- Lead Office : USPTO -
The TM 5 “ID List Project” is designed to assist trademark right holders who seek trademark protection in multiple jurisdictions.
Right holders who seek trademark registrations from national IP offices must provide those offices with descriptions (“IDs” or “identifications”) of the goods or services that are associated with the trademarks. Right holders prepare these IDs in one of two ways: they either craft the IDs on their own, or they select an ID, or a combination of IDs, from lists of possible IDs that the national offices maintain.
An advantage to utilizing an ID from a pre-written list is that the right holder is assured that the national IP office will not ask the right-holder to modify the ID. On the other hand, if the right holder drafts the ID on his own, the national office may find that that the ID is inadequate, perhaps because the ID is insufficiently clear. A finding that an ID is inadequate can delay both the processing of the request to register the trademark, and the ultimate issuance of a registration.
Hence, a right holder may benefit substantially by drawing an ID from a pre-published list of IDs. That benefit, however, may be blunted if the right-holder wishes to obtain registrations in multiple jurisdictions: no two national offices have identical lists of pre-approved IDs, and a right-holder who seeks registrations in multiple jurisdictions may therefore have to consult multiple lists, and present multiple IDs, all to describe the same goods.
The TM5 ID List Project is an attempt to enable such right holders to enjoy some of the benefits that may flow from use of pre-approved IDs. In particular, it is expected that the project may result in a “unified” list that is comprised of IDs that are acceptable not only to the IP offices of each of the five TM5 partners, but to IP offices of other jurisdictions as well. A right-holder who seeks to obtain trademark registrations from two or more of the national offices that participate in the project is assured that each of those offices will accept any ID that is included in the “unified list.”
(Currently, right holders may ascertain which IDs will be included in the “unified list” by consulting the USPTO’s Manual of Acceptable Goods and Services. The IDs in that Manual that are accompanied by a “T” notation constitute the “unified list.”)
In the future, the partners may enhance the “unified list,” including by displaying some or all of the entries in the list in the respective official language or languages of some or all of the participating national IP offices.