Nice Agreement Current Edition Version - General Remarks, Class Headings and Explanatory Notes

Nice Agreement Eleventh Edition – Version 2017 (NCL 11-2017)  


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 by the World Intellectual Property Organization (“WIPO”). The general remarks, class numbers, class headings, and explanatory notes for each international trademark class are as follows.

The International Classification is available at http://www.wipo.int/classifications/nice/en/. However, because the international list was developed to classify goods and services and not to identify specific goods and services, most entries will not be sufficiently definite to use in an identification of goods and/or services.

On January 1, 2017, the Nice Classification, Eleventh Edition, version 2017 (NCL 11-2017), became effective. Changes to the class headings are highlighted in the Noteworthy Changes to the Nice Classification System under the Nice Agreement, Eleventh Edition, version 2017.  To see a comprehensive list of all the new or changed entries, on or after January 1, 2017, please conduct an advanced search in the Next Generation ID Manual using the exact date (“=” sign in the “Effective Date” dropdown menu) of 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:

(a) A finished product is in principle classified according to its function or purpose. If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.

(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.

(c) Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.

(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose. In all other cases, the criterion indicated under (a), above, applies.

(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.

(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.

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:

(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.

(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Class 38). Leasing services are analogous to rental services and therefore should be classified in the same way. However, hire- or lease-purchase financing is classified in Class 36 as a financial service.

(c) Services that provide advice, information or consultation are in principle classified in the same classes as the services that correspond to the subject matter of the advice, information or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy (Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the advice, information or consultancy by electronic means (e.g., telephone, computer) does not affect the classification of these services.

(d) Services rendered in the framework of franchising are in principle classified in the same class as the particular services provided by the franchisor (e.g., business advice relating to franchising (Class 35), financing services relating to franchising (Class 36), legal services relating to franchising (Class 45)).

Class Headings with Explanatory Notes

CLASS 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.

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:

–   compost;

–   salt for preserving other than for foodstuffs;

–   certain additives for the food industry (consult the Alphabetical List of Goods).

This Class does not include, in particular:

–   raw natural resins (Cl. 2);

–   chemical products for use in medical science (Cl. 5);

–   fungicides, herbicides and preparations for destroying vermin (Cl. 5);

–   adhesives for stationery or household purposes (Cl. 16);

–   salt for preserving foodstuffs (Cl. 30);

–   straw mulch (Cl. 31).


CLASS 2

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:

–   paints, varnishes and lacquers for industry, handicrafts and arts;

–   dyestuffs for clothing;

–   colorants for foodstuffs and beverages.

This Class does not include, in particular:

–   unprocessed artificial resins (Cl. 1);

–   laundry blueing (Cl. 3);

–   cosmetic dyes (Cl. 3);

–   paint boxes (articles for use in school) (Cl. 16);

–   insulating paints and varnishes (Cl. 17).


CLASS 3

Bleaching preparations and other substances for laundry use;

cleaning, polishing, scouring and abrasive preparations;

non-medicated soaps;

perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions;

non-medicated dentifrices.

Explanatory Note

Class 3 includes mainly cleaning preparations and non-medicated toiletry preparations.

This Class includes, in particular:

–   deodorants for human beings or for animals;

–   room fragrancing preparations;

–   sanitary preparations being toiletries.

This Class does not include, in particular:

–   chemical chimney cleaners (Cl. 1);

–   degreasing preparations for use in manufacturing processes (Cl. 1);

–   deodorants other than for human beings or for animals (Cl. 5);

–   medicated shampoos, medicated soaps, medicated hair lotions and medicated dentifrices (Cl. 5);

–   sharpening stones and grindstones (hand tools) (Cl. 8).


CLASS 4

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:

– certain special industrial oils and greases (consult the Alphabetical List of Goods).


CLASS 5

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:

–   sanitary preparations for personal hygiene, other than toiletries;

–   diapers for babies and incontinents;

–   deodorants other than for human beings or for animals;

–   medicated shampoos, soaps, lotions and dentifrices;

–   dietary supplements, intended to supplement a normal diet or to have health benefits;

–   meal replacements, dietetic food and beverages, adapted for medical or veterinary use;

–   cigarettes without tobacco, for medical purposes.

