83 FR 62711 - International Trademark Classification Changes

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range		62711-62714
FR Document		2018-26373
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, 2019, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed., ver. 2019), which is published by the World Intellectual Property Organization (WIPO).
Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62711-62714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26373]



[[Page 62711]]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2018-0063]
RIN 0651-AD32


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, 2019, and are listed 
in the International Classification of Goods and Services for the 
Purposes of the Registration of Marks (11th ed., ver. 2019), which is 
published by the World Intellectual Property Organization (WIPO).

DATES: This rule is effective on January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy 
Commissioner for Trademark Examination Policy, (571) 272-8946, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Purpose: As noted above, this final rule incorporates 
classification changes adopted by the Nice Agreement that will become 
effective on January 1, 2019. This rule benefits the public by 
providing notice regarding these changes.
    Summary of Major Provisions: The USPTO is revising Sec.  
[thinsp]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, 2019, as listed in the International 
Classification of Goods and Services for the Purposes of the 
Registration of Marks (11th ed., 2019) (Nice Classification), published 
by WIPO.
    The Nice Agreement is a multilateral treaty, administered by WIPO, 
which 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). 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 the WIPO website, 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 version, 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 consist of 
modifications to the class headings that were incorporated into the 
Nice Agreement during the 28th Session of the Committee of Experts, 
from April 30, 2018 through May 4, 2018. Under the Nice Classification, 
there are 34 classes of goods and 11 classes of services, each with a 
class heading. Class headings generally indicate the fields to which 
goods and services belong. Specifically, this rule adds new, or deletes 
existing, goods and services from 15 class headings. The changes to the 
class headings further define the types of goods and/or services 
appropriate to the class. As a signatory to the Nice Agreement, the 
United States adopts these revisions pursuant to Article 1.

Discussion of Regulatory Changes

    The USPTO is revising Sec.  [thinsp]6.1 as follows:
    In Class 5, the wording ``dietary supplements for humans and 
animals'' is amended to ``dietary supplements for human beings and 
animals.''
    In Class 9, the wording ``Scientific, nautical, surveying, 
photographic, cinematographic, optical, weighing, measuring, 
signalling, checking (supervision), life-saving and teaching apparatus 
and instruments'' is amended to add ``research'' after ``scientific,'' 
amend ``nautical'' to ``navigation,'' add ``audiovisual'' after 
``cinematographic,'' and amend ``checking (supervision)'' to 
``detecting, testing, inspecting.'' The wording ``apparatus and 
instruments for conducting, switching, transforming, accumulating, 
regulating or controlling electricity'' is amended to add ``the 
distribution or use of'' after ``controlling.'' The wording ``apparatus 
for recording, transmission or reproduction of sound or images'' is 
amended to add ``and instruments'' after ``apparatus,'' amend 
``transmission or reproduction of'' to ``transmitting, reproducing or 
processing,'' and amend ``sound or images'' to ``sound, images or 
data.'' The wording ``magnetic data carriers, recording discs'' is 
deleted and replaced with ``recorded and downloadable media, computer 
software, blank digital or analogue recording or storage media.'' The 
wording ``compact discs, DVDs and other digital recording media'' is 
deleted. The wording ``cash registers, calculating machines, data 
processing equipment, computers'' is amended to ``cash registers, 
calculating devices.'' The wording ``computers and computer peripheral 
devices'' is added thereafter. The wording ``computer software'' is 
deleted. The wording ``diving suits, divers' masks, ear plugs for 
divers, nose clips for diver sand swimmers, gloves for divers, 
breathing apparatus for underwater swimming'' is added thereafter.
    In Class 11, ``Apparatus for lighting'' is amended to ``Apparatus 
and installations for lighting,'' and ``cooling'' is added before the 
wording ``steam generating.'' ``Refrigerating'' is deleted.
    In Class 15, the wording ``music stands and stands for musical 
instruments; conductors' batons'' is added.
    In Class 19, ``Building materials (non-metallic)'' is amended to 
``Materials, not of metal, for building and construction.'' The wording 
``non-metallic rigid pipes for building'' is amended to ``rigid pipes, 
not of metal, for building.'' The wording ``asphalt, pitch and 
bitumen'' is

