WORLD INTELLECTUAL PROPERTY ORGANIZATION
NICE CLASSIFICATION
Project
CL001 Anx 21
Rapporteur: IB
CHANGES TO THE CLASS HEADINGS AND EXPLANATORY NOTES
Comments submitted by the International Bureau
Rapporteur Proposal
Date: October 2, 2015
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INTRODUCTION
(1)
Firstly, the IB would like to thank all the participating Offices for their excellent ideas and
pertinent comments with regard to this project.
The approach taken by the IB was to modify the class headings as little as possible, to adopt
a consistent format throughout the whole study and to add some examples to the
explanatory notes, in particular, to the excluding notes referring to “certain goods made of
[material] that are classified according to function or purpose”. This approach seems to be
shared by the JPO and OHIM.
However, in case that the preferred approach would be to make more substantial changes to
the class headings and the explanatory notes, and taking into account the numerous
variations provided, the IB has tried to harmonize the ideas into one standard document and
suggested some new additions and modifications. The basis for this document is the
wording as it currently stands for NCL11 with the proposed modifications highlighted in track
changes. Our comments follow each class.
(2)
As a general rule, we agree with the comments from the Swiss Office and OHIM that
repetitions between Class Headings, the introductory sentences of the explanatory notes
and including or excluding notes should be avoided. We also agree that the number of
examples should be limited. The introductory sentence of the explanatory notes should aim
to mention or explain briefly only the most typical items in the class, thus very few or no
examples (…, for example, …) should be listed here.
We further suggest that changes in the class headings and explanatory notes that imply
changes in the list of goods and services or changes in classification practice (locks, cutlery)
be out of the scope of this project. Such modifications can be proposed separately.
(3)
Some comments concerning “Nice” style:
Normally, in a row of items mentioned after “for example” the term “and” is not used before
the last item, as follows:
– small items of metal hardware, for example, bolts, screws, nails, furniture casters, and
window fasteners;
unless it is part of the item, e.g.
– small items of metal hardware, for example, bolts, screws, nails, furniture casters, and
window and door fasteners;
Please, note that different explanatory notes are separated by semicolons, while different
items within a note are separated by commas. If you feel that a semicolon is necessary,
then the item should be in a separate note.
Finally, when British and American spelling differ, we have used British spelling.
For consistency purposes, we have adapted all cases to these rules as far as possible.
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(4)
We have noticed that in the US proposal, examples of goods classified according to material
composition, such as containers, bags for packaging, statues and works of art, have been
added in the introductory sentence and also in the including notes. The IB would prefer to
keep in the introductory sentence the general expression “Class … includes mainly [material]
and certain goods made of [material]”, without examples.
Eventually, the following including note could be added consistently in all “material” classes:
This class includes, in particular:
–
certin goods made of [material] not otherwise classified by function or purpose, for
example, …….[containers, boxes, works of art and a few other examples could be
included here instead of being separate including notes]
In order to give some examples we present in this document two versions for classes 6, 16
and 17, the second version including this suggestion. Should this idea have any support,
the IB could try to apply it to the other “material” classes.
[Comments on individual classes follow]
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Version 1
CLASS 6
Common metals and their alloys, ores;
metal building materials;
transportable buildings of metal;
ironmongery;
safes.
Explanatory Note
Class 6 includes mainly unwrought and partly wrought common metals, including ores,
as well as certain goods made of common metals.
This Class includes, in particular:
– metals in foil or powder form for 3D printers;
– metal building materials, for example, materials of metal for railway tracks, pipes
and tubes of metal;
– small items of metal hardware, for example, bolts, screws, nails, furniture casters,
window fasteners;
– transportable buildings or structures of metal, for example, prefabricated houses,
swimming pools, cages for wild animals, skating rinks;
– non-electric cables and wires of metal;
– metal containers for storage and transport;
– statues, statuettes, busts, figurines and works of art of common metal.
This Class does not include, in particular:
– –
metals and ores used as chemicals in industry or scientific research for their
chemical properties, for example, bauxite, mercury, antimony, alkaline and alkalineearth metals (Cl. 1);
– metals in foil and powder form for use in painting, decorating, printing and art
(Cl. 2);
– pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses,
not of metal (Cl. 17) and rigid pipes, not of metal (Cl. 19);
– cages for household pets (Cl. 21);
– electric cables (Cl. 9) and non-electric cables and ropes, not of metal (Cl. 22);
– certain goods made of common metals that are classified according to their function
or purpose, for example, hand tools, hand operated (Cl. 8), paper clips (Cl. 16),
furniture (Cl. 20), kitchen utensils (Cl. 21).