This Class does not include, in particular:

–   sanitary preparations being non-medicated toiletries (Cl. 3);

–   deodorants for human beings or for animals (Cl. 3);

–   supportive bandages (Cl. 10);

–   meal replacements, dietetic food and beverages not for medical or veterinary use (Cl. 29, 30, 31, 32 or 33).


CLASS 6

Common metals and their alloys, ores;

metal materials for building and construction;

transportable buildings of metal;

non-electric cables and wires of common metal;

small items of metal hardware;

metal containers for storage or transport;

safes.

 

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:

–   metals in foil or powder form for further processing, for example, for 3D printers;

–   metal building materials, for example, materials of metal for railway tracks, pipes and tubes of metal;

–   small items of metal hardware, for example, bolts, screws, nails, furniture casters, window fasteners;

–   transportable buildings or structures of metal, for example, prefabricated houses, swimming pools, cages for wild animals, skating rinks;

–   certain goods made of common metals not otherwise classified by function or purpose, for example, all-purpose boxes of common metal, statues, busts and works of art of common metal.

This Class does not include, in particular:

–   metals and ores used as chemicals in industry or scientific research for their chemical properties, for example, bauxite, mercury, antimony, alkaline and alkaline-earth metals (Cl. 1);

–   metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2);

–   electric cables (Cl. 9) and non-electric cables and ropes, not of metal (Cl. 22);

–   pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses, not of metal (Cl. 17) and rigid pipes, not of metal (Cl. 19);

–   cages for household pets (Cl. 21);

–   certain goods made of common metals that are classified according to their function or purpose, for example, hand tools, hand operated (Cl. 8), paper clips (Cl. 16), furniture (Cl. 20), kitchen utensils (Cl. 21), household containers (Cl. 21).


CLASS 7

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:

–   parts of motors and engines (of all kinds);

–   electric cleaning machines and apparatus.

This Class does not include, in particular:

–   certain special machines and machine tools (consult the Alphabetical List of Goods);

–   hand tools and implements, hand-operated (Cl. 8);

–   motors and engines for land vehicles (Cl. 12).


CLASS 8

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:

–   cutlery of precious metals;

–   electric razors and clippers (hand instruments).

This Class does not include, in particular:

–   certain special instruments (consult the Alphabetical List of Goods);

–   machine tools and implements driven by a motor (Cl. 7);

–   surgical cutlery (Cl. 10);

–   side arms being firearms (Cl. 13);

–   paper knives (Cl. 16);

–   fencing weapons (Cl. 28).


CLASS 9

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; 

apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity;

apparatus for recording, transmission or reproduction of sound or images;

magnetic data carriers, recording discs;

compact discs, DVDs and other digital recording media;

mechanisms for coin-operated apparatus;

cash registers, calculating machines, data processing equipment, computers;

computer software;

fire-extinguishing apparatus.

Explanatory Note

This Class includes, in particular:

–   apparatus and instruments for scientific research in laboratories;

–   apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders;

–   protractors;

–   punched card office machines;

–   all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network.

This Class does not include, in particular:

–   the following electrical apparatus and instruments:

(a)   electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7;

(b)   apparatus for pumping or dispensing fuels (Cl. 7);

(c)   electric razors, clippers (hand instruments) and flat irons (Cl. 8);

(d)   electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11);

(e)   electric toothbrushes and combs (Cl. 21);

–   clocks and watches and other chronometric instruments (Cl. 14);

–   control clocks (Cl. 14);

–   amusement and game apparatus adapted for use with an external display screen or monitor (Cl. 28).


CLASS 10

Surgical, medical, dental and veterinary apparatus and instruments;

artificial limbs, eyes and teeth;

orthopeadic articles;

suture materials;

therapeutic and assistive devices adapted for the disabled;

massage apparatus;

apparatus, devices and articles for nursing infants;

sexual activity apparatus, devices and articles.

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:

–   supportive bandages and special clothing for medical purposes, for example, compression garments, stockings for varices, strait jackets, orthopaedic footwear;

–   articles, instruments and devices for menstruation, contraception and childbirth, for example, menstrual cups, pessaries, condoms, childbirth mattresses, forceps;

–   therapeutic and prosthetic articles and devices for implantation composed of artificial or synthetic materials, for example, surgical implants composed of artificial materials, artificial breasts, brain pacemakers, biodegradable bone fixation implants;

–   furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables.

