Nice Agreement current edition version - general remarks, class headings and explanatory notes
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Nice Agreement current edition version - general remarks, class headings and explanatory notes

20/05/2022  |   51 Views

Nice Agreement Eleventh Edition – version 2022 (NCL 11-2022)

This webpage provides the general remarks, class headings, and explanatory notes under the Nice Classification, Eleventh Edition, version 2022 (NCL 11-2022), in effect as of January 1, 2022.For information about previous editions/versions of the Nice Classification, see the Nice Agreement Archive page.

Nice Classification

Prior to registration, each good or service in a trademark application must be classified in its appropriate class. As of September 1, 1973, the international classification of goods and services is the controlling classification system used by the United States and applies to all trademark applications filed on or after September 1, 1973 and their resulting registrations for all statutory purposes. See 37 C.F.R. §2.85(b); TMEP §1401.02. International trademark classification is established by the Committee of Experts of the Nice Union and set forth in the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice Classification”), published by the World Intellectual Property Organization (“WIPO”) on its website. The purpose of the Nice Classification is to group, as much as possible, like goods or services in a single class. TMEP §1401.11.

The Nice Classification includes a list of goods and services and their classes (the “Alphabetical List”) and a list of classes with explanatory notes. See Article 1(2) of the Nice Agreement. Goods are classified in Classes 1-34, and services are classified in Classes 35-45. For additional information regarding the Nice Classification, see TMEP §1401 et seq.

The Nice Classification is used to determine appropriate classification of goods and services in trademark applications filed on or after September 1, 1973. However, for an identification to be acceptable, it must comply with USPTO policy and practice regarding appropriate identification of goods and services.For additional information on identifying goods and services, see TMEP §1402 et seq.Accordingly, most terms in the Alphabetical List will not be sufficiently definite to use in an identification of goods and/or services because the list was developed to classify goods and services and not to identify specific goods and services. Please see the Trademark ID Manual for examples of acceptable identifications and their classification.

U.S. Classification

U.S. Classes A, B, and 200, which are classes from the old U.S. classification system, are still used in applications filed under §1 or §44 the United States to classify certification marks for goods (U.S. Class A), certification marks for services (U.S. Class B), and collective membership marks (U.S. Class 200).These classes are not included in the international classes under the Nice Agreement. For additional information on U.S. Classes A, B, and 200, see TMEP §1306.02(d) and §1304.02(d).

NCL 11-2022

On January 1, 2022, the Nice Classification, Eleventh Edition, version 2022 (NCL 11-2022), became effective. The changes will also be available in the USPTO’s Trademark ID Manual on that date. The general remarks, class numbers, class headings, and explanatory notes for each international trademark class are as follows.

General remarks

The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong. The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.

Goods

If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.

(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. However if a good has a primary purpose it should be classified in this class. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.

(c) Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.

(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.

(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.

(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.

Services

If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.

(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Cl. 38). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in Cl. 36 as a financial service.

(c) Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.

(d) Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (Cl. 35), financing services relating to franchising (Cl. 36), legal services relating to franchising (Cl. 45)).

Class headings with explanatory notes

Class 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.

Explanatory note

Class 1 includes mainly chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes.

Nice Agreement current edition version - general remarks, class headings and explanatory notes

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 2 includes mainly paints, colorants and preparations used for protection against corrosion.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 3 includes mainly non-medicated toiletry preparations, as well as cleaning preparations for use in the home and other environments.

This Class includes, in particular:

This Class does not include, in particular:

Class 4

Industrial oils and greases, wax;lubricants;dust absorbing, wetting and binding compositions;fuels and illuminants;candles and wicks for lighting.

Explanatory note

Class 4 includes mainly industrial oils and greases, fuels and illuminants.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 5 includes mainly pharmaceuticals and other preparations for medical or veterinary purposes.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 6 includes mainly unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 7 includes mainly machines and machine tools, motors and engines.

This Class includes, in particular:

This Class does not include, in particular:

Class 8

Hand tools and implements, hand-operated;cutlery;side arms, except firearms;razors.

