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Should I add more items to my trademark application as I plan to sell other products, or can I add them later as well?

Senior Trademark Attorney

If you are planning to sell other products in the near future, adding the corresponding classes to the original application is the better approach. It is cheaper; one application fee covers all classes upfront; and it secures protection in those classes from the same priority date as the rest of the registration.

Filing a separate application for additional classes later means a later priority date, higher overall cost, and a full re-examination of the mark in those classes. If a conflicting mark is filed in the new class between your original application date and the later filing, it will have priority over you in that class.

In the US specifically, classes cannot be added to an intent-to-use application after the Notice of Allowance has been issued. Additionally, a Statement of Use fee of $150 per class applies when demonstrating use for each class at the Statement of Use stage.

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