|
This is a collection of guidance and tips pertaining to the examination of applications in the various classes. It is not exhaustive; rather, it is intended to serve as a helpful guide when an examining attorney is confronted with goods or services in an unfamiliar International Class. It is not intended to replace the TMEP or Exam Guides, but to act as a supplemental source of information.
The Guide provides a little information in a wide variety of areas, including classification theory, acceptable wording in identifications, statutory refusals specific to certain goods or services, and specimen issues. Examining attorneys are encouraged to browse, as there is a large amount of serendipitous information to be found.
The Guide is a living document, and will be updated on a regular basis. Please send your comments and suggestions to TM Class Guide Comments.
Read on! LIST OF INTERNATIONAL CLASSES
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 Regarding Class 1:
Most goods in Class 1 are industrial chemical products of a technical and specialized nature, so in most cases it is necessary to specify not only the common names of the goods (or concise descriptive wording) but also the use and/or the industry or field of use.
If the goods are used broadly in a wide variety of industries such that a field of use limitation does not accurately describe the applicant’s goods, the applicant may in the alternative identify the types of categories of chemicals or raw materials (e.g. unfinished plastic resins, catalysts, etc.) and state that they are “for widespread use in a variety of industries.” See In re Air Products and Chemicals, Inc., 192 USPQ 84 (TTAB 1976), recon. denied, 157 (TTAB 1976). [“catalysts” is considered overbroad in that the term encompasses a broad range of products that are used for a variety of catalytic and chemical processes].
Includesspecifically:
Ø Salt for preserving non-foodstuffs Ø Oil cement (putty); glazier’s putty Ø Wallpaper removing preparations Ø General use adhesives (including glues and pastes) and adhesives for use in manufacture: · Adhesive cement for hobbyists · Adhesives for use in the manufacture of [indicate, e.g., books, furniture, surgical bandages, wall coverings] · Adhesives for use in the [indicate] industry · Adhesives for applying [indicate articles, e.g., floor tiles, wall coverings] · Epoxy glue for general bonding and repair purposes · Glue for use in the [indicate] industry · NOTE that Class 5 includes: adhesives for medical or dental use; denture adhesives; adhesive for bandages for skin wounds; and medical adhesives for binding wounds · NOTE that Class 16 includes: Adhesives for stationery and household use, and for do-it-yourself purposes · NOTE that Class 17 includes:adhesive sealants (e.g., caulks); adhesive sealants and caulking compounds; adhesive sealants for general use; rubber sealants for caulking and adhesive purposes {these are all classified in Class 17 because of the thermal insulatory nature of a caulking compound or sealant}
Ø Chemically Treated Papers and Films: · Blueprint paper · Litmus paper · Photosensitive paper · Photosensitive paper for use in medical imagery · Sensitized camera [or “photographic” or “cinematographic”] film · Unexposed camera [or “photographic” or “cinematographic”] film · Chemically-treated non-medical test strips for [indicate purpose of test] · NOTE that Class 5 includes: medical diagnostic test strips for use in the field of [indicate condition being monitored]
Ø Diagnostic Preparations (only for research purposes): · Reagents for scientific, research and medical research uses; · Reagents for scientific or medical research use; · Diagnostic preparations [or reagents] for scientific or research use · NOTE that Class 5 includes all diagnostic preparations [or reagents] for clinical or medical laboratory use; medical and veterinary diagnostic reagents; and clinical medical reagents
Ø Automobile-Related Cleaning Preparations: · Detergent additive for use with motor oil; · Fuel injection cleaner chemical additive; · Radiator flush · Rust inhibitors for automobile cooling systems; radiator additives to prevent rust
Ø Filtering Materials (unprocessed materials for use as filtering media): · Ceramic particles for use as a filtering media in [indicate specific nature of filtering process or industry]. · Chemical preparations in the nature of filtering materials in [indicate specific nature of filtering process or industry]. · Mineral substances in the nature of filtering materials in [indicate specific nature of filtering process or industry]. · Unprocessed plastics in the nature of filtering materials in [indicate specific nature of filtering process or industry] · NOTE that Class 17 includes: Mineral wool for use in the manufacture of filter media
Ø Chemical-Based Fuel and Motor Oil Additives: · Chemical additives for fuel treatment · Chemical gasoline additives · Chemical motor oil additives · Detergent additive for use with motor oil
Ø Horticultural Materials: · Non-biocidal chemicals and fertilizers: Ø Agricultural lime Ø Fertilizers for [indicate agricultural, domestic or commercial] use Ø Plant growth regulators for [indicate agricultural, domestic or commercial] use Ø Plant food Ø Chemical preparations for the treatment of seeds Ø Soil conditioners for [indicate agricultural, domestic or commercial] use Ø NOTE that Class 5 includes: all biocidal chemicals, e.g., Acaricides/Algaecides/ Biopesticides/ Fumigants/ Herbicides/ Insecticides/ Miticides/ Pesticides/ Weed killers] for [indicate agricultural, domestic or commercial] use · Fertilizing growth media: Ø Compost Ø Humus Ø Loam Ø Manure Ø Peat Ø Potting soil Ø NOTE that Class 31 includes Non-fertilizing growth media such as Mulch, Peat moss, and Top soil
Ø Plastics and Artificial Resins: · Unprocessed artificial [or “acrylic” or “synthetic”] resins for use in the manufacture of [indicate] · Unprocessed artificial [or “acrylic” or “synthetic”] resins for use in the [indicate] industry {“Plastic molding compounds” may be substituted for “unprocessed artificial resins”} · Unprocessed plastics {i.e., as a raw material} in the form of resins, compounds, or powders for use in the further manufacture of [general industrial products]{Note that the use or field of use should be indicated in order to facilitate §2(d) analysis as well as a general understanding of just what these industrial goods are} · Polymer and copolymer beads for use in manufacturing · NOTE that Class 17 includes semi-processed resin products, i.e., Resins in bars, blocks, pellets, rods, sheets and tubes for general industrial use; Resins in extruded form for general industrial use; Resin sheeting [or indicate other processed form] for use in the manufacture of [indicate]
Ø Waterproofing Preparations, i.e.,chemicals absorbed into the materials treated: · Waterproofing chemical compositions for [indicate the materials, e.g., fabrics, wood, masonry] · Waterproofing membranes in liquid chemical form for use in construction
Excludesspecifically:
Ø Chemical products for medical science (Class 5) Ø Fungicides, herbicides and preparations for destroying vermin (Class 5) Ø Raw natural resins (Class 2) Ø Semi-processed resins (Class 17) Ø Salt for preserving foodstuffs (Class 30) Ø Adhesives for stationery purposes (Class 16) Ø Adhesive caulks (Class 17) Ø Straw mulch (Class 31) Ø Liquid rubber; liquid latex (Class 17) Ø Personal defense sprays (Class 13)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
5 pharmaceuticals, insecticides, fungicides 17 rubber goods, semi-manufactured goods for use in further manufacture, caulks 35 business; retail stores 42 computer, scientific 44 medical, beauty, agriculture
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 2: Unprocessed NATURAL resins for use in further manufacture; natural resins for use in the manufacture of [indicate]; natural resins for use in the [indicate] industry; preparations coated on the materials, such as paints, lacquers, and polyurethane, and preparations for the preservation of wood against deterioration; waterproof coatings for use on [indicate the materials, e.g., wood, masonry]; wood preservatives
Class 3: Automobile cleaning preparations; carburetor and choke cleaning preparations;adhesives for cosmetic use; glue for attaching artificial fingernails and/or eyelashes; essential oils for use in the manufacture of [indicate]
Class4: PETROLEUM-BASED additives, e.g., non-chemical additives for fuel treatment, non-chemical motor oil additives, non-chemical gasoline additives.
Class 7: Filters for machines (or engines) [specify type of machine or industry]; [Oil/Gas/Air] filters for motors and engines
Class 9: Optical and electronics filters and filters for laboratory use and use with safety devices; camera filters; laboratory filters; optical filters; respiratory mask filters.
Class10: Filters for medical use or for medical devices; blood filters.
Class11: environmental air and water filters; air filters for [indicate use, e.g., air conditioners, domestic use, industrial installations]; water filtering units for [indicate domestic, commercial, industrial, aquarium] use.
Class 16: household/stationery adhesive tapes; adhesives for stationery or household purposes; adhesives [or “glue” or “paste”] for stationery or household purposes; miscellaneous paper filters and aquarium filters; paper filters; paper filters for coffee makers.
Class 22: Plastic sheet material in the nature of a tarp; wadding for filtering
Class 31: Non-fertilizing growth media; mulch; peat moss; top soil
Generic Terminology:
Obvious generic terms (such as chemical names or specific industries, etc.) can frequently be found in Class 1 marks, as well as model and grade designations and on occasion, military specification codes. These of course, must be disclaimed.
Indefinite Terminology:
catalysts--- specify type, use/industry/field of use
excipients---specify field of use (e.g., in the manufacture of pharmaceuticals)
surfactants ---specify field of use (e.g. for use with fertilizers or pesticides)
biochemicals---specify common name (e.g. polypeptides) and scientific or research use
Preferred constructions for identification of goods:
Registered Trademarks in Class 1:
FREON Reg. No. 952532 chemical refrigerants
TEFLON Reg. No. 1111147 chemical compounds for waterproofing textiles
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 1:
The identification must maintain distinction between a raw material in Class 1, and a semi-manufactured product in Class 17. The identification must maintain distinction between medical diagnostic reagents in Class 5, and reagents for research/laboratory purposes. The identification must maintain distinction between general-purpose adhesives, stationery adhesives in Class 16, and adhesive sealants in Class 17.
Issues Specific to Class 1 Examination:
Specimens: A photograph of a tanker truck or rail car with the mark on the tanker would generally be an acceptable specimen for bulk chemicals shipped in the tanker. See In re E.A. Miller & Sons Packing Co., Inc., 225 USPQ 592 (TTAB 1985).
Product information sheets, product data sheets, product specification sheets, technical data sheets and the like, all of which are commonly used in the marketing of industrial goods, such as chemicals, are not acceptable as display specimens (i.e., displays associated with the goods) unless there is evidence or sufficient explanation that the materials are used as point‑of‑sale display items, such as at a trade show. See ITT Rayonier Inc., 208 USPQ 86 (TTAB 1985); In re Ancha Electronics Inc., 1 USPQ2d 1318 (TTAB 1986); In re Drilco Industrial Inc., 15 USPQ2d 1671 (TTAB 1990).
Product information sheets or the like may, however, be acceptable as specimens if the nature of the goods makes normal affixation of the mark impracticable and the information sheet is directly associated with the goods or their sale (e.g., bulk chemicals in a tanker truck or railroad car). See Trademark Rule 2.56.
Instruction sheets packaged with swimming pool water test kits and with other kits are acceptable as specimens. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984).
Unusual or non-obvious goods in this class
Size for walls; wall size – solution used to seal or fill pores of wall surfaces and prepare surface for paint, paper or fabric (NOTE laundry sizing is in Class 3 and water treatment chemicals, namely sizing agents are in Class 1)
Wallpaper removing preparations (most other solvents are in Class 003)
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists
Explanatory Note Regarding Class 2:
Class 2 relates specifically to paints and other paint-like products used to coat, protect or decorate surfaces. This class includes industrial inks, toners, fabric dyes, and wood stains. Additionally, many additives for such products are found in this class, including pigments, binding agents for paints, and paint thinners.
Includesspecifically:
Ø Paints, varnishes and lacquers for industry, handicraft and arts; Ø Dyes for clothing and other fabric goods Ø Food-grade colorants for foodstuffs and beverages Ø Toners and toner cartridges, filled, for printers and photocopiers
Excludesspecifically:
Ø Unprocessed artificial resins, such as polystyrene (Class 1) Ø Laundry bluing (considered a cleaning preparation) (Class 3) Ø Cosmetic dyes, such as hair dye or henna (Class 3) Ø Arts and crafts paint kits (Class 16) Ø Face paint (Class 3) Ø Insulating paints, such as soundproofing paint (Class 17) Ø Wallpaper removing preparations (Class 1) Ø Glazier’s putty; oil cement (putty) (Class 1)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
17 latex products, insulation, etc. 19 building products 35 retail stores 37 painting and maintenance services 40 printing services 42 retail and miscellaneous services- old versions of Nice Agreement
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: raw manufacturing materials related to paints, such as alcohol and wetting agents; artificial resins Class 3: paint remover Class 4: oils for use in the manufacture of paints Class 7: printing presses Class 9: inkjet and toner cartridges sold empty; printers; photocopiers Class 16: artist’s materials; painting kits; paint brushes; writing ink Class 28: paintball ammunition
Generic Terminology:
Obvious generic terms (such as “paint,” “sealant,” “finish,” etc.) can be found in Class 002 marks and must be disclaimed. Additionally, most common color names, finish textures (gloss, eggshell, etc.) and compositions (enamel, latex, polyurethane, etc.) are considered incapable as source identifiers for many of the goods in this class.
Descriptive Terminology:
Descriptive terms in this class include indicators of purpose (primer, top coat, stain blocker, etc.), fields of use (exterior, marine, ceiling, etc.) and types of surface for application (wood, metal, concrete, etc.).
Indefinite Terminology:
Coatings---must specify the nature (e.g., paint, epoxy, etc.), type (protective, decorative) and use/industry/field of use
Colorants---must specify type, use/industry/field of use
Decorative Coatings--- must specify the nature and use/industry/field of use
Dyes--- must specify the type and use/industry/field of use(hair dye is in Class 3)
Ink--- must specify the type and use/industry/field of use(writing inks are in Class 16)
Protective Coatings--- must specify the nature and use/industry/field of use
Common OG Queries/Bounces in Class 2:
“Inkjet cartridges” and “toner cartridges” are often misclassified in International Class 9; if sold full, they are properly classified in Class 2.
Certain oils which are used as coatings, such as tung oil and linseed oil, may be misclassified in Class 4 if the intended purpose is clearly that of a preservative coating. For example, “wood preserving oils in the nature of linseed oil” is properly classified in Class 2; however, “linseed oil for use as a lubricant” is properly classified in Class 4. BUT NOTE: “oil for use in the preservation of masonry” and “oil for the preservation of leather” are classified in Class 4).
Certain paints, such as watercolors and tempera paints, are sometimes misclassified in Class 16 within a list of artists’ materials. Unless part of a kit, such paints are properly classified in Class 2.
Issues specific to Class 2 Examination:
2(d) Issues------Generally speaking, goods such as paints, stains, varnishes, and other coatings are chemically similar and tend to originate from the same sources. On the other hand, inks and toners are somewhat specialized goods, so the evidentiary burden is correspondingly higher if one attempts to cite printing inks against house paints.
2(e)(1) Issues------As noted above, under Descriptive Terminology, colors, finish textures, and compositions are to be considered descriptive (and often generic) for examination purposes.
