[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47528-47530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19568]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2012-0027]
RIN 0651-AC80


International Trademark Classification Changes

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The United States Patent and Trademark Office (``USPTO'') 
issues a final rule to incorporate classification changes adopted by 
the Nice Agreement Concerning the International Classification of Goods 
and Services for the Purposes of the Registration of Marks (``Nice 
Agreement''). These changes became effective January 1, 2012, and are 
listed in the International Classification of Goods and Services for 
the Purposes of the Registration of Marks (10th ed., 2011), which is 
published by the World Intellectual Property Organization (``WIPO''). 
In addition, the USPTO is amending some punctuation and grammar to 
conform to what appears in the Nice Agreement.

DATES: This rule is effective on August 9, 2012.

FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy 
Commissioner for Trademark Examination Policy, by telephone at (571) 
272-8742.

SUPPLEMENTARY INFORMATION: The USPTO is revising 37 CFR 6.1 to 
incorporate classification changes and modifications that became 
effective January 1, 2012, as listed in the International 
Classification of Goods and Services for the Purposes of the 
Registration of Marks (10th ed., 2011), published by WIPO. These 
revisions have been incorporated into the Nice Agreement. As a 
signatory to the Nice Agreement, the United States adopts these 
revisions pursuant to Article 1. In addition, the USPTO is revising 
punctuation and grammar so that it will conform to what appears in the 
Nice Agreement.
    The following changes are noted:
    Class 5 is amended to change ``dietetic substances adapted for 
medical use,'' to ``dietetic food and substances adapted for medical 
use,'' and to add ``dietary supplements for humans and animals;'' 
before ``plasters.''
    Class 7 is amended to insert ``automatic vending machines'' after 
the word ``eggs.''
    Class 9 is amended to insert ``compact discs, DVDs and other 
digital recording media;'' after ``discs;'' and to insert ``computer 
software;'' after ``computers.'' ``Automatic vending machines and'' is 
deleted from Class 9; automatic vending machines are classified in 
Class 7.
    Class 18 is amended to replace ``umbrellas, parasols and walking 
sticks'' with ``umbrellas and parasols; walking sticks.''
    Class 24 is amended to replace ``bed and table covers'' with ``bed 
covers; table covers.''
    Classes 30 and 31 are amended to reorder the manner in which the 
goods are listed in the class.
    Class 32 is amended to replace ``non-alcoholic drinks; fruit 
drinks'' with ``non-alcoholic beverages; fruit beverages.''

Rulemaking Requirements

    Administrative Procedure Act: The amendments in this final rule are 
procedural in nature as they only reorganize the international 
classifications of goods and services and modify the form of wording. 
The reorganization and modification have been established by the 
Committee of Experts of the Nice Union and have been promulgated in the 
volume entitled International Classification of Goods and Services for 
the Purposes of the Registration of Marks (10th ed., 2011). Therefore, 
prior notice and an opportunity for public comment are not required 
pursuant to 5 U.S.C. 553(b)(A), or any other law. Furthermore, pursuant 
to 5 U.S.C. 553(b)(B), notice and an opportunity for public comment are 
unnecessary since the amendments are required by the Nice Agreement, to 
which the United States is a signatory.
    Regulatory Flexibility Act: The final rule involves rules of agency 
practice and procedure. As prior notice and an opportunity for public 
comment are not required pursuant to 5 U.S.C. 553 or any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are inapplicable.
    Executive Order 12866: This rule has been determined not to be 
significant for purposes of Executive Order 12866 (Sept. 3, 1993).
    Executive Order 13563: The USPTO has complied with Executive Order 
13563. Specifically, the USPTO has, to the extent feasible and 
applicable: (1) Made a reasoned determination that the benefits justify 
the costs of the rule; (2) tailored the rule to impose the least burden 
on society consistent with obtaining the regulatory objectives; (3) 
selected a regulatory approach that maximizes net benefits; (4) 
specified performance objectives; (5) identified and assessed available 
alternatives; (6) provided the public with a meaningful opportunity to 
participate in the regulatory process, including soliciting the views 
of those likely affected prior to issuing a notice of proposed 
rulemaking, and provided on-line access to the rulemaking docket; (7) 
attempted to promote coordination, simplification, and harmonization 
across government agencies and identified goals designed to promote 
innovation; (8) considered approaches that reduce burdens and maintain 
flexibility and freedom of choice for the public; and (9) ensured the 
objectivity of scientific and technological information and processes, 
to the extent applicable.