 

This Class does not include, in particular:

–   medical dressings and absorbent sanitary articles, for example, plasters, bandages and gauze for dressings, breast-nursing pads, babies’ napkins and napkins for incontinents, tampons (Cl. 5);

–   surgical implants comprised of living tissue (Cl. 5);

–   tobacco-free cigarettes for medical purposes (Cl. 5) and electronic cigarettes (Cl. 34);

–   wheelchairs and mobility scooters (Cl. 12);

–   massage tables and hospital beds (Cl. 20).


CLASS 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Explanatory Note 

This Class includes, in particular:

–   air-conditioning apparatus;

–   bed warmers, hot water bottles, warming pans, electric or non-electric;

–   electrically heated cushions (pads) and blankets, not for medical purposes;

–   electrically heated clothing;

–   electric kettles;

–   electric cooking utensils.

This Class does not include, in particular:

–   steam producing apparatus (parts of machines) (Cl. 7). 


CLASS 12

Vehicles;

apparatus for locomotion by land, air or water.

Explanatory Note

This Class includes, in particular:

–   motors and engines for land vehicles;

–   couplings and transmission components for land vehicles;

–   air cushion vehicles.

This Class does not include, in particular:

–   certain special vehicles not for transportation purposes (consult the Alphabetical List of Goods);

–   certain parts of vehicles (consult the Alphabetical List of Goods);

–   railway material of metal (Cl. 6);

–   motors, engines, couplings and transmission components other than for land vehicles (Cl. 7);

–   parts of motors and engines (of all kinds) (Cl. 7).


CLASS 13

Firearms;

ammunition and projectiles;

explosives;

fireworks.

Explanatory Note

Class 13 includes mainly firearms and pyrotechnical products.

This Class does not include, in particular:

– matches (Cl. 34).


CLASS 14

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:

–   jewellery, including imitation jewellery, for example, paste jewellery;

–   cuff links, tie pins, tie clips;

–   key rings, key chains and charms therefor;

–   jewellery charms;

–   jewellery boxes;

–  component parts for jewellery, clocks and watches, for example, clasps and beads for jewellery, movements for clocks and watches, clock hands, watch springs, watch crystals.

This Class does not include, in particular:

–   smartwatches (Cl. 9);

–   charms, other than for jewellery, key rings or key chains (Cl. 26);

–   objects of art not made of precious metals or coated therewith that are classified according to the material of which they are made, for example, works of art of metal (Cl. 6), of stone, concrete or marble (Cl. 19), of wood, wax, plaster or plastic (Cl. 20), of porcelain, terra-cotta or glass (Cl. 21);

–   certain goods made of precious metals or coated therewith that are classified according to their function or purpose, for example, metals in foil and powder form for use in painting, decorating, printing and art (Cl. 2), dental amalgams of gold (Cl. 5), cutlery (Cl. 8), electric contacts (Cl. 9), pen nibs of gold (Cl. 16), teapots (Cl. 21), gold and silver embroidery (Cl. 26), cigar boxes (Cl. 34).


CLASS 15

Musical instruments.

Explanatory Note

This Class includes, in particular:

– mechanical pianos and their accessories;

– musical boxes;

– electrical and electronic musical instruments.

This Class does not include, in particular:

– apparatus for the recording, transmission, amplification and reproduction of sound (Cl. 9).


CLASS 16

Paper and cardboard;

printed matter;

bookbinding material;

photographs;

stationery and office requisites, except furniture;

adhesives for stationery or household purposes;

artists’ and drawing materials;

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:

–   paper knives and paper cutters;

–   cases, covers and devices for holding or securing paper, for example, document files, money clips, holders for cheque books, paper-clips, passport holders, scrapbooks;

–   certain office machines, for example, typewriters, duplicators, franking machines for office use, pencil sharpeners;

–   painting articles for use by artists and interior and exterior painters, for example, artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays;

–   certain disposable paper products, for example, bibs, handkerchiefs and table linen of paper;

–   certain goods made of paper or cardboard not otherwise classified by function or purpose, for example, paper bags, envelopes and containers for packaging, statues, figurines and works of art of paper or cardboard, such as figurines of papier mâché, framed or unframed lithographs, paintings and watercolours.

