SECTION 93.34. Description of Goods and/or Services

(a) The application must clearly and concisely identify the goods and/or services on or in connection with which the applicant uses the mark in commerce.

(b) The description of goods and/or services must use common or generic terms or phrases to describe applicant's goods and/or services. Do not include highly technical language or a reference to a federally or state registered mark.

(c) Each description of goods and/or services must be limited to a single class. If the applicant seeks to register a mark in multiple classes, the application must include a separate description of goods and/or services for each class.

(d) An application that contains a description of goods and/or services that is broad or ambiguous enough to fall into more than one class will be rejected. The applicant will be required to more narrowly specify the goods and/or services in connection with which the mark is being used. For example, "publication" is not an acceptable description of goods and/or services because it is not specific enough to identify the goods and/or services with which the mark is being used, e.g., downloadable publications (Class 09), educational publications (Class 16), online publications (Class 41).

Source Note: The provisions of this §93.34 adopted to be effective September 1, 2012, 37 TexReg 6287