Protecting Your Trademark
Basic Facts About Trademarks
United States Patent and Trademark Office
Published on September 2020
ENHANCING YOUR RIGHTS
THROUGH FEDERAL REGISTRATION
Our website resources
trademark
basics
NEW
FILERS
Tools
TESS
TEAS
TSDR
ASSIGNMENTS
TTAB
Protecting Your Trademark
Enhancing Your Rights
Through Federal Registration
United States Patent and Trademark Oce
An Agency of the United States
Department of Commerce
For general information and links to Frequently
Asked Questions, processing timelines, the Trademark
Manual of Examining Procedure (TMEP)
[2]
, and
the Acceptable Identication of Goods and Services
Manual (ID Manual)
[3]
.
Trademark Information Network (TMIN) Videos
[4]
Search pending and registered marks using the
Trademark Electronic Search System (TESS)
[5]
.
File applications and other documents online using the
Trademark Electronic Application System (TEAS)
[6]
.
Check the status of an application and view and
download application and registration records using
Trademark Status and Document Retrieval (TSDR)
[7]
.
Transfer (assign) ownership of a mark to another
entity or change the owner name and search the
Assignments database
[8]
.
Visit the Trademark Trial and Appeal Board (TTAB)
[9]
online.
1
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
CONTENTS
MEET THE USPTO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
TRADEMARK, COPYRIGHT, OR PATENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
CONSIDERATIONS FOR FEDERAL REGISTRATION WHEN SELECTING A MARK . . . . . . . . . . . . . . . . . . . . . . . . 3
TRADEMARK SEARCHING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
HIRING AN ATTORNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SHOULD I REGISTER MY MARK? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
WHAT THE USPTO DOES AND DOES NOT DO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
HOW TO FILE A TRADEMARK APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
WHAT A FILING DATE IS AND HOW IT IS DETERMINED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
WHAT TO INCLUDE IN YOUR APPLICATION TO GET A FILING DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
OWNER (APPLICANT) NAME AND ENTITY TYPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
OWNER DOMICILE AND EMAIL ADDRESSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ATTORNEY NAME AND POSTAL AND EMAIL ADDRESSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
DEPICTION OF THE MARK (“THE DRAWING”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
GOODS/SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
APPLICATION FILING FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
OTHER INFORMATION TO INCLUDE IN THE APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
BASIS FOR FILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
SPECIMEN FOR USE-BASED APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
SIGNATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
WHAT HAPPENS AFTER FILING AND WHAT TO DO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
LEGAL AND PROCEDURAL REVIEW OF APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
PUBLICATION FOR OPPOSITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
WHAT HAPPENS AFTER PUBLICATION? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
REGISTRATION CERTIFICATE ISSUES FOR “USE-IN-COMMERCE” APPLICATION . . . . . . . . . . . . . . . . . . . . . .30
NOTICE OF ALLOWANCE (NOA) ISSUES FOR “INTENT-TO-USE” APPLICATION . . . . . . . . . . . . . . . . . . . . . . .30
HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-USE” APPLICATION . . . . . . . . . . . . . . . . . . .30
MAINTAINING A FEDERAL TRADEMARK REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
FEES FOR FILING TRADEMARK-RELATED DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
FOR MORE INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
SECTION 1(B) TIMELINE: APPLICATION BASED ON “INTENT-TO-USE” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
LINK DIRECTORY FOR PRINTED MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
MEET THE USPTO
e United States Patent and Trademark Oce (USPTO) is a fee-funded agency of the U.S.
Department of Commerce. e role of the USPTO is to grant patents for the protection of
inventions and to register trademarks and service marks for products and services, respectively.
It serves the interests of small and large businesses as well as consumers, and helps strengthen the
economy by promoting the industrial and technological progress of the nation.
e Commissioner for Trademarks heads the trademark organization and ensures that the
USPTO properly examines trademark applications and grants registrations when applicants are
entitled to them; records ownership changes of trademarks; maintains search les and records of
U.S. trademarks; and publishes and disseminates trademark information through resources such
as this “Basic Facts About Trademarks” booklet.
2 3
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
TRADEMARK, COPYRIGHT, OR PATENT
What is a trademark or service mark?
• A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that
identies and distinguishes the source of the goods of one party from those of others.
• A service mark is the same as a trademark, except that it identies and distinguishes the
source of a service rather than goods. roughout this booklet, the terms “trademark” and
“mark” refer to both trademarks and service marks.
Do trademarks, copyrights, and patents protect the same things?
No. Trademarks, copyrights, and patents protect dierent types of intellectual property.
A trademark typically protects brand names and logos used on goods and services. A copyright
protects an original artistic or literary work. A patent protects an invention. For example, if you
invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.
You would apply to register a trademark to protect the brand name of the vacuum cleaner. And
you might register a copyright for the TV commercial that you use to market the product.
For copyright information, go to copyright.gov
[10]
. For patent information, go to
uspto.gov/patents
[11]
.
To help evaluate your overall awareness of intellectual property knowledge and to provide access
to additional educational materials based on the assessment results, please use the Intellectual
Property Awareness Assessment tool
[12]
.
How do domain names, business name registrations, and trademarks dier?
A domain name is part of a web address that links to the internet protocol address (IP address) of
a particular website. For example, in the web address “http://www.uspto.gov,” the domain name is
“uspto.gov.” You register your domain name with an accredited domain name registrar, not
through the USPTO. A domain name and a trademark dier. A trademark identies goods or
services as being from a particular source. Use of a domain name only as part of a web address
does not qualify as source-indicating trademark use, though other prominent use apart from the
web address may qualify as trademark use. Registration of a domain name with a domain name
registrar does not give you any trademark rights. For example, even if you register a certain
domain name with a domain name registrar, you could later be required to surrender it if it
infringes someone else’s trademark rights.
Similarly, use of a business name does not necessarily qualify as trademark use, though other use
of a business name as the source of goods or services may qualify it as both a business name and a
trademark. Many states and local jurisdictions register business names, either as part of obtaining
a certicate to do business or as an assumed name ling. For example, in a state where you will
be doing business, you might le documents (typically with a state corporation commission or
state division of corporations) to form a business entity, such as a corporation or limited liability
company. You would select a name for your entity, for example, XYZ, Inc. If no other company
has already applied for that exact name in that state and you comply with all other requirements,
the state likely would issue you a certicate and authorize you to do business under that name.
However, a state’s authorization to form a business with a particular name does not also give you
trademark rights and other parties could later try to prevent your use of the business name if they
believe a likelihood of confusion exists with their trademarks.
CONSIDERATIONS FOR FEDERAL REGISTRATION WHEN
SELECTING A MARK
Once you determine that the type of protection you need is, in fact, trademark protection, then
selecting a mark is the very rst step in the overall application/registration process. is must be
done with thought and care, because not every mark is registrable with the USPTO. Nor is every
mark legally protectable. at is, some marks may not be capable of serving as the basis for a legal
claim by the owner seeking to stop others from using a similar mark on related goods or services.
Businesses and individuals new to trademarks and the application/registration process oen
choose a mark for their product or service that may be dicult or even impossible to register and/
or protect for various reasons. Before ling a trademark/service mark application, you should
consider (1) whether the mark you want to register is registrable, and (2) how dicult it will be
to protect your mark based on the strength of the mark selected. Note in this regard that the
USPTO only registers marks. You, as the mark owner, are solely responsible for enforcement.
Below are some factors to consider when choosing a mark. While the USPTO can provide
the following general guidance, the agency does not advise you in advance of your ling an
application whether your specic mark is registrable.
Likelihood of Confusion with Other Marks
e USPTO examines every application for compliance with federal law and rules. e most
common reason to refuse registration is a “likelihood of confusion” between the mark of the
applicant and a mark already registered or in a prior-led pending application owned by another
party. e USPTO determines that a likelihood of confusion exists when both (1) the marks are
similar, and (2) the goods and/or services of the parties are related such that consumers would
mistakenly believe they come from the same source. Similar marks or related goods/services by
themselves are not enough to support a nding of a likelihood of confusion, unless a court has
held that the mark is actually a famous mark. at is, generally two identical marks can coexist,
so long as the goods and services are not related.
Each application is decided on its own facts and no simple mechanical test is used to determine
whether a likelihood of confusion exists. erefore, before ling your non-refundable
application, it is very important for you to determine whether your proposed mark is likely to
cause confusion with another mark. is determination can be made only aer doing a thorough
trademark search, as discussed below.
4 5
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Similarity of Marks
To determine whether a likelihood of confusion exists, the marks are rst examined for their
similarities and dierences. Note that in order to nd a likelihood of confusion, the marks do not
have to be identical. When marks sound alike when spoken, are visually similar, have the same
meaning (even if in translation), and/or create the same general commercial impression in the
consuming public’s mind, the marks may be considered confusingly similar. Similarity in sound,
appearance, and/or meaning may be sucient to support a nding of likelihood of confusion,
depending on the relatedness of the goods and/or services.
e following are examples of marks that would be considered similar:
Sound
Although spelled dierently, the marks sound alike; i.e., they are “phonetic equivalents.”
