How to craft a goods and services description for trademark application?

When preparing a U.S. trademark application, one of the most critical steps is drafting the identification of goods and services. This portion of your application not only determines the scope of your trademark rights but also impacts the application’s cost and the likelihood of approval. Mistakes here can lead to delays, rejections, or worse — a potentially invalid trademark registration.

Start with the USPTO’s Acceptable Identification of Goods and Services List

The USPTO maintains a publicly available Trademark ID Manual, which contains pre-approved descriptions of goods and services. The primary advantage of using this list is cost and efficiency:

• No additional scrutiny: If you use the exact wording from the manual, your identification is unlikely to be rejected for being indefinite or misclassified.
• Lower filing fees: Using the ID Manual allows you to file under the TEAS Standard form at $350 per class. If you deviate or free-form the description, the USPTO fee jumps to $550 per class for all classes even if the other classes are using the accepted verbiage.

But What If There’s No Perfect Match?

This is where nuance becomes critical. If your exact product or service isn’t listed, you’re allowed to describe it in your own words — but must pay a higher fee.  When you free form your identification of goods and services, you must do so carefully and I would say with purpose.

• The USPTO will scrutinize custom descriptions for clarity and proper classification.  Even though they will scrutinize it, it easy to work with the examining attorneys to get the verbiage into a good condition.
• Oftentimes, when clients are unsure of what they will be selling in conjunction with the mark, we often use broad words to leave open the possibility of adding those goods in the future.  Be advised that you can’t broaden the goods but you can narrow the goods/services in the future.  For example, if the client doesn’t know what type of sports product they are going to sell but am sure of basketballs, the goods description could be sports good, basketball. This leaves open the possibility of adding tennis in the future.

Danger of Accepting the Approved ID of Goods and Services

It might be tempting to choose the closest match from the approved description of goods and services, even if it doesn’t precisely apply to you just to save on fees.  After all, it’s cheaper to use the accepted list than to free form the description. However, just using the accepted list is risky.

Consider this example:

You sell tangible products online. The ID Manual includes “providing an online marketplace for buyers and sellers of goods and services.” That may sound close — but it refers to a service but you only sell products.

If you include that accepted verbiage, you’d be lying on your declaration when you file the trademark application.  When filing, you have to declare that you have a bona fide intent to use the mark on all of the recited goods and services even though you aren’t offering any services.  Under U.S. trademark law, this could render your trademark registration invalid for fraud or misrepresentation. Your rights could be unenforceable if challenged later in litigation or opposition proceedings.

Why You Might Want to Pay the Extra Fee and Go Beyond the Pre-Approved List

While pre-approved terms simplify filing, they aren’t always the most strategic. Custom descriptions can provide:

Broader search visibility:

Keyword-rich, specific descriptions help USPTO examiners catch later-filed conflicting applications.  You need to understand that the examination process is still a manual process. By including keyword rich descriptions, it makes it more likely for a future examiner to find your trademark application/registration in order to refuse registration to someone in the future.

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.

Future Proof Your Trademark Application:

Although you have a list of goods and services that you want to offer right now, you don’t know what the future holds.  You may want to expand.  By using the preapproved list, you can’t do that.  You are stuck with what the trademark office pre approves.  By crafting your own description, you get the opportunity to use broad language that would likely get objected to but would also provide you with the option to add different goods and services in the future.

Tips for Drafting Strong Identifications

1. Start with the ID Manual: Search for the closest match to guide your classification.
2. Broadly and narrowly recite your goods and service: In most cases, you want to take a both-and approach.  Include broad terms but also the narrow specific terms so that you have a keyword rich description.  This makes it more likely that your trademark application can be found by future examining attorneys.
3. Avoid legal jargon or marketing fluff: Descriptions should be commercially understandable but legally accurate.

Need Help Crafting Your Trademark Application?

Writing an effective identification of goods and services can make or break your U.S. trademark registration. Whether you’re selecting from the USPTO’s ID Manual or drafting a custom description, the process demands strategic thinking and legal precision.

At OC Patent Lawyer, we help clients protect their brand by crafting accurate, enforceable, and cost-effective trademark applications. If you’re unsure how to describe your products or services—or want to strengthen your chances of approval—schedule a consultation today. You can also call us at (949) 433-0900 for immediate assistance.

Disclaimer: this guide is not a substitute for legal counsel, and by using this information you assume all responsibility.