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Monday, 12 December 2011

International Servicemark classes (With Explanatory Note)

(Advertising and business)
Advertising; business management; business administration; office functions.
Explanatory Note
Class 35 includes mainly services rendered by persons or organizations principally with the object of:
(1) help in the working or management of a commercial undertaking, or
(2) help in the management of the business affairs or commercial functions of an industrial or commercial enterprise,
as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.
This Class includes, in particular:
· the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes.
· services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;
· services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.
This Class does not include, in particular:
· services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).
(Insurance and financial)
Insurance; financial affairs; monetary affairs; real estate affairs.
Explanatory Note
Class 36 includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.
This Class includes, in particular:
· services relating to financial or monetary affairs comprise the following:
(a) services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services;
(b) services of credit institutions other than banks such as co-operative credit associations, individual financial companies, lenders, etc.;
(c) services of “investment trusts,” of holding companies;
(d) services of brokers dealing in shares and property;
(e) services connected with monetary affairs vouched for by trustees;
(f) services rendered in connection with the issue of travellers’ cheques and letters of credit;
· services of realty administrators of buildings, i.e., services of letting or valuation, or financing;
· services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.
(Building construction and repair)
Building construction; repair; installation services.
Explanatory Note
Class 37 includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties.
This Class includes, in particular:
· services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers;
· services auxiliary to construction services like inspections of construction plans;
· services of shipbuilding;
· services consisting of hiring of tools or building materials;
· repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition);
· various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.;
· services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Class 40 see the Explanatory Note of Class 40).
This Class does not include, in particular:
· services consisting of storage of goods such as clothes or vehicles (Cl. 39);
· services connected with dyeing of cloth or clothes (Cl. 40).
Explanatory Note
Class 38 includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which:
(1) allow one person to talk to another,
(2) transmit messages from one person to another, and
(3) place a person in oral or visual communication with another (radio and television).
This Class includes, in particular:
· services which consist essentially of the diffusion of radio or television programmes.
This Class does not include, in particular:
· radio advertising services (Cl. 35).
(Transportation and storage)
Transport; packaging and storage of goods; travel arrangement.
Explanatory Note
Class 39 includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding.
This Class includes, in particular:
· services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter;
· services connected with the hiring of transport vehicles;
· services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes;
· services connected with the functioning of airports;
· services connected with the packaging and parcelling of goods before dispatch;
· services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport;
· services relating to the inspection of vehicles or goods before transport.
This Class does not include, in particular:
· services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35);
· services relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36);
· services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36);
· services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37);
· services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 43).
(Treatment of materials)
Treatment of materials.
Explanatory Note
Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances.
For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.
This Class includes, in particular:
· services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);
· services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating.
This Class does not include, in particular:
· repair services (Cl. 37).
(Education and entertainment)
Education; providing of training; entertainment; sporting and cultural activities.
Explanatory Note
Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.
This Class includes, in particular:
· services consisting of all forms of education of persons or training of animals;
· services having the basic aim of the entertainment, amusement or recreation of people;
· presentation of works of visual art or literature to the public for cultural or educational purposes.
(Computer and scientific)
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Explanatory Note
Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc.
This Class includes, in particular:
· the services of engineers who undertake evaluations, estimates, research and reports in the scientific and technological fields;
· scientific research services for medical purposes.
This Class does not include, in particular:
· business research and evaluations (Cl. 35);
· word processing and computer file management services (Cl. 35);
· financial and fiscal evaluations (Cl. 36);
· mining and oil extraction (Cl. 37);
· computer (hardware) installation and repair services (Cl. 37);
· services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
· medical treatment services (Cl. 44);
· garden design (Cl. 44);
· legal services (Cl. 45).
(Hotels and restaurants)
Services for providing food and drink; temporary accommodation.
Explanatory Note
Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation.
This Class includes, in particular:
· reservation services for travellers’ accommodation, particularly through travel agencies or brokers;
· boarding for animals.

This Class does not include, in particular:
· rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
· arranging travel by tourist agencies (Cl. 39);
· preservation services for food and drink (Cl. 40);
· discotheque services (Cl. 41);
· boarding schools (Cl. 41);
· rest and convalescent homes (Cl. 44).
(Medical, beauty & agricultural)
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Explanatory Note
Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry.
This Class includes, in particular:
· medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);
· artificial insemination services;
· pharmacy advice;
· animal breeding;
· services relating to the growing of plants such as gardening;
· services relating to floral art such as floral compositions as well as garden design.
This Class does not include, in particular:
· vermin exterminating (other than for agriculture, horticulture and forestry) (Cl. 37);
· installation and repair services for irrigation systems (Cl. 37);
· ambulance transport (Cl. 39);
· animal slaughtering services and taxidermy (Cl. 40);
· timber felling and processing (Cl. 40);
· animal training services (Cl. 41);
· health clubs for physical exercise (Cl. 41);
· scientific research services for medical purposes (Cl. 42);
· boarding for animals (Cl. 43);
· retirement homes (Cl. 43).
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
Explanatory Note
This Class includes, in particular:
· services rendered by lawyers to individuals, groups of individuals, organizations and enterprises;
· investigation and surveillance services relating to the safety of persons and entities;
· services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.
This Class does not include, in particular:
· professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
· services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
· escorting of travellers (Cl. 39);
· security transport (Cl. 39);
· services consisting of all forms of education of persons (Cl. 41);
· performances of singers and dancers (Cl. 41);
· computer services for the protection of software (Cl. 42);
· services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44);
· certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).

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