International Trademark Classification Changes, 61244-61248 [2022-22065]
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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations
(B) Any drug offense, and
(ii) A delay in the issuance or
reinstatement of a driver’s license to
such an individual for at least 6 months
after the individual otherwise would
have been eligible to have a driver’s
license issued or reinstated if the
individual does not have a driver’s
license, or the driver’s license of the
individual is suspended, at the time the
individual is so convicted, or
(2) The Governor of the State or their
designee:
(i) Submits to the Secretary through
its respective FHWA Division
Administrator a written certification
stating that the Governor is opposed to
the enactment or enforcement in the
State of a law described in paragraph
(b)(1) of this section relating to the
revocation, suspension, issuance, or
reinstatement of driver’s licenses to
convicted drug offenders; and
(ii) Submits to the Secretary a written
certification that the legislature
(including both Houses where
applicable) has adopted a resolution
expressing its opposition to a law
described in paragraph (b)(1) of this
section.
(c) A State that makes exceptions for
compelling circumstances must do so in
accordance with a State law, regulation,
binding policy directive or statewide
published guidelines establishing the
conditions for making such exceptions
and in exceptional circumstances
specific to the offender.
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§ 192.5
Certification requirements.
(a) Each State shall certify to the
Secretary by January 1, 2023, that it
meets the requirements of 23 U.S.C. 159
and this regulation. Subsequently, each
State shall certify to the Secretary
through its respective FHWA Division
Administrator that it meets the
requirements of 23 U.S.C. 159 and this
regulation when there is a change to the
State law, regulation, or binding policy
relating to the suspension, revocation,
issuance, or reinstatement or driver’s
licenses of drug offenders within 90
days of the effective date of a State
legislative change that affects State
compliance with this section.
(b) If the State believes it meets the
requirements of 23 U.S.C. 159 and this
regulation on the basis that it has
enacted and is enforcing a law that
suspends or revokes the driver’s
licenses of drug offenders, the
certification shall contain a statement by
the Governor of the State, or their
designee, that the State has enacted and
is enforcing a Drug Offender’s Driver’s
License Suspension law that conforms
to 23 U.S.C. 159(a)(3)(A). The certifying
statement may be worded as follows: I,
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(Name of Governor or designee), (ADD
TITLE on behalf of the) Governor of the
(State or Commonwealth) of ll, do
hereby certify that the (State or
Commonwealth) of ll, has enacted
and is enforcing a Drug Offender’s
Driver’s License Suspension law that
conforms to section 23 U.S.C.
159(a)(3)(A).
(c) If the State believes it meets the
requirements of 23 U.S.C. 159(a)(3)(B)
on the basis that it opposes a law that
requires the suspension, revocation, or
delay in issuance or reinstatement of the
driver’s licenses of drug offenders that
conforms to 23 U.S.C. 159(a)(3)(A), the
certification shall contain:
(1) A statement by the Governor of the
State or their designee that the Governor
is opposed to the enactment or
enforcement of a law that conforms to
23 U.S.C. 159(a)(3)(A) and that the State
legislature has adopted a resolution
expressing its opposition to such a law.
The certifying statement may be worded
as follows: I, (Name of Governor or
designee), (ADD TITLE on behalf of the)
Governor of the (State or
Commonwealth of ll, do hereby
certify that I am opposed to the
enactment or enforcement of a law that
conforms to 23 U.S.C. 159(a)(3)(A) and
that the legislature of the (State or
Commonwealth) of ll, has adopted a
resolution expressing its opposition to
such a law.
(2) Until a State has been determined
to be in compliance with the
requirements of 23 U.S.C. 159(a)(3)(B)
and this regulation, the certification
shall include a copy of the resolution.
(d) The Governor or their designee
shall submit an electronic copy of the
certification to its respective FHWA
Division Administrator. The FHWA
Division Administrator shall retain an
electronic copy and forward an
electronic copy to both the FHWA
Office of Safety and the FHWA Office of
the Chief Counsel.
(e) Any changes to the certification or
supplemental information necessitated
by the review of the certifications as
they are forwarded, State legislative
changes that affects State compliance of
this section, or changes in State
enforcement activity shall be submitted
within 90 days of the change being
effective.
§ 192.6
funds.
Period of availability of withheld
Funds withheld under § 192.4 from
apportionment to any State will not be
available for apportionment to the State
and shall lapse immediately.
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§ 192.7 Procedures affecting States in
noncompliance.
(a) If FHWA determines that the State
is not in compliance with 23 U.S.C.