[[Page 62712]]

amended to add a comma after ``pitch'' and the wording ``tar'' 
thereafter. The wording ``non-metallic transportable buildings'' is 
amended to ``transportable buildings, not of metal.''
    In Class 23, ``yarns and threads, for textile use,'' is amended to 
delete the comma after ``threads.''
    In Class 25, the wording ``headgear'' is amended to ``headwear.''
    In Class 26, the wording ``Lace and embroidery, ribbons and braid'' 
is amended to add a comma after ``Lace'' and the wording ``braid'' 
thereafter, add ``and haberdashery'' before ``ribbons,'' and amend 
``braid'' to ``bows.''
    In Class 27, the wording ``wall hangings (non-textile)'' is amended 
to ``wall hangings, not of textile.''
    In Class 29, ``milk and milk products'' is amended to ``milk, 
cheese, butter, yoghurt and other milk products.''
    In Class 30, ``rice'' is amended to add a comma and the wording 
``pasta and noodles'' thereafter. The wording ``chocolate;'' is added 
after ``bread, pastries and confectionery.'' The wording ``ice cream, 
sorbets and other'' is added before ``edible ices.'' The wording 
``salt;'' is amended to replace the semi-colon with a comma and add the 
wording ``seasonings, spices, preserved herbs;'' thereafter. The 
wording ``mustard;'' is deleted. The wording ``vinegar, sauces 
(condiments);'' is amended to add the wording ``and other'' before 
``condiments'' and delete the parentheses. The wording ``spices;'' is 
deleted where it appears as a separate clause.
    In Class 32, the wording ``non-alcoholic beverages;'' is added 
after ``Beers.'' The wording ``mineral and aerated water and other non-
alcoholic beverages'' is amended to delete ``and other non-alcoholic 
beverages.'' The wording ``syrups and other preparations for making 
beverages'' is amended to add ``non-alcoholic'' before 
``preparations.''
    In Class 33, the wording ``Alcoholic beverages (except beers)'' is 
amended to add a comma after ``beverages'' and delete the parentheses. 
The wording ``alcoholic preparations for making beverages'' is added 
thereafter.
    In Class 34, ``Tobacco'' is amended to add ``and tobacco 
substitutes'' thereafter. The wording ``cigarettes and cigars; 
electronic cigarettes and oral vaporizers for smokers;'' is added 
before ``smokers' articles.''
    In Class 42, the wording ``industrial analysis and research 
services'' is amended to add ``industrial'' before ``research.''

Rulemaking Requirements

    A. 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 January 1, 2019.
    B. 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.
    C. 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).
    D. 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; (2) tailored the rule 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) involved the public in an open exchange of 
information and perspectives among experts in relevant disciplines, 
affected stakeholders in the private sector and the public as a whole, 
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.
    E. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs): This rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.
    F. 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).
    G. Executive Order 13175 (Tribal Consultation): This rulemaking 
will not: (1) Have substantial direct effects on one or more Indian 
tribes; (2) impose substantial direct compliance costs on Indian tribal 
governments; or (3) preempt tribal law. Therefore, a tribal summary 
impact statement is not required under Executive Order 13175 (Nov. 6, 
2000).

[[Page 62713]]

