Chemical products for use in industry and other general applications are in Class 1. There are some chemical products that are listed in Class 1 when their use is for general industrial applications but may also be listed in another class when a particular use is indicated. For example, hydrogen peroxide is in Class 1 while hydrogen peroxide for cosmetic purposes is in Class 3 and hydrogen peroxide for medical purposes is in Class 5. The broad product fields indicated in the Class Heading suggest that goods are properly included in Class 1 unless there is a specific application to which the goods may be put that is set forth in the description of the goods to justify their classification in a class other than Class 1.
There are many products in this class that are used in the manufacture of other finished products that are in other classes. An example is artificial resins. Artificial resins are in Class 1 since an artificial resin is a conglomerate of chemicals. When these artificial resins are manufactured into another product, they are no longer in Class 1. Acrylic resins that have been made into semi-finished products are in Class 17. Further manufacture turns the semi-finished acrylic resin products into finished products that are in classes such as Class 20 for many finished plastic or synthetic resin products.
It should be noted that manure and other plant growth preparations are in Class 1. These products are valued for their chemical property of enhancing plant growth. They must be differentiated from the pesticides, fungicides and herbicides that are in Class 5. The items in Class 5 are for the treatment of plant diseases. While this may ultimately encourage plant growth by making the plant free of disease, the primary purpose of the goods is not plant growth. Plant growth is a by-product of their disease control function. Goods that are primarily used for plant growth enhancement itself are in Class 1.Basically, Class 2 includes goods that are made to coat other items either for decorative or protective purposes. Very few items of this nature are found in classes other than Class 2. The most significant group of coatings that are not in Class 2 are those that are used in building construction. These include entries in the Alphabetical List in Class 19 for materials for making and coating roads, fireproof cement coatings, bituminous coatings for roofing, road coatings and the general entry for coatings [building materials]. While some of these may be considered protective, their primary use is in building construction and are, therefore, appropriately in Class 19. Protective coatings that are in Class 2 are those in the form of paints or oils used on wood or to prevent rust. Oils for the preservation of masonry and leather, however, are in Class 4 together with the industrial oils.
Raw natural resins are in Class 2 while artificial resins are in Class 1. Artificial resins are composed of chemicals that are combined by man to produce a plastic-like amalgamation. Raw natural resins are those that appear in nature. As most other things in the physical world, raw natural resins are a conglomerate of chemicals. But these chemicals are not artificially combined in a factory to produce the product. Therefore, it is not appropriate to classify raw natural resins in Class 1 with the artificial resins. Raw natural resins are used primarily in the production of lacquers and varnishes which are both Class 2 goods. Thus, the classification of these goods in Class 2 is justified since they are integral to the production of Class 2 items.
There are mordants in Class 1 and Class 2. The mordants in Class 1 are chemicals used primarily to etch a subsurface. The chemical properties of such mordants are critical to that item and it is reasonable to classify a product that relies on its chemical action to accomplish its purpose in Class 1. The mordants in Class 2 are those used primarily to prepare a subsurface to accept a dye. As with the raw natural resins, the close association of these mordants with other Class 2 goods justifies their classification in Class 2 rather than in Class 1 with the mordants that cause a chemical reaction with the surfaces to which they are applied.Cosmetic, personal hygiene (when not for medical purposes) and general cleaning or polishing preparations are classified in Class 3. This class also includes goods that are related to these types of preparations. Such goods are in Class 3 when used for one of these Class 3 purposes. When used for other purposes, they could be classified in other classes. An example of this is ammonia being in Class 3 when used as a detergent but in Class 1 when used for industrial purposes. Items such as this that can be classified in more than one class depending on their specific uses, should have those uses specified as part of the identification of goods in order to justify their classification in a particular class. Some products, however, are always in Class 3, such as, essential oils and soaps.
Most of the items in this class are preparations. However, there are some hard goods included in this class, but they are used for one of the Class 3 purposes or impregnated with Class 3 preparations, e.g., abrasive paper, alum stones, cotton sticks, pumice stones, cloths impregnated with a cosmetic lotion or a detergent for cleaning.
It should also be noted that, generally, Class 3 is not a class for apparatus. Cosmetic and cleaning apparatus, such as brushes, are most commonly classified in Class 21.Class 4 contains primarily oils, greases and lubricants, as well as fuels and non-electrical illuminants, such as candles. The class also includes wetting and binding compositions. These compositions are included in Class 4 because they are usually oil or grease based. It should also be noted that goods that use Class 4 fuels and illuminants are not in Class 4. For example, lanterns are in Class 11. This would include lanterns powered by electricity or by a Class 4 fuel.
