TEAS

TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS

APPLICANT INFORMATION

Name: Enter the full name of the Applicant, i.e., the name of the individual, corporation, partnership, or other entity that owns the mark. If the applicant is an individual, please list as LAST NAME, FIRST NAME, MIDDLE INITIAL/NAME; e.g., Smith, John A. If a joint venture organized under a particular business name owns the mark, enter that name. If a trust owns the mark, enter the name of the trustee(s). If an estate owns the mark, enter the name of the executor(s). If joint or multiple applicants own the mark, enter the name of each of these applicants. If the applicant is doing business as or trading under a different name, enter that information after the notation "DBA," e.g., Smith, John A. DBA The Smith Company.

Entity Type: Indicate the applicant’s entity type by clicking on ONE of the four circles which appear in the boxes on the left of this section (i.e., the boxes marked "individual" "citizen," "corporation," "partnership, or "other"), and enter the corresponding information in the space to the right of the circle selected. Please note that only one entity type may be selected.

Individual: Enter the applicant’s country of citizenship.

Corporation: Enter the applicant’s state of incorporation (or the applicant’s country of incorporation if the applicant is a foreign corporation).

Partnership: Enter the state under whose laws the partnership is organized (or the country under whose laws the partnership is organized if the partnership is a foreign partnership). Also, enter the names and citizenship of any general partners who are individuals, and/or the names and state or (foreign) country of incorporation of any general partners which are corporations, and/or the names and states or (foreign) countries of organization of any general partners which are themselves partnerships. If the applicant is a limited partnership, then only the names and citizenship or state or country of organization or incorporation of the general partners need be provided.

Other Entity Type: Enter a brief description of the applicant’s entity type (e.g., joint or multiple applicants, joint venture, limited liability company, association, Indian Nation, state or local agency, trust, estate). The following sets forth the information required with respect to the most common types of "other" entities:

For joint or multiple applicants, enter the name and entity type of each joint applicant. Also, enter the citizenship of those joint applicants who are individuals, and/or the state or (foreign) country of incorporation of those joint applicants which are corporations, and/or the state or (foreign) country of organization- and the names and citizenship of the partners- of those joint applicants which are partnerships.

For joint ventures, enter the name and entity type of each entity participating in the joint venture. Also, enter the citizenship of those joint venture participants who are individuals, and/or the state or (foreign) country of incorporation of those joint venture participants which are corporations, and/or the state or (foreign) country of organization- and the names and citizenship of the partners- of those joint venture participants which are partnerships.

For limited liability company or association, enter the state or (foreign) country under whose laws the entity is established.

For state or local agency, enter the name of the agency and the state and/or locale of the agency (e.g., Maryland State Lottery Agency, an agency of the State of Maryland).

For trusts, identify the trustees and the trust itself, using the following format: The Trustees of the XYZ Trust, a California trust, the trustees comprising John Doe, a U.S. citizen, and the ABC Corp., a Delaware corporation. (Please note that the trustees, and not the trust itself, must be identified as the applicants in the portion of the application designated for naming the applicant).

For estates, identify the executors and the estate itself using the following format: The Executors of the John Smith estate, a New York estate, the executors comprising Mary Smith and John Smith, U.S. citizens. (Please note that the executors, and not the estate itself, must be identified as the applicants in the portion of the application designated for naming the applicant).

Street Address: Enter the applicant’s street address or the rural delivery route where the applicant is located.

City: Enter the city and/or foreign area designation.

State: If a U.S. state, enter that state by clicking on the proper entry in the pull-down box. Otherwise, select the listing "Other" in the pull-down box, and enter the information in the designated box.

Country: Enter the country by clicking on the proper entry in the pull-down box. If the country is not listed (because it is not one of our top filers), select the listing "Other" in the pull-down box, and enter the information in the designated box.

Zip Code/Postal Code: Enter the U.S. zip code or foreign country postal identification code.

Phone Number: Enter the applicant’s telephone number.

Fax Number: If available, enter the applicant’s fax number.

Internet/E-Mail Address: If available, enter the applicant’s internet/ e-mail address.

