1402.11(e) Consulting Services
Prior to January 1, 2002, all consulting services were classified in Class 42 except those relating to business (Class 35) and financial or insurance (Class 36). Effective January 1, 2002, consulting services are classified in the class of the subject matter of the service. This includes technical consulting services. Technical consulting is like any other consultation service, although it focuses primarily on how things work. Thus, the type of consultation or subject matter of the consultation must be set forth with adequate specificity to allow for accurate classification. It should be noted that “technology consulting” is in Class 42 because it encompasses consulting about the technology aspects of the subject matter given.
Some Acceptable Identifications:
- “Consulting in the field of telecommunication services, namely, transmission of voice, data, and documents via telecommunications networks, in Class 38.”
- “Consulting in the field of telecommunications technology, in Class 42.”
- “Consulting in the field of maintenance and repair of telecommunications network hardware, apparatus, and instruments, in Class 37.”
- “Consulting in the field of environmental protection, namely, detection of contaminants in water, in Class 42.”
- “Technical consulting related to the installation of oil and gas equipment, control systems, and machinery, in Class 37.”
- “Technical consulting related to the manufacturing of oil and gas equipment, control systems, and machinery, in Class 40.”
- Technical consulting in the field of environmental science, in Class 42.”
See TMEP §§1401.09 et seq. regarding the changes in the international classification of services effective January 1, 2002.