TMEP 1601.06: Registrations Issued Under Prior Classification Systems

October 2017 Edition of the TMEP

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1601.06    Registrations Issued Under Prior Classification Systems

Prior to September 1, 1973, the United States used its own system for the classification of goods and services, which is different from the international classification system.  For all registrations issued on the basis of an application filed on or before August 31, 1973, the classification under which the registration issued governs for all statutory purposes, including affidavits or declarations under §8, 15 U.S.C. §1058, and renewal applications under §9, 15 U.S.C. §1059.   See 37 C.F.R. §§2.85(b), 2.183(f).

As of September 1, 1973, the international system for classification of goods and services is the controlling classification 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 TMEP §1401.02; 37 C.F.R. §2.85(a).

A registrant whose registration issued under the U.S. classification system may voluntarily amend the registration under §7 of the Trademark Act, 15 U.S.C. §1057, to adopt the international classification set forth in the current version of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks ("Nice Agreement").  The registrant must pay the filing fee required for §7 amendments under 37 C.F.R. §2.6. See37 C.F.R. §2.84(e)(3); TMEP §1609.04.