T.M.E.P. § 1402.14
Identification of Goods/Services Must Conform to Rules and Policies in Effect at the Time of Examina

Executive summary:

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.

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1402.14 Identification of Goods/Services Must Conform to Rules and Policies in Effect at the Time of Examination

The question of whether an identification of goods/services is acceptable must be determined on the basis of the facts and evidence that exist at the time registration is sought. Cf. TMEP §1216.01. The international classification system and Office policy on acceptable identifications change periodically (see, e.g., TMEP §§1401.09 et seq. regarding the restructuring of international class 42). Accordingly, identifications of goods/services found in earlier-filed applications and registrations are not always controlling on the acceptability of such identifications in a later-filed application.