904.01    Number of Specimens

One specimen for each class is required in an application for registration under §1(a) of the Trademark Act, or in an allegation of use in an application under §1(b).  If a single specimen supports multiple classes, the applicant should indicate which classes are supported by the specimen.  The examining attorney need not require multiple copies of the specimen.  The examining attorney should enter a Note to the File in the record indicating which class(es) the specimen supports.

904.01(a)    More than One Item Specified in a Class

Generally, if more than one item of goods, or more than one service, is specified in one class in an application, it is usually not necessary to have a specimen for each product or service.   When the range of items is wide or contains unrelated articles, the examining attorney may request additional specimen(s) under 37 C.F.R. §2.61(b).  

If the goods are a "full line of pharmaceuticals," however, the examining attorney must require the applicant to provide evidence that it uses the mark in connection with pharmaceuticals to treat diseases or health problems in all chapters in the World Health Organization ("WHO") International Statistical Classification of Diseases and Related Health Problems. See 37 C.F.R. §2.61(b).

See TMEP §1402.03 regarding broad identifications, TMEP §1402.03(b) regarding house marks, and TMEP §1402.03(c) regarding marks for "a full line of" a genre of products.

904.01(b)    Combined or Multiple-Class Applications

A combined or multiple-class application is a request to register the same mark for goods, services, and/or a collective membership organization in multiple classes in a single application.   See 37 C.F.R. §2.86(a),(b). In a multiple-class application filed under §1(a), an applicant must provide one specimen of the mark supporting each class.  37 C.F.R. §2.86(a)(3), (b)(3).  If a single specimen supports multiple classes, the applicant should indicate which classes are supported by the specimen.  The examining attorney need not require multiple copies of the specimen.  The examining attorney should enter a Note to the File in the record indicating which classes the specimen supports.

See TMEP §§1403-1403.06 regarding the requirements for and examination of multiple-class applications.