Appearance
e marks look very similar, even though the one on the right uses a stylized font.
Meaning
e marks are similar because, when the Italian word “LUPO” is translated into English, it means
“WOLF.”
Commercial Impression
Because the marks include the same design element, they create a similar overall commercial
impression, even though the one on the right also includes words plus the design.
e marks convey a similar general meaning and produce the same mental reaction.
6 7
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Relatedness of Goods and/or Services
Even if two marks are found to be confusingly similar, a likelihood of confusion will exist
only if the goods and/or services upon which or in connection with the marks are used are, in
fact, related. Whether the goods and/or services are related is determined by considering the
commercial relationship between the goods and/or services identied in the application with
those identied in the registration or earlier-led application. To nd relatedness between goods
and/or services, the goods and/or services do not have to be identical. It is sucient that they
are related in such a manner that consumers are likely to assume (mistakenly) that they come
from a common source. e issue is not whether the actual goods and/or services are likely to be
confused but, rather, whether a likelihood of confusion would exist as to the source of the goods
and/or services.
e following are examples of related goods and/or services:
Goods
Services
Goods and Services
Strong v. Weak Marks
In addition to selecting a mark that is not likely to be confused with any pre-existing marks, it is
in your best interest to select a mark that is considered “strong” in a legal or trademark sense, i.e.,
a mark that will most easily allow you to prevent third-party use of your mark. Some marks are
easier to protect than others and these are considered “strong” marks.
On the other hand, if a mark is “weak,” it most likely is descriptive and others are already using
it to describe their goods or services, making it dicult and costly to try to police and protect.
Weak marks should be avoided; they simply do not have the same legal protections of a stronger
and more distinctive mark.
Generally, marks fall into one of four categories: fanciful or arbitrary, suggestive, descriptive, or
generic. e category your mark falls into will signicantly impact both its registrability and your
ability to enforce your rights in the mark.
e strongest and most easily protectable types of marks are fanciful marks and arbitrary marks,
because they are inherently distinctive. Fanciful marks are invented words with no dictionary
or other known meaning. Arbitrary marks are actual words with a known meaning that have no
association/relationship with the goods protected. Fanciful and arbitrary marks are registrable
and, indeed, are more likely to get registered than are descriptive marks. Moreover, because these
types of marks are creative and unusual, it is less likely that others are using them.
Examples of fanciful and arbitrary marks:
Fanciful: BELMICO for “insurance services”
Arbitrary: BANANA for “tires”
Suggestive marks suggest, but do not describe, qualities or a connection to the goods or services.
Suggestive marks are registrable and are also considered “strong” marks. If you do not choose a
fanciful or arbitrary mark, a suggestive mark is your next best option.
Examples of suggestive marks:
QUICK N’ NEAT for “pie crust”
GLANCE-A-DAY for “calendars”
Descriptive marks are words or designs (e.g., depiction of a television for “television repair
services”) that describe the goods and/or services. Such marks are generally considered
“weaker” and therefore more dicult to protect than fanciful and arbitrary marks. If the
USPTO determines that a mark is “merely descriptive,” then it is not registrable or protectable
on the Principal Register unless it acquires distinctiveness-- generally through extensive use in
commerce over a ve-year period or longer. Descriptive marks are considered “weak” until they
have acquired distinctiveness.
8 9
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Applicants oen choose (frequently at the suggestion of marketing professionals) descriptive
marks for their goods and/or services, believing that such marks reduce the need for expensive
consumer education and advertising because consumers can immediately identify the product
or service being oered directly from the mark. is approach, while perhaps logical marketing
advice, oen leads to marks that cannot be easily protected, i.e., to extremely weak trademark
rights. at is, a descriptive mark may not be registrable or protectable against later users of
identical or similar marks; therefore, adoption of a descriptive mark may end up costing more
money in the long term, either due to higher costs to try to police and enforce such a mark, or
because it may be legally necessary to stop using the descriptive mark and select a new mark.
Examples of descriptive marks:
CREAMY for “yogurt”
WORLD’S BEST BAGELS for “bagels”
Generic words are the weakest types of “marks” (and cannot even qualify as “marks” in the legal
sense) and are never registrable or enforceable against third parties. Because generic words
are the common, everyday name for goods and services and everyone has the right to use such
terms to refer to their goods and services, they are not protectable. Be aware that if you adopt a
generic term to identify your goods or services, you will not be able to prevent others from using
it to identify potentially competing products or services. In addition, even a fanciful mark that
is very strong can, over time, become generic if the owner either starts using the mark in a non-
trademark manner (see ESCALATOR and ASPIRIN examples, below) or fails to police use of
its mark properly and take appropriate action. Without proper policing over time, the original
owner of a mark could lose any trademark rights it has in the mark.
Examples of generic marks:
Applied-for trademarks that would be considered generic at the time of ling because they
are the name of the good or product oered by the service:
BICYCLE for “bicycles” or “retail bicycle stores”
MILK for “a dairy-based beverage”
Trademarks that eventually became generic because of long-term widespread, non-
trademark use:
ESCALATOR for “moving staircases,” ASPIRIN for “pain relief medication”
Other Potential Grounds for the USPTO to Refuse Registration
e USPTO will also refuse registration of a proposed mark for many other reasons, including if
the mark is:
• A surname
• Geographically descriptive of the origin of the goods/services
• A foreign term that translates to a descriptive or generic term
• An individual’s name or likeness
• e title of a single book and/or movie
• A matter that is used in a purely ornamental manner.
While some of these refusals are an absolute bar to registration, you may overcome others by
providing evidence under certain circumstances. For more information about these and other
possible refusals, see Trademark Manual of Examining Procedure (TMEP) Chapter 1200
[13]
.
Other Factors in Selecting a Mark
You should also consider other important factors when selecting your mark, such as whether the
public is likely to be able to remember, pronounce, and spell the selected mark. If you plan to
market your goods or services outside the United States under the same mark, consider whether
the U.S. mark might have another meaning when translated into a foreign language, particularly
if, for example, the translated word could be considered oensive.
10 11
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
TRADEMARK SEARCHING
Why should I do a trademark search?
Conducting a complete search of your mark before ling an application is very important
because the results may identify potential problems, such as a likelihood of confusion with a
prior registered mark or a mark in a pending application. A search could save you the expense of
applying for a mark in which you will likely not receive a registration because another party may
already have stronger rights in that mark. Also, the search results may show whether your mark
or a part of your mark appears as generic or descriptive wording in other registrations, and thus is
weak and/or dicult to protect.
Where do I search?
e USPTO oers a free search system known as TESS (Trademark Electronic Search System)
[5]
,
available 24-7 . e TESS Help Page
[14]
includes information, with some sample search strategies,
on how to search the USPTO’s database of registered and prior pending applications to help
determine whether any marks therein could prevent registration of your mark due to a likelihood
of confusion. e USPTO will not search your mark for you prior to your ling an application.
Aer ling and as part of the examination of your application, the USPTO will conduct a search
of your mark and will let you know the results of that search. If the USPTO nds another
registered mark or earlier-led pending mark confusingly similar to yours for related goods/
services, it will refuse to register your mark.
Alternatively, you can search the TESS database at a Patent and Trademark Resource Center
(PTRC). e USPTO website contains information about PTRC locations in your state
[15]
.
Be aware that any searches you conduct on TESS are limited to the USPTO’s database of federal
trademark applications and registrations and do not include the marks of other parties who may
have trademark rights but no federal registration. ese rights, known as “common law” rights,
are based solely on use of the mark in commerce within a particular geographic area. Common
law rights may be stronger than those based on a registration, if the common law use is earlier
than the use that supports the registration. erefore, it is critical to learn whether superior
common law rights exist, by searching the Internet for websites and articles that reference similar
marks that are related to your goods and services. You should also search state trademark
databases and business name databases. Because searching is very complex, you should seriously
consider hiring a trademark attorney to assist you with a “full” or “comprehensive” trademark
search, as discussed below.
HIRING AN ATTORNEY
When you engage in the trademark application process or bring matters before the Trademark
Trial and Appeal Board (TTAB), you are involved in a legal proceeding. ese proceedings
require you to comply with U.S. trademark laws and rules. An attorney who is licensed to practice
law in the United States and specializes in trademark law can help you navigate these proceedings.
Must I hire an attorney to handle my trademark matters at the USPTO?
You are required to have a U.S.-licensed attorney represent you in trademark matters at the
USPTO if your domicile is not located in the United States or its territories. A person’s
domicile is the place the person resides and intends to be the person’s principal home. A
business’s domicile is the location of its headquarters where the entity’s senior executives or
ocers ordinarily direct and control the entity’s activities and is usually the center from where
other locations are controlled.
