Trademark Identification Manual suggestions

Check the ID Manual before submitting your suggestion. Search the ID Manual using keywords and synonyms to determine if there are existing entries you could use to accurately identify your goods or services. For example, before submitting a suggestion for “pulmonologist services” in Class 44, consider searching the manual for related terms. For instance, a search for “medical services” would retrieve several entries, including “Medical services, namely, {specify the medical services that are being performed, e.g., in vitro fertilization, treatment of chronic pain, orthopedic surgery, etc.}” and “Medical services in the field of {specify, e.g., surgery, oncology, nephrology, etc.}.”

Consider whether an existing fill-in entry can be used. The ID Manual includes many entries with fill-in portions indicated by curly brackets, e.g., “Downloadable video recordings featuring {specify subject matter, e.g., music, self-improvement, mathematics instruction}.” When you select a fill-in entry in an application, the bracketed information will be replaced by a text box. Use the text box to insert the required information, tailored to your particular goods or services. For more information about fill-in entries, see TMEP Section 1402.04.

The goods or services in each suggestion must be classified in a single class. When submitting your suggestion, you don’t have to indicate the specific class for the goods or services. However, the proposed identification can’t be so broad that it encompasses goods or services in more than one class. If it does, it will be rejected. For information on how goods and services are classified, see TMEP Section 1401 and our Nice Agreement current edition version page.

The suggested identification must be specific, definite, clear, accurate, and concise. The wording used to identify the goods or services should be understandable to the average person. Lengthy descriptions of characteristics or uses aren’t usually accepted. For additional information, see TMEP Section 1402.01.

We carefully evaluate all suggestions to determine whether the suggested identification is appropriate for the ID Manual. Not all suggestions will be added. A suggestion will generally be rejected if the identification is:

• In more than one class. An identification must be limited to goods or services in a single class.
• Indefinite. All identifications in the ID Manual must comply with USPTO specificity requirements set forth in TMEP Section 1402.01.
• Covered by an existing fill-in entry. For example, the following types of goods and services are indefinite and require greater specificity; however, they are covered by existing fill-in entries. For more information, see TMEP Section 1402.04.

• A registered mark. As a general rule, identifications cannot include registered marks owned by third parties.
• A combination of several existing entries from the ID Manual. For example, the ID Manual contains individual entries for “pants,” “shorts,” and “socks.” A suggestion for a new entry for “pants, shorts, socks” will be rejected because it is merely a combination of existing entries.
• Not classifiable under the Nice Classification. Certain items and activities aren’t considered goods in trade or registrable services and can’t be classified. For example, “sales” is not classifiable under the Nice Classification; thus, a suggestion to add “Sales of {specify type of goods}” would be rejected. See TMEP Section 1402.11.
• Overly specific and not beneficial to other applicants. Generally, identifications in the ID Manual are intended to be useful for a wide variety of applicants. Thus, an overly detailed identification may not be added to the ID Manual.
• Kits, gift baskets, items sold as a unit, and systems. Identifications for kits, gift baskets, sets, items sold as a unit, and systems will generally not be added to the ID Manual. For more information regarding identification and classification of kits, gift baskets, and items sold as a unit, see TMEP Section 1401.05(a). For more information regarding identification and classification of systems, see TMEP Section 1401.05(d).
• Part of a pending trademark application. Contact the assigned trademark examining attorney for questions about any identification or classification requirements raised in an office action.  
• The subject of pending identification or classification policy changes. Suggestions may be rejected pending development of or changes to USPTO legal policy regarding particular goods or services.
• A type of goods or services that would require a lawful use in commerce inquiry. Suggestions may be rejected if the examining attorney would be required to ask for more information about lawful use in commerce under TMEP Section 907. Identifications in the ID Manual are intended to be acceptable without further inquiry.

Requests for legal advice. USPTO staff can’t give advice on which identification describes an applicant’s goods or services. They also can’t draft an identification for an applicant or other party. For legal advice, consider hiring a U.S.-licensed attorney.

Requests for information about identification policy. Only use this mailbox to submit suggestions of identifications for possible inclusion in the ID Manual. Don’t use it for general questions about identification or classification policy or for extended discussions about why a suggestion was rejected.

An identification for a pending application. Don’t use this mailbox to address issues raised by an examining attorney in an office action. If you have received an office action rejecting your identification, contact the examining attorney assigned to your application.

An identification that doesn’t relate to an application. All suggestions to the mailbox should be made in anticipation of filing a trademark application with the USPTO. Don’t submit a proposal solely for theoretical, academic, or research purposes.