TMEP 702.03(a)(iv): Classification and Identification in Companion Applications that Have Registered or Been Published for Opposition

October 2017 Edition of the TMEP

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702.03(a)(iv)    Classification and Identification in Companion Applications that Have Registered or Been Published for Opposition

If a companion application has been published for opposition or has registered, the examining attorney may presume that the classification and identification of goods or services in the companion application or registration are acceptable, unless the identification or classification is clearly wrong.  If the examining attorney accepts the classification and identification of goods or services because they were accepted in a companion application or registration, the examining attorney must note the companion application serial number or registration number in a Note to the File.

Sometimes, the classification and identification of goods and/or services in the prior companion application or registration is clearly wrong.  For example, identifications and class assignments that were acceptable in the past may no longer be in accord with the current Nice Agreement classification system ( see TMEP §§1401.02–1401.02(c) ) or with USPTO policy on acceptable identifications, which change periodically.  In these cases, the examining attorney cannot adopt the classification and identification listed in the companion application or registration. See TMEP §§1402.14, 1904.02(c)(v).