Only an attorney who is an active member in good standing of the bar of the highest court of any
U.S. state (including the District of Columbia or any Commonwealth or territory of the U.S.) can
represent you in a trademark matter at the USPTO. Foreign attorneys who are not licensed to
practice law in the U.S. and non-attorneys cannot represent you (including preparing, signing, or
ling submissions for you) in a trademark matter at the USPTO.
Once you hire an attorney, the USPTO will only communicate with your attorney about your
application, registration, or TTAB proceeding.
What are the benets of having an attorney represent me?
A U.S.-licensed attorney who specializes in trademark law can provide valuable legal advice about
many important issues and help you before, during, and aer the trademark application process.
Before you le your application with the USPTO, an attorney may save you from future costly
legal problems by conducting a comprehensive search of federal registrations, state registrations,
and “common law” unregistered trademarks to determine if your chosen mark is available for use
and if it is eligible for federal registration. Comprehensive searches are important because other
trademark owners may have protected legal rights in trademarks similar to your chosen mark,
even though they are not federally registered. Such unregistered trademarks will not appear in the
USPTO’s Trademark Electronic Search System (TESS) database, but could still ultimately prevent
you from using your chosen mark even if the USPTO registers your mark.
When you le your application, an attorney can help you navigate the registration process to
provide optimal protection of your trademark rights. For example, an attorney can determine
the appropriate ling basis for your application, accurately identify and classify your goods and
services, select an appropriate specimen that shows your mark as used in commerce, and prepare
responses to any refusals to register your mark that a USPTO examining attorney may issue.
12 13
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Although a USPTO examining attorney can provide information about the federal registration
process, USPTO employees cannot give you legal advice.
An attorney also can help you understand the scope of your trademarks rights and advise you on
the best way to police and enforce those rights. For instance, if other trademark owners challenge
your application or registration, or allege that you are infringing on their marks, an attorney can
advise you on what to do and defend your case.
How do I nd a U.S.-licensed trademark attorney?
To nd an attorney who can represent you before the USPTO, consult U.S. telephone listings
or the internet. You can also contact the attorney referral service of a U.S. state bar or U.S. local
bar association (see the American Bar Association’s Consumer’s Guide to Legal Help
[16]
for
more information). Make sure that any attorney you hire has experience prosecuting trademark
applications before the USPTO. e USPTO cannot help you select an attorney or recommend
one.
Are there free or reduced-fee legal services?
e USPTO’s Law School Clinic Certication Program
[17]
allows law students enrolled in a clinic
program to practice intellectual property law before the USPTO under the strict guidance of a law
school faculty clinic supervisor.
e American Bar Association posts a list of Pro Bono IPL Resources in the United States
[18]
.
e International Trademark Association (INTA) has also established the INTA trademark pro
bono clearinghouse pilot program
[19]
.
SHOULD I REGISTER MY MARK?
Is federal registration of my mark required?
No. In the United States, parties are not required to register their marks to obtain protectable
rights. You can establish “common law” rights in a mark based solely on use of the mark in
commerce, without a registration. However, owning a federal trademark registration on the
Principal Register provides a number of signicant advantages over common law rights alone,
including:
• A legal presumption of your ownership of the mark and your exclusive right to use the mark
nationwide on or in connection with the goods/services listed in the registration (whereas a
state registration only provides rights within the borders of that one state, and common law
rights exist only for the specic area where the mark is used);
• Public notice of your claim of ownership of the mark;
• Listing in the USPTO’s online databases;
• e ability to record the U.S. registration with U.S. Customs and Border Protection to prevent
importation of infringing foreign goods;
• e right to use the federal registration symbol “
®
”;
• e ability to bring an action concerning the mark in federal court; and
• e use of the U.S. registration as a basis to obtain registration in foreign countries.
When can I use the trademark symbols TM, SM, and
®
?
Each time you use your mark, it is best to use a designation with it. If registered, use an
®
aer
the mark. If not yet registered, use TM for goods or SM for services, to indicate that you have
adopted this as a trademark or service mark, respectively, regardless of whether you have led
an application with the USPTO. You may only use the registration symbol with the mark on or
in connection with the goods/services listed in the federal trademark registration. However, no
specic requirements exist as to the precise use of the “
®
” symbol as to placement, e.g., whether
used in a subscript or superscript manner. Note: Several foreign countries use “
®
” to indicate
that a mark is registered in that country. Use of the symbol by the holder of a foreign registration
may be proper.
14 15
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
WHAT THE USPTO DOES AND DOES NOT DO
What does the USPTO do?
e USPTO reviews trademark applications and determines whether the applied-for mark
meets the requirements for federal registration. USPTO employees will answer general questions
about the application process at no charge. Contact the Trademark Assistance Center (TAC) at
TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199. Note: e USPTO cannot provide
any sort of information in the nature of “legal advice.” For legal advice, please consider contacting
an attorney who specializes in intellectual property.
What does the USPTO not do?
e USPTO does not:
• Decide whether you have the right to use a mark (which diers from the right to register). No
law requires that you federally register your mark in order to acquire rights in the mark;
• Enforce your rights in the mark or bring legal action against a potential infringer;
• Conduct trademark searches for the public;
• Comment on the validity of registered marks;
• Assist you with policing your mark against infringers;
• Assist you with recordation of your mark with U.S. Customs and Border Protection;
• Answer questions prior to ling on whether a particular mark or type of mark is eligible for
trademark registration; or
• Oer legal advice or opinions about common law trademark rights, state registrations, or
trademark infringement claims.
HOW TO FILE A TRADEMARK APPLICATION
How do I le my trademark application and related documents?
You must le your trademark application and all related documents online using the Trademark
Electronic Application System (TEAS)
[6]
. Electronic ling using TEAS is mandatory for all
lers, except in rare circumstances. To use TEAS, you must rst set up a USPTO.gov account
[20]
.
TEAS is generally available 24 hours a day, seven days a week. You can receive a ling date for
a particular date until midnight Eastern Time on that date. Find out the current status of TEAS
online and about when planned TEAS maintenance outages will occur in the “USPTO Systems
Status and Availability
[21]
” page. Read about what to do if you need to le a document with us
during an unplanned TEAS outage in “Filing documents during an outage
[22]
”.
Which TEAS initial trademark application ling option should I use?
Our TEAS initial trademark application has two ling options: TEAS Plus and TEAS Standard.
e fees and requirements dier depending on the ling option. You select a ling option based
on which requirements you meet.
How do the TEAS Plus and TEAS Standard application ling options dier?
TEAS Plus
is ling option has the lower ling fee per class of goods or services, and requires more
detailed information at ling. For example, you must include the following information in your
application, among other things:
• Your goods and services chosen from the USPTO’s Acceptable Identication of Goods and
Services Manual (ID Manual)
[3]
• At least one complete ling basis
• Other mark-related information (e.g., a description of the mark and an English translation of
any foreign wording in the mark)
• If your application does not meet all of the TEAS Plus ling requirements, you will be
required to pay an additional per class processing fee. From then on, your application will be
handled as a TEAS Standard ling option.
TEAS Standard
is ling option has the higher ling fee per class of goods or services, and has fewer initial
requirements than TEAS Plus. For example, you may write your own descriptions of your goods
and services, instead of only using ID Manual entries.
To nd out more information about TEAS Plus and TEAS Standard ling options, see Trademark
Initial Application Forms
[23]
.
16 17
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
May I le other than by using TEAS?
In most situations, no. Only in very rare situations will ling by other means be permitted, such
as on petition in extraordinary circumstances. To nd out if you qualify for ling other than by
using TEAS, see “Filing documents during an outage
[22]
”.
WHAT A FILING DATE IS AND HOW IT IS DETERMINED
When a submitted TEAS application reaches our server, we assign it a ling date and time using
Eastern Time. e ling date is important because it generally gives your application priority in
examination over applications with a later ling date. So, if an application led aer yours has a
trademark that is likely to cause confusion with your trademark, that application will be put “on
hold,” which we call “suspended,” and prevented from moving forward until yours either registers
or goes abandoned.
Qualifying for a ling date for your application does not mean your trademark will be registered.
You must comply with all application requirements and overcome any refusals that we issue
during examination. Your application must also successfully overcome any challenges led by
third parties in any opposition proceedings.
WHAT TO INCLUDE IN YOUR APPLICATION TO GET A FILING DATE
e “owner” listed below refers to the trademark owner.
• Owner (“applicant”) name and entity type
• Owner address
• Owner email address
• Attorney name and postal and email addresses, if applicant has an attorney
• Depiction of trademark (“the drawing”)
• Goods and/or services
• Application ling fee for one class of goods/services
OWNER (APPLICANT) NAME AND ENTITY TYPE
e application must state the trademark owner’s legal name and whether the owner is an
individual, sole proprietor, corporation, partnership, LLC, or other entity type. e owner of
the trademark is the person or entity that controls the nature and quality of the goods/services
provided under the trademark. e owner is not necessarily the name of the person lling out the
application.
Must I be a U.S. citizen to apply?
