1. (a) In accordance with the Texas Business & Commerce Code, §16.09(d), the secretary of state uses the international classification of goods and services used by the United States Patent and Trademark Office. That classification is set forth in this section. The classification shall not limit or extend an applicant's rights.

2. (b) The classes of goods and services are as follows:

   1. (1) 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;
   2. (2) paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers, and arts;
   3. (3) bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices;
   4. (4) industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks;
   5. (5) pharmaceutical, veterinary, and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides;
   6. (6) common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores;
   7. (7) machines and machine tools, motors (except for land vehicles); machine coupling and belting (except for land vehicles); agricultural implements; incubators for eggs;
   8. (8) hand tools and implements (hand-operated); cutlery, forks, and spoons; side arms; razors;
   9. (9) scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission, or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, and data processing equipment; fire-extinguishing apparatus; computer software and hardware;
   10. (10) surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials;
   11. (11) apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes;
   12. (12) vehicles; apparatus for locomotion by land, air, or water;
   13. (13) firearms; ammunition and projectiles; explosives; fireworks;
   14. (14) precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments;
   15. (15) musical instruments;
   16. (16) paper, cardboard, and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks;
   17. (17) rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, not of metal;
   18. (18) leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols, and walking sticks; whips, harness, and saddlery;
   19. (19) building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch, and bitumen; nonmetallic transportable buildings; monuments, not of metal;
   20. (20) furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics;
   21. (21) household or kitchen utensils and containers (not of precious metal or coated therewith); 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 not included in other classes;
   22. (22) ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials;
   23. (23) yarns and threads, for textile use;
   24. (24) textiles and textile goods, not included in other classes; bed and table covers;
   25. (25) clothing, footwear, headgear;
   26. (26) lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers;
   27. (27) carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (nontextile);
   28. (28) games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees;
   29. (29) meat, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams; eggs, milk, and milk products; edible oils and fats; salad dressings; preserves;
   30. (30) coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices; ice;
   31. (31) agricultural, horticultural, and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals, malt;
   32. (32) beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages;
   33. (33) alcoholic beverages (except beers);
   34. (34) tobacco; smokers' articles; matches;
   35. (35) advertising and business: retail store services; distributorship services; advertising agencies; accounting, employment agencies; mail, commercial, and newspaper advertising; printing; telephone answering; promotional activities; data processing;
   36. (36) insurance and financial: bond and stock brokerages; real estate management, appraisal, brokerage, and leasing; banking, credit; pawn brokers, bonding agents, insurance underwriters;
   37. (37) construction and repair: of highways, buildings, or machinery; custom tailoring, dry cleaning, and laundry; electrical service; project inspection; interior decoration; tool and equipment maintenance; painting; pest control; jewelry repair; janitorial service; rental of construction equipment; real estate planning and development;
   38. (38) communication: closed circuit TV; public address system; radio and television broadcasting; radio paging; telegraph or telephone service; teleprinter communication;
   39. (39) transportation and storage: messenger service; packing or storing of goods and transport thereof; rental of vehicles; taxicab and transport service; travel agencies;
   40. (40) material treatment: dyeing; eyeglass grinding; machining and casting, metal plating, soldering; photofinishing; textile fabric finishing; weed control by chemical treatment;
   41. (41) education and entertainment: collecting historical study material, conducting study courses; piano lessons; dancing lessons; horse shows; ice skating exhibitions; museum displays, lectures, demonstrations; production or performance, or both, of plays, concerts, etc., radio and television programs; rental of books; rental of video cassettes and equipment; and
   42. (42) miscellaneous: includes all services not otherwise classified. Computer services, programming, time-sharing engineering of hardware, providing multiple-user access to a global computer information network for the transfer and dissemination of a wide range of information, or leasing or providing access time to computer databases/web sites/home pages of others; detective agencies; drafting; funeral establishments; hotels, motels, restaurants, catering; laboratory or psychological testing; professional research, planning, development, or consultation; beauticians; photography; charitable organizations; trade associations; utility suppliers. Services of renting or inspecting specific goods are classified according to where the goods are most likely to be in use, e.g., rental of vehicles (Class 39).

Source Note:The provisions of this §93.101 adopted to be effective May 8, 1989, 14 TexReg 2021; amended to be effective February 18, 1998, 23 TexReg 1535.