International Trademark Classification Changes, 76867-76870 [2016-26682]
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Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations
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Dated: October 31, 2016.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2016–26655 Filed 11–3–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO–T–2016–0038]
RIN 0651–AD12
International Trademark Classification
Changes
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
The United States Patent and
Trademark Office (USPTO) issues a final
rule to incorporate classification
changes adopted by the Nice Agreement
Concerning the International
Classification of Goods and Services for
the Purposes of the Registration of
Marks (Nice Agreement). These changes
are effective January 1, 2017, and are
listed in the International Classification
of Goods and Services for the Purposes
of the Registration of Marks (11th ed.,
ver. 2017), which is published by the
World Intellectual Property
Organization (WIPO).
DATES: This rule is effective on January
1, 2017.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, at (571) 272–8946
or TMFRNotices@uspto.gov.
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
Purpose: As noted above, this final
rule incorporates classification changes
adopted by the Nice Agreement that will
become effective on January 1, 2017.
This rule benefits the public by
providing notice regarding these
changes.
Summary of Major Provisions: The
USPTO is revising § 6.1 in part 6 of title
37 of the Code of Federal Regulations to
incorporate classification changes and
modifications that will become effective
January 1, 2017, as listed in the
International Classification of Goods
and Services for the Purposes of the
Registration of Marks (11th ed., 2017)
(Nice Classification), published by
WIPO.
The Nice Agreement is a multilateral
treaty, administered by WIPO, which
establishes the international
classification of goods and services for
the purposes of registering trademarks
and service marks. As of September 1,
1973, this international classification
system is the controlling system used by
the United States, and it applies to all
applications filed on or after September
1, 1973, and their resulting registrations,
for all statutory purposes. See 37 CFR
2.85(a). Every signatory to the Nice
Agreement must utilize the
international classification system.
Each state party to the Nice
Agreement is represented in the
Committee of Experts of the Nice Union
(Committee of Experts), which meets
annually to vote on proposed changes to
the Nice Classification. Any state that is
a party to the Nice Agreement may
submit proposals for consideration by
the other members in accordance with
agreed-upon rules of procedure.
Proposals are currently submitted on an
annual basis to an electronic forum on
the WIPO Web site, commented upon,
modified, and compiled by WIPO for
further discussion and voting at the
annual Committee of Experts meeting.
In 2013, the Committee of Experts
began annual revisions to the Nice
Classification. The annual revisions,
which are published electronically and
enter into force on January 1 each year,
are referred to as versions and identified
by edition number and year of the
effective date (e.g., ‘‘Nice Classification,
10th edition, version 2013’’ or ‘‘NCL 10–
2013’’). Each annual version includes all
changes adopted by the Committee of
Experts since the adoption of the
previous version. The changes consist of
the addition of new goods and services
to, and deletion of goods and services
from, the Alphabetical List, and any
modifications to the wording in the
Alphabetical List, the class headings,
and the explanatory notes that do not
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76867
involve the transfer of goods or services
from one class to another. New editions
of the Nice Classification continue to be
published electronically and include all
changes adopted annually since the
previous version, as well as goods or
services transferred from one class to
another or new classes that are created.
The annual revisions contained in
this final rule consist of modifications to
the class headings that have been
incorporated into the Nice Agreement
by the Committee of Experts. Under the
Nice Classification, there are 34 classes
of goods and 11 classes of services, each
with a class heading. Class headings
generally indicate the fields to which
goods and services belong. Specifically,
this rule adds new, or deletes existing,
goods and services from 15 class
headings and revises spelling in one
class heading. The changes to the class
headings further define the types of
goods and/or services appropriate to the
class. As a signatory to the Nice
Agreement, the United States adopts
these revisions pursuant to Article 1.
Costs and Benefits: This rulemaking is
not economically significant under
Executive Order 12866 (Sept. 30, 1993).
Discussion of Regulatory Changes
The USPTO is revising § 6.1 as
follows:
In Class 3, the wording ‘‘soaps;
perfumery, essential oils, cosmetics,
hair lotions; dentifrices’’ is amended to
‘‘non-medicated soaps; perfumery,
essential oils, non-medicated cosmetics,
non-medicated hair lotions; nonmedicated dentifrices.’’
In Class 6, the wording ‘‘Common
metals and their alloys’’ is amended to
‘‘Common metals and their alloys,
ores,’’ and the separate clause ‘‘ores’’ at
the end of the class heading is deleted.
The wording ‘‘metal building materials’’
is amended to ‘‘metal materials for
building and construction.’’ The
wording ‘‘materials of metal for railway
tracks,’’ ‘‘ironmongery,’’ and ‘‘pipes and
tubes of metal’’ is deleted. The wording
‘‘metal containers for storage or
transport’’ is inserted before ‘‘safes.’’
