What's the difference between Goods and Services?

In the last post, we talked about using trademark (^TM) for goods and service mark (^SM) for services, to indicate intellectual property protections.  But what makes a good, good?

Goods are tangible products, such as cars or tables. Services, on the other hand, are activities performed for the benefit of someone else, such as car rental services or catering.

The difference between goods and services is not always obvious.  Are your customers paying for a product or paying you to perform a specific activity?  If your customer is buying your product, such as a car or table, then you have goods.  If your customer is paying you to perform an activity, such as catering or providing car rentals, then you have services.  

You may list both goods or services in a trademark application.  Please note that if you are filing based upon “use in commerce,” you must be using the mark in commerce on all the goods/services listed.  If you are filing based upon an “intent to use" the mark, you must have a good faith or bona fide intent to use the mark on all the goods/services listed.

The USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) contains a listing of all acceptable classifications of goods and services [1].  Any entry you choose must accurately describe your product.  A failure to correctly identify the goods/services associated with the mark may prevent you from registering your mark.  Unfortunately, the USPTO filing fees are not refundable, even if the application fails.

If the ID Manual does not contain an accurate listing for your goods/services, please do not pick the “closest” option.  Rather, a unique identification should be created, describing your goods/services using clear, concise terms that the general public easily understands.  If you use vague terms, such as “miscellaneous services” or “company name,” your application will be considered void and you must file a new application.

It is important to note that although you may clarify or limit the goods/services, you may not expand or broaden their scope.  For example, if you filed for “shirts,” you may limit the goods to specific types of shirts such as “t-shirts and sweatshirts.”  However, you may not change the goods to “pants.”  Likewise, if you file for “jewelry,” you may change the goods to specific types of jewelry such as “jewelry, namely, earrings”.  However, you may not change the goods to a service such as “Gem and jewelry repair and cleaning services”.  It's always a good idea to seek the help of an experienced trademark attorney in determining the correct classification of your products before applying for registration with the United States Patent and Trademark Office. 

Questions?  Give the Formation Law Group a call at (424) 256-6614 or send us a line through info@formationlaw.com.

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[1] http://tess2.uspto.gov/netahtml/tidm.html