Authorize: In accordance with the notice in the Federal Register dated June 21, 1999 [Internet Usage Policy, Fed. Reg. Vol. 64, No. 118 ( June 21, 1999, pp. 33056-66)], this will grant the USPTO permission to send correspondence regarding this application to the applicant or its representative.

Policy: In accordance with Office policy, all correspondence will be sent to the applicant or its representative in the following order: 1) the applicant's attorney's e-mail address, if provided; or 2) the applicant's domestic representative's address, if no attorney has been appointed; or 3) the applicant's address, if the applicant has not also named an attorney to represent it before the Office or a domestic representative to accept service of process. If the applicant has appointed an attorney, the Office must correspond with the attorney and cannot send correspondence directly to the applicant.

MARK INFORMATION

Mark: You can display a mark in one of two formats: (1) typed; or (2) stylized or design. You may apply for only one mark in each application. You cannot present the mark in typed format and the mark in stylized or design format in one application. Each variation is considered a separate mark. Under the Typed Drawing Format, you must enter the word(s), letter(s) and/or number(s) you wish to register (e.g., THE CAT'S MEOW). Under the Stylized or Design Format, you must attach an image (which may consist solely of a pictorial element; word(s), letter(s) or number(s) in a particular stylization; or a combination thereof); and, if appropriate, enter the literal element of the mark. In a typed mark, do NOT include quotation marks around the mark unless you are actually using, or intend to use, the quotation marks as part of the mark. Also, do not include any information related to a "pseudo mark" in this field. The USPTO is responsible for the pseudo mark field in the search system, not the applicant. NOTE: The USPTO will automatically convert your mark into all upper case letters on the drawing page, regardless of how you enter the mark in this field (because this is the requirement for a typed format). Registration in the typed format allows use in a manner other than the "all upper case" format. E.g., a mark registered as MONEYWISE could actually be used in the manner of MoneyWise. If you prefer to register the mark so that it appears on the registration with both upper and lower case letters, you must select the "stylized" option, which will allow you to present the mark as actually used. If you wish to register a stylized or design mark, do NOT enter any information under Mark in the Typed Format section. Instead, click on the circle selecting Stylized or Design Format and attach a GIF or JPG image file to show the actual appearance of your overall mark. However, if there are literal elements in the mark, you should also enter those elements in the field underneath where the image file was attached (again, NOT under the typed mark section). If your image is such that we may not be able to determine what it is (because, e.g., the image is so highly stylized), you may use the description of the mark field (under the Additional Statement section) to describe the mark (e.g., "The mark consists of a stylized bird."). However, do NOT enter a description if the average viewer could determine the elements of the mark simply from the image of the mark. Also, do NOT enter the description within the field for LITERAL element. That field is only for use where the mark itself includes words. NOTE: If you do not see the Additional Statement section on the form, it is because you entered "No" on the Form Wizard for Question 8. Unfortunately, you would need to create a new form, going back to the Form Wizard and answering Question 8 "Yes."

Typed Format: This choice of mark format appears on the registration certificate as all upper case letters and/or numbers. However, this choice does not limit your use of the mark only as shown on the certificate. You may use the mark in any style or format and still receive federal protection for the word(s), letter(s), and/or number(s) that are shown in the registration certificate. E.g., a mark registered as MONEYWISE could actually be used in the manner of MoneyWise. If you prefer to register the mark so that it appears on the registration with both upper and lower case letters, you must select the "stylized" option, which will allow you to present the mark as actually used. If you wish to register a stylized or design mark, do NOT enter any information under Mark in the Typed Format section. Instead, click on the circle selecting Stylized or Design Format and attach a GIF or JPG image file to show the actual appearance of your overall mark.

ALL upper case letters: Although you must enter your mark so that it appears on the registration certificate as all upper case letters and/or numbers, this choice does not limit your use of the mark only as shown on the certificate. You may use the mark in any style or format and still receive federal protection for the word(s), letter(s), and/or number(s) that are shown in the registration certificate. E.g., a mark registered as MONEYWISE could actually be used in the manner of MoneyWise. If you prefer to register the mark so that it appears on the registration with both upper and lower case letters, you must select the "stylized" option, which will allow you to present the mark as actually used. If you wish to register a stylized or design mark, do NOT enter any information under Mark in the Typed Format section. Instead, click on the circle selecting Stylized or Design Format and attach a GIF or JPG image file to show the actual appearance of your overall mark.