No. However, if you don’t have a domicile in the United States, you are required to have a U.S.-
licensed attorney represent you in all trademark matters at the USPTO. See the “HIRING AN
ATTORNEY” section on page 11 for more information.
OWNER DOMICILE AND EMAIL ADDRESSES
e applicant’s address and email address must be provided in the initial application. is
is a minimum ling requirement. We will issue ocial letters and notices to you about your
application by email. We are not responsible if you do not receive USPTO correspondence
because of your security, anti-spam soware, or any problems within your email system. You can
always view all USPTO correspondence related to your application online using the Trademark
Status and Document Retrieval (TSDR) system
[7]
.
Changes of Address
You must keep your mailing and email addresses up to date with us. Make any changes of address
to your application using the TEAS Change of Address or Representation form
[24]
.
Warning for privacy concerns
Except for payment information, all personal information you submit to the USPTO, including
your domicile address, email address, and telephone number, will become part of a public record
viewable on our website, as well as other websites that index USPTO data, such as Google®. While
providing your telephone number will help us communicate with you and could speed up the
processing of your application, it is not required information. If you want to hide your domicile
address from public view, you must provide a mailing address that diers from your domicile
address that can be publicly viewable, and you must provide this address information in the initial
application forms and the “Change of Address or Representation” form only, using the correct
data elds in the “Owner Information” section. All other forms will make this data public.
Non-USPTO communications about your trademark
Solicitations
ird-party websites and internet search engines may post your USPTO application information
online as part of a legitimate service. Companies not associated with the USPTO, however, may
mail or email you misleading oers and notices concerning your trademark application that look
very ocial. ese companies oen use names similar to the USPTO, for example, the terms
“United States” or “U.S.” combined with “trademark.” e notices oen mimic the look of ocial
government documents by emphasizing ocial government data, such as the USPTO application
serial number, the international class(es), and ling dates. Many refer to other government
agencies and include legal-looking references. Most require “fees” to be paid.
18 19
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
You do not need to respond to these solicitations, even if they indicate there is a looming deadline
at the USPTO. You may separately conrm a USPTO deadline directly on our website (see section
“How do I check the status of my application?”). Keep in mind that all ocial correspondence
from the USPTO will only be from the “United States Patent and Trademark Oce” located
in Alexandria, VA, and from the email domain “@uspto.gov.” Read trademark-related
communications carefully before determining whether you need to respond.
Letters claiming trademark infringement
If another trademark owner believes you don’t have the right to use your trademark, you could
receive a “cease-and-desist” letter that:
• Demands you immediately stop using your trademark because of what the letter may allege is
unlawful or infringing use
• Says you could face possible legal action if you don’t stop using your trademark.
is is a serious matter. We strongly encourage you to hire an attorney in this situation, if you
don’t already have one representing you. See the “HIRING AN ATTORNEY” section on page
11 for more information.
ATTORNEY NAME AND POSTAL AND EMAIL ADDRESSES
If you have an attorney handling the ling of your application at the USPTO, the attorney’s name,
postal and email addresses must be provided. You are only required to have a U.S.-licensed
attorney represent you in your trademark matter at the USPTO if your domicile (the place a
person resides and intends to be the person’s principal home or the principal place of business;
i.e., headquarters, where a juristic entity applicant’s senior executives or ocers ordinarily direct
and control the entity’s activities) is not located in the United States. See the “HIRING AN
ATTORNEY” section on page 11 for more information.
DEPICTION OF THE MARK (“THE DRAWING”)
Every application must include a clear image of one mark (“the drawing”). If you have variations
on the mark that you wish to register, each requires its own separate application and fee. e
USPTO uses the drawing to upload the mark into the USPTO search database and to print the
mark in the Ocial Gazette (OG) and on the registration certicate. ere are two types of
drawings: “standard character” and “special form.”
What is a “standard character” drawing?
A standard character drawing is commonly submitted when your mark consists solely of words,
letters, or numbers. Since not limited to a specic font, style, size, or color, the standard character
drawing gives you broader protection than a special form drawing. It must have the following
characteristics:
• No design element;
• No stylization of lettering and/or numbers;
• Any letters and words in Latin characters;
• Any numbers in Roman or Arabic numerals;
• Only common punctuation or diacritical marks.
NOTE: e USPTO has created a standard character set
[25]
that lists letters, numerals, punctuation
marks, and diacritical marks that may be used in a standard character drawing.
How do I le a standard character drawing?
TEAS generates a standard character drawing for you, based on the information you enter on the
form under “enter the mark here.”
What is a “special form” drawing?
If your mark includes a design or logo, alone or with wording, or if the particular style of lettering
or particular color(s) is important, you must select the “special form” drawing format. If you are
seeking registration of a word(s) combined with a design element, the drawing must depict both
the word(s) and the design element combined as one image.
How do I le a “special form” drawing?
You must upload an image of your mark into the TEAS form. e mark image must be in .jpg
format and should have minimal white space surrounding the design of the mark. Mark images
should not include the trademark, service mark or registration symbols (TM, SM,
®
). Unless a
color image is being submitted for a mark wherein color is claimed as a feature of the mark, the
mark image should be black and white.
20 21
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Should I submit a black-and-white drawing or a color drawing?
Generally, you may submit a black-and-white drawing even if you use your mark in color, because
a black-and-white drawing covers use of your mark in any color. However, if it is important that
your customers associate specic colors in your mark with your product, you may wish to limit
your mark and claim those colors as part of your mark. If you do submit a color claim, then you
must also submit a color drawing of your mark that matches the colors you are claiming.
What are the requirements if I submit a color drawing?
You must submit the following: (1) a “color claim” naming the color(s) and stating that the
color(s) is a feature of the mark, and (2) a separate statement describing the mark and stating
where the color(s) appears in the mark.
GOODS/SERVICES
What is the dierence between goods and services?
Goods are products, such as bicycles or candles. Services are activities performed for the benet
of someone other than you or your company, such as bicycle repair services or catering.
e dierence between goods and services can sometimes be confusing. Are your customers
paying you to receive a product or to receive a specic activity? If your customers are paying you
for a product, such as a bicycle, then you have a good. However, if your customers are paying you
to perform an activity, such as repairing a bicycle, then you have a service.
You may list both goods and services in an application.
What goods and services should I list?
You must list the specic goods and/or services you are using or will use with the trademark
you want to register. If your application is based on “use in commerce,” you must be using the
trademark in commerce for all the goods and/or services listed in your application. If your
application is based on a “bona de intent to use the mark,” you must have a good faith or bona
de intent to use the trademark on all the goods and/or services listed.
How do I accurately list my goods and services?
Use our searchable Acceptable Identication of Goods and Services Manual (ID Manual)
[3]
to
nd acceptable wording to describe your goods and/or services in the application. All goods
and services in the ID Manual are assigned numbered categories called “international classes.”
ere are 45 international classes: classes 1-34 are for goods and classes 35-45 are for services.
Review our list of the international classes
[26]
to learn what types of goods and services fall under
each class. is list is intended to help you correctly identify how to describe your goods and/or
services.
Do not use the international class headings to describe your goods and/or services in the
application. ese headings are too broad to identify specic goods and services, and so are not
acceptable for that purpose.
Also, remember that although we use an international classication system, we provide federal
registration; your trademark rights only extend to the 50 U.S. states and territories.
Why is it important to accurately describe my goods and/or services?
Failing to accurately identify your goods and/or services could prevent registration of your
trademark because you’ll be required to submit a sample of how you are using your mark with the
goods/services you list on the application. If you are unable to show use for those goods and/or
services, your application may be refused. In such case, you would not be refunded any ling fees.
If the ID Manual does not contain an accurate listing for your goods and/or services, don’t select
an entry that seems close. Instead, dra your own identication, describing your goods and/
or services using clear, concise terms that the general public would easily understand. Don’t use
industry-specic wording. If you list vague terms that do not identify recognizable goods or
services, such as “miscellaneous services” or “company name,” your application will be considered
void, it will not be examined or registered, and you will have to le a new application.
If you apply using the TEAS Plus form, you must choose your goods and/or services from the
ID Manual. So, check the ID Manual prior to lling out the application to make sure your goods
and/or services are listed. If you can’t nd an ID Manual entry appropriate for your goods and/or
services, don’t use the TEAS Plus form; use the TEAS Standard form instead.
May I change my goods and services aer I le my application?
In some ways, yes. You may delete goods and/or services from the application. And you may
clarify or limit goods and/or services. But you may not expand or broaden goods and/or services.
For example, if you initially listed “shirts” as your goods in the application, you could later limit
these to specic types of shirts, such as “t-shirts and polo shirts.” You may not later change “shirts”
to “pants.” Likewise, if you initially led for “jewelry,” you may limit the goods to specic types of
jewelry, such as “jewelry, namely, earrings.” You may not change “jewelry” to “jewelry boxes” or to
a service, such as “jewelry stores.”
