Identification of Goods and Services

The identification of goods and/or services must be specific, definite, clear, accurate, and concise. TMEP 1402.01.

Getting the identification correct at application saves time. If some of the wording in the identification of services is indefinite, a trademark examiner may require changes to the identification. An applicant is generally asked to amend wording to specify the common commercial or generic name for the services.  If there is no common commercial or generic name for the services, then the applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).   

An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq. Narrowing the identification to be more definite may result in a more narrow scope of protection than if the identification was correct to begin with. In some circumstances,  for example in broad classes like IC 35 for advertising and business or IC 45 for personal and legal services, being too broad can lead to more conflicts with already registered or pending trademarks.


The USPTO has a Manual of  Acceptable Identification of Goods and Services. Creating and Verifying the correct description of goods and services is part of a Not Just Patents verification service.


Representations of identified goods and services are material to the USPTO’s decision to issue a registration and if the information is incorrect, it may be fraud on the USPTO, a cause to have a registration canceled. Hachette Filipacchi Presse v. Elle Belle LLC, 85 U.S.P.Q.2d 1090 (TTAB 2007).

An application for registration can be amended by narrowing the scope up until time of publishing. New matter cannot be added after application, amendments which materially alter the mark are prohibited. Misidentification of goods and services is a common issue in trademark rejections.


Additional notes on identification of goods and services

Note: TMEP 1402.06: Section 7(c) of the Trademark Act, 15 U.S.C. §1057(c), provides that filing an application for registration on the Principal Register establishes constructive use and nationwide priority, contingent on issuance of the registration (see TMEP §201.02). Therefore, the identification of goods and/or services in an application defines the scope of those rights established by the filing of an application for registration on the Principal Register.

Note: If an applicant claims use or asserts a bona fide intention to use the mark on all goods/services in a particular class but only uses or intends to use the mark on some of those goods/services, the registration that results could be void. In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009); Torres v. Cantine Torresella S.r.l., 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986).


Trademark owners should be aware that the right to register with the USPTO is determined by both the application and the mark, not just the mark being registered. A proper identification of goods and services is a vital part of the application. Many  trademark refusals can be avoided or overcome by using Not Just Patents ® Trademark Services. Not Just Patents does not just simply zoom through filling out an application and submit it--your legal rights are at stake! We do the homework to get it right.


SEARCHING THE TRADEMARK ID MANUAL [Before Applying]

From http://www.uspto.gov/trademarks/resources/IDManual_Help.jsp


To perform the broadest search of the ID Manual, enter the desired search term in the “Enter Search Terms” box on the ID Manual Main Page.  The “Choose Field” box defaults to the “Basic Fields” search option, which searches across several fields of data simultaneously. [Note: These are the instructions for searching  the USPTO web site ID manual outside of a trademark application. During the process of applying online, the search functions differently.]



EXPLANATION OF ID MANUAL MAIN PAGE FEATURES

EXPLANATION OF SEARCH FIELDS

HOW TO FILTER SEARCH RESULTS

FILTERING SEARCH RESULTS USING THE CHECKBOXES

FILTERING SEARCH RESULTS USING THE CHOOSE FIELD SEARCH OPTIONS

HOW TO USE BOOLEAN OPERATORS TO CONDUCT A SEARCH

HOW TO USE TRUNCATION TO CONDUCT A SEARCH

EXPLANATION OF "SUBMIT QUERY" AND "RESET" BUTTONS

EXPLANATION OF “REFINE SEARCH” BOX AND “RETURN TO TOP TO REFINE SEARCH” LINK

EXPLANATION OF SEARCH RESULTS HIT LIST AND COLUMN HEADINGS

COPYING, PRINTING, AND EXPORTING USING INTERNET EXPLORER®

GLOSSARY


EXPLANATION OF ID MANUAL MAIN PAGE FEATURES


The ID Manual is available on the USPTO’s website.  Upon arriving at the specific ID Manual web page, the ID Manual will load and display the “Main Page” which includes the “Search Area” where a search may be conducted.


The Search Area contains two data entry boxes - one with a pull down feature to select the search field and the other to enter the search query. A “Submit Query” button and a “Reset” button appear below these two boxes.  For more information about these buttons, see Explanation of “Submit Query” and “Reset Buttons.”


Above the Search Area, you will see several links.  The “Searching the ID Manual” link is used to access information on using the search features of the ID Manual.  The “Guidance for Users” link provides access to a variety of topics relating to the ID Manual structure and about identifying or classifying goods and services.  The “Browse Entire Content” link provides access to alphabetical listings of all goods and services in the ID Manual.  A link is also provided for suggesting additions to the ID Manual.


