80 FR 80266 - International Trademark Classification Changes

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range		80266-80269
FR Document		2015-32467
The United States Patent and Trademark Office (``USPTO'') issues a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are effective January 1, 2016, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (10th ed., ver. 2016), which is published by the World Intellectual Property Organization (WIPO). In addition, the USPTO is making a change that appeared in an earlier revision of the Nice Agreement and minor revisions to punctuation and grammar to conform to what appears in the Nice Agreement.
Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Rules and Regulations]
[Pages 80266-80269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32467]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2015-0077]
RIN 0651-AD06


International Trademark Classification Changes

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The United States Patent and Trademark Office (``USPTO'') 
issues a final rule to incorporate classification changes adopted by 
the Nice Agreement Concerning the International Classification of Goods 
and Services for the Purposes of the Registration of Marks (Nice 
Agreement). These changes are effective January 1, 2016, and are listed 
in the International Classification of Goods and Services for the 
Purposes of the Registration of Marks (10th ed., ver. 2016), which is 
published by the World Intellectual Property Organization (WIPO). In 
addition, the USPTO is making a change that appeared in an earlier 
revision of the Nice Agreement and minor revisions to punctuation and 
grammar to conform to what appears in the Nice Agreement.

DATES: This rule is effective on January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy 
Commissioner for Trademark Examination Policy, at (571) 272-8946 or 
TMFRNotices@uspto.gov.

SUPPLEMENTARY INFORMATION: 
    Purpose: As noted above, the revised rule benefits the public by 
providing notice regarding classification changes adopted by the Nice 
Agreement that will become effective on January 1, 2016.
    Summary of Major Provisions: The USPTO is revising Sec.  6.1 in 
part 6 of title 37 of the Code of Federal Regulations to incorporate 
classification changes and modifications that will become effective 
January 1, 2016, or that appeared in earlier revisions of the Nice 
Agreement, as listed in the International Classification of Goods and 
Services for the Purposes of the Registration of Marks (10th ed., 2016) 
(Nice Classification), published by WIPO. In addition, the USPTO is 
making minor revisions to punctuation and grammar so that Sec.  6.1 
will conform to what appears in the Nice Agreement.
    The Nice Agreement is a multilateral treaty, administered by WIPO, 
that establishes the international classification of goods and services 
for the purposes of registering trademarks and service marks. As of 
September 1, 1973, this international classification system is the 
controlling system used by the United States, and it applies to all 
applications filed on or after September 1, 1973, and their resulting 
registrations, for all statutory purposes. See 37 CFR 2.85(a). As of 
January 1, 2015, eighty-four states are parties to the Nice Agreement. 
Every signatory to the Nice Agreement must utilize the international 
classification system.
    Each state party to the Nice Agreement is represented in the 
Committee of Experts of the Nice Union (Committee of Experts), which 
meets annually to vote on proposed changes to the Nice Classification. 
Any state that is a party to the Nice Agreement may submit proposals 
for consideration by the other members in accordance with agreed-upon 
rules of procedure. Proposals are currently submitted on an annual 
basis to an electronic forum on

[[Page 80267]]

the WIPO Web site, commented upon, modified, and compiled by WIPO for 
further discussion and voting at the annual Committee of Experts 
meeting.
    In 2013, the Committee of Experts began annual revisions to the 
Nice Classification. The annual revisions, which are published 
electronically and enter into force on January 1 each year, are 
referred to as versions and identified by edition number and year of 
the effective date (e.g., ``Nice Classification, 10th edition, version 
2013'' or ``NCL 10-2013''). Each annual version includes all changes 
adopted by the Committee of Experts since the adoption of the previous 
version. The changes consist of the addition of new goods and services 
to, and deletion of goods and services from, the Alphabetical List, and 
any modifications to the wording in the Alphabetical List, the class 
headings, and the explanatory notes that do not involve the transfer of 
goods or services from one class to another. New editions of the Nice 
Classification continue to be published electronically and include all 
changes adopted annually since the previous edition, as well as goods 
or services transferred from one class to another or new classes that 
are created.
    The annual revisions contained in this final rule, which consist of 
modifications to the class headings, have been incorporated into the 
Nice Agreement by the Committee of Experts. As a signatory to the Nice 
Agreement, the United States adopts these revisions pursuant to Article 
1.
    Costs and Benefits: This rulemaking is not economically significant 
under Executive Order 12866 (Sept. 30, 1993).

