[E-trademarks] Classification of gift baskets

[Crane, Susan]

There are definitely more types of gift baskets in the ID manual.  I found the following:

003-1207
003
Gift baskets containing non-medicated bath preparations and cosmetic preparations
X
09/03/2009
GOODS
11-28-2013: Entry status changed from "A" added to "X" example.

10-2013
028-1465
028
Gift baskets comprised primarily of imitation toys sports products, namely, toy game balls and accessories therefor
X
06/11/2009
GOODS
08-01-2013: Acceptable entry status changed from "A" added see more ><https://tmidm.uspto.gov/show%20more%20content>

10-2013
028-1464
028
Gift baskets comprised primarily of toy imitation sporting goods, namely, toy game balls and accessories therefor
X
06/11/2009
GOODS
08-01-2013: Acceptable entry status changed from "A" added see more ><https://tmidm.uspto.gov/show%20more%20content>

10-2013
028-1367
028
Gift baskets containing plush toys
A
05/29/2008
GOODS

09-2007
030-1413
030
Gift baskets containing popcorn
A
08/14/2014
GOODS

10-2014
030-656
030
Gift baskets containing candy
A
11/01/2005
GOODS

08-2002
031-378
031
Gift baskets of fresh fruits
A
07/30/2009
GOODS


I would submit suggested IDs for the other items.  It takes  a bit of time for them to be added to the ID manual once approved.

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>


From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Katherine Koenig via E-trademarks
Sent: Thursday, October 9, 2025 5:15 PM
To: E-trademarks <e-trademarks at oppedahl-lists.com>
Cc: Katherine Koenig <katherine at koenigipworks.com>
Subject: [E-trademarks] Classification of gift baskets

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
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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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