22 23
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
APPLICATION FILING FEE
Application ling fees are based on the type of initial application ling option used (TEAS Plus
or TEAS Standard) and the number of international classes of goods and/or services in the
application. Each class of goods and/or services in your application requires its own ling fee. You
may have multiple international classes in your application; you may have only one trademark per
application.
ere are additional fees depending on the ling basis of your application: intent-to-use
applications have more required submissions and fees aer initial submission. Check current fee
amounts to know what an application may cost at the Trademark fee information page
[27]
.
If you le a TEAS Plus application and do not satisfy all the application requirements for that
ling option, you must submit an additional processing fee per class of goods and/or services.
From that point onward, your application will be treated as a TEAS Standard application, with
associated TEAS Standard fees.
Filing fees are generally not refundable. ese fees cover our processing of your application and
related submissions. If your application meets the initial ling requirements but is later refused on
legal grounds during the examination process, the USPTO will normally not refund any fees.
OTHER INFORMATION TO INCLUDE IN THE APPLICATION
Besides ling date requirements, there are other application requirements; for example, a basis for
ling your application and a specimen for use-based applications, among other things. e proper
person must sign the application.
BASIS FOR FILING
e application must specify your “basis” for ling. Most U.S. applicants base applications on
either their current use of the mark in commerce or their intent to use the mark in commerce in
the future.
How do “use-in-commerce” and “intent-to-use” applications dier?
Under either basis, prior to registration you must show use of the mark in commerce in
connection with all the goods/services listed in your application by submitting an acceptable
specimen. e basic dierence between these two ling bases is when you start to use your
mark. If you have already made use with all the listed goods/services, you may le under the
“use-in-commerce” basis. If not, but you intend to use it in the future, you must le under the
“intent-to-use” basis. at basis requires ling a later form and fee once you begin use. For more
information, see “HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-USE”
APPLICATION” on page 30. It is also possible to le an application wherein some of the
goods/services are in use and others are intent to use, but the application must clearly identify
this.
What is a “use-in-commerce” basis?
For applications led under the use-in-commerce basis, you must be using the mark in the sale or
transport of goods or the rendering of services in “interstate” commerce between more than one
state or U.S. territory, or in commerce between the U.S. and another country. For goods, the mark
must appear on the goods (e.g., tags or labels), the container for the goods, or displays associated
with the goods. For services, the mark must be used in the sale or advertising of the services.
How do I establish my “use-in-commerce” basis?
• Provide the date of rst use of the mark anywhere and the date of rst use of the mark
in commerce.
• Submit a specimen (example) showing how you use the mark in commerce. See the
“SPECIMEN FOR USE-BASED APPLICATIONS” section on page 24.
How do “date of rst use anywhere” and “date of rst use in commerce” dier?
e date of rst use anywhere is the date on which the goods were rst sold or transported or the
services were rst provided under the mark even if that use was only local. e date of rst use in
commerce is the date on which the goods were rst sold or transported or the services were rst
provided under the mark between more than one state or U.S. territory, or in commerce between
the U.S. and another country. e date of rst use anywhere must be the same as or earlier than
the date of rst use in commerce.
What is an “intent-to-use” basis?
If you have not yet used the mark but plan to do so in the future, you may le based on a good
faith or bona de intent to use the mark in commerce. A bona de intent to use the mark is more
than an idea and less than market ready. For example, having a business plan, creating sample
products, or performing other initial business activities may reect a bona de intent to use.
Is there any other possible ling basis?
Yes. Based on international agreements/treaties, an owner may le an application in the U.S.
based on a foreign application/registration issued by another country (a “Section 44” application).
Also, a foreign owner may le an international application in its home country and request an
extension of protection to the U.S. (a “Section 66(a)” application). See Trademark Manual of
Examining Procedure (TMEP) Chapters 1000
[28]
and 1900
[29]
for more information.
How do I protect my mark outside the United States?
A USPTO registration is eective only in the U.S., even though the goods/services are assigned
an “international” classication number. If aer ling a U.S. application you want to protect your
mark outside the U.S., you may le an international application or le directly in that country.
For more information about protecting your mark under the Madrid Protocol, see the Madrid
Protocol
[30]
page, under laws and regulations at the USPTO Trademarks site.
24 25
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
SPECIMEN FOR USE-BASED APPLICATIONS
What is a “specimen” of use and how does it dier from the “drawing”?
A specimen is a real-life sample of how you are actually using your trademark in commerce with
your goods or services. It is not the same as a drawing. A drawing shows only the trademark you
want to register, whereas the specimen shows your trademark as purchasers would encounter it
in the marketplace (e.g., a specimen shows the mark on the entire product and/or packaging or
shows a web page featuring the mark to advertise services).
What is a proper specimen for goods (products)?
A specimen for goods could show the trademark on or attached to the goods themselves or on
packaging for the goods. For example, your specimen could be a photograph of the goods with a
tag or label attached or a photograph of packaging showing your trademark. A display specimen
would show the mark near a picture or textual description of the goods and identify how to
purchase.
e specimen may not be a digitally-altered image or photograph, computer illustration, artist’s
rendering, or similar mock-up of these items. It must be a photograph of the actual product or
packaging that is being sold to customers.
A specimen that shows use in a purely ornamental or decorative manner is likely not an
acceptable specimen. For example, a slogan or logo emblazoned across the front of a t-shirt,
hat, or tote bag would not be acceptable because consumers would likely perceive this as merely
an ornamental or decorative element rather than the source indicator of the shirts, hat, or tote
bag. However, consumers may perceive a small word or design on such goods, like a discrete
animal logo on a shirt front pocket, as a trademark. A photograph of this use would likely be an
acceptable specimen.
Acceptable Specimen
Not Acceptable Specimen
Is my web page a proper specimen for goods?
In some cases, yes. If your web page shows a photo of your goods or its packaging with your
trademark on either the goods or its packaging, then your web page is generally acceptable as a
specimen.
Your web page can also be a proper specimen if it shows your trademark directly associated with
your goods and is of a point-of-sale nature. In this case, the specimen would need to show:
• e trademark displayed near a picture or textual description of the goods (trademark
directly associated with the goods)
• Purchasing information to allow customers to buy the goods from the site (point-of-sale
nature)
For all web page specimens, you must provide an actual screenshot of the web page, the URL, and
the date the web page was accessed and/or printed. Merely providing a web page address where
the goods may be purchased is not an acceptable specimen.
What is not a proper specimen for goods?
e following are generally not acceptable as specimens for goods:
• Advertisements
• Invoices
• Publicity announcements
• Order forms
• Leaets
• Brochures
• Press releases
• Letterhead
• Business cards
• Web page addresses
What is a proper specimen for use of a mark with services?
A specimen for services must show the trademark used in providing or advertising the services.
For example, your specimen could be:
• A digital photograph of a business sign in front of the store where the services are being
provided
• A brochure about the services
• An advertisement for the services
• A business card that references the services
• Stationery showing the mark and referencing the services.
e specimen must show a direct association between the trademark and the services.
26 27
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Is my web page a proper specimen for services?
Yes, if it shows the trademark used to advertise or sell the services in the application. Generally,
the specimen must show:
• A reference to the services
• A direct association between the trademark and the services
• Use of the trademark as the source of the services.
A web page that doesn’t explicitly reference the services may still be acceptable if it shows the
trademark used in the rendering or providing of the services.
You must provide an actual screenshot of the web page, the URL, and the date the web page was
accessed and/or printed. Merely providing a web page address is not an acceptable specimen.
e web page specimen shown here is acceptable
for online retail store services because the MACYS.
COM trademark is prominently displayed in the
upper-le corner of the web page.
• e goods being sold are shown in the center;
menus on the right side of the web page show
various categories of goods sold in the online
store.
• e MACYS.COM trademark is directly
associated with retail store services based on the
trademark’s proximity to the goods being sold
and the prominent wording “express checkout
sign-in” in the le-hand column.
e required URL and date the web page was
accessed and/or printed are shown on the specimen.
What is not a proper specimen for services?
Printer’s proofs of advertisements or news articles about your services are not acceptable because
they do not show your use of the trademark. In addition, the specimen should not be a:
• Digitally altered image or photograph
• Computer illustration
• Artist’s rendering
• Mock-up of an advertisement or web page
• Web page address
When do I le the specimen?
If your application is based on use in commerce, you must submit one specimen for each class of
goods and/or services with your application.
If your application is based on intent to use, you must submit one specimen for each class of
goods and/or services when you le an allegation of use. e allegation of use may be led either
before publication (called an Amendment to Allege Use) or aer publication (called a Statement
of Use). For more information on publication, see the “PUBLICATION FOR OPPOSITION”
section on page 29. For more on the Allegation of Use, see the ““HOW TO ESTABLISH USE
OF THE MARK FOR AN “INTENT-TO-USE” APPLICATION” section on page 30.
How do I le the specimen?
You must attach an image le of your specimen in .jpg or .pdf format. To show the context in
which the mark is used, you should include as much as possible of the label, advertisement, or
web page in the image.
SIGNATURE
Who may sign the application?
