Speaker Series: Marian Croak 

The video is correct. If your type of product isn’t listed in the ID Manual, the best course of action is to apply using TEAS Standard. The TEAS Standard filing option allows you to describe your product in your own words. This allows you to file your application right away. Another course of action is to email TMIDSuggest@uspto.gov and request that your proposed ID be added to the manual. Please note, however, that it takes time for the USPTO to consider your request and then (potentially) update the manual, so if you want to file using TEAS Plus for the lower filing fee, you would need to wait to file until after the USPTO has determined whether the ID can be added. Please note, however, that you indicated your competitors have the same type of product that you do. If it is the same type of product and the wording they used in their IDs is accurate when used to describe your goods, you could simply apply for your trademark using the same ID language as your competitors. If that wording is in the manual, you can apply using the TEAS Plus option. If that wording is not in the manual, you can apply using TEAS Standard or email the TMIDSuggest mailbox, as provided above. The choice of which course of action to follow is up to you (and your attorney), based upon your business needs. The ID Manual is fairly comprehensive and includes almost all known types of goods and services. Unless a product is some type of newly invented technology, it is rare not to find an accurate listing in the manual. As you saw in the video, please remember that your ID can identify a broad type of product without being overly specific. For example, if your goods are “silk orchids with plastic greenery in a white pot,” you don’t have to identify your product in that way. You could use a more general description, such as “artificial flower arrangements in containers” or “silk flowers” or even “artificial flowers.” Also, please note that your use of the word “category” may be confusing because the USPTO doesn’t identify goods and services by “category.” Perhaps you and your attorney are thinking of “international class” instead? If so, please be aware that the classification of goods and services (such as identifying goods in International Class 26) is mostly an administrative matter. Classification has little effect on your trademark registration, as goods and services in one international class are entitled to protection against confusingly similar marks registered in other international classes. The only time classification plays much of a role is in determining your filing fee, as your fee is calculated based upon the number of international classes in your application.

@@USPTOvideo thank you so much for your kind reply. That's very helpful !!!