Explanatory note

Class 8 includes mainly hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting and piercing.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 9 includes mainly apparatus and instruments for scientific or research purposes, audiovisual and information technology equipment, as well as safety and life-saving equipment.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 10 includes mainly surgical, medical, dental and veterinary apparatus, instruments and articles generally used for the diagnosis, treatment or improvement of function or condition of persons and animals.

This Class includes, in particular:

This Class does not include, in particular:

Class 11

Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

Explanatory note

Class 11 includes mainly environmental control apparatus and installations, in particular, for the purposes of lighting, cooking, cooling and sanitizing.

This Class includes, in particular:

This Class does not include, in particular:

Class 12

Vehicles;apparatus for locomotion by land, air or water.

Explanatory note

Class 12 includes mainly vehicles and apparatus for the transport of people or goods by land, air or water.

This Class includes, in particular:

This Class does not include, in particular:

Class 13

Firearms;ammunition and projectiles;explosives;fireworks.

Explanatory note

Class 13 includes mainly firearms and pyrotechnic products.

This Class includes, in particular:

This Class does not include, in particular:

Class 14

Precious metals and their alloys;jewellery, precious and semi-precious stones;horological and chronometric instruments.

Explanatory note

Class 14 includes mainly precious metals and certain goods made of precious metals or coated therewith, as well as jewellery, clocks and watches, and component parts therefor.

This Class includes, in particular:

This Class does not include, in particular:

Class 15

Musical instruments;music stands and stands for musical instruments;conductors’ batons.

Explanatory note

Class 15 includes mainly musical instruments, their parts and their accessories.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 16 includes mainly paper, cardboard and certain goods made of those materials, as well as office requisites.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain goods made of rubber, gutta-percha, gum, asbestos, mica or substitutes therefor.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 18 includes mainly leather, imitations of leather and certain goods made of those materials.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 19 includes mainly materials, not of metal, for building and construction.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 20 includes mainly furniture and parts therefor, as well as certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use, as well as cosmetic and toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware, terra-cotta or glass.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 22 includes mainly canvas and other materials for making sails, rope, padding, cushioning and stuffing materials and raw fibrous textile materials.

This Class includes, in particular:

This Class does not include, in particular:

Class 23

Yarns and threads for textile use.

Explanatory note

Class 23 includes mainly natural or synthetic yarns and threads for textile use.

This Class includes, in particular:

This Class does not include, in particular:

Class 24

Textiles and substitutes for textiles;household linen;curtains of textile or plastic.

Explanatory note

Class 24 includes mainly fabrics and fabric covers for household use.

This Class includes, in particular:

This Class does not include, in particular:

Class 25

Clothing, footwear, headwear.

Explanatory note

Class 25 includes mainly clothing, footwear and headwear for human beings.

This Class includes, in particular:

This Class does not include, in particular:

Class 26

Lace, braid and embroidery, and haberdashery ribbons and bows;buttons, hooks and eyes, pins and needles;artificial flowers;hair decorations;false hair.

Explanatory note

Class 26 includes mainly dressmakers’ articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes.

This Class includes, in particular:

This Class does not include, in particular:

Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors;wall hangings, not of textile.

Explanatory note

Class 27 includes mainly products intended to be added as coverings to previously constructed floors and walls.

This Class includes, in particular:

This Class does not include, in particular:

Class 28

Games, toys and playthings;video game apparatus;gymnastic and sporting articles;decorations for Christmas trees.

Explanatory note

Class 28 includes mainly toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 29 includes mainly foodstuffs of animal origin, as well as vegetables and other horticultural comestible products which are prepared or preserved for consumption.

This Class includes, in particular:

This Class does not include, in particular:

Class 30

Coffee, tea, cocoa and substitutes therefor;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).

Explanatory note

Class 30 includes mainly foodstuffs of plant origin, except fruits and vegetables, prepared or preserved for consumption, as well as auxiliaries intended for the improvement of the flavour of food.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 31 includes mainly land and sea products not having been subjected to any form of preparation for consumption, live animals and plants, as well as food­stuffs for animals.

This Class includes, in particular:

This Class does not include, in particular:

Class 32

Beers;non-alcoholic beverages;mineral and aerated waters;fruit beverages and fruit juices;syrups and other preparations for making non-alcoholic beverages.

