TMEP 1904.02(e)(i): Corrections to Goods/Services/Classes

October 2017 Edition of the TMEP

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1904.02(e)(i)    Corrections to Goods/Services/Classes

When the IB determines that there is an error concerning the goods/services and/or classification listed in an international registration in the International Register, it corrects that error ex officio.  Requests for correction may be submitted to the IB by the holder (i.e., a §66(a) applicant seeking protection in the United States), the Office of Origin of the international application, or in some cases by the USPTO Administrator for Trademark Classification Policy and Practice.

Corrections that merely reclassify the originally identified goods/services may be accepted; however, any indefinite wording of the identification of such goods/services that was acceptably amended during the course of USPTO examination is not affected or changed by the correction issued by the IB.  When an applicant amends the identification of goods/services in a manner that is acceptable to the examining attorney, including voluntary deletion of goods/services, the amendment replaces all previous identifications and thus restricts the scope of goods/services to the amended language. See TMEP §1402.07(e). However, if a correction adds goods/services that were omitted from the basic list of goods/services in error, they would be inserted into the identification and subject to USPTO practice with regard to definiteness.

See also TMEP §1904.03(f) regarding notifications of corrections in general, TMEP §1904.14 regarding corrections to registered extensions of protection, and TMEP §1906.01(f) regarding filing requests for correction with the IB.