As basic as it may sound, it is important to correctly identify (1) whether you are providing a good or a service under your trademark and (2) accurately identify the good or service you are providing under your trademark. Good are products while services are activities performed for someone else. The difference is not always clear and unrepresented applicants often list goods in their trademark application when they are actually providing a service and vice versa. A good resource is the U.S. Patent and Trademark Office’s (“USPTO”) Acceptable Identification of Goods and Services Manual. It is important to get the distinction correct because the USPTO will not permit you to change or broaden your identification of goods or services (you can however clarify or limit your identification). And generally speaking, changing your identification from a good to a service or a service to a good is a changing or broadening of the identification, which is not permitted.
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