In Class 10, the spelling of
‘‘orthopedic’’ is amended to
‘‘orthopaedic.’’ A semi-colon is added
after the wording ‘‘suture materials,’’
and the following wording is added:
‘‘therapeutic and assistive devices
adapted for the disabled; massage
apparatus; apparatus, devices and
articles for nursing infants; sexual
activity apparatus, devices and articles.’’
The wording ‘‘precious stones’’ is
amended to ‘‘precious and semiprecious stones’’ in Class 14.
In Class 16, the wording ‘‘and office
requisites, except furniture’’ is added
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Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations
after the term ‘‘stationery. The wording
‘‘artists’ materials’’ is amended to
‘‘artists’ and drawing materials.’’ The
wording ‘‘typewriters and office
requisites (except furniture)’’ is deleted.
The wording ‘‘instructional and
teaching material (except apparatus)’’ is
changed to ‘‘instructional and teaching
materials,’’ and the wording ‘‘plastic
materials for packaging’’ is amended to
‘‘plastic sheets, films and bags for
wrapping and packaging.’’ The semicolon after ‘‘printers’ type’’ is replaced
with a comma.
In Class 17, the wording ‘‘plastics in
extruded form for use in manufacture’’
is amended to ‘‘plastics and resins in
extruded form for use in manufacture.’’
The wording ‘‘flexible pipes, not of
metal’’ is changed to ‘‘flexible pipes,
tubes and hoses, not of metal.’’
In Class 18, ‘‘animal skins, hides’’ is
amended to ‘‘animal skins and hides,’’
and ‘‘trunks and travelling bags’’ is
amended to ‘‘luggage and carrying
bags.’’ A semi-colon is added after the
term ‘‘saddlery,’’ and the wording
‘‘collars, leashes and clothing for
animals’’ is added thereafter.
The wording ‘‘containers, not of
metal, for storage or transport’’ is added
in Class 20 after ‘‘Furniture, mirrors,
picture frames.’’ The term ‘‘ivory’’ is
deleted.
‘‘[B]rushes (except paintbrushes)’’ is
amended to ‘‘brushes, except
paintbrushes’’ in Class 21. The term
‘‘steelwool’’ is deleted. The wording
‘‘unworked or semi-worked glass
(except glass used in building)’’ is
amended to ‘‘unworked or semi-worked
glass, except building glass.’’
In Class 22, ‘‘tents, awnings, and
tarpaulins’’ is amended to ‘‘tents and
tarpaulins; awnings of textile or
synthetic materials.’’ The wording
‘‘sacks’’ is amended to ‘‘sacks for the
transport and storage of materials in
bulk,’’ and ‘‘padding and stuffing
materials (except of paper, cardboard,
rubber or plastics)’’ is changed to
‘‘padding, cushioning and stuffing
materials, except of paper, cardboard,
rubber or plastics.’’ The wording ‘‘and
substitutes therefor’’ is inserted after
‘‘raw fibrous textile materials.’’
The wording ‘‘bed covers; table
covers’’ is deleted, and the wording
‘‘household linen; curtains of textile or
plastic’’ is inserted after ‘‘Textiles and
substitutes for textiles’’ in Class 24.
In Class 26, the wording ‘‘hair
decorations; false hair’’ is added.
‘‘Games and playthings’’ in Class 28 is
changed to ‘‘Games, toys and
playthings,’’ and the wording ‘‘video
game apparatus’’ is added.
In Class 31, the wording
‘‘Agricultural, horticultural and forestry
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products’’ is amended to ‘‘Raw and
unprocessed agricultural, aquacultural,
horticultural and forestry products,’’
and ‘‘fresh fruits and vegetables’’ is
amended to ‘‘fresh fruits and vegetables,
fresh herbs.’’ The wording ‘‘bulbs,
seedlings and seeds for planting’’ is
inserted after ‘‘natural plants and
flowers.’’ ‘‘[F]oodstuffs for animals’’ is
amended to ‘‘foodstuffs and beverages
for animals.’’
‘‘[S]ecurity services for the protection
of property and individuals’’ is
amended to ‘‘security services for the
physical protection of tangible property
and individuals’’ in Class 45.
Rulemaking Requirements
Administrative Procedure Act: The
changes in this rulemaking involve rules
of agency practice and procedure, and/
or interpretive rules. See Perez v. Mortg.
Bankers Ass’n, 135 S. Ct. 1199, 1204
(2015) (Interpretive rules ‘‘advise the
public of the agency’s construction of
the statutes and rules which it
administers.’’ (citation and internal
quotation marks omitted)); Nat’l Org. of
Veterans’ Advocates v. Sec’y of Veterans
Affairs, 260 F.3d 1365, 1375 (Fed. Cir.
