1401.03(c) 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 USPTO’s Acceptable Identification of Goods and Services Manual (USPTO ID Manual). In an application under §1 or §44 of the Trademark Act, 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.
Applications filed using the TEAS Plus application must include correctly classified goods and/or services with an identification of goods/services taken directly from the USPTO ID Manual, available through the TEAS Plus form. See TMEP §819.01.