Trademark Manual of Examining Procedure (TMEP)
Chapter 1400: Classification and Identification of Goods and Services

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October 2017 Edition of the TMEP

Chapter 1400: Classification and Identification of Goods and Services

1401: Classification

1401.01: Statutory Authority

1401.02: International Trademark Classification Adopted

1401.02(a): Headings of International Trademark Classes

1401.02(b): Short Titles for International Trademark Classes

1401.02(c): International Alphabetical List

1401.03: Designation of Class

1401.03(a): Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44

1401.03(b): Designation of Class by USPTO When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44

1401.03(c): Failure to Classify May Delay Action in Applications Under §§1 and 44

1401.03(d): Classification Determined by World Intellectual Property Organization in §66(a) Applications

1401.04: Classification Determines Number of Fees

1401.04(a): Prior United States Classification System

1401.04(b): Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

1401.05: Criteria on Which International Classification Is Based

1401.05(a): Identification and Classification of Kits, Gift Baskets, and Items Sold as a Unit

1401.05(b): Medical vs. Non-Medical Goods

1401.05(c): Classification and Plurality of Uses

1401.05(d): Identification and Classification of "Systems"

1401.05(e): Identification and Classification of "Food Additives"

1401.06: Specimen(s) as Related to Classification

1401.07: Specimen Discloses Special Characteristics

1401.08: Classification and the Identification of Goods and Services

1401.09: Implementation of Changes to the Nice Agreement

1401.10: Effective Date of Changes to USPTO ID Manual

1401.10(a): Effective Date of USPTO ID Manual Entries for Applications Filed Under §66(a)

1401.11: Changes in Practice Based on the Restructuring of International Class 42 in the 8th Edition of the Nice Agreement

1401.11(a): Elimination of "Miscellaneous Class Designation"

1401.12: General Summary of Major Changes in Practice Based on the 9th Edition of the Nice Agreement

1401.12(a): Legal Services Transferred to International Class 45

1401.12(b): Goods Made of Precious Metal are Classified According to Their Function

1401.12(c): Transfer of Aquaria and Related Items

1401.13: General Summary of Major Changes in Practice Based on the 10th Edition of the Nice Agreement

1401.13(a): Electric/Electrothermic Goods

1401.13(b): Amusement and Game-Playing Apparatus

1401.13(c): Food Additives

1401.13(d): Dietetic Substances and Meal Replacements

1401.13(e): Marketing Services

1401.14: General Summary of Major Changes in Practice Based on the 11th Edition of the Nice Agreement

1401.14(a): Cosmetic and Toiletry Preparations and Soaps

1401.14(b): Household or Kitchen Serving Utensils and Small Hand-operated Kitchen Apparatus for Mincing, Grinding, Pressing, or Crushing

1401.14(c): Dietetic Food and Beverages Adapted for Medical or Veterinary Use

1401.14(d): Nut and Plant Milks; Milk Substitutes

1401.14(e): Security Services in Class 42 and Class 45

1401.14(f): Ivory, Bone, Whalebone, Horn, and Tusks

1402: Identification of Goods and Services

1402.01: Specifying the Goods and/or Services - in General

1402.01(a): General Guidelines for Acceptable Identifications of Goods or Services

1402.01(b): Identification of Goods and Services in a §44 Application

1402.01(c): Identification and Classification of Goods and Services in a §66(a) Application

1402.01(d): Location of "Identification of Goods and Services"

1402.01(e): Responsibilities of Examining Attorney as to Identification

1402.02: Entitlement to Filing Date With Respect to Identification of Goods and Services

1402.03: Specificity of Terms Used in Identifying Goods and Services

1402.03(a): Inclusive Terminology

1402.03(b): House Marks

1402.03(c): Marks for a "Full Line of …"

1402.03(d): Identifying Computer Programs with Specificity

1402.03(e): Identifying Publications with Specificity

1402.03(f): Recognition of Industry Terms

1402.03(g): Name and/or Acronym of Trademark Protection System or Scheme for Geographical Indication Appearing in Identification

1402.04: Acceptable Identification of Goods and Services Manual

1402.05: Accuracy of Identification

1402.05(a): Goods That Are Components or Ingredients

1402.05(b): Material Composition

1402.06: Amendments Permitted to Clarify or Limit Identification

1402.06(a): Limiting the Identification of Goods and Services

1402.06(b): Clarifying the Identification of Goods and Services

1402.07: Scope of Identification of Goods and Services for Purposes of Amendment

1402.07(a): The "Ordinary-Meaning" Test

1402.07(b): Ambiguous Identifications

1402.07(c): Unambiguous Identifications

1402.07(d): Permissible Scope of Identification Not Affected by Proposed Amendment That Is Unacceptable

1402.07(e): Permissible Scope of Identification Affected by Proposed Amendment That Is Acceptable

1402.08: Moving Goods and Services Between Companion Applications

1402.09: Use of Marks or Terms "Applicant" and "Registrant" Inappropriate in Identifications

1402.10: Identification of Goods and Services in Documents Filed in Connection with §1(b) Applications

1402.11: Identification of Services

1402.11(a): Computer Services

1402.11(a)(i): Services Classified in Classes 35, 36, 37, 39, 40, 41, 44, and 45

1402.11(a)(ii): Content Providers

1402.11(a)(iii): Provision of Telecommunications Connections to the Internet

1402.11(a)(iv): Office-Function-Type and Computerized Web Traffic Services

1402.11(a)(v): Computer Installation and Repair Services

1402.11(a)(vi): Computer Retail Services

1402.11(a)(vii): Computer Entertainment Services

1402.11(a)(viii): Computer Design and Development Services

1402.11(a)(ix): Database Services

1402.11(a)(x): Online Publications

1402.11(a)(xi): Electronic Storage, Hosting of Data, and Cloud Computing

1402.11(a)(xii): Non-Downloadable Computer Software

1402.11(b): Information Services

1402.11(c): Association Services and "Promoting the Interest of" Services

1402.11(d): Charitable Services, Other than Monetary

1402.11(e): Consulting Services

1402.11(f): Distribution of Videotapes, Audiotapes, Videodiscs, and Similar Items

1402.11(g): Recorded Entertainment Services

1402.11(h): Identification of "Bonus Programs"

1402.11(i): Marketing Services and Advertising Services

1402.11(j): Issuing Awards

1402.11(k): Accreditation- and Certification-Related Services vs. Certification Marks

1402.12: Parentheses and Brackets Should Not be Used in Identifications of Goods and Services

1402.13: Requirement for Amendment of Portion of Identification of Goods/Services

1402.14: Identification of Goods/Services Must Conform to Rules and Policies in Effect at the Time Registration is Sought

1402.15: Procedures for Processing Unacceptable Amendments to Identifications

1403: Combined or Multiple-Class Applications

1403.01: Requirements for Combined or Multiple-Class Applications

1403.02: Amendment of Combined or Multiple-Class Application

1403.02(a): Deletion of Classes

1403.02(b): Correction of Classification

1403.02(c): Addition of Classes

1403.03: Dividing of Combined or Multiple-Class Application

1403.04: Combined or Multiple-Class Marks in Official Gazette

1403.05: Refusals and Oppositions as to Less Than All the Classes in a Multiple-Class Application

1403.06: Fees for Action After Filing, Multiple Classes

1403.07: Surrender or Amendment in Multiple-Class Registrations