Trademark Date of First Use with More Than One Item of Goods or Services Specified in One Class

When a trademark application contains more than one item of goods or services in one class, the date of first use anywhere and date of first use in commerce do not have to pertain to every item in the class. TMEP § 903.09. However, the Trademark Office will presume that the date of first use applies to all the goods or services, unless the applicant states otherwise. Id. Where the date of first use does not pertain to all items in a class, the applicant should specify the particular items to which the date does pertain. Id.

In a Trademark Electronic Application System (“TEAS”) Plus application or a regular TEAS application in which the applicant enters the goods/services using the Trademark Office’s online Acceptable Identification of Goods and Services Manual, different dates of use can be provided for any particular item. Federal Register Vol. 73, No. 222. If the applicant uses the free-text entry approach to identify the goods/services in a regular TEAS application, the online instructions tell the applicant to indicate in parentheses the item to which the dates apply. Id. The applicant can also use the Miscellaneous Statement field of the Additional Statement section of the application form to enter information. Id.

– Katie Cooper

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