CLASS 6
The term “transportable buildings of metal” should not be deleted from the class heading as
it is the general term that justifies the inclusion in cl. 6 of buildings that are not real estate as
well as building strucures of metal, such as prefabricated houses of metal, cages for wild
animals, parking structures for bicycles, etc. In the US proposal, in the introduction to the
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explanatory note, “transportable buildings of metal” does not seem to be a good example of
“simple products” of metal.
“Ores” refers to the naturally occurring solid material or mineral rock containing a precious or
common metal. The metal extracted from the raw material is in cl. 6 or in cl. 14 if the metal
is precious. It is then important to clarify that ores in general are in cl. 6. We would prefer to
maintain “ores” in the class heading, and maybe move it up to the first line together with
“common metals and their alloys”.
“Small items of metal hardware” is an explanation of “ironmongery”. The term could be
deleted from the class heading and included instead, with examples, in the including note.
“Safes” can be maintained in the class heading as it is a special kind of container that exists
only in cl. 6. However, “locks of metal” is an item of metal hardware that could be mentioned
as an example of metal hardware in the including notes. We have not done this because it
would need the addition of an excluding note for electric locks (cl. 9). In principle, changes
in the class heading and/or explanatory notes that imply a modification in classification
practice should be out of the scope of this project.
Boxes and “metal containers for storage or transport” are examples of goods classified
according to material composition, therefore, if included at all, they should be in the including
note rather than in the class heading.
Finally, certain changes might be necessary in Cl. 19 for the sake of consistency.
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Version 2
(based on version 1) (see Introduction, page 3, item (4))
CLASS 6
Common metals and their alloys, ores;
metal building materials;
transportable buildings of metal;
ironmongery;
safes.
Explanatory Note
Class 6 includes mainly unwrought and partly wrought common metals, including ores,
as well as certain goods made of common metals.
This Class includes, in particular:
– metals in foil or powder form for 3D printers;
– metal building materials, for example, materials of metal for railway tracks, pipes
and tubes of metal;
– small items of metal hardware, for example, bolts, screws, nails, furniture casters,
window fasteners;
– transportable buildings or structures of metal, for example, prefabricated houses,
swimming pools, cages for wild animals, skating rinks;
– certain goods made of common metal not otherwise classified by function or
purpose, for example, metal containers for storage and transport, non-electric
cables and wires of metal, statues, busts and works of art of common metals.
This Class does not include, in particular:
– metals and ores used as chemicals in industry or scientific research for their
chemical properties, for example, bauxite, mercury, antimony, alkaline and alkalineearth metals (Cl. 1);
– metals in foil and powder form for use in painting, decorating, printing and art
(Cl. 2);
– electric cables (Cl. 9) and non-electric cables and ropes, not of metal (Cl. 22);
– pipes being parts of sanitary installations (Cl. 11), flexible pipes, tubes and hoses,
not of metal (Cl. 17) and rigid pipes, not of metal (Cl. 19);
– cages for household pets (Cl. 21);
– certain goods made of common metals that are classified according to their function
or purpose, for example, hand tools, hand operated (Cl. 8), paper clips (Cl. 16),
furniture (Cl. 20), kitchen utensils (Cl. 21), household containers (Cl. 21).
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CLASS 10
Surgical, medical, dental and veterinary apparatus and instruments;
artificial limbs, eyes and teeth;
orthopedic articles;
suture materials;
therapeutic and assistive devices adapted for the disabled, personal mobility articles;
massage apparatus;
apparatus and articles for nursing infants;
sexual activity apparatus and devices.
Explanatory Note
Class 10 includes mainly surgical, medical, dental and veterinary apparatus,
instruments and articles generally used for the diagnosis, treatment or improvement of
function or condition of persons and animals.
This Class includes, in particular:
– ;
– supportive bandages and special clothing for medical purposes, for example,
compression garments, stockings for varices, strait jackets, orthopedic footwear;
– articles and devices for menstruation, contraception and childbirth, for example,
menstrual cups, pessaries, condoms, childbirth mattresses;
– therapeutic and prosthetic articles and devices for implantation composed of
artificial or synthetic materials, for example, surgical implants composed of artificial
materials, artificial breasts, brain pacemakers, biodegradable bone fixation
implants;
– furniture especially made for medical purposes, for example, armchairs for medical
or dental purposes, air mattresses for medical purposes, operating tables.