Immediately below the search field and search query boxes are several small checkboxes.  When searching using the “Basic Fields” search option, these checkboxes can be used to filter and limit search results to entries with a particular status.  For further information about the checkboxes, see How to Filter Search Results Using the Checkboxes below.


Below the Search Area, a table lists the seven search fields in which searches may be conducted, their field codes, and an example of a search statement for each search field.  Each of the search fields is explained in detail in the Explanation of Search Fields section below.


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EXPLANATION OF SEARCH FIELDS


The ID Manual is available on the USPTO’s website.  Upon arriving at the specific ID Manual web page, the ID Manual will load and display the “Main Page.”  Below the introductory paragraphs is the Search Area which includes a “Choose Field” box with a pull-down menu.  You can use the selection arrow to choose a specific field in which to conduct your search.   Search fields are used to conduct searches using different search parameters, such as searching by a particular international class number.   Explanations of the available search fields are provided below.


If you do not make a selection from the pull-down menu, the “Basic Fields” search option will be automatically selected as the search field.  The “Basic Fields” search option will conduct a search of the desired terms in all of the available search fields except for the Note field.  A search using the “Basic Fields” search option will search the following fields simultaneously:  IC (Class), GS (Goods/Services (G/S)), ED (Effective Date (YYYYMMDD)), DE (Description), TL (TM5), and ST (Status (A/D/M/X)).  Thus, a search using the “Basic Fields” search option is the broadest available search without resorting to use of field codes.  The search results will be the compilation of results found if the IC, GS, ED, DE, TL, and ST search fields had been individually searched. Additional information about each of these search fields is provided below.   


BASIC FIELDS searches for all entries in which the search term appears in any of the six basic table fields (IC, GS, ED, DE, TL, and ST). Basic Fields permits you to build search queries that access other available search fields in a single search.  For example, a search for X with the Basic Fields selected will retrieve entries such as “X-Ray” and “X-Y plotters” (with X in the description [DE] field) and all entries with the status [ST] of “X.”  By tagging search terms with the appropriate field tag and utilizing Boolean Operators, you are able to search across multiple fields when using the Basic Fields selection.


Descriptive term: A search in the Basic Fields search field for a term will retrieve all records containing that term in the Description field.


For example, a search for computer will retrieve all records containing computer or computers, such as “Computer monitors,” “Backup drives for computers,” “Computer hardware and software design,” and “Computer programming.”


A search of the letter X will retrieve all records containing the letter X, such as “Unexposed X-ray film” and “Barium for X-ray use” as well as entries with the status “X,” such as “Rotary steam presses, portable, for fabrics.”


The system automatically searches for the plural or singular form of the search term. A possessive is treated as a plural form.


A search for book retrieves all records containing book and books. A search for books finds all records containing books and book.


A search for glass finds all records containing glass and glasses. A search for glasses finds all records containing glasses and glass.


The system also searches for special plural forms such as knives and mice. The rules are the same as those applied in the X-Search or TESS application. For a full explanation, see the “Online Help” link in X-Search or “Help” link in TESS.


CAUTION:  The system does not search for alternative spellings of many terms.  The system may return different search results for compound words searched with a space between the terms and compound words searched without a space between the terms.  For example, a search of tooth paste will not retrieve entries containing “toothpaste” as one word.   A search of corkboard will retrieve entries for “Corkboards” and “Corkboard pins” but a search of cork board does not retrieve either of those entries.


CAUTION: A search query may contain an apostrophe or hyphen within the searched terms or quotation marks around the searched terms.  For example, a search of baker’s will retrieve entries such as “Baker’s racks.”  However, other punctuation (e.g., commas, semicolons, colons, etc.) should not be used in the search field.


Class numbers: A search in the Basic Fields search option for a class number retrieves all goods and services in that class.


For example, a search for 012 retrieves all goods in International Class 12.  


The class number must be entered in three (3) digits; quotation marks may be used around the three numbers but are not required.  


A class number may be combined with a descriptive term using BOOLEAN OPERATORS.  For example, a search for golf and 012 (for the class) will find goods in International Class 12 in which golf is a part of the identification such as “Motorized golf carts.”


With the Basic Fields search option selected, you may conduct a more complex search by entering the appropriate search terms, field tags, and Boolean operators.


For example, a search for (automobile[DE] and s[GS]) not 037[IC] retrieves entries for services concerning automobiles other than the repair-type services in International Class 37.  CAUTION: Only entries for services with the term “automobile” will be retrieved.  Services with the term “vehicle” or “automotive” will not appear in the result set.  


GOODS/SERVICES (G/S) allows a search for the type of entry by using “G” to retrieve entries for goods or “S” to retrieve entries for services.


For example, a search for “S” retrieves all Services entries.  A search for “G” retrieves all Goods entries.