Most Common ID Structures Used in Class 2:
Because of the problem of classifying certain products such as resins, oils and inks, an effort should be made to clearly set out the salient features of the goods if not readily obvious. For example, “house paint” is acceptable without modification, as is “wood stain.”
However, for paints and coatings which are used in non-obvious ways, the preferred structure is: [Specify coating type, e.g., paint] for use in the manufacture of [indicate general type of goods].
Similarly: Colorants [or type of colorant, e.g., dyestuffs] for use in the manufacture of [indicate general type of goods].
Other preferred formats include:
Enamels for [indicate specific use or industry] Paint for use on [indicate the material, e.g., wood, metal, concrete] Coatings in the nature of [indicate specific type, e.g., automobile finishing]
Explanatory Note: MORDANTSWhat is a mordant? A mordant is a material used to aid in the fixation of stains and other colorants. When applied to a dyed product, the mordant chemically bonds with the dye to create a stable, insoluble compound which is difficult or impossible to simply wash off.
Unusual or non-obvious goods in this class Certain goods do not fall readily into any other International Class and have settled in Class 2. Among them are:
Natural resins for use in the manufacture of [indicate] (such as latex and rosin). Shellac; Shellac for use as a surface coating; Shellac for use in the manufacture of [indicate] (shellac is an animal-based product) Anticorrosive papers Glass sealers Anti-rust oils; Anti-rust greases (even though these sound like Class 4 goods, rust preventative function controls for classification purposes)
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
Explanatory Note Regarding Class 3:
Class 3 is a rather straightforward class. All items related to cleaning and polishing, cosmetics and personal hygiene (not medically related) are found here. Some items normally found in Class 3 can change classes when there is a specific use for the item other than for cosmetic or toiletry purposes. Petroleum jelly, for example, is in Class 3 normally, but can be found in Class 5 if specified for medical purposes.
The types of products included here are toiletries such cologne and depilatories; cosmetics such as rouge and face powder; household cleaning products such as carpet cleaners, dish detergents and laundry soap; false nails and false eyelashes; drain openers and denture cleaners.
Includesspecifically:
Ø Deodorants for personal use Ø Canned pressurized air for cleaning and dusting purposes Ø Dental bleaching gels Ø Joss sticks Ø Cloths impregnated with detergent for cleaning Ø Sanitary preparations being toiletries
Excludesspecifically:
Ø Chemical chimney cleaners (Class 1) Ø Degreasing preparations for use in manufacturing process (Class 1) Ø Deodorants for other than personal use (Class 5) Ø Sharpening stones and grindstones (Class 8)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
5 medicated lotions, medicated shampoos etc. 21 cosmetic utensils 35 retail stores 42 retail services or salons (prior editions of Nice Agreement) 44 salons, spas, hair styling
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: other raw manufacturing materials related to essential oils for use in manufacture and chemicals with cleaning properties related to industrial cleaners Class 8: nail care implements such as clippers and files related to nail care preparations Class 14: jewelry related to cosmetics with a “designer” type mark Class 18: handbags & luggage related to cosmetics with a “designer” type mark Class 25: clothing related to cosmetics with a
“designer” type mark
Generic Terminology: Obvious generic terms (such as soap, shampoo, cleaner, etc,) can frequently be found in Class 3 marks and must be disclaimed.
Descriptive Terminology: Ingredient names, colors, scents and textures (i.e. matte, gloss) are considered descriptive for cosmetics and toiletries. When appropriate, these terms are disclaimed. See In re Gyulay, 3 USPQ2d 1009 (CAFC 1987) (APPLE PIE held descriptive for potpourri because it described the smell of the goods)
Indefinite Terminology:
Cleaner---must specify the type, use/industry/field of use
Deodorants---must identify the use, and classify accordingly (generally, deodorants applied directly to people or animals are in Class 3, while deodorants for particular objects are in Class 5)
Fragrances---must specify whether it is for personal use, automobile use, or for scenting rooms (fragrances for use in manufacturing are in Class 1)
Lotions---must specify type, such as being skin, body or face lotion (medicated lotions are in Class 5)
Skin Care Preparations---must specify that they are non-medicated or list the particular items (medicated preparations are in Class 5)
Soap---must specify whether the soap is for personal use or other uses, such as laundry soap or dish soap (NOTE: all soaps are in Class 3, even if medicated; however, medicated and dandruff shampoos are in Class 5)
Toiletries---must specify as “non-medicated”
Cosmetic Bags---if sold with cosmetics they stay in Class 3, if sold empty they are in Class 18
Cosmetic Products----must specify the particular Class 3 products, as this language includes many goods in Class 21 (Note, however, that “cosmetics” is an acceptable identification)
Registered Trademarks in Class 3:
BODY WHIP Reg. No. 2956071 body cleansers
CARBORUNDUM Reg. No. 49394 abrasive cleaning preparation
CHAPSTICK Reg. No. 2874779 non-medicated lip balm
CLOROX Reg. No. 1453836 household cleanser preparation
SOFTSOAP Reg. No. 1457886 liquid hand soap
VASELINE Reg. No. 140345 petroleum jelly for cosmetic use
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 3:
“Deodorants” is frequently queried because “room deodorants” are in Class 5 and “personal deodorants” are in Class 3.
“Cosmetic products” and toiletry articles are too broad and could include items in Class 21.
Issues Specific to Class 3 Examination:
2(d) Issues:
When citing Class 3 goods against non-Class 3 goods it is important to show a relation between the goods. Skin cream has been held related to vitamins in In re Pharmavite Pharmaceuticals Corporation, 193 USPQ 511 (TTAB 1976), because the examining attorney showed that the applicant’s skin cream was enriched with vitamins.
Additionally, usually clothing and jewelry are not cited against cosmetics unless the marks involved are in the nature of “designer-type” marks. See In re Deutsche Calypsolgesellschaft MBH & Co., 220 USPQ 922 (TTAB 1983)---examining attorney reversed, In re Arthur Holland, Inc., 192 USPQ 494 (TTAB 1976) and cases cited therein----examining attorney affirmed.
When citing Class 3 goods against each other Class 3 goods, it is important to note, for example, that in many instances cosmetics have been held to be related to other Class 3 goods, such as aftershave lotion, cologne, and deodorant. Nonetheless, evidence demonstrating the relatedness of the goods is necessary as part of the record.
2 (e)(1) Issues:
As noted above, under Descriptive Terminology, ingredient names, colors, scents and textures are to be considered descriptive for examination purposes.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
Explanatory Note Regarding Class 4:
Class 4 is also a straightforward class. It contains oils, greases, fuels and illuminants. Oils and greases may be found in other classes too, when they have highly specialized functions, such as baby oil and bath oil in Class 3 and insulating oil for transformers in Class 17. However, those with general industrialapplications are found in Class 4.
Very few lubricants are found in classes other than Class 4. Again, only those with a very specific use (such as for medical use or personal lubricant in Class 5) will be classified elsewhere.
Virtually all fuels and non-electric illuminants (e.g., candles, lamp oils, patio torches) are in this class. This makes sense because fuels and illuminants are often based on oils and greases.
As petroleum, in either raw or refined form, is specifically in Class 4, most petroleum-based products are also in Class 4. Petroleum-based additives for automotive use and petroleum jelly when not for cosmetic or medical purposes are two examples of Class 4 petroleum products.
Includesspecifically:
Ø Electrical Energy Ø Oils such as crude oil, mineral oil, motor oil and vegetable oil for manufacturing Ø Fuels such as gasoline, kerosene, lighter fluid, paraffin, lamp oil and diesel fuel Ø Firewood, kindling, charcoal briquettes, and coal Ø Candles, tapers, candle wax, wicks for oil lamps Ø Petroleum jelly for industrial purposes and petroleum based fuel and motor oil additives
Excludesspecifically:
Ø Certain special oils and greases which are classified by the specific use of the item Ø Cleaning and cosmetic waxes (Class 3) Ø Ski wax, surfboard wax, wakeboard lubricant (Class 28) Ø Anti-rust greases; anti-rust oils (Class 2) Ø Chemical additives for fuel treatment (Class 1)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
1 chemicals 35 retail stores 37 oil extraction 42 science & technological services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 2: oils & greases for the protection of wood and metal; anti-rust greases; anti-rust oils; oil for the preservation of wood Class 3: cosmetic and essential oils; petroleum jelly if for cosmetic purposes; body oils; cleaning and cosmetic waxes; potpourri and incense Class 5: petroleum jelly if for medical purposes; room deodorants and air fresheners Class 12: vehicles Class 13: fire igniters Class 16: wax for stationery use; sealing wax Class 17: insulating oils Class 21: candlesticks and candleholders Class 20: miscellaneous items made of wax; wax figurines Class 28: wax for sporting purposes; ski wax; surfboard wax Class 29: vegetable oils for cooking
Generic Terminology:
Obvious generic terms (such as oil, fuel, grease, etc.) can frequently be found in Class 4 marks and must be disclaimed.
Descriptive Terminology:
Descriptive terms for petroleum-type products include those which indicate type (crude, sweet, petro), processing level (blend, synthetic, etc.) or purpose of use (energy, hydro, heavy duty, lube, etc.). Descriptive terms for illumination products such as lamps and candles include scents (strawberry, herbal, etc.), content (beeswax, soy, etc.) and intended area of use (home, porch, etc.).
Indefinite Terminology:
Engine Additives---must specify petroleum-based (chemical-based are in Class 1)
Fuel---must specify type, use/industry/field of use
Greases---must specify specific use or indicate “general purpose greases” or “industrial greases”
Oils---must specify type, use/industry/field of use
Lubricants---must specify type, use/industry/field of use; may also indicate “all purpose”
Registered Trademarks in Class 4:
TIKI Reg. No. 2113834 outdoor torches
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 4:
Incense is in Class 3
Fragrances for the home are in Class 3
Potpourri is in Class 3
Chemical-based automotive or engine additives are in Class 1
Issues Specific to Class 4 Examination:
2(d) issues
While Class 4 contains mostly industrial and fuel products, candles are an often forgotten element of this class. Candles are closely related goods to room fragrances, potpourri and incense in Class 3 and air fresheners and room deodorants in Class 5. Neither Class 3 nor 5 is in the coordinated class field for Class 4. Therefore, when searching marks that identify use on candles, Classes 3 and 5 should be included in any search limited to coordinated class.
Explanatory Note: DUST ABSORBING, WETTING AND BINDING COMPOSITIONSWhat are “dust absorbing, wetting and binding compositions?” The important word in this clause is “dust.” These are goods which are used to settle and/or control dust in a variety of settings. Mists of oil or asphalt are often sprayed on surfaces (such as roads) to keep dust down. Similar non-toxic compositions (such as paraffin or mineral oils) are still used on rural roads, construction sites, and other industrial areas to stabilize earthen surfaces and to reduce airborne particulate matter. Dust wetting compositions, which are used to keep dust down, should not be confused with “wetting agents,” in Class 1, which are in the nature of surfactants, used to aid water penetration.
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
Explanatory Note Regarding Class 5
Class 5 includes pharmaceuticals and other preparations for medical purposes. The majority of items in Class 5 fall within the heading “pharmaceutical, veterinary and sanitary preparations.”
If the item serves a medical purpose or features medicine, vitamins, nutritional supplements, then it belongs in Class 5; however, Class 5 does not include medical apparatus and devices, which belong in Class 10. Moreover, if an item serves a primarily cosmetic purpose, it belongs in Class 3. For example, anti-wrinkle creams, after sun creams and exfoliant creams go in Class 3, whereas antibiotic creams, anti-itch creams, hydrocortisone creams and medicated skin creams go in Class 5.
Class 5 goods include pharmaceutical and veterinary preparations in any form, such as aspirin, vitamins, nutritionally fortified beverages, hormones or veterinary vaccines; sanitary preparations which sterilize or disinfect; sanitary napkins; household deodorizers and air fresheners; dietetic foods which serve a specific medical condition; baby food; items for dressing wounds such as adhesive bandages or gauze; preparations used for dentistry or dental technical purposes; preparations for destroying vermin, such as rat poison and herbicides and fungicides.
Unless the identification of goods states otherwise, the presumption is that vitamins, medications and supplements are “for humans.”
Includesspecifically:
Ø Sanitary preparations for personal hygiene, other than toiletries Ø Deodorants other than for personal use Ø Cigarettes without tobacco, for medical purposes Ø Antibacterial substances (except soaps) and Antimicrobial preparations Ø Meal replacement bars, drinks, powders and shakes
Excludesspecifically:
Ø Sanitary preparations being toiletries (Class 3) Ø Deodorants for personal use (Class 3) Ø Supportive bandages (Class 10) Ø Diagnostic preparations not for medical use (Class 1) Ø Soap (all soaps are in Class 3) Ø Toothpaste (Class 3) Ø Toothbrushes (Class 21) Ø Dental floss (Class 21)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
1 diagnostic preparations, agricultural chemicals, fertilizer 3 toiletries, cosmetics, cleaning preparations 10 medical devices, apparatus and instruments 35 retail stores 42 retail store, medical or spa services (earlier editions of Nice agreement) 44 medical or spa services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 21: toothbrushes and dental floss Class 29: foods and beverages Class 30: foods and beverages Class 31: foods Class 32: beverages
Generic Terminology:
Obvious generic terms (such as pharmaceuticals, vitamins, nutraceuticals, disinfectant, deodorizer, etc,) may be found in Class 5 marks and must be disclaimed.
Descriptive Terminology:
Ingredient names, colors, scents and taste are considered descriptive for pharmaceuticals. When appropriate, these terms are disclaimed. See In re Gyulay, 3 USPQ2d 1009 (CAFC 1987) (APPLE PIE held descriptive for potpourri because it described the smell of the goods). Pharmaceutical names may include abbreviations indicating dosages or dispensing instructions (e.g., AC – before meals, PC – after meals, IM – intramuscularly, PO – by mouth, GT – drop). Common abbreviations for the form in which the substance is sold (e.g., “Cap” for capsule, “Tab” for tablet, “OTC” for over the counter) are also descriptive.
