TMEP § 1401
Section 30 of the Trademark Act, 15 U.S.C. §1112, provides authority for establishing a classification system for goods and services. That section states, in part, as follows:
The Director may establish a classification of goods and services, for convenience of Patent and Trademark Office administration, but not to limit or extend the applicant’s or registrant’s rights.
As of September 1, 1973, the international classification of goods and services is the controlling classification 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 C.F.R. §2.85(a). Unless otherwise indicated, references in this manual to class refer to the international class.
Prior to September 1, 1973, the United States used its own classification of goods and services, which is different from the international classification. The prior United States classification continues to govern for all statutory purposes for trademark applications filed on or before August 31, 1973, and all registrations issued on the basis of an application filed on or before August 31, 1973, unless the owner of the registration amends the registration to adopt international classification. 37 C.F.R. §2.85(b).
If a registration issued under the United States classification system, the owner of the registration may voluntarily amend to reclassify under the international classification system, pursuant to §7(e) of the Trademark Act, 15 U.S.C. §1057(e), if the owner pays the required fee. 37 C.F.R. §§2.6 and 2.85(e)(3). See TMEP §1609.04.
Classification schedules are set forth in Part 6 of the Trademark Rules of Practice. See 37 C.F.R. §6.1 for the international classification schedule for goods and services, 37 C.F.R. §6.2 for the prior United States classification schedule for goods and services, 37 C.F.R. §6.3 for certification marks, and 37 C.F.R. §6.4 for collective membership marks.
International trademark classification, and the headings of the international trademark classes, are 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 annually by the World Intellectual Property Organization (WIPO) on its website. See TMEP §1401.02(c) for further information.
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," "Nice 10-2013," 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 include all changes adopted annually since the previous edition and version, as well as all amendments since the previous edition. Amendments consist of goods or services transferred from one class to another or new classes that are created. The 5th through the 10th Editions of the Nice Agreement entered into force every five years. The 11th Edition of the Nice Agreement remained in effect for six years. Beginning in 2023, new editions of the Nice Agreement will be issued every three years.
The Nice Agreement Current Edition/Version page sets forth the general remarks, class numbers, class headings and explanatory notes for the current edition and version of the Nice Agreement. The USPTO's Nice Agreement Archives page includes links to the class headings and explanatory notes of certain previous versions and editions of the Nice Agreement. Current and prior editions and versions of the Nice Agreement are also accessible via WIPO’s website at http://www.wipo.int/classifications/nice/en (accessed February 2, 2026). See also TMEP §1401.02(c).
Nice Classification, 13th edition, version 2026 ("NCL 13-2026" or "Nice 13-2026") became effective January 1, 2026. The general remarks, class numbers, class headings, and explanatory notes for each international class under NCL 13-2026 are set forth below. The word or words in parentheses following the class numbers are short titles for the classes that are used exclusively in the United States Patent and Trademark Office (USPTO) and are not part of the official text of the Nice Classification. See TMEP §1401.02(b).
NCL 13-2026 is available on USPTO’s Nice Agreement Current Edition/Version page through December 31, 2026. NCL-2026 is also available on WIPO’s website, https://www.wipo.int/classifications/nice/en (accessed February 2, 2026).
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:
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:
GOODS
CLASS 1
(Chemicals)
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; 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.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 2
(Paints)
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
(Cosmetics and cleaning preparations)
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumes; bleaching preparations and other substances for laundry use; cleaning, polishing 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
(Lubricants and fuels)
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)
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary purposes, food for babies; dietary supplements for human beings and animals; adhesive plasters, materials for dressings; material for filling 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
(Metal goods)
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
(Machinery)
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)
Hand-operated hand tools and implements; 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
(Electrical and scientific apparatus)
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 multimedia files; 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, 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
(Medical apparatus)
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; spectacles, contact lenses and sunglasses; 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
(Environmental control apparatus)
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)
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)
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
(Jewelry)
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)
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 goods and printed matter)
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
(Rubber goods)
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 goods)
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
(Non-metallic building materials)
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 and articles not otherwise classified)
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, 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
(Housewares and glass)
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 utensils, glassware and certain goods made of porcelain, ceramic, earthenware, terra-cotta, clay or glass.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 22
(Cordage and fibers)
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)
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
(Fabrics)
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)
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
(Fancy goods)
Lace 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
(Floor coverings)
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
(Toys and sporting goods)
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
(Meats and processed foods)
Meat, fish, poultry and game; meat extracts for culinary purposes; preserved, frozen, dried and cooked fruits, vegetables, and seaweeds; 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 fruits and 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
(Staple foods)
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
(Natural agricultural products)
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
(Light beverages)
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
(Wines and spirits)
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
(Smokers' articles)
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:
SERVICES
CLASS 35
(Advertising and business)
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
(Insurance and financial)
Financial, monetary and banking services; insurance services; real estate services.
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
(Building construction and repair)
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)
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
(Transportation and storage)
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)
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 and entertainment)
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
(Computer and scientific)
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
(Hotels and restaurants)
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, beauty and agricultural)
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
(Personal and legal)
Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; babysitting.
Explanatory Note
Class 45 includes mainly legal and security services, as well as certain personal and social services rendered by others to meet the needs of individuals.
This Class includes, in particular:
This Class does not include, in particular:
The USPTO associates the following word titles with the respective international trademark class numbers:
GOODS
1. Chemicals
2. Paints
3. Cosmetics and cleaning preparations
4. Lubricants and fuels
5. Pharmaceuticals
6. Metal goods
7. Machinery
8. Hand tools
9. Electrical and scientific apparatus
10. Medical apparatus
11. Environmental control apparatus
12. Vehicles
13. Firearms
14. Jewelry
15. Musical instruments
16. Paper goods and printed matter
17. Rubber goods
18. Leather goods
19. Non-metallic building materials
20. Furniture and articles not otherwise classified
21. Housewares and glass
22. Cordage and fibers
23. Yarns and threads
24. Fabrics
25. Clothing
26. Fancy goods
27. Floor coverings
28. Toys and sporting goods
29. Meats and processed foods
30. Staple foods
31. Natural agricultural products
32. Light beverages
33. Wines and spirits
34. Smokers’ articles
SERVICES
35. Advertising and business
36. Insurance and financial
37. Building construction and repair
38. Telecommunications
39. Transportation and storage
40. Treatment of materials
41. Education and entertainment
42. Computer and scientific
43. Hotels and restaurants
44. Medical, beauty and agricultural
45. Personal and legal
These short titles are not an official part of the international classification. Their purpose is to provide a means to quickly identify the general content of numbered international classes. By their nature, these titles will not necessarily disclose the classification of specific items. The titles are not designed to be used for classification, but only as information to assist in the identification of numbered classes. To determine the classification of particular goods and services, it is necessary to refer to the Alphabetical List, the class headings of the international classes, and explanatory notes in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), published annually by WIPO on its website. The full names of international classes are set forth in 37 C.F.R. §6.1. See TMEP §1401.02(a).
The international trademark classification was adopted by the United States as its system of classification as of September 1, 1973. See 911 TMOG 210 (June 26, 1973). The use of short titles was announced in a notice at 924 TMOG 155 (July 16, 1974).
In addition to the General Remarks, list of international classes, and explanatory notes (see TMEP §1401.02(a)), the Nice Classification includes the Alphabetical List of goods and services. The Alphabetical List provides guidance concerning classification of particular goods and services. The Alphabetical List is published by the World Intellectual Property Organization and is available online at http://www.wipo.int/classifications/nice/en/. French and Spanish versions of the Alphabetical List are also available online. Note: The paper publication of the Nice Classification was discontinued in 2011 with the publication of the 10th edition.
As the Alphabetical List was developed to classify goods and services and not to identify specific goods and services, most entries in the Alphabetical List will not be sufficiently definite to use in an identification of goods and/or services. If such entries are provided as identifications, the USPTO exercises its discretion to require greater particularity. See In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007).
The USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) provides general guidance on whether an identification is sufficiently definite. See TMEP §1402.04.
In an application for registration of a mark, the applicant should designate the international class number(s) that are appropriate for the identified goods and/or services whenever the information is known. 37 C.F.R. §2.32(a)(7). See TMEP §1401.02(a) for the international classification schedule with explanatory notes and §1401.03(b) regarding inaccurately classified goods or services in applications filed under §1 or §44.
Electronically filed §1 and/or §44 applications submitted on or after January 18, 2025 are subject to an additional fee if the application does not include correctly classified goods/services with an identification of goods/services taken directly from the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) within the electronic form. See TMEP §819.03 for information regarding the free-form text ID fee.
Generally, in applications under §1 or §44 of the Trademark Act, prior to their assignment to an examining attorney, the USPTO retains the class number designated by the applicant, in the absence of any information clearly contradicting that classification. If the examining attorney determines that the class designated by the applicant is incorrect, the examining attorney will require reclassification. See TMEP §1401.02(a) regarding classification of goods and services. If an identification is broad enough to encompass more than one class, the examining attorney will also require that the identification be amended to limit the goods or services to a single class. See In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007) (affirming decision that the examining attorney properly required amendment of the term "chronographs" in the identification of goods so that proper classification could be determined); see also TMEP §1402.01(a).
In an application under §1 or §44 of the Trademark Act, if the applicant does not designate a class number(s), the USPTO will do so. If the class number(s) indicated by the applicant is clearly wrong (e.g., goods are classified in a service class), the USPTO will change the classification, either prior to or during examination.
Upon examination, the classification must be amended if the class numbers are incorrect. When the examining attorney requires or recommends an amendment of the identification of goods and/or services that would necessitate an amendment of the classification, the examining attorney should also require the applicant to amend the classification.
