1402.03(a) Inclusive Terminology
The identification should state common names for goods or services, be as complete and specific as possible, and avoid indefinite words and phrases. For example, the terms "including," "such as," "and similar goods," "and related goods," "products," "concepts," "like services" and other indefinite terms and phrases are almost always unacceptable. See also TMEP §1402.02 regarding entitlement to a filing date with regard to identifications.
The terms "etc.," "e.g.," and "and the like" must not be included in an identification because they are indefinite and fail to indicate a particular good or service. Such wording must not be used in an identification even if it appears as part of an explanatory clause following definite goods or services. For example, while "clothing, namely, socks, shorts, and t-shirts" is an acceptable identification in Class 25, the identification "clothing, namely, socks, shorts, and t-shirts made of cotton, etc." is indefinite due to the ambiguous wording "etc." The term "etc." may refer to the material composition of the goods or, alternatively, may indicate additional articles of clothing. Accordingly, terms such as "etc.," "e.g.," and "and the like" are inappropriate in an identification because they create ambiguity regarding the particular goods or services for which applicant uses or intends to use its mark.
Although the ID Manual includes fill-in entries that contain indefinite terms within brackets, such as "etc." or "e.g.," said wording must not be included in an identification because it is only intended to provide guidance regarding the use of the particular ID Manual fill-in entry. See TMEP §1402.04 for additional information regarding fill-in ID Manual entries.
The terms "namely," "consisting of," "particularly," "in particular," and "in the nature of" are definite and are preferred to set forth an identification that requires greater particularity. The examining attorney will require that vague terminology be replaced by these terms (e.g., power tools, namely, hammer drills in Class 7; needlepoint kits consisting of needles, thread, and printed patterns in Class 26; or projectors particularly projectors for the entertainment industry in Class 9). The goods or services listed after "namely," "in the nature of," or the like must further define the introductory wording that precedes "namely," "in the nature of," or the like using definite terms within the scope of the introductory wording. For example, "clothing, footwear, and headwear, namely, t-shirts" is indefinite because the wording after "namely" does not include a more specific type of headwear. It is also not clear whether the goods are solely comprised of t-shirts or consist of t-shirts, footwear, and headwear. For clarity, the applicant should separate "footwear" and "headwear" from the "namely" clause using semi-colons, e.g., clothing, namely, t-shirts; footwear; headwear."
While the term "parts" alone is indefinite as an identification of goods, the wording "and replacement parts therefor" or "and structural parts therefor" is acceptable when such wording follows a definite identification. Per the Nice General Remarks, "goods intended to form part of another product are in principle classified in the same class as that product only in cases where the same type of goods cannot normally be used for another purpose." See TMEP §1401.02(a). Thus, replacement and structural parts are classified together with the product of which they form a part. However, not every item used with a product constitutes a replacement or structural part. For example, batteries are classified in Class 9 under the Nice Classification regardless of the goods with which they are used. The wording "and parts therefor," as related to machinery, is acceptable when it follows a definite identification for machines in Class 7.
"Accessories" and "accessories therefor" are usually considered indefinite. However, the ID Manual includes certain entries for toy, game, or plaything "accessories" in Class 28 that have been deemed acceptable for identification and classification purposes, e.g., "doll accessories." The wording "and accessories therefor" is also acceptable following a definite identification for toys, games, and playthings in Class 28. For example, "dolls and accessories therefor" and "toy vehicles and accessories therefor" are acceptable identifications because all goods that fall within that broad designation of "accessories therefor" would be classified in Class 28 with the dolls or toy vehicles and could be the basis for a refusal of registration under 15 U.S.C. §1052(d).
If an international applicant under the Madrid Protocol identifies its goods as "parts," "fittings," or "accessories" without further specification, or includes the terms "and the like" or "etc.," the International Bureau is likely to issue a notice of irregularity requiring the applicant to clarify the goods. See TMEP §1902.02(f) for additional information regarding identifying goods and services in an international application.