COMMENTS OF THE INTERNATIONAL BUREAU
ON THE PROPOSALS SUBMITTED BY CHINA
CONCERNING CLASSES 3, 23 AND 31
The IB would first like to thank SIPO for the considerable effort put into the
preparation of these proposals.
CLASS 3
In order for the Committee of Experts to be able to take a well-founded decision, the
IB would like to make available the following information concerning past
developments in Cl. 3:
In the 2nd edition of the Locarno Classification (1978), Cl. 3 was structured as
follows:
Travel goods, cases, parasols and personal belongings, not elsewhere
specified
3-01
Trunks, suitcases, briefcases, handbags, wallets and similar articles
Note:
3-02
Not including cases specially designed for their contents
(Class 3-02), objects used for transporting goods (Class 9), or cigar
or cigarette cases (Class 27-06).
Cases specially designed for their contents
Note: Not including packages (Class 9)
3-03
3-04
3-99
Umbrellas, parasols, sunshades and walking sticks
Fans
Miscellaneous
At its second session held from May 22 to 26, 1978, the CE decided to merge
Cl. 3-01 with Cl. 3-02. Cl. 3-02 became vacant. The decision was taken on the
bases of a proposal submitted by the United States. The reason for that proposal is
transcribed hereafter:
“… In the course of reclassifying U.S. design patents, overlaps were found between
subclasses 01 and 02. Many cases which are designed for a specific article have an
interior configuration provided for that article. However, in many instances the
exterior of the case is identical in appearance to an item of luggage. As a result
items with highly similar exterior appearances are found in two different subclasses.
…”
Comments of the IB on SIPO’s proposals – Classes 3, 23 and 31
page 2
In the third edition (1982), Cl. 3 was therefore modified as follows:
Travel goods, cases, parasols and personal belongings, not elsewhere
specified
3-01 Trunks, suitcases, briefcases, handbags, keyholders, cases specially
designed for their contents, wallets and similar articles
Note: Not including articles for the transport of goods (Class 9) or cigar cases
and cigarette cases (Cl. 27-06).
3-02
3-03
3-04
3-99
[vacant]
Umbrellas, parasols, sunshades and walking sticks
Fans
Miscellaneous
If the CE decided to reintroduce Cl. 3-02 for “keyholders, cases specially designed
for their contents, wallets and similar articles” as proposed by SIPO, the IB would
like to express doubts as to the transfer to Cl. 3-02 of the following goods:
G0008 Game bags
M0327 Music bags
L0252 Luggage cases for motorcycles
P0409 Portfolios for drawings
S0312 Shoe bags
S0644 Sport bags
B0035 Bags for storage of spruce trees (Cl. 9-05?)
These items to not seem to be specially adapted or designed for their contents.
CLASS 23
The structure of Cl. 23 has been very stable throughout all editions of the Locarno
Classification. The only change introduced since the first edition appears in the fifth
edition (1989) and concerns the first note of Cl. 23-02 to which the wording in green
below was added:
23-02 Sanitary appliances
Note: (a) Including baths, showers, washbasins, saunas, water closets, sanitary
units and sanitary accessories not included in other classes.
(b) Not including pipes or pipe fittings
Baths, saunas, showers, sinks, lavabos, bidets, water closets, some of their
accessories and fixtures, such as soap holders and toilet paper dispensers, have in
general one common characteristic: they are sanitary equipment (or accessories
Comments of the IB on SIPO’s proposals – Classes 3, 23 and 31
page 3
therefor) and this is why they have been put together in one subclass. It might be
advisable to also consider that the difference between equipment for washing the
whole body or just part of the body is not always clear, e.g., a shower can be used
for washing the feet. One could also think that bidets are better classified together
with water closets than with lavabos and sinks.
Nevertheless, in the event that the CE decided to accept the expansion of Cl. 23-02
as proposed by SIPO, the IB would like to suggest the following structure, titles and
notes:
Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning
equipment, solid fuel
23-01 FLUID DISTRIBUTION EQUIPMENT
Note:
Including pipes and pipe fittings, as well as those for sanitary equipment in
Cl. 23-06, 23-07 and 23-08.
