The following is an edited transcript of my video Trademark Q&A: Description of Goods and Services.
A question that comes up quite frequently during the trademark application process with the USPTO is “Can I add to or change the description of goods and services in my application?” Wherever you are in the application process after it’s been filed, it’s important to know that the ability to amend the description of goods and services is very strict and limited.
You cannot add to the scope of the goods and services; you can amend it before the application has been published or before it’s been registered, but only to narrow the scope of what was in the original application filing. The reason the policy for this is that when an applicant submits an application to the USPTO, it’s goes in the public records and other brands may be relying on their searches to make decisions about whether they think it’s an issue that they need to monitor or contact the party or perhaps litigate over something.
For example, if a party was able to file the application for cameras, but then a year later during the process they change course and say it’s for software, the fact that it was in the public records and others might have relied on the fact that this name was only being used for cameras would have impacted their decisions and analysis. So you can only narrow the scope during the process.
For more on this topic, visit our YouTube channel erikpelton.tv and search “goods and services.”