Discussion of Rule Changes

    The Office is revising Sec.  6.1 as follows:
    The wording ``metals in foil and powder form for painters, 
decorators, printers and artists'' in Class 2 is amended to ``metals in 
foil and powder form for use in painting, decorating, printing and 
art.''
    The wording ``Pharmaceutical and veterinary preparations'' in Class 
5 is amended to ``Pharmaceuticals, medical and veterinary 
preparations.''
    The wording ``goods of common metal not included in other classes'' 
in Class 6 is deleted.
    The comma after ``apparatus and instruments'' in Class 10 is 
changed to a semicolon.
    The wording ``and goods in precious metals or coated therewith, not 
included in other classes'' in Class 14 is deleted.
    The wording ``Paper, cardboard and goods made from these materials, 
not included in other classes'' in Class 16 is amended to ``Paper and 
cardboard.'' The wording ``(not included in other classes)'' is deleted 
from the phrase ``plastic materials for packaging (not included in 
other classes).''
    The wording ``Rubber, gutta-percha, gum, asbestos, mica and goods 
made from these materials and not included in other classes'' in Class 
17 is amended to ``Unprocessed and semi-processed rubber, gutta-percha, 
gum, asbestos, mica and substitutes for all these materials.''
    The wording ``and goods made of these materials and not included in 
other classes'' is deleted from the phrase ``Leather and imitations of 
leather, and goods made of these materials and not included in other 
classes'' in Class 18.
    The wording ``goods (not included in other classes) of wood, cork, 
reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-
of-pearl, meerschaum and substitutes for all these materials, or of 
plastics'' in Class 20 is amended to ``unworked or semi-worked bone, 
horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow 
amber.''
    The wording ``not included in other classes'' is deleted from the 
phrase ``glassware, porcelain and earthenware not included in other 
classes'' in Class 21.
    The wording ``Ropes, string, nets, tents, awnings, tarpaulins, 
sails, sacks and bags (not included in other classes);'' in Class 22 is 
amended to ``Ropes and string; nets; tents, awnings and tarpaulins; 
sails;'' and the wording ``paper, cardboard,'' is added before the term 
``rubber'' in the phrase ``padding and stuffing materials (except of 
rubber or plastics).''
    The wording ``Textiles and textile goods, not included in other 
classes'' is replaced with ``Textiles and substitutes for textiles'' in 
Class 24.
    The wording ``not included in other classes'' is deleted from the 
phrase ``gymnastic and sporting articles not included in other 
classes'' in Class 28.
    The term ``pastry'' is amended to ``pastries'' in Class 30. The 
term ``edible'' is inserted before the term ``ices.''
    The wording ``Grains and agricultural, horticultural and forestry 
products not included in other classes'' and ``seeds'' in Class 31 is 
amended to ``Agricultural, horticultural and forestry products; raw and 
unprocessed grains and seeds.''

