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Trademark ID Manual
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A   Goods Certification Marks [See TMEP Section 1306]

This activity involves the actual issuance of certification approval. It is not a service under the Nice Agreement.


B   Service Certification Marks [see TMEP Section 1306 et seq.]

This activity involves the actual issuance of certification approval. It is not a service under the Nice Agreement.


000   Collective Service Marks [See TMEP Section 1303][classification based on the service]

The class for this entry is indicated as 000 because the classification will be controlled by the services rendered by the collective.


000   Collective Trademarks [See TMEP Section 1303] [classification based on the goods]

The class for this entry is indicated as 000 because the classification will be controlled by the goods produced by the collective.


000   Consultation services in the field of {indicate field or subject matter of consultation - this information will control the classification of the service}

Consultation is providing information and is not done in a teaching environment. Therefore, it is classified by subject matter and not classified in Class 41 as an education service.


000   Counseling in the field of {indicate specific field, e.g. health, drug rehabilitation, religion}[classification depends on subject matter]

Counseling is providing information and is not done in a teaching environment. Therefore, it is classified by subject matter and not classified in Class 41 as an education service. Identification too broad under 8th edition of the Nice Agreement to be classified in a single class. Subject matter of counseling controls classification.


000   Providing an on-line computer database in the field of {indicate specific service-related field} [class depends on service-related subject matter of database]

The class for this entry is indicated as 000 because providing databases is a service that is classified in the service class of the subject matter of the database; e.g., providing a database in the field financial information is classified in Class 36. The subject matter should be set forth so that it connects the content to a service for accurate classification.


000   Providing databases featuring {indicate service-related subject matter of database and classify in appropriate class}

The class for this entry is indicated as 000 because providing databases is a service that is classified in the service class of the subject matter of the database; e.g., providing a database in the field financial information is classified in Class 36. The subject matter should be set forth so that it connects the content to a service for accurate classification. Also, this ID covers non-downloadable databases - which is usually the case. If the database is recorded or downloadable, that should be indicated in the ID and these goods are in 9.


000   Providing information in the field of {indicate service-related subject matter or field} via the Internet [classification depends on service-related subject matter]

The class for this entry is indicated as 000 because providing databases is a service that is classified in the service class of the subject matter of the database; e.g., providing a database in the field financial information is classified in Class 36. The subject matter should be set forth so that it connects the content to a service for accurate classification.


000   Providing information in the field of {indicate service-related subject matter or nature of information}[classification depends on subject matter]

For proper classification, identification must either indicate nature of information, e.g., business (35), travel (39), health (44) or the subject matter in such a way that it may be classified, e.g., automobile repair (37), hotel services (43), hockey games(41). The subject matter should be set forth so that it connects the content to a service for accurate classification.


000   Telephone hot line counseling, namely, offering advice regarding {indicate specific subject area, e.g. substance abuse}

Identification too broad under 8th edition of the Nice Agreement to be classified in a single class. Subject matter of counseling controls classification.


000   Telephone information service featuring information in the field of {indicate field or nature of information}[classification depends on subject matter]

For proper classification, identification must either indicate nature of information, e.g., business (35), travel (39), health (44) or the subject matter in such a way that it may be classified, e.g., automobile repair (37), hotel services (43), hockey games(41).


001   Adhesives for mending broken articles (General purpose)

This entry was deleted because it required adhesives used in the home or office for repairing small items be classified in the same class with industrial adhesives and this did not seem appropriate. The entry “Adhesives for stationery or household purposes” in Class 16 would include adhesives used in the home or office for repairing small items. At the time of this deletion, the Nice Agreement was also amended to reflect that adhesives for industrial use are classified in Class 1, while adhesives for stationery or household purposes are classified in Class 16.


001   Biomedical compounds, namely, peptide substrates used in analyzing and detecting certain toxins for clinical or medical laboratory use

7/17/08 - Goods transferred from Class 5 since they are for laboratory use and not actual treatment or diagnosis of a particular individual.


