[E-trademarks] Classification of gift baskets

[Katherine Koenig]

Hi everyone,

I'm a bit stuck with a new application.  The client will be selling gift baskets with a variety of goods.  There will be selling several different gift baskets, each with different products inside.


  *   They will not be selling the items individually.
  *   The gift basket will be sold under TRADEMARK, but each item within the gift basket won't be individually marked with TRADEMARK.
  *   Items that will be included in the baskets span multiple classes (e.g., candles, shirts, lotions, candies, tea/coffee, etc.).

As you all know, the item "gift baskets" itself isn't a pre-approved item because the proper classification will depend on what's inside.  However, I'm having trouble finding a pre-approved item/items for the "gift basket" itself (with goods to be specified) in each applicable class.  We've identified "gift baskets containing non-medicated bath preparations and cosmetic preparations" in Class 03, which is ok for that class, but there's nothing that I'm able to find for the other classes.

There's also "on-line retail store services featuring {gift baskets comprised primarily of...} in Class 35, but that item is for services - it's ok, but I'd also like to capture the goods themselves.

What's the best practice here?  Include the goods themselves in the application that will be included in the gift baskets (even though each item not individually branded) or include the online retail store services in Class 35 with customized language to capture the types of goods that will be in the baskets?  Or both?

Best regards,

Katherine

Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>

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