If an incorrect class number was designated by the Pre-Examination Section, and the examining attorney must issue an Office action, the examining attorney must also inform the applicant of the correct class number for the identified goods and/or services and require amendment of the classification. If it is unnecessary to issue an Office action, the examining attorney must ensure that the correct classification is entered into the electronic records of the USPTO.
The examining attorney may amend or correct classification through an examiner’s amendment, without prior authorization by the applicant. Groening v. Missouri Botanical Garden, 59 USPQ2d 1601 (Comm’r Pats. 1999). See TMEP §707.02.
Before approving an application for publication, the examining attorney must check to make sure that the properly assigned class is reflected in the electronic records of the USPTO.
The applicant should make an initial effort at classification, using the Alphabetical List of goods and services and/or the ID Manual. In an application under Trademark Act §1 or §44, when an application and fee is filed for a single class, but the identification lists a large number of items that obviously involve many classes, the examining attorney will require the applicant to properly classify the items. Class designations must be determined and fees for multiple classes must be paid before an examining attorney does an extensive search for conflicting marks in a large number of classes. See TMEP §810.01.
Electronically filed §1 and/or §44 applications submitted on or after January 18, 2025 are subject to an additional fee if the application does not include correctly classified goods/services with an identification of goods/services taken directly from the ID Manual within the electronic form. See TMEP §819.03 for information about the free-form text ID fee.
In an application under section 66(a) of the Act or registered extension of protection, the classification cannot be changed from the classification assigned by the International Bureau of the World Intellectual Property Organization, unless the International Bureau corrects the classification. Classes cannot be added, and goods or services cannot be transferred from one class to another in a multiple-class application.
In an application under §66(a) of the Trademark Act, 15 U.S.C. §1141f(a), i.e., a request for protection of an international registration to the United States pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), the International Bureau of the World Intellectual Property Organization (IB) controls classification. Madrid Protocol Article 3(2). The IB classifies the goods and services in the appropriate classes of the International Classification of Goods and Services for the Purposes of the Registration of Marks in effect at the time international registration is filed at the IB. Subject to the conformity of the international application with other applicable requirements, the international registration will be issued in accordance with the classification and grouping that the IB considers to be correct. Regulations Under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Rule 12(9). The USPTO will be notified of the edition of the Nice Agreement used and it will be listed in the request for extension of protection. See TMEP §§1401.10(a), 1402.01(c).
The §66(a) application (and any resulting registration) remains part of the international registration, and a change of classification in the United States would have no effect on the international registration. Therefore, the international classification of goods and/or services in a §66(a) application cannot be changed from the classification given to the goods or services by the IB, even if the IB’s classification of goods or services in the §66(a) application is different from the classification set forth in the ID Manual. Classes may not be added, and goods or services may not be transferred from one class to another in a multiple-class application. 37 C.F.R. §2.85(d).
Accordingly, if the mark in a §66(a) application appears to be a certification or collective membership mark, the USPTO will not reclassify it into United States Class A, B, or 200. However, the applicant must comply with all other United States requirements for certification and collective membership marks, regardless of the classification chosen by the IB. See TMEP §§1304 et seq., regarding collective membership marks, §§1306 et seq. regarding certification marks, and §1904.02(d) regarding §66(a) applications for these types of marks. See TMEP §1904.02(c)(v) regarding the effect of indicated classes in registered extensions of protection and published applications under §66(a).
For purposes of identification of goods or services, the examining attorney will examine a §66(a) application according to the same standards of specificity used in examining applications under §1 and §44 of the Trademark Act. That is, the examining attorney must follow the procedures set forth in the TMEP and identify the goods or services in accordance with the ID Manual guidance in effect on the filing date of the request for extension of protection. See TMEP §1904.01(b) concerning the filing date of a request for extension of protection of an international registration to the United States. See also TMEP §§1401.10(a), 1904.02(c).
With respect to certification marks, the identification of goods or services in a certification mark application under §66(a) must describe the goods and/or services of the party who will receive the certification, not the activities of the certifier/owner of the certification mark. In such an application, the goods or services that are certified may be identified less specifically than in an application for registration of a trademark or service mark. Sufficient information must be provided to enable a comparison of goods or services and analysis of trade channels in regard to possible likelihood-of-confusion scenarios. If the certification program is limited to specific items of goods or services, for example, wine, wooden doors, or forensic accounting services, then the identification in the application must also reflect this level of specificity. See TMEP §1306.02(c) regarding identification of goods and services of authorized users in certification mark applications.
See TMEP §1402.01(c) regarding the identification and classification of goods and services in a §66(a) application and §1904.02(b) regarding the examination of classification of goods and services in a §66(a) application.
*** The applicant may apply to register a mark for any or all of the goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce: Provided, That if the Director by regulation permits the filing of an application for the registration of a mark for goods or services which fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Director may issue a single certificate of registration for such mark.
Classification is the basis for determining the number of fees that must be paid. In an application under Trademark Act §1 or §44, a fee is required for each class. 37 C.F.R. §2.32(d)-(e).
In an application under §1 or §44, if the application sets forth goods or services in more than one class and does not include sufficient fees to cover all the classes, the applicant must either amend the application to restrict the goods or services to the number of classes for which the fee has been paid or submit additional fees to cover all the goods or services set forth in the identification. The fees for multiple classes must be paid before an examining attorney does an extensive search in a large number of classes. See TMEP §810.01.
See TMEP §819.02 and §819.03 regarding the applicability of the insufficient information fee and free-form text ID fee to added classes in an electronically filed §1 or §44 application submitted on or after January 18, 2025.
If, with the original application, the applicant submits fees for more classes than are validly represented in the application, the fees that have been overpaid in error will be refunded. See TMEP §405.04 regarding refunds.
In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO pursuant to the provisions of the Madrid Protocol and the Regulations Under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The examining attorney will not question the sufficiency of the filing fee in a §66(a) application. The classification in a §66(a) application cannot be changed, and classes cannot be added. See TMEP §1401.03(d) for further information.
Prior to the adoption of the International Classification in 1973, the United States Classification was the controlling classification used in the USPTO. After adoption of the International Classification, the United States Classification became a secondary classification system. United States classes are still assigned to all applications by a computerized system. Each international class is coordinated with the United States classes that are most frequently associated with it. Neither examining attorneys nor any other USPTO personnel have the authority or capability of altering these automatically assigned secondary United States Classification designations.
An application may list, in connection with each class designated, only goods or services that fall within that class. An applicant may apply to register a mark for the goods and/or services on or in connection with which the applicant is using or has a bona fide intent to use the mark in commerce, if the applicant submits a filing fee for each class. See 15 U.S.C. §1112; 37 C.F.R. §2.86(a). An application that includes more than one class is called a combined or multiple-class application. See TMEP §§1403–1403.05.
The applicant should designate only the number of classes for which a filing fee is submitted and should limit the specified goods and services to those within the particular class(es) designated. Thus, if a single filing fee is submitted, the applicant should designate only one class and should limit the goods or services specified in the identification to items in that class.
The examining attorney must require any necessary amendments to ensure that the classification is correct for the specified goods or services. In an application under Trademark Act §1 or §44, if the applicant identifies goods or services that are classified in a greater number of classes than the classes for which filing fees have been paid, the examining attorney must require that the applicant either: (1) pay the additional fees; or (2) amend the identification to restrict the application to the number of classes for which fees have already been paid. See TMEP §§810.01, 1403.02(c).
See TMEP §819.02 and §819.03 regarding the applicability of the insufficient information fee and free-form text ID fee to added classes in an electronically filed §1 or §44 application submitted on or after January 18, 2025.
In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO, pursuant to the provisions of the Madrid Protocol and the Common Regs. The examining attorney will not question the sufficiency of the filing fee in a §66(a) application. The classification in a §66(a) application may not be changed, and classes may not be added. See TMEP §1401.03(d).
The General Remarks of the Nice Classification set forth general criteria for placing goods or services in the international classes. See TMEP §1401.02(a).
The Class Headings of the Nice Classification indicate the type of goods or services appropriate to each class. Id. The explanatory notes at the end of the class headings of goods or services explain the principles and differentiating lines on which the international classes are based.
The Alphabetical List of the Nice Classification contains information about the appropriate class for particular goods and services. See TMEP §1401.02(c).
The USPTO permits registration in a single international class of a kit or gift basket comprised of goods, even if the identification includes components that are goods classified in other classes. This practice is not recognized by the Nice Classification and is not followed by the International Bureau of WIPO nor by most other national trademark offices. See TMEP §1902.02(g)(iii) regarding identification of kits and gift baskets in applications for international registration.
The USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) includes certain kits entries that do not list the individual kit components (e.g., face painting kits in Class 3, candle-making kits in Class 4, and first aid kits and ovulation test kits in Class 5); however, in general, the identification must indicate the type of kit and its principal components. Entries for kits in the ID Manual that do not include components are generally classified according to purpose; other kits are classified on a case-by-case basis using the classification principles set forth below.
The list of kit components must only include goods and must not include services. An identification for kits that lists both goods and services as kit components is unacceptable because it improperly combines goods and services classified in multiple classes in a single identification. See TMEP §1402.01(a) regarding general guidelines for acceptable identifications and TMEP §1403 et seq. for information regarding combined or multiple-class applications. An identification for a kit that includes "computer software" as a component of the kit would be indefinite, because it is unclear if "computer software" refers to goods or services. For example, recorded or downloadable computer software and programs are classified in Class 9 as goods, while providing on-line non-downloadable computer software is classified in Class 42. See TMEP §§1402.03(d) and 1402.11(a)(xii). If computer software or computer programs are listed as components of a kit, the identification must indicate that the computer software or computer programs are recorded or downloadable to preclude inclusion of services in an identification of goods. The identification must also specify the function and any field of use of the computer software or programs.
