Deciphering Class 9 of Nice classification for trademarks:

August 18, 2023
charbelallawi
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Trademark Class 9 is one of 45 NICE classification used to classify products and/or services.

Class 9 many of today’s modern inventions, including electronics, software, computers, smartphones, mobile apps, and fire extinguishers.

The top ten applicants who file trademarks on class 9 internationally are:

Sony Computer Entertainment
Samsung
American Underwater Products
Apollo
System sensor
Atlas sound
Rohde& Schwarz
Lenovo
Cisco Systems

10-Adrenaline

Some famous brands from the region protected on class 9 include; Tamatem, Maysalward, Mixed dimensions, Play 3arabi (video games), DCS, and Eagle group (Safety, Security, and Protection Devices) B.tech, and RAYA (information technology and audio-visual, multimedia and photographic devices) are also covered within class 9.

While class 9 does include all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network, or apparatus and instruments for scientific research in laboratories such as in class 7. Class 7 includes electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under class 7. Class 9 does not include amusement and game apparatus adapted for use with an external display screen or monitor and sporting goods, these are mainly covered using classes 28. To make matters even more confusing electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc.(Class 11), electric razors, clippers (hand instruments) and flat irons (Class 8) and electric toothbrushes and combs (Class 13) are all electrical apparatus.

Class 9 of the nice classification for trademarks also covers apparatus and instruments for controlling ships, such as apparatus and instruments for measuring and for transmitting orders. Other type of shipping and travel services such as navigational systems and apparatus for driving directions used in travel purposes are included on class 39.

Class 9 is one of the most popular trademark classes for new applications. That means your trademark may face competition or tighter scrutiny. Other common classes include 25, 14, 41, 38, and 42. Therefore, you need be sure that you are choosing the right class for your trademark, before you protect under class 9–

Class 25 (Clothing) – This includes clothing, footwear, and headgear.
Class 14 – (controllers) – This includes clocks and watches and other chronometric instruments, and control clocks
Class 41 (Education and Entertainment) – This includes publishing, teaching, and entertainment services.
Class 42 (Computer and Scientific) – This includes technology, scientific, and research services.
Class 38 (telecommunications) – this includes services which consist essentially of the diffusion of radio or television programs.

For sure, we cannot find everything smart is included in class 9. For example, smart cars are included in (class 12) like robotic cars. For Smart appliances, we can only find in (class 9) laboratory robots, teaching robots, security surveillance robots, humanoid robots with artificial intelligence, but for industrial robots they are included in (class7) and in (class 10) surgical robots are included as well. However, for smart clothes we can find it mentioned in (class 9) like bullet-proof clothing.

Understanding the main elements of Class 9:

Class 9 can be sub-divided into eleven main components that I have outlined and explained below;

Subsection 1 – RECORDED CONTENT – Recorded content means anything from databases, software, games, operating systems and even recorded media content such as videos. A company, which heavily filed trademarks on this sub-class, is Microsoft. Microsoft protects its windows operating system, and the Microsoft Word software, and the Microsoft SQL server and database. For the old timers out there, the Minecraft game if you remember Microsoft also owns playing it. For the younger generation, the Xbox console a games are both protected on class 9.

Subsection 2 – INFORMATION TECHNOLOGY AND AUDIO-VISUAL, MULTIMEDIA AND PHOTOGRAPHIC DEVICES – this subsection includes anything related to communications equipment, data storage devices, replicating apparatus, data processing equipment and accessories, and audio/visual and photographic devices. Companies that can heavily filed their trademarks on this sub-class are Samsung, and Sony. Samsung and Sony can protect their computer network and data, broadcast equipment, and replicating apparatus such as photocopiers, image scanners, and printers. For the generation who was born on 80s and late 90s can remember the vintage Sony devices like Walkman, Stereos, cameras and TVs that are protected under class 9.