It should be noted that candles and wicks for lighting are in Class 4. The classification of this item in Class 4 may seem inconsistent since other items for lighting are in Class 11. However, the difference between these items and the reason for the classification of candles in Class 4 rather than Class 11 is that candles are inseparable from and, in fact, are composed of the fuel that makes them work, namely, wax. A lantern in Class 11, on the other hand, is the apparatus that will provide the illumination once a Class 4 fuel, such as, kerosene, is added to it so it will provide light.The majority of items found in Class 5 are pharmaceutical, veterinary and sanitary preparations. Other items in the Class Heading and in the Alphabetical List derive their classification in Class 5 from this, the first group of items listed in the Class Heading. It should be noted that most of the items are preparations. However, there are some hard goods included in this class, such as, babies' diapers, bandages for dressings and dental cements. Note that bandages that provide a healing function themselves, such as, supportive bandages, are in Class 10.
Foods that are designated as being specifically for a medical or veterinary purpose are in Class 5. Foods that may be lower in calories, salt or fat but are not designated for medical or veterinary use are in the food classes (Classes 29, 30 and 32) and must be set out with adequate specificity to determine which of the food classes is appropriate for a specific item.
The item in the Class Heading, "sanitary preparations for medical purposes," focuses on the difference between sanitary preparations being toiletries and sanitary preparations for medical purposes. Sanitary preparations being toiletries in Class 3 are just that—they are goods that are used for cleaning or sanitation purposes that do not serve a medical purpose and are listed in the specific inclusions for Class 3. They are soaps, shampoos or personal deodorants. Sanitary preparations for medical purposes in Class 5 go beyond cleaning. They sterilize or disinfect—both characteristic of Class 5 goods. Further, in French, the phrase, "produits hygiéniques" also refers to women's menstrual products, such as, sanitary pads. Therefore, women's menstrual products, absorbent pants and napkins for incontinents and babies' diapers are included in this class based on this Class Heading.
Disinfectants are in Class 5 because they destroy harmful microorganisms, thereby contributing to the prevention of disease or other conditions that the curative items of this class remedy. "Preparations for destroying vermin; fungicides, herbicides" are also in Class 5 and it may seem incongruous to have them in the same class as disinfectants. However, they are also used to kill organisms. The purpose of all of these items is to assure the healthy existence of human beings, plants or animals. Thus, it is reasonable to classify them all with the goods that restore health to these organisms.
It should be noted that blood, living tissues and biological tissue cultures are also in Class 5 when specified as being for pharmaceutical, medical or veterinary purposes and in Class 1 when they are for purposes other than pharmaceutical, medical or veterinary, e.g., for industrial or scientific purposes.Class 6 requires making the decision when to classify goods made of metal in Class 6 and the same goods when not made of metal in another class. Generally, building materials not of metal are in Class 19 and non-metal hardware are in Class 20. Note that many of these items can be composed of both metal and non-metal components. Classification depends on whether the non-metal or metal components are designated as being the primary component of the goods.
Another area of concern can be differentiating between items in Class 6 that are items made of metal that do not perform a task and tools in Classes 7 or 8 that are items that perform a task or activity on other goods. Items in Class 6 are generally inert pieces of metal while tools in Class 7 or 8 perform an activity.
A problematic entry in the Class Heading is "goods of common metal not included in other classes". This language is not intended to indicate that all goods made of common metal are classified in Class 6 and, if not made of metal, should be classified elsewhere. Class 6 should not be used for goods made of common metal if there are other appropriate classes where goods can be classified regardless of material composition. For example, machines, motors and engines should not be classified in Class 6 although they are made primarily of metal because there is an appropriate class in the Classification for these items, namely, Class 7.Class 7 encompasses primarily power-driven machines and machine tools and some specific components of those machines. It is important to note while Class 7 is the class for power-operated tools, Class 8 is the class for hand-operated tools. Thus, hammers [hand tools] are in Class 8 since they are hand-operated hand tools but electric hammers are in Class 7 because they are considered a machine powered by electricity. Also, Class 12 is related to Class 7 since Class 7 is the class for parts of motors and engines and finished motors and engines that are not used in land vehicles. Class 12 includes engines and motors for land vehicles.Class 8 includes mainly hand operated implements that are used as tools. Under these parameters, Class 8 includes many domestic implements that are hand-powered or hand-operated. Such domestic implements are those that perform a function, such as, cutting or piercing, but do so powered by the human hand and not by a manufactured power source. Thus, non-electric egg slicers and non-electric pizza cutters are in Class 8. It should also be noted, however, that certain non-electric items in Class 8 also have their electric counterparts included in this class. For example, nail buffers, electric and non-electric are in Class 8 as are electric and non-electric hair clippers for personal use.