.
This Class does not include, in particular:
– medical dressings and sanitary absorbent articles, for example, plasters, bandages
and gauze for dressings, breast-nursing pads, babies’ napkins and napkins for
incontinents, tampons (Cl. 5)
– surgical implants comprised of living tissue (Cl. 5);
– tobacco-free cigarettes for medical purposes (Cl. 5) and electronic cigarettes
(Cl. 34);
– wheelchairs and mobility scooters (Cl. 12);
– massage tables and hospital beds (Cl. 20).
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CLASS 10
The number of examples has been reduced along the lines of the remarks of the Swiss
Office, and their order has been altered, in particular in the excluding note, so as to present
the examples in the increasing order of classes.
“Supportive bandages” is not really clothing. The order of the terms has been inverted to
read “supportive bandages and special clothing for …., for example, ….”
Breastfeeding is also known as nursing and therefore breastfeeding apparatus would be
covered by the term “apparatus and articles for nursing infants”. The addition of the term
“articles” (like baby bottles and baby bottle teats) in the class heading would make detailed
examples of hygienic rubber articles in the including note unnecessary.
We have deleted the term “appliances” because it gives the impression of an electric
machine or part of equipment. We prefer to add the term “articles” because it refers to
smaller objects that do not perform tasks. For the term that covers sex aids, we prefer
“devices” to “appliances”, or just simply “sex toys”?. We understand that “sex aids” is too
broad because it may include things like videos and lubricants.
We have kept “therapeutic and assistive devices adapted for the disabled, personal mobility
articles” in the class heading but we are not sure what personal mobility articles should cover
(crutches, quad canes?) and wonder whether “therapeutic and assistive devices” would not
be enough.
The term “implanted articles for therapeutic and prosthetic purposes” was changed because
it gives the impression that the articles are sold implanted, so the term has been changed to
“therapeutic and prosthetic articles and devices for implantation….”
In the excluding notes proposed by the Swiss office, “adhesives for dentures” and “surgical
glues” are not examples of medical dressings and absorbent materials, so they were
deleted. The other examples were modified or simplified.
“Electronic cigarettes” and “mobility scooters” (as opposed to the personal mobility articles
mentioned in the class heading) were added to the excluding notes.
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CLASS 14
Precious metals and their alloys;
jewellery, precious and semi-precious stones;
horological and chronometric instruments.
Explanatory Note
Class 14 includes mainly precious metals and certain goods made of precious metals
or coated therewith, as well as jewellery, clocks and watches, and component parts therefor.
This Class includes, in particular:
–
–
–
–
–
jewellery, including imitation jewellery, for example, paste jewellery;
cuff links, tie pins, tie clips;
key rings, key chains, jewellery charms;
jewellery boxes
component parts for jewellery, clocks and watches, for example, clasps and beads
for jewellery, movements for clocks and watches, clock hands, watch springs, watch
crystals.
This Class does not include, in particular:
– charms, other than for jewellery (Cl. 26);
– objects of art not made of precious metals or coated therewith that are classified
according to the material of which they are made, for example, works of art of metal
(Cl. 6), of stone, concrete or marble (Cl. 19), of wood, wax, plaster or plastic
(Cl. 20), of porcelain, terra-cotta or glass (Cl. 21);
– certain goods made of precious metals or coated therewith that are classified
according to their function or purpose, for example, metals in foil and powder form
for use in painting, decorating, printing and art (Cl. 2), dental amalgams of gold (Cl.
5), cutlery (Cl. 8), electric contacts (Cl. 9), pen nibs of gold (Cl. 16), teapots (Cl. 21),
gold and silver embroidery (Cl. 26), cigar cases (Cl. 34).
CLASS 14
Again, in general the IB tends to reduce the number of examples.
We believe jewellery boxes is too specific as class heading and therefore prefer to include
them in the explanatory note.
We think the question of “cutlery” is out of the scope of this project. If the transfer of table
cutlery to Cl. 21 is approved by the CE, then the appropriate modifications will be made in
the concerned class headings and explanatory notes.
