Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44

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USPTO TMEP › Chapter 1400 - Classification and Identification of Goods and Services › TMEP § 1401.03(a)

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Generally, in applications under §1 or §44 of the

Trademark Act, prior to their assignment to an examining attorney, the USPTO retains

the class number designated by the applicant, in the absence of any information

clearly contradicting that classification. If the examining attorney determines that

the class designated by the applicant is incorrect, the examining attorney will

require reclassification. See

TMEP §1401.02(a)

regarding classification of goods and services. If an identification is broad enough

to encompass more than one class, the examining attorney will also require that the

identification be amended to limit the goods or services to a single class.

See

In re Omega SA,

494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007)

(affirming decision that the examining attorney properly required amendment of the

term "chronographs" in the identification of goods so that proper classification

could be determined);