[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69501-69504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22353]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2020-0037]
RIN 0651-AD49


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 (USPTO) issues 
this 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 are listed in the International 
Classification of Goods and Services for the Purposes of the 
Registration of Marks (Nice Classification), which is published by the 
World Intellectual Property Organization (WIPO), and will become 
effective on January 1, 2021.

DATES: This rule is effective on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy 
Commissioner for Trademark Examination Policy, at 571-272-8946, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 
    Purpose: As noted above, this final rule incorporates 
classification changes adopted by the Nice Agreement that will become 
effective on January 1, 2021. Specifically, this rule adds new services 
to or deletes existing services from two class headings to further 
define the types of services appropriate to the class.
    Summary of Major Provisions: The USPTO is revising Sec.  6.1 of 37 
CFR part 6 to incorporate classification changes and modifications, as 
listed in the Nice Classification (11th ed., ver. 2021), published by 
WIPO, which will become effective on January 1, 2021.
    The Nice Agreement is a multilateral treaty, administered by WIPO, 
that establishes the international classification of goods and services 
for the purposes of registering trademarks and service marks. As of 
September 1, 1973, this international classification system is the 
controlling system used by the United States, and it applies, for all 
statutory purposes, to all applications filed on or after September 1, 
1973, and their resulting registrations. See 37 CFR 2.85(a). Every 
signatory to the Nice Agreement must utilize the international 
classification system.
    Each state party to the Nice Agreement is represented in the 
Committee of Experts of the Nice Union (Committee of Experts), which 
meets annually to vote on proposed changes to the Nice Classification. 
Any state that is a party to the Nice Agreement may submit proposals 
for consideration by the other members of the Committee of Experts in 
accordance with agreed-upon rules of procedure. Proposals are currently 
submitted on an annual basis to an electronic forum on the WIPO 
website, commented upon, modified, and compiled by WIPO for further 
discussion and voting at the annual Committee of Experts meeting.
    In 2013, the Committee of Experts began annual revisions to the 
Nice Classification. The annual revisions, which are published 
electronically and enter into force on January 1 each year, are 
referred to as versions and identified by edition number and the year 
of the effective date (e.g., ``Nice Classification, 10th edition, 
version 2013'' or ``NCL 10-2013''). Each annual version includes all 
changes adopted by the Committee of Experts since the adoption of the 
previous version. The changes consist of: (1) The addition of new goods 
and services to, and deletion of goods and services from, the 
Alphabetical List, and (2) any modifications to the wording in the 
Alphabetical List, the class headings, and the explanatory notes that 
do not involve the transfer of goods or services from one class to 
another. New editions of the Nice Classification continue to be 
published electronically every five years and include all changes 
adopted since the previous annual version, as well as goods or services 
transferred from one class to another or new classes that have been 
created since the previous edition.
    Due to the worldwide impact of COVID-19, the International Bureau 
(IB) at WIPO announced on March 12, 2020, that the 30th session of the 
Committee of Experts, originally scheduled to be held in Geneva, 
Switzerland, from April 27, 2020, to May 1, 2020, would not be convened 
in person as planned. In order to maintain the revision cycle of the 
Nice Classification as much as possible,

[[Page 69502]]

the IB issued circular NCL 164 to Member States of the Nice Union to 
collect their opinion about the possibility of voting through the Nice 
Electronic Forum on proposals that had been submitted for the 30th 
session (e-voting). All proposals that received unanimous support 
through e-voting would be regarded as adopted for inclusion into the 
next version of the Nice Classification (NCL 11-2021), which will enter 
into force on January 1, 2021. All non-adopted proposals would be 
carried forward to the next session for further discussion. The IB's 
suggestion was supported by 29 of the 32 Member States of the Nice 
Union who submitted comments to the proposal.
    The annual revisions contained in this final rule consist of 
modifications to the class headings that were incorporated into the 
Nice Agreement through e-voting during the 30th Session of the 
Committee of Experts, from April 1, 2020, through May 1, 2020. Under 
the Nice Classification, there are 34 classes of goods and 11 classes 
of services, each with a class heading. Class headings generally 
indicate the fields to which goods and services belong. Specifically, 
this rule adds new services to or deletes existing services from two 
class headings, as set forth in the discussion of regulatory changes 
below. The changes to the class headings further define the types of 
services appropriate to the class. As a signatory to the Nice 
Agreement, the United States adopts these revisions pursuant to Article 
1.