Stylized or Design Format: If you are using, or intend to use, your mark with a stylized appearance or design that you want to protect, you may want to consider filing in this format; otherwise, choose the Typed Format above. Attach a GIF or JPG image file showing a black-and-white image of your mark. (Click on the 'Browse' button to select from your local drive the GIF or JPG image file-these are the only image file formats you can use.) Color images are not recommended. Although the USPTO will accept a color image, it will be converted to a black-and-white image before the application can proceed to registration. If color is an important feature of your mark that you wish to protect, use the description of the mark field (under the Additional Statement section) to explain where the color(s) appear in the mark (e.g., "The mark consists of a bird with a blue body, a red head, and a yellow beak."). NOTE: If you do not see the Additional Statement section on the form, it is because you entered "No" on the Form Wizard for Question 8. Unfortunately, you would need to create a new form, going back to the Form Wizard and answering Question 8 "Yes."

GIF or JPG image file: 1) Mark image attachments should be submitted in bi-tonal (black and white) format. We will convert any image that is not a 1-bit image (i.e., black and white) to 1-bit; however, mark images submitted in a color format may not convert properly to black and white images. 2) Mark images should not include the trademark, service mark or registration symbols (TM, SM, ® ). These symbols should only appear on specimens. 3) TEAS cannot accept animated GIF files. 4) Mark images should be submitted with as little white space around the design as possible. 5) The mark image size used on registration certificates is approximately 4" X 4". The mark image size used in the Official Gazette is approximately 2" X 2". Images are scaled to fit these sizes. 6) The image file should be scanned at a minimum of 300 DPI. However, 600 DPI will provide a clearer image.

Foreign diacritical mark: You may register a mark in typed form, if otherwise proper, even though the mark includes diacritical marks. However, because of technical limitations, the USPTO needs an "image" of this mark to capture such a mark within USPTO databases. Therefore, even though the mark will have the legal significance of a "typed" mark, you must first create a GIF or JPG "image" of this typed mark, and then click on the stylized or design format in the application form (rather than using the "typed" format in the application). Also, you should include the following statement in the record (in the "Description of the Mark" field within the "Additional Statements" section) to indicate the nature of such a mark: "The mark is presented without any claim as to special form." NOTE: If you do not see the Additional Statement section on the form, it is because you entered "No" on the Form Wizard for Question 8. Unfortunately, you would need to create a new form, going back to the Form Wizard and answering Question 8 "Yes."

Color: The GIF or JPG image file must show a bi-tonal (black-and-white) image of your mark. Color images are not recommended. Although the USPTO will accept a color image, we will convert any image that is not a 1-bit image (i.e., black-and-white) to 1-bit before the application can proceed to registration; however, mark images submitted in a color format may not convert properly to black-and-white images. If color is an important feature of your mark that you wish to protect, use the description of the mark field (under the Additional Statement section) to explain where the color(s) appear in the mark (e.g., "The mark consists of a bird with a blue body, a red head, and a yellow beak."). NOTE: If you do not see the Additional Statement section on the form, it is because you entered "No" on the Form Wizard for Question 8. Unfortunately, you would need to create a new form, going back to the Form Wizard and answering Question 8 "Yes."

Literal element: Enter the word(s) that appear within the overall composite mark (as shown in the GIF or JPG image file). E.g., if the mark consists of the design of a cat and the words THE CAT'S MEOW, you would enter in this field THE CAT'S MEOW. You would NOT enter "The design of a cat and THE CAT'S MEOW"- it is the actual image file that will show this.

Searching: Although not required, we recommend that you conduct a search in TESS (Trademark Electronic Search System) for any mark for which you may want to seek federal trademark registration in the USPTO. The purpose of the search is to help determine whether any mark has already been registered or applied for that is similar to your mark AND used on related products or for related services. The USPTO cannot provide guidance as to how you should search, beyond the HELP provided within the TESS site. However, at a minimum, please understand that a complete search is one that will uncover ALL similar marks, NOT just those that are identical.

