A trademark application must include a list of goods and services to be associated with the trademark. The United States and Trademark Office publishes a list of acceptable verbiage for the description of goods and services. You can use that list but oftentimes, you want to develop a goods and services description that is a bit more robust.
How to craft a basic list of goods and services for your trademark application?
The United States Patent and Trademark Office publishes a list of acceptable goods and services. You can find it at the following link: Trademark ID Manual.
Enter the goods and services you plan on selling with your mark. The search engine will return a list of acceptable goods. You might have to use synonyms to find the right words but you should be able to find the right verbiage that matches the product or service you are going to offer to the public.
How to craft an advanced list of goods and services for your trademark application?
An advanced list of goods and services ought to be robust enough to:
- capture multiple vertical markets;
- allow another examiner to easily find your trademark when he or she is examining a junior trademark application; and
- future proof your goods and services.
How to capture multiple vertical markets?
To capture multiple vertical markets, the goal is to include the generic name of the product or service and to list the vertical markets you serve. For example, if you are in the restaurant business, you want to list restaurants in class 43. If your restaurant is an ethnic restaurant then list the ethnic type of food such as a French restaurant. In this example, you would list restaurants; French restaurants; Restaurants selling French foods in Class 43.
How to make your trademark application easily findable or searchable by another examiner?
One of the goals of filing a trademark application is to prevent others from registering a similar mark. To do that, your trademark application and registration must be findable by another examiner. In this regard, you want to list other types of goods and services. For example, if you are opening a French restaurant, you would list restaurants and French restaurants but also list some of the foods you are selling in the French restaurants. If you are selling pastries, then you may want to list pastries in Class 30. In this regard, you are adding more keywords in your trademark application that other examiners can find when they are examining junior applications.
Disclaimer: this guide is not a substitute for legal counsel, and by using this information you assume all responsibility.