1402.04 Acceptable Identification of Goods and Services Manual
The USPTO maintains the Acceptable Identification of Goods and Services Manual (ID Manual) in electronic form. The ID Manual comprises a listing of identifications of goods and services that is compiled by the Office of the Administrator for Trademark Classification Policy and Practice and includes goods and services that are properly classified in accordance with the current edition of the Nice Classification. The ID Manual is updated periodically, and the listed entries are more extensive and specific than the Alphabetical List under the Nice Classification that is published by WIPO. The listing is not exhaustive, but is intended to serve as a guide to examining attorneys in acting on applications and to the public in preparing applications.
The ID Manual includes two types of entries: those that are acceptable as written and those with a fill-in feature. Fill-in entries use curly brackets to indicate the type of information an applicant must specify to render the identification acceptable. Curly brackets usually include wording such as "specify," "indicate," "etc." to convey the type of information required from an applicant and generally include examples of acceptable wording. If an applicant chooses to use a fill-in entry, the information requested within the curly brackets must be provided by the applicant as part of the identification; however, wording used to introduce examples of types of information within the curly brackets, such as "specify," "indicate," or "e.g.," and wording used to indicate other similar items or subjects, such as "etc.," must not be included in an identification because they are indefinite and only intended to provide guidance. Also, curly brackets must not be included in the identification. See TMEP §1402.12 regarding the use of brackets in an identification and TMEP §1402.01(a) regarding acceptable punctuation in an identification. An examining attorney will review all identifications and may require an amendment to any indefinite or unacceptable wording, including wording in fill-in entries.
Example – "Pharmaceutical preparations for {specify disease or condition to be prevented or treated or the health goal to be achieved}" is a fill-in entry. It is unacceptable verbatim because the indefinite wording within the curly brackets is not clarified. An acceptable identification replaces the curly brackets and wording within the curly brackets with definite information, for example, "Pharmaceutical preparations for treating diabetes."
Example – "Microbes for use in the manufacture of {indicate, e.g., probiotic supplements, etc.}" is a fill-in entry. "Microbes for use in the manufacture of, e.g., probiotic supplements" is unacceptable because it is indefinite. An acceptable identification replaces the curly brackets and wording within the curly brackets with definite information, for example, "Microbes for use in the manufacture of probiotic supplements and food for humans."
When a fill-in entry is selected in a TEAS application, the bracketed information will be replaced by a highlighted text box in which the applicant must insert the required information. In limited circumstances, additional fees may be required for the improper use of a fill-in entry for TEAS Plus applications. For more information regarding additional fees, see TMEP §819.01(g).
Although the ID Manual includes entries that are acceptable as written, the examining attorney may require an amendment to an otherwise definite identification in certain circumstances. See, e.g., TMEP §§1401.07 and 1203.02(e)(ii).
Using identification language from the ID Manual enables trademark owners to avoid objections by examining attorneys concerning indefinite identifications of goods or services; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified. Therefore, even if the identification is definite, examining attorneys may inquire as to whether the identification chosen accurately describes the applicant’s goods or services. See TMEP §1402.05 regarding accuracy of identifications.
No listing could include all possible identifications for the multitude of products and services for which marks may be registered. Therefore, a primary use of the ID Manual’s listings, in addition to indicating precise identifications that will be accepted, is to indicate by analogy and example the kinds of identifications that will be acceptable for products and services not covered by the existing listings.
Any identification of goods and services in the ID Manual that has a letter "T" in the TM5 column indicates that the identification is acceptable in the USPTO, the China National Intellectual Property Administration (CNIPA), the European Union Intellectual Property Office (EUIPO), the Japan Patent Office (JPO), and the Korean Intellectual Property Office (KIPO).
In a TEAS Plus application, the application must include correctly classified goods and/or services, with an identification of goods and/or services taken directly from the USPTO ID Manual, available through the TEAS Plus form. 37 C.F.R. §2.22(a)(8); TMEP §819.01(g). In a TEAS Standard application, the applicant may include correctly classified goods and/or services taken from the ID Manual or may create and enter a listing of recognizable goods and/or services. See TMEP §805 regarding listing particular goods or services in an application and designation of international class number(s) and TMEP §1402.02 regarding entitlement to a filing date with respect to the identification of goods and services.
The ID Manual can be viewed from the USPTO website at http://www.uspto.gov, and it is accessible from within TEAS.