[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.85]

[Page 283-284]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.85  Classification schedules.

    (a) Section 6.1 of part 6 of this chapter specifies the system of 
classification for goods and services which applies for all statutory 
purposes to trademark applications filed in the Patent and Trademark 
Office on or after September 1, 1973, and to registrations issued on the 
basis of such applications. It shall not apply to applications filed on 
or before August 31, 1973, nor to registrations issued on the basis of 
such applications.
    (b) With respect to applications filed on or before August 31, 1973, 
and registrations issued thereon, including older registrations issued 
prior to that date, the classification system under which the 
application was filed will govern for all statutory purposes, including, 
inter alia, the filing of petitions to revive, appeals, oppositions, 
petitions for cancellation, affidavits under section 8 and renewals, 
even though such petitions to revive, appeals, etc., are filed on or 
after September 1, 1973.
    (c) Section 6.2 of part 6 of this chapter specifies the system of 
classification for goods and services which applies for all statutory 
purposes to all trademark applications filed in the Patent and Trademark 
Office on or before August 31, 1973, and to registrations issued on the 
basis of such applications, except when the registration may have been 
issued under a classification system prior to that set forth in 
Sec. 6.2. Moreover, this classification will also be utilized for 
facilitating trademark searches until all pending and registered marks 
in the search file are organized on the basis of the international 
system of classification.
    (d) Renewals filed on registrations issued under a prior 
classification system will be processed on the basis of that system.
    (e) Where the amount of the fee received on filing an appeal in 
connection with an application or on an application for renewal is 
sufficient for at least one class of goods or services but is less than 
the required amount because multiple classes in an application or 
registration are involved, the appeal or renewal application will not be 
refused on the ground that the amount of the fee was insufficient if the 
required additional amount of the fee is received in the Patent and 
Trademark Office within the time limit set forth in the notification of 
this defect by the Office, or if action is sought only for the number of 
classes equal to the number of fees submitted.
    (f) Sections 6.3 and 6.4 specify the system of classification which 
applies to certification marks and collective membership marks.

[[Page 284]]

    (g) Classification schedules shall not limit or extend the 
applicant's rights.

(35 U.S.C. 6; 15 U.S.C. 1113, 1123)

[38 FR 14681, June 4, 1973, as amended at 39 FR 16885, May 10, 1974; 47 
FR 41282, Sept. 17, 1982; 63 FR 48097, Sept. 9, 1998]