Generally, kits are identified and classified in two ways:
Example – "Nail care kits comprised primarily of nail polish, nail polish remover, and false nails and also including nail files and printed instructions" is acceptable in Class 3, the class of the primary components which are listed first in the list of kit components.
Example – "Nail care kits comprised of nail polish, nail polish remover, false nails, nail files, and printed instructions" is acceptable in Class 3, the class of the primary components which are listed first in the list of kit components.
Example – "Nail care kits comprised of nail polish, nail files, nail polish remover, a printed instruction manual, and false nails" is properly classified in Class 3, but is not acceptably worded because the predominant components in Class 3 (i.e., nail polish, nail polish remover, and false nails) are not all listed first in the list of kit components.
If the goods are kits around a particular theme, but the majority of components are secondary components, the identification should indicate that the kits are comprised "primarily" of specific components in a particular class and subsequently indicate that the kits are "also consisting of" the secondary items. The secondary components may be in a different class or classes from the primary component(s). In that case, the kits are classified in the class of the primary components, even if the primary components are not the majority of components in the kits.
Example – "Nail care kits comprised primarily of nail polish and also including nail files and printed instructions" is acceptable in Class 3, because nail polish is clearly indicated as the primary component and appears first in the list of kit components.
If the individual components of the kit do not appear to have a predominant class (e.g., the kit contains two or three components, each in a different class), the applicant may elect which class(es) the kit should be in, but the identification must still list all of the goods in the elected class first in the list of kit components.
Example – "Tool kits comprising hand saws and power-driven saws" is acceptable in Class 8 because there is no predominant class for the components in the kit and "hand saws," which are listed first in the list of components, are classified in Class 8.
Example – "Tool kits comprising power-driven saws and hand saws" is acceptable in Class 7 because there is no predominant class for the components in the kit and "power-driven saws," which are listed first in the list of components, are classified in Class 7.
Classification of multi-component kits that have no predominant components is determined by the first listed component. Rearranging the order of the components listed for kits which have no predominant components will impact the classification, with the class of the first-listed component dictating the appropriate class for the kits.
Example – "Tool kits comprising carpenter’s levels, hand saws, and power-driven saws" is acceptable in Class 9 because there is no predominant class for the kit components and "carpenter’s levels," which are listed first in the list of components, are classified in Class 9.
Example - "Tool kits comprising hand saws, power-driven saws, and carpenter’s levels" is acceptable in Class 8 because there is no predominant class for the kit components and "hand saws," which are listed first in the list of components, are classified in Class 8.
Example - "Tool kits comprising power-driven saws, carpenter’s levels, and hand saws" is acceptable in Class 7 because there is no predominant class for the kit components and "power-driven saws," which are listed first in the list of components, are classified in Class 7.
The same criteria are applied to the classification of hobby craft kits. For example, if the hobby craft kit is for the purpose of making a single object, it would be classified by the item it is intended to make.
Example – "Hobby craft kits for making toy model houses comprising wooden craft sticks and craft glue for stationery or household purposes" would be classified in Class 28, the class for toy models, even though the individual components would be classified in other classes (e.g., wooden craft sticks in Class 20 and craft glue for stationery or household purposes in Class 16).
If the hobby craft kit is a combination of a number of components around a theme (e.g., Halloween hobby craft kits), the class that includes the majority of individual components in the hobby craft kit generally controls the classification for the entire kit. In such cases, the identification must indicate the type of kit and list the components, with all of the items in the predominant class listed first. Components that are secondary should be set forth after the primary components.
Example – "Halloween hobby craft kits comprised primarily of permanent markers, printed sewing patterns, stencils, fabric glue for household use, and also including felt cloth and thread" is acceptable in Class 16, the class of the primary components which are listed first in the list of kit components.
Example – "Halloween hobby craft kits comprised of permanent markers, printed sewing patterns, stencils, fabric glue for household use and felt cloth" is acceptable in Class 16, the class of the primary components which are listed first in the list of kit components.
Example – "Halloween hobby craft kits comprised of permanent markers, printed sewing patterns, stencils, felt cloth, and fabric glue for household use" is properly classified in Class 16, but is not acceptably worded because the predominant components in Class 16 (i.e., permanent markers, printed sewing patterns, stencils, and fabric glue for household use) are not all listed first in the list of kit components.
The same criteria are applied to the classification of gift baskets.
Similarly, a product may comprise goods that are sold together as a unit. The identification in such cases must include wording to indicate that the goods are "sold as a unit" and must specify the items that comprise the unit, such as "Demitasse sets comprised of cups, saucers and stirring spoons sold as a unit" in Class 21. Goods sold as a unit are classified in a single class even if they are comprised of items that, if sold separately, would be classified in different classes. All of the predominant elements should be listed first in the identification and the collection of items sold as a unit will be classified accordingly.
Example – Printed children’s books are classified in Class 16. Dolls are classified in Class 28. "Printed children's books and dolls sold as a unit" would be classified in Class 16. "Dolls and printed children's books sold as a unit" would be classified in Class 28.
Identifications for items "sold as a unit" must be limited to goods sold as a unit. As indicated above, recorded or downloadable computer programs and computer software are classified in Class 9 as goods, while providing on-line non-downloadable computer software is classified in Class 42 as a technological service. See TMEP §§1402.03(d) and 1402.11(a)(xii). Thus, if computer software or computer programs are sold as a unit with other products, the identification must indicate that the computer software or computer programs are goods (e.g., recorded or downloadable) to preclude inclusion of services in an identification of goods. The identification must also specify the function and any field of use of the computer software or programs. For example, "medical apparatus and instruments for monitoring blood oxygen saturation, blood gas concentrations, vital signs and respiratory events, and downloadable software for recording, processing, and transmitting medical data, for use therewith, sold as a unit" is an acceptable identification in Class 10.
Identifications must set forth the particular goods or services to enable proper classification and to facilitate determination of likelihood of confusion under 15 U.S.C. §1052(d). See TMEP §1402.01. Thus, identifications for kits, gift baskets, and items sold as a unit must indicate the particular components of the kits and gift baskets and the particular items sold as a unit using definite terms that are clear, specific, and accurate to identify the primary components. See id. For example, an identification for "kits comprised of one or more of the following school supplies – pencils, graduated rulers, and scissors" is unacceptable because the wording "one or more of the following" creates ambiguity as to the nature of the goods. The components of the aforesaid kits are also classified in Classes 16, 9, and 8 respectively. Without a clear indication of the kit components, the goods cannot be appropriately classified, and likelihood of confusion under 15 U.S.C. §1052(d) cannot be determined.
It is sometimes difficult to determine whether certain apparatus and instruments are classified in Class 9 or Class 10. While photographic, optical, measuring, testing, and scientific apparatus and instruments are generally classified in Class 9, surgical, medical, dental, or veterinary apparatus and instruments used for the diagnosis, treatment, or improvement of function or condition of persons or animals are generally classified in Class 10. Certain goods could be classified in both classes, with appropriate wording, depending upon their use. For example, thermometers are commonly used for both medical and non-medical purposes. Thermometers for medical use are in Class 10 because they function as medical instruments, while thermometers other than for medical use, such as meat thermometers, are in Class 9 because they function as measuring apparatus. While both items measure temperature, they are usually very different in nature and classified in different classes based on their specific uses.
Goods should be specified as being for surgical, medical, dental, or veterinary use only when the items could be in a class other than Class 10 when not for surgical, medical, dental, or veterinary use. When goods, like thermometers, are commonly used for both surgical, medical, dental, or veterinary use and non-surgical, medical, dental or veterinary use, it is sufficient to indicate that the goods are "for medical use" or "not for medical use," as appropriate, to justify the classification. The mere addition of "for medical use" or equivalent wording to an identification is not sufficient to justify classification of items in Class 10 if the goods are not directly used for the diagnosis, treatment, or improvement of function or condition of persons or animals.
If an item is normally not classified in Class 10, it is not necessary to specify that it is not for surgical, medical, dental, or veterinary use when it is classified in its normal class. For example, "thread" (without any further specification) is an acceptable identification in Class 23, while "surgical thread" is classified in Class 10 based on its surgical use. To justify classification of goods not commonly used for surgical, medical, dental, or veterinary use in Class 10, the identification must indicate the particular surgical, medical, dental, or veterinary use of the goods in diagnosing, treating, or improving the function or condition of persons or animals.
In addition, the Nice Class Heading for Class 10 includes the wording "therapeutic and assistive devices adapted for persons with disabilities." See TMEP §1401.02(a). For example, while "toilets" are classified in Class 11, "toilets adapted for medical patients or for use by disabled persons" are in Class 10; while "spoons being tableware" are classified in Class 8, "spoons for patients with tremor" are in Class 10.
A product that has a plurality of uses or aspects is ordinarily classified in a single class. Ex parte Schatz, 87 USPQ 374 (Comm’r Pats. 1950). However, if it can be shown that a product has a plurality of uses or aspects so that two or more classes apply, multiple classification may be permissible. If a product is normally classified in a particular class, an applicant cannot obtain registration in another class merely by identifying an ultimate use of the product in goods that fall in the other class.
Example - Recorded and downloadable software is classified in Class 9. The goods cannot be classified in Class 28 with an indication that the software is used for playing games. Although "games, toys and playthings" appears in the Nice Class Heading for Class 28, the Class 9 Class Heading includes "recorded and downloadable ... software." Thus, all recorded and downloadable software is classified in Class 9 regardless of its ultimate use. For information about identifying and classifying recorded and downloadable software, see TMEP §1402.03(d).