It should be noted that the side arms referred to in the Class Heading do not include guns or other firearms. Examples of side arms that are in Class 8 include knives, swords and bayonets.Class 9 includes a wide variety of goods. Many items that are in Class 9 are of a technological nature, such as computers, computer peripherals and computer software. Another general area of goods in Class 9 includes items that control other goods or control the distribution and use of electricity. A third general area of goods in Class 9 encompasses items used for scientific or research purposes as well as those items that record data other than computer data and measure or inspect other goods.
Life-saving apparatus and protective clothing is classified in Class 9 based on the class heading for "life-saving … apparatus". The term "life-saving" must be understood as apparatus that prevents the loss of life as well as that which is used to save a life that has been endangered. Therefore, life-saving apparatus, such as breathing apparatus, except for artificial respiration, life belts, life jackets and bullet-proof waistcoats, clearly fit within the language of the Class Heading. The more problematic aspect of life-saving apparatus is the inclusion of protective clothing in Class 9. However, if these goods are viewed in the light of life-saving meaning prevention of life-threatening events, the classification of protective clothing is justified. The protective clothing in Class 9 includes clothing that protects against accidents, irradiation and fire. While the accidents that are prevented by this clothing may not be life threatening, they can be serious and clothing that prevents them from occurring is appropriately classified in class 9. However, it should be noted that protective padding (parts of sports suits) are classified in Class 28 since they protect against bumps and bruises that usually are not fatal or debilitating and, therefore, do not rise to the level of life-saving apparatus in Class 9.The items in Class 10 comprise apparatus used in medical, dental and veterinary situations. The words "apparatus" or "instruments" are important as they help to differentiate Class 10 items from the medications and preparations in Class 5. Many of these devices are classified in other classes when not used for a Class 10 purpose. For example, needles are found in three classes other than Class 10. However, when the needles are specified as being for medical purposes or suture needles or acupuncture needles, they are in Class 10. Another factor to be kept in mind when working with Class 10 is that protective items for protection against further aggravation of an existing condition or illness are in Class 10 while protective items that are intended to prevent an initial injury are in Class 9. For example, shoes for protection against accidents, irradiation and fire are in Class 9. If the foot is injured in an accident, a support bandage that is in Class 10 is applied to assist in curing the injury by providing support to the foot. However, note that a wound dressing is in Class 5 since it provides protection and perhaps is a carrier for a medical preparation but, in itself, does not serve to cure the injury.The apparatus included in Class 11 are characterized as being for "environmental control," in the sense that they change the surrounding environment, e.g., by heating, cooling, drying, purifying or disinfecting air or water. However, there can be confusion with items in other classes that are electrically heated. The items that are electrically heated in other classes are so heated in order to perform a task other than providing heat to the environment. Those that are in Class 11 are in this class because they heat or otherwise affect the environment. For instance, electric glue guns are in Class 7 because their purpose is to apply glue even though heat is used to melt the glue in the gun. Glue-heating appliances are in Class 11 because their purpose is to melt the glue and keep it viscous so it can be applied to a surface using another tool.
Pipes that are parts of sanitary installations are in Class 11. They are distinguishable from pipes that are classified in Class 6 if they are made of metal and in Class 19 if they are not made of metal and are for building purposes. This differentiation is based on the integration of the pipes that are in Class 11 with a Class 11 item. The pipes in Class 11 are those that are directly attached to and are specialized parts of installations such as sinks, showers and toilets. The pipes that bring water to and from these installations are building materials and are classified in Class 6 if they are made of metal and Class 19 if they are not made of metal.
It should be noted that the cooking apparatus that are in Class 11 comprise those items that have a heat source that is part of the apparatus, such as, microwave ovens, bakers' ovens and electric pressure cookers. Cooking utensils that do not incorporate a heat source are, generally, in Class 21, such as pots and pans for cooking, and non-electric pressure cookers.Class 12 includes all items related to the transport of people, animals or things. The term "transport" is significant since there are items in other classes that could be deemed as providing transport when, in fact, that is not the primary purpose of the items. For example, road sweeping machines [self-propelled] and snow ploughs are in Class 7. These items move but their purpose is not transport; their purpose is to perform a task, either road sweeping or snow removal. Therefore, they are not considered transport items in Class 12. Conversely, bicycles are in Class 12 and not Class 28 because they provide transport even if that transport is done for sport or recreational purposes.
It should be noted, however, that not all parts of vehicles are in Class 12. Motors and engines for vehicles other than land vehicles are in Class 7 as are parts of all motors and engines. There are specific items that are associated with vehicles and apparatus for transport that are in classes other than Class 12. This classification in classes other than Class 12 usually occurs when the item in question is not a structural part of the vehicle. Thus, items such as locks of metal for vehicles are in Class 6, mileage recorders for vehicles and vehicle radios are in Class 9 and lights for vehicles are in Class 11. The Alphabetical List should be consulted for classification of various vehicle parts.The items in this class are powered by an incendiary, explosive or propellant force; items are not classified in Class 13 because they are weapons. Knives can be weapons but they are classified in Class 8. Bows and arrows are classified in Class 28 although they perform similar functions as guns and rifles. However, they are not explosive devices and, therefore, are not classified in Class 13.