[[Page 47529]]

    Executive Order 13132: This rule does not contain policies with 
federalism implications sufficient to warrant preparation of a 
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
    Congressional Review Act: Under the Congressional Review Act 
provisions of the Small Business Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the 
United States Patent and Trademark Office will submit a report 
containing the final rule and other required information to the United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the Government Accountability Office. The 
changes in this notice are not expected to result in an annual effect 
on the economy of 100 million dollars or more, a major increase in 
costs or prices, or significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets. Therefore, this notice is 
not expected to result in a ``major rule'' as defined in 5 U.S.C. 
804(2).
    Unfunded Mandates Reform Act of 1995: The changes set forth in this 
rulemaking do not involve a Federal intergovernmental mandate that will 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, of 100 million dollars (as adjusted) or more in any one 
year, or a Federal private sector mandate that will result in the 
expenditure by the private sector of 100 million dollars (as adjusted) 
or more in any one year, and will not significantly or uniquely affect 
small governments. Therefore, no actions are necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 
1501 et seq.
    Paperwork Reduction Act: This final rule does not involve 
information collection requirements which are subject to review by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 37 CFR Part 6

    Administrative practice and procedure, Trademarks, Classification.

    For the reasons stated in the preamble and under the authority 
contained in 15 U.S.C. 1112, 1123 and 35 U.S.C. 2, as amended, the 
USPTO is amending part 6 of title 37 as follows:

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

0
1. The authority citation for 37 CFR part 6 continues to read as 
follows:

