TMEP 1403: Combined or Multiple-Class Applications

This is the October 2015 Edition of the TMEP

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1403    Combined or Multiple-Class Applications

37 C.F.R. §2.86 Multiple-class applications.

  • (a) In a single application for a trademark, service mark, and/or collective mark, an applicant may apply to register the same mark for goods, services, and/or a collective membership organization in multiple classes. In a multiple-class application, the applicant must satisfy the following, in addition to the application requirements of § 2.32 for a trademark or service mark, and § 2.44 for collective marks:
  • (1) For an application filed under section 1 or 44 of the Act, identify the goods or services in each international class and/or the nature of the collective membership organization in U.S. Class 200; for applications filed under section 66(a) of the Act, identify the goods services in each international class assigned by the International Bureau in the corresponding international registration;
  • (2) Submit the application filing fee required by § 2.6 for each class; and
  • (3) Include either dates of use and one specimen for each class based on section 1(a) of the Act; or a statement that the applicant has a bona fide intention to use the mark in commerce, for a trademark or service mark, or a statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce, for collective marks, for each class based on section 1(b), 44, or 66(a) of the Act. When requested by the Office, additional specimens must be provided.
  • (b) In a single application for a certification mark, an applicant may apply to register the same certification mark for goods and services. In such case, the applicant must satisfy the following, in addition to the application requirements of § 2.45:
  • (1) For an application filed under section 1 or 44 of the Act, identify the goods in U.S. Class A and the services in U.S. Class B; for applications filed under section 66(a) of the Act, identify the goods and services in each international class assigned by the International Bureau in the corresponding international registration;
  • (2) Submit the application filing fee required by § 2.6 for both classes; and
  • (3) Include either dates of use and one specimen for each class based on section 1(a) of the Act; or a statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce for each class based on section 1(b), 44, or 66(a) of the Act. When requested by the Office, additional specimens must be provided.
  • (c) In a single application, both section 1(a) and 1(b) of the Act may not be claimed for identical goods or services.
  • (d) In a single application based on section 1 or 44 of the Act, goods or services in U.S. Classes A and/or B may not be combined with either goods or services in any international class or with a collective membership organization in U.S. Class 200; and in a single application based on section 66(a) of the Act, a certification mark application may not be combined with goods, services, or a collective membership organization in any international class. See § 2.45(f).
  • (e) An amendment to allege use under § 2.76 or a statement of use under § 2.88 for multiple classes must include, for each class, the required fee, dates of use, and one specimen. When requested by the Office, additional specimens must be provided. The applicant may not file an amendment to allege use or a statement of use until the applicant has used the mark on or in connection with all the goods, services, or classes, unless the applicant also files a request to divide under § 2.87.
  • (f) The Office will issue a single certificate of registration for the mark, unless the applicant files a request to divide under § 2.87.

In a single application for a trademark, service mark, and/or collective mark, an applicant may apply for the same mark for a combination of goods, services, and/or a collective membership organization in multiple classes. 37 C.F.R. §2.86(a). Additionally, in a single application for a certification mark, an applicant may apply for the same certification mark for both goods and services in U.S. Classes A and B. 37 C.F.R. §2.86(b). The USPTO calls these types of applications a “combined” or “multiple-class” application.

A multiple-class application may be viewed as a group of applications for registration of one mark in connection with goods, services, or a collective membership organization in particular classes, all combined into one application. Generally an applicant is in the same position that he or she would have been if they had filed several single-class applications instead. G&W Labs., Inc. v. G W Pharma Ltd., 89 USPQ2d 1571, 1574 (TTAB 2009).

A multiple-class application must pertain to only one mark, and to only one register. A single certificate of registration will be issued, unless the application is divided. 37 C.F.R. §2.86(f). See TMEP §§1110-1110.11(a) for information regarding requesting to divide an application.