INTERNATIONAL CLASS 1
(Chemicals)

 

GENERAL SCOPE OF CLASS 1:  Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

 

RELATED INTERNATIONAL CLASSES

2

industrial coatings, natural resins

3

industrial cleaning, scouring, polishing and abrasive preparations, industrial soap, essential oils for industrial use

4

industrial oils, greases, lubricants

5

pesticides, pharmaceuticals

17

plastics in shaped form and rubber for industrial use

 

IDENTIFICATION/CLASSIFICATION OF GOODS GUIDELINES


IN GENERAL:


Most goods in Class 1 are industrial chemical products of a technical and specialized nature, so it is necessary in most cases to specify not only the common names of the goods (or concise descriptive wording) but also the use and/or the industry or field of use.

 

IMPORTANT: the ID Manual contains numerous specific IDs that cover these goods.  Jessie has been adding specialized entries we have sent to her to the Manual over the past few years, so check the Manual first if you are unsure!  You just might find a similar one there.


INDEFINITE TERMINOLOGY:


Adhesives (specify type, use/industry/field of use)

Agricultural chemicals (specify type, use)

Catalysts (specify use, industry)

Chemicals (specify use, industry, particular products)

Industrial Chemicals (specify use, industry, particular products)

Plastics (specify form, use/industry/field of use)

Resins (specify form, use/industry)

 

(NOTE:  Regarding “catalysts”, See In re Air Products and Chemicals, Inc., 192 USPQ 84 (TTAB 1976), recon. denied, 157 (TTAB 1976).  Also, agricultural chemicals in the nature of pesticides are in Class 5).

 

(NOTE:  You can only use a “wide varieties of industries” ID in the following way: 

 

If the goods are used broadly in a wide variety of industries such that the suggested models set forth above do not accurately describe the applicant's goods, the applicant may in the alternative identify the types of categories of chemicals or raw materials (e.g. unfinished plastic resins, catalysts, etc.) and state that they are "for widespread use in a variety of industries."


SPECIAL ISSUES:


Specimens:

A photograph of a tanker truck or rail car with the mark on the tanker would generally be an acceptable specimen (facsimile) for bulk chemicals shipped in the tanker.  See In re E.A. Miller & Sons Packing Co., Inc., 225 USPQ 592 (TTAB 1985).

 

Product information sheets, product data sheets, product specification sheets, technical data sheets and the like, all of which are commonly used in the marketing of industrial goods, such as chemicals, are not acceptable as display specimens (i.e., displays associated with the goods) unless there is evidence or sufficient explanation that the materials are used as point‑of‑sale display items, such as at a trade show.  See ITT Rayonier Inc., 208 USPQ 86 (TTAB 1985); In re Ancha Electronics Inc., 1 USPQ2d 1318 (TTAB 1986); In re Drilco Industrial Inc., 15 USPQ2d 1671 (TTAB 1990).

 

Product information sheets or the like may, however, be acceptable as specimens if the nature of the goods makes normal affixation of the mark impracticable and the information sheet is directly associated with the goods or their sale (e.g., bulk chemicals in a tanker truck or railroad car).  See Trademark Rule 2.56.

 

Instruction sheets packaged with swimming pool water test kits and with other kits are acceptable as specimens.  See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984).

 

CLASS 1

(Chemicals)

 

 

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry;

unprocessed artificial resins, unprocessed plastics;

manures;

fire extinguishing compositions;

tempering and soldering preparations;

chemical substances for preserving foodstuffs;

tanning substances;

adhesives used in industry.

 

 

 

 

Explanatory Note

 

This class includes mainly chemical products used in industry, science and agriculture, including those which are used to make products belonging to other classes.

 

Includes, in particular:

            -            compost;

            -            salt for preserving, other than for foodstuffs.

 

Does not include, in particular:

            -            chemical products for use in medical science (Cl. 05);

            -            fungicides, herbicides and preparations for destroying vermin (Cl. 05);

            -            raw natural resins (Cl. 02);

            -            salt for preserving foodstuffs (Cl. 30);

            -            adhesives for stationery purposes (Cl. 16);

            -            straw mulch (Cl. 31).

 

* * * * * * * * *

 

 

General Rules for the Identification of Goods:

 

Acceptable constructions:

Chemicals for use in the manufacture of [indicate type of items, e.g., paints, adhesives, cosmetics].

[Specific type of chemical, e.g., catalysts, chlorine, mineral filtering materials, unprocessed cellulose] for use in the [indicate] industry.

 

Unacceptable construction:

Chemicals for use in the [indicate] industry.

 

Adhesives:

Class 1 - Includes general use adhesives (including glues and pastes) and adhesives for use in manufacture:

Adhesive cement for hobbyists.

Adhesives for use in the manufacture of [indicate, e.g., books, furniture, surgical bandages, wall coverings]

Adhesives for use in the [indicate] industry.

Adhesives for applying [indicate articles, e.g., floor tiles, wall coverings].

Epoxy glue for general bonding and repair purposes.

General-purpose adhesive for mending broken articles.

 

Related Goods:

Class 3 - Includes adhesives for cosmetic use:

Adhesives for cosmetic use.

Glue for attaching artificial fingernails and/or eyelashes.

Class 5 - Includes adhesives for medical or dental use.

Denture adhesives.

Adhesive for bandages for skin wounds.

Medical adhesives for binding wounds.

