# TMEP § 1402.12: Parentheses and Brackets Should Not be Used in Identifications of Goods and Services

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1402.12

## Section

- **Citation:** TMEP § 1402.12
- **Heading:** Parentheses and Brackets Should Not be Used in Identifications of Goods and Services
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1400 - Classification and Identification of Goods and Services / TMEP § 1402.12

## Text

Generally, parentheses and brackets must not be used in
identifications of goods and services.  The Post Registration Section of the USPTO uses
single square brackets to indicate that goods/services have been deleted from a
registration either by amendment under
15 U.S.C.
§1057
,  filing of a partial affidavit of continued use under
15
U.S.C. §1058
or
15 U.S.C.
§1141k
, or filing of a partial renewal application under
15
U.S.C. §1059
.   The Post Registration Section also uses double
parentheses to indicate that certain goods or services are not claimed in an affidavit
of incontestability under
15 U.S.C.
§1065
.  See
TMEP
Chapter 1600
regarding affidavits of continued use or
excusable nonuse, renewal applications, affidavits of incontestability, and amendment of
registrations. Therefore, to avoid confusion, applicants generally must not use
parentheses and brackets in the identification of goods or services in an
application.
The only time parentheses may be used in an
identification is when the parentheses merely explain the matter preceding the
parenthetical phrase in such a way that it does not affect the clarity or scope of the
identification. For example, although not required, it is acceptable to include an
acronym in parentheses after the wording for which the acronym stands because it would
not impact the clarity of the identification, e.g., "consulting services in the field of
software as a service (SAAS)" in Class 42 or "mountaineering and rock climbing
equipment, namely, spring-loaded camming devices (SLCDs)" in Class 28. In general,
synonyms or foreign translations of terms must not be included in parentheses in an
identification. However, the USPTO’s
Acceptable Identification of Goods and
Services Manual
(ID Manual) does include several TM5 entries with the
transliteration of primarily food items in parentheses
mountaineering and rock climbing
equipment, namely, spring-loaded camming devices (SLCDs)" in Class 28. In general,
synonyms or foreign translations of terms must not be included in parentheses in an
identification. However, the USPTO’s
Acceptable Identification of Goods and
Services Manual
(ID Manual) does include several TM5 entries with the
transliteration of primarily food items in parentheses. An identification of goods such
as "fried tofu pieces (abura-age)" in Class 29 is acceptable because the parenthetical
phrase merely provides further information about the goods in a manner that does not
create ambiguity or impact the scope of the identification.
If the wording contained within the parentheses limits
the nature, function, purpose, use, channels of trade, or intended users of the
goods/services, such wording likely will affect the clarity of the identification. For
example, "bags (tote)" in Class 18 would not be an acceptable use of parentheses.  If
the identification were misinterpreted to mean that "tote" was no longer part of the
identification of goods (due to an amendment of the goods or filing of a partial
affidavit of continued use or renewal application), the item would merely read "bags."
That would create an ambiguity within Class 18, since it could refer to any type of bag
– from all-purpose sports bags to evening bags – and would make a determination of
likelihood of confusion difficult.  Also, some bags are in classes other than Class 18.
Without an indication of the type of bag, classification of the goods is problematic.
In the preceding example, "bags" is indefinite and overly broad. However, definite
identifications must also not be followed by parenthetical information that affects the
clarity of the identification; for example, although "coats" is acceptable in Class 25,
"coats (cotton)" is unacceptable because the nature of the goods is limited by the
parenthetical wording
ication of the goods is problematic.
In the preceding example, "bags" is indefinite and overly broad. However, definite
identifications must also not be followed by parenthetical information that affects the
clarity of the identification; for example, although "coats" is acceptable in Class 25,
"coats (cotton)" is unacceptable because the nature of the goods is limited by the
parenthetical wording. The parenthetical information must be incorporated into the
identification rather than merely appearing within parentheses. "Coats made of cotton"
would be an acceptable amendment of "coats (cotton)."
If bracketed material is entered in an identification, it
will be automatically deleted in all electronically filed applications. However,
bracketed material will not be automatically deleted from the identification in
applications filed under §66(a) or in paper applications. In a paper application, the
examining attorney may delete the bracketed material with a "no-call" examiner’s
amendment.
See
TMEP
§707.02
.
See
TMEP §§1904.02(c)
and
1904.02(h)
regarding the circumstances in which parenthetical
information may be removed from the identification in an application filed under §66(a)
by “no-call” examiner’s amendment.

## Nearby sections

- [TMEP § 1401.01 Statutory Authority](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.01.md)
- [TMEP § 1401.02 International Trademark Classification Adopted](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02.md)
- [TMEP § 1401.02(a) Headings of International Trademark Classes](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(a).md)
- [TMEP § 1401.02(b) Short Titles for International Trademark Classes](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(b).md)
- [TMEP § 1401.02(c) International Alphabetical List](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(c).md)
- [TMEP § 1401.03 Designation of Class](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03.md)
- [TMEP § 1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(a).md)
- [TMEP § 1401.03(b) Designation of Class by USPTO When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(b).md)
- [TMEP § 1401.03(c) Failure to Classify May Delay Action in Applications Under §§1 and 44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(c).md)
- [TMEP § 1401.03(d) Classification Determined by World Intellectual Property Organization in §66(a) Applications](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(d).md)
- [TMEP § 1401.04 Classification Determines Number of Fees](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04.md)
- [TMEP § 1401.04(a) Prior United States Classification System](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04(a).md)
- [TMEP § 1401.04(b) Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04(b).md)
- [TMEP § 1401.05 Criteria on Which International Classification Is Based](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.05.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1402.12. Check the current official text before relying on it. Not legal advice.
