1613.09(a) Goods and/or Services Must Be Specified or Expressly Incorporated by Reference
Under 15 U.S.C. §1141k(b) and 37 C.F.R. §7.37(e)(1), the affidavit or declaration must specify the goods/services recited in the registration on or in connection with which the mark is in use in commerce, and/or the goods/services for which excusable nonuse is claimed. See TMEP §1613.10 regarding use in commerce and TMEP §1613.11 regarding excusable nonuse. The affidavit or declaration may incorporate by reference the identification set forth in the registration certificate (e.g., "all goods/services listed in the registration" or "all goods/services listed in the registration except... [specifying the goods/services not covered by the affidavit or declaration]"). Incorporation by reference is recommended to avoid inadvertent omissions.
If the holder is alleging use with respect to some of the goods/services and excusable nonuse for other goods/services, the holder must clearly indicate which goods/services are in use and which goods/services are not in use.