As part of your trademark application, the USPTO requires that you list the specific goods and/or services that you are using, or will be using with the trademark you are attempting to register.
When you are currently using your trademark in commerce, your application will be a “use in commerce”, and you must list all of the goods and/or services that you are using your trademark on. If you are in good faith planning to use the trademark, your application will be a “bona fide intent to use the mark,” and you must list all of the goods and/or services that you intend to use your trademark on.
So what IS the difference between a good and a service?
A good is a product, like shoes, clothes, or hats. A service is an activity that is performed for the benefit of someone else, like personal trainers, information technology services, or advertising.
Goods and services are organized under 45 “international classes,” with classes 1~34 for goods, and the remaining 35~45 classes for services. See a list of the classes below.
001 Chemicals 002 Paints 003 Cosmetics and cleaning preparations 004 Lubricants and fuels 005 Pharmaceuticals 006 Metal goods 007 Machinery 008 Hand tools 009 Electrical and scientific apparatus 010 Medical apparatus 011 Environmental control apparatus 012 Vehicles 013 Firearms 014 Jewelry 015 Musical instruments 016 Paper goods and printed matter 017 Rubber goods 018 Leather goods 019 Non-metallic building materials 020 Furniture and articles not otherwise classified 021 Housewares and glass 022 Cordage and fibers | 023 Yarns and threads 024 Fabrics 025 Clothing 026 Fancy goods 027 Floor coverings 028 Toys and sporting goods 029 Meats and processed foods 030 Staple foods 031 Natural agricultural products 032 Light beverages 033 Wines and spirits 034 Smokers’ articles 035 Advertising and business 036 Insurance and financial 037 Building construction and repair 038 Telecommunication 039 Transportation and storage 040 Treatment of materials 041 Education and entertainment 042 Computer and scientific 043 Hotels and restaurants 044 Medical, beauty and agricultural 045 Personal and legal |
The goods and/or services that are listed on your application must be carefully thought out. Supporting evidence proving that you are actually using your trademark in the goods and/or services listed will be required in order to successfully process your application. In addition, if your selection of goods and/or services listed is too narrow, you may not broaden it after your application is filed. On the other hand, you may delete goods and/or services from your application at a later time.
The USPTO provides various resources to help search for your appropriate good and/or service. However, to ensure accuracy and to avoid potential problems incurred due to an inappropriate selection of goods and/or services in your application, legal assistance by an attorney is highly recommended. For additional questions please contact our firm at chungkimlaw@gmail.com or visit our website at www.chungkimlaw.com for additional information.