Accurately describing your goods/services is critical to the validity of your trademark application and any resulting registration. Describing your goods/services incorrectly can be fatal.
If you use your trademark to sell your own brand of products, you are using the mark to identify goods. Note that if you have an online store that only sells your own brand of goods to consumers, you are selling goods under the trademark, but you are not offering retail store services.
If you render services for others (as opposed to selling your own brand of goods), then you are offering services. Some examples are legal services, retail store services, mental health services, etc. Note that if you are using your trademark to sell third-party branded goods directly to consumers, you are actually rendering retail store services with respect to those goods.
Once you understand whether you’re selling goods or rendering services, check the Trademark ID Manual (link below) to review descriptions of goods/services that are pre-approved by the USPTO.
Note that the manual frequently has numerous descriptions that overlap or say the same thing in a slightly different way. Look for the most accurate description and also the broadest description that your product or service accurately falls in. If you have retained trademark counsel to help you with your filing, these descriptions will help your trademark attorney advise you as to the best identification(s) to use.
Example: If your product is a hair shampoo for babies, there are a few descriptions that could accurately describe your product: (1) Shampoos for babies, (2) Shampoos or (3) Hair care preparations. By retaining legal counsel to assist with your application, counsel can advise you as to the best description to use.
Search for goods/services descriptions that the USPTO has pre-approved and which qualify for reduced government filing fees.
If you cannot locate an accurate description for all of your goods/services in the Trademark ID Manual, it is possible to create a “free form” description of goods/services. However, using a free form description requires using a more expensive application type that has a government fee of $350 per class (as opposed to a government fee of $250 per class if all goods/services are described using pre-approved descriptions from the ID Manual).
Complete our intake form today.
Joshua IP, PLLC2600 N Military Trail, Ste 355Boca Raton, Florida 33431
Receive IP news, updates and exclusive offers by signing up for the Joshua IP newsletter.
Copyright 2021, Joshua IP, PLLC