159(a)(3), the State will be advised of
the funds expected to be withheld under
§ 192.4 from apportionment, as part of
the advance notice of apportionments
required under 23 U.S.C. 104(e). This
notification will normally occur not
later than 90 days before the beginning
of the fiscal year for which the sums to
be apportioned are authorized. The
State may, within 30 days of its receipt
of the advance notice of
apportionments, submit documentation
demonstrating its compliance.
Documentation shall be submitted
electronically to the FHWA Division
Administrator for that State. The FHWA
Division Administrator shall retain an
electronic copy and forward an
electronic copy to both the FHWA
Office of Safety and the FHWA Office of
the Chief Counsel.
(b) Each fiscal year, each State
determined not to be in compliance
with 23 U.S.C. 159(a)(3), based on
FHWA’s final determination, will
receive notice of the funds being
withheld under § 192.4 from
apportionment, as part of the
certification of apportionments required
under 23 U.S.C. 104(e), which normally
occurs on October 1 of each fiscal year.
[FR Doc. 2022–21722 Filed 10–7–22; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO–T–2022–0022]
RIN 0651–AD61
International Trademark Classification
Changes
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule.
AGENCY:
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 (Nice Classification), which is
published by the World Intellectual
SUMMARY:
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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations
Property Organization (WIPO), and will
become effective on January 1, 2023.
DATES: This rule is effective on January
1, 2023.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, at 571–272–8946 or
TMPolicy@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, 2023.
Specifically, this rule adds new services
to, or deletes existing services from, two
class headings to further define the
types of services appropriate to the
classes.
Summary of Major Provisions: The
USPTO is revising § 6.1 of 37 CFR part
6 to incorporate classification changes
and modifications, as listed in the Nice
Classification (12th ed., ver. 2023),
published by WIPO, that will become
effective on January 1, 2023.
The Nice Agreement is a multilateral
treaty, administered by WIPO, that
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, for all
statutory purposes, to all applications
filed on or after September 1, 1973, and
their resulting registrations. See 37 CFR
2.85(a). Every signatory to the Nice
Agreement must use 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 of the Committee of
Experts, in accordance with agreedupon rules of procedure. Proposals are
currently submitted annually to an
electronic forum on the WIPO website,
where they are commented on,
modified, and compiled 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 an edition number and the year of
the effective date (e.g., ‘‘Nice
Classification, 10th edition, version
2013’’ or ‘‘NCL 10–2013’’). Each annual
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version includes all changes adopted by
the Committee of Experts since the
adoption of the previous version. The
changes consist of: (1) The addition of
new goods and services to, and deletion
of goods and services from, the
Alphabetical List; and (2) 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.
Beginning on January 1, 2023, new
editions of the Nice Classification will
be published electronically every three
years. They will include all changes
adopted since the previous edition, as
well as goods or services transferred
from one class to another and new
classes that have been created since the
previous edition.
Due to the worldwide impact of
COVID–19, the International Bureau (IB)
at WIPO announced on February 25,
2022, that the 32nd session of the
Committee of Experts would be held in
a hybrid format, with WIPO
participating at the WIPO headquarters
in Geneva and member states
participating via an online platform or
in person. The annual revisions
contained in this final rule consist of
modifications to the class headings that
were incorporated into the Nice
Agreement through e-voting during the
32nd session of the Committee of
Experts, which took place from April
25–29, 2022. 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 services to, or deletes
existing services from, two class
headings, as set forth in the discussion
of regulatory changes below. The
changes to the class headings further
define the types of 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 36, the wording ‘‘affairs’’ is
amended to ‘‘services.’’
In Class 45, the wording ‘‘personal
and social services rendered by others to
meet the needs of individuals’’ after
‘‘security services for the physical
protection of tangible property and
individuals;’’ is replaced with the
wording ‘‘dating services, online social
networking services; funerary services;
babysitting.’’
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61245
Rulemaking Requirements
A. Administrative Procedure Act: The
changes in this rulemaking involve rules
of agency practice and procedure or
interpretive rules. See Perez v. Mortg.
Bankers Ass’n, 575 U.S. 92, 97 (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, 575 U.S.
at 101 (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), do 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
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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations
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 online 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 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).
F. 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).
G. 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).
H. 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).
I. 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).
J. 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).
K. Congressional Review Act: Under
the Congressional Review Act
provisions of the Small Business
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Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), 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 rulemaking are not expected to
result in an annual effect on the
economy of $100 million 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 rulemaking is not
expected to result in a ‘‘major rule’’ as
defined in 5 U.S.C. 804(2).
L. 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 (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 (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.
M. National Environmental Policy Act
of 1969: 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.
N. National Technology Transfer and
Advancement Act of 1995: 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.
O. Paperwork Reduction Act of 1995:
This final rule does not involve
information collection requirements that
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.).