Searching for trademark availability is NOT the same as searching to register a ".com" address. A ".com" address search may focus on exact or "dead on" hits, with no consideration given to similar names or use with related products and services. Basically, a ".com" address is either available or it is not. Also, if available, you can register a ".com" address on the same day as your search. The trademark process, on the other hand, is more complex. As part of the overall examination process, the USPTO will search its database to determine whether registration must be refused because a similar mark is already registered for related products or services. We do not offer advisory opinions on the availability of a mark prior to filing of an actual application. For the guidelines used to examine applications, see the Trademark Manual of Examining Procedures (TMEP) .

Refuse to register: Once you submit an initial application, either electronically or through the mail, the USPTO will not cancel the filing or refund your fee, unless the application fails to satisfy minimum filing requirements. Filing an application does not guarantee registration. The filing fee is a processing fee, which we do not refund even if we cannot issue a registration after our review of the application.

The USPTO may refuse to register your mark on numerous grounds. The most common are:

Likelihood of Confusion
The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed. In evaluating an application, the examining attorney conducts a search of USPTO records to determine whether there is a conflict between the mark in the application and a mark that is either registered or pending in the USPTO. The principal factors considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks do not have to be identical or the goods and services the same; instead, it is sufficient if the marks are similar and the goods and or services related. Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion. When a conflict exists between the applicant’s mark and a registered mark, the examining attorney will refuse registration of the applicant’s mark on the ground of likelihood of confusion. If a conflict exists between the applicant’s mark and a mark in an earlier-filed pending application, the examining attorney will notify the applicant of the potential conflict. The applicant’s mark will be refused on the ground of likelihood of confusion only if the earlier-filed application becomes registered.

Merely Descriptive and Deceptively Misdescriptive
The examining attorney will refuse registration of a mark as merely descriptive if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. A mark will be refused as deceptively misdescriptive if (1) the mark misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services; and (2) the misrepresentation conveyed by the mark is plausible.

Primarily Geographically Descriptive and Primarily Geographically Deceptively Misdescriptive
The examining attorney will refuse registration of a mark as primarily geographically descriptive if: (1) the primary significance of the mark is geographic; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a goods/place or services/place association; and (3) the mark identifies the geographic origin of the goods or services.

A mark will be refused as primarily geographically deceptively misdescriptive if: (1) the primary significance of the mark is geographic; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a goods/place or services/place association; and (3) the goods or services do not originate in the place identified in the mark.

Primarily Merely a Surname
The examining attorney will refuse registration of a mark if the primary significance to the purchasing public is a surname.

Ornamentation
In general, the examining attorney will refuse registration if the applied-for mark is merely a decorative feature or part of the "dress" of the goods. Such matter is merely ornamentation and does not serve the trademark function of identifying and distinguishing the applicant's goods from those of others.

NOTE: For a complete list of the substantive grounds of refusal and a detailed explanation of each, see Chapter 1200, Trademark Manual of Examining Procedure (TMEP). The USPTO cannot provide preliminary legal advice as to whether we will register a particular mark; filing an application is the only way to obtain a decision on whether the USPTO will refuse registration.

Additional Statement: This section is for the entry of various statements that may pertain to the mark. In no case must you enter any of these statements for the application to be accepted for filing (although you may be required to add some of these statements to the record during the actual prosecution of the application). To select a statement, check the box and enter the specific information relevant to your mark. The following are the texts of the most commonly asserted statements:

DISCLAIMER: "No claim is made to the exclusive right to use _________apart from the mark as shown." (Enter descriptive/generic wording).

STIPPLING AS A FEATURE OF THE MARK: "The stippling is a feature of the mark and does not indicate color." (i.e., the mark consists, in part, of actual "dots"-- the stippling-- as a feature of the mark, rather than those "dots" being an attempt to show coloration or shading in the mark).

STIPPLING FOR SHADING: "The stippling is for shading purposes only." (i.e., the "dots" -- the stippling-- that are used as part of the mark on the drawing page are only to show that the mark has lighter and darker features; the "dots" are not actually part of the mark).

