What should I do if the USPTO asks me to provide Identification of Goods in an office action?

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Written by Tomas Orsula

Senior Trademark Attorney

If the USPTO has requested that you provide the Identification of Goods in an office action, it means that the examining attorney has identified an issue or deficiency in the description of goods or services in your trademark application.

The USPTO usually issues this type of office action if the terms are vague, contradictory, not related to the trademark and its intended use, potentially deceptive, or otherwise inaccurate.

In the office action, the examiner will provide their reasoning for seeking clarification/amendment and propose items they deem more appropriate for describing your trademark. Often, all you'll have to do is amend your goods and/or services list accordingly.

Keep in mind the identification of goods is a crucial aspect of your application, as it defines the scope of your mark's protection not just during examination but also in the future when your brand might face infringement. Therefore, if you're unsure about how amending your application could impact your legal protection, it's advisable to consult a trademark attorney.

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