Discussion of Regulatory Changes

    The USPTO is revising Sec.  6.1 as follows:
    In Class 35, a comma is added after ``management'' and the wording 
``organization and administration'' is added immediately thereafter. 
The wording ``business administration'' and the semicolon thereafter 
are deleted.
    In Class 36, the wording ``Financial, monetary, and banking 
services;'' is added, and immediately thereafter, ``Insurance'' is 
amended to ``insurance services.'' The wording ``financial affairs'' 
and ``monetary affairs'' and the semicolons thereafter are deleted.

Rulemaking Requirements

    A. Administrative Procedure Act: The changes in this rulemaking 
involve rules of agency practice and procedure, and/or interpretive 
rules. See Perez v. Mortg. Bankers Ass'n, 575 U.S. 92, 97 (2015) 
(Interpretive rules ``advise the public of the agency's construction of 
the statutes and rules which it administers.'' (citation and internal 
quotation marks omitted)); Nat'l Org. of Veterans' Advocates v. Sec'y 
of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (Rule that 
clarifies interpretation of a statute is interpretive.); Bachow 
Commc'ns Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules 
governing an application process are procedural under the 
Administrative Procedure Act.); Inova Alexandria Hosp. v. Shalala, 244 
F.3d 342, 350 (4th Cir. 2001) (Rules for handling appeals were 
procedural where they did not change the substantive standard for 
reviewing claims.).
    Accordingly, prior notice and opportunity for public comment for 
the changes in this rulemaking are not required pursuant to 5 U.S.C. 
553(b) or (c), or any other law. See Perez, 575 U.S. at 101 (Notice and 
comment procedures are required neither when an agency ``issue[s] an 
initial interpretive rule'' nor ``when it amends or repeals that 
interpretive rule.''); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-
37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 
2(b)(2)(B), does not require notice and comment rulemaking for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice'' (quoting 5 U.S.C. 
553(b)(A))).
    B. 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, neither a Regulatory Flexibility Act analysis nor a 
certification under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) is required. See 5 U.S.C. 603.
    C. Executive Order 12866 (Regulatory Planning and Review): This 
rulemaking has been determined to be not significant for purposes of 
Executive Order 12866 (Sept. 30, 1993).
    D. Executive Order 13563 (Improving Regulation and Regulatory 
Review): The USPTO has complied with Executive Order 13563 (Jan. 18, 
2011). 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) involved the public in an open exchange of 
information and perspectives among experts in relevant disciplines, 
affected stakeholders in the private sector, and the public as a whole, 
and provided online 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.
    E. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs): This rule is not an Executive Order 13771 (Jan. 30, 
2017) regulatory action because this rule is not significant under 
Executive Order 12866 (Sept. 30, 1993).
    F. Executive Order 13132 (Federalism): This rulemaking does not 
contain policies with federalism implications sufficient to warrant 
preparation of a Federalism Assessment under Executive Order 13132 
(Aug. 4, 1999).
    G. Executive Order 13175 (Tribal Consultation): This rulemaking 
will not: (1) Have substantial direct effects on one or more Indian 
tribes; (2) impose substantial direct compliance costs on Indian tribal 
governments; or (3) preempt tribal law. Therefore, a tribal summary 
impact statement is not required under Executive Order 13175 (Nov. 6, 
2000).
    H. Executive Order 13211 (Energy Effects): This rulemaking is not a 
significant energy action under Executive Order 13211 because this 
rulemaking is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy. Therefore, a Statement of 
Energy Effects is not required under Executive Order 13211 (May 18, 
2001).
    I. Executive Order 12988 (Civil Justice Reform): This rulemaking 
meets applicable standards to minimize litigation, eliminate ambiguity, 
and reduce burden as set forth in sections 3(a) and 3(b)(2) of 
Executive Order 12988 (Feb. 5, 1996).
    J. Executive Order 13045 (Protection of Children): This rulemaking 
does not concern an environmental risk to health or safety that may 
disproportionately affect children under Executive Order 13045 (Apr. 
21, 1997).
    K. Executive Order 12630 (Taking of Private Property): This 
rulemaking will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Mar. 15, 1988).
    L. 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 USPTO 
will submit a report containing the final rule

