T.M.E.P. § 1402.02
Entitlement to Filing Date With Respect to Specification of Goods and Services
Executive summary:
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1402.02 Entitlement to Filing Date With Respect to Specification of Goods and Services
An application under §1 or §44 must include an identification of goods/services to receive a filing date. 37 C.F.R. 2.21(a)(4). If an application does not include an identification of recognizable goods or services, it will be denied a filing date.
Effective October 30, 1999, any goods or services listed on a drawing page are considered part of the "identification of goods and services."
If the application does not identify any recognizable goods or services, the Office will deny a filing date. For example, a filing date will be denied if the identification of goods or services is blank or recites only the following:
(1) the mark itself;
(2) a class number;
(3) wording such as "company name," "corporate name" or "company logo;"
(4) "Internet services" or "e-commerce services;"
(5) "advertising and business" (the short title of Class 35);
(6) "miscellaneous" or "miscellaneous services;" or
(7) "personal services" (the short title of Class 45).
These examples fail to meet even the minimum requirements necessary to receive a filing date under 37 C.F.R. 2.21(a)(4).
In an application under §1 or §44, if an examining attorney finds that the application materials fail to specify recognizable goods or services, the examining attorney should return the materials to the supervisory legal instruments examiner with instructions to cancel the filing date for failure to specify goods or services, under 37 C.F.R. 2.21(a)(4).
If the identification language includes wording that would not be sufficient and other wording that, by itself, would be specific enough to entitle the application to a filing date, the Office will grant the application a filing date. The Office will disregard wording that fails to include any scope limitations for the purpose of determining the scope of permissible amendments. For example, if the applicant uses "e-commerce services" along with definite language, the identification of services may only be amended to correct the identification within the scope of services indicated by the presence of the definite language. See TMEP §§1402.07 et seq. regarding the scope of an identification for purposes of amendment.
Reference to the goods or services only on the specimen(s) does not satisfy the requirement for an "identification of goods or services."
The Office will not deny a filing date if the applicant uses the language of an international class heading or indicates that the mark is used on all goods or services in a certain class. However, the Office strongly discourages the use of the language of the international class headings or statements that the mark is used on all goods or services in a class to identify the goods or services for which registration of the mark is sought, and will require amendment of any such identification. Note also that an applicant is required to submit a verified statement specifying either that the applicant is using the mark in commerce or has a bona fide intention to use the mark in commerce on or in connection with the specified goods or services. It is unlikely that any applicant is using or intends to use a mark on all goods or services within a certain class.