EXPEDITED RULES
SECRETARY OF STATE
(Corporations Division)
Title of Rule: Adoption of a system of classification of goods and services under the State Trademark Act, chapter 19.77 RCW.
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.
Statutory Authority for Adoption: RCW 19.77.115.
Statute Being Implemented: RCW 19.77.115.
Summary: This rule will permanently adopt the schedule for classification of goods and services established for trade and service mark filings by the USPTO. This change has been in effect since July 27, 2003, via emergency rule adoption. The rule also permanently repeals sections of chapter 434-12 WAC that describe a hearing process for revoking trademarks. The statutes authorizing this hearing process were repealed.
Reasons Supporting Proposal: (1) Comply with statutory directive to adopt the federal standard for classification of goods and services.
(2) Repeal obsolete regulatory provisions governing a hearing process no longer authorized by Washington law.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: William B. Kellington, 801 Capitol Way South, Olympia, WA, (360) 753-2524.
Name of Proponent: Office of the Secretary of State, Corporations Division, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule adopts the USPTO schedule for classifying goods and services for the purpose of registering trade and service marks under chapter 19.77 RCW, the Washington Trademark Act. This will reduce confusion resulting from differences in classes available and class definitions between the Washington and the federal trademark laws.
Proposal Changes the Following Existing Rules: The rule
makes permanent the emergency repeal of existing sections of
chapter 434-12 WAC. Prior to the emergency repeal, this
section provided rules for a hearing process to revoke
trademark registrations. The statute authorizing this hearing
process was repealed in the late 1980s.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO William B. Kellington, Office of the Secretary of State, Corporations Division, 801 Capitol Way South, Olympia, WA 98504-0234 , AND RECEIVED BY February 2, 2004.
December 2, 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.
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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. |