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Version 1
CLASS 16
Paper and cardboard;
printed matter;
bookbinding material;
photographs;
stationery and office requisites, except furniture;
adhesives for stationery or household purposes;
artists’ and drawing materials;
paintbrushes;
instructional and teaching materials, except apparatus;
plastic sheets, films and bags for wrapping and packaging;
printers’ types, printing blocks.
Explanatory Note
Class 16 includes mainly paper, cardboard and certain goods made of those materials,
as well as office requisites.
This Class includes, in particular:
– paper knives and paper cutters;
– cases, covers and devices for holding or securing paper, for example, document
files, money clips, holders for cheque books, paper-clips, passport holders,
scrapbooks;
– certain office machines, for example, typewriters, duplicators, franking machines for
office use, pencil sharpeners;
– certain disposable paper products, for example, bibs, handkerchiefs and table linen
of paper;
– painting articles for use by artists and interior and exterior painters, for example,
artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays;
– works of art and figurines of paper or cardboard, for example, figurines of papiermâché, framed or unframed lithographs, paintings and watercolours.
This Class does not include, in particular:
– paints (Cl. 2);
– hand tools for artists, for example, spatulas, sculptors’ chisels (Cl. 8);
– certain goods made of paper or cardboard that are classified according to their
function or purpose, for example, photographic paper (Cl. 1), abrasive paper (Cl. 3),
paper blinds (Cl. 20), table cups and plates of paper (Cl. 21), bed linen of paper
(Cl. 24), paper clothing (Cl. 25), cigarette paper (Cl. 34).
CLASS 16
“Printing materials” could cover goods used in printing that are in other classes, therefore we
prefer keeping “printers’ types, printing blocks” in the class heading.
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“Office machines” is too vague as it could refer to machines that are in other classes, like
printers, photocopiers and scanners, therefore we prefer “stationery and office requisites,
except furniture”. “Typewriters” are not used so much anymore so the term could be deleted
from the class headings and be mentioned instead in the including note, which would read
“certain office machines, for example, typewriters, …etc.” .
The IB would prefer to keep “instructional and teaching materials, except apparatus”.
“Materials” covers also scale models and implements. If necessary, “architects’ models”
could eventually be added in a separate line. On the contrary, the term “printed” limits the
scope as not all teaching materials in cl. 16 are printed, e.g., histological sections, biological
samples, terrestial globes. We also think that although particular examples of goods
included in the class should not be used in the class headings, exceptions should be
maintained, in particular because some countries accept class headings as specification of
goods in trademark applications. Accordingly, “except apparatus” should stay.
For the disposable products made of paper, we prefer the wording “certain disposable paper
products, for example, ….”, with the mention of cups, plates and bed linen of paper as
examples in the excluding note referring to goods made of paper that are classified
according to function.
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Version 2
(based on version 1) (see Introduction, page 3, item (4))
CLASS 16
Paper and cardboard;
printed matter;
bookbinding material;
photographs;
stationery and office requisites, except furniture;
adhesives for stationery or household purposes;
artists’ and drawing materials;
paintbrushes;
instructional and teaching materials, except apparatus;
plastic sheets, films and bags for wrapping and packaging;
printers’ types, printing blocks.
Explanatory Note
Class 16 includes mainly paper, cardboard and certain goods made of those materials,
as well as office requisites.
This Class includes, in particular:
– paper knives and paper cutters;
– cases, covers and devices for holding or securing paper, for example, document
files, money clips, holders for cheque books, paper-clips, passport holders,
scrapbooks;
– certain office machines, for example, typewriters, duplicators, franking machines for
office use, pencil sharpeners;
– painting articles for use by artists and interior and exterior painters, for example,
artists’ watercolour saucers, painters’ easels and palettes, paint rollers and trays;
– certain disposable paper products, for example, bibs, handkerchiefs and table linen
of paper;
– certain goods made of paper or cardboard not otherwise classified by function or
purpose, for example, paper bags, envelopes and containers for packaging,
statues, figurines and works of art of paper or cardboard, such as figurines of papier
mâché, framed or unframed lithographs, paintings and watercolours.