Indefinite Terminology:
Pharmaceutical preparations --- must specify the condition or disease to be treated, e.g., pharmaceutical preparations for treating heart disease
Veterinary pharmaceutical preparations--- must specify the condition or disease to be treated and the class of animal (e.g., domestic pets, livestock)
Adhesives --- must specify a medical or dental purpose to go in Class 5 (Industrialadhesives are in Class 1; Cosmetic adhesives are in Class 3; Adhesives for household or stationeryare in Class 16)
Bandages --- must specify type (if compression, elastic or orthopedic support, the goods are in Class 10)
Contraceptives -- must specify type, e.g., contraceptive foam, contraceptive sponges, oral contraceptives (NOTE: contraceptive apparatus, such as diaphragms and condoms, go in Class 10)
Deodorants/Deodorizers --- must specify type or purpose (cleaner/deodorizers, deodorizers for pets and personal deodorants go in Class 3; household deodorizers, deodorizers for automobiles, household pet litter boxes, carpets, and shoes, and deodorants for clothing and textiles go in Class 5)
Diagnostic Preparations, Agents, Reagents --- must specify for medical, clinical, veterinary use (otherwise if for scientific or research or “non-medical” purposes, goods are in Class 1)
Foods --- must specify medical purpose or condition, e.g., food for diabetics, food for medically restricted diets, baby food, herbal tea for medicinal purposes
Incontinence Products --- these are products worn on the body, e.g., incontinence pads, incontinence garments (incontinence sheets and bed pads are not worn on the body and go in Class 10)
Lotions and Shampoos --- must specify that they are medicated or serve a medical purpose, e.g., medicated shampoo, medicated lotions, dandruff shampoo (if no medical purpose stated, goods are presumed to be non-medicated and belong in Class 3); pet shampoos are in Class 3, unless they are medicated or serve a veterinary purpose (e.g. flea and tick repellant)
Oxygen --- must specify for medical use or purposes (otherwise in Class 1)
Soap --- ALL SOAPS BELONG IN CLASS 3 (even medicated soaps).
Washes --- Although soaps belong in Class 3, washes may go in Class 5; must indicate that they are medicated, serve a medical purpose or are disinfectants, e.g., medicated hand wash, eye washes, antimicrobial body wash
Registered Trademarks in Class 5:
BOTOX Reg. No. 2510675 pharmaceutical preparations for the treatment of wrinkles
VASELINE Reg. No. 0140345 petroleum jelly (for medical purposes)
BAND-AIDS Reg. No. 0194123 protective surgical dressing in the form of a bandage
ADRENALIN Reg. No. 0053934 hemostatic, astringent, blood-pressure raising and stimulating preparations for medicinal or surgical purposes (NOTE: the trademark for the pharmaceutical preparation does not have an ‘e’ at the end – the generic term for the natural hormone has an ‘e’ (adrenaline).
CHAP STICK Reg. No. 2904928 medicated skin protectant and moisturizer, namely, lip balm
RITALIN Reg. No. 517928 Pharmaceutical stimulant
Q-TIPS Reg. No. 591736 cotton swabs
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 5:
“Deodorants” is frequently queried because “room deodorants” are in Class 5 and “personal deodorants” are in Class 3.
“Pharmaceutical preparations,” “pharmaceutical substances,” “veterinary substances,” “chemical preparations” and “gynecological preparations”are often queried because even if they specify “medical or therapeutic purposes,” they must still specify the condition or disease treated.
“Biological and surgical implants comprising living tissue” are in Class 5; however, if made of synthetic or artificial materials, implants are in Class 10.
“Gynecological preparations” are themselves indefinite as they do not specify conditions or disorders the goods are intended to treat. Similarly, preparations that merely identify a means of administration, e.g. “oral preparations,” “transdermal preparations,” are also indefinite. Conditions or disorders must be included, e.g. “oral contraceptive preparations,” “transdermal smoking cessation preparations,” etc.
Issues Specific to Class 5 Examination:
2(d) Issues:
The “doctrine of greater care” may apply in a case involving pharmaceuticals vs. pharmaceuticals, i.e., a more conservative approach in determining a likelihood of confusion because of the harmful consequences of taking the wrong medicine. A greater disparity between the marks and/or the goods than would normally be expected may be required to avoid a Section 2(d) refusal. See Glenwood Laboratories, Inc. v. American Home Products Corp., 173 USPQ 19 (CCPA 1972); American Home Products Corp. v. USV Pharmaceutical Corp., 190 USPQ 357 (TTAB 1976); Schering Corp. v. Alza Corp., 207 USPQ 504 (TTAB 1980); In re Star Pharmaceuticals, Inc., 221 USPQ 84 (TTAB 1984); J. Thomas McCarthy, MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 23:32 (4th ed. 2006); 64 TRADEMARK REPORTER 26. (NOTE: This is not a “per se rule.” In many cases, a difference in the type of pharmaceutical or the medical field of use will be sufficient to avoid a Section 2(d) refusal.)
However, in certain circumstances, the “sophisticated purchaser” argument applies with respect to Class 5 goods, and there will be no likelihood of confusion. See Warner-Hudnut, Inc. v. Wander Co., 126 USPQ 411 (CCPA 1960) (noting that pharmacists and doctors are “highly intelligent and discriminating”); J. Thomas McCarthy, MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 23:102 (4th ed. 2006).
A likelihood of confusion between Class 5 goods and Class 3 goods is not unusual. Courts have found that various pharmaceutical products are related to toiletries and cosmetics. See Sterling Drug Inc. v. Sebring, 185 USPQ 649 (CCPA 1975) (concluding that it is reasonable to assume that pharmaceuticals and cosmetics and/or fragrances originate from a common source); Faberge, Incorporated v. Haw Par Brothers International Limited, 218 USPQ 861 (TTAB 1983) (determining that the channels of trade for fragrances, toiletries, cosmetics and over-the-counter drugs are the same); In re Pharmavite Pharmaceuticals Corporation, 193 USPQ 511 (TTAB 1976) (finding skin cream and vitamins related because of evidence that skin creams are commonly enriched with vitamins). However, when citing Class 5 goods against Class 3 goods, evidence of a relationship between the goods is helpful. See In re Pharmavite Pharmaceuticals Corporation, supra.
2(e)(1) Issues:
As noted in the Descriptive Terminology section above, ingredient names, colors, scents and textures are to be considered descriptive for examination purposes.
2(e)(5) Issues:
The TTAB affirmed a refusal for an “orange flavor” mark for use in connection with “pharmaceuticals for human use, namely, antidepressants in quick-dissolving tablets and pills.” In re N.V. Organon, 79 U.S.P.Q. 2d 1639 (TTAB 2006). The board found that orange flavor serves a utilitarian function by masking the bitter taste of the active ingredients in the pills, and that granting the applicant a monopoly on orange flavor would hinder competition in the pharmaceutical world.
1, 2 and 45 Issues:
General Failure to Function
The TTAB affirmed a refusal for an “orange flavor” mark for use in connection with “pharmaceuticals for human use, namely, antidepressants in quick-dissolving tablets and pills.” In re N.V. Organon, 79 USPQ2d 1639 (TTAB 2006). The board concluded that orange flavor does not function as a source identifier (in addition to finding the mark functional). The board found that flavor (like color) can never be inherently distinctive and that there is a “substantial burden” to establish acquired distinctiveness. In this case, the applicant was unable to overcome that burden.
Configuration/Trade Dress
Configuration/trade dress issues arise when the applicant applies for a mark consisting of the shape of a pill/tablet/capsule/caplet for some type of pharmaceutical preparation.
Pills with No Color or Markings
If the pill-shaped configuration makes no claim of color and has no other distinguishing markings, the mark may be functional under Section 2(e)(5). Moreover, the mark fails to function as an inherently distinctive source identifier under Sections 1, 2 and 45. In Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205, 210, 213-214, 54 USPQ2d 1065, 1068-1069 (2000), the Supreme Court held that any mark consisting of a product design or of features of a product design can never be inherently distinctive and is registrable on the Principal Register only upon a showing of acquired distinctiveness under 15 U.S.C. §1052(f). If the applicant is unable to show acquired distinctiveness but is using the mark in commerce, the applicant may amend to the Supplemental Register (assuming that there is no 2(e)(5) refusal).
The drawing for such marks should present a single three-dimensional view of the pill-shaped mark. In addition, a clear and concise description of the features claimed as the mark must be included. Certain features of the pill may still be unregistrable, such as the perforation line that enables a pill to be broken cleanly in half. Such features should be disclaimed apart from the design as a whole.
Colored Pills
If the pill-shaped mark features color(s) only with no words or letters, and does not claim shape as a feature of the mark, it is a special mark and should be examined by an attorney handling color marks.
Pills With Words, Letters or Designs
If the mark includes words, letters or a design in addition to the pill-shaped rendering, the drawing must depict the part of the mark being claimed in solid lines with dotted/broken lines used to show the mark’s position on the goods. In addition, a clear and concise description of the features claimed as the mark should be included.
Ornamentation of Pharmaceutical Tablets/Capsules
With respect to speckled pills, multi-colored capsules, etc., the mark will not be functional under Section 2(e)(5), but the applicant must establish acquired distinctiveness to overcome an ornamental refusal. See in re Star Pharmaceuticals, Inc., 225 USPQ 209 (TTAB 1985).
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Explanatory Note Regarding Class 6:
Class 6 includes metal hardware items, metal building items, and other miscellaneous metal items not otherwise classified. There are two exceptions: (1) metals that serve primarily a chemical function (e.g., bauxite, mercury, alkaline and alkaline-earth metals) are in Class 1; and (2) metal products used as paints or for artistic purposes are in Class 2. However, metals in powdered form that would not be used by painters, decorators, or for other artistic purposes are in Class 6.
This class includes most metals distributed in bulk form, such as pig iron and bronze ingots; empty metal containers, such as milk cans and compressed gas cylinders; and small pieces of metal hardware, such as metal nails, metal screws, metal washers, and metal bolts. Metal goods in Class 6 are generally non-precious.
Includesspecifically:
Ø Marine anchors Ø Anvils Ø Bicycle locks Ø Metal safes Ø Metal gates Ø Metal refractory construction materials Ø Metal cages for wild animals
Excludesspecifically:
Ø Mineral ores of an earthen nature, such as bauxite (Class 1) Ø Metals with a primary purpose as industrial chemicals, such as mercury, antimony, alkaline and alkaline-earth metals (Class 1) Ø Plastic screws (Class 20) Ø Metal hand tools (e.g., hammers, chisels, etc.) (Class 8) Ø Metal gears being parts of machines (Class 7) Ø Gold figurines (Class 14) Ø Stirrups of metal (Class 18) Ø Horseshoes of metal (Class 18) Ø Metal money clips (Class 16)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
11 plumbing fixtures, plumbing valves 17 non-metal hoses, plastic pipes 19 non-metal building materials 20 plastic hardware, non-metal statuary 35 retail stores 37 repair services 40 custom manufacturing 42 design services, retail stores (earlier editions of Nice Agreement)
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: metals used as chemicals or fuels, such as metal chlorides and radioactive metals Class 2: metal foils and powders used by artists Class 5: metal alloys for use in dentistry Class 14: precious metals Class 28: metal weights for exercise; fishing weights
Generic Terminology:
Class 6 is dependent on material composition, so in addition to the generic names of the particular products (e.g., fasteners, screws, cans), the component metals and/or alloys are often generic (e.g., bronze, pewter, nickel, etc.).
Descriptive Terminology:
Indefinite Terminology:
Building material –-- must specify type and composition
Fasteners ---must specify particular type and material composition. In appropriate instances, the goods listing “a full line of metal fasteners” may be accepted. It requires documentation that shows applicant has a comprehensive line of nuts, bolts, screws, etc.
Pipes --- while most metal pipes are in 6, those that are parts of “sanitary installations” are in Class 11. Also, only rigid, non-metal pipes (such as those of concrete or terra cotta) are in Class 19 – pipes of plastic or rubber are in Class 17
Signs --- only non-luminous, non-mechanical metal signs are in Class 6. Other signs can be classified in Classes 9, 19, or 20
Windows --- when building materials consist of both metal and non-metal materials (e.g., windows), classification is determined by structural parts. Aluminum-framed windows are in Class 6, whereas wood-framed windows are in Class 19, even though the larger surface areas of both are glass
Valves --- metal, manually operated valves are in Class 6; automatic control valves are in Class 9; and plastic, manually operated valves are in Class 20. Valves being machine parts are in Class 7. Engine valves for vehicles and machinery are in Class 7.
Registered Trademarks in Class 6:
DUMPSTER Reg. No. 785783 Metal containers for transporting materials
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 6:
Generally, it is necessary to specify that the goods are “of metal” to remain in Class 6; for example, “metal license plates” (plastic license plates are in Class 20). However, some goods, such as “containers,” which can be in Classes 9, 10, 11, 16, 17, 20, or 21, are classified either by their material composition or by their purpose, regardless of material composition.
“Valves” is frequently queried because only “manually operated metal valves” are in Class 6.
Most “storage racks” are in Class 20 with other furniture items, regardless of composition. It should also be noted that furniture is classified in Class 20 regardless of its material composition. Thus, metal furniture is classified in Class 20, not Class 6.
Issues Specific to Class 6 Examination:
2(d) Issues:
With respect to Class 6, there is sometimes a likelihood of confusion issue when the examiner has an application for a mark used for “metal building materials” in Class 6 and the same or similar mark is used for related “non-metal building materials” in Class 19. See In re H. H. Robertson Co., 197 USPQ 556 (TTAB 1977) (plastic structural shapes for use as panels v. metal fascia building panels).
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
Explanatory Note Regarding Class 7:
Class 7 is, essentially, the class for power-driven machines and their components. Machines and tools that use a source of power, other than human muscle to activate them, are found in Class 7. Generally the goods in Class 7 perform a job; they physically affect things around them in a way that does not involve heating, cooling, or purifying (Class 11), or by counting, measuring, or controlling (Class 9).
The types of products included here are power tools such as circular saws and electric sanders; machines such as conveyors and printing presses; engines for aircraft and boats and electric knives.
Regarding motors and engines, it is important to realize that all parts of motors and engines (camshafts, connecting rods, crankshafts, cylinders, cylinder heads, pistons, piston rings, sumps valves, etc.) and all parts essential to their working, (alternators, belts, carburetors, coolant pumps, distributors, exhaust manifolds, fans, filters, injectors, lubrication pumps, plugs, radiators, silencers, starters, etc.) are in Class 7, even though the actual motors or engines remain split between Class 12 (if used in land vehicles) and Class 7 (if used in devices other than land vehicles). However, mufflers for engines are always in Class 7.
A distinction is also made between machines in Class 7 that perform a task while moving (e.g., road sweepers, earth-moving machines, and bulldozers) and special-task vehicles in Class 12 whose primary purpose is transportation in (e.g., fork lift trucks, ambulances, ski lifts, and wheelchairs). The agricultural implements found in Class 7 perform machine functions, with or without moving over terrain. If the primary purpose of an agricultural implement is something other than transportation, that implement will be classified in Class 7.
While Class 7 is far-reaching, some highly specialized machines and machine tools are not classified in Class 7. For example, electric razors, hair trimmers and clippers, and manicure and pedicure implements are in Class 8. Other specialized items can be found in Class 10 (if used in the medical field), Class 9 (e.g., copying apparatus and machines), or Class 11 (e.g., air-purifying machines and ice-making machines). Conversely, drying machines that dry essentially without heat or with very little reliance on heat to accomplish the drying process (e.g., mangles), are in Class 7.
It is important to note that even though a tool may be identified as a “hand-held tool,” it is still in Class 7 if it is power operated. Only tools that are hand operated are in Class 8.