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
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information has a currently valid OMB
control number.
P. E-Government Act Compliance:
The USPTO is committed to compliance
with the E-Government Act to promote
the use of the internet and other
information technologies, to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
List of Subjects in 37 CFR Part 6
Administrative practice and
procedure, Courts, Lawyers,
Trademarks.
For the reasons given in the preamble
and under the authority contained in 15
U.S.C. 1112 and 1123 and 35 U.S.C. 2,
as amended, the USPTO is amending 37
CFR part 6 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.
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
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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;
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.
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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
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
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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 substitutes
therefor; 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 preparations for making nonalcoholic 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, organization and
administration; office functions.
36. Financial, monetary and banking
services; insurance services; real estate
services.
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,
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11OCR1
61248
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations
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; dating
services, online social networking
services; funerary services; babysitting.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–22065 Filed 10–7–22; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AO19
Schedule for Rating Disabilities: The
Hematologic and Lymphatic Systems;
Correction
Department of Veterans Affairs.
ACTION: Correcting amendments.
AGENCY:
On October 29, 2018, the
Department of Veterans Affairs (VA)
published in the Federal Register a final
rule that amended the portion of the VA
Schedule for Rating Disabilities
(‘‘VASRD’’ or ‘‘rating schedule’’) that
addresses the hematologic and
lymphatic systems. This correction
SUMMARY:
addresses two typographical errors in
the text of a 100-percent disability
evaluation language under diagnostic
code (DC) 7718, Essential
Thrombocythemia and Primary
Myelofibrosis, and Note (2) under DC
7718 in the published final rule.
DATES: This correction is effective
October 11, 2022. The correction is
applicable as of December 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Leah Carey, Regulations Analyst,
VASRD Program Management Office
(218A), Compensation Service, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
9700. (This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION: VA is
correcting its regulations published on
October 29, 2018, in the Federal
Register at 83 FR 54250 in the final rule
‘‘RIN 2900–AO19, Schedule for Rating
Disabilities: The Hematologic and
Lymphatic Systems’’. The first error is
within the text of the 100 percent
evaluation for diagnostic code (DC) 7718
Essential Thrombocythemia and
Primary Myelofibrosis. Within the
preamble of the proposed rule, VA
proposed a 100-percent evaluation in
cases requiring either continuous
myelosuppressive therapy or, for six
months following hospital admission,
any of the following treatments:
peripheral blood or bone marrow stem
cell transplant, or chemotherapy, or
radioactive phosphorus. (See 80 FR
46888 published August 6, 2015.)
Within the final rule, VA replaced
radioactive phosphorus with interferon
treatment because radioactive
phosphorus is an outdated treatment
and interferon alpha treatment is in line
with current clinical practice. (See 83
FR 54253 published October 29, 2018.)
However, VA omitted ‘‘any of the
following treatments:’’ in the regulatory
text of its proposed and final rules. VA
corrects this error by adding the phrase
‘‘for any of the following treatments:’’
after the words ‘‘hospital admission’’ of
the 100-percent disability evaluation
criteria under DC 7718.
The second error is within the text of
Note (2) under DC 7718. VA excluded
interferon treatment from its discussion
regarding the assignment of 100 percent
evaluations and mandatory VA
examinations following hospital
admission. To promote clarity and the
consistency of application of its rating
schedule, VA adds interferon treatment
to the list of treatments to the text on
Note (2). This change is editorial in
nature and does not result in any
substantive changes to the rating
criteria.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions,
Veterans.
For the reasons set out in the
preamble, 38 CFR part 4 is corrected by
making the following correcting
amendment:
PART 4—SCHEDULE FOR RATING
DISABILITIES
1. The authority citation for part 4
continues to read as follows:
■
Authority: 38 U.S.C. 1155, unless
otherwise noted.
2. Amend § 4.117 by revising the entry
for diagnostic code 7718 to read as
follows:
■
§ 4.117 Schedule of ratings—hematologic
and lymphatic systems.
*
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
Rating
*
*
*
*
*
*
7718 Essential thrombocythemia and primary myelofibrosis:
Requiring either continuous myelosuppressive therapy, or, for six months following hospital admission for any of the following
treatments: peripheral blood or bone marrow stem cell transplant, or chemotherapy, or interferon treatment .............................
Requiring continuous or intermittent myelosuppressive therapy, or chemotherapy, or interferon treatment to maintain platelet
count <500 × 109/L ..........................................................................................................................................................................
Requiring continuous or intermittent myelosuppressive therapy, or chemotherapy, or interferon treatment to maintain platelet
count of 200,000–400,000, or white blood cell (WBC) count of 4,000–10,000 ..............................................................................
