UNITED STATES PATENT AND TRADEMARK OFFICEOctober 2017Foreword The Trademark Manual of Examining Procedure (TMEP) may be downloaded free of charge from the United States Patent and Trademark Office (USPTO) website at The Manual is published to provide trademark examining attorneys in the USPTO, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO.
According to Harry Rinker, a noted authority on collectibles, marks were not required on individual pieces of a set. Items imported after about 1914 should be marked with this additional information. The 1921 changes to the Tariff Act required countries to use the American spelling of the name.
 The declaration of net contents represents the quantity at the time of packaging and is subject to enforcement by reference to an average system of quantity control.
 The declaration of drained weight is subject to enforcement by reference to an average system of quantity control.
GENERAL PRINCIPLES3.1 Prepackaged food shall not be described or presented on any label or in any labelling in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect.3.2 Prepackaged food shall not be described or presented on any label or in any labelling by words, pictorial or other devices which refer to or are suggestive either directly or indirectly, of any other product with which such food might be confused, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product.4.
MANDATORY LABELLING OF PREPACKAGED FOODSThe following information shall appear on the label of prepackaged foods as applicable to the food being labelled, except to the extent otherwise expressly provided in an individual Codex standard:4.1 THE NAME OF THE FOOD4.1.1 The name shall indicate the true nature of the food and normally be specific and not generic:220.127.116.11 Where a name or names have been established for a food in a Codex standard, at least one of these names shall be used.18.104.22.168 In other cases, the name prescribed by national legislation shall be used.22.214.171.124 In the absence of any such name, either a common or usual name existing by common usage as an appropriate descriptive term which was not misleading or confusing to the consumer shall be used.126.96.36.199 A coined, fanciful, brand name, or trade mark may be used provided it accompanies one of the names provided in Subsections 188.8.131.52 to 184.108.40.206.4.1.2 There shall appear on the label either in conjunction with, or in close proximity to, the name of the food, such additional words or phrases as necessary to avoid misleading or confusing the consumer in regard to the true nature and physical condition of the food including but not limited to the type of packing medium, style, and the condition or type of treatment it has undergone; for example: dried, concentrated, reconstituted, smoked.4.2 LIST OF INGREDIENTS4.2.1 Except for single ingredient foods, a list of ingredients shall be declared on the label.220.127.116.11 The list of ingredients shall be headed or preceded by an appropriate title which consists of or includes the term ingredient.18.104.22.168 All ingredients shall be listed in descending order of ingoing weight (m/m) at the time of the manufacture of the food.22.214.171.124 Where an ingredient is itself the product of two or more ingredients, such a compound ingredient may be declared, as such, in the list of ingredients, provided that it is immediately accompanied by a list, in brackets, of its ingredients in descending order of proportion (m/m).