 
services dealing with insurance (Cl. 36);
     Escorting of travellers (Cl. 39);
     Security transport (Cl. 39);
     Services consisting of all forms of education of persons 
(Cl. 41);
     Performances of singers and dancers (Cl. 41);
     Legal services (Cl. 42);
     Services provided by others to give medical, hygienic or 
beauty care for human beings or animals (Cl. 44);
     Certain rental services (consult the Alphabetical List of 
Services and General Remark (b) relating to the classification of 
services).

Rulemaking Requirements

    Administrative Procedure Act: The amendments in this final rule are 
procedural in nature as they only reorganize the international 
classifications of goods and services, which are established by the 
Committee of Experts of the Nice Union and will be promulgated in the 
volume entitled International Classification of Goods and Services for 
the Purposes of the Registration of Marks (8th ed. 2002). Therefore, 
prior notice and an opportunity for public comment are not required 
pursuant to 5 U.S.C. 553(b)(A), or any other law. Furthermore, pursuant 
to 5 U.S.C. 553(b)(B), notice and an opportunity for public comment are 
unnecessary since the amendments are required by the Nice Agreement to 
which the United States is a signatory.
    Regulatory Flexibility Act: As prior notice and an opportunity for 
public comment are not required pursuant to 5 U.S.C. 553 (or any other 
law), the analytical requirements of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) are inapplicable.
    Executive Order 13132: This final rule does not contain policies 
with federalism implications, as that term is defined in Executive 
Order 13132 (August 4, 1999).
    Executive Order 12866: This final rule has been determined to be 
not significant for purposes of Executive Order 12866 (September 30, 
1993).
    Paperwork Reduction Act: This final rule does not involve 
information collection requirements which are subject to review by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 37 CFR Part 6

    Trademarks.

    For the reasons given in the preamble and under the authority 
contained in 35 U.S.C. 2 and 15 U.S.C. 41, as amended, the United 
States Patent and Trademark Office is amending part 6 of title 37 as 
follows:

PART 6--CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK 
ACT

    1. The authority citation for part 6 continues to read as follows:

    Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise 
noted.

    2. Section 6.1 is amended by revising paragraph 42, and adding 
paragraphs 43, 44, and 45, to read as follows:


Sec. 6.1  International schedule of classes of goods and services.

Goods

* * * * *
    42. Scientific and technological services and research and design 
relating thereto; industrial analysis and research services; design and 
development of computer hardware and software; legal services.
    43. Services for providing food and drink; temporary 
accommodations.
    44. Medical services; veterinary services; hygienic and beauty care 
for human beings or animals; agriculture, horticulture and forestry 
services.

[[Page 48340]]

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

    Dated: September 14, 2001.
Nicholas P. Godici,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. 01-23454 Filed 9-19-01; 8:45 am]
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