When classification in multiple classes is appropriate, the identification must clearly indicate the basis for multiple classifications with language that is appropriate for the respective classes. Identical language cannot be used in multiple classes. For example, the USPTO will not accept the identification "clock radios," because it is unclear what the goods are and in which class the goods fall - Class 9 for radios or Class 14 for clocks. However, the applicant may adopt either or both of the following identifications - "radios incorporating clocks" in Class 9 or "clocks incorporating radios" in Class 14.
Identifications for multipurpose composite goods, such as a "combination hair brush and comb," must clearly indicate the particular components and purposes of the goods. The identification must not include ambiguous wording regarding the components that comprise the composite goods. For example, an identification for a composite item must not describe the goods as "comprised of one or more of" particular components or aspects because such wording may render the nature of the goods or their classification unclear.
Example - The identification "laundry apparatus comprised of one or more of clothes washing machines and dryers" is unacceptable because it is unclear if the apparatus is comprised of clothes washing machines in Class 7, clothes dryers in Class 11, or a combination of both. The applicant may adopt either or both of the following identifications - "laundry centers, namely, a clothes washer combined with a clothes dryer" in Class 7 or "laundry centers, namely, a clothes dryer combined with a clothes washer" in Class 11.
Certain services may also be classified in multiple classes on the basis of the purpose for which the service activity is rendered. While services are in principle classified according to the branches of activities specified in the headings of the service classes and in their explanatory notes, if an activity is not specified by any class heading, the purpose may determine classification.
Example – Layout services are classified in Class 35 when specified to be "for advertising purposes" and are classified in Class 41 when specified to be "other than for advertising purposes."
In an application under §1 of the Trademark Act, the specimen(s) should reflect acceptable use of the mark for each of the specified classes and the record must not indicate that the product has only one use or aspect. See The Procter & Gamble Co. v. Economics Laboratory, Inc.,175 USPQ 505 (TTAB 1972), modified without opinion, 495 F.2d 1360, 181 USPQ 722 (C.C.P.A. 1974); In re International Salt Co., 166 USPQ 215 (TTAB 1970) ; Mead Johnson Co. v. Watson, 112 USPQ 284 (D.D.C. 1957) , aff’d 253 F.2d 862, 117 USPQ 13 (D.C. Cir. 1958).
Where a single specimen supports multiple classes, the examining attorney need not require multiple copies of the specimen. See TMEP §904.01.
Where a single product or service is classified in more than one class, the applicant must also comply with all other requirements for multiple-class applications. See TMEP §1403.01.
In general, the USPTO will not accept identifications of goods described as "systems." This terminology fails to satisfy the requirement that the application specify the particular goods on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce and is thus indefinite because it may encompass goods in more than one class. See TMEP §§1402.01, 1402.01(a). For example, if the applicant submits an indefinite identification of goods described as "systems" (e.g., lawn-care systems), the examining attorney must require an amendment to the identification. The amended identification must specify the nature, purpose, or use of the system and its primary parts or components. The primary parts or components should be specified first in the list of the system’s parts or components. The system is classified in the same class as the primary parts or components. For example, lawn-care systems comprised of lawn mowers and herbicides are in Class 7, which is the same class as the lawn mowers; lawn-care systems comprised of herbicides, pesticides, and lawn sprinklers are in Class 5, which is the same class as the herbicides and pesticides.
The list of primary parts or components of the system must include only goods and must not include services. For example, "recorded" or "downloadable" computer programs and computer software are classified in Class 9 as goods, while providing on-line non-downloadable computer software is classified in Class 42 as a technological service. See TMEP §§1402.03(d) and 1402.11(a)(xii). Thus, if computer software or computer programs are components of a system, the identification must clearly indicate that the computer software or computer programs are goods (e.g., "recorded" or "downloadable" computer software) to preclude inclusion of services in an identification of goods. The identification must also specify the function and any field of use of the computer software or programs. For example, "home automation systems comprised of computer hardware, wireless and wired controllers, and downloadable software for automating kitchen appliances, lighting, electrical power and security alarms" is an acceptable identification in Class 9.
Although USPTO policy generally requires further specificity of "systems," the USPTO may accept this wording when the identification is a generic term for a particular category of goods classified in a single international class. For example, "brake systems for vehicles" is an acceptable identification in Class 12 because it is a generic term for a combination of goods functioning as a unit to brake the vehicle. The ID Manual lists additional acceptable wording for specific types of systems.
Under the 10th, 11th, and 12th editions of the Nice Agreement, identifications of goods in the nature of food additives must indicate the generic name of the product (e.g., lecithin, glucose, or pectin) as well as the purpose of the food additive. See TMEP §1401.13(c) for further explanation.
Proper classification may be based on purpose (e.g., industrial purpose as a raw ingredient for manufacturing food, medical purpose as a dietary supplement, or culinary purpose). In the case of food additives for culinary purposes, the particular characteristics of the substance(s) may affect classification. For example, "lecithin for culinary purposes" is classified in Class 29 because lecithin is a fat-like substance found in the cell membranes of plants and animals, and "oils and fats for food" are in the Class 29 class heading. "Glucose for culinary purposes," however, is classified in Class 30 because glucose is a sugar-like substance, and "sugar" is in the Class 30 class heading.
As a general rule, the specimen(s) in an application under §1 of the Trademark Act helps to determine the correct classification. The examining attorney should carefully review the specimen to ensure that the identification and classification of the goods and/or services is accurate. If the information on the specimen and the wording of the identification differ, or if some significant characteristic shown in the specimen is omitted from the identification, the assigned class number may be incorrect. See TMEP §1402.05. However, the examining attorney must remember that, generally, a specimen need only support use of the mark on one item in each class of goods or services set forth in an application. See TMEP §904.01(a).
The classification of goods could be affected if the specimen shows that the mark identifies a composition, an ingredient, or a part that exists in the market only as a component of another product, but the identification does not reveal that the item exists only as a component of a specified product. See TMEP §1402.05(a).
Finished products are in principle classified according to their function or purpose. See TMEP §1401.02(a). When a specimen discloses that use of the identified goods is limited to a particular function or purpose, classification may be impacted. For example, orthopedic shoes are classified in Class 10 as medical apparatus, and ordinary shoes are classified in Class 25. If the specimen in an application for "shoes" in Class 25 shows that the goods are orthopedic shoes, the identification and classification must be amended to "orthopedic shoes" in Class 10. If the specimen indicates that the goods are promoted for a particular use only, such as "for industrial use," this should be reflected in the identification when it affects the designation of the correct class. For example, adhesives are classified in different classes depending upon their use, such as "adhesives for industrial use" in Class 1, "adhesives for cosmetic use" in Class 3, and "adhesives for stationery and household use" in Class 16.
If the specimen shows that the mark identifies a structural part of a machine, this should be reflected in the identification, because parts for machines are generally classified with the machine if the part has no applicability elsewhere.
If the mark is used or intended to be used on raw or semi-worked materials, such as plastics or resins which may be marketed in a variety of forms (such as sheets or powders, or as materials that may be either natural or synthetic), these facts should be indicated in the identification of the goods. This is important because some raw or semi-worked materials are classified in several international classes. For example, "semi-processed plastic in sheet form" is classified in Class 17, and "unprocessed plastic in powder form" is classified in Class 1. Certain synthetic materials are in a different class from those that are natural. For example, "unprocessed synthetic resins" are classified in Class 1 and "raw natural resins" are classified in Class 2. Usually, a specimen will disclose these characteristics of raw or semi-worked materials.
If the specimen indicates that a product is made of a particular material, the identification must specify the material composition of the goods when the goods are classified according to material composition. See TMEP §1402.05(b) for further explanation. Generally, if a classification is dedicated to a particular type of goods, the material composition for those goods does not have to be indicated in the identification. For example, Class 20 is the proper class for furniture. This is true even when the furniture is made of metal. Metal furniture is not classified in Class 6 with other metal products because there is an acceptable class (Class 20) for all furniture regardless of material composition. On the other hand, ladders do not have a specifically designated class, and therefore they are classified by material composition, which must be set forth in the identification: metal ladders are in Class 6; ladders of wood or plastics are in Class 20; and rope ladders are in Class 22.
The items listed in the identification of goods and services must be limited to those on or in connection with which the applicant uses or has a bona fide intention to use the mark in commerce. The short title of the class and the Class Headings under the Nice Classification should not be used to indicate that an application includes all goods or services in a particular class. The Class Headings and the short titles indicate the general scope of the classes and typically include wording that is indefinite and/or too broad and inclusive to be used to identify particular goods or services. See also TMEP §§1402.01(b), 1402.02.
When a new edition/version of the Nice Agreement is issued, any changes apply only to applications filed on or after the effective date of the change. 37 C.F.R. §2.85(e)(1). In a §1 or §44 application filed before the effective date of the change, the examining attorney may offer the applicant the option of remaining in compliance with the edition/version of the Nice Agreement that was in effect on the application filing date or amending the application to comply with the requirements of the current edition. The applicant may, of its own accord, submit an amendment to its application that brings it into compliance with the current edition/version of the Nice Agreement. However, if an applicant chooses to comply with the current edition/version, the applicant must comply with the current edition/version for all the goods and/or services in the application, and the applicant must pay the fees for any added class(es) resulting from changes in the current edition/version. 37 C.F.R. §2.85(e)(2). An applicant cannot choose to have some goods or services comply with the current edition/version and other goods or services comply with the requirements of a previous edition/version.
In an application filed under §66(a), the IB controls the classification of the goods/services and the edition/version of the Nice Agreement utilized to classify the international registration on which the §66(a) application is based is never changed. Modifications of the classification of goods/services in the international registration will only be issued in the form of a correction by the IB and only in instances of objective error. See TMEP §§1904.02(b) and 1904.02(e)(i).