PRIOR REGISTRATION(S): "Applicant claims ownership of __________." (Enter registration number(s) for the same or similar marks. Do not use any commas within the number. If more than one entry, separate each with a space, with no punctuation. E.g., 1247873 1324638 1462387).

DESCRIPTION OF THE MARK: "The mark consists of ______________." (Enter a precise description of the mark).

TRANSLATION: "The foreign wording in the mark translates into English as ___________."

TRANSLITERATION: "The non-Latin characters in the mark transliterate into ________, and this means _________ in English."

§2(f), based on Use: "The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement."

§2(f), based on Prior Registration(s): "The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). ____________." (Enter registration number(s) for the same or similar marks. Do not use any commas within the number. If more than one entry, separate each with a space, with no punctuation. E.g., 1247873 1324638 1462387).

§2(f) IN PART, based on Use: "_______ has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement." (Enter the appropriate word(s)).

§2(f) IN PART, based on Prior Registration(s): "______ has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). ____________." (In the first box, enter the appropriate word(s). In the second box, enter registration number(s) for the same or similar marks. Do not use any commas within the number. If more than one entry, separate each with a space, with no punctuation. E.g., 1247873 1324638 1462387).

NAME(S), PORTRAIT(S), SIGNATURE(S) OF INDIVIDUAL(S): Click on the first circle if the name(s), portrait(s), and/or signature(s) shown in the mark does identify a particular living individual, and enter the appropriate name(s). Click on the second circle if the mark includes a name(s), portrait(s), and/or signature(s), but this does NOT identify a particular living person.

USE OF THE MARK IN ANOTHER FORM: "The mark was first used anywhere in a different form other than that sought to be registered on ___________, and in commerce on ________." (Enter both the date of first use anywhere and the date of first use in commerce, in the format MM/DD/YYYY, e.g., 12/03/1998. Both dates may be the same, or the date in commerce may be later than the first use anywhere; however, the date of first use in commerce may not precede the date of first use anywhere).

CONCURRENT USE: Enter the appropriate concurrent use information, e.g., specify the goods and the geographic area for which registration is sought. For specific requirements, see TMEP section 1207.04.

SPECIMEN: Describe what the specimen submitted consists of, e.g., scanned or digitally photographed tags,labels, instruction manuals, containers, point of purchase displays, or the front page of a catalogue.

GOODS AND SERVICES INFORMATION

International Class: If known, enter the International Class number(s) of the goods and/or services associated with the mark, e.g., 009. For more information about acceptable classes, see the USPTO's on-line Goods and/or Services Manual, or the overall listing of all classes of goods and services.

Listing of Goods and/or Services: Enter the specific goods and/or services associated with the mark; e.g., "computer software for accounting purposes;" or "shirts, pants and shoes." If you are not specific enough (e.g., listing "internet services"), you will not receive a filing date. Even if you are filing based on intent to use, you must provide a specific enough recitation so that the nature of the goods/services is sufficiently clear. While you may be able to amend the recitation during prosecution to clarify a broad recitation, if the initial listing is too ambiguous, you will not receive a filing date and no amendment will be permitted. Also, do not enter the broad class number here, such as 009 or 025 (this information belongs in the field above, namely International Class). If the goods and/or services are classified in more than one class, the goods and/or services should be listed in ascending numerical class order. For more information about acceptable language for the goods and/or services, see the USPTO's on-line Goods and/or Services Manual.

BASIS FOR FILING APPLICATION

Click on the appropriate box to indicate the basis upon which the applicant is filing the application. Specifically, indicate whether the application is being filed pursuant to Trademark Act Section 1(a) or Section 1(b) (15 U.S.C. Section 1051(a) or 1051(b)), and/or Section 44(d)/(e) (15 U.S.C. Section 1126(d)/(e)), and enter the corresponding information. You may file under more than one basis, but you may not file an application based on both use in commerce under §1(a) and a bona fide intention to use a mark in commerce under §1(b) for the identical goods and or services (e.g., you cannot list "shirts" under Section 1(b) AND Section 1(a), but you could list "shirts" under Section 1(b) and "pants" under Section 1(a)).

