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Can't add goods service after Trademark registration?

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  • Can't add goods service after Trademark registration?

    Looking at the site of the USPTO, they state:

    "You must list the specific goods/services for which registration is
    sought, regardless of the basis for the application...

    ....If based on use in commerce, you must already be using the mark in
    commerce on or in connection with all the goods and/or services
    listed.
    If based on intent to use and/or a foreign application or
    registration, you must have a bona fide intention to use the mark in
    commerce on or in connection with all the listed goods and/or
    services...

    Can I change the goods and/or services after filing my application?

    You can clarify or limit the goods and/or services. However, you may
    not expand or broaden the identification of goods and/or services
    after filing the application. "

    This sounds like once you list whatever products you plan to sell with
    a particular business, you're locked into this for all eternity, and
    can't add any products or services, yet companies do this all the
    time.

    Further regarding classifying your goods/services they indicate:

    "For a listing of classes, see International Schedule of Classes of
    Goods and Services."

    But further up they say:

    "Please note that the terms in the classification listing of goods and
    services in the "International Schedule of Classes of Goods and
    Services" are generally too broad and should not be used alone as an
    identification."

    "For a listing of classes, see International Schedule of Classes of
    Goods and Services."

    Can anyone provide insight into this?

    Thanks!

  • #2
    Can't add goods service after Trademark registration?

    HiC wrote:
    Looking at the site of the USPTO, they state:
    "You must list the specific goods/services for which registration is sought, regardless of the basis for the application...
    ...If based on use in commerce, you must already be using the mark in commerce on or in connection with all the goods and/or services listed. If based on intent to use and/or a foreign application or registration, you must have a bona fide intention to use the mark in commerce on or in connection with all the listed goods and/or services...
    Can I change the goods and/or services after filing my application?
    You can clarify or limit the goods and/or services. However, you may not expand or broaden the identification of goods and/or services after filing the application. "
    This sounds like once you list whatever products you plan to sell with a particular business, you're locked into this for all eternity, and can't add any products or services, yet companies do this all the time.
    Further regarding classifying your goods/services they indicate:
    "For a listing of classes, see International Schedule of Classes of Goods and Services."
    But further up they say:
    "Please note that the terms in the classification listing of goods and services in the "International Schedule of Classes of Goods and Services" are generally too broad and should not be used alone as an identification."
    "For a listing of classes, see International Schedule of Classes of Goods and Services."
    Can anyone provide insight into this?
    Thanks!

    As a non legal opinion, I would believe they are saying that if you want to
    add something later on down the road, you have to basically apply again and
    make the changes with the new application.

    A company that starts off selling primarily soap, applies with that in mind.
    A few years later, they add toilet paper. They now have to file a new
    application. Even though they are still selling "goods", the toilet paper
    was not in the agenda the first time around.

    As with a patent, if you want to extend the patent on a product, improve the
    product and reapply.
    Which is how Polaroid maintains their exclusiveness to their product.


    Comment


    • #3
      Can't add goods service after Trademark registration?

      HiC wrote:
      Looking at the site of the USPTO, they state: "You must list the specific goods/services for which registration is sought, regardless of the basis for the application... Can I change the goods and/or services after filing my application? You can clarify or limit the goods and/or services. However, you may not expand or broaden the identification of goods and/or services after filing the application. " This sounds like once you list whatever products you plan to sell with a particular business, you're locked into this for all eternity, and can't add any products or services, yet companies do this all the time.
      Do some thinking for a change.

      You file a NEW application, for the new classes. You have to pay another
      registration fee. Then you have another registration for the same mark in
      the new classes. (Presuming your next application is also approved.)

      --
      Paul Robinson "Above all else... We shall go on..."
      "...And continue!"
      "If the lessons of history teach us anything it is
      that nobody learns the lessons that history teaches us."


      Comment

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