Classifying without the list of goods and services

Goods

If you cannot classify a product with the help of the class headings or the list of goods and services with explanatory notes, this is how to classify:

(A) A product is classified based on its function or its purpose. If the function or the purpose of the product is not in the class headings you classify the product like comparable goods in the alphabetical list of goods and services. If you cannot find any comparable goods you classify the product based on the material it is made of or its are of use.

(B) A product with several functions or purposes, for example a clock-radio, can be classified in all the classes that corresponds with the any of its functions or purposes.

(C) Raw material, unprocessed or partly processed, is classified based on the material.

(D) Goods that are part of another product are classified based on the main product if the goods cannot be used for other purposes. In any other cases, see (A).

(E) Goods fully processed or not, that are made of several materials are classified based on the main material.

(F) Storing products that are customized for storing a specific product are classified based on that specific product.  

Services

If you cannot classify a service with the help of the class headings or the list of goods and services with explanatory notes, this is how to classify:

(A) A service is classified based on the operational areas that are found in the class headings and in the list of goods and services with explanatory notes, or like comparable services in the alphabetical list of goods and services.

(B) Leasing services are classified in the same classes as the services related to the products being leased (for example, leasing of telephones, class 38). Leasing services and renting services are considered comparable and are classified the same way. However, lease-purchase loans are classified as a financial service in class 36.

(C) Services relating to guidance, information or consultation  are classified in the same class as the content of the guidance, information and consultation, for example transport consultation (class 39), consultation regarding business management (class 36), financial consultation (class 36), beauty consultation (class 44). Whether the guidance, information or consultation is provided via electronical devices (such as telephones or computers) does not make any difference to the classification of these services.

(D) Services related to franchising are classified in the same class as the services provided by the franchisor, for example business management related to franchising (class 35), financial services related to franchising (class 36), legal services related to franchising (class 45).