Class 16 - Includes adhesives for stationery or household purposes.

Adhesives [or “glue” or “paste”] for stationery or household purposes.

Class 17 - Includes adhesive sealants (e.g., caulks)

Adhesive sealant and caulking compound.

Adhesive sealants for general use.

Rubber sealant for caulking and adhesive purposes.

 

Chemically-Treated Papers and Films (All in Class 1):

Blueprint paper.

Litmus paper.

Photosensitive paper.

Photosensitive paper for use in medical imagery.

Sensitized camera [or “photographic” or “cinematographic”] film.

Unexposed camera [or “photographic” or “cinematographic”] film.

 

Diagnostic Preparations:

Class 1 - Includes reagents for scientific, research and medical research uses;

Reagents for scientific or medical research use.

Diagnostic preparations [or reagents] for scientific or research use.

 

            Related Goods:

Class 5 - Includes reagents for clinical medical use only:

Diagnostic preparations [or reagents] for clinical or medical laboratory use.

Medical diagnostic reagents.

Clinical medical reagents.

 

Automobile-Related Cleaning Preparations:

Class 1:

Detergent additive for use with motor oil.

Fuel injection cleaner chemical additive.

Radiator flush.

 

            Related Goods:

Class 3:

Automobile cleaning preparations.

Carburetor and choke cleaning preparations.

 

Filtering Materials:

Class 1 - Includes unprocessed materials for use as filtering media:

Ceramic particles for use as a filtering media in [indicate specific nature of filtering process or industry].

Chemical preparations in the nature of filtering materials in [indicate specific nature of filtering process or industry].

Mineral substances in the nature of filtering materials in [indicate specific nature of filtering process or industry].

Unprocessed plastics in the nature of filtering materials in [indicate specific nature of filtering process or industry]

 

            Related Goods:

Class 7 - Includes filters for machines and engines:

Filters for machines [specify type of machine or industry].

[Oil/Gas/Air] filters for motors and engines.

Class 9 - Includes optical and electronics filters and filters for laboratory use and use with safety devices:

Camera filters.

Laboratory filters.

Optical filters.

Respiratory mask filters.

Class 10 - Includes filters for medical use or for medical devices:

Blood filters.

Class 11 - Includes environmental air and water filters:

Air filters for [indicate use, e.g., air conditioners, domestic use, industrial installations].

Water filtering units for [indicate domestic, commercial, industrial, aquarium] use.

Class 16 - Includes miscellaneous paper filters and aquarium filters:

Paper filters.

Paper filters for coffee makers.

Class 17:

Mineral wool for use in the manufacture of filter media.

Class 22:

Wadding for filtering.

 

Fuel and Motor Oil Additives:

Class 1 - Includes CHEMICAL-BASED additives:

Chemical additives for fuel treatment.

Chemical gasoline additives.

Chemical motor oil additives.

Detergent additive for use with motor oil.

 

            Related Goods:

Class 4 - Includes PETROLEUM-BASED additives:

Non-chemical additives for fuel treatment.

Non-chemical motor oil additives.

Non-chemical gasoline additives.

 

Horticultural Materials:

Class 1 - Includes:

Non-biocidal chemicals and fertilizers:

Agricultural lime.

Fertilizers for [indicate agricultural, domestic or commercial] use.

Plant growth regulators for [indicate agricultural, domestic or commercial] use.

Plant food.

Soil conditioners for [indicate agricultural, domestic or commercial] use.

Fertilizing growth media:

Compost.

Humus.

Loam.

Manure.

Peat.

Potting soil.

 

            Related Goods:

Class 5 - Includes biocidal chemicals:

[Acaricides/Algaecides/Biopesticides/Fumigants/Herbicides/Insecticides/Miticides/ Pesticides/Weed killers] for [indicate agricultural, domestic or commercial] use.

Class 31 - Includes non-fertilizing growth media:

Mulch.

Peat moss.

Top soil.

 

Plastics and Resins:

Class 1 - Includes unprocessed ARTIFICIAL resins for use in further manufacture:

Unprocessed artificial [or “acrylic” or “synthetic”] resins for use in the manufacture of [indicate].

Unprocessed artificial [or “acrylic” or “synthetic”] resins for use in the [indicate] industry.

{“Plastic molding compounds” may be substituted for “unprocessed artificial resins.”}

 

            Related Goods:

Class 2 - Includes unprocessed NATURAL resins for use in further manufacture:

Natural resins for use in the manufacture of [indicate].

Natural resins for use in the [indicate] industry.

Class 17 - Includes semi-processed resin products:

Resins in bars, blocks, pellets, rods, sheets and tubes for general industrial use.

Resins in extruded form for general industrial use.

Resin sheeting [or indicate other processed form] for use in the manufacture of [indicate].

{“Plastic” may be substituted for the word “resins.”}

 

Waterproofing Preparations:

Class 1 - Includes chemicals absorbed into the materials treated:

Waterproofing chemical compositions for [indicate the materials, e.g., fabrics, wood, masonry].

 

            Related Goods:

Class 2 - Includes preparations coated on the materials, such as paints, lacquers, and polyurethane, and preparations for the preservation of wood against deterioration:

Waterproof coatings for use on [indicate the materials, e.g., wood, masonry].

Wood preservatives.

 

Please note that the following is in Class 3:  Essential oils for use in the manufacture of [indicate].