Identification of Goods and Services

The identification of goods and services must be specific, definite, clear, accurate, and concise. TMEP 1402.01. The USPTO has a Manual of  Acceptable Identification of Goods and Services and  may add to this manual upon request new categories of goods and services if they serve the applicant’s needs and fit the standards of the USPTO.

Therefore, proper punctuation in identifications of goods is necessary to delineate explicitly each product within a list and to avoid ambiguity.  Generally, commas should be used (1) to separate a series of related items identified within a particular category of goods, (2) before and after “namely,” and (3) between each item in a list of goods following “namely.”  TMEP §1402.01(a).  Semicolons generally should be used to separate a series of distinct categories of goods within an international class.

Representations of identified goods and services are material to the USPTO’s decision to issue a registration and if the information is incorrect, it may be fraud on the USPTO, a cause to have a registration canceled. Hachette Filipacchi Presse v. Elle Belle LLC, 85 U.S.P.Q.2d 1090 (TTAB 2007).

An application for registration can be amended by narrowing the scope up until time of publishing. New matter cannot be added after application, amendments which materially alter the mark are prohibited. Misidentification of goods and services is a common issue in trademark rejections.


USPTO GENERAL GUIDELINES FOR ACCEPTABLE IDENTIFICATIONS OF GOODS AND SERVICES-TMEP 1402.01(a)

With few exceptions, an identification of goods and services will be considered acceptable if it is:

    * Written in English

    * Describes the goods and/or services so that an English speaker could understand what the goods and/or services are even if the grammar or phrasing isn't optimal

    * Meets the standards (not necessarily the language) set forth in the US ID Manual, such as parentheses and brackets should not be used in identifications of goods and services (see TMEP 1402.12)

    * Not a class heading

    * In the correct class

    * Must be specific, definite, clear, accurate, and concise


TERMS TO AVOID IN AN ACCEPTABLE IDENTIFICATION OF GOODS AND SERVICES


USPTO ID MANUAL SITES:

Notes are available for some Identifications, if a Note is available, an underscored letter "Y" will display in the Note column of the search results page.

Trademark owners should be aware that the right to register with the USPTO is determined by both the application and the mark, not just the mark being registered. A proper identification of goods and services is a vital part of the application. Many  trademark refusals can be avoided or overcome by using Not Just Patents ® Trademark Services. Not Just Patents does not just simply zoom through filling out an application and submit it--your legal rights are at stake! We do the homework to get it right.

For more information on identification of goods and services, see Trademark ID Manual for a short list and more extensive list of the goods and services categories.

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