In the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual), the "Effective Date" indicates the date on which the status (i.e., Added, Modified, Example, or Deleted) of a particular entry went into effect. When the Effective Date changes, the new requirements established by that particular entry generally apply only to applications filed on or after the date of the change. However, marks registered to an entity other than applicant may not be used in identifications of goods and services regardless of the Effective Date of an ID Manual entry. For additional information regarding the use of trademarks in an identification, see TMEP §1402.09.
Users of the ID Manual may view the "Version History" of particular entries by clicking on the "Term ID" link for an entry. The "Version History" tab will list the Start and End Effective Dates of any previous descriptions and/or classifications of the good or service. The "Notes" for a particular entry will also describe modifications and reclassifications of particular goods/services along with short explanations for such actions.
In a §1 or §44 application filed before the effective date of the entry, the examining attorney may give the applicant the choice to either keep the existing identification and/or class or amend to the new identification, modified description, and/or class. However, if an applicant chooses to comply with the new identification, modified description, and/or class, the applicant must pay the fees for any added class(es) resulting from the change. 37 C.F.R. §2.6(a)(1).
Example: In a §1 application filed on December 1, 2016, the applicant identifies goods in the nature of "metal key rings" in International Class 6. Effective January 1, 2017, "metal key rings" are reclassified to International Class 14. When examining the application in March 2017, the examining attorney may offer the applicant the option of keeping "metal key rings" in International Class 6 or reclassifying them in International Class 14, so long as sufficient fees are paid for any class(es) added to the application.
In a §1 or §44 application filed before the effective date of the entry in which an Office action was issued before the effective date, and the requirement relating to the identification and/or class made in that Office action is inconsistent with the new or modified entry, the applicant may elect to comply with the previously issued requirement or amend to the new identification, modified description, and/or class. The applicant must pay the fees for any added class(es) resulting from the change. 37 C.F.R. §2.61(a)(1).
Example: In a §44 application filed on September 1, 2016, the applicant identifies goods in the nature of "broom handles" in International Class 6. In an Office action dated December 1, 2016, the examining attorney requires the applicant to specify the goods are "broom handles of metal" in International Class 6 or "non-metal broom handles" in International Class 20. Effective January 1, 2017, the entry "broom handles" was added to the ID Manual in International Class 21 as the NCL 11-2017 classifies all "broom handles" in International Class 21. The applicant may elect either to comply with the original requirement to clarify the material composition of the goods and classify accordingly, or to reclassify "broom handles" to International Class 21. In either case, the applicant must pay the fees for any added class(es).
However, an applicant cannot choose to have some goods or services in its application comply with one edition/version of the Nice Agreement and other goods or services comply with the requirements of a different edition/version.
Example: An application filed on December 1, 2016 under §1 and §44 includes "nutcrackers" and "ice tongs" in Class 8, the appropriate classification under NCL 10-2016. Under NCL 11-2017 (in effect January 1, 2017), "nutcrackers" and "ice tongs" are classified in Class 21. On or after January 1, 2017, applicant may choose to comply with the new edition/version. However, applicant may not elect to move "nutcrackers" to Class 21 (pursuant to the NCL 11-2017 classification) and retain "ice tongs" in Class 8 (pursuant to the NCL 10-2016 classification).
For information on the implementation of changes to the Nice Agreement, see TMEP §1401.09.
The identification of goods and services in an application based on §44 of the Trademark Act, 15 U.S.C. §1126, must comply with the same standards that govern other applications. TMEP §1402.01(b). Applications filed with a priority claim under §44(d) must comply with the guidance set forth in the ID Manual in effect on the filing date of the application, rather than the priority date.
Example: An application filed on January 1, 2020 under §44(d), with a priority date of December 1, 2019, includes "dried flowers" in Class 31. "Dried flowers" appeared as an acceptable entry in the ID Manual from April 2, 1991 through December 31, 2019, but was deleted from the ID Manual, effective January 1, 2020, because it is indefinite under NCL 11-2020. Although "dried flowers" was acceptable in Class 31 on the priority date, the identification must be amended because it is unacceptable under the USPTO identification policy in effect on applicant’s filing date and may encompass, for example, "edible dried flowers" in Class 29 and "dried flowers for decoration" in Class 31.
Applications filed under §44(e) also must comply with the guidance set forth in the ID Manual in effect on the filing date of the application, rather than the date of the foreign registration. Id.
Once an applicant amends the identification of goods and/or services in a manner that is acceptable to the examining attorney, the amendment replaces all previous identifications and restricts the scope of the goods and/or services to that of the amended language. Further amendments that would add to or expand the scope of the recited goods or services, as amended, will not be permitted. 37 C.F.R. §2.71(a); TMEP §1402.07(e).
See TMEP §1401.10(a) regarding the effective date of changes to the ID Manual in connection with §66(a) applications.
In a §66(a) application, the IB controls the classification of goods and services. See TMEP §1904.02(b). The IB uses the edition of the Nice Agreement in effect at the time international registration is sought to classify the goods and services. See TMEP §1904.02(c)(v). The only instance in which classification in a §66(a) application may be modified is upon the receipt of a correction from the IB. See TMEP §§1904.02(b) and 1904.02(e)(i).
Although the IB determines the classification of the goods/services, the USPTO has discretion to require the degree of particularity deemed necessary to clearly identify the goods or services covered by the mark. In re Omega SA, 494 F.3d 1363, 1365, 83 USPQ2d 1541, 1543 (Fed. Cir. 2007) (noting that the USPTO has discretion to require greater particularity than an entry in WIPO’s Alphabetical List of Goods and Services). A request for extension of protection of a registration to the United States under §66(a) must comply with USPTO identification policies and practices in effect on the "filing date" of the extension request. See TMEP §1904.01(b) for the distinction between the filing date for a request for extension of protection made in an international registration and the filing date for a request for extension of protection made in a subsequent designation.
Although the IB uses the edition of the Nice Agreement in effect at the time international registration is sought to classify the goods and services, the USPTO determines the degree of particularity or specificity needed to clearly identify the goods or services based on policies in effect on the filing date of the extension request. The identification policies in effect on the filing date of the extension request may be based on a different edition/version of the Nice Agreement than used by the IB for classification purposes. Nevertheless, the identification must be reviewed for compliance with identification policies in effect on the filing date of the extension request.
Example: "Bath salts [non-medicated]" appeared as an acceptable entry in the ID Manual in Class 3 from April 2, 1991 through December 31, 2016. On January 1, 2017, "Bath salts [non-medicated]" was deleted from the ID Manual because it is broad enough to encompass "bath salts for medical purposes" in Class 5 and "bath salts, not for medical purposes" in Class 3. If the USPTO receives a §66(a) application for "bath salts" in Class 3 with a filing date that is on or after January 1, 2017, the examining attorney must require the applicant to amend the wording "bath salts" to specify a purpose appropriate to Class 3 (e.g., "bath salts, not for medical purposes"), per the ID Manual guidance in effect on the filing date of the request for extension of protection to the United States. The identification must be amended even if it was acceptable under the edition/version used by the IB for classification purposes, because it is unacceptable under USPTO identification policy at the time of filing.
Identifications filed under §66(a) that include a priority date should also be reviewed for compliance with USPTO identification specificity requirements in effect on its "filing date," rather than the priority date.
Example: A §66(a) application with a filing date of February 12, 2019 and a priority date of December 31, 2018 includes the identification "computer game software" in Class 9. The IB used NCL 11-2018 to classify the goods in Class 9. Effective January 1, 2019, USPTO policy requires that identifications for software must indicate that the goods are recorded or downloadable for classification in Class 9. "Computer game software" was an acceptable identification on the priority date; however, it is not acceptable on applicant’s filing date of February 12, 2019. The identification must be amended to indicate that the goods are recorded or downloadable to comply with USPTO identification policy in effect on applicant’s filing date.
Any proposed amendment to the identification must be within the scope of the goods/services in the class assigned by the IB. See TMEP §1904.02(c)(ii).
Effective January 1, 2002, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks ("Nice Agreement") was amended to add three new service classes (Classes 43 through 45). These new classes arose from the extensive restructuring of Class 42. In the course of that restructuring, many activities were removed from Class 42 and placed in one of the three new classes.
The purpose of the Nice Classification is to group, as much as possible, like goods or services in a single class. Generally, the system is successful in achieving that purpose. However, over the years, it became apparent that Class 42 included many disparate services. This was due in large part to the inclusion of the language "services that cannot be classified in other classes" in the class heading for Class 42. This language allowed services as different as "chemical research" and "horoscope casting" to be included in the class. Therefore, after much study and discussion, the Committee of Experts for the Nice Agreement approved the restructuring of Class 42. The restructuring amended Class 42 by limiting the scope of the services included in this class to computer, scientific, and legal services, and created three additional classes that grouped services previously classified in Class 42 into new classes that kept like services grouped together. See TMEP §1401.02(a); see also TMEP §1401.12(a) regarding the subsequent reclassification of legal services to Class 45 under the 9th Edition of the Nice Agreement.
Effective January 1, 2002, the language "services that cannot be classified in other classes," which previously appeared in the class heading of Class 42, was eliminated. See TMEP §1401.11(a).
Prior to January 1, 2002, the language "services that cannot be classified in other classes" appeared in the class heading of Class 42. Effective January 1, 2002, this language no longer appears in any of the class headings or explanatory notes of the Nice Agreement. The Committee of Experts found that the revision of the Nice Agreement created an adequate number of well-defined classes so that this language was no longer necessary. Services must now be identified with sufficient clarity and precision to allow for appropriate classification in one of the eleven service classes.
See TMEP §§1402.11 et seq. for further information about the changes in identification and classification of services.