Rulemaking Requirements

    Administrative Procedure Act: The changes in this rulemaking 
involve rules of agency practice and procedure, and/or interpretive 
rules. See Perez v. Mortg. Bankers Ass'n, 135 S. Ct. 1199, 1204 (2015) 
(interpretive rules ``advise the public of the agency's construction of 
the statutes and rules which it administers'') (citation and internal 
quotation marks omitted); Nat'l Org. of Veterans' Advocates v. Sec'y of 
Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that 
clarifies interpretation of a statute is interpretive); Bachow Commc'ns 
Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (rules governing an 
application process are procedural under the Administrative Procedure 
Act); Inova Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 
2001) (rules for handling appeals were procedural where they did not 
change the substantive standard for reviewing claims).
    Accordingly, prior notice and opportunity for public comment for 
the changes in this rulemaking are not required pursuant to 5 U.S.C. 
553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (notice-
and-comment procedures are required neither when an agency ``issue[s] 
an initial interpretive rule'' nor ``when it amends or repeals that 
interpretive rule''); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-
37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 
2(b)(2)(B), does not require notice and comment rulemaking for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice,'' quoting 5 U.S.C. 
553(b)(A)). The 30-day delay in effectiveness is not applicable because 
this rule is not a substantive rule as the changes in this rule have no 
impact on the standard for reviewing trademark applications. As 
discussed above, the changes in this rulemaking involve rules of agency 
practice and procedure, and consist of modifications to the class 
headings that are used to classify goods and services in the trademark-
application process. These changes are administrative in nature and 
will have no substantive impact on the evaluation of a trademark 
application. The purpose of a delay in effectiveness is to allow 
affected parties time to modify their behaviors, businesses, or 
practices to come into compliance with new regulations. This rule 
imposes no additional requirements on the affected entities. Therefore, 
the requirement for a 30-day delay in effectiveness is not applicable, 
and the rule is made effective upon the date of publication.
    Regulatory Flexibility Act: As prior notice and an opportunity for 
public comment are not required pursuant to 5 U.S.C. 553 or any other 
law, neither a Regulatory Flexibility Act analysis, nor a certification 
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), is 
required. See 5 U.S.C. 603.

[[Page 80268]]

    Executive Order 12866 (Regulatory Planning and Review): This 
rulemaking has been determined to be not significant for purposes of 
Executive Order 12866 (Sept. 30, 1993).
    Executive Order 13563 (Improving Regulation and Regulatory Review): 
The USPTO has complied with Executive Order 13563 (Jan. 18, 2011). 
Specifically, the USPTO has, to the extent feasible and applicable: (1) 
Made a reasoned determination that the benefits justify the costs of 
the rule changes; (2) tailored the rules to impose the least burden on 
society consistent with obtaining the regulatory objectives; (3) 
selected a regulatory approach that maximizes net benefits; (4) 
specified performance objectives; (5) identified and assessed available 
alternatives; (6) provided the public with a meaningful opportunity to 
participate in the regulatory process, including soliciting the views 
of those likely affected prior to issuing a notice of proposed 
rulemaking, and provided on-line access to the rulemaking docket; (7) 
attempted to promote coordination, simplification, and harmonization 
across government agencies and identified goals designed to promote 
innovation; (8) considered approaches that reduce burdens and maintain 
flexibility and freedom of choice for the public; and (9) ensured the 
objectivity of scientific and technological information and processes, 
to the extent applicable.
    Executive Order 13132 (Federalism): This rulemaking does not 
contain policies with federalism implications sufficient to warrant 
preparation of a Federalism Assessment under Executive Order 13132 
(Aug. 4, 1999).
    Unfunded Mandates Reform Act of 1995: The changes set forth in this 
rulemaking do not involve a Federal intergovernmental mandate that will 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, of 100 million dollars (as adjusted) or more in any one 
year, or a Federal private sector mandate that will result in the 
expenditure by the private sector of 100 million dollars (as adjusted) 
or more in any one year, and will not significantly or uniquely affect 
small governments. Therefore, no actions are necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 
1501 et seq.
    Paperwork Reduction Act: This final rule does not involve 
information collection requirements which are subject to review by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 37 CFR Part 6

    Administrative practice and procedure, Classification, Trademarks.

    For the reasons given in the preamble and under the authority 
contained in 15 U.S.C. 1112, 1123 and 35 U.S.C. 2, as amended, the 
USPTO is amending part 6 of title 37 as follows:

PART 6--CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK 
ACT

0
1. The authority citation for part 6 continues to read as follows:

    Authority: Secs. 30, 41, 60 Stat. 436, 440; 15 U.S.C. 1112, 
1123; 35 U.S.C. 2, unless otherwise noted.


0
2. Revise Sec.  6.1 to read as follows:


Sec.  6.1  International schedule of classes of goods and services.