If you own the mark and are applying in your individual capacity and not as a business entity, you
may sign the application. If a business entity owns the mark, then the person who may sign the
application on behalf of that business is (1) someone with rsthand knowledge of the application
contents and authority to act for the owner or (2) someone with legal authority to bind the owner
such as a general partner or a corporate ocer. If the applicant is represented by an attorney, the
attorney may sign the application on behalf of the applicant.
Please note dierent requirements exist for who may sign other types of documents that
applicants must le with the USPTO regarding their application. All documents, including the
application, are legal documents; accordingly, the proper person must sign each document for the
USPTO to accept it.
How do I sign an electronic application?
In an electronic application, you enter an electronic signature on the form by typing your
signature, which consists of any alpha and/or numeric combination of your own choosing,
between two forward slashes. Examples of acceptable signatures include /john doe/, /jd/, or /
d123/. It is not permissible for one person to enter another person’s signature.
28 29
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
WHAT HAPPENS AFTER FILING AND WHAT TO DO
Aer I le my application, will I receive any notices or communications from
the USPTO?
Yes. Starting with a ling receipt for your application, we will email you communications about
your application. We issue all trademark application-related notices and communications by
email from the domain “@uspto.gov.”
You and your attorney, if you have one, must each provide a current email address with your
application, regardless of whether it is TEAS Plus or TEAS Standard, and keep that email address
up-to-date to ensure all USPTO communications related to your application are received. If you
have an attorney, all USPTO communications will go to your attorney. Otherwise, they will go to
you.
What if my email address changes?
Immediately notify us by ling a TEAS Change of Address or Representation form
[24]
for your
application. Keeping a current email address ensures you receive important communications
from us about your application.
What must I do aer I le the application?
Diligently keep track of status changes to your application and whether we have sent application-
related email communications or notices that you need to respond to. is means you must:
Check the status of your application at least every six months. e assigned examining attorney
will review your application at about three months aer the ling date. e overall registration
process could take up to a year, or longer, depending on several factors, such as the ling basis
of the application and how complete your application is at the time of ling. For a general
process timeline for an application led under the intent-to-use basis, see page 32. See process
timelines for applications led under dierent ling bases
[31]
online.
Respond to any issued oce action or notice within the appropriate time frames—generally
within six months of the issue date. Promptly contact us if you believe something is incorrect in
your application record.
How do I check the status of my application?
Check the status of any pending application using the TSDR system
[7]
. You must have your
application serial number (a serial number is an eight-digit number that usually begins with 79,
85, 86, 87, or 88). Enter your application serial number and click on the “Status” tab. You may
also contact the Trademark Assistance Center (TAC) at 1-800-786- 9199 (select option one) or
TrademarkAssistanceCenter@uspto.gov to request a status check.
What if I don’t receive USPTO emails because they get blocked as spam?
You must meet all your ling deadlines in the registration process regardless. If you nd through
your periodic status check that you didn’t receive a letter or notice we issued, then access the
letter or notice using TSDR
[7]
to see if you need to respond. Enter your application serial number
and click on the “Documents” tab to see a list of all the documents and submissions for your
application. Click on each separate listing to see the contents of a specic document.
LEGAL AND PROCEDURAL REVIEW OF APPLICATION
Approximately 3 months from the date your application is led, the application is assigned to
an examining attorney to determine whether federal law permits registration. e examining
attorney will examine the written application, the drawing, and any specimen, to ensure that they
satisfy all of the federal legal requirements. Federal registration of trademarks is governed by the
Trademark Act of 1946, 15 U.S.C. §1051 et seq., and the Trademark Rules of Practice, 37 C.F.R.
Part 2.
e examining attorney may issue a letter (Oce action) explaining any reasons for refusing
registration or other requirements. If you receive an Oce action, you must respond within six
months of the issue date of the Oce action, using the Trademark Electronic Application System.
Your ling fee will not be refunded if the application is refused registration.
PUBLICATION FOR OPPOSITION
If no refusals or additional requirements are identied or if all identied issues have been
resolved, the examining attorney will approve the mark for publication in the Ocial Gazette
(OG)
[32]
, a weekly online publication. e USPTO will send you a Notice of Publication stating
the publication date.
If you have authorized email communication, the USPTO will email you a “Notication of ‘Notice
of Publication’” approximately 3 weeks before the future publication date in the OG. On the
actual publication date, you will receive a second email, namely, “Ocial Gazette Publication
Conrmation” with a link to the OG
[32]
. If you have not authorized email communication with
the USPTO, the USPTO will mail you approximately 3 weeks before publication a paper “Notice
of Publication” stating the publication date.
WHAT HAPPENS AFTER PUBLICATION?
Aer publication in the OG, there is a 30-day period in which the public may object to the
registration of the mark by ling an opposition. An opposition is similar to a court proceeding,
but is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal. A
third party who is considering ling an opposition may rst le a request for an extension of time
to le the opposition, which could delay further action on your application.
30 31
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
e next step aer publication depends on your basis for ling the application:
REGISTRATION CERTIFICATE ISSUES FOR “USE-IN-COMMERCE”
APPLICATION
If no opposition or extension of time to oppose is led or if you successfully overcome an
opposition, you do not need to take any action for the application to enter the next stage of the
process. Absent any opposition-related lings, the USPTO generally will issue a registration
certicate about 11 weeks aer publication, if the application is based upon the actual use of the
mark in commerce (Section 1(a)) or on a foreign or international registration (Section 44(e) or
Section 66(a)).
NOTICE OF ALLOWANCE (NOA) ISSUES FOR “INTENT-TO-USE”
APPLICATION
If no opposition or extension of time to oppose is led or you successfully overcome an
opposition, you do not need to take any action for the application to enter the next stage of the
process. Absent any opposition-related lings, the USPTO generally will issue a NOA about 8
weeks aer publication.
A NOA indicates that your mark has been allowed, but does not mean that it has registered. As
the next step to registration, within 6 months of the issue date of the NOA you must:
• Submit a “Statement of Use” if you led based on intent to use (Section 1(b)) and are now
using the mark in commerce;
• Begin using the mark in commerce and then submit a “Statement of Use;” or
• Submit a six-month “Request for an Extension of Time to File a Statement of Use” if you need
additional time to begin using the mark in commerce.
Forms for ling both the Statement of Use and Extension of Time are at the TEAS Forms
[6]
page.
HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-
USE” APPLICATION
Notice of Allowance (NOA) Has Already Issued
If a NOA has already issued, you establish use by ling a Statement of Use (SOU) form that
contains a sworn statement that you are now using the mark in commerce on all the goods/
services. If you wish to le an SOU before the mark is in use in commerce on all listed goods/
services, you must delete or divide out the goods/services for which the mark is not in use. For
more on division of an application, please see TMEP Sections 1110 et seq
[33]
.
e SOU must also include:
• A ling fee per class of goods or services;
• e date of rst use of the mark anywhere and the date of rst use of the mark in commerce;
• One specimen (or example) showing how you use the mark in commerce for each class of
goods/services.
Once the USPTO issues the NOA, you have 6 months to le the SOU. e 6-month period runs
from the issue date shown on the NOA, not the date you receive it. If you have not used the
mark in commerce, you must le a Request for an Extension of Time to File a Statement of Use
(Extension Request) before the end of the 6-month period, or the application will be declared
abandoned, meaning that the application process has ended and your mark will not register. You
may request 5 additional extensions for up to a total of 36 months from the NOA issue date, with
a statement of your ongoing eorts to make use of the mark in commerce. A ling fee per class
of goods or services must accompany each Extension Request. e form for ling the Extension
Request is at . e date of the grant or denial of an Extension Request does not aect the deadline
for ling the SOU or next Extension Request. e deadline is always calculated from the issue
date of the NOA.
For current fees, see the Trademark Fee Information page
[27]
or contact the Trademark Assistance
Center (TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).
Notice of Allowance (NOA) Has Not Yet Issued
If the NOA has not yet issued and the application has not yet been approved for publication,
you may le an Amendment to Allege Use, which includes the same information as the SOU
(see above). You may not le the Amendment to Allege Use during the “blackout period” aer
approval of the mark for publication and before issuance of the NOA. In that situation, you must
wait until aer the blackout period to le your SOU.
MAINTAINING A FEDERAL TRADEMARK REGISTRATION
To maintain your trademark registration, you must le your rst maintenance document between
the 5th and 6th year aer the registration date and other maintenance documents thereaer. Your
registration certicate contains important information on maintaining your federal registration.
If the documents are not timely led, your registration will be cancelled and cannot be revived
or reinstated, making the ling of a brand new application to begin the overall process again
necessary. Forms for ling the maintenance documents are at the TEAS forms
[6]
page.
roughout the life of the registration, you must police and enforce your rights. While the
USPTO will prevent another pending application for a similar mark used on related goods or in
connection with related services from proceeding to registration based on a nding of likelihood
of confusion, the USPTO will not engage in any separate policing or enforcement activities.