The requirements of the 9th edition of the Nice Agreement apply to applications filed on or after January 1, 2007. For applications filed under subsequent editions and/or versions of the Nice Agreement, any changes in practice brought about by subsequent editions and/or versions supersede the 9th edition to the extent any inconsistency exists. See TMEP §§1401.13-1401.13(e) for the general summary of changes in practice based on the 10th edition of the Nice Agreement (effective January 1, 2012), TMEP §§1401.14-1401.14(f) for the general summary of changes in practice based on the 11th edition of the Nice Agreement (effective January 1, 2017), TMEP §§1401.15-1401.15(b) for the general summary of changes in practice based on the 12th edition of the Nice Agreement (effective January 1, 2023), and TMEP §§1401.16-1401.16(c) for the general summary of changes in practice based on the 13th edition of the Nice Agreement (effective January 1, 2026).
The most notable changes under the 9th edition are: the transfer of all legal services from Class 42 to Class 45; the determination that items made of precious metals should be classified according to their function rather than in Class 14 merely because they are made of precious metal; and the transfer of indoor aquaria and certain related items from Class 16 to Class 21. These changes are discussed below.
Effective January 1, 2007, legal services were transferred from Class 42 to Class 45. Class 42 is now generally limited to computer, scientific, technological, engineering, and design services.
In 2002, when the Nice Agreement was amended to add three new service classes (Classes 43, 44, and 45), Class 42 was restructured, but legal services remained in Class 42. However, over the five-year revision period that led to the 9th edition, it became apparent that Class 42 was not the most appropriate class for these services. The ultimate decision to include these services in Class 45 was based on an item in the class heading for Class 45 - "security services for the protection of property and individuals." The Committee of Experts reasoned that legal services are an extension of the security services already in Class 45. Security services provide for the protection of property and individuals, and the enforcement of that security is in the hands of the legal profession. For changes under NCL 11-2017 regarding security services, see TMEP §1401.14(e).
Class 14 went through the most extensive revision of all of the classes in the 9th edition of the Nice Agreement. The Committee of Experts decided that items made of precious metal that were classified in other classes based on their function when not made of precious metal, should also be classified in those classes. Goods made of precious metal that are not classified by function, but rather by material composition, e.g., statues, figurines, and boxes, are still classified in Class 14. This decision eliminated much of the confusion in this class caused by some goods being listed in Class 14 when made of precious metal and in other classes when not made of precious metal, while other goods were classified according to function without reference to any particular material composition. For example, ashtrays for smokers were classified in Class 14 when made of precious metal and in Class 34 when not made of precious metal. However, cutlery, namely forks, knives, and spoons were classified only in Class 8, even if made of precious metal, even though it is not uncommon for cutlery to be made of precious metal. The changes in the 9th edition were intended to eliminate this inconsistency.
Indoor aquaria, its related accessory aquarium hoods, and indoor terrariums and vivariums were previously classified in Class 16 because they were considered instructional or teaching materials for educational purposes. This may have been true when they were first introduced into the Nice Agreement list, but that is a minimal or secondary use today. Most often, these goods are found in homes or offices as hobby or decorative items. They are traditionally made of glass so that the contents are visible. In addition, indoor aquaria, terrariums and vivariums are household containers. Therefore, they were transferred to Class 21. Other aquarium items with specific uses or functions generally remain in their 8th edition classes. These items include aerating pumps for aquaria in Class 7, aquarium gravel and sand in Class 19, and aquarium lights, heaters, and filtration apparatus in Class 11. However, large public aquaria that are structures are classified in Class 19, since they are made primarily from nonmetallic materials. The aquaria transferred from Class 16 to Class 21 are those that may be found in homes or offices and would not be considered structures in the nature of a building.
A number of changes in the international classification of goods and services occurred in connection with the 10th edition of the Nice Classification, which went into effect January 1, 2012. The requirements of the 10th edition apply only to applications filed on or after January 1, 2012. Any changes under subsequent versions or editions of the Nice Classification supersede the 10th edition to the extent any inconsistency exists. Several notable changes under the 10th edition are discussed below.
Under the 10th edition, a number of electric/electrothermic goods that were previously in Class 9 are now classified in the same class as their non-electric or non-electrothermic counterparts. Electric/electrothermic goods transferred from Class 9 to Class 7 include vending machines, electric door openers, and electrodes for welding machines. Cigar lighters for automobiles were transferred from Class 9 to Class 12 (as a land vehicle part). Automatic turnstiles were deleted from Class 9 because they are considered building materials and thus are classified according to material composition, with turnstiles of metal classified in Class 6 and turnstiles not of metal classified in Class 19. The USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) should be consulted for the identification and classification of other electric/electrothermic goods.
Under the 9th edition, "hand-held units for playing electronic games for use with external display screens or monitors" were classified in Class 9, and "hand-held units for playing electronic games other than those for use with external display screens or monitors" were classified in Class 28. Under the 10th edition, all amusement and game-playing apparatus, whether for use with an external monitor or display screen or having a built-in monitor or display screen, are classified in Class 28. However, "headsets for playing video games" was added to the Nice Alphabetical List in Class 9 under Nice 11-2022, effective January 1, 2022.
Under the 10th edition, food additives are classified in Classes 1, 5, and 29-33 according to their particular purposes. Previously, the Nice Alphabetical List recognized only two types of food additives - those for medical purposes in Class 5 and those in the nature of raw materials in Class 1. The 9th edition was silent on the classification of food additives used as ingredients in cooking and/or baking for domestic purposes. Under the 10th edition, food additives for industrial purposes, including those for use in manufacturing food, are classified in Class 1. Additionally, food additives for medical purposes and for use as dietary supplements are classified in Class 5, and food additives for culinary purposes are classified in Classes 29-33, according to the particular nature of the food additive. The 10th edition also requires that the food additive be specifically named (e.g., "lecithin for culinary purposes" in Class 29). This requirement is especially important when the food additives are for culinary purposes because classification of such goods is determined by their nature.
The 10th edition amended the Class 5 Explanatory Note to include "meal replacements, dietetic food and beverages, adapted for medical or veterinary use." For classification in Class 5, these three items must be identified as being "adapted for medical use" or "adapted for veterinary use" (or include other language indicating that these items are adapted for a particular medical or veterinary use) to make clear that their purpose and use are not as part of a regular diet for human beings or animals. Under the 10th edition (effective January 1, 2012), the specific meal replacement, dietetic food, or dietetic beverage item must also be indicated. Under the 11th edition of the Nice Agreement (effective January 1, 2017), changes were made to the requirements for the identification of dietetic foods and beverages in Class 5; for more information, see TMEP §1401.14(c).
The Class 5 Explanatory Note was also amended under the 10th edition to exclude "meal replacements, dietetic food and beverages not for medical or veterinary consumption (Cl. 29, 30, 31, 32 or 33)." This specific exclusion is a corollary to the inclusion discussed above. Previously, all meal replacements were classified in Class 5, and the Nice Agreement was silent regarding how to classify dietetic food and beverages that were not for medical or veterinary purposes. Meal replacements and dietetic food and beverages that are not for medical or veterinary use must be identified with adequate specificity to determine the particular food or beverages classes in which they should be classified. For example, "fruit-based meal replacement bars" is acceptable in Class 29 based on the wording "preserved, frozen, dried and cooked fruits" in the Class 29 class heading, and "chocolate-based meal replacement bars" is acceptable in Class 30 based on the wording "cocoa," "confectionery," and "sugar" in the Class 30 heading.
The identification "dietetic substances adapted for medical or veterinary use" is indefinite because it does not indicate the particular goods on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See TMEP §1402.01. Identifications for dietetic substances for medical or veterinary use should set forth the common name of the specific "substances," such as "ground flaxseed fiber for use as a dietary supplement," in Class 5.
"Marketing" was added to the Nice Alphabetical List, in Class 35, under the 10th edition. The Nice Agreement was previously silent regarding marketing services. The addition of "marketing" reflects the recognition by the Committee of Experts that the most common use of the term "marketing" refers to promoting the goods and services of others.
The 11th edition of the Nice Classification went into effect January 1, 2017. The requirements of the 11th edition apply only to applications filed on or after January 1, 2017. Any changes under subsequent versions or editions of the Nice Classification supersede the 11th edition to the extent any inconsistency exists. Several changes to identification and/or classification policy in compliance with the 11th edition are discussed below.
Under the 11th edition of the Nice Classification, cosmetics, toiletry preparations, and soap are classified in Class 3, except when those goods are medicated, are for pharmaceutical purposes, or have antibacterial or disinfectant properties. In such cases, the goods are classified in Class 5. Under the 11th edition, "medicated soap" and "disinfectant soap" were transferred from Class 3 to Class 5. "Antibacterial soap," "medicated toiletry preparations," and "medicated shampoos" were added to the Alphabetical List in Class 5. Consequently, if an identification for soaps does not specify that the soaps are antibacterial, disinfectant, or medicated, the soaps are generally classified in Class 3. Similarly, if an identification for cosmetics or toiletry preparations does not specify that the cosmetics or toiletry preparations are medicated or for pharmaceutical purposes, it is generally presumed that the goods are non-medicated and classified in Class 3.
Under the 11th edition of the Nice Classification, household or kitchen serving utensils, except for "serving knives," are classified in Class 21. "Serving knives" are classified with all other knives in Class 8 under the Class Heading "cutlery." The following are examples of serving utensils that are classified in Class 21: "sugar tongs," "ice tongs," "ice cream scoops," and "ladles for serving wine."