Goods

    1. Chemicals used in industry, science and photography, as well as 
in agriculture, horticulture and forestry; unprocessed artificial 
resins, unprocessed plastics; manures; fire extinguishing compositions; 
tempering and soldering preparations; chemical substances for 
preserving foodstuffs; tanning substances; adhesives used in industry.
    2. Paints, varnishes, lacquers; preservatives against rust and 
against deterioration of wood; colorants; mordants; raw natural resins; 
metals in foil and powder form for use in painting, decorating, 
printing and art.
    3. Bleaching preparations and other substances for laundry use; 
cleaning, polishing, scouring and abrasive preparations; soaps; 
perfumery, essential oils, cosmetics, hair lotions; dentifrices.
    4. Industrial oils and greases; lubricants; dust absorbing, wetting 
and binding compositions; fuels (including motor spirit) and 
illuminants; candles and wicks for lighting.
    5. Pharmaceuticals, medical and veterinary preparations; sanitary 
preparations for medical purposes; dietetic food and substances adapted 
for medical use or veterinary use, food for babies; dietary supplements 
for humans and animals; plasters, materials for dressings; material for 
stopping teeth, dental wax; disinfectants; preparations for destroying 
vermin; fungicides, herbicides.
    6. 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; ores.
    7. Machines and machine tools; motors and engines (except for land 
vehicles); machine coupling and transmission components (except for 
land vehicles); agricultural implements other than hand-operated; 
incubators for eggs; automatic vending machines.
    8. Hand tools and implements (hand-operated); cutlery; side arms; 
razors.
    9. Scientific, nautical, surveying, photographic, cinematographic, 
optical, weighing, measuring, signalling, checking (supervision), life-
saving and teaching apparatus and instruments; apparatus and 
instruments for conducting, switching, transforming, accumulating, 
regulating or controlling electricity; apparatus for recording, 
transmission or reproduction of sound or images; magnetic data 
carriers, recording discs; compact discs, DVDs and other digital 
recording media; mechanisms for coin-operated apparatus; cash 
registers, calculating machines, data processing equipment, computers; 
computer software; fire-extinguishing apparatus.
    10. Surgical, medical, dental and veterinary apparatus and 
instruments; artificial limbs, eyes and teeth; orthopedic articles; 
suture materials.
    11. Apparatus for lighting, heating, steam generating, cooking, 
refrigerating, drying, ventilating, water supply and sanitary purposes.
    12. Vehicles; apparatus for locomotion by land, air or water.
    13. Firearms; ammunition and projectiles; explosives; fireworks.
    14. Precious metals and their alloys; jewellery, precious stones; 
horological and chronometric instruments.
    15. Musical instruments.
    16. Paper and cardboard; printed matter; bookbinding material; 
photographs; stationery; adhesives for stationery or household 
purposes; artists' materials; paintbrushes; typewriters and office 
requisites (except furniture); instructional and teaching material 
(except apparatus); plastic materials for packaging; printers' type; 
printing blocks.
    17. Unprocessed and semi-processed rubber, gutta-percha, gum, 
asbestos, mica and substitutes for all these materials; plastics in 
extruded form for use in manufacture; packing, stopping and insulating 
materials; flexible pipes, not of metal.
    18. Leather and imitations of leather; animal skins, hides; trunks 
and travelling bags; umbrellas and parasols; walking sticks; whips, 
harness and saddlery.
    19. Building materials (non-metallic); non-metallic rigid pipes for 
building; asphalt, pitch and bitumen; non-

[[Page 80269]]

