What do I do if I start selling additional goods/services not included in my application?

If after filing your application you decide to sell additional goods/services under the same trademark, you may be wondering — do I need to file another trademark application to cover the additional goods/services? This is typically a mixed legal/business decision that needs to be evaluated on your specific facts. As a general guide, the more dissimilar the new goods/services are from the goods/services covered by the prior application/registration, the more important it may be to file another application. But that’s not always the case, and for some marks filing a new application can be important even where the goods/services are closely related. 

Note that after an application is filed, the scope of goods/services listed in the application cannot be broadened. This means you can’t expand the scope to cover additional goods/services not within the scope of the original identification. But you can file a new trademark application for the same trademark, just covering different or additional goods/services.

If at the time you file your trademark application you already know what goods/services you will sell in the future, it’s possible to include those additional items in the application. You would need to file based on your “intent to use” the mark as to those items, which will require filing a statement of use or amendment to allege use at a later date. These filings involve additional cost.