A search using the Basic Fields search field for computer$ and G[GS] retrieves all goods entries that include the word computer, e.g., computer keyboards, computer peripherals, etc.


A search using the Basic Fields search field for computer and S[GS] retrieves all services entries containing the word computer, e.g., computer programming, repair of computer hardware, etc.   However, the results will not include “Consulting services in the field of cloud computing” as the term computing is different than computer.  TIP: Use the truncation operator $ to retrieve more results; a search for comput$ and s[gs] will retrieve services with computer, computing, computational, etc.   See How to Use Truncation to Conduct a Search for additional information.


CLASS searches for all goods in a particular International Class.


The class number must be entered as three digits, e.g., "007."  Quotation marks may be included around the class number but are not required.  The system will automatically insert the quotation marks when the search is conducted.


DESCRIPTION searches for goods and services containing the searched term(s) as part of the entry.


For example, a search for computer retrieves all goods and services containing computer or computers.


A search for computer and program retrieves all goods and services containing computer(s) and program(s).  Without quotation marks, the term and is a connector term and is not found as a term in a result.


When quotation marks are used in a search, the terms between the quotation marks must appear in the exact order presented in order for a result to be considered a match.  Use of quotation marks is a method of refined searching that will limit results significantly.


For example, a search for “promoting public awareness” retrieves only entries in which those three terms appear in that order.  The results would not include entries that contain each of the terms but not in the order entered.


STATUS (A/D/M/X) searches for an entry has been ADDED, DELETED or MODIFIED or is an EXAMPLE, respectively.


EFFECTIVE DATE (YYYYMMDD) searches for an entry that was added, deleted, modified, or was added as an example on a particular date. A specific date must be entered as a four digit year, two digit month, and two digit day (YYYYMMDD).


For example, a search for 20130530 would return any identification with an effective date of May 30, 2013.


NOTE searches for a term that appears in a note for a particular entry.


For example, a search for metal retrieves all entries with notes containing the word metal or metals.    


For more information about notes, see Explanation of Search Results Hit List and Column Headings below.


TM5 searches for identifications that have been accepted by the USPTO and international partners to the TM5 Trademark Identifications and Classifications Project (formerly known as “Trilateral”).  The single letter “T” indicates an entry is an acceptable entry to all international partners.  A search of any other term in this field will not retrieve any results.


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HOW TO FILTER SEARCH RESULTS


ID Manual search results may be filtered by either (1) using the checkboxes when searching the Basic Fields search field OR (2) using the “Choose Field” pull-down menu.  The checkboxes and pull-down menu are located by the Search Area of the ID Manual Main Page.  When searching in any search field other than the Basic Fields, all status checkboxes must be unchecked.  For further information on using these search options, see How to Filter Search Results Using the Checkboxes and How to Filter Search Results Using the Choose Field Search Options.


 CAUTION: When search results are retrieved, a box captioned “Refine Search” appears above the hit list of search results.  This box is used to start a new search of all records using the “Basic Fields” search fields.  A search conducted using the Refine Search box will not limit any further the search results obtained by the previous search.  For example, if an initial search was conducted of boxes, a search conducted using the Refine Search box for hat will retrieve entries including the word hat(s) in the description and will not include entries containing box(es) unless the entries also include the word hat(s).   For further explanation, see Explanation of “Refine Search” Box and “Return to Top to Refine Search” Link.


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FILTERING SEARCH RESULTS USING THE CHECKBOXES


ID Manual users may filter search results according to the status of the result entries when using the Basic Fields search option.   CAUTION: The status checkboxes should only be used for searches conducted using the Basic Fields search option.  When searching in any search field other than the Basic Fields, all checkboxes must be unchecked.  A search conducted using a search field other than the Basic Fields will yield no search results if the checkboxes are checked.


A search using the Basic Fields search option will search the basic table fields - IC (Class), GS (Goods/Services (G/S)), ED (Effective Date (YYYYMMDD)), DE (Description), TL (TM5), and ST (Status (A/D/M/X)).  Searches conducted using the Basic Fields search option may be further refined by checking the appropriate checkboxes to return entries with a particular status (“A” (Added), “M” (Modified), “D” (Deleted), and/or “X” (Examples)).   For more information about the status of an entry, see Explanation of Search Results Hit List and Column Headings below.


For initial searches, the checkboxes are located below the “Choose Field” and “Enter Search Terms” boxes on the Main Page.  Once a search has been conducted, the checkboxes are located below the “Refine Search” box at the top of the search results page.  


To include a particular status in the search results, check the box next to the desired status by placing the cursor on the box and clicking with the left side of the mouse.  To exclude a particular status from the search results, ensure that the box next to that status is unchecked.  Multiple boxes may be checked.  The “Added,” “Modified” and “Examples” statuses are checked by default.