Explanatory note

Class 32 includes mainly non-alcoholic beverages, as well as beer.

This Class includes, in particular:

This Class does not include, in particular:

Class 33

Alcoholic beverages, except beers;alcoholic preparations for making beverages.

Explanatory note

Class 33 includes mainly alcoholic beverages, essences and extracts.

This Class includes, in particular:

This Class does not include, in particular:

Class 34

Tobacco and tobacco substitutes;cigarettes and cigars;electronic cigarettes and oral vaporizers for smokers;smokers’ articles;matches.

Explanatory note

Class 34 includes mainly tobacco and articles used for smoking, as well as certain accessories and containers related to their use.

This Class includes, in particular:

This Class does not include, in particular:

Class 35

Advertising;business management, organization and administration;office functions.

Explanatory note

Class 35 includes mainly services involving business management, operation, organization and administration of a commercial or industrial enterprise, as well as advertising, marketing and promotional services. For the purposes of classification, the sale of goods is not considered to be a service.

This Class includes, in particular:

This Class does not include, in particular:

Class 36

Financial, monetary and banking services;insurance services;real estate affairs.

Explanatory note

Class 36 includes mainly services relating to banking and other financial transactions, financial valuation services, as well as insurance and real estate activities.

This Class includes, in particular:

This Class does not include, in particular:

Class 37

Construction services;installation and repair services;mining extraction, oil and gas drilling.

Explanatory note

Class 37 includes mainly services in the field of construction, as well as services involving the restoration of objects to their original condition or their preservation without altering their physical or chemical properties.

This Class includes, in particular:

This Class does not include, in particular:

Class 38

Telecommunications services.

Explanatory note

Class 38 includes mainly services that allow at least one party to communicate with another, as well as services for the broadcasting and transmission of data.

This Class includes, in particular:

This Class does not include, in particular:

Class 39

Transport;packaging and storage of goods;travel arrangement.

Explanatory note

Class 39 includes mainly services for the transport of people, animals or goods from one place to another by rail, road, water, air or pipeline and services necessarily connected with such transport, as well as the storing of goods in any kind of storage facility, warehouses or other types of building for their preservation or guarding.

This Class includes, in particular:

This Class does not include, in particular:

Class 40

Treatment of materials;recycling of waste and trash;air purification and treatment of water;printing services;food and drink preservation.

Explanatory note

Class 40 includes mainly services rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services.For the purposes of classification, the production or manufacturing of goods is considered a service only in cases where it is effected for the account of another person to their order and specification.If the production or manufacturing is not being performed to fulfil an order for goods which meet the customer’s particular needs, requirements, or specifications, then it is generally ancillary to the maker’s primary commercial activity or goods in trade.If the substance or object is marketed to third parties by the person who processed, transformed or produced it, then this would generally not be considered a service.

This Class includes, in particular:

This Class does not include, in particular:

Class 41

Education;providing of training;entertainment;sporting and cultural activities.

Explanatory note

Class 41 includes mainly services consisting of all forms of education or training, services having the basic aim of the entertainment, amusement or recreation of people, as well as the presentation of works of visual art or literature to the public for cultural or educational purposes.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

Class 42 includes mainly services provided by persons in relation to the theoretical and practical aspects of complex fields of activities, for example, scientific laboratory services, engineering, computer programming, architectural services or interior design.

This Class includes, in particular:

This Class does not include, in particular:

Class 43

Services for providing food and drink;temporary accommodation.

Explanatory note

Class 43 includes mainly services provided in relation to the preparation of food and drink for consumption, as well as services for providing temporary accommodation.

This Class includes, in particular:

This Class does not include, in particular:

Class 44

Medical services;veterinary services;hygienic and beauty care for human beings or animals;agriculture, aquaculture, horticulture and forestry services.

Explanatory note

Class 44 includes mainly medical care, including alternative medicine, hygienic and beauty care given by persons or establishments to human beings and animals, as well as services relating to the fields of agriculture, aquaculture, horticulture and forestry.

This Class includes, in particular:

This Class does not include, in particular:

Class 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.

Explanatory note

This Class includes, in particular:

This Class does not include, in particular:

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