 

This Class does not include, in particular:

–   paints (Cl. 2);

–   hand tools for artists, for example, spatulas, sculptors’ chisels (Cl. 8);

–   teaching apparatus, for example, audiovisual teaching apparatus, resuscitation mannequins (Cl. 9), and toy models (Cl. 28);

–   certain goods made of paper or cardboard that are classified according to their function or purpose, for example, photographic paper (Cl. 1), abrasive paper (Cl. 3), paper blinds (Cl. 20), table cups and plates of paper (Cl. 21), bed linen of paper (Cl. 24), paper clothing (Cl. 25), cigarette paper (Cl. 34).


CLASS 17

Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials;

plastics and resins in extruded form for use in manufacture;

packing, stopping and insulating materials;

flexible pipes, tubes and hoses, not of metal.

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:

–   rubber material for recapping tyres;

–   floating anti-pollution barriers;

–   adhesive tapes, other than stationery and not for medical or household purposes;

–   plastic films, other than for wrapping and packaging, for example, anti-dazzle films for windows;

–   elastic threads and threads of rubber or plastic, not for textile use;

–   certain goods made of the materials in this class not otherwise classified by function or purpose, for example, foam supports for flower arrangements, padding and stuffing materials of rubber or plastics, rubber stoppers, shock-absorbing buffers of rubber, rubber bags or envelopes for packaging.

This Class does not include, in particular: 

–   fire hose (Cl. 9);

–   pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and not of metal (Cl. 19);

–   insulating glass for building (Cl. 19);

–   certain goods made of the materials in this class that are classified according to their function or purpose, for example, gum resins (Cl. 2), rubber for dental purposes (Cl. 5), asbestos screens for firemen (Cl. 9), adhesive rubber patches for repairing inner tubes (Cl. 12), rubber erasers (Cl. 16).


CLASS 18

Leather and imitations of leather;

animal skins and hides;

luggage and carrying bags;

umbrellas and parasols;

walking sticks;

whips, harness and saddlery;

collars, leashes and clothing for animals.

Explanatory Note

Class 18 includes mainly leather, imitations of leather and certain goods made of those materials.

This Class includes, in particular: 

– luggage and carrying bags, for example, suitcases, trunks, travelling bags, sling bags for carrying infants, school bags;

– luggage tags;

– business card cases and pocket wallets;

– boxes and cases of leather or leatherboard.

This Class does not include, in particular:

– clothing, footwear and headgear of leather for humans (Cl. 25);

– bags and cases adapted to the product they are intended to contain, for example, bags adapted for laptops (Cl. 9); bags and cases for cameras and photographic equipment (Cl. 9), cases for musical instruments (Cl. 15), golf bags with or without wheels, bags especially designed for skis and surfboards (Cl. 28);

– certain goods made of leather, imitations of leather, animal skins and hides, that are classified according to their function or purpose, for example, leather strops (Cl. 8), polishing leather (Cl. 21), chamois leather for cleaning (Cl. 21), leather belts for clothing (Cl. 25).


CLASS 19

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:

–   semi-worked woods (for example, beams, planks, panels);

–   veneers;

–   building glass (for example, floor slabs, glass tiles);

–   glass granules for marking out roads;

–   letter boxes of masonry.

This Class does not include, in particular:

–   cement preservatives and cement-waterproofing preparations (Cl. 1);

–   fireproofing preparations (Cl. 1).


CLASS 20

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, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastic.

This Class includes, in particular:

–   metal furniture, furniture for camping, gun racks, newspaper display stands;

– indoor window blinds and shades;

–   bedding, for example, mattresses, spring mattresses, pillows;

–   looking glasses, furniture and toilet mirrors;

–   registration plates, not of metal;

–   small items of non-metallic hardware, for example, bolts, screws, dowels, furniture casters, collars for fastening pipes;

–   letter boxes, not of metal or masonry.

This Class does not include, in particular:

–   special furniture for laboratories (Cl. 9) or for medical use (Cl. 10);

–   outdoor blinds of metal (Cl. 6), not of metal and not of textile (Cl. 19), of textile (Cl. 22);

–   bed linen, eiderdowns and sleeping bags (Cl. 24);

–   certain mirrors for specific uses, for example, mirrors used in optical goods (Cl. 9), mirrors used in surgery or dentistry (Cl. 10), rearview mirrors (Cl. 12), sighting mirrors for guns (Cl. 13);

–   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, that are classified according to their function or purpose, for example, beads for making jewellery (Cl. 14), wooden floor boards (Cl. 19), baskets for domestic use (Cl. 21), plastic cups (Cl. 21), reed mats (Cl. 27). 