CAUTION:   When conducting searches in the Basic Fields search field, if all of the status checkboxes are not selected, a search using the Boolean Operator OR must be surrounded by parentheses for accurate status filtering.  Without parentheses, the selected status limitation(s) will not apply to all of the searched terms.


For example, a search in the Basic Fields search field of car OR truck with all checkboxes selected will return entries that include the terms car(s) or truck(s) with all four selected statuses.  However, when selecting only one, two, or three of the checkbox options, parentheses must surround the searched terms (e.g., (car OR truck)) for the status limitation to be applied to all terms.  If parentheses are not used, the status filtering will operate only with respect to the term(s) after the last instance of the word OR.  For example, a search of (car or truck or bicycle) with the D-Deleted box unchecked will not return any deleted entries; however, a search of car or truck or bicycle with the D-Deleted box unchecked will return the deleted entries “Truck stops” and “Car clubs.”  Parentheses must surround all search terms separated by OR (e.g. (car OR truck), (men OR women OR children), (ship$ OR $plane OR vessel)).


Parentheses may also be used to combine searches with multiple Boolean Operators for more precise search results.  For example, a search of (men$ OR women$ OR child$) and (cloth$ or apparel$) will return results including “Children's cloth eating bibs,” “Women's clothing, namely, shirts, dresses, skirts, blouses,” and “Mending of clothing.”  A search of (men$ OR women$ OR child$) and (cloth$ or apparel$) not S will return entries for goods which include terms beginning with men, women, or child and which also include terms beginning with cloth or apparel, such as “Children's cloth eating bibs” and “Women's clothing, namely, shirts, dresses, skirts, blouses.”


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FILTERING SEARCH RESULTS USING THE CHOOSE FIELD SEARCH OPTIONS


The “Choose Field” box in the Search Area of the Main Page includes a pull-down menu from which the search field may be selected.


The default search field is the Basic Fields search option.  A search using the Basic Fields search option will search the basic table fields - IC (Class), GS (Goods/Services (G/S)), ED (Effective Date (YYYYMMDD)), DE (Description), TL (TM5), and ST (Status (A/D/M/X)).  The Basic Fields search results may be further limited according to the Status of the entry (“A,” “M,” “D,” and/or “X”) by using checkboxes.  For more information, see How to Filter Search Results Using the Checkboxes above.


As an alternative to filtering search results in the Basic Fields search option according to the status of an entry, a search may be limited by choosing a particular search field from the pull-down menu of the “Choose Field” box.  For an explanation of the different search fields, see Explanation of Search Fields.  CAUTION:  When searching in any search field other than the Basic Fields search field, all status checkboxes should be unchecked.  If a particular search field other than the default Basic Fields search option is selected form the pull-down menu, the system will only search for the query term in that particular field and cannot include searches for terms in other fields.


For example, if the “Description” search field is selected, a search of “web site” and d[st] would not retrieve any results on an initial search.


The initial search strategy that is limited to a field other than the Basic Fields search option cannot be combined with searches for terms in other fields.  To search for terms in other fields, the “Refine Search” feature must be used after an initial search is conducted.  


For example, if the “Description” search field is selected on the Main Page, a search for “web site” will return all entries containing web site or web sites.  Once the initial hit list is retrieved, the “Refine Search” box may be used to add terms in other fields.  A search using the “Refine Search” box of “web site” and D will return all deleted (D) entries containing the wording web site(s).  


Once an initial search is conducted using a particular search field other than Basic Fields, the “Refine Search” box may be used to filter search results by class ([IC]), effective date ([ED]), status ([ST]), type ([GS]), or TM5 status ([TL]).  To further refine search results by searching for a term within the Note field, the field code “[NT]” must be added to the end of the refining term.


For example, if the “Description” search field is selected on the Main Page, a search for “web site” will return all entries containing web site or web sites.  Once the search results are returned, a subsequent search using the “Refine Search” box of “web site” and web[nt] will return entries containing the wording web site(s) in the description which have notes that include the wording web(s).


The “Refine Search” feature defaults to the Basic Fields search option.  The Basic Fields search option includes all fields except for the Note field.  As the “Note” field is not searched in the Basic Fields, the field code “[NT]” must be included after the relevant search term to refine a search within the Note field even if the term was initially limited to a search in the “Note” field.


For example, an initial search using the “Note” search field for the term “Nice Alphabetical” can be further refined by class once the results of the initial search are returned.  To further refine the search to retrieve entries with notes containing the terms Alphabetical List in International Class 6, the search should be amended in the “Refine Search” box to “Alphabetical List“[NT] and 006.  Note that the field code [IC] is not required since IC is a field included in the Basic Fields search field.  However, the field code [NT] is required since it is not a part of the Basic Fields search option and the Basic Fields search option is the default used to refine searches.