In addition, under the 11th edition, small hand-operated kitchen apparatus for mincing, grinding, pressing, or crushing are classified in Class 21. For example, the following small hand-operated kitchen apparatus are acceptable in Class 21: "non-electric mincers," "hand-operated coffee grinders," "garlic presses," "nutcrackers," and "mortars and pestles for kitchen use."
Under both the 10th (effective January 1, 2012) and 11th (effective January 1, 2017) editions of the Nice Classification, identifications for dietetic foods and dietetic beverages in Class 5 must indicate that the goods are "adapted for medical use" or "adapted for veterinary use" (or include other language indicating that these items are adapted for a particular medical or veterinary use) to make clear that their purpose and use are not as part of a regular diet for human beings or animals.
Under the 10th edition, identifications for dietetic food and dietetic beverages adapted for medical or veterinary use in Class 5 were required to indicate the specific dietetic food, or dietetic beverage item. See TMEP §1401.13(d). However, under the 11th edition, it is no longer a requirement that the particular dietetic food or dietetic beverage item adapted for medical or veterinary use be indicated. For example, "dietetic foods adapted for medical purposes" and "dietetic beverages adapted for medical purposes" are acceptable identifications in Class 5 under the 11th edition. For information about the effective date of the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) changes, see TMEP §1401.10.
Under the 10th edition of the Nice Classification, nut or plant milks were generally classified according to their purpose. If the goods were used as milk substitutes or used for culinary purposes, the goods were classified in Class 29. If the goods were used as beverages, other than milk substitutes, they were classified in Class 32.
Under the 11th edition of the Nice Classification, goods identified as "milk" or "milk-based beverages" must be classified in Class 29. The identification may indicate that the milk is used as a beverage or used for culinary purposes, but it is not required. For example, "almond milk," "almond milk-based beverages," and "almond milk for culinary purposes" are all acceptable in Class 29.
"Milk substitutes" was added to the Nice Alphabetical List in Class 29 under NCL 11-2017. Milk substitutes are replacements for animal milk and include, for example, "coconut milk" and "oat milk." "Milk substitutes" is an acceptable identification without further specification. The identification may indicate the particular type of milk substitute, but it is not required.
Under the 11th edition of the Nice Classification, the Committee of Experts inserted new wording "computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information" into the Class 42 Explanatory Note and changed the Class 45 Heading to "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." (Emphasis added. The wording "personal and social services rendered by others to meet the needs of individuals" was subsequently replaced under the 12th edition of the Nice Classification, effective January 1, 2023, with "dating services, online social networking services; funerary services; babysitting." The Explanatory Note for Cl. 45 was modified to indicate that Class 45 includes "certain personal and social services rendered by others to meet the needs of individuals.") This change distinguishes between computer and technology services for securing computer data or personal and financial information and detecting unauthorized access in Class 42 and physical security services for protecting tangible property and individuals in Class 45.
These additions and modifications resolve ambiguity under Nice 10-2016 resulting from the co-existence in the Nice Alphabetical List of "computer security consultancy" in Class 42 and "security consultancy" in Class 45. Under the 11th edition, the Nice Alphabetical List entry "security consultancy" in Class 45 was amended to "physical security consultancy."
Examples of "computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information" in Class 42 are "data encryption services," "electronic monitoring of personally identifying information to detect identity theft via the internet," and "monitoring of computer systems for detecting unauthorized access or data breach."
Examples of "security services for the physical protection of tangible property and individuals" in Class 45 are "personal body guarding" and "monitoring of burglar and security alarms." Although the burglar and security-alarm monitoring activity could be rendered by computerized or electronic means, it is considered a surveillance service relating to the physical safety of persons and security of tangible property in Class 45.
Use of a mark in commerce must be lawful use to be the basis for federal registration of the mark. Thus, the goods or services to which the mark is applied must comply with all applicable federal laws. TMEP §907. Identifications that include "ivory," "bone," "whalebone," "horn," or "tusks" may necessitate an inquiry regarding lawful use in commerce in connection with, for example, the Endangered Species Act (ESA), 16 U.S.C. §§1531-1544, the African Elephant Conservation Act, 16 U.S.C. §§ 4201-4246, and/or the Marine Mammal Protection Act (MMPA), 16 U.S.C. §§1361-1407. Accordingly, ID Manual entries related to "ivory," "bone," "whalebone," "horn," and "tusks" were deleted effective January 1, 2017. Additional entries, including "live coral," "ambergris," "whale oil and fat for food," and "live soft-shelled turtles," were subsequently deleted from the ID Manual because the identifications may necessitate an inquiry regarding lawful use in commerce. For additional information regarding lawful use in commerce, see TMEP §907. For information regarding effective date changes to the ID Manual, see TMEP §1401.10.
The 12th edition of the Nice Classification went into effect on January 1, 2023. The requirements of the 12th edition apply only to applications filed on or after January 1, 2023. Any changes in practice pursuant to the 12th edition supersede practice under prior editions and versions of the Nice Classification. A comprehensive view of the changes under the 12th edition can be found in the International Classification of Goods and Services for the Purposes of the Registration of Marks (12th ed. 2023) (Nice 12-2023), which is published by the World Intellectual Property Organization and available online on its website at http://www.wipo.int. Additionally, the impact of the changes on USPTO identification policy and practice can be viewed in the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual ).
Under Nice 12-2023, a framework for classification of dispensers was established and involved a general rule and exceptions. Generally, under Nice 12-2023, dispensers are considered storage containers for holding items and dispensing them, as needed. Thus, they are classified in Class 6 when made of metal and in Class 20 when they are not made of metal, regardless of whether the dispensers are automatic or non-automatic. Examples of dispensers that function as storage containers and are classified in Class 6 and Class 20 according to material composition are towel dispensers, toilet paper dispensers, and queue ticket dispensers.
There are exceptions to the general rule. Certain goods that incorporate dispensing actions are classified in classes other than Class 6 and Class 20 according to the function or purpose of the goods. For example, fluid dispensing machines for industrial use and fuel dispensing pumps for service stations are classified in Class 7 because they are considered machines.
When identifying and classifying dispensers for purposes of trademark registration, the Nice Alphabetical List and the ID Manual should be consulted for examples that follow the general rule and for examples of exceptions to the rule.
The primary meaning of non-fungible token (NFT) is "a unique digital identifier that cannot be copied, substituted, or subdivided, that is recorded in a blockchain, and that is used to certify authenticity and ownership (as of a specific digital asset and specific rights relating to it)." https://www.merriam-webster.com/dictionary/NFT (accessed February 27, 2026). While an NFT may include information about a good or service, it is not the good or service itself. For example, an NFT for a piece of digital artwork may contain information, such as the artwork’s name, artist’s name, a record of past ownership, and details about where one can find the artwork. However, the actual digital artwork file is stored elsewhere. Thus, these digital identifiers on a blockchain are similar to certificates of authenticity or ownership and are not considered goods or services under the Trademark Act. See TMEP §§1202.06-1202.06(c) regarding goods in trade and §§1301.01-1301.01(b) regarding activities that are services under the Trademark Act. Accordingly, "non-fungible tokens," "NFTs," and equivalent wording are not acceptable identifications of goods or services because they do not clearly indicate goods in trade or services under the Trademark Act. The USPTO will deny a filing date for §1 or §44 applications with the identifications "non-fungible tokens," "NFTs," or equivalent wording because the wording fails to identify recognizable goods or services. For additional information regarding entitlement to a filing date with respect to identifications, see TMEP §1402.02.
Furthermore, "non-fungible tokens" and "NFTs" are not classifiable under the Nice Classification. For additional information about the Nice Classification, see TMEP §1401.02(a). An identification cannot be accepted if the appropriate class of the goods or services cannot be determined. See TMEP §1402.01(a).
Although the identifications "non-fungible tokens" and "NFTs" do not indicate particular or classifiable goods or services, several entries were added to the Nice Alphabetical List under the 12th edition of the Nice Classification for digital and physical goods that are "authenticated by non-fungible tokens [NFTs]." Under Nice 12-2023, the Committee of Experts added the entry "downloadable digital files authenticated by non-fungible tokens [NFTs]" to the Nice Alphabetical List in Class 9. Under Nice 12-2024, that entry was changed to "downloadable digital image files authenticated by non-fungible tokens [NFTs]." (Emphasis added.) Classification of said goods in Class 9 is based on the wording "recorded and downloadable media" in the Nice Class Heading for Class 9 under the 12th edition of the Nice Classification and the Nice Alphabetical List entry "downloadable image files" in Class 9. Additionally, the entry "downloadable digital music files authenticated by non-fungible tokens [NFTs]" was added to the Nice Alphabetical List in Class 9 and, as an example of physical goods authenticated by NFTs, "clothing authenticated by non-fungible tokens [NFTs]" was added to the Nice Alphabetical List in Class 25. For additional information regarding the Nice Alphabetical List, see TMEP §1401.02(c).
While the additional entries to the Nice Alphabetical List provide guidance on classifying goods, the USPTO may require additional clarification and specificity when identifying goods. Under USPTO policy, an identification must set forth the particular goods on or in connection with which the applicant uses or has a bona fide intention to use the mark in commerce. See TMEP §1402.01. If accurate, an identification may also indicate that the goods are "authenticated by non-fungible tokens (NFTs)." An identification for goods authenticated by non-fungible tokens must comply with USPTO requirements for acceptably identifying goods of the type indicated. See TMEP §1402.01. For example, identifications for downloadable image, audio, or video files authenticated by non-fungible tokens must indicate the subject matter of the files. This information is required in order to provide public notice regarding the nature of the goods and to enable informed judgments concerning likelihood of confusion under 15 U.S.C. §1052(d).
An identification must not include square brackets around the acronym NFT. In general, identifications must not include square brackets; however, parentheses may surround acronyms following the wording for which the acronym stands, such as "non-fungible tokens (NFTs)." See TMEP §1402.12.