Includesspecifically:
Ø Self propelled street cleaning machines Ø Drying machines which dry without heat Ø Parts of motors and engines (OF ALL KINDS) Ø Electric cleaning machines and apparatus Ø Power-operated hand tools Ø Vacuum cleaner bags Ø Racket stringing machines Ø Bicycle assembly machines
Excludesspecifically:
Ø Hand-operated hand tools (Class 8) Ø Motors and engines for land vehicles (Class 12) Ø Certain special machines and machine tools (various classes) Ø Automatic valves (Class 9)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
8 hand tools 11 heating, drying apparatus 12 vehicles 35 retail stores 37 building construction, repair, installation 40 materials treatment 42 technological research & design
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: filtering materials Class 2: printing inks Class 6: hardware such as manually operated valves; metal products Class 9: automatic control valves, computer controls, filters Class 11: filters Class 16: assorted printing goods Class 17: filtering materials, non-metal hoses & fittings Class 20: plastic valves Class 24: textile printer’s blankets
Generic Terminology:
Obvious generic terms (such as machine, tool, couplings) can frequently be found in Class 7 marks and must be disclaimed.
Descriptive Terminology:
Marks in this class frequently incorporate terms describing physical features of the product (e.g., air, diamond, electric, fluid, hydraulic, Class {Internal Combustion}, etc.) or describing the output of the product (e.g., hone, jet, lift, blaster, servo, power, etc.). Other common descriptors denote fields of use (e.g., industrial, environmental, AG {agricultural}, etc.). Additionally, there are descriptive terms commonly used to refer to product lines (e.g., system, series, controls, etc.).
Indefinite Terminology:
Accessories---must specify what the accessories are
Components---must specify what the components are
Fittings---must specify the type or kind of fitting, e.g., metal machine fittings
Devices---must specify the device or offer what the device is in the nature of
Cutters---must specify type or kind of cutter, e.g., machine knives
Drills---must specify that the drill is power operated
Drill bits---must specify that the drill bits are for power drills
Machine---if there is not a specific name for the machine then you must specify the purpose of the machine, i.e., what the machine does or what is it used for
Registered Trademarks in Class 7:
AEROJET Reg. No. 426781 thrust motors
CAT Reg. No. 0564272 machinery for moving earth
CATERPILLAR Reg. No. 345499 tractors adapted for farming operations
MONOTYPE Reg. No. 56963 type casting and composing machines
WEED EATER Reg. No. 977700 weed and grass cutting machinery
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 7:
The most common OG Query regarding Class 7 is that the goods should be classified in Class 8 or 9, but have been put in Class 7 in error.
Issues Specific to Class 7 Examination:
Class 7 has no specific issues that are particular to the class. There is nothing of note outside the general scope of applicable trademark principles specific to Class 7.
Hand tools and implements (hand-operated); cutlery; side arms; razors
Explanatory Note Regarding Class 8:
Class 8 includes mainly hand-operated implements and tools for general use, cutlery, and electrically powered razors, hair trimmers, and manicure implements. Remember that the tools in Class 8 are not all those that are “hand-held,” just those that are “hand-operated.” Most power tools are hand-held, but are in Class 7 because they are not hand-operated. An easier way to think of this may be that the tools in Class 7 are “electrically powered” and those in Class 8 are “hand-powered.” The exception to this general idea is “electric razors” which are in Class 8 not because they are hand-powered, but rather because they are kept with their closely related non-electric counterparts, as specifically listed in the Class Heading promulgated by the Nice Agreement.
The side arms included in Class 8 (i.e., swords, knives, harpoons, and bayonets) are in this class, rather than Class 13, because they are non-explosive weapons.
Certain instruments dedicated to the medical field, such as scalpels and certain surgical instruments, are in Class 10. However, apparatus for tattooing, which might mistakenly be thought of as a type of medical apparatus, is in Class 8.
Finally, “nutcrackers,” whether made of precious metal or not, are now classified in Class 8 because of their function as a hand tool.
Includesspecifically:
Ø cutlery of precious metals Ø electric razors and clippers Ø machetes Ø garden spades Ø hammers Ø nutcrackers
Excludesspecifically:
Ø machine tools and implements driven by a motor (Class 7) Ø surgical knives and scalpels (Class 10) Ø envelope openers and paper knives (Class 16) Ø fencing weapons (Class 28)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
7 power tools 21 household and kitchen utensils 35 retail stores 37 tool rental; repair services 40 custom manufacturing 42 design services, retail stores (earlier editions of Nice Agreement) 45 personal services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 6: metal hardware and metal tool boxes Class 20: tool racks and non-metal tool boxes Class 28: hand tools specialized for a particular sport, such as divot repair tools and shoe spike wrenches
Generic Terminology:
Terms such as “tools” and “cutlery” should always be disclaimed. In many instances, goods in Class 8 consist of a feature of a larger product. This should be kept in mind when evaluating the generic nature of words such as “grip” and “fork.” Also, this is a class with many novel products which use generic wording to perform the intended action, such as “slicer,” “cutter,” “splitter,” and “bender.”
Descriptive Terminology:
Class 8 includes many products with specialty features which are described by the wording in the mark. Terms to keep in mind are “diamond,” “forged,” “chrome,” and “stainless.”
Indefinite Terminology:
Accessories --- must be specified
Cutters --- specify type or kind, e.g. utility knives
Devices --- must be specified
Drill bits --- specify whether for hand (Class 8) or power drills (Class 7)
Drills --- specify whether hand-operated (Class 8) or power-operated (Class 7)
Fittings --- must be specified
Hand tools --- must be specified
Kits --- specify the main elements of the kit; if the kit contains items in several classes, the identification must still list the Class 8 goods first in order for the kit to be in Class 8
Sprayers --- specify whether hand-operated sprayer and particular use (Class 8), power sprayers (Class 7), plumbing fixture and type, as in a shower (Class 11), or garden-hose or perfume sprayer (Class 21)
Registered Trademarks in Class 8:
ALLEN Reg. No 2442503 wrenches
CRESCENT Reg. No. 2873051 wrenches
SWISS ARMY Reg. No. 2806013 pocketknives
BUCK Reg. No. 1241821 hunting knives
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 8: As noted above, there is a distinct difference in meaning between “hand-held” and “hand operated.”Most tools must be specified as “hand operated” to remain in Class 8; the vast majority of hand tools have powered variations, so this terminology is important in determining classification.Certain devices, such as gauges, carpenter’s levels, tape measures, and the like are commonly thought of as hand tools, but are actually measuring devices in Class 9.
Generally, “handles” are not tools per se. Most replacement handles are classified according to material composition: Metal handles in Class 6, and non-metal handles in Class 20.
Issues Specific to Class 8 Examination:
There are no trademark issues peculiar to this class that would not ordinarily be found in the general examination of applications
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; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
Explanatory Note Regarding Class 9:
Class 9 is one of the largest classes. Class 9 goods typically relate to the high technology fields. On occasion, specialized technology items will be classified in their own class. For example, many items that would otherwise be in Class 9 often end up in Class 10 due to their specially dedicated medical purpose. The difference between items that are for scientific purposes as opposed to medical purposes can be explained as follows: Class 9 goods used for “scientific purposes” are used for purely research purposes or for non-medical purposes while Class 10 goods used for “medical purposes” are used to diagnose or treat a physical illness.
Class 9 also includes life-saving equipment and instruments. Included within this broad area is protective clothing. Class 9 protective clothing refers to clothing that is life preserving or protects from fire, accidents, irradiation or extreme bodily harm. It is not simply clothing that might include a safety feature, e.g., lab coats or hunting vests.
Includesspecifically:
Ø Apparatus and instruments for scientific research in laboratories Ø Apparatus and instruments for controlling ships, such as apparatus and instruments, for measuring and for transmitting orders Ø Certain electrothermic tools and apparatus, such as electric soldering irons, electric flat irons which, if they were not electric, would belong to Class 8 Ø Apparatus and devices which, if not electrical, would be listed in various classes, i.e., electrically heated clothing, cigar-lighters for automobiles Ø Protractors and graduated rulers Ø Punched card office machines Ø Cameras Ø Amusement apparatus adapted for use solely with an external display screen or monitor Ø Computer programs and software recorded on magnetic media or downloaded from a remote computer network Ø Musical sound and video recordings Ø Slot machines Ø Downloadable electronic publications Ø Electronic control devices Ø Robots for laboratory, personal or hobby use Ø Goggles, eyeglasses, contact lenses, and related accessories Ø Protective clothing and helmets Ø Life saving equipment such as jackets and rafts Ø Scuba diving tanks, regulators, masks, snorkels, gloves, suits and weight belts Ø Clothing especially made for use in laboratories Ø Measuring cups and spoons Ø Detectors such as smoke, radar and metal detectors Ø Vending machines Ø Fire extinguishing apparatus, e.g., fire sprinklers, fire trucks, etc. Ø Magnetically-encoded bank cards and telephone calling cards
Excludesspecifically:
Ø 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 (Class 7) Ø Robots for industrial use (Class 7) Ø Electric razors and clippers (Class 8) Ø Electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Class 11) Ø Clocks and watches and other chronometric instruments (Class 14) Ø Control clocks (Class 14) Ø Computer furniture (Class 20) Ø Electric toothbrushes and combs (Class 21) Ø Eyeglass cleaning cloths (Class 21) Ø Scuba diving fins and spear guns (Class 28) Ø Amusement machines, not for use with an external display screen or monitor (Class 28) Ø Kaleidoscopes (Class 28)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
10 Special purpose medical goods 16 Printed manuals 28 Games, sporting goods 35 Retail stores 38 Telecommunications services 41 Entertainment and educational services 42 Computer services 44 Medical services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: unexposed photographic film and sensitized photographic film Class 2: toner for photocopiers and printers Class 5: contact lens solutions Class 6: metal valves Class 7: machinery and machinery parts Class 11: heating and AC apparatus and valves Class 12: land vehicles and equipment Class 20: valves, computer furniture Class 21: kitchen utensils, eyeglass cleaning cloths Class 25: wet suits, sports clothing Classes 36/37/39/40/43/45: Services related to subject or function of software
Generic Terminology:
The most obvious generic terms in Class 9 are those which are computer-related (e.g., hardware, software, firmware, programs). Other generic terms refer to specific sub-genuses of software which may be divided by programming technique (e.g., kernel, bot, worm, applet) or function (e.g., CAM {computer-aided manufacturing}, productivity, etc.).
Potentially Descriptive Terminology:
Common descriptive terms in Class 9 are often used in relation with software. Such terms typically describe a particular interface feature of the program (e.g., e- and i- prefixes, interactive, multimedia, smart, virtual, user-friendly, real-time) or a particular function of the software (e.g., wizard, agent, share, track, portal). Software and other computing devices are sometime described with the intended user (e.g., manager, creator, executive) or field of use (e.g., enterprise, business, office, home).
Indefinite Terminology:
Data processing equipment—specify nature of equipment
Computer software/programs—specify function/purpose and field
Computer programs featuring multimedia—specify particular content
Computer firmware-- specify the function/purpose and field
Clock radios—rephrase as “radios incorporating clocks”(clocks incorporating radios are in Class 16)
Recordings—specify subject matter and nature
Rulers—specify “graduated, folding, or tape” rulers (ungraduated rulers are in Class 16)
Electronic controls—specify goods controlled or purpose
Computer workstation—specify major computer hardware components
Accessories/Components/Parts—specify type (“and replacement parts therefore” usually acceptable when added to an ID listing a specific item)
Devices/equipment/apparatus—may be acceptable if use is clearly stated; if not, specify common name or explain nature of item
Technology—specify nature of goods
System—specify components
Registered Trademarks in Class 9:
The following registered marks, some of which are not registered in Class 9, are often found in Class 9 identifications:
AQUA-LUNG Reg. No. 0672439 Scuba apparatus BOOKS ON TAPE Reg. No. 1554428 Audio recordings BLUE LASER Reg. No. 2935910 CDs, DVDs BLUETOOTH Reg. No. 2909356 Certification mark BUSS Reg. No. 1683625 Electric fuses and protectors CAROUSEL Reg. No. 726718 Photographic projectors & trays COMPACT FLASH Reg. No. 2515962 Computer memory cartridges DLP Reg. No. 2070572 Digital image controllers FIREWIRE Reg. No. 1947728 Computer peripherals JAVA Reg. No. 2178784 Computer programs KEVLAR Reg. No. 2434020 Protective clothing fiber LINUX Reg. No. 1916230 Computer operating system LISTSERV Reg. No. 2001258 Software for email lists MONOTYPE Reg. No. 56963 Typecasting machines, typefont PALM Reg. No. 2653036 PDAs and programs POWER POINT Reg. No. 1475795 Computer programs TELEX Reg. No. 905501 Data processing equipment UL Reg. No. 782589 Certification mark VIDEOFILE Reg. No. 836695 Document storage system WI-FI Reg. No. 2525795 Computer hardware WINDOWS Reg. No. 2513051 Computer programs XEROX Reg. No. 1000990 Photocopy machines ZIP Reg. No. 2117175 Disk drives
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 9:
Web-based software is indefinite. If the software is downloadable, it belongs in Class 9; if online and non-downloadable, then it belongs in Class 42.
Electronic publications must be downloadable or recorded on computer media to be in Class 9; otherwise, they could be a Class 41 service. In addition, electronic publications must always include the type of publication, as well as the subject matter of the publication.
“Clock radio” is indefinite. Radios incorporating clocks are in Class 9; clocks incorporating radios are in Class 14.
“Video game machines/consoles” is indefinite. The applicant must specify whether the goods are for use with external screens or monitors in Class 9 or hand-held in Class 28. It should also be noted, if goods are hand-held but for use with external screens or monitors then the proper classification is also Class 9.
“Magnetically encoded memory carriers” is indefinite as it could identify CDs, discs, or DVDs or encoded cards, all of which require subject matter or purpose.
The wording “computer games and video games” is indefinite because it could refer to goods in Class 28. The applicant must specify that the goods are game software, cassettes, cartridges, etc. to remain in Class 9.
“Rulers” is indefinite – graduated rulers are in Class 9, ungraduated rulers are in Class 16.
Computer furniture goes in Class 20. Only highly specialized furniture adapted for use with computer goods goes in Class 9.
User manuals must be sold as a unit with a particular Class 9 product (or “distributed therewith”) to be acceptable in Class 9; otherwise, this wording could include manuals sold separately in Class 16.
“Computer workstation” is indefinite. The particular components must be specified. If the workstation is comprised of specific hardware components, it should be classified in Class 9; however, if comprised of specific furniture components, it is classified in Class 20.
