[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28610-28612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9764]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2007-0004]
RIN 0651-AC10


International Trademark Classification Changes

AGENCY: United States Patent and Trademark Office, Department of 
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 (Nice 
Agreement). These changes became effective January 1, 2007, and are 
listed in the International Classification of Goods and Services for 
the Purposes of the Registration of Marks (9th ed., 2006), which is 
published by the World Intellectual Property Organization (WIPO). In 
addition, the Office is amending some punctuation and spelling in 
certain wording so the wording conforms to what appears in the Nice 
Agreement.

DATES: This final rule is effective May 22, 2007.

FOR FURTHER INFORMATION CONTACT: Jessie Roberts, Office of the 
Commissioner for Trademarks, by telephone at (571) 272-9574; by 
facsimile transmission addressed to her at (571) 273-9574; by e-mail 
addressed to her at [email protected]; or by mail marked to her 
attention and addressed to the Commissioner for Trademarks, P.O. Box 
1451, Alexandria, VA 22313-1451.

SUPPLEMENTARY INFORMATION:

Discussion of Specific Rule Changed

    The Office is revising Sec.  6.1 to incorporate classification 
changes and modifications that became effective January 1, 2007, or in 
earlier revisions of the Nice Agreement, as listed in the International 
Classification of Goods and Services for the Purposes of the 
Registration of Marks (9th ed., 2006), published by WIPO. In addition, 
the Office is revising the punctuation and spelling of certain wording 
so that it will conform to what appears in the Nice Agreement.
    These revisions have been incorporated into the Nice Agreement. As 
a signatory to the Nice Agreement, the United States adopts these 
revisions pursuant to Article 1.
    The following changes are noted:
    Class 4 is amended to change ``wicks'' to ``wicks for lighting.''
    Class 5 is amended to change ``pharmaceutical, veterinary, and 
sanitary preparations'' to ``pharmaceutical and veterinary 
preparations; sanitary preparations for medical purposes;''
    Class 9 is amended to delete ``electric'' after ``surveying;'' and 
to add ``apparatus and instruments for conducting, switching, 
transforming, accumulating, regulating or controlling electricity;'' 
before ``apparatus for recording.''
    Class 16 is amended to delete ``playing cards.'' Playing cards are 
classified in Class 28.
    Class 21 is amended to delete ``(not of precious metal or coated 
therewith)'' after ``Household or kitchen utensils and containers.''
    Class 29 is amended to add ``frozen'' before ``dried;'' to delete 
``fruit sauces'' and replace it with ``compotes.''
    Class 42 is amended to delete ``Legal services.''
    Class 45 is amended to add ``Legal services'' and to reorder the 
manner in which the services are listed in the class.

Rule Making Requirements

    Administrative Procedure Act: The amendments in this final rule are 
procedural in nature as they only reorganize the international 
classifications of goods and services and modify the form of the 
wording. The reorganization and modification have been established by 
the Committee of Experts of the Nice Union and have been promulgated in 
the volume entitled International Classification of Goods and Services 
for the Purposes of the Registration of Marks (9th ed. 2006). 
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

[[Page 28611]]

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.

0
For the reasons given in the preamble and under the authority contained 
in 35 U.S.C. 2 and 15 U.S.C. 1112 and 1123, 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

0
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.


0
2. Revise Sec.  6.1 to read as follows:


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

Goods

    1. Chemicals used in industry, science and photography, as well as 
in agriculture, horticulture and forestry; unprocessed artificial 
resins, unprocessed plastics; manures; fire extinguishing compositions; 
tempering and soldering preparations; chemical substances for 
preserving foodstuffs; tanning substances; adhesives used in industry.
    2. Paints, varnishes, lacquers; preservatives against rust and 
against deterioration of wood; colorants; mordants; raw natural resins; 
metals in foil and powder form for painters, decorators, printers and 
artists.
    3. Bleaching preparations and other substances for laundry use; 
cleaning, polishing, scouring and abrasive preparations; soaps; 
perfumery, essential oils, cosmetics, hair lotions; dentifrices.
    4. Industrial oils and greases; lubricants; dust absorbing, wetting 
and binding compositions; fuels (including motor spirit) and 
illuminants; candles and wicks for lighting.
    5. Pharmaceutical and veterinary preparations; sanitary 
preparations for medical purposes; dietetic substances adapted for 
medical use, food for babies; plasters, materials for dressings; 
material for stopping teeth, dental wax; disinfectants; preparations 
for destroying vermin; fungicides, herbicides.
    6. Common metals and their alloys; metal building materials; 
transportable buildings of metal; materials of metal for railway 
tracks; non-electric cables and wires of common metal; ironmongery, 
small items of metal hardware; pipes and tubes of metal; safes; goods 
of common metal not included in other classes; ores.
    7. Machines and machine tools; motors and engines (except for land 
vehicles); machine coupling and transmission components (except for 
land vehicles); agricultural implements other than hand-operated; 
incubators for eggs.
    8. Hand tools and implements (hand-operated); cutlery; side arms; 
razors.
    9. Scientific, nautical, surveying, photographic, cinematographic, 
optical, weighing, measuring, signalling, checking (supervision), life-
saving and teaching apparatus and instruments; apparatus and 
instruments for conducting, switching, transforming, accumulating, 
regulating or controlling electricity; apparatus for recording, 
transmission or reproduction of sound or images; magnetic data 
carriers, recording discs; automatic vending machines and mechanisms 
for coin-operated apparatus; cash registers, calculating machines, data 
processing equipment and computers; fire-extinguishing apparatus.
    10. Surgical, medical, dental and veterinary apparatus and 
instruments, artificial limbs, eyes and teeth; orthopedic articles; 
suture materials.
    11. Apparatus for lighting, heating, steam generating, cooking, 
refrigerating, drying, ventilating, water supply and sanitary purposes.
    12. Vehicles; apparatus for locomotion by land, air or water.
    13. Firearms; ammunition and projectiles; explosives; fireworks.
    14. Precious metals and their alloys and goods in precious metals 
or coated therewith, not included in other classes; jewellery, precious 
stones; horological and chronometric instruments.
    15. Musical instruments.
    16. Paper, cardboard and goods made from these materials, not 
included in other classes; printed matter; bookbinding material; 
photographs; stationery; adhesives for stationery or household 
purposes; artists' materials; paint brushes; typewriters and office 
requisites (except furniture); instructional and teaching material 
(except apparatus); plastic materials for packaging (not included in 
other classes); printers' type; printing blocks.
    17. Rubber, gutta-percha, gum, asbestos, mica and goods made from 
these materials and not included in other classes; plastics in extruded 
form for use in manufacture; packing, stopping and insulating 
materials; flexible pipes, not of metal.
    18. Leather and imitations of leather, and goods made of these 
materials and not included in other classes; animal skins, hides; 
trunks and travelling bags; umbrellas, parasols and walking sticks; 
whips, harness and saddlery.
    19. Building materials (non-metallic); non-metallic rigid pipes for 
building; asphalt, pitch and bitumen; non-metallic transportable 
buildings; monuments, not of metal.
    20. Furniture, mirrors, picture frames; goods (not included in 
other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, 
whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes 
for all these materials, or of plastics.
    21. Household or kitchen utensils and containers; combs and 
sponges; brushes (except paint brushes); brush-making materials; 
articles for cleaning purposes; steelwool; unworked or semi-worked 
glass (except glass used in building); glassware, porcelain and 
earthenware not included in other classes.
    22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks 
and bags (not included in other classes); padding and stuffing 
materials (except of rubber or plastics); raw fibrous textile 
materials.
    23. Yarns and threads, for textile use.
    24. Textiles and textile goods, not included in other classes; bed 
and table covers.
    25. Clothing, footwear, headgear.
    26. Lace and embroidery, ribbons and braid; buttons, hooks and 
eyes, pins and needles; artificial flowers.
    27. Carpets, rugs, mats and matting, linoleum and other materials 
for covering existing floors; wall hangings (non-textile).
    28. Games and playthings; gymnastic and sporting articles not 
included in other classes; decorations for Christmas trees.
    29. Meat, fish, poultry and game; meat extracts; preserved, frozen, 
dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, 
milk and milk products; edible oils and fats.
    30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial 
coffee; flour and preparations made from cereals, bread,

[[Page 28612]]

pastry and confectionery, ices; honey, treacle; yeast, baking-powder; 
salt, mustard; vinegar, sauces (condiments); spices; ice.
    31. Agricultural, horticultural and forestry products and grains 
not included in other classes; live animals; fresh fruits and 
vegetables; seeds, natural plants and flowers; foodstuffs for animals, 
malt.
    32. Beers; mineral and aerated waters and other non-alcoholic 
drinks; fruit drinks and fruit juices; syrups and other preparations 
for making beverages.
    33. Alcoholic beverages (except beers).
    34. Tobacco; smokers' articles; matches.

Services

    35. Advertising; business management; business administration; 
office functions.
    36. Insurance; financial affairs; monetary affairs; real estate 
affairs.
    37. Building construction; repair; installation services.
    38. Telecommunications.
    39. Transport; packaging and storage of goods; travel arrangement.
    40. Treatment of materials.
    41. Education; providing of training; entertainment; sporting and 
cultural activities.
    42. Scientific and technological services and research and design 
relating thereto; industrial analysis and research services; design and 
development of computer hardware and software.
    43. Services for providing food and drink; temporary accommodation.
    44. Medical services; veterinary services; hygienic and beauty care 
for human beings or animals; agriculture, horticulture and forestry 
services.
    45. Legal services; security services for the protection of 
property and individuals; personal and social services rendered by 
others to meet the needs of individuals.

    Dated: May 16, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property, and Director of 
the United States Patent and Trademark Office.
[FR Doc. E7-9764 Filed 5-21-07; 8:45 am]
BILLING CODE 3510-16-P