This Class does not include, in particular:
– paints (Cl. 2);
– hand tools for artists, for example, spatulas, sculptors’ chisels (Cl. 8);
– certain goods made of paper or cardboard that are classified according to their
function or purpose, for example, photographic paper (Cl. 1), abrasive paper (Cl. 3),
paper blinds (Cl. 20), table cups and plates of paper (Cl. 21), bed linen of paper
(Cl. 24), paper clothing (Cl. 25), cigarette paper (Cl. 34).
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Version 1
CLASS 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.
Explanatory Note
Class 17 includes mainly electrical, thermal and acoustic insulating materials and
plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain
goods made of the materials in this class.
This Class includes, in particular:
– rubber material for recapping tyres;
– padding and stuffing materials of rubber or plastics;
– floating anti-pollution barriers;
– adhesive tapes, other than stationery and not for medical or household purposes;
– foam supports for flower arrangements;
– plastic films, other than for wrapping and packaging, for example, anti-dazzle films
for windows;
– elastic threads and threads of rubber or plastic, not for textile use.
This Class does not include, in particular:
– pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and
not of metal (Cl. 19);
– insulating glass for building (Cl. 19);
– certain goods made of the materials in this class that are classified according to
their function or purpose, for example, gum resins (Cl. 2), rubber for dental
purposes (Cl. 5), asbestos screens for firemen (Cl. 9), adhesive rubber patches for
repairing inner tubes (Cl. 12), rubber erasers (Cl. 16).
CLASS 17
The IB does not support the inclusion of “finished or semi-finished goods of rubber, guttapercha, gum, asbestos, mica or substitutes thereof” in the class heading. Except for “not
included in other classes” the wording is similar to the one deleted by the CE at its last
session.
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Version 2
(based on version 1) (see Introduction, page 3, item (4))
CLASS 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.
Explanatory Note
Class 17 includes mainly electrical, thermal and acoustic insulating materials and
plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain
goods made of the materials in this class.
This Class includes, in particular:
–
–
–
–
–
–
rubber material for recapping tyres;
padding and stuffing materials of rubber or plastics;
floating anti-pollution barriers;
adhesive tapes, other than stationery and not for medical or household purposes;
foam supports for flower arrangements;
plastic films, other than for wrapping and packaging, for example, anti-dazzle films
for windows;
– elastic threads and threads of rubber or plastic, not for textile use;
– certain goods made of the materials in this class not otherwise classified by function
or purpose, for example, foam supports for flower arrangements, padding and
stuffing materials of rubber or plastics, rubber stoppers, shock-absorbing buffers of
rubber, rubber bags or envelopes for packaging.
This Class does not include, in particular:
– pipes being parts of sanitary installations (Cl. 11) and rigid pipes of metal (Cl. 6) and
not of metal (Cl. 19);
– insulating glass for building (Cl. 19);
– certain goods made of the materials in this class that are classified according to
their function or purpose, for example, gum resins (Cl. 2), rubber for dental
purposes (Cl. 5), asbestos screens for firemen (Cl. 9), adhesive rubber patches for
repairing inner tubes (Cl. 12), rubber erasers (Cl. 16).
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CLASS 18
Leather and imitations of leather;
animal skins and hides;
carrying bags, trunks, suitcases and travelling bags;
umbrellas and parasols;
walking sticks;
whips, harness and saddlery;
collars, leashes and clothing for animals.
Explanatory Note
Class 18 includes mainly leather, imitations of leather and certain goods made of those
materials.
This Class includes, in particular:
–
–
–
–
–
luggage tags;
business card cases and pocket wallets;
slings for carrying infants and pouch baby carriers;
game bags;
boxes and cases of leather or leatherboard.
This Class does not include, in particular:
– clothing, footwear and headgear of leather for humans (Cl. 25);
– bags and cases adapted to the product they are intended to contain, for example,
bags adapted for laptops (Cl. 9); bags and cases for cameras and photographic
equipment (Cl. 9), cases for musical instruments (Cl. 15), golf bags with or without
wheels, bags especially designed for skis and surfboards (Cl. 28);
– certain goods made of leather, imitations of leather, animal skins and hides that are
classified according to their function or purpose, for example, leather strops (Cl. 8),
polishing leather (Cl. 21), chamois leather for cleaning (Cl. 21), leather belts for
clothing (Cl. 25).
CLASS 18
“Luggage” seems to be too broad as it may include anything a traveller carries with him, e.g.,
bags with golf clubs or skis could be considered luggage.