Sometimes, the term "weapon" is used in Class 13 to distinguish items in this class from similar items that may be classified elsewhere, such as harpoon guns [weapons] in Class 13 and harpoon guns [sports articles] in Class 28. The difference between the weapon and non-weapon harpoon guns is significant enough to warrant their classification in different classes. Otherwise, explosives and firearms are all in Class 13, whether for military or sport use.Jewellery, whether made of precious metals and precious stones or other materials, and precious stones are clearly distinguished as Class 14 goods. Generally, horological and chronological instruments in Class 14 are for time keeping purposes. Some chronological instruments are in Class 9 if their purpose is the measurement of time rather than keeping track of time. There are some distinctions with decorations for clothing that are in Class 26 such as brooches that are clothing accessories rather than jewellery items in Class 14. However, determining when goods made of precious metal or coated therewith are in Class 14 and when they are in other classes may be difficult to decide. The approach in the Nice Classification is to classify goods that have a specific, functional class in that functional class regardless of the material composition including precious metal. An example of this is tea services. All tea services are classified in Class 21 regardless of their material composition. However, there is no specific functional class for an item such as figurines. Therefore, figurines are classified by the class of their material composition. Thus, figurines of precious metal are in Class 14 while figurines made of other materials are in the classes of those other materials.All musical instruments are in Class 15 as well as goods that create music but are not manipulated by a musician, such as, music boxes. However, goods that affect sound produced from another source, such as, music amplifiers or loudspeakers, and apparatus that reproduce sounds, such as, CD players, are not in Class 15 but in Class 9. Class 15 also includes goods that are highly related to the production of musical sounds, such as, music stands, tuning forks and conductors' batons.Goods that are made of paper or printed matter such as books, pamphlets and brochures are clearly in Class 16 based on the Class Heading. However, there are items that are related to these basic goods that are also in Class 16. Many items used in offices, plastic packaging that is a substitute for paper, items that apply ink or color to paper such as pens, pencils and markers, and items related to printing and bookbinding are in Class 16.
Note that electronic books or other publications that are intended by the provider to be downloaded into the end users electronic device are in Class 9. The provision of on-line, non-downloadable electronic publications is considered a service in Class 41.The material compositions that are set forth in the Class Heading are the reason that many items are classified in Class 17. Unless the item is highly specialized to the point that it must be in a class other than 17, such as rubber for dental purposes in Class 5, items that cannot be classified according to their function or purpose and are made of rubber, gutta-percha, gum, asbestos and mica are in this class. Also, goods that provide insulation are in Class 17 even if they would be in other classes if not specialized to provide insulation. Examples of this are insulating paint, fabric and paper that are all in Class 17 rather than the typical classes for those goods which are Classes 2, 24 and 16, respectively. Finally, flexible pipes that are not made of metal are in Class 17, such as, radiator hoses and watering hoses.Class 18 covers, among other things, items made of leather and substitutes for leather when there is no other class that is appropriate for those items. For example, passport holders are in Class 16 even though they are often made from leather. Because a passport holder is specially adapted to hold a printed, paper item, it is in Class 16 regardless of material composition, including leather. Items used for the transport of personal goods, such as suitcases and other travelling bags, are in Class 18. Finally, many items in Class 18 relate to animals due to the mention of whips, harness and saddlery in the Class Heading. Some of these are bits for animals [harness], harness fittings, nose bags [feed bags], covers for horse-saddles and stirrups. Also covers for animals is in Class 18 and not in Class 25. However, it should be noted there are animal-related items that are not in Class 18, such as, dog kennels in Class 20 and horse brushes in Class 21.Non-metallic building materials comprise most of the items in Class 19. Building materials made of metal are in Class 6. Anything that constitutes a structure and is not made primarily of metal, from bicycle parking installation to entire buildings, is in Class 19. Also, some specialized building materials are in Class 19 when they might otherwise be classified in another class. One such item is bituminous coatings which could be in Class 2 since it is a coating but is classified in Class 19 because it is a specialized building product. A complete home that is built entirely in a factory and then transported and installed on-site is in Class 19 because they are usually composed primarily of non-metal components even though parts of the building may be made of metal.
Note that non-metallic rigid pipes for building are in Class 19. These are not to be confused with flexible pipes, not of metal that are in Class 17.
Objects made of stone, marble or other Class 19 materials are in Class 19 even if the objects are artistic sculptures or figurines. Since there is no specific class for three-dimensional objects of art, they are classified by their material compositions.Furniture for general use is in Class 20 regardless of material composition. Specialized use furniture is in the classes of their uses, such as, laboratory furniture in Class 9 and
dentists' armchairs in Class 10. The list of materials in the Class Heading controls the inclusion in this class of items that are classified by material composition, such as, statuettes and figurines.