2001) (Rule that clarifies interpretation
of a statute is interpretive.); Bachow
Commc’ns Inc. v. FCC, 237 F.3d 683,
690 (D.C. Cir. 2001) (Rules governing an
application process are procedural
under the Administrative Procedure
Act.); Inova Alexandria Hosp. v.
Shalala, 244 F.3d 342, 350 (4th Cir.
2001) (Rules for handling appeals were
procedural where they did not change
the substantive standard for reviewing
claims.).
Accordingly, prior notice and
opportunity for public comment for the
changes in this rulemaking are not
required pursuant to 5 U.S.C. 553(b) or
(c), or any other law. See Perez, 135 S.
Ct. at 1206 (Notice-and-comment
procedures are required neither when
an agency ‘‘issue[s] an initial
interpretive rule’’ nor ‘‘when it amends
or repeals that interpretive rule.’’);
Cooper Techs. Co. v. Dudas, 536 F.3d
1330, 1336–37 (Fed. Cir. 2008) (stating
that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), does not require notice and
comment rulemaking for ‘‘interpretative
rules, general statements of policy, or
rules of agency organization, procedure,
or practice’’ (quoting 5 U.S.C.
553(b)(A))).
Regulatory Flexibility Act: As prior
notice and an opportunity for public
comment are not required pursuant to 5
U.S.C. 553 or any other law, neither a
Regulatory Flexibility Act analysis, nor
a certification under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.), is
required. See 5 U.S.C. 603.
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Executive Order 12866 (Regulatory
Planning and Review): This rulemaking
has been determined to be not
significant for purposes of Executive
Order 12866 (Sept. 30, 1993).
Executive Order 13563 (Improving
Regulation and Regulatory Review): The
USPTO has complied with Executive
Order 13563 (Jan. 18, 2011).
Specifically, the USPTO has, to the
extent feasible and applicable: (1) Made
a reasoned determination that the
benefits justify the costs of the rule
changes; (2) tailored the rules to impose
the least burden on society consistent
with obtaining the regulatory objectives;
(3) selected a regulatory approach that
maximizes net benefits; (4) specified
performance objectives; (5) identified
and assessed available alternatives; (6)
provided the public with a meaningful
opportunity to participate in the
regulatory process, including soliciting
the views of those likely affected prior
to issuing a notice of proposed
rulemaking, and provided on-line access
to the rulemaking docket; (7) attempted
to promote coordination, simplification,
and harmonization across government
agencies and identified goals designed
to promote innovation; (8) considered
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public; and (9) ensured
the objectivity of scientific and
technological information and
processes, to the extent applicable.
Executive Order 13132 (Federalism):
This rulemaking does not contain
policies with federalism implications
sufficient to warrant preparation of a
Federalism Assessment under Executive
Order 13132 (Aug. 4, 1999).
Unfunded Mandates Reform Act of
1995: The changes set forth in this
rulemaking do not involve a Federal
intergovernmental mandate that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
of 100 million dollars (as adjusted) or
more in any one year, or a Federal
private sector mandate that will result
in the expenditure by the private sector
of 100 million dollars (as adjusted) or
more in any one year, and will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995. See 2 U.S.C. 1501 et seq.
Paperwork Reduction Act: This final
rule does not involve information
collection requirements which are
subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations
List of Subjects in 37 CFR Part 6
Administrative practice and
procedure, Classification, Trademarks.
For the reasons given in the preamble
and under the authority contained in 15
U.S.C. 1112, 1123 and 35 U.S.C. 2, as
amended, the USPTO is amending part
6 of title 37 as follows:
PART 6—CLASSIFICATION OF GOODS
AND SERVICES UNDER THE
TRADEMARK ACT
1. The authority citation for 37 CFR
part 6 continues to read as follows:
■
Authority: Secs. 30, 41, 60 Stat. 436, 440;
15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless
otherwise noted.
■
2. Revise § 6.1 to read as follows:
§ 6.1 International schedule of classes of
goods and services.
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Goods
1. Chemicals used in industry, science
and photography, as well as in
agriculture, horticulture and forestry;
unprocessed artificial resins,
unprocessed plastics; manures; fire
extinguishing compositions; tempering
and soldering preparations; chemical
substances for preserving foodstuffs;
tanning substances; adhesives used in
industry.
2. Paints, varnishes, lacquers;
preservatives against rust and against
deterioration of wood; colorants;
mordants; raw natural resins; metals in
foil and powder form for use in
painting, decorating, printing and art.
