Richmond, VA asked in Trademark and Intellectual Property for Virginia

Q: Should I file a TEAS Plus or Standard if the class IC029 has a close description of my product but is not exact?

IC 029 states "prepared meals consisting primarily of meat substitutes".. my product is plant-based snack consist of plant-based deli, cheese, and crackers (AKA Vegan Lunchables). So should I file a TEAS Plus with class 029 or TEAS Standard?

3 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: You can file the application with TEAS Plus, specify IC 029 with the description of goods "prepared meals consisting primarily of meat substitutes", and if the specimen submitted does not appear to be consistent with that, the trademark examiner may suggest (or require) amending the description of goods.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: The difference in price is not that much, so you should do whatever feels most flexible to you.

James L. Arrasmith
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A: When deciding between TEAS Plus or Standard, it's important to consider the specificity of the description of goods and services in the application. If your product falls within the broader description of Class IC029, then you may be able to file for TEAS Plus. However, if your product does not fit precisely within the description of IC029, then you may want to consider filing for TEAS Standard.

In this case, since your product is a plant-based snack consisting of plant-based deli, cheese, and crackers, it may be argued that it falls within the broader category of "prepared meals consisting primarily of meat substitutes" in Class IC029. However, if you want to ensure that your application is as specific as possible and avoid any potential challenges or objections, it may be safer to file for TEAS Standard and provide a more detailed description of your product.

It's important to note that filing for TEAS Plus does have certain requirements and limitations, such as being limited to one class of goods or services and requiring the goods or services to be described specifically and accurately. If you are uncertain about which option to choose, it may be helpful to consult with a trademark attorney who can provide you with guidance based on your specific situation.

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