INTERNATIONAL CLASS 11

INTERNATIONAL CLASS 11

(Lighting and heating apparatus)

GENERAL SCOPE OF CLASS 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary

purposes.

RELATED INTERNATIONAL CLASS
6	Valves
9	Electric, scientific goods
12	Vehicles

IDENTIFICATION/CLASSIFICATION OF GOODS GUIDELINES

International Class 11 includes: Sewer and water supply connected goods; industrial process equipment (other than machinery); gas or electric cooking appliances/air conditioning/heating/ventilation related materials and equipment.

International Class 11 does not include: Many electrical items which do not produce actual light, lighting, or heat (e.g. electric light switches, Class 9); hair curling or styling items(class 9); industrial blower fans (Class 7).

DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE

Many items which are in Class 11 fall into different U.S. classes. This is true of electrical small appliances in Class 11. If domestic, they are probably in U.S. Class 21. If commercial, in U.S. Classes 31 or 34.

Other electrical items such as coffee makers and cookers should be described as for “domestic, commercial or industrial use” because the channels of trade may be different.

Items in Class 11 which are coin-operated, should be so defined. Note that most coin-operated goods are in Class 9.

INDEFINITE TERMINOLOGY

NOTE: For example, the term “equipment” is indefinite, but “equipment, namely, air conditioners” would be acceptable. Also, “plants” is acceptable. “Spas” should be defined as “in the nature of heated pools.” “Spas” per se are resorts.

The term "units" is often OK here, and is not considered indefinite.

The Class Heading is the key here. Only those items that specifically perform the functions listed in the Class Heading are in 11. Other items which use heat, water, or some sort of cooling to perform their non-11 functions, are not in 11.

DESCRIPTIVE TERMINOLOGY

· Air

· Aire

· Aqua

· Cold

· Cool

· Heat

· Hot

· Light

· Lite

· Pro (as to hair dryers)

· Pure

SPECIAL ISSUES

Functionality and ornamentation issues are important as applied to the applications found in I.C. 11. See In re Vico Products Manufacturing Co., Inc., 229 USPQ 364 (TTAB 1985). In this decision, the Board held that the design sought to be registered was de jure functional and that it had not acquired a secondary meaning. The Board went on to outline which features of the mark would be recognized as being functional, and noted that an overall design is not removed from the category of a non-protectable or de jure functional shape merely because it includes some arbitrary features. It was pointed out that in cases of this nature, it is most important that applicant should clearly set out what its mark consists of.

I.C. 11 is regularly confronted with a problem of whether the term sough to be registered is for a SERVICE or whether the mark identifies GOODS. In attempting to cover a broader identification, some applicants use terms indiscriminately and it becomes difficult to determine whether applicant seeks to register a service mark or trademark. For example, sewage disposal plants are normally a service rather than a stock item of goods. Ideally the common, commercial name of the item should be used. However, there are terms like SYSTEM and PLANT which can be misinterpreted and it becomes necessary to further define what is meant by these terms. If SYSTEM is used to identify goods, it will usually be required that the major components of the system be stated. In such cases, Class 11 would cover the entire system, if it were for use in “heating and/or ventilation.” Where the term PLANT or INSTALLATION has been used, the question is whether or not the application should really have been for a service mark rather than a trademark because the goods are not sold as a separate specification of others.