3. Bleaching preparations and other
substances for laundry use; cleaning,
polishing, scouring and abrasive
preparations; non-medicated soaps;
perfumery, essential oils, nonmedicated cosmetics, non-medicated
hair lotions; non-medicated dentifrices.
4. Industrial oils and greases;
lubricants; dust absorbing, wetting and
binding compositions; fuels (including
motor spirit) and illuminants; candles
and wicks for lighting.
5. Pharmaceuticals, medical and
veterinary preparations; sanitary
preparations for medical purposes;
dietetic food and substances adapted for
medical use or veterinary use, food for
babies; dietary supplements for humans
and animals; plasters, materials for
dressings; material for stopping teeth,
dental wax; disinfectants; preparations
for destroying vermin; fungicides,
herbicides.
6. Common metals and their alloys,
ores; metal materials for building and
construction; transportable buildings of
metal; non-electric cables and wires of
common metal; small items of metal
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hardware; metal containers for storage
or transport; safes.
7. Machines and machine tools;
motors and engines (except for land
vehicles); machine coupling and
transmission components (except for
land vehicles); agricultural implements
other than hand-operated; incubators for
eggs; automatic vending machines.
8. Hand tools and implements (handoperated); cutlery; side arms; razors.
9. Scientific, nautical, surveying,
photographic, cinematographic, optical,
weighing, measuring, signalling,
checking (supervision), life-saving and
teaching apparatus and instruments;
apparatus and instruments for
conducting, switching, transforming,
accumulating, regulating or controlling
electricity; apparatus for recording,
transmission or reproduction of sound
or images; magnetic data carriers,
recording discs; compact discs, DVDs
and other digital recording media;
mechanisms for coin-operated
apparatus; cash registers, calculating
machines, data processing equipment,
computers; computer software; fireextinguishing apparatus.
10. Surgical, medical, dental and
veterinary apparatus and instruments;
artificial limbs, eyes and teeth;
orthopaedic articles; suture materials;
therapeutic and assistive devices
adapted for the disabled; massage
apparatus; apparatus, devices and
articles for nursing infants; sexual
activity apparatus, devices and articles.
11. Apparatus for lighting, heating,
steam generating, cooking, refrigerating,
drying, ventilating, water supply and
sanitary purposes.
12. Vehicles; apparatus for
locomotion by land, air or water.
13. Firearms; ammunition and
projectiles; explosives; fireworks.
14. Precious metals and their alloys;
jewellery, precious and semi-precious
stones; horological and chronometric
instruments.
15. Musical instruments.
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; plastic sheets, films and bags
for wrapping and packaging; printers’
type, printing blocks.
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.
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18. Leather and imitations of leather;
animal skins and hides; luggage and
carrying bags; umbrellas and parasols;
walking sticks; whips, harness and
saddlery; collars, leashes and clothing
for animals.
19. Building materials (non-metallic);
non-metallic rigid pipes for building;
asphalt, pitch and bitumen; nonmetallic transportable buildings;
monuments, not of metal.
20. Furniture, mirrors, picture frames;
containers, not of metal, for storage or
transport; unworked or semi-worked
bone, horn, whalebone or mother-ofpearl; shells; meerschaum; yellow
amber.
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.
22. Ropes and string; nets; tents and
tarpaulins; awnings of textile or
synthetic materials; sails; sacks for the
transport and storage of materials in
bulk; padding, cushioning and stuffing
materials, except of paper, cardboard,
rubber or plastics; raw fibrous textile
materials and substitutes therefor.
23. Yarns and threads, for textile use.
24. Textiles and substitutes for
textiles; household linen; curtains of
textile or plastic.
25. Clothing, footwear, headgear.
26. Lace and embroidery, ribbons and
braid; buttons, hooks and eyes, pins and
needles; artificial flowers; hair
decorations; false hair.
27. Carpets, rugs, mats and matting,
linoleum and other materials for
covering existing floors; wall hangings
(non-textile).
28. Games, toys and playthings; video
game apparatus; gymnastic and sporting
articles; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat
extracts; preserved, frozen, dried and
cooked fruits and vegetables; jellies,
jams, compotes; eggs; milk and milk
products; edible oils and fats.
30. Coffee, tea, cocoa and artificial
coffee; rice; tapioca and sago; flour and
preparations made from cereals; bread,
pastries and confectionery; edible ices;
sugar, honey, treacle; yeast, bakingpowder; salt; mustard; vinegar, sauces
(condiments); spices; ice.
31. Raw and unprocessed 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.
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32. Beers; mineral and aerated waters
and other non-alcoholic beverages; fruit
beverages and fruit juices; syrups and
other preparations for making beverages.
33. Alcoholic beverages (except
beers).