Section 1(b), Intent to Use: Check this box if applicant has a bona fide intention to use the mark in commerce, rather than actual use of the mark in commerce.

Section 1(a), Use in Commerce: Check this box if applicant is actually using the mark in commerce in connection with the goods and/or services identified in the application.

Specimen Image File: Attach one specimen showing the mark as used in commerce on or in connection with any item listed in the description of goods and/or services. This is NOT simply the same as the image of your actual mark by itself that was attached in the Mark Information section. Instead, in this section, you must show how you are actually using the mark in commerce. For example, for goods, acceptable specimens would consist of scanned or digitally photographed tags, labels, instruction manuals, or containers that show the mark on the goods or packaging. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens for goods. Examples of acceptable service mark specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. If the goods and/or services are classified in more than one international class, one specimen must be provided showing the mark used on or in connection with at least one item from each of these classes. To attach the specimen(s), click on the browse button to select the GIF or JPG image file which is stored on the applicant's local drive and that contains the specimen(s).

Describe what the specimen submitted consists of: e.g., scanned or digitally photographed tags, labels, instruction manuals, containers, point of purchase displays, or the front page of a catalogue.

Date of First Use of Mark Anywhere: Enter the date (two digits each for both the month and day, and four digits for the year) on which the applicant first used the mark in commerce anywhere. If the date consists of only a month and year, or only a year, you must enter "00" in the appropriate spaces; e.g., 00/00/1989. Please note this date may be earlier than, or the same as, the date of the first use of the mark in commerce date.

Date of First Use of Mark in Commerce: Enter the date (two digits each for both the month and day, and four digits for the year) on which the applicant first used the mark in commerce which the U.S. Congress may regulate (see "Type of Commerce"). If the date consists of only a month and year, or only a year, you must enter "00" in the appropriate spaces; e.g., 00/00/1989.

Section 44(d), Priority based on foreign filing: Check this box if applicant is filing the application within six months of filing the first foreign application to register the mark in a defined treaty country.

Country of Foreign Filing: Enter the country by clicking on the proper entry in the pull-down box. If the country is not listed (because it is not one of our top filers), select the listing "Other" in the pull-down box, and enter the information in the designated box.

Foreign Application Number: Enter the foreign application serial number, if available. If possible, enter no more than 12 characters. Eliminate all spaces and non-alphanumeric characters. For example, German application number 339 78 406.3/39 should be entered as 33978406339. Any characters beyond the 12th will NOT be picked up in the USPTO databases nor be printed in the Official Gazette.

Filing Date of Foreign Application: Enter the date (two digits each for both the month and day, and four digits for the year) on which the foreign application was filed. To receive a priority in filing date, the applicant must file the United States application within six months of filing the first foreign application in a defined treaty country.

Section 44(e), Based on Foreign Registration: Check if applicant is relying on a foreign registration currently in force. An applicant relying on §44(e) as the basis for filing and registration must file a certification or certified copy of the foreign registration before the application may proceed to registration. The foreign registration must be in force at the time the United States issues the registration based on that foreign registration. Certification must be by the issuing agency in the foreign country. If the foreign registration is not in English, the applicant must also provide a translation of the foreign registration with the certification or certified copy of the foreign registration. The translator should sign the translation, but need not swear to the translation.

Country of Foreign Registration: Enter the country of the foreign registration.

Foreign Registration Number: Enter the number of the foreign registration. If possible, enter no more than 12 characters. Eliminate all spaces and non-alphanumeric characters. For example, German registration number 339 78 406.3/39 should be entered as 33978406339. Any characters beyond the 12th will NOT be picked up in the USPTO databases nor be printed in the Official Gazette.

Foreign Registration Date: Enter the date of the foreign registration.

Renewal Date for Foreign Registration: Enter the date on which the registration was renewed, if applicable.

Expiration Date of Foreign Registration: Enter the expiration date of foreign registration.

ATTORNEY INFORMATION

Correspondent Attorney Name: Enter the name of the attorney who is responsible for the filing of the application and to whom correspondence should be addressed. You may list more than one name in this field; however, correspondence will only be sent to the first listed name.

