T.M.E.P. § 1402.04
Acceptable Identification of Goods and Services Manual
This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.
For more information on trademark law, please see the Trademark Section of BitLaw.
1402.04 Acceptable Identification of Goods and Services Manual
The USPTO maintains a listing of acceptable identifications of goods and services compiled by the Administrator for Trademark Identifications, Classification and Practice in the Office of the Commissioner for Trademarks. The Acceptable Identification of Goods and Services Manual contains identifications of goods and services and their classifications that are acceptable in the Office without further inquiry by an examining attorney (provided such identification and classification is supported by the specimens of record). The Manual is updated periodically, and the entries in it are more extensive and specific than the Alphabetical List of Goods and Services that is published by WIPO. The listing is not exhaustive but is intended to serve as a guide to examining attorneys in acting on applications and to the public in preparing applications.
Using identification language from the Manual enables trademark owners to avoid objections by examining attorneys concerning indefinite identifications of goods or services; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified. Therefore, even if the identification is definite, examining attorneys may inquire as to whether the identification chosen accurately describes the applicant's goods or services (see TMEP §1402.05 regarding accuracy of identifications).
No listing could include all possible identifications for the multitude of products and services for which marks may be registered. Therefore a primary use of the Manual's listings, in addition to indicating precise identifications that will be accepted, is to indicate by analogy and example the kinds of identifications that will be acceptable for products and services not covered by the existing listings.
The Acceptable Identification of Goods and Services Manual can be downloaded free of charge from the USPTO website at http://www.uspto.gov.