CLASS 21

Household or kitchen utensils and containers;

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 toilet utensils, glassware and certain goods made of porcelain, ceramic, earthenware or glass.

This Class includes, in particular:

–   utensils and containers for household and kitchen use, for example, fly swatters, bread boards, corkscrews, cocktail shakers, piggy banks, pails, cooking pots and pans;

–   small hand-operated kitchen apparatus for mincing, grinding, pressing or crushing, for example, garlic presses, nutcrackers, pestles and mortars;

–   serving utensils, for example, sugar tongs, ice tongs, pie servers and serving ladles;

–  combs, electric and non-electric;

–  toothbrushes, electric and non-electric;

–   dish stands and decanter stands.

This Class does not include, in particular:

–   cleaning preparations (Cl. 3);

–   small apparatus for mincing, grinding, pressing, or crushing, which are driven by electricity (Cl. 7);

–   razors and shaving apparatus, hair and nail clippers, implements for manicure and pedicure, electric and non-electric, for example, manicure sets, emery boards, cuticle nippers (Cl. 8);

–   table cutlery (Cl. 8);

–   lice combs, tongue scrapers (Cl. 10);

–   cooking utensils, electric (Cl. 11);

–   toilet mirrors (Cl. 20);

–   certain goods made of glass, porcelain and earthenware that are classified according to their function or purpose, for example, porcelain for dental prostheses (Cl. 5), spectacle lenses (Cl. 9), glass wool for insulation (Cl. 17), earthenware tiles (Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 22).


CLASS 22

Ropes and string;

nets;

tents and tarpaulins;

awnings of textile or synthetic materials;

sails;

sacks for the transport and storage of materials in bulk;

padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics;

raw fibrous textile materials and substitutes therefor.

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:

–   cords and twines made of natural or artificial textile fibres, paper or plastics;

–   fishing nets, hammocks, rope ladders;

–   vehicle covers, not fitted;

–   certain sacks and bags not otherwise classified by function or purpose, for example, bags for washing hosiery, body bags, mail bags;

–   packaging bags of textile;

–   animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or treated wool, raw silk.

This Class does not include, in particular:

–   metal ropes (Cl. 6);

–   strings for musical instruments (Cl. 15) and for sports rackets (Cl. 28);

–   padding and stuffing materials of paper or cardboard (Cl. 16), rubber or plastics (Cl. 17);

–   certain nets and bags that are classified according to their function or purpose, for example, safety nets (Cl. 9), luggage nets for vehicles (Cl. 12), garment bags for travel (Cl. 18), hair nets (Cl. 26), golf bags (Cl. 28), nets for sports (Cl. 28);

–   packaging bags, not of textile, which are classified according to the material of which they are made, for example, packaging bags of paper or plastics (Cl. 16), of rubber (Cl. 17), of leather (Cl. 18).


CLASS 23

Yarns and threads, for textile use.


CLASS 24

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:

–   household linen, for example, bedspreads, pillow shams, towels of textile;

–   bed linen of paper;

–   sleeping bags, sleeping bag liners;

–   mosquito nets.

This Class does not include, in particular: 

–   electrically heated blankets, for medical purposes (Cl. 10) and not for medical purposes (Cl. 11);

–   table linen of paper (Cl. 16);

–   asbestos safety curtains (Cl. 17), bamboo curtains and bead curtains for decoration (Cl. 20);

–   horse blankets (Cl. 18);

–   certain textiles and fabrics for specific uses, for example, fabrics for bookbinding

(Cl. 16), insulating fabrics (Cl. 17), geotextiles (Cl. 19).


CLASS 25

Clothing, footwear, headgear.

Explanatory Note

This Class does not include, in particular:

– certain clothing and footwear for special use (consult the Alphabetical List of Goods).


CLASS 26

Lace and embroidery, ribbons and braid;

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:

– wigs, toupees and false beards;

– barrettes and hair bands;

– hair nets;

– buckles and zippers;

– charms, other than for jewellery, key rings or key chains.

