Date of Adoption: November 19, 2003.

     Purpose: Section 4, chapter 34, Laws of 2003, directs the Office of the Secretary of State to adopt a classification schedule for the filing of trademarks. This section further directs that to the extent possible, the schedule of classification should conform to the schedule adopted by the United States Patent and Trademark Office (USPTO). This rule making adopts the USPTO schedule of goods and services for use under chapter 19.77 RCW, the State Trademark Act. This rule making also repeals a hearing process that is no longer authorized by chapter 19.77 RCW. This filing extends an emergency filing effective July 27, 2003. A notice of proposed rule for expedited adoption of this same rule is being filed simultaneously.

     Citation of Existing Rules Affected by this Order: Repealing WAC 434-12-010 through 434-12-230.

     Statutory Authority for Adoption: Section 4, chapter 34, Laws of 2003.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Chapter 34, Laws of 2003, repealed the existing system for classification of goods and services for trademark filing effective July 27, 2003, and directed the Office of the Secretary of State to adopt a new schedule. This filing extends an emergency adoption effective July 27, 2003, adopting this classification schedule. Failure to extend the new schedule will result in the inability to file trademarks until a schedule is adopted. This will interfere with the growth and registration of businesses in Washington and would be contrary to both the public interest and welfare. A notice of proposed rule for expedited adoption of this same rule is being filed simultaneously, with an anticipated permanent adoption date of January 20, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 23.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 23.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

November 17, 2003

Steve Excell

Assistant Secretary of State

OTS-6523.1

NEW SECTION
WAC 434-12-015   Classification of goods and services.   (1) The corporations division adopts the following table for classification of goods and services:

     2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

     3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

     4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

     5. Pharmaceutical, veterinary, and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

     6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

     7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

     8. Hand tools and implements (hand-operated); cutlery; side arms; razors.

     9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.

     10. Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.

     11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.

     12. Vehicles; apparatus for locomotion by land, air, or water.

     13. Firearms; ammunition and projectiles; explosives; fireworks.

     14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

     15. Musical instruments.

     16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.

     17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

     18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

     19. Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.

     20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

     21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

     22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

     23. Yarns and threads, for textile use.

     24. Textiles and textile goods, not included in other classes; beds and table covers.

     25. Clothing, footwear, headgear.

     26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

     27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (nontextile).

     28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

     29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

     30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

     31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.

     32. Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

     33. Alcoholic beverages (except beers).

     34. Tobacco; smokers' articles; matches.

     36. Insurance; financial affairs; monetary affairs; real estate affairs.

     37. Building construction; repair; installation services.

     38. Telecommunications.

     39. Transport; packaging and storage of goods; travel arrangement.

     40. Treatment of materials.

     41. Education; providing of training; entertainment; sporting and cultural activities.

     42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

     43. Services for providing food and drink; temporary accommodations.

     44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

     45. Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

     (2) This table is adopted from the schedule for classification of goods and services published by the United States Patent and Trademark Office.

[]

OTS-6375.2

REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 434-12-010	Authority and purpose.
WAC 434-12-020	Applicable statute.
WAC 434-12-030	Definitions.
WAC 434-12-040	Form of papers.
WAC 434-12-050	Caption.
WAC 434-12-060	Signing papers.
WAC 434-12-070	Verification.
WAC 434-12-080	Computation of time.
WAC 434-12-090	Appearance and practice before secretary.
WAC 434-12-100	Service of process.
WAC 434-12-110	Joinder, consolidation.
WAC 434-12-120	Withdrawal of petition.
WAC 434-12-130	Notice of hearing.
WAC 434-12-140	Hearing examiner.
WAC 434-12-150	Motions.
WAC 434-12-160	Discovery.
WAC 434-12-170	Subpoenas.
WAC 434-12-180	Prehearing conference.
WAC 434-12-200	Hearings are public.
WAC 434-12-210	Rules of evidence.
WAC 434-12-220	Record.
WAC 434-12-230	Form and content of decision.

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