MightyRecruiterIf you are applying for trademark registration with the United States Patent and Trademark Office or USPTO, you will be required to list the goods and services your trademark will apply to. Before you start filling out your application, you’ll need to be aware of the unique demands of the goods and services descriptions.
Intent to Use vs. Use in Commerce
There are two basic kinds of registrations for a federal trademark with the USPTO. What applies to you will depend on your state. The distinctions are:
- Intent to Use: For this category, you must have a genuine intention of using the trademark in connection or commerce with each listed good or service. This also applies if you are filing based on a foreign registration or extension request for federal internal registration protection.
- Use in Commerce: For this category, you must already be using your intended trademark either in connection or in commerce with every good/service listed.
If you are unsure which distinction applies to you, speak with your legal team before proceeding with your application.
Helpful Resources for Goods and Services Identifications
If you’re looking for a great place to start with your goods and services identifications, you should reference the USPTO’s website for helpful resources. To start, look at these two documents:
- International Schedule of Classes of Goods and Services: In this manual, you’ll find 45 different classes of goods and services from commercial sales to legal services. You may find your products and services fall into one or multiple categories.
- Acceptable Identification of Goods and Services Manual: This database will help you identify proper terms and designations for your goods and services. You’ll simply use the database key to make the appropriate searches based on your product.
While these manuals are excellent starting points for your registration application, you should note that these classifications alone are too broad. You may include language and class identifications from these documents if they appropriately apply to your business, but you must also include more specific lists and descriptions.
Describing Your Goods and Services
On your federal trademark registration application, you will be required to specify your services and/or goods in a clear way. Be succinct with your language, but be sure to write your descriptions in a way the general public can easily understand. You may be tempted to have your lawyer write this section using advanced legal jargon, but you might want to consider writing this segment yourself. Of course, you should still have your attorney look over the document before submission.
Additionally, you must list recognizable goods and services. Essentially, if you are unclear in what your business will cover, your application will be rejected and returned to you with the application fee. You may reply with a modified application, but you should contact the USPTO if you have any questions about why your application was returned.
Modifying Goods and Services After Applying
Once you’ve filed your registration application, you can make limited changes to your list of goods and/or services. You are allowed to add or change language for clarification, or you may remove items from your list altogether. However once you’ve filed your application, you cannot add to your list of goods and/or services or broaden your identifications in any way. If you want to take steps to expand or add to your application after its been filed, you should consider speaking with a legal expert before contacting the USPTO. While your current application may only allow some changes, you may have to option of filing a new application in the future.
As you fill out your application, make sure to consult with your partners and legal team before you submit. Don’t forget to reference the USPTO resources for extra information.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.