Subsection 3 – MAGNETS, MAGNETIZERS AND DEMAGNETIZERS– we can find in this subsection materials and goods made of magnet like decorative magnets, magnets, and electromagnetic coils. An electromagnetic coil is an electrical conductor such as a wire in the shape of a coil, used in electrical engineering, in applications where electric currents interact with magnetic fields, in devices such as electric motors, generators, and inductors.

Subsection 4 – SCIENTIFIC AND LABORATORY DEVICES FOR TREATMENT USING ELECTRICITY– under this subsection we can find things that related to cathodic anti-corrosion apparatus, electrolysers, ionization, and ozoniser. These terms may not be common and not all people maybe familiar to, but in these examples will be clearer. Common Martials in cathodic anti-corrosion apparatus like steel water or fuel pipelines and steel storage tanks such as home water heaters; steel pier piles. The ionization process is widely used in a variety of equipment in fundamental science such as within a fluorescent lamp or other electrical discharge lamps, for ozoniser we can find machines like water purification and air purifiers.

Subsection 5 – APPARATUS, INSTRUMENTS AND CABLES FOR ELECTRICITY– this sub-class means anything from apparatus and instrument for storing and controlling electricity, and photovoltaic apparatus for generating electricity, and electrical and electronic components. We can find different kind of companies that filed on this sub-class like Jinko Solar Holding, which is the world’s largest solar panel manufacturer, also PULSE ELECTRONICS is one of the largest passive electronic manufacturers in the world in technology, and electronic components include cable harnesses, power supplies, antennas and connectors.

Subsection 6 – OPTICAL DEVICES, ENHANCERS AND CORRECTORS– optical enhancers and correctors enhancement include optical enhancers, lasers, glasses, sunglasses, and contact lenses. Therefore, in this sub-class we can find goods like eyeglass case, frame, lenses, cords, and chains. For laser here it doesn’t mean laser that used in medical field, it is more like laser pointers which is a laser pen small handheld device intended to be used to highlight something of interest by illuminating it with a small bright spot of colored light.

Subsection 7 – SAFETY, SECURITY, PROTECTION AND SIGNALLING DEVICES– here we can find things that related to:

-Alarm and warning equipment.

-Access control devices.

-Signaling apertures.

-Productive and safety.

Subsection 8 – DIVING EQUIPMENT– diving equipment includes anything like divers masks, diving suits, snorkels, weights, earplugs and gloves for divers, respiratory masks, and nose clips for divers and swimmers.

Subsection 9 – NAVIGATION, GUIDANCE, TRACKING, TARGETING AND MAP MAKING DEVICES – navigation, tracking and targeting devices have evolved over the years. So, if we looked for the old generation we can find the devices they had were like alidades, cosmographic instruments, directional and marine compasses, and needles for surveying compasses. On the other side, for the younger generation or they called nowadays “Gen Z” we can see more advanced devices like wearable activity trackers like smartwatches, smartphones, and tablet computers and GPS apparatus. In addition to, ships, cars along with other navigation and tracking devices are included in class 9 as well like sextant, steering apparatus for vehicles, sextant, octants, and electronic tags for food.

Subsection 10 – MEASURING, DETECTING AND MONITORING INSTRUMENTS, INDICATORS AND CONTROLLERS –

-monitoring instruments.

– Sensors and detectors.

– Testing and quality control devices.

– Controllers.

– Measuring, counting, alignment and calibrating instruments, such as: data loggers and recorders, time measuring instruments (not including clocks and watches), weight measuring instruments, distance and dimension measurements, speed measuring instruments, and electricity measuring instruments.

Subsection 11 – SCIENTIFIC RESEARCH AND LABORATORY APPARATUS, EDUCATIONAL APPARATUS AND SIMULATORS– scientific research and laboratory apparatus, mean things related to urineometers, test tubs, stills for laboratory experiments, DNA chips, hydrometers, clothing especially made for laboratory use, chemistry apparatus and instruments, laboratory trays, centrifuges, and robots, hydrometers. In addition to, educational apparatus and simulators mean anything from resuscitation mannequins (teaching apparatus), and training simulators, teaching apparatus, and robots.

Computer operating systems