1613.09(c) Failure to List All Goods and/or Services Recited in Registration
An affidavit or declaration that fails to list or incorporate by reference all the goods/services recited in the registration, and does not include a statement of intent to delete the omitted goods/services, is deficient. The Post Registration staff will issue an Office action requiring the party to either file a substitute or supplemental affidavit or declaration that the mark was in use in commerce on or in connection with the omitted goods/services or state that the omitted goods/services should be deleted.
If the holder files a substitute or supplemental affidavit or declaration adding the omitted goods/services, the holder must verify that the mark was in use in commerce on or in connection with the goods/services during the relevant filing period specified in §71 of the Act, 15 U.S.C. §1141k. This substitute affidavit or declaration may be filed before expiration of the relevant deadline set forth in §71 of the Act for no fee, or after expiration of the deadline set forth in §71 of the Act with the deficiency surcharge required by §71(c) of the Act. See TMEP §§1613.17 et seq. for information about the procedures, deadlines, and surcharge for correcting deficiencies.
If the holder does not file a substitute or supplemental affidavit or declaration that the mark was in use in commerce on or in connection with the omitted goods/services within the period for response to the Office action ( see TMEP §1613.16 ), the omitted goods/services will be deleted from the registration.