Individual Attorney Docket/Reference Number: If applicable, enter the attorney docket or reference number.

Other Appointed Attorney(s): Enter the name(s) of any other attorney(s) authorized to prosecute the application.

Street Address: Enter attorney's street address.

City: Enter the city in which the attorney is located.

State: If a U.S. state, enter that state by clicking on the proper entry in the pull-down box. Otherwise, select the listing "Other" in the pull-down box, and enter the information in the designated box.

Country: Enter the country by clicking on the proper entry in the pull-down box. If the country is not listed (because it is not one of our top filers), select the listing "Other" in the pull-down box, and enter the information in the designated box.

Zip/Postal Code: Enter the U.S. zip code or foreign country postal identification code.

Firm Name: Enter the name of the law firm with which the attorney is associated. If a sole practitioner, please enter the name of the individual here (even though already provided above).

Phone Number: Enter the attorney’s telephone number.

Fax Number: If available, enter the attorney’s fax number.

Internet/E-Mail Address: If available, enter the attorney’s internet/e-mail address.

Authorize: In accordance with the notice in the Federal Register dated June 21, 1999 [Internet Usage Policy, Fed. Reg. Vol. 64, No. 118 ( June 21, 1999, pp. 33056-66)], this will grant the USPTO permission to send correspondence regarding this application to the applicant or its representative.

Policy: In accordance with Office policy, all correspondence will be sent to the applicant or its representative in the following order: 1) the applicant's attorney's e-mail address, if provided; or 2) the applicant's domestic representative's address, if no attorney has been appointed; or 3) the applicant's address, if the applicant has not also named an attorney to represent it before the Office or a domestic representative to accept service of process. If the applicant has appointed an attorney, the Office must correspond with the attorney and cannot send correspondence directly to the applicant.

DOMESTIC REPRESENTATIVE

If the applicant is not domiciled in the United States, the applicant must designate a domestic representative on whom notices or process in proceedings affecting the mark may be served.

Representatives Name: Enter the name of the domestic representative.

Street Address: Enter the street where the domestic representative is located.

City: Enter the city in which the domestic representative is located.

State: If a U.S. state, enter the state by clicking on the proper entry in the pull-down box. Otherwise, select the listing "Other" in the pull-down box, and enter the information in the designated box.

Zip Code: Enter the U.S. postal zip code for the domestic representative's address.

Firm Name: If applicable, enter the name of the law firm with which the attorney is associated who is being designated as the domestic representative.

Phone Number: Enter the domestic representative's telephone number.

FAX Number: Enter the domestic representative's FAX number.

Internet/E-Mail Address: If available, enter the domestic representative's internet/e-mail address.

Authorize: In accordance with the notice in the Federal Register dated June 21, 1999 [Internet Usage Policy, Fed. Reg. Vol. 64, No. 118 ( June 21, 1999, pp. 33056-66)], this will grant the USPTO permission to send correspondence regarding this application to the applicant or its representative.

Policy: In accordance with Office policy, all correspondence will be sent to the applicant or its representative in the following order: 1) the applicant's attorney's e-mail address, if provided; or 2) the applicant's domestic representative's address, if no attorney has been appointed; or 3) the applicant's address, if the applicant has not also named an attorney to represent it before the Office or a domestic representative to accept service of process. If the applicant has appointed an attorney, the Office must correspond with the attorney and cannot send correspondence directly to the applicant.

FEE INFORMATION

Amount: Enter the fee amount to be paid. Please note that the filing fee is $325 per class of goods or services listed, and at least $325 must accompany the application in order for a filing date to be assigned.

Number of Classes Paid: Enter the number of classes for which the applicant is paying the required fee. Although not encouraged, the applicant may choose to pay for only one (1) class in a multi-class application. If so, the applicant must change the entry in the field to "1." However, the additional fees will be required in the examination process.

Credit Card: If you select the credit card payment option, you will be prompted later in the process to enter your credit card information (the type of credit card, your name and billing address, and your card number and expiration date). We will accept Visa, MasterCard, American Express, and Discover.

