T.M.E.P. § 1403.01
Requirements for Combined or Multiple-Class Application

Executive summary:

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1403.01 Requirements for Combined or Multiple-Class Application

Goods and/or services that fall in more than one class may be included in one application, called a "combined" or "multiple-class" application.

A multiple-class application may pertain to only one mark, and to only one register. A single certificate of registration will be issued, unless the application is divided. See TMEP §§1110 et seq. regarding division of an application.

A multiple-class application must contain the following:

(1) The class numbers for which registration is sought, and the goods or services appropriately classified in each class. The classes must be set forth in consecutive numerical order beginning with the lowest number, and the goods or services must be listed in association with their class numbers. Setting the classes and the goods or services out in tabulated form rather than narrative form is desirable because it usually adds clarity.

(2) A filing fee for each class. See TMEP §§810.01 and 1403.05(a).

(3) The dates of first use and first use in commerce for each class, in an application under §1(a) of the Act. If the dates are the same for all classes, the dates may be stated once, with the statement that the mark was first used on said dates on the goods or services in all the classes. If the dates of use differ for different classes, the appropriate dates for each class must be specified separately. The dates may be set forth in separate clauses, sentences or paragraphs, or in tabular form, whichever will give complete information in the clearest way under the circumstances.

(4) One specimen supporting use of the mark on goods or services in each class, in an application under §1(a) of the Act.

(5) Only one drawing may be included, because there may be only one mark per application.

Prior to registration, an intent-to-use applicant must file an allegation of use (i.e., either an amendment to allege use under 15 U.S.C. 1051(c) or a statement of use under 15 U.S.C. 1051(d)), that states that the applicant is using the mark in commerce on or in connection with the goods or services; includes dates of use and a filing fee for each class; and includes one specimen evidencing use for each class. See 37 C.F.R. 2.76 and TMEP §§1104 and 37 C.F.R. 2.88 and TMEP §§1109 et seq. regarding statements of use.