ANNEX 2 USPTO PROPOSAL TO CLASSIFY STORAGE FURNITURE IN CLASS 20 AND RACKS ADAPTED FOR CERTAIN GOODS IN THE SAME CLASS AS THE GOODS

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1 ANNEX 2 USPTO PROPOSAL TO CLASSIFY STORAGE FURNITURE IN CLASS 20 AND RACKS ADAPTED FOR CERTAIN GOODS IN THE SAME CLASS AS THE GOODS Considering the dictionary definitions for the terms rack and étagère, USPTO proposes changing racks [furniture] (Basic No ) to storage furniture in Class 20. As a general rule, storage furniture, including storage racks for general use, should be classified in Class 20. However, specialized racks adapted to hold other goods, such as compact disc racks and saddle racks, for example, should be classified in Class 9 and Class 18, respectively, in the same class as the goods being held or stored. BACKGROUND This group of specific proposals intends to resolve inconsistent classification practices, in particular, racks of all types are generally classified in Class 20 as furniture in the MGS Manager while only storage furniture racks are classified in Class 20 in the U.S. ID Manual. Other specialized racks are classified in various classes by national offices in the same classes as the items being hung, rested, or stored on or inside the rack. For example, pool cue racks appears in the MGS Manager in Class 20, but it is classified in Class 28 in the U.S. ID Manual and in EUIPO s TM CLASS. USPTO s objective is to establish clear classification principles that can be uniformly applied to promote consistent classification practices. RACKS ARE DIFFERENT FROM ÉTAGERES The IB s Info file for racks [furniture] (Basic No ) indicates that a rack is... a piece of furniture consisting of a set of open shelves for displaying small objects and sometimes having an enclosed cabinet as a base (Merriam- Webster Online Dictionary copyright 2015 by Merriam-Webster, Incorporated). Although the USPTO agrees, in principle, that a piece of furniture consisting of a set of open shelves for displaying small objects and sometimes having an enclosed cabinet as a base should be classified in Class 20 pursuant to the Class 20 Heading, that is not the definition of a rack. The bolded wording, a piece of furniture consisting of a set of

2 open shelves, is the Merriam-Webster dictionary definition of the word étagère. 1 The more common American English term for étagère is bookcase. 2 étagère or bookcase étagère or bookcase The term étagère is translated as a.(= rayon) shelf; b.(= meuble) shelves pl, set of shelves

3 A rack, on the other hand, is defined as a framework, stand, or grating on or in which articles are placed. 3 rack rack USPTO PROPOSAL TO CLARIFY THE CLASSIFICATION OF STORAGE RACKS AND SPECIALIZED RACKS Based on the discrepancy between racks and étagères or bookcases, and acknowledging the translation problem with adding bookcases to the Alphabetical List (the French version of bookcase appears to be bibliotheque, which is the same French term for library), USPTO proposes changing racks [furniture] (Basic No ) to storage furniture in Class 20. Based on this modified wording storage furniture in Class 20, storage racks for general use would, as a general rule, continue to be classified in Class 20. However, specialized racks that are adapted for holding or storing specific goods would be classified in the same class as the goods being held or stored on or inside the rack. Here are examples of specialized racks adapted for use with other goods 3

4 compact disc rack saddle rack baseball bat rack The following table shows specific proposals to implement the classification principle that storage furniture, in general, including storage racks for general use, is classified in Class 20. However, specialized racks that are adapted for use with other goods are classified in the same class as those goods. If the Committee of Experts shows support for this proposal, then the USPTO volunteers to draft Info Files, as necessary and appropriate. SPECIFIC PROPOSALS TO CHANGE THE NICE CLASSIFICATION Prop. No. Class Basic No. or Place Action Existing entry New or modified entry Change racks [furniture] storage furniture New class Pictures LP 2.1

5 2 Add Compact disk racks Add Saddle racks 18

6 2.4 4 Add Tack racks for equestrian equipment Add Storage racks for general use 20

7 6 Add Étagères

8 Spice racks are classified in Class 21 because the specialized racks are adapted to hold glass storage jars, see bottles (Basic No ) Add Spice racks 21

9 2.8 8 Add Pool cue racks Add Athletic equipment racks / Sports equipment racks Transfer Gun racks 13

10 11 20 Class Heading Delete This Class includes, in particular: metal furniture, furniture for camping, gun racks, newspape r display stands; This Class includes, in particular: metal furniture, furniture for camping, gun racks, newspaper display stands; Transfer Bottle racks Transfer Plate racks Transfer Magazine racks 16