    H. Executive Order 13211 (Energy Effects): This rulemaking is not a 
significant energy action under Executive Order 13211 because this 
rulemaking is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy. Therefore, a Statement of 
Energy Effects is not required under Executive Order 13211 (May 18, 
2001).
    I. Executive Order 12988 (Civil Justice Reform): This rulemaking 
meets applicable standards to minimize litigation, eliminate ambiguity, 
and reduce burden as set forth in sections 3(a) and 3(b)(2) of 
Executive Order 12988 (Feb. 5, 1996).
    J. Executive Order 13045 (Protection of Children): This rulemaking 
does not concern an environmental risk to health or safety that may 
disproportionately affect children under Executive Order 13045 (Apr. 
21, 1997).
    K. Executive Order 12630 (Taking of Private Property): This 
rulemaking will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Mar. 15, 1988).
    L. Congressional Review Act: Under the Congressional Review Act 
provisions of the Small Business Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the USPTO 
will submit a report containing the final rule and other required 
information to the United States Senate, the United States House of 
Representatives, and the Comptroller General of the Government 
Accountability Office. The changes in this notice are not expected to 
result in an annual effect on the economy of 100 million dollars or 
more, a major increase in costs or prices, or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets. 
Therefore, this notice is not expected to result in a ``major rule'' as 
defined in 5 U.S.C. 804(2).
    M. Unfunded Mandates Reform Act of 1995: The changes set forth in 
this notice 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.
    N. National Environmental Policy Act: This rulemaking will not have 
any effect on the quality of the environment and is thus categorically 
excluded from review under the National Environmental Policy Act of 
1969. See 42 U.S.C. 4321 et seq.
    O. National Technology Transfer and Advancement Act: The 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because 
this rulemaking does not contain provisions that involve the use of 
technical standards.
    P. 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 37 CFR 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.  [thinsp]6.1 to read as follows:


Sec.  [thinsp]6.1  International schedule of classes of goods and 
services.

Goods

    Chemicals for use in industry, science and photography, as well as 
in agriculture, horticulture and forestry; unprocessed artificial 
resins, unprocessed plastics; fire extinguishing and fire prevention 
compositions; tempering and soldering preparations; substances for 
tanning animal skins and hides; adhesives for use in industry; putties 
and other paste fillers; compost, manures, fertilizers; biological 
preparations for use in industry and science.
    2. Paints, varnishes, lacquers; preservatives against rust and 
against deterioration of wood; colorants, dyes; inks for printing, 
marking and engraving; raw natural resins; metals in foil and powder 
form for use in painting, decorating, printing and art.
    3. Non-medicated cosmetics and toiletry preparations; non-medicated 
dentifrices; perfumery, essential oils; bleaching preparations and 
other substances for laundry use; cleaning, polishing, scouring and 
abrasive preparations.
    4. Industrial oils and greases, wax; lubricants; dust absorbing, 
wetting and binding compositions; fuels 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 or veterinary use, food for babies; dietary supplements for 
human beings 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, ores; metal materials for 
building and construction; transportable buildings of metal; non-
electric cables and wires of common metal; small items of metal 
hardware; metal containers for storage or transport; safes.
    7. Machines, machine tools, power-operated tools; motors and 
engines, except for land vehicles; machine coupling and transmission 
components, except for land vehicles; agricultural implements, other 
than hand-operated hand tools; incubators for eggs; automatic vending 
machines.
    8. Hand tools and implements, hand-operated; cutlery; side arms, 
except firearms; razors.
    9. Scientific, research, navigation, surveying, photographic, 
cinematographic, audiovisual, optical, weighing, measuring, signalling, 
detecting, testing, inspecting, life-saving and teaching apparatus and 
instruments; apparatus and instruments for conducting, switching, 
transforming, accumulating, regulating or controlling the distribution 
or use of electricity; apparatus and instruments for recording, 
transmitting, reproducing or processing sound, images or data; recorded 
and downloadable media, computer software, blank digital or analogue 
recording and storage media; mechanisms for coin-operated apparatus; 
cash registers, calculating devices; computers and computer peripheral 
devices; diving suits, divers' masks, ear plugs for divers, nose clips 
for divers and swimmers, gloves for divers, breathing apparatus for 
underwater swimming; fire-extinguishing apparatus.
    10. Surgical, medical, dental and veterinary apparatus and 
instruments; artificial limbs, eyes and teeth;