The mention of “boxes and cases of leather or leatherboard” in the including notes may lead
to believe that all boxes and cases of leather are in cl. 18 while in fact, only “not adapted”
boxes and cases are concerned. The excluding note about bags should therefore also
mention cases, with at least one example.
Adding “travelling rugs [lap robes]” (JP) to the examples of goods made of leather that are
not in cl. 18 does not seem necessary, even if they are used for travelling, in particular if the
general term “travel goods” is deleted from the notes.
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CLASS 20
Furniture, mirrors, picture frames;
unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl;
shells;
meerschaum;
yellow amber.
Explanatory Note
Class 20 includes mainly furniture and parts therefor, as well as certain goods made of
wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl,
meerschaum and substitutes for all these materials, or of plastic.
This Class includes, in particular:
–
–
–
–
–
–
metal furniture, furniture for camping, gun racks, newspaper display stands;
indoor window blinds and shades;
bedding, for example, mattresses, spring mattresses, pillows;
looking glasses, furniture and toilet mirrors;
registration plates, not of metal;
small items of non-metallic hardware, for example, bolts, screws, furniture casters,
window fasteners, collars for fastening pipes;
– containers, not of metal, for storage or transport;–
letter boxes, not of metal
or masonry.
This Class does not include, in particular:
–
– special furniture for laboratories (Cl. 9) or for medical use (Cl. 10);
–
– outdoor blinds of metal (Cl. 6), not of metal and not of textile (Cl. 19), of textile
(Cl. 22);
– bed linen, eiderdowns and sleeping bags (Cl. 24);
–
certain mirrors for specific uses, for example, mirrors used in optical goods
(Cl. 9), mirrors used in surgery or dentistry (Cl. 10), rearview mirrors (Cl. 12),
sighting mirrors for guns (Cl. 13);
– certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these
materials, or of plastic, that are classified according to their function or purpose, for
example, beads for making jewellery (Cl. 14), wooden flooring (Cl. 19), baskets for
domestic use (Cl. 21), plastic cups (Cl. 21), reed mats (Cl. 27).
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CLASS 20
We would be grateful if the USPTO could clarify why the term “ivory” has been removed from
the Class Heading and introductory sentence in their proposals.
“Hospital beds” was not added to the including note, as it is already in the excluding note of
Cl. 10.
The IB agrees with the addition of “indoor window blinds and shades” in the including note
as it provides guidance for terms that are not obviously considered as “furniture”.
Consequently, the complementary terms for “outdoor blinds” have been added to the
excluding note.
We deleted the word “number” from “registration plates” according to the corresponding NCL
entries 060400 and 200130.
The IB agrees with the addition of “small items of non-metallic hardware…” as it provides
guidance.
We prefer to place “containers, not of metal, for storage or transport” in the including note,
rather than in the Class Heading as they are examples of goods classified according to
material composition.
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CLASS 21
Household or kitchen utensils and containers;
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.
Explanatory Note
Class 21 includes mainly small, hand-operated utensils and apparatus for household
and kitchen use, as well as toilet utensils, glassware and certain goods made of porcelain,
ceramic, earthenware or glass.
This Class includes, in particular:
– utensils and containers for household and kitchen use, for example, kitchen
utensils, pails, cooking pots and pans;
– small hand-operated apparatus for mincing, grinding or pressing;
– combs, electric and non-electric;
– toothbrushes, electric and non-electric;
– dish stands and decanter stands.
This Class does not include, in particular:
– –
cleaning preparations (Cl. 3);
– small apparatus for mincing, grinding or pressing, which are driven by electricity
(Cl. 7);
– razors and shaving apparatus, hair and nail clippers, implements for manicure and
pedicure, electric or non-electric, for example, manicure sets, emery boards, cuticle
nippers (Cl. 8);
– lice combs, tongue scrapers (Cl. 10) ;
– cooking utensils, electric (Cl. 11);
– toilet mirrors (Cl. 20);
– certain goods made of glass, porcelain and earthenware that are classified
according to their function or purpose, for example, porcelain for dental prostheses
(Cl. 5), spectacle lenses (Cl. 9), glass wool for insulation (Cl. 17), earthenware tiles
(Cl. 19), building glass (Cl. 19), glass fibres for textile use (Cl. 24).
19
CLASS 21
The IB agrees with the deletion of “steelwool” from the Class Heading as it is covered by the
term “articles for cleaning purposes”.
