1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44
Generally, in applications under §1 or §44 of the Trademark Act, prior to their assignment to an examining attorney, the USPTO retains the class number designated by the applicant, in the absence of any information clearly contradicting that classification. If the examining attorney determines that the class designated by the applicant is incorrect, the examining attorney will require reclassification. See TMEP §1401.02(a) regarding classification of goods and services. If an identification is broad enough to encompass more than one class, the examining attorney will also require that the identification be amended to limit the goods or services to a single class. See In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007) (affirming decision that the examining attorney properly required amendment of the term "chronographs" in the identification of goods so that proper classification could be determined); see also TMEP §1402.01(a).