Issues Specific to Class 9 Examination:
Constructing Identifications:
Computer software must indicate function, purpose, and/or field of use. Avoid language such as “software in the field of...” or “software for use by...” TMEP Section 1402.03(d) states that merely identifying the intended users or field or industry in which the program is used generally will not be deemed sufficiently definite to identify the nature of a computer program. For example, “software in the field of finance” or “software for use by financial institutions” are both indefinite because we don’t know what function the software performs. Is it accounting software, e-mail software, employee payroll software, electronic funds transfer software, etc.? However, this should not be taken to mean that user, field or industry indications could never be accepted, especially if this type of detail adequately specifies the nature of the computer program. For example, “computer programs in the field of geographical information systems” would be acceptable. Geographical information systems, also known in the industry as GIS, are well-defined computer applications that do not need further definition. If it is unclear from the application whether or not the identification offered by an applicant adequately specifies the nature of its computer program, further information may be requested. If that information supports the clarity of the offered identification, further modification should not be required.
NOTE: If an applicant asserts that the computer programs at issue serve a wide range of diverse purposes, the applicant must submit appropriate evidence to substantiate such a broad identification of goods. See 37 C.F.R. §2.61(b); TMEP §§1402.03(b), (c) and (d).
Some general wording is allowed. The following wording is acceptable:
Computers Computer hardware Computer peripherals Computer game software Computer utility programs Computer operating programs or computer operating systems Computer software development tools
More on Terminology in ID’s
Internet, Intranet and Extranet are acceptable.
The wording “computer programs” and “computer software” is interchangeable.
“User manuals” and/or “Instructional Manuals” are acceptable in Class 9 IF the ID includes language indicating the manuals are “sold as a unit” or “distributed therewith.”
Videotapes, audiotapes, (cassettes, etc.), CD’s, must all list the subject matter recorded thereon, i.e., featuring music, featuring children’s stories, etc. “for educational purposes” is indefinite, but “for use in teaching Spanish, for use in teaching home repairs,” etc., is acceptable.
Section 2(d) Refusals:
Old Software IDs. There are a number of older registrations that list the goods as merely computer software or programs without identifying the subject matter or field of the goods. In terms of citing these registrations, the Trademark Trial and Appeal Board has held that where a registrant’s goods are broadly identified as “computer programs recorded on magnetic disks,” without any limitation as to the kind of programs or the field of use, it is necessary to assume that the registrant’s goods encompass all such computer programs, and that they would travel in the same channels of trade normal for those goods and to all classes of prospective purchasers for those goods. In re Linkvest S.A., 24 USPQ2d 1716 (TTAB 1992).
There is also plenty of case law upholding the position that computer hardware and software products are related and that technology services and various electronic goods are related. See the Q section of the form paragraph manual for specific case law cites.
Section 2(e)(1) refusals:
Evidence - Finding evidence for refusals (primarily for 2(e)(1) refusals) often requires a higher level of effort than other classes. Since computer goods evolve rapidly, applicants often use new and highly descriptive terminology in their trademarks. While this practice may help the customers understand the function of the new product, it presents problems for trademark purposes. Unfortunately, even the most recent computer dictionaries may not have a term listed. Lexis/Nexis and the Internet also should be consulted. The librarian can help with Internet searches.
Two useful dictionaries for Class 9 examination are: Newton’s Telecom Dictionary, and Freedman’s Computer Dictionary
Useful websites include: www.onelook.com www.google.com www.acronymfinder.com www.techweb.com www.pcwebopaedia.com www.sussmans.net
Acronyms - Always check several computer dictionaries as well as the standard acronym dictionaries.
Prior Registrations - Due to the rapid pace of development in this field, the treatment of potentially descriptive terms in prior registrations is hugely inconsistent. A term that may be highly descriptive presently may have been registered just a few years ago. Much of this might have been due to a paucity of evidence during earlier examinations. Therefore, in deciding issues of descriptiveness, rely more on current evidence than on prior registrations. The same goes for identifications - just because the Office may have accepted a term in the past doesn’t mean it should continue to be accepted it if the marketplace has changed.
Personification marks for computer software should be refused as merely descriptive if the mark names the intended user or is used in the trade to describe a particular type of computer program. Examples of personification marks are DENTAL OFFICE MANAGER, ACCOUNTANT, LANDSCAPE ARCHITECT. See In re Intelligent Instrumentation, Inc., 40 USPQ2d 1792 (TTAB 1996) (VISUAL DESIGNER found merely descriptive for a type of software).
Specimen Issues:
Specimens - Screen printouts from the actual program that show the mark in the title bar are acceptable as specimens. “Launch” screens also are acceptable. (A launch screen is the little introductory message box a user gets after opening a program.) Instruction manuals showing the mark are acceptable. If the applicant submits manuals as specimens for Class 9, the identification does not necessarily have to include the manuals.
As with other goods, advertisements are typically not acceptable specimens. The only exception would be under the Lands End display exception. A website page that displays a product, and provides a means of ordering the product, can constitute a “display associated with the goods,” as long as the mark appears on the web page in a manner in which the mark is associated with the goods, and the web page provides a means for ordering the goods. The Trademark Trial and Appeal Board has held that web pages that display goods and their trademarks and provide for online ordering of such goods are, in fact, electronic displays which are associated with the goods. Such uses are not merely advertising, because in addition to showing the goods, they provide a link for ordering the goods. In effect, the website is an electronic retail store, and the web page is a shelf-talker or banner, which encourages the consumer to buy the product. A consumer using the link on the web page to purchase the goods is the equivalent of a consumer seeing a shelf-talker and taking the item to the cashier in a store to purchase it. The web page is thus a point of sale display by which an actual sale is made. In re Dell Inc., 71 USPQ2d 1725 (TTAB 2004). See TMEP Section 904.06(b).
Downloadable Software - Acceptable specimens for these goods may show use of the mark on an Internet web page, but in order to be acceptable, the user must be able to download the software from the page. If the Web page simply advertises the software without providing a way to download it, the specimen is unacceptable. See TMEP Section 904.04(d).
Programming Languages:
Programming languages and communication protocols are not considered to be goods in trade, but rather a set of words and rules for constructing a program. If the term sought to be registered identifies only a language it does not function as a trademark. Specific form paragraphs addressing this refusal may be found in the Q section of the form paragraph manual.
Single Work Refusals:
Phonograph records, audio or video tapes, CD’s--the title of a single record does not function as a trademark and is not registrable on either the Principal or Supplemental Register. See In re Appleby, 159 USPQ 126 (TTAB 1968) and In re National City Bank 168 USPQ 180 (TTAB 1970). If the mark identifies the title of a single record, registration should be refused under Sections 1, 2, and 45 of the Trademark Act. To overcome a single work refusal, the applicant may submit evidence that the mark is used in a series (two or more) of recordings. This evidence does not need to be supported by a declaration verifying that the mark was used on the second recording at least as early as the filing date.
An exception exists with computer programs: a mark that identifies a single computer program, or a CD-ROM containing a particular program, such as a computer game, is NOT refused as a single work.
For additional guidance, TMEP Section 1202.08 should be consulted.
Names of Artists:
Musical performer/group names should be treated in accordance with In re Polar Music International AB, 221 USPQ 315 (Fed. Cir. 1983), In re Spirer, 225 USPQ 693 (TTAB 1985), and In re First Draft, Inc., 76 USPQ2d 1183 (TTAB 2005). See TMEP Section 1202.09.
First, the names of musical performers may only be registered if the mark is used on a series of musical sound recordings. Such evidence could include copies of multiple CD covers. It is no longer necessary for the identification to reflect that the mark is used on a series of works.
Second, the applicant must provide evidence that the name identifies the source of the series and not merely the name of the performing artist. A showing that the name functions as a source identifier may be made by submitting evidence of either (a) of promotion and recognition of the name as a source indicator for the series; or (b) the author or performer’s control over the name and quality of his or her works in the series.
In an intent-to-use application, the applicant must provide this evidence at the time the applicant files either the amendment to allege use or the statement of use. It is also advisable to provide advance notice of this requirement during initial examination. If the applicant is unable to demonstrate use on a series, the mark may be registered on the Supplemental Register, provided it is otherwise proper.
For additional guidance, TMEP Section 1202.09 should be consulted.
Model Numbers
Model numbers that serve only to distinguish between different models of a product line do not function as trademarks. But see In re Clairol, Inc., 173 USPQ 355 (CCPA 1972) and In re Peterson Manufacturing, 229 USPQ 466 (TTAB 1986).
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
Explanatory Note Regarding Class 10
The Heading for Class 10 is relatively unambiguous. If the goods are “apparatus” or “instruments” in the surgical, medical, dental or veterinary fields, they belong in Class 10 rather than Class 5. Whereas medications and preparations in these fields belong in Class 5, devices for administering these goods or for performing diagnosis and treatment of diseases and physical conditions are in Class 10.
Class 10 includes both medical devices which directly touch the patient as well as diagnostic devices which do not touch the patient, but are used for clinical diagnostic purposes. If a device neither touches a patient nor diagnoses the condition of a patient, it is possibly a scientific or research device in Class 9.
Items that may otherwise go in other classes will go in Class 10 if they serve a medical (or surgical, dental or veterinary) purpose. Specifically, to belong in Class 10, a device must be therapeutic to the point of being used or prescribed by a medical professional or be instrumental in the treatment of a disease or physical condition. Instruments or apparatus which relate to the medical field but are not used to treat an actual ailment do NOT belong in Class 10. For example, “hospital beds” belong in Class 20 because they are not used to treat a specific medical condition. On the other hand, “hospital beds for use by burn patients” belong in Class 10 because they are specifically constructed to further burn victims’ treatment. Other examples are “lamps” (Class 11) vs. “surgical lamps” (Class 10), “thermometers” (Class 9) vs. “fever thermometers” and “thermometers for medical purposes” (Class 10) and “footwear” (Class 25) vs. “orthopedic footwear” (Class 10).
Other Class 10 products include artificial limbs; support bandages, knee bandages and bandages for joints; sutures and needles for sutures; operating and patient examination tables, massage tables, childbirth mattresses and dental examination chairs; rubber articles for hygienic purposes, e.g., incontinence sheets; baby bottles, nipples for baby bottles, teething rings and pacifiers; surgical implants comprising artificial material (surgical implants comprising living tissue belong in Class 5).
Includesspecifically:
Ø Special furniture for medical use Ø Hygienic rubber articles, such as surgical gloves and surgical sponges Ø Supportive bandages Ø Hearing aids Ø Adult sexual aids Ø Medical treatment apparel
Excludesspecifically:
The Explanatory Notes in the Nice Classification for Class 10 contain no exclusions; However, the following items are not in Class 10:
Ø Wheelchairs (Class 12) Ø Hospital carts (Class 12) Ø Hospital Beds (Class 20) Ø Non-metal identification bracelets for hospital use (Class 20) Ø Bandages for skin wounds and adhesive bandages (Class 5) Ø Eyeglasses and contact lenses (Class 9)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
5 pharmaceutical, veterinary and sanitary preparations 35 retail stores 42 retail store, medical or spa services (earlier editions of Nice Agreement) 44 medical or spa services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 9: eyeglasses and contact lenses Class 12: wheelchairs Class 20: hospital beds and furniture
Generic Terminology:
Obvious generic terms identifying the genus of goods (e.g., medical, surgical, implants, etc.) may be found in Class 10 marks and must be disclaimed.
Descriptive Terminology:
Marks in Class 10 often incorporate the particular body part (e.g., heart, lung, muscle, spine) or function (e.g., ventilation, walk, growth, etc.) the device is intended to act on. Products designed for extended use often use terms such as “soft” or “comfort” to describe the goods.
Indefinite Terminology:
Medical Apparatus, Devices, Instruments --- acceptable if the goods are otherwise clearly defined as to their use, e.g., medical apparatus for diagnosing suspected heart attacks, medical instruments for cutting tissue
Medical Apparatus, Devices, Instruments --- acceptable if followed by common commercial name, e.g., medical instruments, namely scalpels
Bandages ---must provide support for orthopedic conditions to be in Class 10; specify type, e.g., compression, elastic or orthopedic support (surgical, adhesive or for dressing wounds go in Class 5)
Clothing --- must identify by common commercial name and have a medical purpose, e.g., gloves for massage, orthopedic footwear, arch supports for boots, abdominal belts, surgical scrub suits, medical gowns, oxygen masks for medical use (lab coats, and clothing worn by patients, such as robes and pajamas, go in Class 25)
Contraceptive Devices --- must specify type, e.g., diaphragms and condoms (contraceptive pharmaceuticals or items featuring pharmaceutical preparations, such as oral contraceptives, contraceptive foam or contraceptive sponges go in Class 5)
Furniture and Bedding ---must specify medical purpose, otherwise go in corresponding non-medical classes, e.g., whirlpools for use in hospitals or for therapeutic use, operating tables, air pillows and mattresses for medical purposes, birthing chairs, electric blankets for medical purposes, dental examination chairs, medical patient or treatment chairs, hospital beds for use by burn patients (“hospital beds” in general go in Class 20).
Incontinence Products ---these are products that are NOT worn on the body, e.g., incontinence sheets (incontinence products that are worn on the body, such as incontinence pads, incontinence garments go in Class 5)
Massage Apparatus ---specify type or purpose, e.g., electric massage apparatus, massage tables, massaging apparatus for personal use
Sexual Aids ---specify type or purpose, e.g. vibrators, artificial penises, inflatable life-sized dolls used in sexual activity
Software --- only belongs in Class 10 if part of a Class 10 medical device, and is sold as an integral component of the device; the device itself is the main part of the ID.
Surgical Implants---only belong in Class 10 if composed of artificial or synthetic materials; if living tissue or avital processed human or animal tissue, proper class is Class 5
Registered Trademarks in Class 10:
ACE Reg. No. 1399295 compression bandages
AUTO SYRINGE Reg. No. 2668385 medication infusion pump
BOTOX Reg. No. 1814396 medical devices
GLUCOMETER Reg. No. 1163529 blood glucose meters
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 10:
The most common query is that the goods identified do not state a medical purpose. For example, “ultrasound apparatus” must specify for medical or diagnostic use; “elastic tape” must specify for medical purposes.
Another common query is that goods are classified in 10 when they should go in Class 5, e.g., “test strips for measuring glucose in blood to test diabetic patients,” “cotton swabs for medical purposes,” “intravenous (IV) solutions,” etc.
Test kits without any pharmaceutical preparation, such as “medical test kits for diabetes monitoring for home use,” belong in Class 10; test kits which include a pharmaceutical preparation, such as “home pregnancy test kits” belong in Class 5.
Medical syringes sold empty belong in Class 10, but syringes sold filled with pharmaceuticals belong in Class 5.
Issues Specific to Class 10 Examination:
2(d) Issues:
The “doctrine of greater care” may apply in a case involving medical apparatus vs. medical apparatus or pharmaceuticals: i.e., a more conservative approach in determining a likelihood of confusion because of the harmful consequences of using the wrong product. A greater disparity between the marks and/or the goods than would normally be expected may be required to avoid a Section 2(d) refusal. See Ethicon, Inc. v. American Cyanamid Co., 192 USPQ 647 (TTAB 1976); J. Thomas McCarthy, MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 23:32 (4th ed. 2006).
