USPTO Was Allowed to Require Amendment Specifying the Type of Use Within a Trademark Classification

Case: In re Omega SA (Fed. Cir. No. 06-1234, 7/23/07)

The One Sentence Summary: The Trademark Attorney of the USPTO did not abuse its discretion in requiring Omega to amend its application for "chronographs" in Class 14 to specify chronographs for use as watches."


Federal Circuit Holdings:

• The United States classification was not limited by the international classification for chronographs.
• Actual use rather than classification creates trademark rights.
• Applicant's earlier registrations without the limitation would not be adversely affected by this amendment.