34. Tobacco; smokers’ articles;
matches.
Services
35. Advertising; business
management; business administration;
office functions.
36. Insurance; financial affairs;
monetary affairs; real estate affairs.
37. Building construction; repair;
installation services.
38. Telecommunications.
39. Transport; packaging and storage
of goods; travel arrangement.
40. Treatment of materials.
41. Education; providing of training;
entertainment; sporting and cultural
activities.
42. Scientific and technological
services and research and design
relating thereto; industrial analysis and
research services; design and
development of computer hardware and
software.
43. Services for providing food and
drink; temporary accommodation.
44. Medical services; veterinary
services; hygienic and beauty care for
human beings or animals; agriculture,
horticulture and forestry services.
45. Legal services; security services
for the physical protection of tangible
property and individuals; personal and
social services rendered by others to
meet the needs of individuals.
Dated: October 31, 2016.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2016–26682 Filed 11–3–16; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
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[Docket ID FEMA–2016–0002; Internal
Agency Docket No. FEMA–8453]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
SUMMARY:
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insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Patricia Suber,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 400 C Street SW.,
Washington, DC 20472, (202) 646–4149.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
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insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days. National
Environmental Policy Act. FEMA has
determined that the community
suspension(s) included in this rule is a
non-discretionary action and therefore
the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) does not
apply.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
E:\FR\FM\04NOR1.SGM
04NOR1
]]>Agencies
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76867-76870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26682]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO-T-2016-0038]
RIN 0651-AD12
International Trademark Classification Changes
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) issues a
final rule to incorporate classification changes adopted by the Nice
Agreement Concerning the International Classification of Goods and
Services for the Purposes of the Registration of Marks (Nice
Agreement). These changes are effective January 1, 2017, and are listed
in the International Classification of Goods and Services for the
Purposes of the Registration of Marks (11th ed., ver. 2017), which is
published by the World Intellectual Property Organization (WIPO).
DATES: This rule is effective on January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, at (571) 272-8946 or
TMFRNotices@uspto.gov.
SUPPLEMENTARY INFORMATION:
Purpose: As noted above, this final rule incorporates
classification changes adopted by the Nice Agreement that will become
effective on January 1, 2017. This rule benefits the public by
providing notice regarding these changes.
Summary of Major Provisions: The USPTO is revising Sec. 6.1 in
part 6 of title 37 of the Code of Federal Regulations to incorporate
classification changes and modifications that will become effective
January 1, 2017, as listed in the International Classification of Goods
and Services for the Purposes of the Registration of Marks (11th ed.,
2017) (Nice Classification), published by WIPO.
The Nice Agreement is a multilateral treaty, administered by WIPO,
which establishes the international classification of goods and
services for the purposes of registering trademarks and service marks.
As of September 1, 1973, this international classification system is
the controlling system used by the United States, and it applies to all
applications filed on or after September 1, 1973, and their resulting
registrations, for all statutory purposes. See 37 CFR 2.85(a). Every
signatory to the Nice Agreement must utilize the international
classification system.
Each state party to the Nice Agreement is represented in the
Committee of Experts of the Nice Union (Committee of Experts), which
meets annually to vote on proposed changes to the Nice Classification.
Any state that is a party to the Nice Agreement may submit proposals
for consideration by the other members in accordance with agreed-upon
rules of procedure. Proposals are currently submitted on an annual
basis to an electronic forum on the WIPO Web site, commented upon,
modified, and compiled by WIPO for further discussion and voting at the
annual Committee of Experts meeting.
In 2013, the Committee of Experts began annual revisions to the
Nice Classification. The annual revisions, which are published
electronically and enter into force on January 1 each year, are
referred to as versions and identified by edition number and year of
the effective date (e.g., ``Nice Classification, 10th edition, version
2013'' or ``NCL 10-2013''). Each annual version includes all changes
adopted by the Committee of Experts since the adoption of the previous
version. The changes consist of the addition of new goods and services
to, and deletion of goods and services from, the Alphabetical List, and
any modifications to the wording in the Alphabetical List, the class
headings, and the explanatory notes that do not involve the transfer of
goods or services from one class to another. New editions of the Nice
Classification continue to be published electronically and include all
changes adopted annually since the previous version, as well as goods
or services transferred from one class to another or new classes that
are created.
The annual revisions contained in this final rule consist of
modifications to the class headings that have been incorporated into
the Nice Agreement by the Committee of Experts. Under the Nice
Classification, there are 34 classes of goods and 11 classes of
services, each with a class heading. Class headings generally indicate
the fields to which goods and services belong. Specifically, this rule
adds new, or deletes existing, goods and services from 15 class
headings and revises spelling in one class heading. The changes to the
class headings further define the types of goods and/or services
appropriate to the class. As a signatory to the Nice Agreement, the
United States adopts these revisions pursuant to Article 1.
