Failure to Classify May Delay Action in Applications Under §§1 and 44

The applicant should make an initial effort at

classification, using the Alphabetical List of goods and services and/or the ID

Manual. In an application under Trademark Act §1 or §44, when an application and fee

is filed for a single class, but the identification lists a large number of items

that obviously involve many classes, the examining attorney will require the

applicant to properly classify the items.  Class designations must be determined and

fees for multiple classes must be paid before an examining attorney does an extensive

search for conflicting marks in a large number of classes.

See

TMEP

§810.01

.

Electronically filed §1 and/or §44 applications

submitted on or after January 18, 2025 are subject to an additional fee if the

application does not include correctly classified goods/services with an

identification of goods/services taken directly from the ID Manual within the

electronic form. See

TMEP §819.03

for

information about the free-form text ID fee.