"Retail services" is an indefinite identification because it encompasses a wide array of services related to retailing, including marketing and advertising services. Regardless of whether the retail services are provided in person, online, or by other means, identifications for "retail services" must indicate the nature of the retail activity (e.g., retail outlets or online retail stores). Additionally, identifications for retail store, catalog, or ordering services and identifications for retail services by direct solicitation by sales agents must indicate the type or field of the physical or virtual goods offered by the services (e.g., "clothing" or "downloadable image files of virtual clothing"). The type of goods is required in order to facilitate informed judgments concerning likelihood of confusion under 15 U.S.C §1052(d). Any of the following identifications is acceptable:

1. "Retail clothing stores," in Class 35.
2. "Computerized on-line retail store services in the field of {indicate field of goods}," in Class 35.
3. "Web-based catalog services featuring {specify goods}," in Class 35.
4. "Computerized on-line ordering services in the field of {indicate field of goods}," in Class 35.
5. "Online retail store services featuring virtual goods, namely, {specify type, e.g., furniture, jewelry, sunglasses, etc.} for use in online virtual worlds," in Class 35.

The type of goods featured by the services must be limited to items that are goods in trade under the Trademark Act. For example, "online retail store services featuring non-fungible tokens" is indefinite as an identification of services because "non-fungible tokens" does not clearly indicate the type of goods featured by the services and encompasses items that are not goods in trade. Non-fungible token (NFT) is primarily defined as "a unique digital identifier that cannot be copied, substituted, or subdivided, that is recorded in a blockchain, and that is used to certify authenticity and ownership (as of a specific digital asset and specific rights relating to it)." https://www.merriam-webster.com/dictionary/non-fungible%20tokens (accessed February 27, 2026). These digital identifiers on a blockchain are similar to certificates of authenticity or ownership and are not considered goods or services under the Trademark Act. See TMEP §§1202.06-1202.06(c) regarding goods in trade and §§1301.01-1301.01(b)(vi) regarding activities that are services under the Trademark Act. Instead, the identification must set forth the particular type of goods featured by the retail services, such as downloadable music files authenticated by non-fungible tokens. The services may be identified as follows:

1. "Retail store services featuring downloadable digital image files of {indicate subject matter, e.g., trading cards, sneakers, etc.} authenticated by non-fungible tokens (NFTs)," in Class 35.

For additional information about fill-in Acceptable Identification of Goods and Services Manual (ID Manual) entries, see TMEP §1402.04. For additional explanation regarding non-fungible tokens, see TMEP §1401.15(b).

Effective January 2, 1997, retail store, catalog, and ordering services are classified in Class 35. The aforesaid services were previously classified in Class 42.

Other types of retail services, including marketing, advertising, and promotion services, are also classified in Class 35 regardless of how the services are conducted. For example:

1. "Marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices," in Class 35.

However, "sales" cannot be listed as the primary activity in an identification, because the sale of one’s own goods or services is not a registrable service. Moreover, "sales" cannot be classified under the Nice Classification. See TMEP §§1401.02(a) and 1402.11.

The identification requirements provided herein for "retail services" also apply to identifications for "wholesale services."