In order to use the “Choose Field” option after obtaining results, return to the ID Manual Main Page by clicking the hyperlink at the bottom of the results page or by navigating “back” using web browser buttons.


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HOW TO USE BOOLEAN OPERATORS TO CONDUCT A SEARCH


AND, &, space


The AND operator may be  1) a single space, 2) the ampersand (&), or 3) the word and. For example, the three queries below would find the same information:


Golf Clubs


Golf & Clubs


Golf and Clubs


The AND, &, or single space search operators require that both words on either side of the operator appear in the same record. If only one of the words is found in a record, the record is not a hit. For example, a search for golf and clubs finds all records which contain both golf(s) and club(s). If a record contains golf(s) but not club(s), then the record is not a hit. Similarly, if a record contains club(s) but not golf(s), then the record is not a hit.


A search of “and” in quotation marks will find entries with the term “and” in the description.  For example, a search of “and cheese” will find “Macaroni and cheese” and “Cracker and cheese combinations.”   


The AND operator (and, &, or single space) may be used with words (e.g., car), letters (e.g., A, T), and/or numbers (e.g., 001, 20040704) to create searches.  For example, a search of shirt and G and M will retrieve descriptions for goods which contain the term shirt(s) with a status of M (modified).   


OR


The only OR operator is the word or.


The OR search operator requires that at least one of the terms on either side of the operator appears in a record.


For example, a search for golf or clubs finds all records which contain golf(s) or which contain club(s) or which contain both golf(s) and club(s). If a record contains neither golf(s) or club(s), then the record is not a hit.


The OR operator may be used with words (e.g., cat or dog), letters (e.g., T or S), and/or numbers (e.g., 010 or 19910402) to create searches.  For example, a search of 010 or medical will retrieve all entries in International Class 10 and all entries in any class of goods or services which include the term medical, such as “Urgent medical care centers” and “Camphor for medical purposes.”


CAUTION:   When conducting searches in the Basic Fields search field, if all of the status checkboxes are not selected, a search using the Boolean Operator OR must be surrounded by parentheses for accurate status filtering.  Without parentheses, the selected status limitation(s) will not apply to all of the searched terms.


For example, a search in the Basic Fields search field of car OR truck with all checkboxes selected will return entries that include the terms car(s) or truck(s) with all four selected statuses.  However, when selecting only one, two, or three of the checkbox options, parentheses must surround the searched terms (e.g., (car OR truck)) for the status limitation to be applied to all terms.  If parentheses are not used, the status filtering will operate only with respect to the term(s) after the last instance of the word OR.  For example, a search of (car or truck or bicycle) with the D-Deleted box unchecked will not return any deleted entries; however, a search of car or truck or bicycle with the D-Deleted box unchecked will return the deleted entries “Truck stops” and “Car clubs.”  Parentheses must surround all search terms separated by OR (e.g. (car OR truck), (men OR women OR children), (ship$ OR $plane OR vessel)).


Parentheses may also be used to combine searches with multiple Boolean Operators for more precise search results.  For example, a search of (men$ OR women$ OR child$) and (cloth$ or apparel$) will return results including “Children's cloth eating bibs,” “Women's clothing, namely, shirts, dresses, skirts, blouses,” and “Mending of clothing.”  A search of (men$ OR women$ OR child$) and (cloth$ or apparel$) not S will return entries for goods which include terms beginning with men, women, or child and which also include terms beginning with cloth or apparel, such as “Children's cloth eating bibs” and “Women's clothing, namely, shirts, dresses, skirts, blouses.”


NOT


The NOT operator is the word not. The caret (^) symbol is not functional in the ID Manual.


The NOT operator may be used between two words, letters or numbers. This operator will find all records containing the first term but which do not contain the second. For example, a search for golf not clubs finds all records which contain golf(s) and which do not contain club(s).


The NOT operator excludes records containing the term following the operator. It requires that the term following the operator not be in a record for that record to be counted as a hit.


For example, a search for not golf finds all records which do not have golf. If a record contains golf, then the record is not a hit.


A search for golf not clubs retrieves all records containing golf or golfs, but not clubs.


A search for golf not "028" retrieves all records in which the word golf or golfs appear, except for those in International Class 28.


XOR (Exclusive Or)


The XOR (exclusive or) operator is the letters xor. The tilde (~) symbol is not operational in the ID Manual.


XOR requires that one of the terms on either side of the operator appears in a record, but not both.