32 33
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Rights in a federally registered trademark can last indenitely if you continue to use the mark
and le all necessary maintenance documents with the required fee(s) at the appropriate times, as
identied below. e necessary documents for maintaining a trademark registration are:
• Declaration of Continued Use or Excusable Nonuse under Section 8 (§8 declaration); and
• Combined Declaration of Continued Use and Application for Renewal under Sections 8 and 9
(combined §§8 and 9).
A §8 declaration is due before the end of the 6-year period aer the registration date or within
the 6-month grace period thereaer. Failure to le this declaration will result in the cancellation
of the registration.
A combined §§8 and 9 must be led before the end of every 10-year period aer the registration
date or within the 6-month grace period thereaer. Failure to make these required lings will
result in cancellation and/or expiration of the registration.
For further information, including information regarding the special requirements that apply
to Madrid Protocol registrations, use the Popular Link “Maintain or Renew Registrations” on
the le side of the Trademarks Home page
[1]
or contact the Trademark Assistance Center (TAC)
(TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).
FEES FOR FILING TRADEMARK-RELATED DOCUMENTS
For current fees, see the Trademark Fee Information page
[27]
or contact the Trademark Assistance
Center (TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).
Fees almost always are based on the total number of International Classes that the USPTO assigns
to your goods/services. For a listing of the International Classes, see the “International Schedule
of Classes of Goods and Services
[34]
”.
FOR MORE INFORMATION
• USPTO website, Trademark Basics
[35]
. For instructional videos, application processing
timelines, frequently asked questions (FAQs), and other useful information.
• Trademark Assistance Center (TAC) TrademarkAssistanceCenter@uspto.gov
or 1-800-786-9199. For general trademark information and printed application forms
• Patent and Trademark Resource Centers (PTRCs) are a nationwide network of public, state,
and academic libraries that disseminate patent and trademark information and support the
diverse intellectual property needs of the public. e PTRCs have trained specialists who
may answer specic questions regarding the trademark process, but they do not provide
legal advice. More information on PTRCs, including a list of the PTRC(s) in your state
[15]
, is
available at the PTRC section
[36]
of our website.
SECTION 1(B) TIMELINE:
APPLICATION BASED ON
“INTENT-TO-USE”
is timeline does not cover every application scenario. If you
nd that you are well outside of the listed time frames, call your
assigned examining attorney or the Trademark Assistance Center
(TAC) at 571.272.9250.
1. APPLICATION FILED
APPROX.
3 MONTHS
2. USPTO REVIEWS APPLICATION
APPROX.
1 MONTHS
3A. USPTO PUBLISHES MARK
APPROX.
2 MONTHS
OR
3B. USPTO ISSUES LETTER (OFFICE ACTION)
APPROX.
6 MONTHS
4A. APPLICANT TIMELY RESPONDS
APPROX.
1-2 MONTHS
OR
4B. APPLICANT DOES
NOT RESPOND AND
APPLICATION ABANDONS
5A. USPTO PUBLISHES MARK
APPROX.
2 MONTHS
OR
5B. USPTO ISSUES FINAL LETTER (OFFICE ACTION)
WITHIN
6 MONTHS
6A. APPLICANT TIMELY RESPONDS
/ FILES APPEAL
APPROX.
1-2 MONTHS
OR
6B. APPLICANT DOES
NOT RESPOND AND
APPLICATION ABANDONS
7A. USPTO PUBLISHES MARK
APPROX.
2 MONTHS
OR
7B. APPLICANT’S APPEAL SENT TO TTAB
8. NOTICE OF ALLOWANCE IS ISSUED
WITHIN
6 MONTHS
9A. APPLICANT FILES
EXTENSION REQUEST
BEFORE
END OF
30 MONTHS
OR
9B. APPLICANT TIMELY FILES
STATEMENT OF USE (SOU)
APPROX.
1 MONTH
OR
9C. APPLICANT DOES NOT TIMELY
FILE SOU OR EXTENSION REQUEST
AND APPLICATION ABANDONS
10. APPLICANT TIMELY FILES
SOU AFTER REQUESTING
EXTENSION
11. USPTO REVIEWS SOU
APPROX.
1 MONTH
12A. SOU IS APPROVED AND MARK REGISTERS
BETWEEN
5-6 YEARS
13. OWNER FILES SECTION 8 DECLARATION
AND
EVERY
10 YEARS
14. OWNER FILES SECTION 8 DECLARATION / SECTION 9 RENEWAL
OR
12B. USPTO ISSUES LETTER (OFFICE ACTION)
34 35
UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS
Step 1. Application led: e led application is assigned a serial number. is number
should always be referenced when communicating with the USPTO. e applicant can check
the status of any application throughout the entire process by entering the application serial
number at http://tsdr.uspto.gov/ or by calling the trademark status line at 571-272-5400.
Approximately 3 months go to step 1.
Step 2. USPTO reviews application: If the minimum ling requirements are met, the
application is assigned to an examining attorney. e examining attorney conducts a review of
the application to determine whether federal law permits registration. Filing fee(s) will not be
refunded, even if the application is later refused registration on legal grounds. Approximately 1
month go to step 3a or step 3b.
Step 3a. USPTO publishes mark: If no refusals or additional requirements are identied,
the examining attorney approves the mark for publication in the Ocial Gazette (OG). e
OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a
registration. Approximately 1 month aer approval, the mark will publish in the OG for a
30-day opposition period. Any party who believes it would be harmed by the registration may
le an objection (opposition) within that 30-day period with the Trademark Trial and Appeal
Board. No further action is taken until the opposition is resolved. Approximately 2 months go
to step 8.
Step 3b. USPTO issues letter (Oce action): If refusals or requirements must still
be satised, the examining attorney assigned to the application issues a letter (Oce action)
stating the refusals/requirements. Within 6 months of the issuance date of the Oce action,
the applicant must submit a response that addresses each refusal and requirement. Within 6
months go to step 4a or step 4b.
Step 4a. Applicant timely responds: In order to avoid abandonment of the application,
the applicant must submit a timely response addressing each refusal and/or requirement stated
in the Oce action. e examining attorney will review the submitted response to determine
if all refusals and/or requirements have been satised. Approximately 1 to 2 months go to step
5a or step 5b.
Step 4b. Applicant does not respond and application abandons: If the applicant
does not respond within 6 months from the date the Oce action was issued, the application
is abandoned. e term “abandoned” means that the application process has ended and
the trademark will not register. Filing fees are NOT refunded when applications abandon.
Abandoned applications are “dead,” since they are no longer pending or under consideration
for approval. To continue the application process, the applicant must le a petition to revive
the application within 2 months of the abandonment date. If more than 2 months aer the
abandonment date, the petition will be denied as untimely and the applicant must le a new
application with the appropriate fee(s).
Step 5a. USPTO publishes mark: If the applicant’s response overcomes the refusals and/
or satises all requirements, the examining attorney approves the mark for publication in the
Ocial Gazette (OG). e OG, a weekly online publication, gives notice to the public that the
USPTO plans to issue a registration. Approximately 1 month aer approval, the mark will
publish in the OG for a 30-day opposition period. Any party who believes it would be harmed
by the registration may le an objection (opposition) within that 30-day period with the
Trademark Trial and Appeal Board. No further action is taken until the opposition is resolved.
Approximately 2 months go to step 8.
Step 5b. USPTO issues nal letter (Oce action): If the applicant’s response fails
to overcome the refusals and/or satisfy the outstanding requirements, the examining attorney
will issue a “Final” refusal letter (Oce action). e Oce action makes “nal” any remaining
refusals or requirements. An applicant may respond to a nal oce action by a) overcoming
the refusals and complying with the requirements or b) appealing to the Trademark Trial and
Appeal Board. Within 6 months go to step 6a or step 6b.
Step 6a. Applicant timely responds and/or les appeal: To avoid abandonment
of the application, the applicant must submit a timely response addressing each refusal and/
or requirement stated in the “Final” refusal letter (Oce action). Alternatively, or in addition
to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial
and Appeal Board (TTAB). e examining attorney will review the submitted response to
determine if all refusals and/or requirements have been satised. If the applicant\’s response
fails to overcome the refusals and/or satisfy the outstanding requirements, the application will
be abandoned unless the applicant has led a Notice of Appeal, in which case the application is
forwarded to the TTAB. e term “abandoned” means that the application process has ended
and the trademark will not register. Filing fees are not refunded when applications abandon.
Abandoned applications are “dead,” since they are no longer pending or under consideration
for approval. Approximately 1 o 2 months go to step 7a or step 7b.
Step 6b. Applicant does not respond and application abandons: If the applicant
does not respond within 6 months from the date the Oce action was issued and the applicant
has not led a Notice of Appeal to the Trademark Trial and Appeal Board, the application
is abandoned. e term “abandoned” means that the application process has ended and
the trademark will not register. Filing fees are not refunded when applications abandon.
Abandoned applications are “dead,” since they are no longer pending or under consideration
for approval. To continue the application process, the applicant must le a petition to revive the
application within 2 months of the abandonment date, with the appropriate fee. If more than 2
months aer the abandonment date, the petition will be denied as untimely and the applicant
must le a new application with the appropriate fee(s).
