International Trademark Classification Changes, 65680-65683 [2019-25807]

Download as PDF 65680 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations warrant, petty officer, or any Federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Boston, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this section. (2) Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Boston to enforce this section. (d) Regulations. When this safety zone is enforced, the regulations in paragraphs (d)(1) and (2) of this section, along with those contained in § 165.23 apply: (1) No person or vessel may enter or remain in this safety zone without the permission of the COTP Boston or the COTP’s designated representatives. However, any person or vessel permitted to enter the safety zone must comply with the directions and orders of the COTP Boston or the COTP’s designated representatives. (2) To obtain permission required by this section, individuals may reach the COTP Boston or a COTP-designated representative via Channel 16 (VHF– FM) or 617–223–5757 (Sector Boston Command Center). (e) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232. Dated: November 21, 2019. Eric J. Doucette, Captain, U.S. Coast Guard, Captain of the Port Boston. [FR Doc. 2019–25859 Filed 11–27–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 6 [Docket No. PTO–T–2019–0036] RIN 0651–AD44 International Trademark Classification Changes United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule. khammond on DSKJM1Z7X2PROD with RULES AGENCY: The United States Patent and Trademark Office (USPTO) issues this final rule to incorporate classification changes adopted by the Nice Agreement SUMMARY: VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks, which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2020. DATES: This rule is effective on January 1, 2020. FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy Commissioner for Trademark Examination Policy, (571) 272–8946, 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, 2020. Specifically, this rule adds new, or deletes existing, goods and services from 7 class headings to further define the types of goods and/or services appropriate to the class. 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, as listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed., ver. 2020) (Nice Classification), published by WIPO, and that will become effective January 1, 2020. 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 website, commented upon, modified, and compiled by WIPO for PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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 were incorporated into the Nice Agreement during the 29th Session of the Committee of Experts, from April 29, 2019, through May 3, 2019. 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 7 class headings, as further discussed in the Discussion of Regulatory Changes. 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. Discussion of Regulatory Changes The USPTO is revising § 6.1 as follows: In Class 10, the wording ‘‘the disabled’’ is amended to ‘‘persons with disabilities.’’ In Class 29, the wording ‘‘yoghurt’’ is amended to ‘‘yogurt.’’ In Class 37, the wording ‘‘Building construction’’ is amended to ‘‘Construction services.’’ The wording ‘‘repair;’’ is deleted where it appears as a separate clause. The wording ‘‘installation services’’ is amended to ‘‘installation and repair services’’ and the period after ‘‘services’’ is replaced with a semi-colon. The wording E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations ‘‘mining extraction, oil and gas drilling’’ is added thereafter. In Class 38, the wording ‘‘Telecommunications’’ is amended to add ‘‘services’’ thereafter. In Class 40, the period after ‘‘Treatment of materials’’ is replaced with a semi-colon. The wording ‘‘recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation’’ is added thereafter. In Class 42, the wording ‘‘industrial analysis and industrial research services’’ is amended to replace the ‘‘and’’ after ‘‘analysis’’ with a comma, and to add ‘‘and industrial design’’ after ‘‘research’’ and before ‘‘services.’’ The wording ‘‘quality control and authentication services;’’ is added immediately thereafter. In Class 44, the wording ‘‘agriculture, horticulture and forestry services’’ is amended to add ‘‘aquaculture,’’ after ‘‘agriculture.’’ khammond on DSKJM1Z7X2PROD with RULES Rulemaking Requirements A. 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, VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 or practice’’ (quoting 5 U.S.C. 553(b)(A))). B. 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. C. 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). D. 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; (2) tailored the rule 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) involved the public in an open exchange of information and perspectives among experts in relevant disciplines, affected stakeholders in the private sector and the public as a whole, 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. E. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs): This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. F. 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). G. Executive Order 13175 (Tribal Consultation): This rulemaking will not: (1) Have substantial direct effects on one or more Indian tribes; (2) impose substantial direct compliance costs on Indian tribal governments; or (3) preempt tribal law. Therefore, a tribal summary impact statement is not PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 65681 required under Executive Order 13175 (Nov. 6, 2000). H. Executive Order 13211 (Energy Effects): This rulemaking is not a significant energy action under Executive Order 13211 because this rulemaking is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required under Executive Order 13211 (May 18, 2001). I. Executive Order 12988 (Civil Justice Reform): This rulemaking meets applicable standards to minimize litigation, eliminate ambiguity, and reduce burden as set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Feb. 5, 1996). J. Executive Order 13045 (Protection of Children): This rulemaking does not concern an environmental risk to health or safety that may disproportionately affect children under Executive Order 13045 (Apr. 21, 1997). K. Executive Order 12630 (Taking of Private Property): This rulemaking will not affect a taking of private property or otherwise have taking implications under Executive Order 12630 (Mar. 15, 1988). L. Congressional