[[Page 62714]]

orthopaedic articles; suture materials; therapeutic and assistive 
devices adapted for the disabled; massage apparatus; apparatus, devices 
and articles for nursing infants; sexual activity apparatus, devices 
and articles.
    11. Apparatus and installations for lighting, heating, cooling, 
steam generating, cooking, 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 and semi-
precious stones; horological and chronometric instruments.
    15. Musical instruments; music stands and stands for musical 
instruments; conductors' batons.
    16. Paper and cardboard; printed matter; bookbinding material; 
photographs; stationery and office requisites, except furniture; 
adhesives for stationery or household purposes; drawing materials and 
materials for artists; paintbrushes; instructional and teaching 
materials; plastic sheets, films and bags for wrapping and packaging; 
printers' type, printing blocks.
    17. Unprocessed and semi-processed rubber, gutta-percha, gum, 
asbestos, mica and substitutes for all these materials; plastics and 
resins in extruded form for use in manufacture; packing, stopping and 
insulating materials; flexible pipes, tubes and hoses, not of metal.
    18. Leather and imitations of leather; animal skins and hides; 
luggage and carrying bags; umbrellas and parasols; walking sticks; 
whips, harness and saddlery; collars, leashes and clothing for animals.
    19. Materials, not of metal, for building and construction; rigid 
pipes, not of metal, for building; asphalt, pitch, tar and bitumen; 
transportable buildings, not of metal; monuments, not of metal.
    20. Furniture, mirrors, picture frames; containers, not of metal, 
for storage or transport; unworked or semi-worked bone, horn, whalebone 
or mother-of-pearl; shells; meerschaum; yellow amber.
    21. Household or kitchen utensils and containers; cookware and 
tableware, except forks, knives and spoons; combs and sponges; brushes, 
except paintbrushes; brush-making materials; articles for cleaning 
purposes; unworked or semi-worked glass, except building glass; 
glassware, porcelain and earthenware.
    22. Ropes and string; nets; tents and tarpaulins; awnings of 
textile or synthetic materials; sails; sacks for the transport and 
storage of materials in bulk; padding, cushioning and stuffing 
materials, except of paper, cardboard, rubber or plastics; raw fibrous 
textile materials and substitutes therefor.
    23. Yarns and threads for textile use.
    24. Textiles and substitutes for textiles; household linen; 
curtains of textile or plastic.
    25. Clothing, footwear, headwear.
    26. Lace, braid and embroidery, and haberdashery ribbons and bows; 
buttons, hooks and eyes, pins and needles; artificial flowers; hair 
decorations; false hair.
    27. Carpets, rugs, mats and matting, linoleum and other materials 
for covering existing floors; wall hangings, not of textile.
    28. Games, toys and playthings; video game apparatus; 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, cheese, butter, yoghurt and other milk products; oils and fats 
for food.
    30. Coffee, tea, cocoa and artificial coffee; rice, pasta and 
noodles; tapioca and sago; flour and preparations made from cereals; 
bread, pastries and confectionery; chocolate; ice cream, sorbets and 
other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, 
seasonings, spices, preserved herbs; vinegar, sauces and other 
condiments; ice (frozen water).
    31. Raw and unprocessed agricultural, aquacultural, horticultural 
and forestry products; raw and unprocessed grains and seeds; fresh 
fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, 
seedlings and seeds for planting; live animals; foodstuffs and 
beverages for animals; malt.
    32. Beers; non-alcoholic beverages; mineral and aerated waters; 
fruit beverages and fruit juices; syrups and other non-alcoholic 
preparations for making beverages.
    33. Alcoholic beverages, except beers; alcoholic preparations for 
making beverages.
    34. Tobacco and tobacco substitutes; cigarettes and cigars; 
electronic cigarettes and oral vaporizers for smokers; 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 industrial 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 physical protection 
of tangible property and individuals; personal and social services 
rendered by others to meet the needs of individuals.

