Once I File My Trademark Application, Can I Add Additional Goods and Services (Classes) Later On?

Question: Once I file my trademark application, can I add additional goods and services / classes later on?

Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application.

A typical concern we hear from clients in regard to this rule is that they have plans to offer goods or services in the future that they are not currently selling. Why can’t they file for these goods and services now?

In order for your trademark to register, you must have legitimate sales of all the goods and services you included in your trademark application. Because of this, you don’t want to stuff your application with all the ‘maybes’. You only include what you intend to launch into the marketplace within about 1-3 years from the filing date of the application.

The largest companies in the world will file additional applications later on when their product or service lines expand. In fact, it is extraordinarily common for a company to start in one corner of an industry, and then expand from there.

Don’t look at a trademark as a singular event for your company. You can continuously file additional applications as new products and services are offered under your brand.

Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

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