Review Act: Under the Congressional Review Act provisions of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the USPTO will submit a report containing the final rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the Government Accountability Office. The changes in this notice are not expected to result in an annual effect on the economy of 100 million dollars or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. Therefore, this notice is not expected to result in a ‘‘major rule’’ as defined in 5 U.S.C. 804(2). M. Unfunded Mandates Reform Act of 1995: The changes set forth in this notice 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 E:\FR\FM\29NOR1.SGM 29NOR1 65682 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations necessary under the provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq. N. National Environmental Policy Act: This rulemaking will not have any effect on the quality of the environment and is thus categorically excluded from review under the National Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq. O. National Technology Transfer and Advancement Act: The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does not contain provisions that involve the use of technical standards. P. 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.). List of Subjects in 37 CFR Part 6 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 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. khammond on DSKJM1Z7X2PROD with RULES Goods 1. Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science. 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art. VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 3. Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations. 4. Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels 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 or veterinary use, food for babies; dietary supplements for human beings 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, machine tools, poweroperated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines. 8. Hand tools and implements, handoperated; cutlery; side arms, except firearms; razors. 9. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fireextinguishing apparatus. 10. Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles. 11. Apparatus and installations for lighting, heating, cooling, steam generating, cooking, 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; music stands and stands for musical instruments; conductors’ batons. 16. Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; 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. Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; 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; cookware and tableware, except forks, knives and spoons; 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 E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations 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, headwear. 26. Lace, braid and embroidery, and haberdashery ribbons and bows; 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, not of 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, cheese, butter, yogurt and other milk products; oils and fats for food. 30. Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water). 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. 32. Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages. 33. Alcoholic beverages, except beers; alcoholic preparations for making beverages. 34. Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches. khammond on DSKJM1Z7X2PROD with RULES Services 35. Advertising; business management; business administration; office functions. 36. Insurance; financial affairs; monetary affairs; real estate affairs. 37. Construction services; installation and repair services; mining extraction, oil and gas drilling. 38. Telecommunications services. VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 39. Transport; packaging and storage of goods; travel arrangement. 40. Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation. 41. Education; providing of training; entertainment; sporting and cultural activities. 42. Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication 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, aquaculture, 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: November 21, 2019. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2019–25807 Filed 11–27–19; 8:45 am] BILLING CODE 3510–16–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2019–0394; FRL–10002– 56–Region 5] Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Ohio Portion of the Steubenville Sulfur Dioxide Nonattainment Area Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Ohio portion of the Steubenville Ohio-West Virginia interstate sulfur dioxide (SO2) nonattainment area (Steubenville nonattainment area) from nonattainment to attainment. EPA is also approving Ohio’s maintenance plan. Emissions of SO2 in the area have been reduced and the air quality in the nonattainment area is currently well below the 2010 SO2 SUMMARY: PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 65683 national ambient air quality standard (NAAQS). DATES: This final rule is effective on November 29, 2019. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2019–0394. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Mary Portanova, Environmental Engineer, at (312) 353–5954, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–5954, portanova.mary@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. Background Information On September 20, 2019 (84 FR 49492), EPA proposed to redesignate the Ohio portion of the Steubenville Ohio-West Virginia interstate SO2 nonattainment area from nonattainment to attainment of the 2010 SO2 NAAQS. EPA also proposed to approve Ohio’s SO2 maintenance plan for the area. An explanation of the CAA requirements for redesignation, a detailed analysis of the redesignation request and maintenance plan, and EPA’s reasons for proposing approval were provided in the notice of proposed rulemaking and will not be restated here. The public comment period for this proposed rule ended on October 21, 2019. The Steubenville nonattainment area is comprised of a portion of Jefferson County, Ohio and a portion of Brooke County, West Virginia. The Ohio portion of the Steubenville nonattainment area includes Cross E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65680-65683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25807]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO-T-2019-0036]
RIN 0651-AD44


