1402.03(b)    House Marks

House marks do not identify the goods – rather, they identify the manufacturer or seller over a wide variety of goods, with such goods often themselves identified by a "product mark." Marks of this type are often used in the chemical, pharmaceutical, publishing, and food industries. A product may bear both a product mark and a house mark.

For example, a pharmaceutical manufacturer, XYZ Laboratories Corp., may sell a particular pharmaceutical preparation for a cough syrup under the product mark "FORMULA M" and also feature the house mark "XYZ LABS" on the packaging for the goods. XYZ may also use the same house mark on the packaging of its other pharmaceutical preparations to indicate that all such goods come from a common source.

In an application for registration of a house mark, the identification of goods may include wording such as "a house mark for...."  As with other applications, these applications must define the type of goods with sufficient particularity to permit proper classification in a single class and to enable the USPTO to make necessary determinations under §2(d) of the Trademark Act, 15 U.S.C.  §1052(d). See TMEP §1401.02(a).

In an application to register a mark as a house mark based on use in commerce, the applicant must demonstrate that the mark is, in fact, used as a house mark.  Therefore, the examining attorney must require that the applicant provide catalogues, or similar evidence showing broad use of the mark, to substantiate this claim. See 37 C.F.R. §2.61(b).  

An intent-to-use applicant who wishes to register a mark as a house mark must clearly indicate its intention to register the mark as a house mark during initial examination, and the circumstances must establish that the applicant’s proposed use of the mark as a house mark is credible.  The nature of the mark and the capacity of the applicant to use the mark as asserted should be considered in determining whether the claim that the mark is to be used as a house mark is credible.  If the applicant indicates such an intention, the examining attorney should advise the applicant that, upon filing of the allegation of use, the applicant will be required to provide evidence to substantiate use as a house mark.  37 C.F.R. §2.61(b). If the applicant cannot do so, the applicant will be required to amend the identification of goods to conform to the usual standards for specificity.

The USPTO will register a mark as a house mark only when evidence shows sufficient use as a house mark.  Therefore, if an applicant seeks to register a house mark in an application under any basis, including §44 or §66(a) of the Trademark Act, the examining attorney must require evidence that the mark is in fact used as a house mark.  This is not a requirement for specimens, but rather a requirement that applicant provide evidence to substantiate the claim of use as a house mark.  37 C.F.R. §2.61(b).  If the applicant cannot do so, the identification of goods must be amended to remove the indication "a house mark for" and the remaining wording must comply with the requirements for sufficient specificity as to such goods.

If an applicant further indicates that its "house mark" is to be used "for a full line" of products, the examining attorney must review both the nature of use of the mark as a house mark as well as the acceptability of the claim of "a full line" by considering the specimens or other evidence of record. See TMEP §1402.03(c) for the requirements for identifications for a "full line of" products. If the record does not support use of the "house mark" on a sufficient number or variety of products in its line, the examining attorney may require applicant to provide evidence in support of a "full line" or amend the identification to identify the goods with the requisite specificity.