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


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


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

Goods

    1. Chemicals used in industry, science and photography, as well as 
in agriculture, horticulture and forestry; unprocessed artificial 
resins, unprocessed plastics; manures; fire extinguishing compositions; 
tempering and soldering preparations; chemical substances for 
preserving foodstuffs; tanning substances; adhesives used in industry.
    2. Paints, varnishes, lacquers; preservatives against rust and 
against deterioration of wood; colorants; mordants; raw natural resins; 
metals in foil and powder form for painters, decorators, printers and 
artists.
    3. Bleaching preparations and other substances for laundry use; 
cleaning, polishing, scouring and abrasive preparations; soaps; 
perfumery, essential oils, cosmetics, hair lotions; dentifrices.
    4. Industrial oils and greases; lubricants; dust absorbing, wetting 
and binding compositions; fuels (including motor spirit) and 
illuminants; candles and wicks for lighting.
    5. Pharmaceutical and veterinary preparations; sanitary 
preparations for medical purposes; dietetic food and substances adapted 
for medical use, food for babies; dietary supplements for humans and 
animals; plasters, materials for dressings; material for stopping 
teeth, dental wax; disinfectants; preparations for destroying vermin; 
fungicides, herbicides.
    6. Common metals and their alloys; metal building materials; 
transportable buildings of metal; materials of metal for railway 
tracks; non-electric cables and wires of common metal; ironmongery, 
small items of metal hardware; pipes and tubes of metal; safes; goods 
of common metal not included in other classes; ores.
    7. Machines and machine tools; motors and engines (except for land 
vehicles); machine coupling and transmission components (except for 
land vehicles); agricultural implements other than hand-operated; 
incubators for eggs; automatic vending machines.
    8. Hand tools and implements (hand-operated); cutlery; side arms; 
razors.
    9. Scientific, nautical, surveying, photographic, cinematographic, 
optical, weighing, measuring, signalling, checking (supervision), life-
saving and teaching apparatus and instruments; apparatus and 
instruments for conducting, switching, transforming, accumulating, 
regulating or controlling electricity; apparatus for recording, 
transmission or reproduction of sound or images; magnetic data 
carriers, recording discs; compact discs, DVDs and other digital 
recording media; mechanisms for coin-operated apparatus; cash 
registers, calculating machines, data processing equipment, computers; 
computer software; fire-extinguishing apparatus.
    10. Surgical, medical, dental and veterinary apparatus and 
instruments, artificial limbs, eyes and teeth; orthopedic articles; 
suture materials.
    11. Apparatus for lighting, heating, steam generating, cooking, 
refrigerating, drying, ventilating, water supply and sanitary purposes.
    12. Vehicles; apparatus for locomotion by land, air or water.
    13. Firearms; ammunition and projectiles; explosives; fireworks.
    14. Precious metals and their alloys and goods in precious metals 
or coated therewith, not included in other classes; jewellery, precious 
stones; horological and chronometric instruments.
    15. Musical instruments.
    16. Paper, cardboard and goods made from these materials, not 
included in other classes; printed matter; bookbinding material; 
photographs; stationery; adhesives for stationery or household 
purposes; artists' materials; paint brushes; typewriters and office 
requisites (except furniture); instructional and teaching material 
(except apparatus); plastic materials for packaging (not included in 
other classes); printers' type; printing blocks.
    17. Rubber, gutta-percha, gum, asbestos, mica and goods made from 
these materials and not included in other classes; plastics in extruded 
form for use in manufacture; packing, stopping and insulating 
materials; flexible pipes, not of metal.
    18. Leather and imitations of leather, and goods made of these 
materials and not included in other classes; animal skins, hides; 
trunks and travelling bags; umbrellas and parasols; walking sticks; 
whips, harness and saddlery.
    19. Building materials (non-metallic); non-metallic rigid pipes for 
building; asphalt, pitch and bitumen; non-metallic transportable 
buildings; monuments, not of metal.
    20. Furniture, mirrors, picture frames; goods (not included in 
other classes) of wood, cork, reed, cane, wicker, horn,

[[Page 47530]]

bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and 
substitutes for all these materials, or of plastics.
    21. Household or kitchen utensils and containers; combs and 
sponges; brushes (except paint brushes); brush-making materials; 
articles for cleaning purposes; steelwool; unworked or semi-worked 
glass (except glass used in building); glassware, porcelain and 
earthenware not included in other classes.
    22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks 
and bags (not included in other classes); padding and stuffing 
materials (except of rubber or plastics); raw fibrous textile 
materials.
    23. Yarns and threads, for textile use.
    24. Textiles and textile goods, not included in other classes; bed 
covers; table covers.
    25. Clothing, footwear, headgear.
    26. Lace and embroidery, ribbons and braid; buttons, hooks and 
eyes, pins and needles; artificial flowers.
    27. Carpets, rugs, mats and matting, linoleum and other materials 
for covering existing floors; wall hangings (non-textile).
    28. Games and playthings; gymnastic and sporting articles not 
included in other classes; decorations for Christmas trees.
    29. Meat, fish, poultry and game; meat extracts; preserved, frozen, 
dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; 
milk and milk products; edible oils and fats.
    30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and 
sago; flour and preparations made from cereals; bread, pastry and 
confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; 
mustard; vinegar, sauces (condiments); spices; ice.
    31. Grains and agricultural, horticultural and forestry products 
not included in other classes; live animals; fresh fruits and 
vegetables; seeds, natural plants and flowers; foodstuffs for animals, 
malt.
    32. Beers; mineral and aerated waters and other non-alcoholic 
beverages; fruit beverages and fruit juices; syrups and other 
preparations for making beverages.
    33. Alcoholic beverages (except beers).
    34. Tobacco; smokers' articles; matches.

Services

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

    Dated: August 3, 2012.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2012-19568 Filed 8-8-12; 8:45 am]
BILLING CODE 3510-16-P