TMEP 1902.02(g)(iii): Kits and Gift Baskets

October 2017 Edition of the TMEP

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1902.02(g)(iii)    Kits and Gift Baskets

The USPTO policy regarding the identification and classification of kits and gift baskets differs from the policy of the IB regarding the classification of these goods.

The USPTO permits registration of a kit or gift basket in a single international class, even if the identification of goods lists items that are classified in other classes.  The IB and most foreign countries will not accept an identification of goods in a particular class that includes a reference to goods that are classified in other classes.  If an international application includes kits and/or gift baskets, and the identification of goods refers to items classified in more than one class, the IB is likely to issue a notice of irregularity requiring the applicant to separate the goods into their respective classes and to pay additional fees for added classes.  To avoid issuance of a notice of irregularity by the IB, an international applicant may wish to either narrow the identification to refer only to items in a single international class, or submit additional fees for multiple international classes.