WVC 47 - 2 - 10
The secretary shall, by legislative rule promulgated in
accordance with the provisions of chapter twenty-nine-a of this
code, establish a classification of goods and services for
convenience of administration of this article, but not to limit or
extend the applicant's or registrant's rights, and a single
application for registration of a mark may include any or all goods
upon which, or services with which, the mark is actually being used
indicating the appropriate class or classes of goods or services.
When a single application includes goods or services which fall
within multiple classes, the secretary may require payment of a fee
for each class. To the extent practical, the classification of
goods and services should conform to the classification adopted by
the United States Patent and Trademark Office. Until approved by
the Legislature, the secretary may effect the purposes of this
section by emergency rule.