1402.04 Acceptable Identification of Goods and Services Manual
The USPTO maintains an ID Manual comprised of a listing of acceptable identifications of goods and services compiled by the Office of the Administrator for Trademark Identification, Classification and Practice. Although entries in the ID Manual are acceptable as written, the examining attorney may require an amendment to an otherwise definite identification in certain circumstances. See, for example, TMEP §§1401.07 and 1203.02(e)(ii). The ID Manual is updated periodically, and the entries in it are more extensive and specific than the Alphabetical List under the Nice Classification that is published by WIPO. The listing is not exhaustive, but is intended to serve as a guide to examining attorneys in acting on applications and to the public in preparing applications.
Using identification language from the ID Manual enables trademark owners to avoid objections by examining attorneys concerning indefinite identifications of goods or services; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified. Therefore, even if the identification is definite, examining attorneys may inquire as to whether the identification chosen accurately describes the applicant’s goods or services (see TMEP §1402.05 regarding accuracy of identifications).
No listing could include all possible identifications for the multitude of products and services for which marks may be registered. Therefore, a primary use of the ID Manual’s listings, in addition to indicating precise identifications that will be accepted, is to indicate by analogy and example the kinds of identifications that will be acceptable for products and services not covered by the existing listings.
Any identification of goods and services in the ID Manual that has a letter "T" in the TM5 column indicates that the identification is acceptable in the USPTO, the Japanese Patent Office (“JPO”), the European Trademark Office (“OHIM,” the Office for Harmonization in the Internal Market), the Korean Intellectual Property Office (“KIPO”), and the State Administration for Industry and Commerce (“SAIC”) of the People’s Republic of China.
In a TEAS Plus application, the application must include correctly classified goods and/or services, with an identification of goods and/or services taken directly from the USPTO ID Manual, available through the TEAS Plus form. 37 C.F.R. §2.22(a)(8); TMEP §819.01(g). In a TEAS or TEAS RF application, the applicant may include correctly classified goods and/or services taken from the ID Manual or may create and enter a listing of recognizable goods and/or services. See TMEP §805 regarding listing particular goods or services in an application and designation of international class number(s) and TMEP §1402.02 regarding entitlement to a filing date with respect to the identification of goods and services.
The ID Manual can be viewed and downloaded free of charge from the USPTO website at http://www.uspto.gov, and it is accessible from within TEAS.