We have only made small changes to the including note, as the other proposals suggested
by the USPTO and the Swiss Office are linked to a different project concerning classes 8
and 21 and are therefore outside the scope of this current project.
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CLASS 22
Ropes and string;
nets;
tents and tarpaulins;
awnings of textile or synthetic materials;
sails;
sacks;
padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics;
raw fibrous textile materials and substitutes therefor.
Explanatory Note
Class 22 includes mainly canvas and other materials for making sails, rope, padding
and stuffing materials and raw fibrous textile materials.
This Class includes, in particular:
–
–
–
–
cords and twines made from natural or artificial textile fibres, paper or plastics;
fishing nets, hammocks, rope ladders;
vehicle covers, not fitted;
certain sacks and bags not otherwise classified by function or purpose, for example,
bags for washing hosiery, body bags, mail bags;
– packaging bags of textile;
– animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or
treated wool, raw silk.
This Class does not include, in particular:
–– metal ropes (Cl. 6);
– strings for musical instruments (Cl. 15) and for sports rackets (Cl. 28);
– padding and stuffing materials of paper or cardboard (Cl. 16), rubber or plastics
(Cl. 17);
– certain nets and bags that are classified according to their function or purpose, for
example, safety nets (Cl. 9), luggage nets for vehicles (Cl. 12), garment bags for
travel (Cl. 18), hair nets (Cl. 26), golf bags (Cl. 28), nets for sports (Cl. 28);
– packaging bags, not of textile, which are classified according to the material of
which they are made, for example, packaging bags of paper or plastics (Cl. 16), of
rubber (Cl. 17), of leather (Cl. 18).
21
CLASS 22
The Swiss Office is correct in their note concerning the translation problems with “awnings”.
We therefore feel that it is better to put these on a separate line in the Class Heading
reflecting the current NCL entries 220102 and 220058.
As “bags for packaging” is an example of goods classified by material, we prefer not to add it
to the Class Heading of Class 22.
We prefer to maintain just “cords and twines” in the including note, as “bands and slings”
would need further clarification, such as “for handling loads” or “for binding” in order to be
considered.
We maintained the inclusion of “packaging bags of textile” in the including note for guidance.
Consequently, the complementary terms for “...not of textile” have been added to the
excluding note.
We suggest “strings for sports rackets” as the example in the excluding note, rather than
“strings for athletic equipment”.
We maintained the terms “certain nets and bags…” as this seemed like a more logical
grouping, rather than adding tarpaulin of which there is only one other entry outside cl.22 in
NCL.
22
CLASS 24
Textiles and substitutes for textiles;
bed covers;
table covers.
Explanatory Note
Class 24 includes mainly fabrics and fabric covers for household use.
This Class includes, in particular:
– household linen, for example, bedspreads, pillow shams, towels of textile;
– bed linen of paper;
–– sleeping bags, sleeping bag liners;
– mosquito nets.
This Class does not include, in particular:
–
– electrically heated blankets, for medical purposes (Cl. 10) and not for medical
purposes (Cl. 11);
– table linen of paper (Cl. 16);
– horse blankets (Cl. 18);
– certain textiles and fabrics for specific uses, for example, fabrics for bookbinding
(Cl 16), insulating fabrics (Cl. 17), geotextiles (Cl. 19).
CLASS 24
The number of examples has been reduced along the lines of the remarks from the Swiss
Office.
The original Class Heading was maintained. However “household linen” could be considered
as an alternative to “bed covers; table covers”.
“Coverings for furniture” was not added to the Class Heading as it would be misleading –
see 180116 furniture coverings of leather.
The addition of “curtains of textile or plastic” is perhaps a good one to provide guidance. This
would also complement the addition of “indoor window blinds” in the including note of cl.20.
However, if added, then an excluding note in cl.24 would be required for other types of
curtains, such as asbestos (Cl. 17), bamboo or bead (Cl. 20) and possibly for certain “curtain
fittings, such as rails, rods, hooks…” in cl.20.
The use of the word “fabrics” in the introductory sentence would cover “piece goods” and
“fabrics for textile use”, thus these repetitions were deleted.
We have not added “sanitary flannel” as this appears to be an archaic term and one that we
will deal with at the next Committee.
The addition of “horse blankets” in the excluding note was not maintained as this is an
example of a finished good and not a “special textile” as such.