    Dated: November 28, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2018-26373 Filed 12-4-18; 8:45 am]
BILLING CODE 3510-16-P
62712 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

amended to add a comma after ‘‘pitch’’ Rulemaking Requirements B. Regulatory Flexibility Act: As prior
and the wording ‘‘tar’’ thereafter. The A. Administrative Procedure Act: The notice and an opportunity for public
wording ‘‘non-metallic transportable changes in this rulemaking involve rules comment are not required pursuant to 5
buildings’’ is amended to ‘‘transportable of agency practice and procedure, and/ U.S.C. 553 or any other law, neither a
buildings, not of metal.’’ or interpretive rules. See Perez v. Mortg. Regulatory Flexibility Act analysis, nor
In Class 23, ‘‘yarns and threads, for Bankers Ass’n, 135 S. Ct. 1199, 1204 a certification under the Regulatory
textile use,’’ is amended to delete the (2015) (Interpretive rules ‘‘advise the Flexibility Act (5 U.S.C. 601 et seq.), is
comma after ‘‘threads.’’ public of the agency’s construction of required. See 5 U.S.C. 603.
In Class 25, the wording ‘‘headgear’’ the statutes and rules which it C. Executive Order 12866 (Regulatory
is amended to ‘‘headwear.’’ administers.’’ (citation and internal Planning and Review): This rulemaking
In Class 26, the wording ‘‘Lace and quotation marks omitted)); Nat’l Org. of has been determined to be not
embroidery, ribbons and braid’’ is Veterans’ Advocates v. Sec’y of Veterans significant for purposes of Executive
amended to add a comma after ‘‘Lace’’ Affairs, 260 F.3d 1365, 1375 (Fed. Cir. Order 12866 (Sept. 30, 1993).
and the wording ‘‘braid’’ thereafter, add 2001) (Rule that clarifies interpretation D. Executive Order 13563 (Improving
‘‘and haberdashery’’ before ‘‘ribbons,’’ of a statute is interpretive.); Bachow Regulation and Regulatory Review): The
and amend ‘‘braid’’ to ‘‘bows.’’ Commc’ns Inc. v. FCC, 237 F.3d 683, USPTO has complied with Executive
In Class 27, the wording ‘‘wall 690 (D.C. Cir. 2001) (Rules governing an Order 13563 (Jan. 18, 2011).
hangings (non-textile)’’ is amended to application process are procedural Specifically, the USPTO has, to the
‘‘wall hangings, not of textile.’’ under the Administrative Procedure extent feasible and applicable: (1) Made
Act.); Inova Alexandria Hosp. v. a reasoned determination that the
In Class 29, ‘‘milk and milk products’’
Shalala, 244 F.3d 342, 350 (4th Cir. benefits justify the costs of the rule; (2)
is amended to ‘‘milk, cheese, butter,
2001) (Rules for handling appeals were tailored the rule to impose the least
yoghurt and other milk products.’’
procedural where they did not change burden on society consistent with
In Class 30, ‘‘rice’’ is amended to add obtaining the regulatory objectives; (3)
a comma and the wording ‘‘pasta and the substantive standard for reviewing
claims.). selected a regulatory approach that
noodles’’ thereafter. The wording maximizes net benefits; (4) specified
Accordingly, prior notice and
‘‘chocolate;’’ is added after ‘‘bread, performance objectives; (5) identified
opportunity for public comment for the
pastries and confectionery.’’ The and assessed available alternatives; (6)
changes in this rulemaking are not
wording ‘‘ice cream, sorbets and other’’ involved the public in an open
required pursuant to 5 U.S.C. 553(b) or
is added before ‘‘edible ices.’’ The exchange of information and
(c), or any other law. See Perez, 135 S.
wording ‘‘salt;’’ is amended to replace perspectives among experts in relevant
Ct. at 1206 (Notice-and-comment
the semi-colon with a comma and add disciplines, affected stakeholders in the
procedures are required neither when
the wording ‘‘seasonings, spices, private sector and the public as a whole,
an agency ‘‘issue[s] an initial
preserved herbs;’’ thereafter. The and provided on-line access to the
interpretive rule’’ nor ‘‘when it amends
wording ‘‘mustard;’’ is deleted. The rulemaking docket; (7) attempted to
or repeals that interpretive rule.’’);
wording ‘‘vinegar, sauces promote coordination, simplification,
Cooper Techs. Co. v. Dudas, 536 F.3d
(condiments);’’ is amended to add the and harmonization across government
1330, 1336–37 (Fed. Cir. 2008) (stating
wording ‘‘and other’’ before agencies and identified goals designed
that 5 U.S.C. 553, and thus 35 U.S.C.
‘‘condiments’’ and delete the to promote innovation; (8) considered
2(b)(2)(B), does not require notice and
parentheses. The wording ‘‘spices;’’ is approaches that reduce burdens and
comment rulemaking for ‘‘interpretative
deleted where it appears as a separate maintain flexibility and freedom of
rules, general statements of policy, or
clause. choice for the public; and (9) ensured
rules of agency organization, procedure,
In Class 32, the wording ‘‘non- or practice’’ (quoting 5 U.S.C. the objectivity of scientific and
alcoholic beverages;’’ is added after 553(b)(A))). technological information and
‘‘Beers.’’ The wording ‘‘mineral and The 30-day delay in effectiveness is processes.
aerated water and other non-alcoholic not applicable because this rule is not E. Executive Order 13771 (Reducing
beverages’’ is amended to delete ‘‘and a substantive rule as the changes in this Regulation and Controlling Regulatory
other non-alcoholic beverages.’’ The rule have no impact on the standard for Costs): This rule is not an Executive
wording ‘‘syrups and other preparations reviewing trademark applications. As Order 13771 regulatory action because
for making beverages’’ is amended to discussed above, the changes in this this rule is not significant under
add ‘‘non-alcoholic’’ before rulemaking involve rules of agency Executive Order 12866.
‘‘preparations.’’ practice and procedure, and consist of F. Executive Order 13132
In Class 33, the wording ‘‘Alcoholic modifications to the class headings that (Federalism): This rulemaking does not
beverages (except beers)’’ is amended to are used to classify goods and services contain policies with federalism
add a comma after ‘‘beverages’’ and in the trademark application process. implications sufficient to warrant
delete the parentheses. The wording These changes are administrative in preparation of a Federalism Assessment
‘‘alcoholic preparations for making nature and will have no substantive under Executive Order 13132 (Aug. 4,
beverages’’ is added thereafter. impact on the evaluation of a trademark 1999).
In Class 34, ‘‘Tobacco’’ is amended to application. The purpose of a delay in G. Executive Order 13175 (Tribal
add ‘‘and tobacco substitutes’’ effectiveness is to allow affected parties Consultation): This rulemaking will not:
thereafter. The wording ‘‘cigarettes and time to modify their behaviors, (1) Have substantial direct effects on one
khammond on DSK30JT082PROD with RULES