[[Page 69503]]

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 rulemaking 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 rulemaking is not expected to result in 
a ``major rule'' as defined in 5 U.S.C. 804(2).
    M. 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.
    N. National Environmental Policy Act of 1969: This rulemaking will 
not have any effect on the quality of the environment and is thus 
categorically excluded from review under the National Environmental 
Policy Act of 1969. See 42 U.S.C. 4321 et seq.
    O. National Technology Transfer and Advancement Act of 1995: The 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because 
this rulemaking does not contain provisions that involve the use of 
technical standards.
    P. Paperwork Reduction Act of 1995: This final rule does not 
involve information collection requirements that 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.).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act unless that collection of information 
has a currently valid OMB control number.

List of Subjects in 37 CFR Part 6

    Trademarks.

    For the reasons given 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 part 6 continues to read as follows:

    Authority: Secs. 30, 41, 60 Stat. 436, 440; 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 for use in industry, science and photography, as well 
as in agriculture, horticulture and forestry; unprocessed artificial 
resins, unprocessed plastics; fire extinguishing and fire prevention 
compositions; tempering and soldering preparations; substances for 
tanning animal skins and hides; adhesives for use in industry; putties 
and other paste fillers; compost, manures, fertilizers; biological 
preparations for use in industry and science.
    2. Paints, varnishes, lacquers; preservatives against rust and 
against deterioration of wood; colorants, dyes; inks for printing, 
marking and engraving; raw natural resins; metals in foil and powder 
form for use in painting, decorating, printing and art.
    3. Non-medicated cosmetics and toiletry preparations; non-medicated 
dentifrices; perfumery, essential oils; bleaching preparations and 
other substances for laundry use; cleaning, polishing, scouring and 
abrasive preparations.
    4. Industrial oils and greases, wax; lubricants; dust absorbing, 
wetting and binding compositions; fuels and illuminants; candles and 
wicks for lighting.
    5. Pharmaceuticals, medical and veterinary preparations; sanitary 
preparations for medical purposes; dietetic food and substances adapted 
for medical or veterinary use, food for babies; dietary supplements for 
human beings 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, ores; metal materials for 
building and construction; transportable buildings of metal; non-
electric cables and wires of common metal; small items of metal 
hardware; metal containers for storage or transport; safes.
    7. Machines, machine tools, power-operated tools; motors and 
engines, except for land vehicles; machine coupling and transmission 
components, except for land vehicles; agricultural implements, other 
than hand-operated hand tools; incubators for eggs; automatic vending 
machines.
    8. Hand tools and implements, hand-operated; cutlery; side arms, 
except firearms; razors.
    9. Scientific, research, navigation, surveying, photographic, 
cinematographic, audiovisual, optical, weighing, measuring, signalling, 
detecting, testing, inspecting, life-saving and teaching apparatus and 
instruments; apparatus and instruments for conducting, switching, 
transforming, accumulating, regulating or controlling the distribution 
or use of electricity; apparatus and instruments for recording, 
transmitting, reproducing or processing sound, images or data; recorded 
and downloadable media, computer software, blank digital or analogue 
recording and storage media; mechanisms for coin-operated apparatus; 
cash registers, calculating devices; computers and computer peripheral 
devices; diving suits, divers' masks, ear plugs for divers, nose clips 
for divers and swimmers, gloves for divers, breathing apparatus for 
underwater swimming; fire-extinguishing apparatus.
    10. Surgical, medical, dental and veterinary apparatus and 
instruments; artificial limbs, eyes and teeth; orthopaedic articles; 
suture materials; therapeutic and assistive devices adapted for persons 
with disabilities; massage apparatus; apparatus, devices and articles 
for nursing infants; sexual activity apparatus, devices and articles.
    11. Apparatus and installations for lighting, heating, cooling, 
steam generating, cooking, 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; jewellery, precious and semi-
precious stones; horological and chronometric instruments.
    15. Musical instruments; music stands and stands for musical 
instruments; conductors' batons.
    16. Paper and cardboard; printed matter; bookbinding material; 
photographs; stationery and office requisites, except furniture; 
adhesives for stationery or household purposes;

