Describing what you are selling or providing, or plan to sell or provide, in connection with your trademark, is an important part of the federal trademark application.
Before we begin, let’s consider three points.
The first thing to keep in mind is that you cannot expand the scope of your goods or services at a later stage.
For instance, let’s say I’m selling clothing, and I list my goods as “Clothing, namely, t-shirts and pants”. After I submit my application, I wouldn’t be allowed to then add “hats” to my application. That’s because “hats” is beyond the scope of what I initially applied for.
The big takeaway? You want to carefully consider your goods and services before you submit your application.
Also, the second thing to remember is that goods and services are organized into Classes.
Classes 1-34 refer to goods, like a hat or a car, and Classes 35-45 refer to services, like providing therapy services, or restaurant services. Each Class costs $350 in a Teas Standard application. So, you want to decide how many Classes you are willing to pay for.
Third, an important tip is to fully brainstorm your goods and services before you provide this information in the application.
So, jot down on a word document or piece of paper the goods and services associated with your applied-for trademark.
For instance, if I’m providing clothing, I might brainstorm, t-shirts, pants, socks, and pajamas.
So, how do I select goods and services in my application?
By searching the Trademark Identification Manual, also known as the ID Manual, you’ll be able to search for and select goods and services that are already approved by the USPTO. For instance, I can search “Pajamas” and then select “Pajamas” which is in Class 25.
Here, I could check the two boxes to include the two goods of t-shirts and graphic t-shirts.
In addition, the goods or services listed in the ID Manual sometimes require you to input additional information. For instance, I may see the following result on the ID Manual: Animal-assisted therapy for an indicated group or individual, e.g., at-risk children, veterans, senior citizens, etc. In that case, I have to describe the type of group or individual I’m providing the therapy to. For instance, I could type in “college students” if that’s the type of group I’m providing therapy to.
The second option is only available for people applying under Teas Standard, and not for those applying under Teas Plus. If you are applying under Teas Standard, you also have the option to choose “Entering free form text”. This means that you have the freedom to type in how YOU want to describe your goods and services.
For instance, let’s say I’m selling a machine that acts as a vacuum cleaner, lawn mower, and music stereo. This is clearly a unique good and I’m not going to be able to find it in the Trademark Identification Manual’s pre-approved language. In that case, I have the freedom to describe my good on my own, such as “Machine that operates as a vacuum cleaner, mowing machine, and music stereo”.
So, if you want the opportunity to fully describe your goods and services, the “Entering free form text” is a great option.