International Trademark Classification Changes

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO) issues 
this 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 listed in the International 
Classification of Goods and Services for the Purposes of the 
Registration of Marks, which is published by the World Intellectual 
Property Organization (WIPO), and will become effective on January 1, 
2020.

DATES: This rule is effective on January 1, 2020.

FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy 
Commissioner for Trademark Examination Policy, (571) 272-8946, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Purpose: As noted above, this final rule incorporates 
classification changes adopted by the Nice Agreement that will become 
effective on January 1, 2020. Specifically, this rule adds new, or 
deletes existing, goods and services from 7 class headings to further 
define the types of goods and/or services appropriate to the class.
    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, as listed in the 
International Classification of Goods and Services for the Purposes of 
the Registration of Marks (11th ed., ver. 2020) (Nice Classification), 
published by WIPO, and that will become effective January 1, 2020.
    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 website, 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 were incorporated into the 
Nice Agreement during the 29th Session of the Committee of Experts, 
from April 29, 2019, through May 3, 2019. 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 7 class 
headings, as further discussed in the Discussion of Regulatory Changes. 
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.

Discussion of Regulatory Changes

    The USPTO is revising Sec.  6.1 as follows:
    In Class 10, the wording ``the disabled'' is amended to ``persons 
with disabilities.''
    In Class 29, the wording ``yoghurt'' is amended to ``yogurt.''
    In Class 37, the wording ``Building construction'' is amended to 
``Construction services.'' The wording ``repair;'' is deleted where it 
appears as a separate clause. The wording ``installation services'' is 
amended to ``installation and repair services'' and the period after 
``services'' is replaced with a semi-colon. The wording

[[Page 65681]]

``mining extraction, oil and gas drilling'' is added thereafter.
    In Class 38, the wording ``Telecommunications'' is amended to add 
``services'' thereafter.
    In Class 40, the period after ``Treatment of materials'' is 
replaced with a semi-colon. The wording ``recycling of waste and trash; 
air purification and treatment of water; printing services; food and 
drink preservation'' is added thereafter.
    In Class 42, the wording ``industrial analysis and industrial 
research services'' is amended to replace the ``and'' after 
``analysis'' with a comma, and to add ``and industrial design'' after 
``research'' and before ``services.'' The wording ``quality control and 
authentication services;'' is added immediately thereafter.
    In Class 44, the wording ``agriculture, horticulture and forestry 
services'' is amended to add ``aquaculture,'' after ``agriculture.''

Rulemaking Requirements

    A. 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))).
    B. 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.
    C. 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).
    D. 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; (2) tailored the rule 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) involved the public in an open exchange of 
information and perspectives among experts in relevant disciplines, 
affected stakeholders in the private sector and the public as a whole, 
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.
    E. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs): This rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.
    F. 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).
    G. Executive Order 13175 (Tribal Consultation): This rulemaking 
will not: (1) Have substantial direct effects on one or more Indian 
tribes; (2) impose substantial direct compliance costs on Indian tribal 
governments; or (3) preempt tribal law. Therefore, a tribal summary 
impact statement is not required under Executive Order 13175 (Nov. 6, 
2000).
    H. Executive Order 13211 (Energy Effects): This rulemaking is not a 
significant energy action under Executive Order 13211 because this 
rulemaking is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy. Therefore, a Statement of 
Energy Effects is not required under Executive Order 13211 (May 18, 
2001).
    I. Executive Order 12988 (Civil Justice Reform): This rulemaking 
meets applicable standards to minimize litigation, eliminate ambiguity, 
and reduce burden as set forth in sections 3(a) and 3(b)(2) of 
Executive Order 12988 (Feb. 5, 1996).
    J. Executive Order 13045 (Protection of Children): This rulemaking 
does not concern an environmental risk to health or safety that may 
disproportionately affect children under Executive Order 13045 (Apr. 
21, 1997).
    K. Executive Order 12630 (Taking of Private Property): This 
rulemaking will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Mar. 15, 1988).
    L. Congressional Review Act: Under the Congressional Review Act 
provisions of the Small Business Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the USPTO 
will submit a report containing the final rule and other required 
information to the United States Senate, the United States House of 
Representatives, and the Comptroller General of the Government 
Accountability Office. The changes in this notice are not expected to 
result in an annual effect on the economy of 100 million dollars or 
more, a major increase in costs or prices, or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets. 
Therefore, this notice is not expected to result in a ``major rule'' as 
defined in 5 U.S.C. 804(2).
    M. Unfunded Mandates Reform Act of 1995: The changes set forth in 
this notice 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

[[Page 65682]]

necessary under the provisions of the Unfunded Mandates Reform Act of 
1995. See 2 U.S.C. 1501 et seq.
    N. National Environmental Policy Act: This rulemaking will not have 
any effect on the quality of the environment and is thus categorically 
excluded from review under the National Environmental Policy Act of 
1969. See 42 U.S.C. 4321 et seq.
    O. National Technology Transfer and Advancement Act: The 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because 
this rulemaking does not contain provisions that involve the use of 
technical standards.
    P. 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.).