Class 20 is a class for non-metal goods that often have a counterpart in Class 6 when those goods are made of metal. For example, the metal containers that are not for domestic use are in Class 6, while the non-metal containers that are also not for domestic use are in Class 20. There are containers in Class 21, but these are limited by the Class Heading to those that are for domestic or kitchen use.
Many hardware items of plastic are in Class 20, their equivalent of metal being in Class 6. It should be noted, however, that hardware related to curtains is classified in Class 20 regardless of its material composition. Also non textile curtains, such as, bamboo or bead curtains, as well as window blinds or shades for interiors are in Class 20 because they are considered as furnishings.Generally, Class 21 includes utensils that do not cut or pierce, containers and other apparatus used in a household or kitchen environment. This language covers a very broad range of products from piggy banks to watering cans and cooking utensils that do not incorporate their own heat source (see Class 11 cooking apparatus). Other classes to be considered for related items are Classes 6, 7, 8 and 20. This is particularly true because Class 21 is also a class that specifies materials that will control the classification of items that are classified by their material compositions.Generally, Class 22 covers textiles in their most unprocessed state, namely, fibers. It also includes some finished goods that cannot be well classified in the other textile classes, namely, Classes 23, 24 and 25, such as tents and awnings. Note that sails are in Class 22 even though they are a finished item and are used with transport and sport apparatus such as boats and ski sailing equipment. Ropes and string are in Class 22 since they are rough-finished goods that are derived from the raw fibrous textile materials that are in Class 22. Note that thread and yarn which are more refined items made from fibers are in Class 23. Also, sacks and bags that are used for commercial purposes are in Class 22, such, as, bags for the transport and storage of materials in bulk, mail bags and sacks of textile for packaging. Finally, padding and stuffing materials that are not rubber or plastic (which would be in Class 17) are in Class 22. This puts stuffing and padding that is derived from natural sources (other than rubber), such as, straw, horsehair, kapok, feathers and seaweed in Class 22.As indicated in the brief Class Heading, yarns and threads, either natural or synthetic, are in Class 23 so long as they are for textile use. Clearly, cotton, silk or woolen threads and yarns are in this class. But, when used for textile purposes, fiberglass, elastic, rubber and plastic threads or yarns are in Class 23 also.
It should be noted that the Alphabetical List sets forth a number of threads that are classified in classes other than Class 23 due to their specialized uses. Some examples of these are threads of plastic for soldering in Class 17, elastic yarns, not for use in textiles in Class 17 and identification threads for electric wires in Class 9.Fabric intended for traditional textile uses are in this class, as are flat finished goods made of textile. Some examples of these goods are curtains of textile or plastic, flags, not of paper, handkerchiefs of textile, mosquito nets, printers' blankets of textile, shrouds and wall hangings of textile. Also textile substitutes are in this class, e.g., plastic material [substitute for fabrics]. This class does not include finished items that are considered clothing in Class 25 or textile items that could be classified in another class according to their function or purpose. Some examples of flat, textile goods that are not in Class 24 are horse blankets in Class 18, insulating fabrics and asbestos fabrics in Class 17, fabrics for bookbinding in Class 16, and geotextiles in Class 19.The clothing, footwear and headwear classified in Class 25 are those that are used for normal dress purposes. However, clothing, footwear and headgear that are specially adapted for a particular use are classified in the class that is related to that use. Some examples of specialized clothing articles that are not in Class 25 are clothing for protection against fire and other highly protective clothing that are in Class 9, clothing especially for operating rooms in Class 10 and skating boots with skates attached in Class 28.Clothing embellishments are in Class 26. These embellishments may be decorative, such as, lace trimmings, frills for clothing and spangles for clothing. They may also be functional, such as, belt clasps, snap fasteners, zippers and shoe buckles. The broad reference to hooks, pins and needles in the Class Heading allows for the introduction of crochet hooks, knitting needles and sewing needles as well as items that are related to these goods, such as, pin cushions and boxes for needles. It should be noted that natural hair and wigs and other false hair items are in Class 26 as well as items that are related to them, such as, hair nets, hair bands and hair curling papers. The item artificial flowers justifies inclusion of many artificial replicas of natural flora. However, artificial Christmas trees are in Class 28 since they are considered, for classification purposes, an object of amusement more than a decorative piece of artificial flora.Basically, this is the "floor covering and wallpaper" class. Perhaps the most important wording in the Class Heading is "materials for covering existing floors". This is the language that differentiates items in Class 27 from certain building materials used in the construction of floors that are in Class 19, like "tiles". There are very few exceptions to this broad category. As expressed in the Explanatory Note, the coverings in Class 27 are intended to be added as furnishings to previously constructed floors and walls.
