New Service Classes in 8th Edition of the Nice Agreement

The WIPO Committee of Experts of the Nice Union comprises classification experts from countries party to the Nice Agreement. The Committee recently met for its 18 Session in order to consider various proposals to change the International Nice Classification. In particular, decisions were reached on the restructuring of Class 42. At the 18^th session the Committee approved the revision of Class 42 and the addition of three new service classes. These changes are set forth below as they will appear in the 8^th edition of the Nice Agreement that will go into effect January 1, 2002. Trademark applications filed on or after this effective date will be expected to comply with classification requirements of the 8^th edition of the Nice Agreement. The US Patent and Trademark Office will issue guidance on the effect the 8^th edition of the Nice Agreement will have on US identification and classification policy in the near future. As these policy decisions are made they will be posted at the USPTO web site.

NEW SERVICES CLASSES - EFFECTIVE JANUARY 1, 2002

Class 42
Scientific and technological services and research and design relating thereto:
industrial analysis and research services;
design and development of computer hardware and software;
legal services.

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 specialists, lawyers, etc.

This Class includes, in particular:

• the services of engineers who undertake evaluations, estimates, research and reports in the scientific and technological fields
• scientific research services for medical purposes

 

This Class does not include, in particular:

• business research and evaluations (Cl. 35);
• word processing and computer file management services (Cl. 35);
• financial and fiscal evaluations (Cl. 36);
• mining and oil extraction (Cl. 37);
• computer (hardware) installation and repair services (Cl. 37);
• services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
• medical treatment services (Cl. 44);
• garden design (Cl. 44).

 

Class 43
Services for providing food and drink;
temporary accommodations.

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 accommodations.

This Class includes, in particular:

• reservation services for travellers' accommodations, particularly through travel agencies or brokers;
• boarding for animals.

This Class does not include, in particular:

• rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
• arranging travel by tourist agencies (Cl. 39);
• preservation services for food and drink (Cl. 40);

  discotheque services (Cl. 41);

• boarding schools (Cl. 41);
• rest and convalescent homes (Cl. 44).

Class 44
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:

• medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);
• artificial insemination services;
• pharmacy advice;
• animal breeding;
• services relating to the growing of plants such as gardening;
• services relating to floral art such as floral compositions as well as garden design.

This Class does not include, in particular:

• vermin extermination (other than for agriculture, horticulture and forestry) (Cl. 37);
• installation and repair services for irrigation systems (Cl. 37);
• ambulance transport (Cl. 39);
• animal slaughtering services and taxidermy (Cl. 40);
• timber felling and processing (Cl. 40);
• animal training services (Cl. 41);
• health clubs for physical exercise (Cl. 41);
• scientific research services for medical purposes (Cl. 42);
• boarding for animals (Cl. 43);
• retirement homes (Cl. 43).

Class 45
Personal and social services rendered by others to meet the needs of individuals;
security services for the protection of property and individuals.

Explanatory Note

This Class includes, in particular:

• investigation and surveillance services relating to the safety of persons and entities;
• services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.

This Class does not include, in particular:

• professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
• services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
• escorting of travellers (Cl. 39);
• security transport (Cl. 39);
• services consisting of all forms of education of persons (Cl. 41);
• performances of singers and dancers (Cl. 41);
• legal services (Cl. 42);
• services provided by others to give medical, hygienic or beauty care for human beings or animals (cl. 44);
• certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).

Services to be transferred from Class 42 to present service classes