001   Chemical additives for fuel treatment

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Chemical additives for use with internal combustion engine fuels

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Chemical additives for enhancing the performance of lubricating oils, greases and internal combustion engine fuels

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Chemical adsorbents for removing impurities from fuel

Non-chemical based adsorbents for oils and fuels are in Class 4


001   Chemical engine treatments and additives for engine oils, gasoline and diesel fuels, transmission fluids and cooling systems

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Chemical gasoline additives

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Chemical motor oil additives

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Chemicals (Photocopier)

This entry was deleted because chemicals are generally classified in Class 1. However, the entries concerning photocopier toners in Class 2 were added at the same time as this deletion.


001   Chemicals for use in industry and science

This refers to chemicals in a raw, pure or unfinished state - if the chemicals are in the form of a finished product that would be in another class, such as a cleaning product, the goods are in the class of the finished product.


001   Chemicals for use in industry

This refers to chemicals in a raw, pure or unfinished state - if the chemicals are in the form of a finished product that would be in another class, such as a cleaning product, the goods are in the class of the finished product.


001   Chemicals for use in agriculture, except fungicides, herbicides, insecticides and parasiticides

This refers to chemicals in a raw, pure or unfinished state - if the chemicals are in the form of a finished product that would be in another class, such as a pesticide, the goods are in the class of the finished product. 11/13/08 - the language "except fungicides, herbicides, insecticides and parasiticides" was added to make it clear in the language of the ID itself that these are raw, unfinished chemicals and not finished products made with chemicals that are in a class other than Class 1.


001   Chemicals used in industry

This refers to chemicals in a raw, pure or unfinished state - if the chemicals are in the form of a finished product that would be in another class, such as a cleaning product, the goods are in the class of the finished product.


001   Compost

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Compost [fertilizer]

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Defoliants

These goods were transferred from Class 5 because they are in the Nice Agreement in Class 1


001   Diagnostic preparations for clinical or medical laboratory use

Transferred from Class 5 - original entry was from 1991 when this item was in Class 5 in the Nice Alphabetical List.


001   Diagnostic reagents for clinical or medical laboratory use

Transferred from Class 5 since these are specifically NOT for medical use.


001   Diagnostic reagents for in vitro use in biochemistry, clinical chemistry and microbiology

Transferred from Class 5 since these are specifically NOT for medical use.


001   Distilled water

This is not drinking water - distilled drinking water is in 32.


001   Dough conditioners

The specification of "commercial" use was deleted from this entry. All dough conditioners are in Class 1 because they are a chemical agent, regardless of whether they are for commercial or domestic use.


001   Dough stabilizers

The specification of "commercial" use was deleted from this entry. All dough stabilizers are in Class 1 because they are a chemical agent, regardless of whether they are for commercial or domestic use.


001   General purpose adhesive for mending broken articles

This entry was deleted because it required adhesives used in the home or office for repairing small items be classified in the same class with industrial adhesives and this did not seem appropriate. The entry “Adhesives for stationery or household purposes” in Class 16 would include adhesives used in the home or office for repairing small items. At the time of this deletion, the Nice Agreement was also amended to reflect that adhesives for industrial use are classified in Class 1, while adhesives for stationery or household purposes are classified in Class 16.


001   Glaziers' putty

Reclassified per the 9th Edition of the Nice Agreement.


001   Loam

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Manure

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Metal plating chemical compositions

Term "chemical" added to ID to avoid plating compositions made of metal being classified in Class 1. A plating composition composed of metal is in Class 6.


001   Octane booster fuel chemical additive

Non-chemical petroleum-based fuel and motor oil additives are in Class 4


001   Peat [fertilizer]

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Photocopier chemicals

This entry was deleted because chemicals are generally classified in Class 1. However, the entries concerning photocopier toners in Class 2 were added at the same time as this deletion.


001   Photographic paper [must be chemically-sensitized paper]

9/18/08 - information in brackets added to differentiate this paper in class 1 with paper for printing photographs that is not chemically senstized in class 16.


001   Potting compost

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Potting soil

This is a fertilizing growth medium. Note that non-fertilizing growth media, such as mulch, peat moss and top soil, are in Class 31.


001   Size for walls

Transferred from Class 2 based on Nice Agreement entries.


001   Testing kits containing peptide substrates used in analyzing and detecting certain toxins for clinical or medical laboratory use

7/17/08 - Goods transferred from Class 5 since they are for laboratory use and not actual treatment or diagnosis of a particular individual.


001   Transmission fluid

Reclassification under the 8th edition of the Nice Agreement.