Also, wall coverings are included in this class. The Class Heading specifically mentions non-textile wall hangings. This part of the Class Heading permits the inclusion of wallpaper in the class, although wallpaper is not normally considered a "wall hanging". The term also makes it clear that wall hangings or tapestries are in this class only if they are not textile. Textile tapestries should be classified in Class 24.Games, playthings and objects of amusement such as snow globes and confetti are in this class. Not only are decorations for Christmas trees in Class 28, but Christmas trees of synthetic material and Christmas tree stands are in Class 28 as well. All computer and electronic game apparatus is in Class 28 but it should be noted that computer game programs are in Class 9. While most gymnastic and sporting articles are in Class 28, there are some significant exceptions, such as, protective helmets for sports in Class 9, gymnastic mats in Class 27 and boots for sports in Class 25.The food items in Class 29 are of animal and vegetable origin and are prepared for human consumption or for conservation.
Fresh vegetables and fruits are in Class 31, even when the plants have been cut from the ground or the fruits picked from the trees. But once the vegetables or the fruits have been processed for consumption or conservation, for example, cut for a ready-made salad, frozen or cooked into a purée, a compote or a jam, they become a Class 29 product.
Certain foods and beverages are classified according to the predominant ingredient. Most beverages are in Classes 32 and 33; however, when the Class 29 ingredient is the dominant component, the beverage is in Class 29. This is the case for milk beverages, milk predominating in Class 29.
Foods like pizza and sandwiches are classified in Class 30 although they are covered with or contain Class 29 items such as cheese, ham, tuna fish, eggs or vegetables, because the predominant ingredient is considered to be the bread or the pizza paste, both classified in Class 30. Following this principle, many prepared meals or filled foodstuffs are classified in Classes 29 or 30, depending on the predominant ingredient.
"Sauces (condiments)" is part of the Class 30 heading, it is also and entry in the Alphabetical List, sauces [condiments]. However, as certain sauces that are not necessarily condiments, like fruit coulis and tomato sauce, are also in Class 30, while cranberry sauce, jellies, jam and compotes are in Class 29, the alphabetical list should be carefully consulted when classifying these types of products.Class 30 comprises items of plant origin that are prepared for human consumption or for conservation. However, Class 30 does not include processed vegetables, which are in Class 29. Processed grains are in Class 30 as they are a plant product and not a vegetable.
Cereal grain products like flour are in this class, as well as products made with flour, such as bread and pastry.
Edible substances that sweeten or improve the flavour of food, like sugar, honey, aromatic substances, preserved herbs, salt and condiments are also in Class 30.
Certain foods and beverages are classified according to the predominant ingredient. Most beverages are in Classes 32 and 33; however, when the Class 30 ingredient is the dominant component, the beverage is in Class 30. This is the case for coffee-, tea-, cocoa- or chocolate-based beverages in Class 30.
Foods like pizza and sandwiches are classified in Class 30 although they are covered with or contain Class 29 items such as cheese, ham, tuna fish, eggs or vegetables, because the predominant ingredient is considered to be the bread or the pizza paste, both classified in Class 30. Following this principle, many prepared meals or filled foodstuffs are classified in Classes 29 or 30, depending on the predominant ingredient.
"Sauces (condiments)" is part of the Class 30 heading, it is also and entry in the Alphabetical List, sauces [condiments]. However, as certain sauces that are not necessarily condiments, like fruit coulis and tomato sauce, are also in Class 30, while cranberry sauce, jellies, jam and compotes are in Class 29, the alphabetical list should be carefully consulted when classifying these types of products.Most living items, plant or animal in nature, are in Class 31. Goods used to feed live animals are in Class 31 also. Malt is in Class 31 because it is a grain that has germinated and then been dried to halt the germination process. At this point, it is not used for human consumption; therefore, it is not in Class 30 with other processed grains that are ready for consumption. At this stage, malt is used as a basic grain ingredient in making many foods and beverages that are in Classes 30, 32 and 33.
Unprocessed eggs, that is eggs in their shells, could be considered an unprocessed animal product in Class 31. However, to be in Class 31, the animal must be live as indicated in the Class Heading for Class 31. Since eggs are not live, they are not appropriate for classification in Class 31. The only eggs that are in the Alphabetical List in Class 31 are eggs for hatching, fertilised. The classification of this item in Class 31 is sensible since fertilised eggs are intended to hatch into live animals.