For example, golf xor clubs finds all records which contain golf(s) but not club(s) and all those records which contain club(s) but not golf(s). If a record contains both golf(s) and club(s), then the record is not a hit.   A search for toy xor 028 finds all records which contain toy(s) but not in International Class 28 and all those records in International Class 28 that do not contain the term toy(s).


Multiple Search Operators


More than one search operator may be used to perform a search.  When performing a search with multiple search operators, parentheses should be used to surround terms which are connected by operators for further limitation by a subsequent operator.


For example, a search of (golf and club) not 028 finds records which include both the word golf(s) and the word club(s) in all classes except for International Class 28.


A search of (tennis or racket) and 028 finds all records in International Class 28 with either the term tennis or racket(s).


A search of ((web and site) or website) and 042 and M finds records with a M (modified) status in International Class 42 which include the terms website(s) or web site(s).


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HOW TO USE TRUNCATION TO CONDUCT A SEARCH


Truncation


The system uses the BRS search engine dollar sign $ to signify an unlimited number of additional characters in the search for a term root.  The dollar sign can be used at the beginning, the end, or any position within a searched term.


For example, a search for consult$ will retrieve entries with consultation(s), consultant(s), consultancy, consulting, etc.  A search of $wear will retrieve entries such as eyewear, footwear, headwear, rental of formal wear, etc.  A search for non$metallic will retrieve entries with nonmetallic and non-metallic.  A search for non$metal$ will retrieve entries with nonmetal, non-metal, nonmetallic and non-metallic.    


CAUTION:  Using the truncation symbol $ before or after too few letters can result in overly broad search results.  For example, a search of flo$ will return search results that include a wide variety of goods and services, such as flour, artificial flowers, flotation vests and rental of dance floors.  Inserting additional letters before or after the truncation symbol and/or combining truncated root terms with other search criteria (e.g. flo$ and 030) may be helpful in returning more relevant goods/services entries.  


Truncation may be used in searches that contain BOOLEAN OPERATORS.  For example, a search of web$ and design$ will retrieve entries for goods and services which include terms with the first three letters web (such as webpage(s) or website(s)) and also include terms that begin with design (e.g., design(s) or designing), such as  “Computer website design” and “Consultancy with regard to webpage design.”


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EXPLANATION OF "SUBMIT QUERY" AND "RESET" BUTTONS


"Submit Query” Button


The “Submit Query” button is located on the main search page and above the retrieved entries hit list on a results page.  The “Submit Query” button initiates the search of the query item(s).  A search can also be initiated by pressing the “Enter” key on the keyboard.


 “Reset” Button


The “Reset” button located on the main search page clears the search query box.  The content of the search query box may also be deleted using the “Delete” or “Backspace” keys on the keyboard.


 

EXPLANATION OF “REFINE SEARCH” BOX AND “RETURN TO TOP TO REFINE SEARCH” LINK


“Refine Search” Box


When the initial search retrieves a hit list of search results, a box above the hit list allows you to refine your search. The initial query is displayed in the box and this can either be changed or deleted to initiate a new query. CAUTION:  The resultant search is conducted in the entire database and not just within the list of the prior results.


Below the Refine Search box are four small checkboxes which allow you to return results according to the status of the entry.  For more information about use of the checkboxes see How to Filter Search Results Using the Checkboxes above.  


“Return to Top to Refine Search” link


The “Return to Top to Refine Search” link at the bottom of the hit list will return the user to the Refine Search box at the top of the hit list.



EXPLANATION OF SEARCH RESULTS HIT LIST AND COLUMN HEADINGS


ID Manual search results are provided in a “hit list” of the entries which contain the searched word, number, letter and/or date.  The hit list is comprised of a table with separate columns which are labeled at the top.    All goods and/or services are returned in order of International Class and are listed in alphabetical order within each class.


HIT NO. The search results are numbered in the “Hit No.” column of the hit list.  However, the “Hit No.” has no legal significance and should not be included in the identification of goods or services.  This number is generated based on the particular search criteria used and does not correlate to the entry apart from the results for that particular search.


CLASS  The “Class” column indicates the international class assigned to a particular goods or service.  For more information about the classification of goods and/or services, see TMEP §1401 et. seq.   


DESCRIPTION  The “Description” column indicates the acceptable identification of goods or services retrieved from the user’s search of the ID Manual.


STATUS The “Status” column of the ID Manual includes a letter, “A,” “M,” “D,” or “X,” which indicates the status of that particular entry.


Entries with a status of “A,” “M,” or “X” are active entries which are acceptable in the class specified.


The letter “A” is used to indicate that the entry was added to the ID Manual.  “A” entries are acceptable identifications which have not been subsequently modified.