metallic transportable buildings; monuments, not of metal.
    20. Furniture, mirrors, picture frames; unworked or semi-worked 
bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; 
yellow amber.
    21. Household or kitchen utensils and containers; combs and 
sponges; brushes (except paintbrushes); brush-making materials; 
articles for cleaning purposes; steelwool; unworked or semi-worked 
glass (except glass used in building); glassware, porcelain and 
earthenware.
    22. Ropes and string; nets; tents, awnings and tarpaulins; sails; 
sacks; padding and stuffing materials (except of paper, cardboard, 
rubber or plastics); raw fibrous textile materials.
    23. Yarns and threads, for textile use.
    24. Textiles and substitutes for textiles; bed covers; table 
covers.
    25. Clothing, footwear, headgear.
    26. Lace and embroidery, ribbons and braid; buttons, hooks and 
eyes, pins and needles; artificial flowers.
    27. Carpets, rugs, mats and matting, linoleum and other materials 
for covering existing floors; wall hangings (non-textile).
    28. Games and playthings; gymnastic and sporting articles; 
decorations for Christmas trees.
    29. Meat, fish, poultry and game; meat extracts; preserved, frozen, 
dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; 
milk and milk products; edible oils and fats.
    30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and 
sago; flour and preparations made from cereals; bread, pastries and 
confectionery; edible ices; sugar, honey, treacle; yeast, baking-
powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
    31. Agricultural, horticultural and forestry products; raw and 
unprocessed grains and seeds; fresh fruits and vegetables; natural 
plants and flowers; live animals; foodstuffs for animals; malt.
    32. Beers; mineral and aerated waters and other non-alcoholic 
beverages; fruit beverages and fruit juices; syrups and other 
preparations for making beverages.
    33. Alcoholic beverages (except beers).
    34. Tobacco; smokers' articles; matches.

Services

    35. Advertising; business management; business administration; 
office functions.
    36. Insurance; financial affairs; monetary affairs; real estate 
affairs.
    37. Building construction; repair; installation services.
    38. Telecommunications.
    39. Transport; packaging and storage of goods; travel arrangement.
    40. Treatment of materials.
    41. Education; providing of training; entertainment; sporting and 
cultural activities.
    42. Scientific and technological services and research and design 
relating thereto; industrial analysis and research services; design and 
development of computer hardware and software.
    43. Services for providing food and drink; temporary accommodation.
    44. Medical services; veterinary services; hygienic and beauty care 
for human beings or animals; agriculture, horticulture and forestry 
services.
    45. Legal services; security services for the protection of 
property and individuals; personal and social services rendered by 
others to meet the needs of individuals.

    Dated: December 18, 2015.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2015-32467 Filed 12-23-15; 8:45 am]
 BILLING CODE 3510-16-P
Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 80267

