1402.11(a)(x) Online Publications
Online publications are non-downloadable publications provided via the internet. All online publications are classified in Class 41 regardless of the subject matter. The identification for online publications must indicate both the specific nature, e.g., magazines, newsletters, etc., and the subject matter of the online publication. An acceptable identification would be:
"Providing on-line publications in the nature of {indicate specific nature of publications} in the field of {indicate subject matter of publication}," in Class 41.
The examining attorney should verify from the specimens that the information is presented in a "publication" format. An online magazine in Class 41 must really look like and have the attributes of a magazine, i.e., contain monthly or periodic articles, sections, features, advertisements, credits, etc.
If an applicant in a §1 or §44 application identifies its goods and/or services as "publications, namely ...," and it becomes apparent during examination that the publications are non-downloadable online publications, the applicant may amend the identification to indicate that the services are providing online publications in Class 41, as the term "publications," without additional context, is broad enough to encompass, for example, printed, downloadable, and online publications. On the other hand, if the applicant identifies its goods as "printed publications...," the identification cannot be amended to "online publications," because this would exceed the scope of the original identification. See 37 C.F.R. §2.71(a); TMEP §1402.07(b).