List of Subjects in 37 CFR Part 6

    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 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.  [thinsp]6.1 to read as follows:


Sec.  [thinsp]6.1  International schedule of classes of goods and 
services.

Goods

    1. Chemicals for use in industry, science and photography, as well 
as in agriculture, horticulture and forestry; unprocessed artificial 
resins, unprocessed plastics; fire extinguishing and fire prevention 
compositions; tempering and soldering preparations; substances for 
tanning animal skins and hides; adhesives for use in industry; putties 
and other paste fillers; compost, manures, fertilizers; biological 
preparations for use in industry and science.
    2. Paints, varnishes, lacquers; preservatives against rust and 
against deterioration of wood; colorants, dyes; inks for printing, 
marking and engraving; raw natural resins; metals in foil and powder 
form for use in painting, decorating, printing and art.
    3. Non-medicated cosmetics and toiletry preparations; non-medicated 
dentifrices; perfumery, essential oils; bleaching preparations and 
other substances for laundry use; cleaning, polishing, scouring and 
abrasive preparations.
    4. Industrial oils and greases, wax; lubricants; dust absorbing, 
wetting and binding compositions; fuels 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 or veterinary use, food for babies; dietary supplements for 
human beings 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, machine tools, power-operated tools; motors and 
engines, except for land vehicles; machine coupling and transmission 
components, except for land vehicles; agricultural implements, other 
than hand-operated hand tools; incubators for eggs; automatic vending 
machines.
    8. Hand tools and implements, hand-operated; cutlery; side arms, 
except firearms; razors.
    9. Scientific, research, navigation, surveying, photographic, 
cinematographic, audiovisual, optical, weighing, measuring, signalling, 
detecting, testing, inspecting, life-saving and teaching apparatus and 
instruments; apparatus and instruments for conducting, switching, 
transforming, accumulating, regulating or controlling the distribution 
or use of electricity; apparatus and instruments for recording, 
transmitting, reproducing or processing sound, images or data; recorded 
and downloadable media, computer software, blank digital or analogue 
recording and storage media; mechanisms for coin-operated apparatus; 
cash registers, calculating devices; computers and computer peripheral 
devices; diving suits, divers' masks, ear plugs for divers, nose clips 
for divers and swimmers, gloves for divers, breathing apparatus for 
underwater swimming; 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 persons 
with disabilities; massage apparatus; apparatus, devices and articles 
for nursing infants; sexual activity apparatus, devices and articles.
    11. Apparatus and installations for lighting, heating, cooling, 
steam generating, cooking, 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; music stands and stands for musical 
instruments; conductors' batons.
    16. Paper and cardboard; printed matter; bookbinding material; 
photographs; stationery and office requisites, except furniture; 
adhesives for stationery or household purposes; drawing materials and 
materials for artists; 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. Materials, not of metal, for building and construction; rigid 
pipes, not of metal, for building; asphalt, pitch, tar and bitumen; 
transportable buildings, not of metal; 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; cookware and 
tableware, except forks, knives and spoons; 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

[[Page 65683]]

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, headwear.
    26. Lace, braid and embroidery, and haberdashery ribbons and bows; 
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, not of 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, cheese, butter, yogurt and other milk products; oils and fats for 
food.
    30. Coffee, tea, cocoa and artificial coffee; rice, pasta and 
noodles; tapioca and sago; flour and preparations made from cereals; 
bread, pastries and confectionery; chocolate; ice cream, sorbets and 
other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, 
seasonings, spices, preserved herbs; vinegar, sauces and other 
condiments; ice (frozen water).
    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.
    32. Beers; non-alcoholic beverages; mineral and aerated waters; 
fruit beverages and fruit juices; syrups and other non-alcoholic 
preparations for making beverages.
    33. Alcoholic beverages, except beers; alcoholic preparations for 
making beverages.
    34. Tobacco and tobacco substitutes; cigarettes and cigars; 
electronic cigarettes and oral vaporizers for smokers; smokers' 
articles; matches.

Services

    35. Advertising; business management; business administration; 
office functions.
    36. Insurance; financial affairs; monetary affairs; real estate 
affairs.
    37. Construction services; installation and repair services; mining 
extraction, oil and gas drilling.
    38. Telecommunications services.
    39. Transport; packaging and storage of goods; travel arrangement.
    40. Treatment of materials; recycling of waste and trash; air 
purification and treatment of water; printing services; food and drink 
preservation.
    41. Education; providing of training; entertainment; sporting and 
cultural activities.
    42. Scientific and technological services and research and design 
relating thereto; industrial analysis, industrial research and 
industrial design services; quality control and authentication 
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, aquaculture, 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: November 21, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2019-25807 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-16-P