TMEP 1012: Identification of Goods and Services

This is the October 2015 Edition of the TMEP

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1012    Identification of Goods and Services

The identification of goods and services in a §44 application must comply with the same standards that govern other applications. See TMEP §1402.01(b) for more information about the identification of goods or services in a §44 application. See also TMEP §1304.02(c) for information regarding the identification in a collective membership mark application and TMEP §1306.02(c) regarding the identification in a certification mark application.

If the U.S. application is based on §44, the identification of goods and services covered by the §44 basis may not exceed the scope of the goods and services identified in the foreign application or registration. 37 C.F.R. §2.32(a)(6); see Marmark Ltd. v. Nutrexpa S.A., 12 USPQ2d 1843 (TTAB 1989); In re Löwenbräu München, 175 USPQ 178 (TTAB 1972).