001   Vitamins for industrial and/or manufacturing use

Vitamins are in Class 5 regardless of whether they are a raw material used in manufacturing or the finished product itself. Therefore, this misleading entry was deleted from Class 1.


001   Wall size

Transferred from Class 2 based on Nice Agreement entries.


001   Wallpaper removing preparations

Transferred from Class 2 in accordance with 9th edition of Nice Agreement.


002   Coatings in the nature of {indicate specific type, e.g., automobile finishing}

Some specific, specialized coatings may be classified in several classes, e.g., Antimicrobial coatings to treat the growth of mold, mildew, bacteria and fungus on various surfaces in International Class 5, Asphalt roof coatings in International 19, etc.]


002   Ink jet cartridges [filled]

Unfilled ink and toner cartridges for photocopy machines or computer printers are in Class 9


002   Paint for model airplanes, model cars and the like

If sold as part of an arts and craft paint kit, these goods are in 16


002   Painting sets for artists

Unclear as to the parameters of these goods - painting sets for children such as those that are used in school are in Class 16. Since these are like other paints in Class 2, these goods are also in Class 2.


002   Paints and coatings

Coatings is too broad since it can include items in other classes. Since it may be separated out from the specific language of this ID, the entire ID has been deleted.


002   Paints for arts and crafts

If sold as part of an arts and craft paint kit, these goods are in 16


002   Sealer coatings for use in {indicate specific industry or area of use}

When the coating is for insulating purposes, it's in 17.


002   Toner cartridges [filled]

Unfilled ink and toner cartridges for photocopy machines or computer printers are in Class 9


002   Varnish and paint stripping or removing preparations

This entry was deleted from Class 2 because varnish-removing and paint-stripping preparations are classified in Class 3 in the Nice Agreement.


002   Watercolor paints

If sold as part of an arts and craft paint kit, these goods are in 16


002   Water-colors [paints]

If sold as part of an arts and craft paint kit, these goods are in 16


003   After shave lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   After sun creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   After-shave creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   After-shave lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   After-sun lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Age retardant lotion

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Age spot reducing creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Antiperspirants and deodorants for personal use

Note that household, room and other deodorants not used on the body are in Class 5.


003   Anti-aging cream

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Anti-aging creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Anti-freckle creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Anti-static spray for clothing

Transferred from Class 1 based on entry in the Nice Alphabetical List for "antistatic preparations for household purposes" in Class 3


003   Anti-wrinkle cream

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Anti-wrinkle creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Aromatherapy creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Aromatherapy lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Artificial fingernails of precious metal

Tranferred from Class 14 pursuant to the 9th edition of the Nice Agreement.


003   Baby lotion

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Bath lotion

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Bathing lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Beauty care cosmetic products

Item deleted because "products" can include cosmetic-related goods that are not in Class 3, such as cosmetic brushes in Class 21 and nail files in Class 8.


003   Beauty creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Beauty creams for body care

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Beauty lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Body and beauty care preparations

Entry deleted and trilateral designation removed because "body care preparations" includes items in Class 5.


003   Body cream

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Body creams

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Body lotion

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Body lotions

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Body mask cream

These refer to non-medicated creams. Medicated creams are in Class 5.


003   Body mask lotion

These refer to non-medicated lotions. Medicated lotions are in Class 5.


003   Body washes

Limited to washes used on humans or animals. The term is a registered mark as applied to goods for washing cars and should not be used as a generic term in that context.


003   Cleaning and polishing paper

Goods are in Class 3 in the Nice Agreement so these goods have been moved from their previous Class 16 designation.


003   Cosmetic preparations and products for dry skin during pregnancy

Item deleted because "products" can include cosmetic-related goods that are not in Class 3, such as cosmetic brushes in Class 21.


003   Cosmetic preparations and products for enhancing the breasts

Item deleted because "products" can include cosmetic-related goods that are not in Class 3, such as cosmetic brushes in Class 21.


003   Cosmetic preparations and products for skin care

Item deleted because "products" can include cosmetic-related goods that are not in Class 3, such as cosmetic brushes in Class 21.


003   Cosmetic products for the face and body

Item deleted because "products" can include cosmetic-related goods that are not in Class 3, such as cosmetic brushes in Class 21 and nail files in Class 8.


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