the WIPO Web site, commented upon, classes)’’ is deleted from the phrase the statutes and rules which it
modified, and compiled by WIPO for ‘‘plastic materials for packaging (not administers’’) (citation and internal
further discussion and voting at the included in other classes).’’ quotation marks omitted); Nat’l Org. of
annual Committee of Experts meeting. The wording ‘‘Rubber, gutta-percha, Veterans’ Advocates v. Sec’y of Veterans
In 2013, the Committee of Experts gum, asbestos, mica and goods made Affairs, 260 F.3d 1365, 1375 (Fed. Cir.
began annual revisions to the Nice from these materials and not included 2001) (rule that clarifies interpretation
Classification. The annual revisions, in other classes’’ in Class 17 is amended of a statute is interpretive); Bachow
which are published electronically and to ‘‘Unprocessed and semi-processed Commc’ns Inc. v. FCC, 237 F.3d 683,
enter into force on January 1 each year, rubber, gutta-percha, gum, asbestos, 690 (D.C. Cir. 2001) (rules governing an
are referred to as versions and identified mica and substitutes for all these application process are procedural
by edition number and year of the materials.’’ under the Administrative Procedure
effective date (e.g., ‘‘Nice Classification, The wording ‘‘and goods made of Act); Inova Alexandria Hosp. v. Shalala,
10th edition, version 2013’’ or ‘‘NCL 10– these materials and not included in 244 F.3d 342, 350 (4th Cir. 2001) (rules
2013’’). Each annual version includes all other classes’’ is deleted from the phrase for handling appeals were procedural
changes adopted by the Committee of ‘‘Leather and imitations of leather, and where they did not change the
Experts since the adoption of the goods made of these materials and not substantive standard for reviewing
previous version. The changes consist of included in other classes’’ in Class 18. claims).
the addition of new goods and services The wording ‘‘goods (not included in Accordingly, prior notice and
to, and deletion of goods and services other classes) of wood, cork, reed, cane, opportunity for public comment for the
from, the Alphabetical List, and any wicker, horn, bone, ivory, whalebone, changes in this rulemaking are not
modifications to the wording in the shell, amber, mother-of-pearl, required pursuant to 5 U.S.C. 553(b) or
Alphabetical List, the class headings, meerschaum and substitutes for all (c), or any other law. See Perez, 135 S.
and the explanatory notes that do not these materials, or of plastics’’ in Class Ct. at 1206 (notice-and-comment
involve the transfer of goods or services 20 is amended to ‘‘unworked or semi- procedures are required neither when
from one class to another. New editions worked bone, horn, ivory, whalebone or an agency ‘‘issue[s] an initial
of the Nice Classification continue to be mother-of-pearl; shells; meerschaum; interpretive rule’’ nor ‘‘when it amends
published electronically and include all yellow amber.’’ or repeals that interpretive rule’’);
changes adopted annually since the The wording ‘‘not included in other Cooper Techs. Co. v. Dudas, 536 F.3d
previous edition, as well as goods or classes’’ is deleted from the phrase 1330, 1336–37 (Fed. Cir. 2008) (stating
services transferred from one class to ‘‘glassware, porcelain and earthenware that 5 U.S.C. 553, and thus 35 U.S.C.
another or new classes that are created. not included in other classes’’ in Class 2(b)(2)(B), does not require notice and
The annual revisions contained in 21. comment rulemaking for ‘‘interpretative
this final rule, which consist of The wording ‘‘Ropes, string, nets, rules, general statements of policy, or
modifications to the class headings, tents, awnings, tarpaulins, sails, sacks rules of agency organization, procedure,
have been incorporated into the Nice and bags (not included in other or practice,’’ quoting 5 U.S.C.
Agreement by the Committee of Experts. classes);’’ in Class 22 is amended to 553(b)(A)). The 30-day delay in
As a signatory to the Nice Agreement, ‘‘Ropes and string; nets; tents, awnings effectiveness is not applicable because
the United States adopts these revisions and tarpaulins; sails;’’ and the wording this rule is not a substantive rule as the
pursuant to Article 1. ‘‘paper, cardboard,’’ is added before the changes in this rule have no impact on
Costs and Benefits: This rulemaking is term ‘‘rubber’’ in the phrase ‘‘padding the standard for reviewing trademark
not economically significant under and stuffing materials (except of rubber applications. As discussed above, the
Executive Order 12866 (Sept. 30, 1993). or plastics).’’ changes in this rulemaking involve rules
The wording ‘‘Textiles and textile
Discussion of Rule Changes of agency practice and procedure, and
goods, not included in other classes’’ is
consist of modifications to the class
The Office is revising § 6.1 as follows: replaced with ‘‘Textiles and substitutes
headings that are used to classify goods
The wording ‘‘metals in foil and for textiles’’ in Class 24.
The wording ‘‘not included in other and services in the trademark-
powder form for painters, decorators,
classes’’ is deleted from the phrase application process. These changes are
printers and artists’’ in Class 2 is
‘‘gymnastic and sporting articles not administrative in nature and will have
amended to ‘‘metals in foil and powder
included in other classes’’ in Class 28. no substantive impact on the evaluation
form for use in painting, decorating,
The term ‘‘pastry’’ is amended to of a trademark application. The purpose
printing and art.’’
The wording ‘‘Pharmaceutical and ‘‘pastries’’ in Class 30. The term of a delay in effectiveness is to allow
veterinary preparations’’ in Class 5 is ‘‘edible’’ is inserted before the term affected parties time to modify their
amended to ‘‘Pharmaceuticals, medical ‘‘ices.’’ behaviors, businesses, or practices to
and veterinary preparations.’’ The wording ‘‘Grains and agricultural, come into compliance with new
The wording ‘‘goods of common metal horticultural and forestry products not regulations. This rule imposes no
not included in other classes’’ in Class included in other classes’’ and ‘‘seeds’’ additional requirements on the affected
6 is deleted. in Class 31 is amended to ‘‘Agricultural, entities. Therefore, the requirement for
The comma after ‘‘apparatus and horticultural and forestry products; raw a 30-day delay in effectiveness is not
instruments’’ in Class 10 is changed to and unprocessed grains and seeds.’’ applicable, and the rule is made
a semicolon. effective upon the date of publication.
The wording ‘‘and goods in precious Rulemaking Requirements Regulatory Flexibility Act: As prior
metals or coated therewith, not included Administrative Procedure Act: The notice and an opportunity for public
tkelley on DSK3SPTVN1PROD with RULES

