TMEP § 1401.02
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" 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 continue to be published electronically and enter into force usually every five years, and include all changes adopted annually since the previous edition, as well as all amendments. Amendments consist of goods or services transferred from one class to another or new classes that are created. 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 general remarks, class numbers, class headings, and explanatory notes for each international trademark class under NCL 10-2016 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 Union classes. See TMEP §1401.02(b).
In addition NCL 10-2016 is available on WIPO’s website at http://www.wipo.int/classifications/nice/en. See also TMEP §1401.02(c).
Nice Classification, 11th edition, version 2017 ("NCL 11-2017"), which features changes to certain class headings and explanatory notes, will be effective January 1, 2017 and should be available on WIPO’s website, http://www.wipo.int/classifications/nice/en, on or around January 1, 2017. The class headings and explanatory notes under NCL 11-2017 will also be available on the Nice Agreement Current Edition/Version page on or around January 1, 2017.
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 used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Explanatory Note
Class 1 includes mainly chemical products used 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; mordants; 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 the protection against corrosion.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 3
(Cosmetics and cleaning preparations)
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Explanatory Note
Class 3 includes mainly cleaning preparations and toilet preparations.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 4
(Lubricants and fuels)
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Explanatory Note
Class 4 includes mainly industrial oils and greases, fuels and illuminants.
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 use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
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; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; ores.
Explanatory Note
Class 6 includes mainly unwrought and partly wrought common metals as well as simple products made of them.
This Class does not include, in particular:
CLASS 7
(Machinery)
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Explanatory Note
Class 7 includes mainly machines, machine tools, motors and engines.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 8
(Hand tools)
Hand tools and implements (hand-operated); cutlery; side arms; razors.
Explanatory Note
Class 8 includes mainly hand-operated implements used as tools in the respective professions.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 9
(Electrical and scientific apparatus)
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Explanatory Note
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; orthopedic articles; suture materials.
Explanatory Note
Class 10 includes mainly medical apparatus, instruments and articles.
This Class includes, in particular:
CLASS 11
(Environmental control apparatus)
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Explanatory Note
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
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 pyrotechnical products.
This Class does not include, in particular:
CLASS 14
(Jewelry)
Precious metals and their alloys; jewellery, precious stones; horological and chronometric instruments.
Explanatory Note
Class 14 includes mainly precious metals, goods in precious metals or coated therewith and, in general jewellery, clocks and watches.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 15
(Musical Instruments)
Musical instruments.
Explanatory Note
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; adhesives for stationery or household purposes; artists' materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging; printers' type; printing blocks.
Explanatory Note
Class 16 includes mainly paper and cardboard, goods made from those materials and 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 in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Explanatory Note
Class 17 includes mainly electrical, thermal and acoustic insulating materials and plastics, being for use in manufacture in the form of sheets, blocks and rods, and goods made of the materials in this class.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 18
(Leather goods)
Leather and imitations of leather; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery.
Explanatory Note
Class 18 includes mainly leather, imitations of leather, goods made of those materials, travel goods and saddlery.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 19
(Nonmetallic building materials)
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Explanatory Note
Class 19 includes mainly non-metallic building materials.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 20
(Furniture and articles not otherwise classified)
Furniture, mirrors, picture frames; unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
Explanatory Note
Class 20 includes mainly furniture and parts therefor, as well as certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 21
(Housewares and glass)
Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware.
Explanatory Note
Class 21 includes mainly small, hand-operated utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 22
(Cordage and fibers)
Ropes and string; nets; tents, awnings and tarpaulins; sails; sacks; padding and stuffing materials (except of paper, cardboard, rubber or plastics); raw fibrous textile materials.
Explanatory Note
Class 22 includes mainly canvas and other materials for making sails, rope, padding 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.
CLASS 24
(Fabrics)
Textiles and substitutes for textiles; bed covers; table covers.
Explanatory Note
Class 24 includes mainly textiles (piece goods) and textile covers for household use.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 25
(Clothing)
Clothing, footwear, headgear.
Explanatory Note
This Class does not include, in particular:
CLASS 26
(Fancy goods)
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Explanatory Note
Class 26 includes mainly dressmakers’ articles.
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 (non-textile).
Explanatory Note
Class 27 includes mainly products intended to be added as furnishings to previously constructed floors and walls.
This Class does not include, in particular:
CLASS 28
(Toys and sporting goods)
Games and playthings; gymnastic and sporting articles; decorations for Christmas trees.
Explanatory Note
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; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.
Explanatory Note
Class 29 includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 30
(Staple foods)
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
Explanatory Note
Class 30 includes mainly foodstuffs of plant origin prepared for consumption or conservation 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)
Agricultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables; natural plants and flowers; live animals; foodstuffs for animals; malt.
Explanatory Note
Class 31 includes mainly land 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; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making 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).
Explanatory Note
This Class does not include, in particular:
CLASS 34
(Smokers' articles)
Tobacco; smokers' articles; matches.
Explanatory Note
This Class includes, in particular:
This Class does not include, in particular:
SERVICES
CLASS 35
(Advertising and business)
Advertising; business management; business administration; office functions.
Explanatory Note
Class 35 includes mainly services rendered by persons or organizations principally with the object of:
as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.
This Class includes, in particular:
This Class does not include, in particular:
CLASS 36
(Insurance and financial)
Insurance; financial affairs; monetary affairs; real estate affairs.
Explanatory Note
Class 36 includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.
This Class includes, in particular:
CLASS 37
(Building construction and repair)
Building construction; repair; installation services.
Explanatory Note
Class 37 includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in 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.
Explanatory Note
Class 38 includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which:
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 services relating to the storing of goods in a warehouse or other 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.
Explanatory Note
Class 40 includes mainly services not included in other classes, 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 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.
This Class includes, in particular:
CLASS 42
(Computer and scientific)
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Explanatory Note
Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc.
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 by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments 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, horticulture and forestry services.
Explanatory Note
Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, 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 protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
Explanatory Note
This Class includes, in particular:
This Class does not include, in particular:
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.
The short titles are printed in the Official Gazette in association with the international class numbers under MARKS PUBLISHED FOR OPPOSITION, Sections 1 and 2; TRADEMARK REGISTRATIONS ISSUED, PRINCIPAL REGISTER, Section 1; TRADEMARK REGISTRATIONS ISSUED UNDER SECTION 1(d), Sections 1 and 2; and SUPPLEMENTAL REGISTER, Sections 1 and 2.
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).
Additional general guidance concerning identifications may be found in the Alphabetical List of goods and services of the Nice Classification, available online at http://www.wipo.int/classifications/nice/en/, and published by the World Intellectual Property Organization. A French version of the Alphabetical List is 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.