23
CLASS 28
Games, toys and playthings;
video game apparatus;
gymnastic and sporting articles;
decorations for Christmas trees.
Explanatory Note
Class 28 includes mainly toys, apparatus for playing games, sports equipment,
amusement and novelty items, as well as certain articles for Christmas trees.
This Class includes, in particular:
– amusement and game apparatus, including controllers therefor;
– amusement and novelty items, such as carnival masks, paper party hats, confetti,
practical jokes and party favours;
– fishing tackle, landing nets for anglers;
– equipment for various sports and games.
This Class does not include, in particular:
– Christmas tree candles (Cl. 4), electric lights for Christmas trees (Cl. 11),
confectionery and chocolate decorations for Christmas trees (Cl. 30);
– diving equipment (Cl. 9);
– –
fishing nets (Cl. 22);
– clothing for gymnastics and sports (Cl. 25);
–
– certain gymnastic and sporting articles that are classified according to other
functions or purposes, for example, protective helmets, goggles and mouthguards
for sports (Cl. 9), sporting firearms (Cl. 13), gymnasium mats (Cl. 27).
CLASS 28
The IB agrees that the addition of “video game apparatus” provides very good guidance and
should be part of the Class Heading.
We also agree that the inclusion of some examples for “amusement and novelty items” is
good. However, we did not add “scratch cards for playing lottery games” as this is an actual
game and not really a novelty.
The inclusion of “hunting equipment, except firearms and knives” is interesting, although we
decided against adding it because it is covered by “sports equipment”. Moreover, the “except
firearms” clarification would cause conflict with current class 28 entry 280071 harpoon guns
[sports articles].
24
The inclusion of “landing nets for anglers” is good as it complements the addition of “fishing
nets” in cl.22.
Concerning the final excluding note, we have not added any of the suggested examples that
are not currently listed in the Alphabetical List and are thus outside the scope of this current
project. However, we have added “mouthguards” which is a new NCL10-2016 entry.
25
CLASS 31
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.
Explanatory Note
Class 31 includes mainly land and sea products not having been subjected to any form
of preparation for consumption, live animals and plants, as well as foodstuffs for animals.
This Class includes, in particular:
–
–
–
–
–
–
unsawn timber;
unprocessed cereals;
fertilised eggs for hatching;
fresh mushrooms and truffles;
litter for animals, for example, aromatic sand, sanded paper for pets;
.
This Class does not include, in particular:
–
–
–
–
–
–
cultures of microorganisms and leeches for medical purposes (Cl. 5);
dietary supplements for animals (Cl. 5);
semi-worked wood (Cl. 19);
artificial fishing bait (Cl. 28);
rice (Cl. 30);
tobacco (Cl. 34).
CLASS 31
The number of examples has been reduced along the lines of the remarks from the Swiss
Office.
We have not added the term “unprocessed edible seeds” to cl.31 as we are not sure about
what the product is. Is the term used to distinguish unprocessed seeds that will eventually
be processed for human consumption as opposed to “seeds for planting”?
As it currently stands, NCL11 will include:
cl.29 seeds prepared for human consumption, not being seasonings or flavourings
cl.29 seeds, prepared
cl.30 processed seeds for use as a seasoning
cl.30 linseed/flaxseed for culinary purposes [seasoning]
cl.30 sesame seeds [seasonings]
cl.31 seeds for planting
26
We have not included the mention of “trees” in the Class Heading as it is already covered by
“natural plants” (both MW and OED define “tree” as a “plant”).
We did not include the indication for “dried plants and flowers for decoration” in the Class
Heading as these are still “natural plants and flowers” (cl.31) as opposed to “artificial” (cl.26).
The IB agrees that the addition of “bulbs, seedlings and seeds for planting” is a good one to
provide guidance. We changed the order of these terms to emphasize that the seeds are “for
planting” as opposed to the “raw and unprocessed grains and seeds” on the second line.
The IB agrees with the addition of “fresh mushrooms” as it is not covered by “plants”. We
have also added “truffles” as a further example.
Is “natural turf” covered under “natural plants” – or should it be included because it
comprises soil as well as grass?
Are “algae” and “seaweed” covered under “natural plants”?
Is it necessary to add “yeast for animal consumption” – perhaps it could eventually be added
to the excluding note of cl. 30 (which includes simply “yeast” in its Class Heading)?
[End of document]