International Trademark Classification Adopted

As of September 1, 1973, the international classification

of goods and services is the controlling classification 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

C.F.R. §2.85(a)

.  Unless otherwise indicated, references in this

manual to class refer to the international class.

Prior to September 1, 1973, the United States used its own

classification of goods and services, which is different from the international

classification.  The prior United States classification continues to govern for all

statutory purposes for trademark applications filed on or before August 31, 1973, and

all registrations issued on the basis of an application filed on or before August 31,

1973, unless the owner of the registration amends the registration to adopt

international classification.

37 C.F.R.

§2.85(b)

.

If a registration issued under the United States

classification system, the owner of the registration may voluntarily amend to reclassify

under the international classification system, pursuant to §7(e) of the Trademark Act,

15 U.S.C. §1057(e)

, if the owner pays the required fee.

37 C.F.R. §§2.6

and

2.85(e)(3)

.

See

TMEP

§1609.04

.

Classification schedules are set forth in Part 6 of the

Trademark Rules of Practice.  See

37 C.F.R. §6.1

for the international

classification schedule for goods and services,

37 C.F.R. §6.2

for the prior United States

classification schedule for goods and services,

37 C.F.R.

§6.3

for certification marks, and

37 C.F.R. §6.4

for collective membership

marks.