(IB: the addition of this wording would avoid repeating the note
“Not including pipes and pipe fittings”
in each of the new subclasses 23-06, -07 and -08)
23-02 [VACANT]
(IB: This allows the addition of all subclasses for sanitary equipment
in a continuous sequence at the end of the class)
23-03
23-04
23-05
23-06
HEATING EQUIPMENT
VENTILATION AND AIR-CONDITIONING EQUIPMENT
SOLID FUEL
BATHS, SHOWERS, SAUNAS AND ACCESSORIES THEREFOR NOT
INCLUDED IN OTHER CLASSES OR SUBCLASSES
23-07 SINKS, LAVABOS, BIDETS AND ACCESSORIES THEREFOR NOT
INCLUDED IN OTHER CLASSES OR SUBCLASSES
(IB: “Washing and cleaning equipment”, as proposed by SIPO,
could be interpreted as a Cl. 7-05 or Cl. 15-05 product)
23-08 URINATION AND DEFECATION EQUIPMENT AND ACCESSORIES
THEREFOR NOT INCLUDED IN OTHER CLASSES OR SUBCLASSES
23-09 OTHER SANITARY EQUIPMENT AND ACCESSORIES
23-99 MISCELLANEOUS
Comments of the IB on SIPO’s proposals – Classes 3, 23 and 31
page 4
Finally, the IB supports the deletion of S0052 “sanitary installations”, in particular if
the addition of subclasses 23-06, -07, -08 and -09 is approved. However, the IB is of
the opinion that S0054 “sanitary units [including for hospitals]” is a useful entry which
should not be deleted. As sanitary units may include goods that can be classified in
any of the new subclasses (e.g. WC and lavabo), they could be moved to Cl. 23-09.
CLASS 31
Like Class 23, Class 32 has a rather stable structure. It was created in the third
edition. The only change since then was introduced in the last (tenth) edition, it
concerns the note “Not including hand-manipulated utensils, instruments and
appliances for serving or preparing food or drink (Cl. 7)”, where the term “handmanipulated” was changed to “hand-operated”. This change in terminology
concerned certain indications of goods as well.
In the event the CE decided to accept the expansion of Cl. 31, the IB would like to
make the following suggestions relating to SIPO’s proposals:
31-01 Machines and appliances for preparing drink
Note: Not including machines and appliances for preparing both food and
drink (Cl. 31-02)
(IB: the note excluding “machines and appliances for preparing food” seems
unnecessary as the title of the subclass clearly indicates that it contains machines
and appliances for preparing drink. A note excluding machines for preparing both,
drink and food, would give better guidance to the user)
or, eventually:
Note: Not including machines and appliances for preparing food or both food
and drink (Cl. 31-02)
Regarding the goods included in Cl. 31-01, the IB is of the opinion that although milk
is a fluid, it is not really a drink and therefore, C0288 “Centrifugal milk separators,
electric” would belong in Cl. 31-02. Yoghourt is also considered rather as food made
when bacteria is added to milk, which means that Y0007 “Yoghourt making
appliances, electric” should be in Cl. 31-02. It is not clear either whether C0834
“Crushing machines for kitchen use” and C0852 “Crushing machines [household]”
are used for preparing drink or food, they should therefore be in Cl. 31-02 as well.
The IB has no comments on the title and notes of the proposed new subclass 31-02.
Comments of the IB on SIPO’s proposals – Classes 3, 23 and 31
page 5
Finally, the IB believes that the deletion of D0332 “Drink preparing machines or
appliances [electric]”, P0458 “Preparation of drinks (Machines for industrial -)” and
F0278 “Food industry machines” is not necessary. It does not really matter that they
are identical or similar to the titles of the proposed new subclasses. Furthermore,
D0332 and P0458 mentioned above are the counterpart of D0340 Drinks
(Appliances, hand-operated, for preparing -) in Cl. 7-04.
[End of document]