TMEP 1403.02(b): Correction of Classification

October 2017 Edition of the TMEP

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1403.02(b)    Correction of Classification

In an application under §1 or §44 of the Trademark Act, improper classification may be corrected by switching goods/services by amendment from one to another of the classes originally set forth, or by changing the class designations, as long as the number of classes is not increased.

The examining attorney may correct classification by examiner’s amendment, without prior authorization by the applicant. See TMEP §707.02. Correction of classification after publication for opposition does not require republication. See TMEP §1505.03(b).

When more than one item of goods or services is listed in a class, the specimen and dates of use given do not necessarily apply to all the items listed.  If the item to which the specimen and/or dates pertain is removed from the identification by amendment, the applicant must submit a new specimen and/or dates of use for that class.  If the new dates differ from the dates originally set forth, the additional dates must be verified by an affidavit or declaration by the applicant. See 37 C.F.R. §2.71(c).  See TMEP §903.04 regarding a permissible amendment of dates of use.

In a §66(a) application, classes may not be added, and goods/services may not be transferred from one class to another in a multiple-class application. 37 C.F.R. §2.85(d);  see TMEP §§1401.03(d), 1402.01(c), 1904.02(b), (c).