[E-trademarks] Filing one application in one class, but listing some goods as actual use and some as intent to use

[Dale Quisenberry]

Thanks to all for your feedback.  I was able to do as Michael (and others) suggested and worked great.

Thanks again!

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
(832) 680.1000 (mobile)
(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Michael Brown via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Monday, 6 May 2024 at 8:14 am
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Michael Brown <michaeljbrownlaw at gmail.com>
Subject: Re: [E-trademarks] Filing one application in one class, but listing some goods as actual use and some as intent to use
Yes, this can be done. Just add one of the services as a 1(a) and the other as a 1(b), similar to how you would file a two class application. The client can later decide to file an AAU or SOU for the 1(b) services, or delete them if its plans change.

Michael Brown
Michael J Brown Law Office
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Plaza I, 2nd Floor, Suite 2025
Livingston, NJ  07039
michaeljbrownlaw at gmail.com<mailto:michaeljbrownlaw at gmail.com>
michael at mjbrownlaw.com<mailto:michael at mjbrownlaw.com>
www.mjbrownlaw.com<http://www.mjbrownlaw.com>
+1 973-577-6300  fax +1 973-577-6301
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On Sat, May 4, 2024 at 4:38 PM Dale Quisenberry via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Listmates,

Is this possible?  I’m thinking not; at least I don’t know how to do it.

Or, if the client say wants to file in Class 035 for On-line retail store services featuring … based on actual use, and also file in Class 035 for Retail store services featuring …, must that be done by filing 2 separate applications.

Hoping I’m wrong that it can’t be done in one application.

Appreciate your guidance.

Thanks!

Dale

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
(832) 680.1000 (mobile)
(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

This email may contain information that is confidential and subject to the attorney-client privilege, work product doctrine and other applicable privileges.  This email is intended to be received only by those to whom it is specifically addressed.  Any receipt of this email by others is not intended to and shall not waive any applicable privilege.  If you have received this email in error, please delete it and immediately notify the sender by separate email.  Thank you.


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