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[2lstudent]

for the TEAS plus application, the description/ identification of the mark must be picked from a list that USPTO has as valid goods and services.

Is the description one of the most important parts of the application- in wording it broadly? I have seen some very concise descriptions and was not sure if there is an advantage of completing the TEAS app instead since then you can submit your own description of the product instead of picking from a list??

[JSonnabend]

Your statement is flat-out incorrect.  Neither eTeas nor eTeas Plus provides standardized descriptions of the mark.

- Jeff

[lyza2855]

I am not an attorney, but it has always been my understanding that broader is better.  It has also been my understanding that the most important thing is to protect your mark as it is being used.  

Jeff is correct that the descriptions are not provided, but they are a required part of the application process.  Whether TEAS or TEAS Plus, you must list a description of goods/services in all applications.  TEAS Plus offers a cheaper route, requiring that you choose and file, unaltered, your g/s descriptions from the approved PTO descriptions, whether use-based or an intent-to-use basis.  You file under the reduced rate of $275 per class through TEAS Plus but that may not be in an applicant's best interest as the approved descriptions may not cover the g/s in use.  That is where a qualified attorney will be a big help to the applicant.

The benefit of using TEAS Plus is a cheaper filing fee and that your choice of g/s descriptions has already been approved as written by the PTO and will not be challenged as worded, unless it does not match your specimen.  The downside is that you may not be protecting your mark as it is truly being used just because you want to save $50 per class in filing fees.

I hope this helps.  Thanks.

[JSonnabend]

Broader may be better in that it gives more room to amend the G&S, and it "covers", at least nominally, broader goods and services.  On the other hand, broader descriptions are more likely to run into section 2(d) refusals.

- Jeff

[DJoshEsq]

Broader may be better in that it gives more room to amend the G&S, and it "covers", at least nominally, broader goods and services.  On the other hand, broader descriptions are more likely to run into section 2(d) refusals.

- Jeff

Incorrect!  Lyza supplied a great answer.  Draft your description broadly!

[JSonnabend]

Incorrect!  Lyza supplied a great answer.  Draft your description broadly!

Gee, thanks for the information, DJosh.  That really advances the discussion.

Based on my experience in the Trademark Office, my advice is absolutely correct.  If you disagree, that's great, but how about providing a reason for your disagreement?  For example, do you believe that broader G&S are not more likely to hit a 2(d) refusal?  If so, why?

- Jeff

[Kricket]

im going to have to agree with the "broader is better" train of thought but i feel like i should add a qualifier:  "IF you don't mind spending more money in the event an office action comes your way"

of course - you always want to have the broadest protection possible - but keep in mind, if your description is too broad, the examining attorney will most likely issue an office action

once you get this office action, you can always pay the fee, respond to the oa, and narrow down your description...

at the end of the day - i would choose to go broad - if the office action is issued, narrow down the description and you'll be fine - if no office action is issued - youre set...