This Class does not include, in particular:

– certain special types of hooks (consult the Alphabetical List of Goods);

– certain special types of needles (consult the Alphabetical List of Goods);

– false eyelashes (Cl. 3);

– hair prostheses (Cl. 10);

– charms for key rings or key chains (Cl. 14);

– jewellery charms (Cl. 14);

– yarns and threads for textile use (Cl. 23).


CLASS 27

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:

– wooden flooring (Cl. 19).


CLASS 28

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:

–   amusement and game apparatus, including controllers therefor;

–   amusement and novelty items, for example, carnival masks, paper party hats, confetti, practical jokes and party favours;

–   hunting and fishing tackle, for example, fishing rods, landing nets for anglers, decoys, hunting game calls;

–   equipment for various sports and games.

This Class does not include, in particular:

–   Christmas tree candles (Cl. 4), electric lights for Christmas trees (Cl. 11), confectionery and chocolate decorations for Christmas trees (Cl. 30);

–   diving equipment (Cl. 9);

–   sex toys and love dolls (Cl. 10);

–   clothing for gymnastics and sports (Cl. 25);

–   certain gymnastic and sporting articles, for example, protective helmets, goggles and mouthguards for sports (Cl. 9), sporting firearms (Cl. 13), gymnasium mats (Cl. 27), as well as certain fishing and hunting equipment, for example, hunting knives, harpoons (Cl. 8), hunting firearms (Cl. 13), fishing nets (Cl. 22), that are classified according to other functions or purposes.


CLASS 29

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:

– milk beverages (milk predominating);

– seeds prepared for human consumption, not being seasonings or flavourings.

This Class does not include, in particular:

–   certain foodstuffs of plant origin (consult the Alphabetical List of Goods);

–   baby food (Cl. 5);

–   dietetic food and substances adapted for medical use (Cl. 5);

–   dietary supplements (Cl. 5);

–   processed seeds for use as a seasoning (Cl. 30);

–   salad dressings (Cl. 30);

–   fertilised eggs for hatching (Cl. 31);

–   foodstuffs for animals (Cl. 31);

–   live animals (Cl. 31);

–   seeds for planting (Cl. 31).


CLASS 30

Coffee, tea, cocoa and artificial coffee;

rice;

tapioca and sago;

flour and preparations made from cereals;

bread, pastries and confectionery;

edible ices;

sugar, honey, treacle;

yeast, baking-powder;

salt;

mustard;

vinegar, sauces (condiments);

spices;

ice.

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:

–   beverages with coffee, cocoa, chocolate or tea base;

–   cereals prepared for human consumption (for example, oat flakes and those made of other cereals).

This Class does not include, in particular:

–   certain foodstuffs of plant origin (consult the Alphabetical List of Goods);

–   salt for preserving other than for foodstuffs (Cl. 1);

–   medicinal teas and dietetic food and substances adapted for medical use (Cl. 5);

–   baby food (Cl. 5);

–   dietary supplements (Cl. 5);

–   yeast for pharmaceutical purposes (Cl. 5), yeast for animal consumption (Cl. 31);

–   raw cereals (Cl. 31);

–   foodstuffs for animals (Cl. 31).


CLASS 31

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products;

raw and unprocessed grains and seeds;

fresh fruits and vegetables, fresh herbs;

natural plants and flowers;

bulbs, seedlings and seeds for planting;

live animals;

foodstuffs and beverages for animals;

malt.

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: 

–  unprocessed cereals;

–   plant residue;

–   unprocessed algae;

–   unsawn timber;

–   fertilized eggs for hatching;

–   fresh mushrooms and truffles;

–   litter for animals, for example, aromatic sand, sanded paper for pets. 

This Class does not include, in particular:

–   cultures of micro-organisms and leeches for medical purposes (Cl. 5);

–   dietary supplements for animals and medicated animal feed (Cl. 5);

–   semi-worked woods (Cl. 19);

–   artificial fishing bait (Cl. 28);

–   rice (Cl. 30);

–   tobacco (Cl. 34).


CLASS 32

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:

– de-alcoholised beverages.

This Class does not include, in particular:

–   beverages for medical purposes (Cl. 5);

–   milk beverages (milk predominating) (Cl. 29);

–   beverages with coffee, cocoa, chocolate or tea base (Cl. 30).


