Classification and Identification in Companion Applications that Have Registered or Been Published for Opposition

If a companion application has been published for

opposition or has registered, the examining attorney may presume that the

classification and identification of goods or services in the companion

application or registration are acceptable, unless the identification or

classification is clearly wrong.  If the examining attorney accepts the

classification and identification of goods or services because they were accepted

in a companion application or registration, the examining attorney must note the

companion application serial number or registration number in a Note to the File

(also referred to as a Public Note or Notation to File).

Sometimes, the classification and identification of

goods and/or services in the prior companion application or registration is

clearly wrong.  For example, identifications and class assignments that were

acceptable in the past may no longer be in accord with the current Nice Agreement

classification system (

see

TMEP

§§1401.02–1401.02(c)

) or with USPTO policy on acceptable

identifications, which change periodically.  In these cases, the examining

attorney cannot adopt the classification and identification listed in the

companion application or registration.

See

TMEP

§§1402.14

,

1904.02(c)(v)

.