TMEP 1902.02(f): Identification of Goods/Services

This is the October 2015 Edition of the TMEP

Previous: §1902.02(e) | Next: §1902.02(f)(i)

1902.02(f)    Identification of Goods/Services

An international application must include a list of goods/services that is identical to or narrower than the goods/services in the basic application and/or registration. 37 C.F.R. §7.11(a)(7). If the applicant lists any goods/services that are broader in scope than the goods/services in the basic application or registration, the USPTO will not certify the international application.

The prepopulated TEAS form will include the listing of goods/services in the USPTO’s electronic records for the basic application or registration as of the time the form is generated. An applicant may edit the list of goods/services by either deleting particular goods/services or revising the wording in the identification. On the MM2 paper form and the free-text TEAS form, the applicant must enter the goods/services manually and may omit goods or services, or revise the wording in the identification.

In general, semicolons should be used to separate distinct categories of goods/services within a class. See TMEP §1402.01(a). For example, “cleaners, namely, glass cleaners, oven cleaners, and carpet cleaners; deodorizers for pets” is an acceptable identification in Class 3. In this example, the word “cleaners” names the category covering “glass cleaners, oven cleaners, and carpet cleaners.” The semicolon prior to “deodorizers for pets” indicates that the deodorizers are a separate category of goods from the cleaners.

Similarly, commas should be used to separate items within a particular category of goods/services. For example, “clothing, namely, hats, caps, sweaters, and jeans” is an acceptable identification of goods in Class 25 and shows proper use of commas.

Colons and periods should not be used as punctuation within the identification of goods and services.

If the list of goods/services in an international application is not identical to the list of goods/services in the basic application and/or registration at the time the international application is reviewed, the MPU trademark specialist must determine whether the applicant has identified any goods/services that are broader than the goods/services covered in the basic application and/or registration.

When the MPU trademark specialist reviews an international application based on a basic application and/or registration that has been amended during the course of its examination, the list of goods/services in the international application must be within the scope of the goods/services in the basic application and/or registration as amended, and not as set forth in the original basic application and/or registration.

The IB provides a database of properly classified terms, the Madrid Goods and Services Manager (MGSM), at http://www.wipo.int. Applicants may refer to the MGSM to review the classification assigned by the IB to more than 40,000 goods and services as well as the translation of such goods/services into several languages.