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

October 2017 Edition of the TMEP

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

The applicant should make an initial effort at classification, using the Alphabetical List of goods and services.  In an application under §1 or §44 of the Trademark Act, when an application and fee is filed for a single class, but the identification lists a large number of items that obviously involve many classes, the examining attorney will require the applicant to properly classify the items.  Class designations must be determined and fees for multiple classes must be paid before an examining attorney does an extensive search for conflicting marks in a large number of classes. See TMEP §810.01.