International trademark classification, and the headings of the international trademark classes, are established by the Committee of Experts of the Nice Union and set forth in the International Classification of Goods and Services for the Purposes of the Registration of Marks (10th ed.
2011), published by the World Intellectual Property Organization ("WIPO"). The general remarks, class numbers, class headings, and explanatory notes for each international trademark class are as follows.
The International Classification is available at http://www.wipo.int/classifications/en/index.html.
However, because the international list was developed to classify goods and services and not to identify specific goods and services, most entries will not be sufficiently definite to use in an identification of goods and/or services.
Noteworthy Changes to the Nice Classification System under the Nice Agreement, Tenth Edition.
The indications of goods or services appearing in the class headings are general indications relating to the fields to which, in principle, the goods or services belong.
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The Alphabetical List should therefore be consulted in order to ascertain the exact classification of each individual product or service.
If a product cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:
(a) A finished product is in principle classified according to its function or purpose.
If the function or purpose of a finished product is not mentioned in any class heading, the finished product is classified by analogy with other comparable finished products, indicated in the Alphabetical List.
If none is found, other subsidiary criteria, such as that of the material of which the product is made or its mode of operation, are applied.
(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating radios) may be classified in all classes that correspond to any of its functions or intended purposes. If those functions or purposes are not mentioned in any class heading, other criteria, indicated under (a), above, are to be applied.
(c) Raw materials, unworked or semi-worked, are in principle classified according to the material of which they consist.
(d) Goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose.
In all other cases, the criterion indicated under (a), above, applies.
(e) When a product, whether finished or not, is classified according to the material of which it is made, and it is made of different materials, the product is in principle classified according to the material which predominates.
(f) Cases adapted to the product they are intended to contain are in principle classified in the same class as the product.
If a service cannot be classified with the aid of the List of Classes, the Explanatory Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:
(a) Services are in principle classified according to the branches of activities specified in the headings of the service classes and in their Explanatory Notes or, if not specified, by analogy with other comparable services indicated in the Alphabetical List.
(b) Rental services are in principle classified in the same classes as the services provided by means of the rented objects (e.g., Rental of telephones, covered by Class 38).
Leasing services are analogous to rental services and therefore should be classified in the same way.
However, hire- or lease-purchase financing is classified in Class 36 as a financial service.