If the application contains goods/services in more than one class, the application must meet the requirements of 37 C.F.R. §2.86. 37 C.F.R. §2.22(a)(7).
Trademarks and Service Marks. The application must include:
- (1) An identification of goods/services in each class. 37 C.F.R. §2.86(a)(1);
- (2) An application filing fee for each class. 37 C.F.R. §§2.6(a)(1)(iii), 2.86(a)(2); and
- (3) Either (a) dates of use and one specimen for each class, in an application under Trademark Act §1(a); or (b) a statement that the applicant has a bona fide intention to use the mark in commerce for each class, in an application under §1(b) or §44. 37 C.F.R. §2.86(a)(3).
Collective Trademarks, Collective Service Marks, and Collective Membership Marks. The application must include:
- (1) An identification of goods/services in each class, or the nature of the collective membership organization in U.S. Class 200, as applicable. 37 C.F.R. §2.86(a)(1);
- (2) An application filing fee for each class. 37 C.F.R. §§2.6(a)(1)(iii), 2.86(a)(2); and
- (3) Either (a) dates of use and one specimen for each class, in an application under §1(a); or (b) a statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use the mark in commerce for each class, in an application under §1(b) or §44. 37 C.F.R. §2.86(a)(3).
Certification Marks. The application must include:
- (1) An identification of goods/services in U.S. Class A or U.S. Class B. 37 C.F.R. §2.86(a)(1);
- (2) An application filing fee for each class. 37 C.F.R. §§2.6(a)(1)(iii), 2.86(a)(2); and
- (3) Either (a) dates of use and one specimen for each class, in an application under §1(a); or (b) a statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce for each class, in an application under §1(b) or §44. 37 C.F.R. §2.86(a)(3).
For more information regarding multiple-class applications, see TMEP §§1403-1403.05.
Identification Includes More than One Class, and Filing Fees Not Sufficient – Insufficient Information Fee Does Not Apply. The insufficient information fee does not apply to deficiencies arising from identification-related requirements, including requirements that arise from an identification falling within more than one class. In general, identification-related deficiencies in an application will incur the free-form text ID fee under 37 C.F.R. §2.22(a)(20). See TMEP §819.03 for the identification-related deficiencies that incur the free-form text ID fee and §819.05(c) for further discussion of different fees applying to the same application.