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International Trademark Classification: A Guide to the Nice Agreement, 5th Edition

International Trademark Classification: A Guide to the Nice Agreement, 5th Edition

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780198790303
  • Previous Edition ISBN: 9780199812868
  • Published In: March 2017
  • Format: Paperback , 608 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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International Trademark Classification: A Guide to the Nice Agreement helps trademark and IP attorneys properly classify goods and services on trademark applications.

It explains the forty-five Classes of goods and services adopted under the Nice Agreement, a worldwide classification system for trademark registration adhered to by more than seventy countries. Author Jessie N. Roberts sets forth the Official Text of Class Headings and the Explanatory Notes for which goods and services are included or excluded from each Class. This is followed by an examination of each item within the Class, including items for which there are no official explanations. This book can be helpful to trademark practitioners and national offices in the classification of items not included in the alphabetical list. The approach is international in scope, and is not organized from the viewpoint of any specific jurisdiction.

This new Fourth Edition clarifies some of the Classes--particularly Classes 5, 9, and 28--and makes the Alphabetical List of the Nice Agreement more logical and useful.

Readership: Trademark practitioners; Trademark owners; National trademark offices

About the Author
Introduction
Introduction to the Fourth Edition
CLASS 1
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing composition; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
CLASS 2
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
CLASS 3
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
CLASS 4
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
CLASS 5
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
CLASS 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; goods of common metal not included in other classes; ores
CLASS 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
CLASS 8
Hand tools and implements (hand operated); cutlery; side arms; razors
CLASS 9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; 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
CLASS 10
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
CLASS 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
CLASS 12
Vehicles; apparatus for locomotion by land, air or water
CLASS 13
Firearms; ammunition and projectiles; explosives; fireworks
CLASS 14
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments
CLASS 15
Musical instruments
CLASS 16
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
CLASS 17
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
CLASS 18
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
CLASS 19
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
CLASS 20
Furniture, mirrors, picture frames; 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
CLASS 21
Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
CLASS 22
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
CLASS 23
Yarns and threads, for textile use
CLASS 24
Textile and textile goods, not included in other classes; bed and table covers
CLASS 25
Clothing, footwear, headgear
CLASS 26
Laces and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
CLASS 27
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
CLASS 28
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
CLASS 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
CLASS 30
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
CLASS 31
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
CLASS 32
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
CLASS 33
Alcoholic beverages (except beers)
CLASS 34
Tobacco; smokers' articles; matches
CLASS 35
Advertising; business management; business administration; office functions.
CLASS 36
Insurance; financial affairs; monetary affairs; real estate affairs
CLASS 37
Building construction; repair; installation services.
CLASS 38
Telecommunications.
CLASS 39
Transport; packaging and storage of goods; travel arrangement.
CLASS 40
Treatment of materials.
CLASS 41
Education; providing of training; entertainment; sporting and cultural activities.
CLASS 42
Scientific and technological services and research and design relating thereto;
industrial analysis and research services;
design and development of computer hardware and software.
CLASS 43
Services for providing food and drink; temporary accommodation.
CLASS 44
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
CLASS 45
Legal services; security services for the protection of property and individuals; personal and social services, not included in other classes, rendered by others to meet the needs of individuals.
General Remarks
History
Nice Agreement
Alphabetical List of Goods (From the World Intellectual Property Organization-WIPO)
Index

Jessie N. Roberts, Attorney, Delos, LLC

Jessie N. Roberts is currently with the law firm of Delos, LLC and provides consultation in the field of trademark classification and identification. She is a leading authority on the interpretation of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. Ms. Roberts served as the Administrator for Trademark Identification, Classification and Practice in the Office of the Assistant Commissioner for Trademarks at the United States Patent and Trademark Office (USPTO). She joined the USPTO as an Examining Attorney in 1981 and, in 1984, was promoted to the position of Senior Attorney. In 1987, Ms. Roberts became the Petitions and Classification Attorney in the Office of the Director of the Trademark Examining Groups. She represented the United States in meetings of the Preparatory Working Group and the Committee of Experts for the Nice Agreement that were held at the World Intellectual Property Organiza

(WIPO) in Geneva, Switzerland.

"In International Trademark Classification: A Guide to the Nice Agreement, 4th Edition, Jessie Roberts continues to provide the definitive work on classification issues. As a former chair of INTA's Classification Subcommittee and a practicing trademark attorney filing in the United States and through the Madrid Protocol, I have used this work extensively. Her book is vital to anyone who may puzzle over the proper class for 'repositionable paint patches' or 'metal ladders' or how the new 10th Edition of the Nice Agreement has substantially redistributed goods from Class 9 to elsewhere based on function rather than merely having an electrical component. Her explanations provide a solid framework to the practitioner or paralegal for proper classification." 
--Christopher Schulte, Partner, Merchant & Gould, P.C. 

"Jessie Roberts' International Trademark Classification: A Guide to the Nice Agreement, 4th Edition is the ideal compass for all trademark applicants worldwide filing under the Nice Agreement. This book simply and clearly spells out the parameters of each class and informs the reader about the significant changes affected by the recent 10th edition of the Nice Agreement. It is an indispensable tool for private trademark practitioners and individual applicants alike. Roberts deftly takes the guessing game out of goods and services classification, and thereby facilitates the expedited prosecution of our firm's U.S. and international trademark applications." 
--Shauna Miller Wertheim, Partner, The Marbury Law Group, PLLC. 

"International Trademark Classification: A Guide to the Nice Agreement is the bible on the subject, and reflects Jessie Roberts' unsurpassed technical knowledge and understanding of the development and basis of the classification system. This new edition is an invaluable reference with additional commentaries on the changes under the 10th edition of the Nice Agreement, and is a 'must-have' for any trademark attorney or IP regulator." 
--Louis Chan Ken Yu, Legal Counsel, Asia Brand Equity 
Procter & Gamble Europe SA, Singapore Branch

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