Costs and Benefits: This rulemaking is not economically significant
under Executive Order 12866 (Sept. 30, 1993).
Discussion of Regulatory Changes
The USPTO is revising Sec. 6.1 as follows:
In Class 3, the wording ``soaps; perfumery, essential oils,
cosmetics, hair lotions; dentifrices'' is amended to ``non-medicated
soaps; perfumery, essential oils, non-medicated cosmetics, non-
medicated hair lotions; non-medicated dentifrices.''
In Class 6, the wording ``Common metals and their alloys'' is
amended to ``Common metals and their alloys, ores,'' and the separate
clause ``ores'' at the end of the class heading is deleted. The wording
``metal building materials'' is amended to ``metal materials for
building and construction.'' The wording ``materials of metal for
railway tracks,'' ``ironmongery,'' and ``pipes and tubes of metal'' is
deleted. The wording ``metal containers for storage or transport'' is
inserted before ``safes.''
In Class 10, the spelling of ``orthopedic'' is amended to
``orthopaedic.'' A semi-colon is added after the wording ``suture
materials,'' and the following wording is added: ``therapeutic and
assistive devices adapted for the disabled; massage apparatus;
apparatus, devices and articles for nursing infants; sexual activity
apparatus, devices and articles.''
The wording ``precious stones'' is amended to ``precious and semi-
precious stones'' in Class 14.
In Class 16, the wording ``and office requisites, except
furniture'' is added
[[Page 76868]]
after the term ``stationery. The wording ``artists' materials'' is
amended to ``artists' and drawing materials.'' The wording
``typewriters and office requisites (except furniture)'' is deleted.
The wording ``instructional and teaching material (except apparatus)''
is changed to ``instructional and teaching materials,'' and the wording
``plastic materials for packaging'' is amended to ``plastic sheets,
films and bags for wrapping and packaging.'' The semi-colon after
``printers' type'' is replaced with a comma.
In Class 17, the wording ``plastics in extruded form for use in
manufacture'' is amended to ``plastics and resins in extruded form for
use in manufacture.'' The wording ``flexible pipes, not of metal'' is
changed to ``flexible pipes, tubes and hoses, not of metal.''
In Class 18, ``animal skins, hides'' is amended to ``animal skins
and hides,'' and ``trunks and travelling bags'' is amended to ``luggage
and carrying bags.'' A semi-colon is added after the term ``saddlery,''
and the wording ``collars, leashes and clothing for animals'' is added
thereafter.
The wording ``containers, not of metal, for storage or transport''
is added in Class 20 after ``Furniture, mirrors, picture frames.'' The
term ``ivory'' is deleted.
``[B]rushes (except paintbrushes)'' is amended to ``brushes, except
paintbrushes'' in Class 21. The term ``steelwool'' is deleted. The
wording ``unworked or semi-worked glass (except glass used in
building)'' is amended to ``unworked or semi-worked glass, except
building glass.''
In Class 22, ``tents, awnings, and tarpaulins'' is amended to
``tents and tarpaulins; awnings of textile or synthetic materials.''
The wording ``sacks'' is amended to ``sacks for the transport and
storage of materials in bulk,'' and ``padding and stuffing materials
(except of paper, cardboard, rubber or plastics)'' is changed to
``padding, cushioning and stuffing materials, except of paper,
cardboard, rubber or plastics.'' The wording ``and substitutes
therefor'' is inserted after ``raw fibrous textile materials.''
The wording ``bed covers; table covers'' is deleted, and the
wording ``household linen; curtains of textile or plastic'' is inserted
after ``Textiles and substitutes for textiles'' in Class 24.
In Class 26, the wording ``hair decorations; false hair'' is added.
``Games and playthings'' in Class 28 is changed to ``Games, toys
and playthings,'' and the wording ``video game apparatus'' is added.
In Class 31, the wording ``Agricultural, horticultural and forestry
products'' is amended to ``Raw and unprocessed agricultural,
aquacultural, horticultural and forestry products,'' and ``fresh fruits
and vegetables'' is amended to ``fresh fruits and vegetables, fresh
herbs.'' The wording ``bulbs, seedlings and seeds for planting'' is
inserted after ``natural plants and flowers.'' ``[F]oodstuffs for
animals'' is amended to ``foodstuffs and beverages for animals.''
``[S]ecurity services for the protection of property and
individuals'' is amended to ``security services for the physical
protection of tangible property and individuals'' in Class 45.