Step 7a. USPTO publishes mark: If the applicant’s response overcomes the refusals
and/or satises all requirements of the “Final” refusal letter (Oce action), the examining
attorney approves the mark for publication in the Ocial Gazette (OG). e OG, a weekly
online publication, gives notice to the public that the USPTO plans to issue a registration.
Approximately 1 month aer approval, the mark will publish in the OG for a 30-day opposition
period. Any party who believes it would be harmed by the registration may le an objection
(opposition) within that 30-day period with the Trademark Trial and Appeal Board. No further
action is taken until the opposition is resolved. Approximately 2 months go to step 8.
Step 7b. Applicant’s appeal sent to TTAB: If the applicant’s response does not
overcome the refusals and/or satisfy all of the requirements and the applicant has led a Notice
of Appeal with the Trademark Trial and Appeal Board (TTAB), the appeal will be forwarded to
the TTAB. Information about the TTAB can be found at www.uspto.gov.
Step 8. Notice of Allowance (NOA) is issued: A NOA is issued to the applicant
within 2 months aer the mark is published in the Ocial Gazette (OG). e NOA is not a
registration, but indicates that the mark will be allowed to register aer an acceptable Statement
of Use (SOU) is led. e deadline for ling an SOU or request for extension of time (extension
request) to le an SOU is calculated from the date the NOA issued. If the applicant does not le
an SOU or extension request within 6 months of the date the NOA issued, the application will
abandon. Within 6 months go to step 9a or step 9b or step 9c.
Step 9a. Applicant les extension request: If the applicant is not using the mark in
commerce on all of the goods/services listed in the NOA, the applicant must le an extension
request and the required fee(s) to avoid abandonment. Because extension requests are granted
in 6 month increments, applicant must continue to le extension requests every 6 months. A
total of 5 extension requests may be led. e rst extension request must be led within 6
months of the issuance date of the NOA and subsequent requests before the expiration of a
previously granted extension. Before the end of 30 months go to step 10.
Step 9b. Applicant timely les Statement of Use (SOU): If the applicant is using
the mark in commerce on all of the goods/services listed in the NOA, the applicant must
submit an SOU and the required fee(s) within 6 months from the date the NOA issued to
avoid abandonment. Applicant cannot withdraw the SOU; however, the applicant may le one
extension request with the SOU to provide more time to overcome deciencies in the SOU. No
further extension requests may be led. Approximately 1 month go to step 11.
Step 9c. Applicant does not timely le SOU or extension request: application
abandons: If the applicant does not le an SOU or extension request within 6 months from the
date the Notice of Allowance issued, the application is abandoned (no longer pending/under
consideration for approval). To continue the application process, the applicant must le a
petition to revive the application within 2 months of the abandonment date.
Step 10. Applicant timely les SOU aer requesting extensions: If the applicant
is using the mark in commerce on all the goods/services listed in the NOA, the applicant
must submit an SOU and the required fee(s) within 6 months from the previous extension to
avoid abandonment. Applicant cannot withdraw the SOU; however, the applicant may le one
extension request with the SOU to provide more time to overcome deciencies in the SOU. No
further extension requests may be led. Go to step 11.
Step 11. USPTO reviews SOU: If the minimum ling requirements are met, the SOU is
forwarded to the examining attorney. e examining attorney conducts a review of the SOU to
determine whether federal law permits registration. e applicant cannot withdraw the SOU
and the ling fee(s) will not be refunded, even if the application is later refused registration on
legal grounds. Approximately 1 month go to step 12a or step 12b.
Step 12a. SOU is approved and mark registers: If no refusals or additional
requirements are identied, the examining attorney approves the SOU. Within approximately
2 months aer the SOU is approved, the USPTO issues a registration. To keep the registration
“live,” the registrant must le specic maintenance documents. Between 5 to 6 years go to step
13 and every 10 years go to step 14.
Step 12b. USPTO issues letter (Oce action): If refusals or requirements must still
be satised, the examining attorney assigned to the application issues a letter (Oce action)
stating the refusals/requirements. is is the same process that occurs prior to publication
of the mark if the examining attorney determines that legal requirements must be met. e
process and time frames remain the same, except that if issues are ultimately resolved and the
SOU is approved, the USPTO issues a registration within approximately 2 months. If all issues
are not resolved, the application will abandon.
Step 13. Registration owner les Section 8 declaration: Before the end of the six-
year period aer the registration date, or within the six-month grace period aer the expiration
of the sixth year, the registration owner must le a Declaration of Use or Excusable Nonuse
under Section 8. Failure to le this declaration will result in the cancellation of the registration.
Step 14. Registration owner les Section 8 declaration / Section 9 renewal:
Within one year before the end of every 10-year period aer the registration date, or within the
six-month grace period thereaer, the registration owner must le a Combined Declaration
of Use or Excusable Nonuse/Application for Renewal under Sections 8 and 9. Failure to make
these required lings will result in cancellation and/or expiration of the registration.
LINK DIRECTORY FOR PRINTED MATERIAL
[1] Trademarks Home page
https://www.uspto.gov/trademark
[2] Trademark Manual of Examining Procedure (TMEP)
https://tmep.uspto.gov
[3] Acceptable Identication of Goods and Services Manual (ID Manual)
https://tmidm.uspto.gov
[4] Trademark Information Network (TMIN) Videos
https://www.uspto.gov/trademarks-getting-started/process-overview/trademark-information-
network
[5] Trademark Electronic Search System (TESS)
http://tess2.uspto.gov/
[6] Trademark Electronic Application System (TEAS)
http://www.uspto.gov/teas
[7] Trademark Status and Document Retrieval (TSDR)
http://tsdr.uspto.gov/
[8] Assignments database
http://www.uspto.gov/trademarks/process/assign.jsp
[9] Trademark Trial and Appeal Board (TTAB)
http://www.uspto.gov/trademarks/process/appeal/index.jsp
[10] copyright.gov
http://www.copyright.gov
[11] uspto.gov/patents
http://www.uspto.gov/patents
[12] Intellectual Property Awareness Assessment tool
http://www.uspto.gov/inventors/assessment
[13] Trademark Manual of Examining Procedure (TMEP) Chapter 1200
https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1200d1e1.html
[14] TESS Help Page
http://tess2.uspto.gov/webaka/html/help.htm
[15] PTRC locations in your state
http://www.uspto.gov/products/library/ptdl/index.jsp
[16] American Bar Association’s Consumer’s Guide to Legal Help
https://www.americanbar.org/groups/legal_services/h-home/
[17] Law School Clinic Certication Program
https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/
law-school-clinic-1
[18] Pro Bono IPL Resources in the United States
https://www.americanbar.org/groups/intellectual_property_law/resources/probono/
36
UNITED STATES PATENT AND TRADEMARK OFFICE
[19] INTA trademark pro bono clearinghouse pilot program
https://www.inta.org/Advocacy/Pages/ProBonoClearinghouse.aspx
[20] USPTO.gov Account
https://my.uspto.gov
[21] USPTO Systems Status and Availability
https://www.uspto.gov/blog/ebiz/
[22] Filing documents during an outage
https://www.uspto.gov/trademarks-application-process/ling-online/ling-documents-during-outage
[23] Trademark Initial Application Forms
https://www.uspto.gov/trademarks-application-process/ling-online/initial-application-forms
[24] TEAS Change of Address or Representation form
https://teas.uspto.gov/wna/ccr/cca
[25] Standard character set
http://www.uspto.gov/teas/standardCharacterSet.html
[26] List of international classes
https://www.uspto.gov/trademark/trademark-updates-and-announcements/nice-agreement-current-
edition-version-general-remarks
[27] Trademark fee information
https://www.uspto.gov/trademark/trademark-fee-information
[28] TMEP Chapter 1000
http://tess2.uspto.gov/tmdb/tmep/1000.htm
[29] TMEP Chapter 1900
http://tess2.uspto.gov/tmdb/tmep/1900.htm
[30] Madrid Protocol
http://www.uspto.gov/trademarks/law/madrid/
[31] Process timelines for applications led under dierent ling bases
http://www.uspto.gov/trademarks/process/tm_timeline.jsp
[32] Ocial Gazette (OG)
http://www.uspto.gov/news/og/trademark_og/index.jsp
[33] TMEP Sections 1110 et seq
http://tess2.uspto.gov/tmdb/tmep/1100.htm#_T1110
[34] International Schedule of Classes of Goods and Services
http://www.uspto.gov/trademarks/notices/international.jsp
[35] Trademark Basics
https://www.uspto.gov/trademarks-getting-started/trademark-basics
[36] PTRC section
https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-
centers-ptrcs
Protecting Your Trademark
Basic Facts About Trademarks
United States Patent and Trademark Office
Published on September 2020
ENHANCING YOUR RIGHTS
THROUGH FEDERAL REGISTRATION