On the other hand, in certain circumstances, the “sophisticated purchaser” argument applies in situations involving Class 10 apparatus. In Astra Pharmaceutical Product, Inc. v. Beckman Instruments, Inc., 220 USPQ 786 (1st Cir. 1983), the court concluded that purchasers for hospital pharmacies and purchasers for hospital chemistry labs are both well-trained and will not be confused by pharmaceuticals and laboratory equipment bearing the same name. Similarly, in Blue Bell Bio-Medical v. Cin-Bad, Inc., 9 USPQ2d 1870 (5th Cir. 1989), the court determined that hospital buyers are discerning consumers and not likely to be confused by hospital carts featuring similar trade dress. See also Hewlett-Packard Co. v. Human Performance Measurement, Inc., 23 USPQ2d 1390 (TTAB 1991) (finding that merely because goods are purchased by hospitals does not automatically mean that the goods are so related that confusion is likely).
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Explanatory Note Regarding Class 11: Class 11 contains goods characterized as “environmental control” items, such as air conditioners, air purifiers, electric heaters, and electric fans. These items alter the environment in which they are used in order to perform their general functions. These items heat, cool, and ventilate their environs. However, items such as drinking fountains, toilets, water-softening units, sinks, showers, clothes dryers, refrigerators, electric stoves, microwave ovens, electric light bulbs, lamps, and tanning beds are also all found in Class 11.
It is important to note in Class 11 the class heading plays a key function in identifying what is contained therein. There is sometimes confusion with Class 9 items that are electrically heated. Only items that actually perform the function listed in the class heading are in this class. Items that simply use heat, water or some sort of cooling to perform functions other than those listed in the class heading will not be found in Class 11. Examples include dishwashing machines and clothes washing machines, both located in Class 7, and heated hair curlers, located in Class 9.
The lighting apparatus in Class 11 is not specifically fashioned for any highly specialized use. They are simply items that supply light. Exceptions, of course, do exist. Although darkroom lamps for photography are in Class 9, laboratory lights are classified in Class 11. This is because their purpose is to provide light and not to perform a function related to photography technology, as do the darkroom lamps.
The apparatus for heating in Class 11 refers to items that supply heat and are not particularly fashioned for a specialized use. For example, electric heating pads or electric blankets for medical purposes are in Class 10, whereas their non-medical counterparts are in Class 11. All refrigerating apparatus is also classified in Class 11, including air conditioners for vehicles as well as buildings.
The term “generators” in the identification of goods may cause some confusion. Generators that are directly related to electricity are in Class 9. Those that are not, such as acetylene generators or hydrogen generators, are in Class 11.
A cooking apparatus that is powered by electricity or has some other type of power source is in Class 11 (e.g., stoves, ovens, and electric coffee pots). Similar goods that do not have a power source are classified in other classes, often in Class 21 as kitchen utensils.
It is worth noting the difference between “drying machines” in Class 7 and “drying apparatus” in Class 11. For the goods to be in Class 11, drying is accomplished using heat. Drying machines in Class 7 dry things using some mechanical process, such as pressing.
Finally, although goods that control or regulate are often classified in Class 9, regulating and safety apparatus that are part of gas apparatus and pipes and water apparatus are in Class 11 because they are integrally related to a Class 11 function. This reasoning also applies to pipes. 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 in Class 6 (metal) or Class 19 (non-metal).
Includesspecifically:
Ø Air conditioning apparatus Ø Bed warmers, hot water bottles, electric or non-electric warming pans Ø Electrically heated cushions, pads and blankets, not for medical purposes Ø Electric kettles Ø Electric cooking utensils Ø Laboratory lights
Excludesspecifically:
Ø Steam producing apparatus as parts of machines (Class 7) Ø Electrically heated clothing (Class 9) Ø Electrical items that don’t produce heat or light (Class 9) Ø Directional signals for vehicles (Class 12) (“signals” include the on/off mechanical parts; light bulbs for vehicle turn signals remain in Class 11)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
6 metal valves and pools 7 drying machines; pumps 9 electrical and scientific items 19 non-metal pipes and pools 20 furniture 35 retail stores 37 construction and repair services 40 cryogenics; manufacturing services 42 scientific and technological services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 8: fireplace tools Class 10: electric blankets for medical use Class 12: vehicles Class 16: aquariums (earlier versions of Nice Agreement) Class 21: wash basins and fireplace brushes; aquariums Class 24: bed linens Class 26: artificial garland Class 28: Christmas tree ornaments
Obvious generic terms (such as lights, heater, dryer, etc.) can frequently be found in Class 11 marks and must be disclaimed.
Descriptive Terminology:
Common descriptive terms in this class denote the particular element treated (e.g., air, aire, aqua) or the particular method of treatment (e.g., cold, cool, hot, heat). Many marks also include the descriptive terms “light” (lite) or “pure.” Finally, as many products in this class are intended to be used in the construction of buildings, terms such as “professional,” “pro,” and “home” are often used to indicate the intended consumers or intended use of the goods.
Indefinite Terminology:
Equipment --- applicant must specify particular goods
Systems --- component part of the system must be listed
Plants --- could identify treatment services in Class 40; identification must make clear these are goods
Installations --- particular elements of the installation must be set forth
Fixtures --- could be bathroom fixtures, such as towel racks, in Class 21, so type of fixture must be specified.
Supplies --- specify particular goods
Products
Materials
Please keep in mind that the terms “systems” and “plants” can often be interpreted as either goods or services. Some examples, such as “sewage disposal plant,” do not need further clarification. Other examples, such as “lawn sprinkler system,” will require further clarification. If used to identify goods, usually the major component of the “system” or “plant” will need to be specified, i.e., lawn sprinkler system comprised of valves, hoses, and pumps.
The terms “units” and “apparatus” are often sufficiently definite for identification purposes in Class 11, as in “electric room deodorizing units” or “aquarium filtration apparatus”
Registered Trademarks in Class 11:
CROCK POT Reg. No. 928614 electric cooking appliance
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 11:
The distinction between goods in Class 7 and Class 11 is often misinterpreted. Machinery-type items in Class 11 usually accomplish their function through use of heat or cold. Machines in Class 7 do not; they accomplish their functions by means of electrically-powered mechanical action.
Issues Specific to Class 11 Examination:
Class 11 frequently has issues concerning functionality and ornamentation refusals.
See In re Vico Products Manufacturing Co., 229 USPQ 364 (TTAB 1985), recon. denied, 229 USPQ 716 (TTAB 1986). In Vico, the TTAB held that the configuration of the venturi body of a whirlpool jet, sought to be registered as a trademark for whirlpool jets, was de jure functional and, therefore, unregistrable. The Board went on to outline features of the mark which would be recognized as functional, and noted that an overall design is not removed from being de jure functional simply because it includes some arbitrary features. The Board also pointed out the importance of clearly setting out exactly what the mark consists of in cases like this.
Vehicles; apparatus for locomotion by land, air or water
Explanatory Note Regarding Class 12:
Class 12 highlights goods that are among the easiest to define. Class 12 simply covers all items related to the transport of people, animals or things. The class covers such goods as cars, ambulances, bicycles, grocery carts, rafts, ski lifts, sleighs, tractors, wagons, forklift trucks, tires and engines for cars.
The purpose of items in this class must be to carry or transport something, be it animate or inanimate, from one place to another. Therefore, in contrast, any item that happens to move, but has a primary purpose other than that of carrying something from place to place, will not be classified in Class 12, e.g. a self-propelled street sweeping machine (Class 7) or a tea cart (Class 20).
It is important to note the distinction between Class 12 and Class 7. Motors and engines for land vehicles are in Class 12, while motors and engines for locomotion devices other than land vehicles are in Class 7. The individual parts for all motors and engines are in Class 7. In addition, couplings and transmission components for land vehicles are in Class 12, whereas couplings and transmission components for other types of vehicles and for machines are in Class 7.
Generally, items that are integral to, or specifically designed for use with, or in, transport vehicles are classified in Class 12. Examples include safety seats for children, pannier bags for bicycles, and covers for baby carriages. However, some specific parts of vehicles are not included in Class 12. These include automobile carpets (Class 27), vehicle lights (Class 11), and cigar lighters for automobiles (Class 9).
There is sometimes confusion between “glass for vehicle windows” in Class 21 and “windows for vehicles” in Class 12. Glass for vehicle windows is an unfinished product that must be further processed before being used in its final form. Windows for vehicles are finished products; they have been shaped and fitted for use in the vehicles.
Unlike the many scale-model, remote control toy vehicles in Class 28, the remote control vehicles in Class 12 are full-sized vehicles that perform a task, often in an environment that would be dangerous for human beings. They perform the “transport” function of Class 12 items. Scooters used as vehicles, not just as toys, are also in Class 12. These scooters are more durable than the toy versions and have features that make them suitable for transporting adults from one place to another.
Includesspecifically:
Ø Scooters (being vehicles) Ø Motors and engines for land vehicles Ø Couplings and transmission components for land vehicles Ø Air cushion vehicles Ø Vehicular balloons Ø Anti-theft alarms for vehicles Ø Remote control vehicles (not being toys) Ø Windows for vehicles
Excludesspecifically:
Ø Motors, engines, couplings and transmission components other than for land vehicles (Class 7) Ø Motor and engine parts of all kinds (Class 7) Ø Railway material of metal (Class 6) Ø Certain parts of vehicles (various classes, e.g., automobile carpets in Class 27; automobile lights in Class 11; cigar lighters for automobiles in Class 9) Ø Glass for vehicle windows (Class 21)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
7 ignition systems; all engine parts 35 automobile, boat dealerships 37 maintenance or repair 42 technological services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 6: automobile door locks; hose clamps, nuts, bolts, fasteners and similar fittings Class 9: automobile batteries; protective helmets Class 11: vehicle lights, bicycle lights; air conditioners for motor vehicles Class 22: sails Class 28: toy vehicles; ride-on toys; skis; skateboards; roller skates; in-line skates; sail boards
Generic Terminology:
Generic terms such as vehicle, truck, boats, etc. are clear and must be disclaimed. Other, less obvious terms, however, also identify specific vehicles and must be treated as generic:
Sedan: a car that is closed, with front & back seats and two or four doors
Coupe: a car with two doors, two front seats and a luggage compartment
Cabriolet:a car with a folding roof
RV:motorized wheeled vehicle used for camping and other recreational activities
SUV:Sport utility vehicle
ATV: All-terrain vehicle
Station Wagon: a car with a long body and rear door, with space behind the rear seat
Compact:a small economical car
Subcompact:a car smaller than a compact
Hatchback: a car having a hatchback door
Runabout: an open car having a front seat and a rumble seat
Skiff: small boat propelled by oars, sail or motor
Jon or John (boat): small boat for use in shallow water
Dinghy: small boat of shallow draft with cross thwarts as seats and rowlocks for oars
Trawler: fishing boat that uses a trawl net
Pontoon (boat): flat bottom boat supported by pontoons
Bass (boat): fishing boat
Descriptive Terminology:
General Tire Tread Types
GT (gran tourismo) Highway LE (luxury edition) Lug SE (sports edition) Block LX (luxury) Rib HP (high performance) Traction HD (heavy duty) Snow Street (street-legal, general highway) Race Racing
Type Ratings for Tires Tire Speed Ratings
R (radial) V (130+ MPH) AT (all terrain) H (118-130 MPH) AS (all season) T (113-118 MPH) LT (light truck) S (up to 112 MPH) LP (low profile)
General (nautical)
Multi hullSportingRacing Race Folding Fishing Center Console
Indefinite Terminology:
Vehicle---must specify the type, e.g., car, truck, boat, etc.
Aircraft---must specify the type, e.g., helicopter, jet airplane, etc.
Watercraft---must specify the type, e.g., sailboat, personal jet boat, etc.
Components---must specify the actual component or explain what the component is for. If appropriate, use “ structural parts therefor”
Parts---must specify the actual part or explain what the part is for. If appropriate, use “structural parts therefor”
Fittings---must specify the nature of the fitting because “fittings” can be found in several different classes
Registered Trademarks in Class 12:
HUMVEE Reg. No. 1697530 trucks
JEEP Reg. No. 526175 automobiles
JET SKI Reg. No. 1394547 recreational watercraft
PARA-SAIL Reg. No. 745717 parachutes
SKI-DOO Reg. No. 939563 snowmobiles
SUV Reg.
No. 2538826 personal watercraft WHALER Reg. No. 774870 motorboats
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 12:
The most common errors are: (1) those relating to the misclassification of parts for motors and engines in Class 12 rather than Class 7; and (2) the use of “components,” “parts,” and “fittings” without further explanation.
Issues Specific to Class 12 Examination:
2 (d) issues:
Numerous cases exist which discuss the relatedness of, and, therefore, the likelihood of confusion between:
Automobiles and tires
See In re Jeep Corp., 222 USPQ 333 (TTAB 1984) and In re Mitsubishi Jidosha Kogyo Kabushiki Kaisha, 19 USPQ2d 1633 (TTAB 1991)
Automobiles and automobile parts
See Ford Motor Company v. Hi-Performance Motors, Inc. 186 USPQ 64 (TTAB 1975)
Automobile parts and other automobile parts
See In re Sien Equipment Company, 190 USPQ 84 (TTAB 1976)
However, such refusals must be grounded on a firm evidentiary basis. There is no “per se” rule that such goods are related.
Model Designations:
In most classes, a model designation is considered incapable of functioning as a trademark. However, in Class 12, trade practices in the industry allow for trademark capability for many goods in this class. As indicated previously, there is widespread use in the automotive industry of numeric and alphanumeric designations used as trademarks. However, as also previously noted, many alphabetic designations may be used descriptively and would require either a refusal or a disclaimer.
See In re Peterson Manufacturing, 229 USPQ 466 (TTAB 1986) and In re Clairol, Inc., 173 USPQ 355 (CCPA 1972).
Firearms; ammunition and projectiles; explosives; fireworks
Explanatory Note Regarding Class 13:
Class 13 is primarily composed of firearms and pyrotechnical products. Generally, the items in this class are powered by an incendiary, propellant, or explosive force. They are not in Class 13 just because they are weapons. Other weapons, such as knives (Class 8) and bows and arrows (Class 28) are not in Class 13 because they are not explosive devices.
It should be noted that Class 13 includes all firearms (i.e., all types of guns and rifles), whether for military or sport use, because they are used as weaponry in either case. Therefore, firearms used for hunting or marksmanship are in Class 13, rather than in Class 28 with other sporting items. This differs from harpoon guns, which may be used as weapons (Class 13) or as sports articles (Class 28).
Projectiles used with firearms, although generally not explosive themselves, are so integral to the functioning of the firearm that they are in Class 13 as well. Many other items in the nature of highly specialized or adapted accessories for the goods in this class are also classified in Class 13. These include rifle straps, gun-cleaning brushes, and gun sights for firearms that are not optical or telescopic.
