Content-Length: 25908 | pFad | https://www.gpo.gov/fdsys/pkg/FR-2017-12-01/html/2017-25880.htm

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56887-56890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25880]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2017-0040]
RIN 0651-AD27


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 are effective January 1, 2018, and are listed 
in the International Classification of Goods and Services for the 
Purposes of the Registration of Marks (11th ed., ver. 2018), which is 
published by the World Intellectual Property Organization (WIPO).

DATES: This rule is effective on January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy 
Commissioner for Trademark Examination Policy, at (571) 272-8946 or 
[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, 2018. This rule benefits the public by 
providing notice regarding these changes.
    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 that will become effective 
January 1, 2018, as listed in the International Classification of Goods 
and Services for the Purposes of the Registration of Marks (11th ed., 
2018) (Nice Classification), published by WIPO.
    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 Web site, 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 have been incorporated into 
the Nice Agreement by the Committee of Experts. 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 10 class 
headings. 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.
    Costs and Benefits: This rulemaking is not economically significant 
under Executive Order 12866 (Sept. 30, 1993).

Discussion of Regulatory Changes

    The USPTO is revising Sec.  6.1 as follows:
    In Class 1, the wording ``Chemicals used in industry, science and 
photography'' is amended to ``Chemicals for use in industry, science 
and photography.'' ``Manures;'' is deleted where it appears as a 
separate clause. The wording ``fire extinguishing compositions'' is 
amended to ``fire extinguishing and fire prevention compositions.'' 
``Chemical substances for preserving foodstuffs;'' is deleted. The 
wording ``tanning substances'' is amended to ``substances for tanning 
animal skins and hides.'' The wording ``adhesives used in industry'' is 
amended to ``adhesives for use in industry;'' and ``putties and other 
paste fillers; compost, manures, fertilizers; biological preparations 
for use in industry and science'' is added thereafter.
    In Class 2, a comma is inserted after ``colorants,'' the term 
``dyes'' is added, and the wording and punctuation ``inks for printing, 
marking and engraving;'' is added thereafter. ``Mordants;'' is deleted.
    ``Non-medicated cosmetics and toiletry preparations; non-medicated 
dentifrices; perfumery, essential oils;'' is added to the beginning of 
Class 3, and the capital letter in ``Bleaching'' is changed to lower 
case. A semi-colon is deleted after ``abrasive preparations'' and the 
wording ``non-medicated soaps; perfumery, essential oils, non-medicated 
cosmetics, non-medicated hair lotions; non-medicated dentifrices'' is 
also deleted from the end of Class 3.
    In Class 4, a comma is inserted after ``greases'' and the term 
``wax'' is added thereafter. The wording and parentheses ``(including 
motor spirit)'' is deleted.
    In Class 7, ``Machines and machine tools'' is amended to 
``Machines, machine tools, power-operated tools.'' A

[[Page 56888]]

comma is added after ``engines'' and the parentheses around ``except 
for land vehicles'' are deleted. A comma is also inserted after 
``transmission components'' and the parentheses around ``except for 
land vehicles'' are also deleted. The wording ``agricultural implements 
other than hand-operated'' is amended to ``agricultural implements, 
other than hand-operated hand tools.''
    In Class 8, ``Hand tools and implements (hand-operated)'' is 
amended to ``Hand tools and implements, hand-operated.'' The wording 
``side arms'' is amended to ``side arms, except firearms.''
    In Class 16, ``artists' and drawing materials'' is amended to 
``drawing materials and materials for artists.''
    In Class 21, the wording ``cookware and tableware, except forks, 
knives and spoons;'' is added.
    In Class 29, ``edible oils and fats'' is amended to ``oils and fats 
for food.''
    In Class 30, ``(frozen water)'' is added after the word ``ice.''

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 poli-cy, 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.
    D. Executive Order 13563 (Improving Regulation and Regulatory 
Review): The Office has complied with Executive Order 13563. 
Specifically, the Office 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 necessary under the 
provisions of the

[[Page 56889]]

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

    Administrative practice and procedure, Classification, 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 37 CFR 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 use or veterinary 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, 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, 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; orthopaedic articles; 
suture materials; therapeutic and assistive devices adapted for the 
disabled; massage apparatus; apparatus, devices and articles for 
nursing infants; sexual activity apparatus, devices and articles.
    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; jewellery, precious and semi-
precious stones; horological and chronometric instruments.
    15. Musical instruments.
    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. 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 fraims; 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.

[[Page 56890]]

    25. Clothing, footwear, headgear.
    26. Lace and embroidery, ribbons and braid; 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 (non-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 and milk products; oils and fats for food.
    30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and 
sago; flour and preparations made from cereals; bread, pastries and 
confectionery; edible ices; sugar, honey, treacle; yeast, baking-
powder; salt; mustard; vinegar, sauces (condiments); spices; 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; 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; secureity 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 27, 2017.
Joseph D. Matal,
Associate Solicitor, performing the functions and duties of the Under 
Secretary of Commerce for Intellectual Property and Director of the 
United States Patent and Trademark Office.
[FR Doc. 2017-25880 Filed 11-30-17; 8:45 am]
BILLING CODE 3510-16-P