The system of international classification of marks entered into force in the United States on September 1, 1973. Prior to that date, the United States used its own international classification system. The Committee of Experts of the Nice Union regularly publishes an updated classification list. The current edition of the classification system can be downloaded free of charge from the WiPO website. The trademark offices of the Signatory States of the Nice Agreement undertake to use the classification codes indicated in their official documents and publications. The Nice Classification applies to all signatory countries to the Paris Agreement. The Paris Agreement is an agreement for the protection of industrial property signed in 1883. The signatory states are the United States, Chile, Argentina, Uruguay, Panama, Peru, Costa Rica, Ecuador, Mexico and Colombia. The Nice Agreement is a multilateral treaty managed by WIPO, which establishes the International Classification of Goods and Services for the registration of marks and service marks. Since September 1, 1973, this international classification system has been the control system used by the United States and applies, for all legal purposes, to all applications filed on or after September 1, 1973 and to registrations resulting therefrom. See 37 CFR 2.85 (a).
Any signatory to the Nice Agreement must use the international classification system. Class 40 mainly includes services provided by mechanical or chemical processing, processing or manufacture of inorganic or organic articles or materials, including custom manufacturing services.