According to its Explanatory Note, Class 8 includes mainly "hand-operated tools and implements for performing tasks, such as drilling, shaping, cutting and piercing". Although many of these tools are described in the Alphabetical List as "hand tools", the criterion to determine their classification in Class 8 is not so much that they are hand-held, but rather their mode of operation, i.e., that they are operated manually and not by electricity or any other form of power. Thus, hand-operated tools such as screwdrivers are in Class 8, while electric screwdrivers, which are also hand-held, are in Cl. 7.
It should be noted, however, that certain hand tools are classified in Class 8 regardless of whether they are electric or non-electric. These are small hand implements such as depilation appliances, razors, hair clippers and manicure sets that cannot be considered to be "machines", "machine tools" or "power-operated tools" in Cl. 7.
Handles for hand-operated tools are also classified in Class 8 as they are seen as being an intrinsic part of the tool. Thus, scythe handles and knife handles are in Class 8 but it is worth bearing in mind that other types of handles would be classified in other classes according to the object they are part of, for example, broom handles belong to Cl. 21 along with brooms, and umbrella handles are in Cl. 18.
The relationship between Class 8 and Cl. 21 is sometimes problematic as it may be difficult to decide whether certain goods should be considered to be a hand tool in Class 8 or a kitchen or household utensil in Cl. 21. Table cutlery and knives are in Class 8, whereas Cl. 21 includes serving utensils and certain kitchen tools, such as corkscrews, nutcrackers, pie servers and sugar tongs. Other tools used in the kitchen do belong to Class 8, however, because of their cutting nature, including vegetable peelers, fruit corers and kitchen mandolines, as well as non-electric cheese slicers, pizza cutters and tin openers. Similar goods when powered by electricity would belong to Cl. 7, like electric knives and electric tin openers.
The term "cutlery" in the Class Heading justifies the inclusion in Class 8 of hand-operated cutting tools, such as knives and scissors. Certain specialized cutting instruments, however, are classified in other classes, for example, scalpels in Cl. 10 and paper cutters in Cl. 16.
It should be noted that the term "cutlery" in the Classification also refers to knives, forks and spoons for eating (the term has been translated into French as "coutellerie, fourchettes et cuillers" because "coutellerie" refers only to knives and other cutting instruments).
Class 8 is also the correct class for side arms, with the exception of firearms which belong to Cl. 13. Thus, Class 8 is home to bladed weapons, such as bayonets and swords. However, such goods can belong to Cl. 28 when they are used for sports, for example, fencing weapons.