Goods & Services Identification Issues
The identification of goods and services is the sentence in your application that says what you actually sell. It looks like a formality and it is not. Vague wording draws an objection, costs extra money, and can delay the whole application.
What the identification has to do
The identification has to be specific, definite, and in ordinary commercial terms, and it has to fit inside a single international class. It also has to describe what you are actually selling, not what you might sell someday. Examiners object when wording is indefinite, overbroad, uses the wrong class, or mixes goods and services in a way that does not match the filing basis.
Since January 2025, wording choices cost money
The fee structure changed on 18 January 2025. The old TEAS Plus and TEAS Standard split is gone, and there is now one base application fee of $350 per class when filed electronically. On top of that, the USPTO charges $200 per class when you use free-form wording instead of wording drawn from the ID Manual, and $100 per class when the identification is so vague that the office has to ask for more information. Both are additional per-class charges layered on the base fee.
Since 18 January 2025, wording that is not taken from the ID Manual triggers a $200 per class fee, and insufficient information triggers $100 per class. Both are non-refundable and both apply per class, so a three-class application can add hundreds of dollars in avoidable fees.
| Wording that gets objected to | Why | Direction to fix it |
|---|---|---|
| Computer software | Says nothing about what the software does or what field it serves. | Add the function, field, or purpose, and state whether it is downloadable or provided online. |
| Retail store services | Class 35 service needs to identify what is actually sold. | Name the goods sold, for example retail store services featuring a specific product category. |
| Clothing | Too broad on its own for many filings. | List the items, as in clothing, namely, shirts, pants, and jackets. |
| Entertainment services | Class 41 needs the actual nature of the entertainment. | Name the format, such as live music performances or production of podcasts. |
| And related goods, etc., including but not limited to | Open-ended language is indefinite by definition. | Delete it. List what you sell, or accept that unlisted goods are not covered. |
| Business consulting services | Needs the field or subject of the consulting. | Add the field, as in business consulting services in the field of healthcare operations. |
Software and retail: two recurring problem areas
Software filings produce more identification problems than anything else, mostly because of the downloadable versus online distinction. Downloadable software is a good in Class 9. Software you host and let people use through a browser or app is a service, generally in Class 42, described as providing temporary use of non-downloadable software for a stated purpose. Getting that split wrong means filing in the wrong class, which is not a cheap correction.
Retail filings run into a different assumption. Applicants often think any business that sells things needs a Class 35 filing, but Class 35 covers services rendered to others, such as retail store services or distributorship services. It does not cover making and selling your own products under your own brand, which is covered by the class for those goods. If you do claim retail services, the identification must name the goods sold, and you must actually be performing the service as described.
The correction workflow
- Pull up the ID Manual in Trademark Center and search for the plain-language term for what you sell.
- Copy the pre-approved wording exactly, including punctuation. Small edits are what push wording out of the accepted set.
- Confirm the class number that goes with that wording, and check that it matches the class you filed in.
- Amend the application in response to the Office Action, quoting the ID Manual language verbatim.
- Check the result in Trademark Center and in the public record, then keep the accepted wording for future filings in the same class.
Once the application is filed, the identification can be amended to clarify or limit the goods or services, but not to broaden them. If you filed too narrowly, you cannot add goods later in that application. Decide the full scope before you file.
Frequently asked questions
Why did my identification get objected to?
Usually because the wording is indefinite or overbroad. The USPTO needs a specific description in ordinary commercial terms that fits within one international class, and vague phrasing or open-ended language does not satisfy that.
What is the free-form identification fee?
Since 18 January 2025, using wording that is not from the ID Manual costs an additional $200 per class on top of the $350 per class base application fee. It is charged per class and is not refundable.
Can I just write computer software for my software application?
No. You need to state the function, field, or purpose of the software, and whether it is downloadable software in Class 9 or online non-downloadable software as a service in Class 42.
Can I broaden my identification after filing?
No. Amendments after filing may only clarify or limit the goods or services. If you need broader coverage, you generally have to file a new application and pay new fees.
Do I need Class 35 if I sell my own products?
Not for selling your own branded goods. Class 35 applies when you render retail or distributorship services, and even then the identification must name the goods being sold.
More in Office Actions & Refusals
Common Refusals
The most frequent reasons the USPTO refuses an application.
Understanding Office Actions
What an Office Action is, and the deadlines it puts you on.
Response Checklist
What to gather before you draft your Office Action response.
Likelihood of Confusion
Why your mark was compared to another registration, and how examiners weigh it.