The letter “M” is used to indicate an acceptable entry which has been modified since originally entered into the ID Manual.  “M” entries are generally accompanied by a note which explains the reason for the modification. For example, if a particular good or service was reclassified, the entry for that good or service would include the letter “M” and a note explaining the reason for the reclassification.


The letter “X” indicates an entry that is an example of an acceptable identification of goods or services.  These entries often include more detail than is required for an acceptable identification.  Thus, while the identification may be used by an applicant, the identification is often not beneficial to a wide range of applicants and generally does not provide guidance about general identification principles.   As noted in TMEP §1402.01, identifications which include lengthy descriptions of characteristics of goods and services are generally inappropriate.


The letter “D” indicates an entry that has been deleted from the ID Manual as of the indicated effective date.  These entries are generally accompanied by a Note which provides the reason for deleting the entry. “D” entries are generally not acceptable under USPTO ID Policy, but you should read the Note to verify whether or not a particular entry is acceptable.   


EFFECTIVE DATE  The “Effective Date” column sets forth the date on which the status (i.e., Added, Modified,  Deleted, or Examples) of a particular entry went into effect.


TYPE  The “Type” column includes the letter “G” to indicate that the description refers to goods or the letter “S” to indicate that the description refers to services.  See TMEP §1301.01 for an explanation of what is a service under the Trademark Act.


NOTE If a note is available for a particular identification, the letter "Y" will be displayed in the Note column of the search results page. Perform a single left mouse click over the letter "Y" to view the note. Use the left arrow button of the internet browser to return to the search results page. If a note is not available, the letter “N” will appear in the Note column.


The link labeled "All Notes" located on the main search page will display all entries with notes in alphabetical order.


TM5  The “TM5” column will include the letter “T” if an identification has been accepted by the USPTO and international partners to the TM5 Trademark Identifications and Classifications Project (formerly known as “Trilateral”). For more information about the “T” designation, see TMEP §1402.04.   


The “Return to ID Manual Main Page” link located below the search result hit list is used to return to the initial search query page.


The “Return to Top to Refine Search” link located below the search result hit list is used to return to the top of the page.


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COPYING, PRINTING, AND EXPORTING USING INTERNET EXPLORER®


The following instructions pertain to copying, printing and exporting from the ID Manual using INTERNET EXPLORER® browser software.  For other browsers, please consult the help tools associated with the browser for further guidance on copying, printing or exporting data.


Copying


The list of goods and services retrieved from a search are displayed in a list in table format referred to as the hit list. Each good or service listed on the hit list is referred to as a document. As noted above, seven data elements are displayed for each document immediately following a Hit No. assigned based on the results for that search at the time it was conducted.  Any data from the hit list may be selected for copying.  To select data for copying, press the left button of the mouse while moving the cursor over the desired data.  To copy the data thus selected, (1) successively press the Ctrl key and keyboard letter C, or (2) click Copy on the Edit menu, or (3) click the left mouse button to call up a shortcut menu, then click on Copy at the bottom of the menu, or enter C on the keyboard.  When the desired data has been selected and copied to the clipboard, the data can be transferred, or pasted, to a document in another application .


To paste the copied data, (1) select the desired option from the Paste Options menus from the shortcut menu by clicking on the right side button of the mouse, or (2) select the Paste tool on the Home tab toolbar, or (3) use the Ctrl and V keys.


The Description Field of an entry containing multiple lines may be highlighted and copied without inclusion of the Date, Status, and Type. However, multiple entries cannot be copied without the inclusion of the date, status, and type of the previous entries.


If more than one document is copied, each document will be pasted on a different line in the target location.  Print tool and commands associated with the results screen can be used to copy the entire set of results to another document or message as they appear on the hit list screen.


For an alternative method of creating a list of results that you can share, see the Exporting section below.


Printing


A hit list shows all search results on a single screen. However, approximately 25 lines may be printed on one letter sized sheet. For example, if a search retrieves 100 hits, then all of the results will be printed on about four pages.


A hit list may be reduced in size by reformulating the search to narrow the documents retrieved. For example, if the original search retrieved documents for goods and services, and the user seeks results only for goods, then a refined search may reduce the number of documents retrieved, thereby reducing the number of documents to be printed.


Alternatively, the desired data can be copied and pasted to another application, such as a word processing document or e-mail message, where the results can be edited to include only the desired entries or parts of documents.


The hit list can printed in the display format, as with most web pages, by three methods.


To print all entries on a hit list, use the mouse to select File on the Menu bar and then Print. If the default setting for printer, page range, and number of copies are accepted, simply hit Enter or press the “Print” button to initiate printing.


To use the keyboard, use the Ctrl and P keys to invoke the Print dialog box. Again, if the default setting for printer, page range, and number of copies are accepted, simply hit Enter or press the “Print” button to initiate printing. All entries on the hit list will be printed.


