Nice Classification System Updated, Impacting USPTO Trademark Identification and Classification | Practical Law

Nice Classification System Updated, Impacting USPTO Trademark Identification and Classification | Practical Law

The Nice Classification, Tenth Edition, version 2014, became effective on January 1, 2014. The US Patent and Trademark Office (USPTO) has published a summary of noteworthy changes to this international trademark classification system and their affect on the Identification of the USPTO's Goods Manual (ID Manual) and examination practice.

Nice Classification System Updated, Impacting USPTO Trademark Identification and Classification

by Practical Law Intellectual Property & Technology
Published on 02 Jan 2014 • USA (National/Federal)
The Nice Classification, Tenth Edition, version 2014, became effective on January 1, 2014. The US Patent and Trademark Office (USPTO) has published a summary of noteworthy changes to this international trademark classification system and their affect on the Identification of the USPTO's Goods Manual (ID Manual) and examination practice.
The Nice Classification, established by the Nice Agreement in 1957, is an international classification of goods and services applied for the registration of trademarks and service marks. The 2014 version of the Tenth Edition of the Nice Classification became effective on January 1, 2014. The USPTO has published a chart that highlights certain classification changes in this latest version and the impact of those changes on USPTO identification and classification policy and examination practice. Noteworthy changes to the categories of goods and services include:
  • Electronic data storage. Services involving electronic data storage are now classified as Class 42 under the 2014 version of the Tenth Edition. The USPTO Identification of Goods Manual (ID Manual) entries that are affected by this change will contain information in the note field indicating the change.
  • Updating and maintenance of data in computer databases. Services involving these categories are now classified in Class 35.
  • Search engine optimization and website traffic optimization. These services are now classified in Class 35 because the primary function or purpose of these services is to promote, advertise or market the websites of others by improving these websites' visibility in search engine results.
  • Providing online non-downloadable videos. While services such as these are now classified in Class 41 regardless of the video's subject matter, USPTO policy still requires that the video's subject matter be specified.