in other classes’’ in Class 14 is deleted. changes in this rulemaking involve rules comment are not required pursuant to 5
The wording ‘‘Paper, cardboard and of agency practice and procedure, and/ U.S.C. 553 or any other law, neither a
goods made from these materials, not or interpretive rules. See Perez v. Mortg. Regulatory Flexibility Act analysis, nor
included in other classes’’ in Class 16 is Bankers Ass’n, 135 S. Ct. 1199, 1204 a certification under the Regulatory
amended to ‘‘Paper and cardboard.’’ The (2015) (interpretive rules ‘‘advise the Flexibility Act (5 U.S.C. 601, et seq.), is
wording ‘‘(not included in other public of the agency’s construction of required. See 5 U.S.C. 603.

VerDate Sep<11>2014 17:12 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\24DER1.SGM 24DER1
80268 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations

Executive Order 12866 (Regulatory List of Subjects in 37 CFR Part 6 7. Machines and machine tools;
Planning and Review): This rulemaking Administrative practice and motors and engines (except for land
has been determined to be not procedure, Classification, Trademarks. vehicles); machine coupling and
significant for purposes of Executive For the reasons given in the preamble transmission components (except for
Order 12866 (Sept. 30, 1993). and under the authority contained in 15 land vehicles); agricultural implements
Executive Order 13563 (Improving U.S.C. 1112, 1123 and 35 U.S.C. 2, as other than hand-operated; incubators for
Regulation and Regulatory Review): The amended, the USPTO is amending part eggs; automatic vending machines.
USPTO has complied with Executive 6 of title 37 as follows: 8. Hand tools and implements (hand-
Order 13563 (Jan. 18, 2011). operated); cutlery; side arms; razors.
Specifically, the USPTO has, to the PART 6—CLASSIFICATION OF GOODS 9. Scientific, nautical, surveying,
extent feasible and applicable: (1) Made AND SERVICES UNDER THE photographic, cinematographic, optical,
a reasoned determination that the TRADEMARK ACT weighing, measuring, signalling,
benefits justify the costs of the rule checking (supervision), life-saving and
changes; (2) tailored the rules to impose ■ 1. The authority citation for part 6 teaching apparatus and instruments;
the least burden on society consistent continues to read as follows: apparatus and instruments for
with obtaining the regulatory objectives; Authority: Secs. 30, 41, 60 Stat. 436, 440; conducting, switching, transforming,
(3) selected a regulatory approach that 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless accumulating, regulating or controlling
maximizes net benefits; (4) specified otherwise noted. electricity; apparatus for recording,
performance objectives; (5) identified ■ 2. Revise § 6.1 to read as follows: transmission or reproduction of sound
and assessed available alternatives; (6) or images; magnetic data carriers,
provided the public with a meaningful § 6.1 International schedule of classes of recording discs; compact discs, DVDs
goods and services. and other digital recording media;
opportunity to participate in the
regulatory process, including soliciting Goods mechanisms for coin-operated
the views of those likely affected prior apparatus; cash registers, calculating
1. Chemicals used in industry, science machines, data processing equipment,
to issuing a notice of proposed and photography, as well as in
rulemaking, and provided on-line access computers; computer software; fire-
agriculture, horticulture and forestry; extinguishing apparatus.
to the rulemaking docket; (7) attempted unprocessed artificial resins,
to promote coordination, simplification, 10. Surgical, medical, dental and
unprocessed plastics; manures; fire veterinary apparatus and instruments;
and harmonization across government extinguishing compositions; tempering
agencies and identified goals designed artificial limbs, eyes and teeth;
and soldering preparations; chemical orthopedic articles; suture materials.
to promote innovation; (8) considered substances for preserving foodstuffs;
approaches that reduce burdens and 11. Apparatus for lighting, heating,
tanning substances; adhesives used in
maintain flexibility and freedom of steam generating, cooking, refrigerating,
industry.
choice for the public; and (9) ensured 2. Paints, varnishes, lacquers; drying, ventilating, water supply and