Rulemaking Requirements
Administrative Procedure Act: The changes in this rulemaking
involve rules of agency practice and procedure, and/or interpretive
rules. See Perez v. Mortg. Bankers Ass'n, 135 S. Ct. 1199, 1204 (2015)
(Interpretive rules ``advise the public of the agency's construction of
the statutes and rules which it administers.'' (citation and internal
quotation marks omitted)); Nat'l Org. of Veterans' Advocates v. Sec'y
of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (Rule that
clarifies interpretation of a statute is interpretive.); Bachow
Commc'ns Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules
governing an application process are procedural under the
Administrative Procedure Act.); Inova Alexandria Hosp. v. Shalala, 244
F.3d 342, 350 (4th Cir. 2001) (Rules for handling appeals were
procedural where they did not change the substantive standard for
reviewing claims.).
Accordingly, prior notice and opportunity for public comment for
the changes in this rulemaking are not required pursuant to 5 U.S.C.
553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (Notice-
and-comment procedures are required neither when an agency ``issue[s]
an initial interpretive rule'' nor ``when it amends or repeals that
interpretive rule.''); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-
37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), does not require notice and comment rulemaking for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice'' (quoting 5 U.S.C.
553(b)(A))).
Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 or any other
law, neither a Regulatory Flexibility Act analysis, nor a certification
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), is
required. See 5 U.S.C. 603.
Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).
Executive Order 13563 (Improving Regulation and Regulatory Review):
The USPTO has complied with Executive Order 13563 (Jan. 18, 2011).
Specifically, the USPTO has, to the extent feasible and applicable: (1)
Made a reasoned determination that the benefits justify the costs of
the rule changes; (2) tailored the rules to impose the least burden on
society consistent with obtaining the regulatory objectives; (3)
selected a regulatory approach that maximizes net benefits; (4)
specified performance objectives; (5) identified and assessed available
alternatives; (6) provided the public with a meaningful opportunity to
participate in the regulatory process, including soliciting the views
of those likely affected prior to issuing a notice of proposed
rulemaking, and provided on-line access to the rulemaking docket; (7)
attempted to promote coordination, simplification, and harmonization
across government agencies and identified goals designed to promote
innovation; (8) considered approaches that reduce burdens and maintain
flexibility and freedom of choice for the public; and (9) ensured the
objectivity of scientific and technological information and processes,
to the extent applicable.
Executive Order 13132 (Federalism): This rulemaking does not
contain policies with federalism implications sufficient to warrant
preparation of a Federalism Assessment under Executive Order 13132
(Aug. 4, 1999).
Unfunded Mandates Reform Act of 1995: The changes set forth in this
rulemaking do not involve a Federal intergovernmental mandate that will
result in the expenditure by State, local, and tribal governments, in
the aggregate, of 100 million dollars (as adjusted) or more in any one
year, or a Federal private sector mandate that will result in the
expenditure by the private sector of 100 million dollars (as adjusted)
or more in any one year, and will not significantly or uniquely affect
small governments. Therefore, no actions are necessary under the
provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C.
1501 et seq.
Paperwork Reduction Act: This final rule does not involve
information collection requirements which are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
[[Page 76869]]
List of Subjects in 37 CFR Part 6
Administrative practice and procedure, Classification, Trademarks.
For the reasons given in the preamble and under the authority
contained in 15 U.S.C. 1112, 1123 and 35 U.S.C. 2, as amended, the
USPTO is amending part 6 of title 37 as follows:
PART 6--CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK
ACT
0
1. The authority citation for 37 CFR part 6 continues to read as
follows:
Authority: Secs. 30, 41, 60 Stat. 436, 440; 15 U.S.C. 1112,
1123; 35 U.S.C. 2, unless otherwise noted.
0
2. Revise Sec. 6.1 to read as follows:
Sec. 6.1 International schedule of classes of goods and services.
Goods
1. Chemicals used in industry, science and photography, as well as
in agriculture, horticulture and forestry; unprocessed artificial
resins, unprocessed plastics; manures; fire extinguishing compositions;
tempering and soldering preparations; chemical substances for
preserving foodstuffs; tanning substances; adhesives used in industry.
2. Paints, varnishes, lacquers; preservatives against rust and
against deterioration of wood; colorants; mordants; raw natural resins;
metals in foil and powder form for use in painting, decorating,
printing and art.
3. Bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations; non-medicated
soaps; perfumery, essential oils, non-medicated cosmetics, non-
medicated hair lotions; non-medicated dentifrices.
4. Industrial oils and greases; lubricants; dust absorbing, wetting
and binding compositions; fuels (including motor spirit) and
illuminants; candles and wicks for lighting.
