TMEP 1401.06: Specimen(s) as Related to Classification

October 2017 Edition of the TMEP

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1401.06    Specimen(s) as Related to Classification

As a general rule, the specimen(s) in an application under §1 of the Trademark Act helps to determine the correct classification.  The examining attorney should carefully review the specimen to ensure that the identification and classification of the goods and/or services is accurate.  If the information on the specimen and the wording of the identification differ, or if some significant characteristic shown in the specimen is omitted from the identification, the assigned class number may be incorrect. See TMEP §1402.05.  However, the examining attorney must remember that, generally, a specimen need only support use of the mark on one item in each class of goods or services set forth in an application. See TMEP §904.01(a).