[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65680-65683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25807]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO-T-2019-0036]
RIN 0651-AD44
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, which is published by the World Intellectual
Property Organization (WIPO), and will become effective on January 1,
2020.
DATES: This rule is effective on January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, (571) 272-8946,
[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, 2020. Specifically, this rule adds new, or
deletes existing, goods and services from 7 class headings to further
define the types of goods and/or services appropriate to the class.
Summary of Major Provisions: The USPTO is revising Sec. 6.1 in
part 6 of title 37 of the Code of Federal Regulations to incorporate
classification changes and modifications, as listed in the
International Classification of Goods and Services for the Purposes of
the Registration of Marks (11th ed., ver. 2020) (Nice Classification),
published by WIPO, and that will become effective January 1, 2020.
The Nice Agreement is a multilateral treaty, administered by WIPO,
which 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 to all
applications filed on or after September 1, 1973, and their resulting
registrations, for all statutory purposes. 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 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 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 the addition of new goods and services
to, and deletion of goods and services from, the Alphabetical List, and
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 and include all
changes adopted annually since the previous version, as well as goods
or services transferred from one class to another or new classes that
are created.
The annual revisions contained in this final rule consist of
modifications to the class headings that were incorporated into the
Nice Agreement during the 29th Session of the Committee of Experts,
from April 29, 2019, through May 3, 2019. 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, or deletes existing, goods and services from 7 class
headings, as further discussed in the Discussion of Regulatory Changes.
The changes to the class headings further define the types of goods
and/or 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 10, the wording ``the disabled'' is amended to ``persons
with disabilities.''
In Class 29, the wording ``yoghurt'' is amended to ``yogurt.''
In Class 37, the wording ``Building construction'' is amended to
``Construction services.'' The wording ``repair;'' is deleted where it
appears as a separate clause. The wording ``installation services'' is
amended to ``installation and repair services'' and the period after
``services'' is replaced with a semi-colon. The wording
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``mining extraction, oil and gas drilling'' is added thereafter.
In Class 38, the wording ``Telecommunications'' is amended to add
``services'' thereafter.
In Class 40, the period after ``Treatment of materials'' is
replaced with a semi-colon. The wording ``recycling of waste and trash;
air purification and treatment of water; printing services; food and
drink preservation'' is added thereafter.
In Class 42, the wording ``industrial analysis and industrial
research services'' is amended to replace the ``and'' after
``analysis'' with a comma, and to add ``and industrial design'' after
``research'' and before ``services.'' The wording ``quality control and
authentication services;'' is added immediately thereafter.
In Class 44, the wording ``agriculture, horticulture and forestry
services'' is amended to add ``aquaculture,'' after ``agriculture.''
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, 135 S. Ct. 1199, 1204 (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, 135 S. Ct. at 1206 (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 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.
E. Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs): This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
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 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).
M. Unfunded Mandates Reform Act of 1995: The changes set forth in
this notice 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
[[Page 65682]]
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: 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: 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: 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 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.
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2. Revise Sec. [thinsp]6.1 to read as follows:
Sec. [thinsp]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; 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
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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; business administration;
office functions.
36. Insurance; financial affairs; monetary affairs; 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: November 21, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2019-25807 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-16-P