Asymptomatic ......................................................................................................................................................................................
Note (1): If the condition undergoes leukemic transformation, evaluate as leukemia under diagnostic code 7703.
Note (2): A 100 percent evaluation shall be assigned as of the date of hospital admission for peripheral blood or bone marrow
stem cell transplant; or during the period of treatment with chemotherapy (including myelosuppressants) or interferon treatment. Six months following hospital discharge or, in the case of chemotherapy treatment, six months after completion of treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any reduction in evaluation based
upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter.
*
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]]>Agencies
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61244-61248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22065]
=======================================================================
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO-T-2022-0022]
RIN 0651-AD61
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 (Nice Classification), which is published by the
World Intellectual
[[Page 61245]]
Property Organization (WIPO), and will become effective on January 1,
2023.
DATES: This rule is effective on January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, at 571-272-8946 or
[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, 2023. Specifically, this rule adds new services
to, or deletes existing services from, two class headings to further
define the types of services appropriate to the classes.
Summary of Major Provisions: The USPTO is revising Sec. 6.1 of 37
CFR part 6 to incorporate classification changes and modifications, as
listed in the Nice Classification (12th ed., ver. 2023), published by
WIPO, that will become effective on January 1, 2023.
The Nice Agreement is a multilateral treaty, administered by WIPO,
that 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, for all
statutory purposes, to all applications filed on or after September 1,
1973, and their resulting registrations. See 37 CFR 2.85(a). Every
signatory to the Nice Agreement must use 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 of the Committee of Experts, in
accordance with agreed-upon rules of procedure. Proposals are currently
submitted annually to an electronic forum on the WIPO website, where
they are commented on, modified, and compiled 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 an edition number and the
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: (1) The addition of new goods
and services to, and deletion of goods and services from, the
Alphabetical List; and (2) 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.
Beginning on January 1, 2023, new editions of the Nice
Classification will be published electronically every three years. They
will include all changes adopted since the previous edition, as well as
goods or services transferred from one class to another and new classes
that have been created since the previous edition.
Due to the worldwide impact of COVID-19, the International Bureau
(IB) at WIPO announced on February 25, 2022, that the 32nd session of
the Committee of Experts would be held in a hybrid format, with WIPO
participating at the WIPO headquarters in Geneva and member states
participating via an online platform or in person. The annual revisions
contained in this final rule consist of modifications to the class
headings that were incorporated into the Nice Agreement through e-
voting during the 32nd session of the Committee of Experts, which took
place from April 25-29, 2022. 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 services to, or
deletes existing services from, two class headings, as set forth in the
discussion of regulatory changes below. The changes to the class
headings further define the types of 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 36, the wording ``affairs'' is amended to ``services.''
In Class 45, the wording ``personal and social services rendered by
others to meet the needs of individuals'' after ``security services for
the physical protection of tangible property and individuals;'' is
replaced with the wording ``dating services, online social networking
services; funerary services; babysitting.''
Rulemaking Requirements
A. Administrative Procedure Act: The changes in this rulemaking
involve rules of agency practice and procedure or interpretive rules.
See Perez v. Mortg. Bankers Ass'n, 575 U.S. 92, 97 (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, 575 U.S. at 101 (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), do 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
[[Page 61246]]
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 online 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 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).
F. 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).
G. 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).
H. 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).
I. 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).
J. 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).
K. 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.), 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
rulemaking are not expected to result in an annual effect on the
economy of $100 million 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 rulemaking is not expected to result in
a ``major rule'' as defined in 5 U.S.C. 804(2).
L. 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 (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 (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.
M. National Environmental Policy Act of 1969: 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.
N. National Technology Transfer and Advancement Act of 1995: 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.
O. Paperwork Reduction Act of 1995: This final rule does not
involve information collection requirements that 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.).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information
has a currently valid OMB control number.
P. E-Government Act Compliance: The USPTO is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes.
List of Subjects in 37 CFR Part 6
Administrative practice and procedure, Courts, Lawyers, Trademarks.
For the reasons given in the preamble and under the authority
contained in 15 U.S.C. 1112 and 1123 and 35 U.S.C. 2, as amended, the
USPTO is amending 37 CFR part 6 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. 6.1 to read as follows:
Sec. 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
[[Page 61247]]
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 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 substitutes therefor; 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 preparations for
making non-alcoholic 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, organization and
administration; office functions.
36. Financial, monetary and banking services; insurance services;
real estate services.
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,
[[Page 61248]]
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; dating services, online social
networking services; funerary services; babysitting.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2022-22065 Filed 10-7-22; 8:45 am]
BILLING CODE 3510-16-P
