International classification for trademarks - Class 8:
Trademark Class 8 is one of 45 NICE classifications used to classify products and/or services.
Class 8 for trademarks a brief description:
Class eight (8) of the Nice classification of goods and services for classifying trademarks mainly includes the goods that are related to hand tools and implements.
In addition, this class includes electric razors, clippers (hand instruments), cutlery of valuable metals, tattoo needles, and metal wires.
Mainly this class attracts manual workers such as farmers and chefs. It even attracts manicurists and hairdressers.
Due to Covid-19 and the lockdown, I find this class very helpful in fighting boredom with fixing the garden using your gardening tools or even restyling your hair with the hair styling appliances.
Class 8 for trademarks header:
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
Class 8 trademark application Owners:
- Swiss Army Knife
- HUNTERS EDGE
Besides the international trademarks which are filed under Class 8, many well-known trademarks are under Class 8, such as Zara Home, due to their amazing collection of cutleries and kitchen tools (knives, knife handles, spoons).
Another include is Home Center, which sells (silver plates [knives, forks, and spoons], spatulas [hand tools], stirring sticks for mixing paint, and trowels [gardening]) and registers its trademark on Class 8 to cover that. BIC sells pens and lighters, though lighters are not related to Class 8, pens are, and finally, IKEA, while IKEA primarily sells furniture, IKEA also sells goods covering classes, such as (Bread clippers, pizza cutters, manicure sets, scissors, table knives, forks and spoons of plastic.)
Class 8 structure:
To understand Class 8, it is good to have an overall picture of the class structure. Class 8 can be thought of as two main broad categories. Hygiene and beauty implement for humans and animals, which are operated by the hand, and tools for treating material, construction, and repairs.
Hygienic and beauty implements are commonly confused with Class 3 specially, that Class 3 covers makeup. So while Sephora does sell makeup products and cosmetics that are protected under Class 3, all their makeup brushes, manicure sets, and hair grooming tools such as hair straighteners, razors, and clippers are all under Class 8. Henna for body tattoos falls under Class 3, but the tattoo needle falls under Class 8.
As for tools for treating material, the tools protected on Class 8 are mainly hand-operated and have broad uses such as slaughtering animals, gardening and landscaping, tending fires, and construction, such as tools to treat surfaces, sledgehammers, etc. While tools for artists and craftspeople seem out of place in Class 8, it is technically not.
Table cutlery such as knives are unusually on class 8 and protected there. So while it may seem like it is Class 21 but no, it is Class 8.
In a nutshell, all tools and implements operated by hand, whether electrical or non-electrical used in hygiene, beauty, and grooming, and used for the treatment of material, construction, and repair and maintenance.
Trademark common confusion between Class 8 and other classes:
Tools or appliances is a pretty broad category, and not everything we think of which may fall under that category is covered by it. Surgical cutlery for example which relates to butchering and hand tools is protected in Class 10, fencing weapons Class 28, sidearms which are firearms Class 13, paper knives Class 16, machine tools and implements driven by a motor Class 7 such as (Agricultural machines, agricultural elevators, beating machines, bread cutting machines and electric hammers. Class 7 as a whole is commonly confused with Class 8 as it protects Class 7- Machines and machine tools, power-operated tools, motors, and engines except for land vehicles, machine coupling, and transmission components, agricultural implements other than hand-operated, hand tools, incubators for eggs and automatic vending machines.
The main difference is that all of the products which fall under Class 7 are not hand-operated and/or driven by a motor.
Class 21- covers household and kitchen utensils and containers, so while cutlery may appear to fall under this class, it does not fall under Class 21. the confusing elements which seem to fall under class but truly fall under Class 21 are serving utensils, such as sugar tongs, ice tongs, pie servers and serving ladles, and kitchen utensils, for example, mixing spoons, pestles and mortars, nutcrackers and spatulas, so for all the chefs with their private label out there, pay attention because your trademark is most likely protected on multiple classes;
While hand tools and implements are under Class 8, another very confusing good is broom handles, which are hand-operated tools for hygienic purposes, while it may fit in the overall description, broom handles fall under Class 21.
Wear and tableware, except for knives and spoons, sponges, brushes, paint brushes, brush-making materials, articles for cleaning purposes, and unworked or semi-worked glass.
-Pumps for bicycle tires (Cl. 12);
-Pumps specially adapted for use with balls for games (Cl. 28);
-Side arms being firearms (Cl. 13);
-Paper knives and paper shredders for office use (Cl. 16);
-Handles for objects that are classified in various classes according to their function or purpose, for example, walking stick handles, umbrella handles (Cl. 18);
-Fencing weapons (Cl. 28).
Services are not covered in Class 8, so pay attention, if you are providing a service relating to hygiene, grooming, and beauty this falls under Class 3, while if you are providing services in building construction, repair, and installation services this falls under Class 37. If you are providing carpentry or painting services this falls under Class 7. Finally, if you are providing services relating to the treatment of material such as abasing, waxing, and blacksmith services, these fall under Class 40.
Trademark Class 8 and the Metaverse:
The financial, virtual, and physical worlds are becoming increasingly linked. The technology we use to rule our lives gives us instant access to almost everything we desire at the push of a button. While the notion of a metaverse was formerly thought to be science fiction, it now looks like it may become a reality soon. As the metaverse and virtual world continue to grow, we may predict that the majority of worldwide brands will register their trademarks by the end of 2022.
Changes in the nice classification relating to trademark goods on Class 8:
Under the 11th edition of the Nice Classification, household or kitchen serving utensils, except for serving knives are classified in Class 21.
Serving knives are classified with all the other knives in Class 8 Heading “cutlery”.
The following are examples of serving utensils that are classified in Class 21 (sugar tongs), ice tongs, ice cream scoops, and ladles for serving wine.
Understanding the main elements of Class 8:
The EUIPO, in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy does not have any legal effect in trademark examination or the comparison of goods and services: it was only created as an assistive tool.
Class 8 in Nice classification is divided into the subsections below:
Trademark Class 8 - Subsection 1 –
- Hygienic and beauty implements for humans and animals
- Hair styling appliances
- Body art tools
- Manicure and pedicure tools
- Hair cutting and removal implements
- Animal shearing implements
- Cattle shearers
- Hair clippers for animal [hand instruments]
- Edged and blunt weapons
- Food preparation implements, kitchen knives and cutting implements, cutlery for eating
Trademark Class 8 - Subsection 2 –
- Hand operated tools and implements for treatment of material, and for construction, repair, and maintenance
- Animal slaughtering and butchering implements
- Agricultural, gardening, and landscaping tools
- Fire tending implements
- Hand tools for construction, repair, and maintenance
- Hammers, mallets, and sledgehammers
- Fastening and joining tools
- Cutting, drilling, grinding, sharpening, and surface treatment hand tools
- Lifting tools