5. Pharmaceuticals, medical and veterinary preparations; sanitary
preparations for medical purposes; dietetic food and substances adapted
for medical use or veterinary use, food for babies; dietary supplements
for humans and animals; plasters, materials for dressings; material for
stopping teeth, dental wax; disinfectants; preparations for destroying
vermin; fungicides, herbicides.
6. Common metals and their alloys, ores; metal materials for
building and construction; transportable buildings of metal; non-
electric cables and wires of common metal; small items of metal
hardware; metal containers for storage or transport; safes.
7. Machines and machine tools; motors and engines (except for land
vehicles); machine coupling and transmission components (except for
land vehicles); agricultural implements other than hand-operated;
incubators for eggs; automatic vending machines.
8. Hand tools and implements (hand-operated); cutlery; side arms;
razors.
9. Scientific, nautical, surveying, photographic, cinematographic,
optical, weighing, measuring, signalling, checking (supervision), life-
saving and teaching apparatus and instruments; apparatus and
instruments for conducting, switching, transforming, accumulating,
regulating or controlling electricity; apparatus for recording,
transmission or reproduction of sound or images; magnetic data
carriers, recording discs; compact discs, DVDs and other digital
recording media; mechanisms for coin-operated apparatus; cash
registers, calculating machines, data processing equipment, computers;
computer software; fire-extinguishing apparatus.
10. Surgical, medical, dental and veterinary apparatus and
instruments; artificial limbs, eyes and teeth; orthopaedic articles;
suture materials; therapeutic and assistive devices adapted for the
disabled; massage apparatus; apparatus, devices and articles for
nursing infants; sexual activity apparatus, devices and articles.
11. Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply and sanitary purposes.
12. Vehicles; apparatus for locomotion by land, air or water.
13. Firearms; ammunition and projectiles; explosives; fireworks.
14. Precious metals and their alloys; jewellery, precious and semi-
precious stones; horological and chronometric instruments.
15. Musical instruments.
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; plastic
sheets, films and bags for wrapping and packaging; printers' type,
printing blocks.
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.
18. Leather and imitations of leather; animal skins and hides;
luggage and carrying bags; umbrellas and parasols; walking sticks;
whips, harness and saddlery; collars, leashes and clothing for animals.
19. Building materials (non-metallic); non-metallic rigid pipes for
building; asphalt, pitch and bitumen; non-metallic transportable
buildings; monuments, not of metal.
20. Furniture, mirrors, picture frames; containers, not of metal,
for storage or transport; unworked or semi-worked bone, horn, whalebone
or mother-of-pearl; shells; meerschaum; yellow amber.
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.
22. Ropes and string; nets; tents and tarpaulins; awnings of
textile or synthetic materials; sails; sacks for the transport and
storage of materials in bulk; padding, cushioning and stuffing
materials, except of paper, cardboard, rubber or plastics; raw fibrous
textile materials and substitutes therefor.
23. Yarns and threads, for textile use.
24. Textiles and substitutes for textiles; household linen;
curtains of textile or plastic.
25. Clothing, footwear, headgear.
26. Lace and embroidery, ribbons and braid; buttons, hooks and
eyes, pins and needles; artificial flowers; hair decorations; false
hair.
27. Carpets, rugs, mats and matting, linoleum and other materials
for covering existing floors; wall hangings (non-textile).
28. Games, toys and playthings; video game apparatus; gymnastic and
sporting articles; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat extracts; preserved, frozen,
dried and cooked fruits and vegetables; jellies, jams, compotes; eggs;
milk and milk products; edible oils and fats.
30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and
sago; flour and preparations made from cereals; bread, pastries and
confectionery; edible ices; sugar, honey, treacle; yeast, baking-
powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
31. Raw and unprocessed 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.
[[Page 76870]]
32. Beers; mineral and aerated waters and other non-alcoholic
beverages; fruit beverages and fruit juices; syrups and other
preparations for making beverages.
33. Alcoholic beverages (except beers).
34. Tobacco; smokers' articles; matches.
Services
35. Advertising; business management; business administration;
office functions.
36. Insurance; financial affairs; monetary affairs; real estate
affairs.
37. Building construction; repair; installation services.
38. Telecommunications.
39. Transport; packaging and storage of goods; travel arrangement.
40. Treatment of materials.
41. Education; providing of training; entertainment; sporting and
cultural activities.
42. Scientific and technological services and research and design
relating thereto; industrial analysis and research services; design and
development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services; veterinary services; hygienic and beauty care
for human beings or animals; agriculture, horticulture and forestry
services.
45. Legal services; security services for the physical protection
of tangible property and individuals; personal and social services
rendered by others to meet the needs of individuals.
Dated: October 31, 2016.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2016-26682 Filed 11-3-16; 8:45 am]
BILLING CODE 3510-16-P