[[Page 69504]]

drawing materials and materials for artists; paintbrushes; 
instructional and teaching materials; plastic sheets, films and bags 
for wrapping and packaging; printers' type, printing blocks.
    17. Unprocessed and semi-processed rubber, gutta-percha, gum, 
asbestos, mica and substitutes for all these materials; plastics and 
resins in extruded form for use in manufacture; packing, stopping and 
insulating materials; flexible pipes, tubes and hoses, not of metal.
    18. Leather and imitations of leather; animal skins and hides; 
luggage and carrying bags; umbrellas and parasols; walking sticks; 
whips, harness and saddlery; collars, leashes and clothing for animals.
    19. Materials, not of metal, for building and construction; rigid 
pipes, not of metal, for building; asphalt, pitch, tar and bitumen; 
transportable buildings, not of metal; monuments, not of metal.
    20. Furniture, mirrors, picture frames; containers, not of metal, 
for storage or transport; unworked or semi-worked bone, horn, whalebone 
or mother-of-pearl; shells; meerschaum; yellow amber.
    21. Household or kitchen utensils and containers; cookware and 
tableware, except forks, knives and spoons; combs and sponges; brushes, 
except paintbrushes; brush-making materials; articles for cleaning 
purposes; unworked or semi-worked glass, except building glass; 
glassware, porcelain and earthenware.
    22. Ropes and string; nets; tents and tarpaulins; awnings of 
textile or synthetic materials; sails; sacks for the transport and 
storage of materials in bulk; padding, cushioning and stuffing 
materials, except of paper, cardboard, rubber or plastics; raw fibrous 
textile materials and substitutes therefor.
    23. Yarns and threads for textile use.
    24. Textiles and substitutes for textiles; household linen; 
curtains of textile or plastic.
    25. Clothing, footwear, headwear.
    26. Lace, braid and embroidery, and haberdashery ribbons and bows; 
buttons, hooks and eyes, pins and needles; artificial flowers; hair 
decorations; false hair.
    27. Carpets, rugs, mats and matting, linoleum and other materials 
for covering existing floors; wall hangings, not of textile.
    28. Games, toys and playthings; video game apparatus; gymnastic and 
sporting articles; 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, cheese, butter, yogurt and other milk products; oils and fats for 
food.
    30. Coffee, tea, cocoa and artificial coffee; rice, pasta and 
noodles; tapioca and sago; flour and preparations made from cereals; 
bread, pastries and confectionery; chocolate; ice cream, sorbets and 
other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, 
seasonings, spices, preserved herbs; vinegar, sauces and other 
condiments; ice (frozen water).
    31. Raw and unprocessed agricultural, aquacultural, horticultural 
and forestry products; raw and unprocessed grains and seeds; fresh 
fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, 
seedlings and seeds for planting; live animals; foodstuffs and 
beverages for animals; malt.
    32. Beers; non-alcoholic beverages; mineral and aerated waters; 
fruit beverages and fruit juices; syrups and other non-alcoholic 
preparations for making beverages.
    33. Alcoholic beverages, except beers; alcoholic preparations for 
making beverages.
    34. Tobacco and tobacco substitutes; cigarettes and cigars; 
electronic cigarettes and oral vaporizers for smokers; smokers' 
articles; matches.

Services

    35. Advertising; business management, organization and 
administration; office functions.
    36. Financial, monetary and banking services; insurance services; 
real estate affairs.
    37. Construction services; installation and repair services; mining 
extraction, oil and gas drilling.
    38. Telecommunications services.
    39. Transport; packaging and storage of goods; travel arrangement.
    40. Treatment of materials; recycling of waste and trash; air 
purification and treatment of water; printing services; food and drink 
preservation.
    41. Education; providing of training; entertainment; sporting and 
cultural activities.
    42. Scientific and technological services and research and design 
relating thereto; industrial analysis, industrial research and 
industrial design services; quality control and authentication 
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, aquaculture, horticulture and 
forestry services.
    45. Legal services; security services for the physical protection 
of tangible property and individuals; personal and social services 
rendered by others to meet the needs of individuals.

    Dated: October 1, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2020-22353 Filed 11-2-20; 8:45 am]
BILLING CODE 3510-16-P