1902.02(g) Classification in International Applications
The goods/services should be classified according to the version of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice Agreement”) that is in effect as of the filing date of the international application. 37 C.F.R. §7.11(a)(7). Both the prepopulated and the free-text TEAS forms will allow an applicant to change the classification of goods/services in an international application.
The MPU does not certify classification of the goods/services in an international application. Therefore, the owner of the United States application or registration need not classify the goods/services in the international application in the same class(es) in which they are classified in the United States basic application and/or registration. However, failure to properly classify goods or services in an international application according to the international classification system will result in issuance of a notice of irregularity from the IB. Because the final decision on the classification of the goods/services in an international application rests with the IB, the USPTO will not reclassify goods/services nor will USPTO employees give legal advice in response to specific inquiries regarding the reclassification of particular goods/services. The IB provides guidance on its website, at http://www.wipo.int/classifications/en/. See TMEP §§1401.02 et seq. for further information about the international classes, and TMEP §§1902.07 et seq. for further information about irregularities in the international application.