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

October 2017 Edition of the TMEP

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

The question of whether the identification and/or classification of goods/services is acceptable must be determined on the basis of the facts and evidence that exist on the application filing date. Cf. TMEP §1216.01.  The international classification system and USPTO policy on acceptable identifications change periodically (see, e.g., TMEP §§1401.11 et seq. regarding the restructuring of international class 42).  Therefore, the fact that an identification of goods or services was accepted in an earlier-filed application or prior registration does not necessarily mean it is controlling in a later-filed application. See In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007) (examining attorney’s requirement for amendment of the term "chronographs" in the identification of goods upheld, notwithstanding applicant’s ownership of several registrations in which this term appears without further qualification in the identification).