Should I add more items to my trademark application as I plan to sell other products, or can I add them later as well?

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Written by Tomas Orsula

Senior Trademark Attorney

If you're already planning to sell other products in the future, it's usually recommended to add the corresponding classes/goods or services items to the application, as it's cheaper and also allows you to secure protection in the new class(es) before anyone can register a conflicting trademark there.

It's worth mentioning that in the US specifically, adding classes for which you can't provide proof of commercial use yet will require you to file an "intent-to-use" application and provide said proof for all your classes within six months after the Notice of Allowance is issued by the USPTO. This submission is subject to an additional fee of $100 per class; therefore, you might want to consider only registering in classes where you are already commercially active and filing a new application later.

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