the objectivity of scientific and preservatives against rust and against sanitary purposes.
technological information and deterioration of wood; colorants; 12. Vehicles; apparatus for
processes, to the extent applicable. mordants; raw natural resins; metals in locomotion by land, air or water.
foil and powder form for use in 13. Firearms; ammunition and
Executive Order 13132 (Federalism):
painting, decorating, printing and art. projectiles; explosives; fireworks.
This rulemaking does not contain
3. Bleaching preparations and other 14. Precious metals and their alloys;
policies with federalism implications
substances for laundry use; cleaning, jewellery, precious stones; horological
sufficient to warrant preparation of a
polishing, scouring and abrasive and chronometric instruments.
Federalism Assessment under Executive
Order 13132 (Aug. 4, 1999). preparations; soaps; perfumery, 15. Musical instruments.
essential oils, cosmetics, hair lotions; 16. Paper and cardboard; printed
Unfunded Mandates Reform Act of matter; bookbinding material;
dentifrices.
1995: The changes set forth in this photographs; stationery; adhesives for
4. Industrial oils and greases;
rulemaking do not involve a Federal stationery or household purposes;
lubricants; dust absorbing, wetting and
intergovernmental mandate that will artists’ materials; paintbrushes;
binding compositions; fuels (including
result in the expenditure by State, local, typewriters and office requisites (except
motor spirit) and illuminants; candles
and tribal governments, in the aggregate, furniture); instructional and teaching
and wicks for lighting.
of 100 million dollars (as adjusted) or 5. Pharmaceuticals, medical and material (except apparatus); plastic
more in any one year, or a Federal veterinary preparations; sanitary materials for packaging; printers’ type;
private sector mandate that will result preparations for medical purposes; printing blocks.
in the expenditure by the private sector dietetic food and substances adapted for 17. Unprocessed and semi-processed
of 100 million dollars (as adjusted) or medical use or veterinary use, food for rubber, gutta-percha, gum, asbestos,
more in any one year, and will not babies; dietary supplements for humans mica and substitutes for all these
significantly or uniquely affect small and animals; plasters, materials for materials; plastics in extruded form for
governments. Therefore, no actions are dressings; material for stopping teeth, use in manufacture; packing, stopping
necessary under the provisions of the dental wax; disinfectants; preparations and insulating materials; flexible pipes,
Unfunded Mandates Reform Act of for destroying vermin; fungicides, not of metal.
1995. See 2 U.S.C. 1501 et seq. herbicides. 18. Leather and imitations of leather;
Paperwork Reduction Act: This final 6. Common metals and their alloys; animal skins, hides; trunks and
tkelley on DSK3SPTVN1PROD with RULES

rule does not involve information metal building materials; transportable travelling bags; umbrellas and parasols;
collection requirements which are buildings of metal; materials of metal for walking sticks; whips, harness and
subject to review by the Office of railway tracks; non-electric cables and saddlery.
Management and Budget (OMB) under wires of common metal; ironmongery, 19. Building materials (non-metallic);
the Paperwork Reduction Act of 1995 small items of metal hardware; pipes non-metallic rigid pipes for building;
(44 U.S.C. 3501 et seq.). and tubes of metal; safes; ores. asphalt, pitch and bitumen; non-

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Document Created: 2015-12-24 02:25:22
Document Modified: 2015-12-24 02:25:22
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on January 1, 2016.
Contact		Catherine Cain, Office of the Deputy Commissioner for Trademark Examination Policy, at (571) 272-8946 or [email protected]
FR Citation		80 FR 80266
RIN Number		0651-AD06
CFR Associated		Administrative Practice and Procedure; Classification and Trademarks
80 FR 80266 - International Trademark Classification Changes

DEPARTMENT OF COMMERCEUnited States Patent and Trademark Office

Federal Register Volume 80, Issue 247 (December 24, 2015)

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