Both physical and digital goods can be authenticated by non-fungible tokens. Examples of acceptable identifications in Class 9 for downloadable files authenticated by non-fungible tokens include the following:
Examples of physical goods authenticated by non-fungible tokens include the following:
For additional guidance on identifying and classifying goods authenticated by NFTs or services related to NFTs, consult the ID Manual.
For information regarding the identification of retail store services featuring goods authenticated by NFTs, see TMEP §1402.11(a)(vi).
The term "virtual" is defined as "being on or simulated on a computer or computer network." https://www.merriam-webster.com/dictionary/virtual (accessed February 27, 2026). Thus, virtual services include both real-world service activities that are delivered by means of a computer or the internet and simulations of real activities that take place in virtual worlds or virtual environments.
The Nice Classification General Remarks were revised under Nice 12-2024 to provide the following classification guidance pertinent to virtual services:
The means by which a service is rendered in principle does not have any impact on the classification of the services. For example, financial consultancy is classified in Cl. 36 whether the services are rendered in person, by telephone, online, or in a virtual environment. However, this remark does not apply if the purpose or result of a service changes due to its means or place of delivery. This is the case, for example, when certain services are rendered in a virtual environment. For instance, transport services belonging to Cl. 39 involve the moving of goods or people from one physical place to another. However, in a virtual environment, these services do not have the same purpose or result and must be clarified for appropriate classification, e.g., simulated travel services provided in virtual environments for entertainment purposes (Cl. 41).
See TMEP §1401.02(a) and §1401.05 for information regarding the General Remarks of the Nice Classification. Consequently, virtual services are classified according to the nature of the services and their relation to the real world, that is, whether the virtual services have the same purpose or result as the real activity in the real world.
Virtual services include real-world services provided online, in virtual environments, or virtual worlds. They are classified in the same class as the real-world services when the virtual services have the same purpose or result as the services in the real world. For example, online banking services rendered in virtual environments provide the same result to customers as banking services in physical banks. The virtual environment is merely the means by which the banking services are provided. Thus, both "banking services" and "online banking services rendered in virtual environments" are classified in Class 36.
Virtual services also include services that merely simulate real-world services in virtual environments. If the virtual service simulates a real-world service and has the same result or purpose as its real-world counterpart, then the virtual and real-world services are classified in the same class. For example, "simulated live musical performances by avatars in virtual worlds for entertainment purposes" is classified in the same class as the real-world services of live performances by a musical group, i.e., Class 41. Both the real-world and simulated musical performances have the same purpose or result of providing music for entertainment purposes.
In some cases, a virtual service that simulates a real-world service has a different purpose or result from its real-world counterpart. For example, simulated restaurant services provided in virtual environments for entertainment purposes feature images of simulated food and beverages that cannot be consumed. Thus, the purpose or result of the simulated restaurant services differs from real-world restaurants where food may be consumed. "Simulated restaurant services provided in virtual environments for entertainment purposes" is classified in Class 41 as an entertainment service, while "restaurant services" is classified in Class 43.
If a virtual service simulates a real-world service, but has a different purpose or result from its real-world counterpart, the virtual service is typically a Class 41 entertainment service. Therefore, such identifications must generally indicate (1) the nature of the activity, (2) that the activity is a simulation, and (3) that the services are rendered in virtual environments or in a virtual world for entertainment purposes. For example, "simulated hair cutting services for avatars provided in virtual environments for entertainment purposes" is an acceptable identification in Class 41. While hair cutting services in the real-world are classified in Class 44, the virtual services are entertainment services.
Identifications for simulations of real-world services in virtual environments that are rendered for a non-entertainment purpose must be carefully evaluated to confirm they meet the criteria for services under TMEP §1301.01. For example, a company promoting the sale of its own services is doing so for its own benefit rather than rendering a service for others. See TMEP §1301.01(a)(ii). Thus, if a virtual activity merely advertises applicant’s own services, it may not constitute a service under the Trademark Act. For additional information, see TMEP §§1301.01-1301.01(b)(vi).
For additional guidance on identifying virtual services, consult the ID Manual.
Virtual goods are intangible, digital objects used in virtual worlds, virtual environments, and online games. See, e.g., https://www.pcmag.com/encyclopedia/term/virtual-goods (accessed on February 27, 2026). For example, virtual goods include avatars for playing online games as well as accessories that enhance an online game player’s avatar, such as costumes or weapons.
The wording "virtual goods" alone is not an acceptable identification of goods or services and cannot be classified under the Nice Classification. However, under Nice 12-2024, the entry "downloadable virtual clothing" was added to the Nice Alphabetical List in Class 9. Downloadable virtual clothing is essentially a digital image file of clothing and, thus, is classified in Class 9 by analogy to the Alphabetical List entry "downloadable image files" in Class 9.
Although the Alphabetical List entry "downloadable virtual clothing" provides guidance regarding the classification of downloadable virtual goods, the entry is not an acceptable identification. As the Alphabetical List was developed to classify goods and services and not to identify specific goods and services, most entries in the Alphabetical List will not be sufficiently definite to use in an identification of goods and/or services. See TMEP §1401.02(c).
Virtual goods in Class 9 may be identified as downloadable computer programs or downloadable image files. Additionally, identifications for virtual goods must indicate the particular type of virtual goods, e.g., jewelry. Specifying the type of goods is required to enable the USPTO to reach informed judgments concerning likelihood of confusion under 15 U.S.C §1052(d). Thus, vague terms, such as "accessories" or "equipment," must not be used to identify the type of virtual goods because they do not permit USPTO to reach informed judgments concerning likelihood of confusion under 15 U.S.C §1052(d). An example of an acceptable identification for downloadable virtual goods in Class 9 is:
For additional examples of identification for virtual goods, consult the ID Manual.
The activity of providing online, non-downloadable virtual goods is classified in Class 41 as entertainment services. The identification must also indicate the particular type of virtual goods. These Class 41 services may be identified as:
For information regarding the identification of retail store services featuring virtual goods, see TMEP §1402.11(a)(vi).
Biomanufacturing is defined as "the use of living organisms and cells to produce molecules or other biological materials for making products such as medicines, food, and drinks." https://dictionary.cambridge.org/dictionary/english/biomanufacturing (accessed February 27, 2026). However, under Nice 12-2025, in effect on January 1, 2025, the identifications "biomanufacturing" and "biomanufacture" are indefinite and overbroad because the nature of the services is unclear and may encompass services in more than one class. For example, "biomanufacturing" may encompass Class 40 custom manufacturing services that use biomanufactured materials or Class 42 laboratory services for biomanufacturing of biological materials. Thus, identifications for biomanufacturing services must clearly indicate the nature of the services to enable proper classification and facilitate informed judgments concerning likelihood of confusion under 15 U.S.C §1052(d).
Biomanufacturing includes the production of biological materials and molecules, such as proteins, microbes, viral vectors, or enzymes, from living cells. These services are commonly performed by scientists in laboratory- and cleanroom-type environments. The entry "laboratory services for biomanufacturing" was added to the Nice Alphabetical List in Class 42 under Nice 12-2025 to encompass these scientific services. Laboratory services for biomanufacturing are classified in Class 42 based on the wording "scientific … services" in the Nice Class 42 Heading and the wording "scientific laboratory services" in the Class 42 Explanatory Note. The following are examples of acceptable identifications in Class 42:
The biological materials created in laboratories are then commonly used to manufacture other finished products, such as pharmaceuticals, cosmetics, and animal feed. The custom biomanufacturing of other finished goods using biological materials in the manufacturing process is classified in Class 40. The entry "custom biomanufacturing of pharmaceuticals" was accordingly added to the Nice Alphabetical List in Class 40 under Nice 12-2025. Identifications for biomanufacturing services in Class 40 must indicate that the services are "custom," "for others," or equivalent wording. Additionally, the identification must specify the type of goods biomanufactured, such as fertilizers or vaccines. Examples of acceptable identifications in Class 40 include the following:
For additional information about manufacturing services, see the Explanatory Note for Class 40 in TMEP §1401.02(a); see also TMEP §1402.11.
The 13th edition of the Nice Classification went into effect on January 1, 2026. The requirements of the 13th edition apply only to applications filed on or after January 1, 2026. Any changes in practice pursuant to the 13th edition supersede practice under prior editions and versions of the Nice Classification. A comprehensive view of the changes under the 13th edition can be found in the International Classification of Goods and Services for the Purposes of the Registration of Marks (13th ed. 2026) (Nice 13-2026), which is published by the World Intellectual Property Organization and available online on its website at http://www.wipo.int. Additionally, the impact of the changes on USPTO identification policy and practice can be viewed in the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual).
For the 13th edition of the Nice Classification, "eyeglasses," "spectacles," "sunglasses," and "contact lenses" were transferred from Class 9 to Class 10. These goods are used to correct eyesight or to protect the health of the eye and as such they function as "medical...apparatus, instruments and articles generally used for the...treatment or improvement of function or condition of persons" consistent with the Class 10 Explanatory Note.
For the 13th edition, the Committee of Experts determined that essential oils should be classified by function or purpose, in accordance with the Nice Classification General Remarks. Prior to the 13th edition, essential oils were classified in Class 3 regardless of their function or purpose. For example, essential oils for flavoring beverages were classified in Class 3 while flavorings for beverages, other than essential oils, were classified in Class 30. This amendment to the essential oils classification practice brings their classification into alignment with the General Remarks.
For the 13th edition, "fire engines," "fire boats," "life-saving rafts," and "lifeboats", which were previously classified in Class 9, are now classified in Class 12. As a result, all emergency and rescue vehicles are now classified in Class 12.