Sprays for personal defense purposes (e.g., pepper spray) are included in Class 13 because they use a propellant force to accomplish their purpose. They are also a type of protective weapon.
One specific exclusion in Class 13 is matches. Although this is an incendiary item, its historical use and association with smokers’ articles puts it in Class 34.
Includesspecifically:
Ø ammunition Ø fireworks Ø explosives Ø firearms
Excludesspecifically:
Ø matches (Class 34) Ø nail guns (Class 7) Ø side arms, such as swords and clubs (Class 8) Ø archery bows (Class 28)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
28 hunting equipment 35 retail stores 42 design services, retail stores (earlier versions of Nice Agreement) 45 security services
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: tear gas Class 7: gunpowder-operated hand tools Class 8: bladed weapons; gunsmith tools Class 9: telescopic gun sights; armored clothing Class 12: armored vehicles (not weapons platforms) Class 20: gun display and storage cabinets
Generic Terminology:
Aside from the obvious terms referencing firearms (“gun,” “rifle,” “pistol,” etc.), the examiner should also keep in mind that ammunition comes in various sizes. “Caliber” indicates the diameter of the projectile, and is typically denoted in fractions of inches (.38, .44, .22) or millimeters (9mm, 88mm). Additionally, ammunition rounds come in varying lengths, which may be indicated using metric measurements, or sometimes using the less precise terms “short” or “long.”
“Centerfire” and “rimfire” indicate where on the ammunition cartridge the primer cap is located, that is, where the firing pin must hit the cartridge to cause the round to fire.
Other generic terms: derringer, carbine, rail, over-under.
Descriptive Terminology:
Typical descriptive terms arise from the intended users of the goods. Terms such as “MP” (military police), “police” and “tactical” should be disclaimed when appropriate.
With regard to fireworks, common descriptive terms indicate the nature of the displays, such as “sparkle,” “shower,” “star” and “whistle.”
Indefinite Terminology:
Side arms --- specify as firearms to keep in Class 13; or specify particular bladed or non-lethal devices such as billy clubs in Class 8 Weaponry --- same as above
Registered Trademarks in Class 13:
TOMMY GUN Reg. No. 2885628 submachine guns
MACE Reg. No. 888911 incapacitating liquid preparation
MAGNUM Reg. No. 0324894 revolvers
(derived from the INTA Trademark Checklist)
Issues Specific to Class 13 Examination:
Broad identifications are generally acceptable in this class. The vast majority of applications in this class are for “firearms,” “ammunition,” and/or “fireworks,” which are all acceptable identifications.
As a general rule, closely related goods, such as gun slings, ammunition belts, and gun racks for cars and trucks, are included in Class 13. Exceptions are noted above in the “Related Classes” section.
Also included in Class 13 are firearm platforms, such as military tanks, machine gun turrets, and mobile (self-powered) gun platforms.
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments
Explanatory Note Regarding Class 14:
Class 14 includes mainly precious metals, jewelry, clocks and watches.
Prior to the implementation of the Ninth Edition of the Nice Agreement on January 1, 2007, most goods made of precious metal were classified in Class 14 and goods not of precious metal were classified according to their function. For example, nutcrackers of precious metal were in Class 14, but when made of non-precious metal were in Class 8. Now all nutcrackers are in International Class 8 regardless of their material composition. Similarly, cigarette lighters of precious metal were in Class 14, but when not of precious metal were in Class 34. Now all are in Class 34.
Includesspecifically:
Ø Horological and chronometric instruments and parts thereof Ø Jewelry Ø Precious metals Ø Pendants Ø Stop watches Ø Cuff-links Ø Tie pins Ø Diamonds Ø Pearls Ø Ornaments and sculptures of precious metal Ø Precious stones Ø Jewelry boxes and jewelry cases
Excludesspecifically:
Ø Dental amalgams of gold (Class 5) Ø Pen nibs of gold (Class 16) Ø Precious metals in foil or powder form for painters (Class 2) Ø Gold solder and silver solder (Class 6) Ø Ornamental novelty pins (Class 26)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
25 clothing 26 dressmakers’ articles 35 retail stores 37 repair and installation 40 material treatment 42 jewelry design; retail stores (earlier editions of Nice Agreement)
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 9: Time clocks, chronographs for use as specialized time recording apparatuses, radios incorporating clocks
Generic Terminology: Obvious generic terms found in this class refer to material composition (e.g., gold, silver, platinum) or type of gemstone (e.g., emerald, garnet, amethyst). Other generic terms include styles of metalwork (e.g., link, rope, chain).
Descriptive Terminology:
Common descriptive terms in this class focus on particular gem cuts (e.g., brilliant, double brilliant, trilliant, baguette, ideal) and colors. Additionally, as the goods in this class often involve a degree of aesthetic appeal, marks often include terms descriptive of artistic input (e.g., creations, originals, designs, collection).
Indefinite Terminology:
Pins --- must specify type of pin (ornamental pins, lapel pins)
Articles made in whole or in part of precious metals --- must specify every item, e.g. clocks, rings, tombstones, trophies, all made in whole or part of precious metal. Keep in mind that not all articles of precious metal are classified in Class 14!
Timing devices, timekeeping devices --- specify as a clock, watch, or chronometer to keep in Class 14. Certain timing devices, such as egg timers and hourglasses, which are used to measure time, rather than simply indicate it, are in Class 9
Stones --- must specify as precious stones, gemstones, or semi-wrought precious stones
Synthetic stones --- must specify as precious synthetic stones or synthetic gemstones
Note that the identification should accurately reflect the nature of the gemstones. A synthetic gemstone is man-made and is identical in molecular structure to the natural gemstone it mimics. An imitation gemstone is man-made but is identical to the natural gemstone in appearance only.
Registered Trademarks in Class 14:
KEEPSAKE Reg. No. 1799274 jewelry
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 14: Clock radios: must specify as “radios incorporating clocks” in Class 9, or “clocks incorporating radios” in Class 14
Issues specific to Class 14 Examination:
Possible Section 2(a) deceptive wording related to material content: · Gold · Silver · Platinum · Diamond · Ruby · Emerald · Pearl · Cameo (see In re Woodward & Lothrop Inc., 4 USPQ2d 1412 (TTAB 1987))
If a mark contains any of the above terms, then the identification of goods must be amended to indicate that the goods are made wholly or substantially in part of the material named. An acceptable identification would be: watches made in substantial part of gold; platinum rings; earrings made in substantial part of silver. If the term is a separable element of the mark, then the word must be disclaimed. If the goods are not made at least in part of the material named in the mark, then registration must be refused under Section 2(a) of the Trademark Act [see form paragraph Q25-1] and 2(e)(1) as deceptively misdescriptive [see form paragraphs Q31 and Q31-1 to 3]. This applies equally to foreign words that identify the material named. See also In re Shapely, Inc., 231 USPQ 72 (TTAB 1986); In re Budge Manufacturing Co. Inc., 8 USPQ2d 1259 (Fed. Cir. 1988). Foreign equivalents of the above listed terms should be treated as if they were in English.
Possible Section 2(a) deceptive wording related to geographic locale:
· Swiss – clocks or watches · Names of famous Swiss cities, i.e., Geneva – clocks or watches · Germany – clocks or watches · Majorca - pearls · Columbia - emeralds · Australia – opals · 833 AL or similar number and letter combinations – the letters are abbreviations for the Italian province of origin and should be disclaimed in marks filed by Italian applicants or those having a commercial establishment in Italy. This could rise to a deceptiveness issue for applicants having no association with Italy.
If a mark contains the name of a well-known jewelry or watch producing area and there is no connection between applicant’s goods and the place so named, then registration should be refused under Sections 2(a) and 2(e)(3) on the basis that the mark is geographically deceptive and primarily geographically deceptively misdescriptive (see Form Paragraphs Q32-16 et seq.).
RESOURCE– “An Illustrated Dictionary of Jewelry,” by Harold Newman – contains over 2500 defined jewelry terms. See also “All About Jewels: Illustrated Dictionary of Jewelry” at http://www.allaboutjewels.com/jewel/.
Specimens
Since the markings on jewelry are often very tiny, stamping them on a piece of paper or metal for submission as a specimen is acceptable.
National Gold and Silver Stamping Act (15 U.S.C. Section 297)
[Rare issue] This section of the U.S. Code forbids the words “sterling” or “coin” to be used in conjunction with any word or mark usually employed to indicate the fineness of gold, unless it is accompanied by language clearly indicating that the article or part thereof is made of an inferior metal.
Further, before any article of merchandise which is marked or stamped to indicate that it is made in whole or in part of gold or silver or of an alloy of either is placed in commerce or imported in to the United States, a trademark for that article must have been applied for with the U.S. Patent and Trademark Office. Since the only requirement is that an application be filed, these applications frequently abandon.
Section 2(d) refusals
As noted above, jewelry is traditionally marked with a maker’s stamp: the original “hall mark.” Due to the limited space for stamping on small pieces of jewelry, marks for jewelry are historically small, consisting of 1, 2 or 3 letter or number combinations. Consequently, the field is “crowded” for such marks. For example, a search of the letter “G” in Class 14, returns 23 registrations – all for stylized “G”s for jewelry or watches.
Since there are only so many 1, 2 or 3 letter combinations available, the industry’s view is that the marks will be distinguished from one another based on stylization.
However, this does not mean that registration of a typed mark over one or more stylized versions for the same mark is acceptable. This rule applies only to stylized letter or number marks.
Musical instruments
Explanatory Note Regarding Class 15:
Class 15 includes musical instruments as well as closely related accessories and specially adapted equipment for use therewith. Structural parts of musical instruments are also included in this class. As a general rule, anything that makes music goes in this class. Exceptions are noted below.
Includesspecifically:
Ø Mechanical pianos and their accessories Ø Musical boxes Ø Electrical and electronic musical instruments Ø Musical instrument and sheet music stands Ø Musical Christmas ornaments Ø Carrying cases for musical instruments Ø Musical synthesizers
Excludesspecifically:
Ø Apparatus for the recording, transmission, amplification, modification and reproduction of sound (Class 9)* Ø Sound amplifiers, mixers and loudspeakers (Class 9) Ø Musical receivers and tuners (Class 9) Ø Electronic effect pedals for use with sound amplifiers(Class 9) Ø Electronic sound pickup for guitars and basses (Class 9) Ø Guitar cables and effects processors (Class 9) Ø Phonographs (Class 9) Ø Juke boxes (Class 9) Ø Sheet music (Class 16) Ø Cleaning brushes for musical instruments (Class 21) Ø Musical toys (Class 28)
* Note regarding distinction between Class 9 and Class 15 entries: Electronic musical instruments are in Class 15 because their main function is to produce sound and music – they have a “sound production” aspect. Sound reproduction apparatuses are in Class 9 because they manipulate sound once it has been produced – they have a “sound manipulation” aspect.
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
28 Toy musical instruments 35 Retail music and record stores 41 Musical groups, entertainment 42 Technological services; retail stores (earlier editions of Nice Agreement)
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 9: Electronics for use with musical instruments, musical recordings Class 21: Cleaning brushes Class 37: Repair and maintenance of musical instruments
Generic Terminology:
Generic terms such as guitar, violin, drum, etc. are clear and must be disclaimed. Other, less obvious terms, however, also identify specific instruments and must be treated as generic. These terms include certain brass instruments (e.g., sousaphone, euphonium, serpent); string instruments (e.g., viola, double bass); and percussion instruments (e.g., timpani, vibraphone, mallets).
Descriptive Terminology:
In Class 15, marks often include descriptive terms which indicate a particular desirable quality (e.g., tone, timbre, smart, sequential), finish (e.g., lacquer), or mode of manufacture (e.g., custom, hand-crafted, etc.).
Indefinite Terminology:
Musical accessories --- identify as to type, e.g., violin chin rests
Musical instrument components --- name kind of components, e.g., strings for guitars
Music stands --- specify whether for musical instruments or sheet music
Bells --- specify musical, and if accurate, type of bell, e.g., handbell or carillon. Metal bells which are not music instruments (alarm bells, etc.) are in Class 6
Registered Trademarks in Class 15:
AUTOHARP Reg. No. 227835 zithers
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 15:
There are no commonly missed issues requiring the issuance of repeated OG queries relating to Class 15.
Issues Specific to Class 15 Examination:
Configurations:
It is common for manufacturers to apply for configurations of guitar bodies and/or guitar headstocks. As with all product configurations, the issues of functionality and distinctiveness must be considered. Because product design trade dress is registrable only upon proof of acquired distinctiveness, registration under Section 2(f) of the Principal Register or on the Supplemental Register may be an option.
In the citable decision, In re Gibson Guitar Corp., 61 USPQ 2d 1948 (2001), the Board affirmed a Section 2(e)(5) refusal to register the body of a rounded bell-shaped guitar, noting that applicant’s literature clearly indicated that the shape of applicant’s guitar produced a better musical sound. Applicant’s advertisements stated, “This unique body shape creates a sound which is much more balanced and less ‘muddy’ than other ordinary dreadnought acoustics.” Moreover, the Board found that the applicant had not shown that there were alternative guitar shapes that could produce the same sound as applicant’s configuration. The record included an advertisement obtained from the website of a competitor whose guitar appeared to be identical in shape to applicant’s configuration, touting the acoustical advantages of the shape of the guitar. TMEP Section 1202.02(a)(v).
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks
Explanatory Note Regarding Class 16:
Class 16 is one of the largest of the international classes, and covers a wide range of common consumer goods. These goods are mainly paper, goods made from paper and office requisites.
Paper items not found in Class 16 are usually either highly specialized (i.e. “asbestos paper” in Class 17), or are items usually made of other material (i.e. “clothing made of paper” in Class 25). However, the ID manual should always be consulted when there is any doubt about whether a paper item should be included in Class 16.
All printed materials, which function as goods in trade, are classified in Class 16. The seemingly endless list includes books, greeting cards, magazines, printed forms, etc. The term “bookbinding material” however, requires some explanation. The “materials” do not include machines in the industrial bookbinding process as found in Class 7. When used in an office environment, however, they are included in Class 16, along with such items as bookbinding strips, bookbinding cloth and bookbinding cords.
“Photographs” are classified in Class 16 as a finished product. The items that lead to this end result however, can be classified elsewhere, such as “sensitized paper” in Class 1 and “films, exposed” in Class 9.
As meant in Class 16, “stationery” includes not only writing paper and envelopes, but also those products involved in the writing and typing process, such as pens, pencils and ink. The “ink” in Class 16, however, is restricted to the type easily defined as a stationery item for household use, not that used with machines in the printing industry or for high volume copiers. “Adhesives for stationery” are generally simply those used with paper products in the home or office.
Almost all goods used by artists are exclusively classified in Class 16. The exceptions are the color products themselves (Class 2) and any article that would really be considered a tool, which just happen to be used by an artist (i.e. spatulas and chisels in Class 8). “Drawing squares”, compasses for drawing” and drawing rulers” are classified in Class 16 because they give shape to drawings. If, however, they were calibrated for measuring purposes, they would be classified in Class 9.
