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 2015, took effect on January 1, 2015. The US Patent and Trademark Office (USPTO) has published a chart summarizing noteworthy changes to this international trademark classification system and their effect on the USPTO's ID Manual, classification policy and examination practice.

Nice Classification System Updated, Impacting USPTO Trademark Identification and Classification

by Practical Law Intellectual Property & Technology
Published on 02 Jan 2015 • USA (National/Federal)
The Nice Classification, Tenth Edition, version 2015, took effect on January 1, 2015. The US Patent and Trademark Office (USPTO) has published a chart summarizing noteworthy changes to this international trademark classification system and their effect on the USPTO's ID Manual, classification policy and examination practice.
The 2015 version of the Tenth Edition of the Nice Classification became effective on January 1, 2015. The Nice Classification is an international classification of goods and services applied to the registration of trademarks and service marks. It was established by the Nice Agreement in 1957. The USPTO has published a chart that highlights noteworthy classification changes in this latest version and the impact of those changes on USPTO identification and classification policy and examination practice.
These changes include updates to the following noteworthy categories of goods and services:
  • Electronic Cigarettes. Goods involving liquid nicotine solutions for use in electronic cigarettes are now classified in Class 34 because smokers' articles are included in this class.
  • 3D Printers. These goods are now classified in Class 07, which includes machines, because 3D printers function as manufacturing machines. They were previously included with standard printers and copiers in Class 09, which covers apparatuses and instruments that reproduce images.
  • Compression Garments. Compression garments were previously classified in different classes depending on the specific purpose of the clothing. They are now all included in Class 10 because their general supportive and therapeutic function is analogous to supportive bandages, which are in Class 10 along with medical instruments and related articles. Applicants no longer need to indicate the specific purpose of the compression clothing.
  • Custom Tailoring. Tailoring provided to the order and specification of others, or custom tailoring services, are classified in Class 40, the appropriate class for services involving the transformation of objects rather than mere repair. Repair of clothing is classified as Class 37 which contains "repair" in its heading. Identifications for tailoring must indicate that the services are custom or are provided to the order and specification of others in order to distinguish the services in Class 40 from those in Class 37.