W. Va. Code R. § 153-29-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-29-6 - Classification of Goods and Services

6.1. Goods shall be classified according the system established by the United States Patent and Trademark Office, as follows:

6.1.a. Chemicals products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; and adhesive substances used in industry;

6.1.b. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; coloring matters and dyestuffs; mordants; natural resins; and metals in foil and powder form for painters and decorators;

6.1.c. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; and dentifrices;

6.1.d. Industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; and candles, tapers, night lights and wicks;

6.1.e. Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' food; plasters and material for bandaging; material for stopping teeth, dental wash and disinfectants; and preparations for killing weeds and destroying vermin;

6.1.f. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, and rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; and ores;

6.1.g. Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; and incubators;

6.1.h. Hand tools and instruments; cutlery, forks, and spoons; and side arms;

6.1.i. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counter feed apparatus; talking machines; cash registers; calculating machines; and fire extinguishing apparatus;

6.1.j. Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes and teeth);

6.1.k. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes;

6.1.l. Vehicles; and apparatus for locomotion by land, air or water;

6.1.m. Firearms; ammunition and projectiles; explosive substances; and fireworks;

6.1.n. Precious metals and their alloys and goods in precious metals or coated with precious metals (except cutlery, forks and spoons); and jewelry, precious stones, horological and other chronometric instruments;

6.1.o. Musical instruments (other than talking machines and wireless apparatus);

6.1.p. Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, and books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype);

6.1.q. Gutta percha, india rubber, balata and substitutes, and articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products; and hose pipes (nonmetallic);

6.1.r. Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, and hides; trunks and traveling bags; umbrellas, parasols and walking sticks; and whips, harness and saddlery;

6.1.s. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road making materials; asphalt, pitch and bitumen; portable buildings; stone monuments; and chimney pots;

6.1.t. Furniture, mirrors, and picture frames; and articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum celluloid, and substitutes for all these materials, or of plastics;

6.1.u. Small domestic utensils and containers (not of precious metals, or coated with precious metals); combs and sponges; brushes (other than paint brushes); brush making materials; instruments and material for cleaning purposes, and steel wool; unworked or semi-worked glass (excluding glass used in building); and glassware, porcelain and earthenware, not included in other classes;

6.1.v. Ropes, string, nets, tents, awnings, tarpaulins, sails, and sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); and raw fibrous textile materials;

6.1.w. Yarns and threads;

6.1.x. Tissues (piece goods); bed and table covers; and textile articles not included in other classes;

6.1.y. Clothing, including boots, shoes and slippers;

6.1.z. Lace and embroidery, ribands, and braid; buttons, press buttons, hooks and eyes, and pins and needles; and artificial flowers;

6.1.aa. Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors; and wall hangings (nontextile);

6.1.bb. Games and playthings; gymnastic and sporting articles (except clothing); and ornaments and decorations for Christmas trees;

6.1.cc. Meats, fish, poultry and game; meat extracts; preserved, and dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; and preserves and pickles;

6.1.dd. Coffee, tea, cocoa, sugar, rice, tapioca, sago and coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery and ices; honey and treacle; yeast and baking powder; salt, mustard, pepper, vinegar, sauces and spices; and ice;

6.1.ee. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; and foodstuffs for animals and malt;

6.1.ff. Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks; and syrups and other preparations for making beverages;

6.1.gg. Wines, spirits and liqueurs; and

6.1.hh. Tobacco, raw or manufactured; smokers' articles; and matches.

6.2. Services shall be classified according the system established by the United States Patent and Trademark Office, as follows:

6.2.a. Advertising and business;

6.2.b. Insurance and financial;

6.2.c. Construction and repair;

6.2.d. Communication;

6.2.e. Transportation and storage;

6.2.f. Material treatment;

6.2.g. Education and entertainment; and

6.2.h. Miscellaneous.

W. Va. Code R. § 153-29-6