CLASS 33

Alcoholic beverages (except beers).

Explanatory Note

This Class does not include, in particular:

– medicinal beverages (Cl. 5);

– de-alcoholised beverages (Cl. 32).


CLASS 34

Tobacco;

smokers’ articles;

matches.

Explanatory Note

This Class includes, in particular:

– tobacco substitutes (not for medical purposes).

This Class does not include, in particular:

– cigarettes without tobacco, for medical purposes (Cl. 5).


CLASS 35

Advertising;

business management;

business administration;

office functions.

Explanatory Note

Class 35 includes mainly services rendered by persons or organizations principally with the object of:

          (1)     help in the working or management of a commercial undertaking, or

          (2)     help in the management of the business affairs or commercial functions of an
                    industrial or commercial enterprise,

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:

–   the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods;  such services may be provided by retail stores, wholesale outlets, through vending machines, mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes;

–   services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;

–   services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples.  This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.

This Class does not include, in particular:

–   services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).


CLASS 36

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:

–   services relating to financial or monetary affairs comprise the following:

(a)   services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services;

(b)   services of credit institutions other than banks such as co-operative credit associations, individual financial companies, lenders, etc.;

(c)   services of “investment trusts,” of holding companies;

(d)   services of brokers dealing in shares and property;

(e)   services connected with monetary affairs vouched for by trustees; 

(f)    services rendered in connection with the issue of travellers’ cheques and letters of credit;

–   hire- or lease-purchase financing;

–   services of realty administrators of buildings, i.e., services of letting or valuation, or financing;

–   services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.


CLASS 37

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:

–   services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers;

–   services auxiliary to construction services like inspections of construction plans;

–   services of shipbuilding;

–   services consisting of hiring of tools or building materials;

–   repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition);

–   various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.;

–   services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Class 40 see the Explanatory Note of Class 40).

This Class does not include, in particular:

–   services consisting of storage of goods such as clothes or vehicles (Cl. 39);

–   services connected with dyeing of cloth or clothes (Cl. 40).


CLASS 38

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:

            (1)        allow one person to talk to another,

            (2)        transmit messages from one person to another, and

            (3)        place a person in oral or visual communication with another (radio and television).

This Class includes, in particular:

– services which consist essentially of the diffusion of radio or television programmes.

This Class does not include, in particular:

– radio advertising services (Cl. 35);

– telephone marketing (telemarketing) services (Cl. 35).


CLASS 39

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:

–   services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter;

–   services connected with the hiring of transport vehicles;

–   services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes;

–   services connected with the packaging and parcelling of goods before dispatch;

–   services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport;

–   services relating to the inspection of vehicles or goods before transport.

This Class does not include, in particular:

–   services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35);

–   services relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36);

–   services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36);

–   services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37);

–   services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 43).


CLASS 40

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:

–   services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment);  consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);

–   services of material treatment which may be present during the production of any substance or object other than a building;  for example, services which involve cutting, shaping, polishing by abrasion or metal coating;

–   the custom manufacturing of goods to the order and specification of others (bearing in mind that certain offices require that the goods produced be indicated), for example, custom manufacturing of automobiles.

This Class does not include, in particular:

– repair services (Cl. 37);

– certain customization services, for example, the custom painting of automobiles (Cl. 37).


CLASS 41

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:

–   services consisting of all forms of education of persons or training of animals;

–   services having the basic aim of the entertainment, amusement or recreation of people;

–   presentation of works of visual art or literature to the public for cultural or educational purposes.


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.

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:

–   the services of engineers and scientists who undertake evaluations, estimates, research and reports in the scientific and technological fields (including technological consultancy);

–   computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information;

–   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);

–   legal services (Cl. 45).


CLASS 43

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:

–   reservation services for travellers’ accommodation, 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 exterminating, other than for agriculture, aquaculture, 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

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.

Explanatory Note

This Class includes, in particular:

–   services rendered by lawyers, legal assistants, and personal advocates, to individuals, groups of individuals, organizations and enterprises;

–   investigation and surveillance services relating to the physical safety of persons and security of tangible property;

–   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 or dancers (Cl. 41);

–   computer programming services for the protection of software (Cl. 42);

–   computer and internet security consultancy and data encryption 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).

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