A portion of a hit list may also be printed. Select Print Preview from the dropdown menu under File to determine which page(s) of the desired data will be printed. To preview the pages, press the right or left arrows on the top of the page. Make a note of the corresponding page number on which the desired data appears. To print only the desired data, press Print, and beside Pages, enter the page number or numbers where the desired data appears. To return to the hit list, press the “Cancel” button.


Exporting


The results of a search may be saved to another location for viewing at another time or as the first step in editing the results.


To select data, the default selection is Select All. Search results may be moved only as a group. Select All is automatically selected. To manually select all of the data for all of the displayed records, choose the Select All feature from the Edit menu either by successively choosing the Edit menu and Select All feature with the mouse or by using standard keyboard shortcuts.


To export the data thus selected, successively press the Alt and F keys to open the File menu, and then either (1) press the Ctrl and S keys to open a Save As box or (2) select Save As under the File menu to designate the file name and the location at which it will be saved.


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GLOSSARY


Below are definitions or explanations of terms commonly used in the Searching the Trademark ID Manual.

Term

Definition or Explanation

Boolean Operator

Boolean operators are terms, such as “and” or “or,” which are used to limit search results.

Checkbox

A checkbox is a small square used on a webpage or electronic document to select a particular feature.

Hit List

The “hit list” is the list of returned search results.

Main Page

“Main Page” refers to the initial webpage of the ID Manual.

Notes

Notes are included for certain entries to provide additional information about the nature of the goods or services or to provide other information about the entry, such as information about changes to the status of the entry.

Search Area

The “search area” is the area on the ID Manual Main Page that contains the “Choose Field” and “Enter Search Terms” boxes.

Search Field

The “search field” is used to conduct a search with the particular parameters appropriate to that field, such as international classification or effective date of an entry. 

Truncation

Truncation is used to replace letters or numbers of a search query in order to return broader search results. For example, the truncated search term comp$ uses the dollar sign to replace letters following comp and would return results such as computers, compensation, compliance, etc.  

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Chart of Patent vs. Trade Secret

Patent or Trademark Assignments

Trademark Disclaimers   Trademark Dilution     TSDR Status Descriptors

Oppose or Cancel? Examples of Disclaimers  Business Cease and Desist

Patent, Trademark & Copyright Inventory Forms

Verify a Trademark  Be First To File    How to Trademark Search

Are You a Content Provider-How to Pick an ID  Specimens: webpages

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State & Federal Trade Secret Laws

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Opposition Pleadings    UDRP Elements    


Oppositions-The Underdog    Misc Changes to TTAB Rules 2017

How To Answer A Trademark Cease and Desist Letter

Converting Provisional to Nonprovisional Patent Application (or claiming benefit of)

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How to Respond to Office Actions  Final Refusal

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Acceptable Specimen       Supplemental Register   $224 Statement of Use

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Valid/Invalid Use of Trademarks     Trademark Searching

TTAB/TBMP Discovery Conferences & Stipulations

TBMP 113 Service of TTAB Documents  TBMP 309 Standing

Examples and General Rules for Likelihood of Confusion

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Examples of Refusals for Likelihood of Confusion   DuPont Factors

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 Can I Use An Abandoned Trademark?

Color as Trade Dress  3D Marks as Trade Dress  

Can I Abandon a Trademark During An Opposition?

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What to Discuss in the Discovery Conference

Descriptive Trademarks Trademark2e.com  

Likelihood of Confusion 2d  TMOG Trademark Tuesday

Acquired Distinctiveness  2(f) or 2(f) in part

Merely Descriptive Trademarks  

Merely Descriptive Refusals

ID of Goods and Services see also Headings (list) of International Trademark Classes

Register a Trademark-Step by Step  

Protect Business Goodwill Extension of Time to Oppose

Geographically Descriptive or Deceptive

Change of Address with the TTAB using ESTTA

Likelihood of confusion-Circuit Court tests

Pseudo Marks    How to Reply to Cease and Desist Letter

Not Just Patents Often Represents the Underdog

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Protecting Trademark Rights (Common Law)

Steps in a Trademark Opposition Process   

Section 2(d) Refusals   FilingforTrademark.com

Zombie Trademark  

What is the Difference between Principal & Supplemental Register?

Typical Brand Name Refusals  What is a Family of Marks? What If Someone Files An Opposition Against My Trademark?

How to Respond Office Actions  

DIY Overcoming Descriptive Refusals

Trademark Steps Trademark Registration Answers TESS  

Trademark Searching Using TESS  Trademark Search Tips

Trademark Clearance Search   DIY Trademark Strategies

Published for Opposition     What is Discoverable in a TTAB Proceeding?

Counterclaims and Affirmative Defenses


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