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

October 2017 Edition of the TMEP

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

Paper Application.  If the applicant submits a separate drawing page in a paper application, this page is considered part of the written application and not a separate element.  Any goods or services listed on the drawing page in a paper application will be considered part of the "identification of goods and services," even if they do not appear within the body of the application.

There is no requirement that goods or services be listed in any particular place within the body of a written paper application. See In re Atlantic Scientific Corp., 47 USPQ2d 1959 (Comm'r Pats. 1998).  However, goods or services referenced only on the specimen(s) are not considered part of the identification.

TEAS, TEAS RF, or TEAS Plus Application.  In a TEAS, TEAS RF, or TEAS Plus application, only goods and/or services listed in the proper field will be considered part of the identification.

§66(a) Application. In an application under §66(a), the listing of goods and/or services for which the holder of an international registration seeks protection in the United States is transmitted to the USPTO from the IB. The goods and/or services may be all of those listed in the international registration – the "Basic Goods and Services." Alternatively, the holder of an international registration may seek protection for less than all the goods/services listed in the international registration. In such cases, in addition to the "Basic Goods and Services," the §66(a) application will contain "Limitation" details. The "limited" goods/services are the operative goods/services for the purposes of examination. Further limitations may be transmitted from the IB. Such limitations are processed by the Madrid Processing Unit (MPU) and examining attorneys are notified of changes as appropriate. See TMEP §1904.02(e)(ii) regarding limitations.