Animal bedding is in Class 31 because most animal bedding is based on an agricultural or forestry product. Straw is often used for animal bedding and straw is an agricultural product properly classified in Class 31.Generally, non-alcoholic beverages are in Class 32 except for tea, coffee, milk and chocolate based drinks that are in Class 29 or 30 depending on the dominant ingredient in the drink. Also, even though beer has alcohol content, it is classified in Class 32 with non-alcoholic beverages. It is in Class 32 since it is often consumed as an alternative to the other soft drinks that are in this class. Generally, beer has lower alcohol content than most beverages in Class 33, the class for alcoholic beverages, but it must be remembered that the classification of beer in Class 32 is not based on its low alcohol content. Rather, the classification of beer in this class is based on its characterization as a soft drink alternative.All alcoholic beverages are in Class 33 except beers that are in Class 32. Pre-mixed alcoholic beverages are in Class 33. However, non-alcoholic mixers, such as, ginger ale and soda water, that are used together with alcoholic beverages are in Class 32.Not only are tobacco and tobacco-based products in Class 34, but items used by smokers are in this class. Because of this specialized use, items that could be classified in other classes are in Class 34 because of their use by smokers. Examples of this are matches and lighters for smokers. Both of these could be classified in Class 13 because they are incendiary in nature. However, because they are used primarily by smokers, they are in Class 34.
Note that ashtrays for smokers are in Class 34. Ashtrays could be considered a household container in Class 21 or could be classified in the classes of their material compositions. However, because they are considered primarily "smokers' articles", they are properly included in Class 34 based on the Class Heading for Class 34.Class 35 services are those that directly assist in the operation or management of the commercial enterprise of another entity. They help other businesses to function in a business-like manner. Simply because an enterprise conducts business does not classify the activity of that enterprise in Class 35. If that were the case, all businesses, regardless of their specific activities, would be classified in Class 35. There are services that may further the activities of a business but do not relate directly to the operation or management of a commercial enterprise. These services would be in other services classes. Some examples are various financial and insurance services in Class 36, most telecommunication services in Class 38, training services in Class 41, guarding and other physical security services in Class 45, etc.This class includes activities relating to finance, real estate transactions and insurance. If a service affects the movement of money, investments in the form of money, insurance, or real estate, the service is classified in Class 36. Most brokerage services are in Class 36 because a broker is a financial liaison between two entities that have goods or services to exchange for monetary value. The only exceptions are freight brokerage and transport brokerage which are in Class 39 because this service involves setting up freight transportation services and such services are in Class 39.
The Alphabetical List includes entries for appraisal, valuation and evaluation services in Class 36 when they are done for financial or monetary purposes. The purpose of these services in Class 36 is to determine the value of a particular item for its owner. The owner may use that valuation as a basis for insurance coverage or as a guideline for the sale or purchase of such goods.
There are also appraisal, valuation and/or evaluation services in classes other than Class 36. For example, "business appraisal" services are not included in Class 36. As would be expected, these services are in Class 35 since they clearly and uniquely provide "help in the management of the business affairs or commercial functions of an industrial or commercial enterprise". The information obtained through a business appraisal may not have an immediate financial or monetary purpose. It may be to evaluate business efficiency or customer service. While improvement in these areas as a result of the appraisal may result in an increase in profit for the business, the immediate purpose of the appraisal may not be primarily for that financial or monetary outcome.
Also, appraisal, valuation or evaluation services that are to assess the quality of the item or activity being examined are not in Class 36. These quality evaluation services are in Class 42 since they often involve the type of testing, analysis and research activities that are included in Class 42.This class includes activities involving the physical construction of buildings or ships and the repair or installation of virtually all types of goods. Class 37 also includes maintenance services and cleaning services. Services in Class 37 restore an item to a previous condition or improve an existing item. The distinction between Classes 37 and 40 (treatment of materials) should be noted. Services in Class 40 involve the transformation of an item, a change in its essential properties (compare vehicle polishing in Class 37 with chromium plating in Class 40). Services in Class 40 also involve the manufacturing activity of creating a new item from separate parts and components (for the account of another person) but they do not include the construction of buildings, ships or other major structures.Services in Class 38 involve providing the means by which one party can communicate with another. This includes using computers that communicate with each other or a computer or other electronic system that provides communication to a human being, such as a television or radio. Services in Class 38 provide the means to communicate, not the content or subject matter that may be contained in the communication activity. However, simply because a service is conducted using telecommunication contact does not mean that the service is classified in Class 38. For example, banking services are in Class 36 even if the banking activity is done online using a computer terminal.Transport of anything or any person by any manner or means is classified in Class 39. From air transport to distribution of electricity, any service that has movement as its primary function is classified in this class. This is true even if the purpose of the transport is not simply travel. Thus, ambulance transport, armored-car transport and transport for rescue operations are in Class 39, rather than in the class of the ultimate purpose of the transport.
