[E-trademarks] Classification of gift baskets

[Daniel Kegan]

Typically, how many items per gift basket?
Are there a few types of gift baskets that have a dominant Nice Class of goods?
Does client have a sense of a few types of gift baskets that are expected to account for most sales,
eg the 80/20 perspective?
Within the USPTO and Nice framework, can you craft a <TmIdSuggest at uspto.gov<mailto:TmIdSuggest at uspto.gov>> suggestion;
once upon a time suggestion replies were expected within a few days.
If no easy/fast answers, perhaps go for one application for a significant proportion of expected sales,
and perhaps there might, at least in USA, be a reasonable argument that likelihood of confusion
expands the limited registration g/s ID.


Daniel Kegan
dKegan at BhhLawFirm.com
Baron Harris Healey
150 S  Wacker Dr #2400
Chicago IL 60606


On Oct 9, 2025, at 5:15 PM, Katherine Koenig via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
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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