Filing Intent to Use for a Trademark

[mr.m0dit]

Hi all,

I am filing for a Trademark(band-name) that is yet to be used, therefore, i need to classify it under Section1(b)-Intend to use. My question is;
If, inside the Trademark description i add a statement such as:

IC 009. US 021 023 026 036 038. G & S:
1) Musical sound recordings; audio-visual recordings, namely, compact discs, tape cassettes, all featuring music;
2) downloadable electronic publications in the nature of books, booklets, magazines, all in the field of music;
3) protective eyewear; sunglasses; eyeglasses;
4) computer carrying cases; wrist rests and supports for computer mouse users;
5) clothing, namely, hats, shirts, scarves and socks;

*the numbering is for demonstration only + i've also shortened the statements for easier reading*

With the above description, when it comes time to submiting the "Statement of Use" as well as the evidence, would my application be refused/canceled/penalized if i had NOT sold (2),(3),(4) but rather only sold (1) and (5)?
I understand i can file for an extension. BUT, if for whatever reason i do not wish to sell those items, can i express this in the "Statement of Use" and not have the application refused?

Thank you very much for your help!

Regards,
Martis

[Mr. Knowitall]

You are speaking only of intent to use? Within that context, you need a good faith or bona fide intent to use the mark on all the goods and/or services listed in your application.

If you still aren't using the mark for certain purposes at the time you submit a use-in-commerce application, but continue to intend to use the mark for those additional purposes, you must clearly identify in your application which goods and/or services are in use and which are intent to use.

You should read this.

[mr.m0dit]

You are speaking only of intent to use? Within that context, you need a good faith or bona fide intent to use the mark on all the goods and/or services listed in your application.

If you still aren't using the mark for certain purposes at the time you submit a use-in-commerce application, but continue to intend to use the mark for those additional purposes, you must clearly identify in your application which goods and/or services are in use and which are intent to use.

You should read this.

Thank you very much! This clarifies things alot for me!
While im here, could you please clearify something else for me? I have been looking at this application: http://tmsearch.uspto.gov/bin/showfi...804:lk0on.2.16

As you can see it only has one class (009) and the core of its description is music based. BUT it also includes misc items like sunglasses, binoculars, etc.
Should those items not have a different class?

Thank you for your help!!!!