This class also includes packaging of goods for the purpose of transport or storage. Storage of goods whether those goods are in transit or remain in the same location in which they are stored for future retrieval by the owner of the goods is in Class 39. Arrangement of travel itself is in Class 39. Thus, while most brokerage services are in Class 36, freight and transport brokerage is in Class 39 because it is the arrangement of transportation of goods. Also, the services of a travel agency that involves the arrangement of travel is in Class 39 while other services provided by a travel agency are in other services classes, such as issuance of travellers' checks in Class 36 and making arrangements for lodging or meals while travelling are in Class 43.The treatment of materials or the transformation of the essential properties of an object renders those materials or that object quantitatively or qualitatively different than they were before the treatment or transformation. The transformation of an assemblage of leather, thread, rubber, metal and, perhaps, plastic into a shoe is a treatment of those materials to the extent that the final product is different from any one of its components. It should be noted, however, that for such transformation to be considered a service, it must be performed for the account of others. Similarly, the tanning of leather makes the final product so different from the original material, namely, raw leather, that it may be considered an entirely new product. It should be noted that activities such as cleaning, maintenance or repair of an item do not result in a new product. Rather, they return a product to its original condition or augment the original condition of a product without changing its essential nature. These cleaning, maintenance and repair services are in Class 37.Education activities in Class 41 include providing small seminars or symposia to full courses of degree studies at universities. Services that are integral to education but do not include teaching activities are also classified in Class 41. Such services include the publication of books or texts (other than publication of publicity texts that are classified in Class 35) and lending library services. Education services in Class 41 involve the more formal or traditional forms of education, such as classes, seminars, workshops or degree programs, as well as other forms of education or training, such as, gymnastic courses, practical training and the training of animals.
It should be noted that although all information educates the recipient to some extent, information services are not considered educational services. Information services are classified according to the subject matter of the information, therefore they can be in any of the eleven service classes. Of course, if an information service refers to educational matters, it should be classified in Class 41.
Class 41 further includes the provision of sporting and cultural activities and the facilities for the realization or housing of those activities. It also includes services that entertain or amuse people, such as, organizing beauty contests and gaming, as well as entertainment-related services like the rental of video tapes and planning of parties. Services that are tangential to sporting and cultural activities may not be in Class 41. An example of such a service is business management of performing artists which is in Class 35.Class 42 includes providing the services concerning theoretical aspects of science and technology. It includes research and design in most areas that have a physical or tangible basis in the world (except for garden design in Class 44). Thus, biological and geological research is in Class 42 while business research is in Class 35. Analysis and development planning in such physical or tangible fields is also in Class 42.Class 43 includes providing restaurant services. Similar services, such as, catering services, cafeterias and snack bars or fast-food outlets are also in Class 43. In general, Class 43 services are those that prepare food for immediate consumption by the consumer.
Class 43 is also the class for hotel services and services that are similar to hotels in that they provide temporary accommodation. The concern in this area is differentiating between providing those accommodations that are temporary, even though it may encompass a significant period of time, and those that are permanent and should be in Class 36 as a real estate activity. Thus, retirement homes are classified in Class 43. While the stay in a retirement home may be for an extended period of time, it is ultimately temporary. It is not the same activity as renting an apartment or buying a home that is intended to be one's residence for an indefinite period of time. It should also be noted that hotels can provide services that belong to classes other than Class 43. Thus, providing swimming pool facilities at a hotel is in Class 41 and the cleaning of hotel rooms is in Class 37.Class 44 encompasses providing physical care for both human beings and animals. That care may be medical or cosmetic in nature. Once animal care is classified in this class, it is a logical progression to include services related to agriculture, horticulture and forestry activities.
However, it should be noted that this class is for activities that provide actual care and not the theoretical research or analysis that is associated with that care. Those services are classified in Class 42 with the other scientific and technological services.The personal and social services that are included in Class 45 are quite specific. Some examples are marriage agencies, horoscope casting and funerals.
Legal services are often rendered by attorneys but this is not a requirement for the classification of a legal service in Class 45. Activities that impact on the lawful functioning of society are classified in Class 45 even if provided by non-attorneys. While activities such as adoption agency services, arbitration and mediation services and registration of domain names protect the legal rights of individuals or corporations, they are not necessarily rendered by attorneys. However, they are classified in Class 45 because of the legal content of the activity.
Security services are an outgrowth of the two prior areas of activity in Class 45. Such services may be provided to individuals or corporations and may be provided for legal protection or bodily protection. Generally, services relating to guarding or safety are in Class 45.
The language in the Class Heading of "personal and social services rendered by others to meet the needs of individuals" is not intended to serve as a catch-all phrase that justifies services to be classified in Class 45 so long as they are related to needs of individuals. Services that are provided to individuals that should clearly be classified in another class should not be placed in Class 45 simply because the activity is performed to benefit an individual in the course of his or her private life. Thus, banking services are always classified in Class 36 regardless of whether the service is offered on a large-scale commercial level or on a small, personal level to meet the needs of an individual.