cigars; electronic cigarettes and oral businesses, or practices to come into or more Indian tribes; (2) impose
vaporizers for smokers;’’ is added before compliance with new regulations. This substantial direct compliance costs on
‘‘smokers’ articles.’’ rule imposes no additional requirements Indian tribal governments; or (3)
In Class 42, the wording ‘‘industrial on the affected entities. Therefore, the preempt tribal law. Therefore, a tribal
analysis and research services’’ is requirement for a 30-day delay in summary impact statement is not
amended to add ‘‘industrial’’ before effectiveness is not applicable, and the required under Executive Order 13175
‘‘research.’’ rule is made effective January 1, 2019. (Nov. 6, 2000).

VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1
Document Created: 2018-12-05 02:36:11
Document Modified: 2018-12-05 02:36:11
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, 2019.
Contact		Catherine Cain, Office of the Deputy Commissioner for Trademark Examination Policy, (571) 272-8946, [email protected]
FR Citation		83 FR 62711
RIN Number		0651-AD32
CFR Associated		Administrative Practice and Procedure; Classification and Trademarks
83 FR 62711 - International Trademark Classification Changes

DEPARTMENT OF COMMERCEPatent and Trademark Office

Federal Register Volume 83, Issue 234 (December 6, 2018)

DEPARTMENT OF COMMERCE
Patent and Trademark Office