Office related equipment not classified in Class 16 is usually done so because of the actual use of the apparatus. If the use is industrial or high-volume, the item is classified in Class 7. Office related equipment that performs its function by means of an attribute that is uniquely Class 9, is classified in Class 9. Examples include “computer printers” and “photocopy machines”.
The plastic packaging materials in Class 16 sometimes cause classification problems with similar goods found in Class 17 and Class 22. The limitation on the Class 16 goods is the term “packaging.” Class 17 items are for “packing” purposes and are usually in sheet form. The related Class 22 goods are limited to sacks and bags not included in other classes. Class 16 items are for the external packaging of goods and are usually used in a small-scale setting. The Class 17 packing materials are limited to goods made from materials that are unique to Class 17, or have a cushioning or insulation purpose. The Class 22 sacks are also limited to goods made from materials that are specified by the class itself or are for storage or transport.
Includesspecifically:
Ø Paper party hats (not used as garments) Ø Molds for modeling clays (being artist’s materials) Ø All money clips (because they hold a paper product) Ø Paper knives (because they are an office requisite) Ø Duplicators & copying apparatus which are hand powered and employ a simple stencil & ink principle Ø Plastic sheets, sacks & bags for wrapping & packaging
Excludesspecifically:
Ø Aquariums (Class 21) Ø Terrariums (Class 21) Ø Vivariums (Class 21) Ø Paper plates & cups (Class 21) Ø Other specific goods made of paper and cardboard (e.g., paper clothing in Class 25, etc.) Ø Color pigments(Class 2) Ø Hand tools for artists, e.g. spatulas, artist’s chisels (Class 8) Ø Playing cards (Class 28) Ø Confetti (Class 28) Ø Downloadable publications (Class 9) Ø Publications recorded on electronic media (Class 9) Ø Online publications; publications delivered by electronic mail (Class 41)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
9 downloadable publications; magnetically encoded telephone and credit cards 35 retail stores 41 online publications & publications delivered by e-mail 42 science; technology; design
A B 200
Related Classes: (NOT automatically searched when using the coordinated class tag in X-search)
Class 1: litmus, blueprint & photosensitive paper Class 7: aquarium pumps; printing presses Class 8: artist hand tools such as chisels & spatulas Class 11: aquarium heaters and lights Class 17: plastic or rubber packaging material Class 18: small leather goods Class 21: paper plates and cups; aquaria and terraria Class 22: storage bags Class 26: bows and ribbons for gift-wrapping Class 27: wallpaper Class 28: paper toys and dolls Class 36: services related to credit and debit cards Class 37: repair and maintenance of bookbinding machines Class 38: services related to calling cards Class 40: bookbinding services
Generic Terminology:
Almanac(s) News Annual Newsletter(s) Book(s) Newspaper(s) Biography Periodical(s) Buyer’s Guide(s) Press Chronicle(s) Publication(s) Daily/Dailies Quarterly/Quarterlies Digest(s)-if a compilation Register(s) Directory/Directories Report(s) Edition(s) Reporter(s) Gazette Research Journal(s) Guide(s) Review(s) Guidebook(s) Series Journal(s) Weekly/Weeklies Ledger(s) Who’s Who Letter(s) Workbook(s) Magazine(s) Yearbook(s) Manual(s) Monthly/Monthlies
Descriptive Terminology:
Advances In … Briefings Facts Illustrated Marketing Pro/ProfessionalResource Shopper Trends In … Update
Suggestive Terminology:
Advisor (unless directed to “advisors”) Alert Companion Contemporary Courier Dispatch Examiner Exchange Focus Insider Monitor Now Observer Republic Today Times Tribune Voice of … Watch Week (but note Weekly is generic) World
Indefinite Terminology:
Stationery products --- must specify the actual “products”; the term STATIONERY, by itself, however, is acceptable
Periodicals --- must specify the subject matter of the periodical
Publications --- must specify the type of publication and the subject matter; may amend to “periodicals”, if subject matter is also included
Pads --- must specify the type, use or purpose, i.e. writing pad, note pad, etc.
Cards --- must specify the actual type or nature of the card; magnetically encoded calling cards or credit cards are NOT in Class 16, but rather Class 9
Registered Trademarks in Class 16:
ANT FARM Reg. No. 863461 ant vivaria
BUBBLE WRAP Reg. No. 1247076 plastic bubble pack for wrapping or packing
DAYTIMER Reg. No. 706673 date books
GLAD Reg. No. 738875 plastic wrap
HI-LITER Reg. No. 774991 marking pens
KLEENEX Reg. No. 809928 facial tissue
LIQUID PAPER Reg. No. 1128622 correction fluid
MYLAR Reg. No. 559948 polyester film
PLASTICINE Reg. No. 439109 modeling paste
POST-IT Reg. No. 1198694 stationery notes containing adhesive
SCOTCH Reg. No. 522761 cellophane tape
SPIRAL Reg. No. 3015494 wire bound notebook
STICKY NOTEReg. No. 1906499 pads of adhesive backed paper notes
TIME PLANNER Reg. No. 1186653 pocket planning calendars
WITE-OUT Reg. No. 978134 correction fluid
(derived from the INTA Trademark Checklist)
Common OG Queries/Bounces in Class 16:
Paper cups, bowls, and plates are in Class 21, not Class 16
Playing cards are in Class 28, not Class 16
Downloadable publications are in Class 9, not Class 16
RULERS—graduated or calibrated rulers are in Class 9, not Class 16---however, drawing or ungraduated rulers stay in Class 16
Pennants, banners, and flags must be made of paper to be in Class 16---(cloth flags are in Class 24 and plastic pennants are in Class 20)
Coasters must be made of paper to be in Class 16---(cloth coasters are in Class 24 and plastic coasters are in Class 20)
Stationery is the correct word for the Class 16 items, not stationary
Paints (even paints for artists) are in Class 2—only art and craft paint kits are in Class 16
Examination Issues Specific to Class 16 Examination:
Title of a Single Work
The title of a single creative work fails to function as a trademark. Examination Guide 04-06. It is thought to define a distinct genus of goods and does not indicate the source of the goods. However, if the owner uses the mark to identify a series, rather than a single work, then the mark is capable of registration. The owner must provide evidence of the use of the mark in a series for the record. See In re Scholastic Inc., 23 USPQ2d 1774 (TTAB 1992).
A mark refused as the title of a single work may not be registered on the Supplemental Register, or with a claim of acquired distinctiveness under Section 2(f). Herbko Int’l, Inc. v. Kappa Books, Inc., 64 USPQ2d 1375 (Fed. Cir. 2002). In addition, the principles of “secondary source” do not apply here. The fact that the mark is used on other goods or services does not overcome the refusal.
This refusal is not unique to Class 16. A single work refusal can apply to not only books, but to live theater productions, videotapes, records, CDs and films. See, e.g. In re Cooper, 254 F.2d 611, 117 USPQ 396 (CCPA 1958), cert. denied, 358 U.S. 840, 119 USPQ 501 (1958); In re Appleby, 159 USPQ 126 (TTAB 1968); In re Posthuma, 45 USPQ2d 2011 (TTAB 1998).
Character Names as Trademarks
Another refusal under section 1, 2 & 45 that is more common to Class 16 occurs when the proposed trademark consists of the name or visual representation of a character in a publication. A mark that only identifies a character is not registrable. Examination Guide 04-06. This is, in essence, a specimen issue. See In re Caserta, 46 USPQ2d 1088 (TTAB 1998).
Goods in Trade
Section 1, 2 & 45 is also the correct refusal to make when the goods involved are only incidental to conducting business, rather than intended to be used by others. This can be determined by the specimens, the identification of goods, or by other evidence in the record.
“Goods in trade” are those items sold or transported in commerce for use by others. Letterhead, invoices and other business forms are normally items an applicant uses in conducting its business and, as such, are considered only incidental goods. See In re Shareholders Data Corp., 495 F.2d 1360, 181 USPQ 722 (C.C.P.A. 1974); TMEP Section 1202.06.
Something is not considered a good in trade unless it has a utility to others as the type of product named in the application. See In re Gay Toys, Inc. v. McDonald’s Corp., 585 F.2d 1067, 199 USPQ 722 (C.C.P.A. 1978); Paramount Pictures Corp. v. White, 31 USPQ2d 1768 (TTAB 1994).
If a mark is not used on actual “goods in trade,” it is not registrable on the Principal Register under Section 2(f) or on the Supplemental Register.
Obviously, if it is unclear as to the nature of the applicant’s goods, inquiry should be made.
Artist/Author Names as Trademarks
This refusal is fact and specimen specific. The TTAB has held that “an artist’s name affixed to an original work of art may be registered as a mark.” See In re Wood, 217 USPQ 1345 (TTAB 1983). However, the TTAB has also held, in In re First Draft, Inc., 76 USPQ2d 1183 (TTAB 2005), that the name “Fern Michaels” only identified the author and did not function as a trademark.
Both of these decisions were based on the specimens specific to each application and registrability will vary in the future based upon the record of the particular trademark at issue. See Examination Guide 06-04.
Columns or Sections of Publications
Columns or sections of printed publications that are sold, syndicated or offered for syndication do, in fact, constitute goods in trade. A mark that identifies a column or section that is separately syndicated, or offered for syndication is registrable on the Principal Register, if registration is not barred by other sections of the Act. See In re Broadcasting Publications, Inc., 135 USPQ 374 (TTAB 1962); Ex parte Meredith Publishing Co., 109 USPQ 426 (Comm’r Pats. 1956).
However, a column or section of a printed publication that is not separately sold, syndicated or offered for syndication is not, in and of itself, considered to be separate goods in trade. Therefore, where the specimens, identifications of goods, or other evidence in the record indicates that the mark identifies a column or section of a printed publication not sold separately, syndicated or offered for syndication, the mark should be refused under sections 1, 2 and 45. See TMEP Section 1202.07.
Keep in mind that marks that identify non-syndicated columns or sections are registrable on the Principal Register under Section 2(f), if acquired distinctiveness can be found. They are also registrable on the Supplemental Register.
Keep in mind also that, unlike a printed column or section, an on-line column or section can be accessed directly and can exist independent of a single publication. See Ludden v. Metro Weekly, 8 F. Supp.2d 7, 47 USPQ2d 1087, 1093 (D.D.C. 1998).
Therefore, a mark that identifies an on-line column is registrable on the Principal register without resort to section 2(f), if registration is not barred by other sections of the Act.
On-line columns, like on-linepublications are classified in Class 41, no matter what the subject matter. An acceptable identification is:
Computer services, namely providing on-line [indicate specific nature of publication, e.g. magazine] in the field of [indicate subject matter of publication]
A column or section of an on-line publication would be identified as:
Computer services, namely providing a [column/section] in an on-line [indicate type of publication] in the field of [indicate subject matter of publication]
An on-line magazine in Class 41 must actually look and feel like a magazine. It must contain monthly or periodic articles, sections features, advertisements, credits, etc. The specimens should verify that the information is presented in a magazine format.
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Explanatory Note Regarding Class 17:
Class 17 includes various goods which are classified in Class 17 because of their form, material composition, or purpose, but which would be in another class if in a different form, of a different material composition, or for a different purpose. The use or field of use will be required in most cases because most of the goods in Class 17 are not consumer goods but are industrial goods where the precise nature and use of the goods will not be self‑evident from the common name of the product. Special attention should be paid to the product categories indicated below. Check the ID manual for specific details.
Many items of goods in Class 17 are semi-manufactured industrial products made of plastics. In order to make clear that these goods are semi-manufactured, as opposed to raw materials in Class 1, the identification must indicate the form of the goods. For example, “plastic in the form of blocks, bars, sheets and pellets for use in the further manufacture of...” would be an acceptable identification in Class 17 because the raw material (plastic) has been semi-manufactured into blocks, bars, sheets, or pellets. Plastics in the form of resins, compounds, or powders that would be used to make the bars, blocks, sheets and pellets, are considered raw materials and are classified in Class 1. Note that the use or field of use should be indicated in order to facilitate Section 2(d) analysis as well as a general understanding of just what these industrial goods are.
Anything that performs an insulative function, either as a thermal insulator, acoustic insulator, electrical insulator, or shock or vibration insulator, will be classified in Class 17. This includes “floating anti-pollution barriers,” which are classified as a type of insulating material because they insulate an area from contamination by pollutants.
Adhesive sealants (caulks) and non-medical adhesive tapes that are not used for stationery and general household use are classified in Class 17. Non-sealing, non-stationery adhesives are classified in Class 1; it is the sealing (insulating) function which puts these products in Class 17. Medical tape goes in Class 5.
Flexible, non-metal pipe, tubes, and hose will be classified in Class 17. Metal pipe is classified in Class 6; rigid, non-metal pipe is classified in Class 19; pipes that are part of sanitary installations are in Class 11.
Plastic sheet material for use as a drop cloth, or for use in preventing weed growth, will be classified in Class 17. Plastic sheet material used to prevent erosion will be classified in Class 19. Plastic or vinyl sheet material that performs a tarp-like function (e.g., unfitted swimming pool or hot tub covers, unfitted vehicle covers, unfitted, tarp-like liners for the cargo areas of pick-up trucks) is classified in Class 22. Plastic film used as packaging for food or for industrial or commercial packing is in Class 17. Food wrapping plastic film for household use and plastic film not for industrial or commercial purposes are classified in Class 16.
Plastic packing and padding material used in shipping containers (e.g., crumpled plastic sheet material, “peanuts,” and plastic foam bits) are classified in Class 17 because of the shock or vibration insulating function of these goods.
Includesspecifically:
Ø Plastic sheet material for construction, preventing weed growth, general use (not tarps) Ø Plastic in the form of blocks, bars, sheets and pellets for use in the further manufacture Ø Plastic packing material for shipping containers Ø Flexible non-metal pipe, tubing, and hose Ø Adhesive tape for industrial/commercial use, duct tape, electrical tape, masking tape Ø Dunnage bags (floating bags to contain and absorb oil spills in water) Ø Tinted films for windows Ø Liquid rubber and rubber solutions
Excludesspecifically:
Ø Plastic tarps (Class 22) Ø Plastic sheeting for erosion control (Class 19) Ø Plastic resins, compounds, or powders for use in further manufacture (Class 1) Ø Plastic film not for industrial or commercial purposes (Class 16) Ø Metal pipe (Class 6) Ø Rigid pipes, not of metal (Class 19) Ø Pipes being part of sanitary facilities (Class 11) Ø Adhesive tape for household/stationery use, carton sealing tape (Class 16) Ø Medical tape (Class 5)
Coordinated Classes:(automatically searched when using the coordinated class tag in X-search)
1 chemicals, raw materials, etc. 2 coatings 6 metal goods 19 construction materials 35 retail stores 37 building construction and repair 40 material treatment 42 computer, scientific, legal
A B 200
Related Classes: |