Deposit Account Number: Enter the appropriate deposit account number to which the fee should be charged. The entry should consist of six numbers, with no space or hyphen; for example, 124379, rather than 12-4379 or 12 4379.

Name of Person Authorizing Account Activity: If applicable, enter the name of the person who is authorized by the applicant to authorize the activity on the applicant's deposit account.

Company/Firm name: Enter the name of the company or firm responsible for the deposit account.

DECLARATION

Signature: The appropriate person (i.e., (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) an attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the "/" (forward slash) symbol that the signatory has adopted as his or her "signature." (e.g., /rdr/ or /127/ or /jane smith/). If there are joint or multiple applicants, or if it is corporate policy to have two or more officers sign the application for one applicant, each must sign and provide the relevant information.

If the proper signatory is NOT available to enter the adopted "signature" at the time the application is first completed, you can save the partially completed application (meaning that it has been completed except for the signature) to your choice of drive and directory (using the form accessed through the "Download Portable Form" button at the bottom of the Validation Screen once the application data is validated and the SAVE function within your browser). Once you have saved an application in this manner, you can then use it as you would any other file, i.e., opening it again for additional review and/or attaching it to an e-mail message to transfer it to another person and/or location.

If you transfer the file to another person via an e-mail message, the recipient of the message can (as long as the recipient has a compatible web browser) then simply save the attachment to a local drive and directory and then open it from within his or her web browser for review (and "signature" if that person is the appropriate person to sign on behalf of the applicant).

The recipient can then make changes to the application and/or sign it (if that person is the appropriate person to sign on behalf of the applicant) and save the changes and/or signature using the same "Download Portable Form" button and SAVE functions used originally to save the application. Once an application has been signed and saved in this manner, it can then be returned to the applicant's attorney via e-mail for actual filing with the USPTO.

NOTE: Each time a new party accesses the form, it must be re-validated in order to reach the page that will allow either the save function or the Pay/Submit function. You may also wish to use the portable form to save a template if you plan on doing multiple filings.

Signatory's Name: Enter the name of the person signing the application.

Signatory's Position: Enter the signatory's position, if applicable, e.g., vice-president, general partner. Or, if appropriate, enter the language "Duly authorized officer," or "Attorney."

Date Signed: Enter the date (two digits each for both the month and day, and four digits for the year) on which the application is signed. The current date is generated automatically as a default.

CLICK ON THE DESIRED ACTION

Validate Form: This allows you to run an automated check to ensure that all mandatory fields have been completed. You will receive an "error" message if you have not filled in one of the five (5) fields that are considered "minimum filing requirements" under the Trademark Law Treaty Implementation Act of 1998. For other fields that the USPTO believes are important, but not mandatory, you will receive a "warning" message if the field is left blank. This warning is a courtesy, if non-completion was merely an oversight. If you so choose, you may by-pass that "warning" message and validate the form (however, you cannot by-pass an "error" message). NOTE: A successful validation ONLY means that the required fields have an entry. WE HAVE MADE NO DETERMINATION AT THIS TIME AS TO WHETHER THE INFORMATION ENTERED IS CORRECT. This will only occur during the prosecution of the application.

Once data in an application is validated, you will have the options of (1) printing the application, in whole or in part; (2) going back and modifying the data in the application; (3) downloading and saving the application; and/or (4) submitting the application electronically for filing with the USPTO. If you choose to submit an application electronically for filing with the USPTO using the "Submit" button, an electronic receipt showing the information submitted will be returned to your designated e-mail address. This receipt will confirm that the USPTO has received the application.

NOTE: Within your actual session, you should also see a screen that says "SUCCESS! We have received your application and assigned serial number _________ to your submission." If you do NOT see this screen, then your submission did NOT reach the USPTO.

Clicking on the various phrases listed in the box under "Application Data" (which are available once the application data has been validated via the "Validate Form" button at the bottom of the application form) will generate (1) the application data in either a "Scannable Form" or in an easy-to-read "Input" format; (2) a drawing page; and (3) the specimen image (if applicable). Any or all of these can then be printed using the print function in your browser.

PLEASE NOTE: Due to technical limitations within the browsers now available, and to simplify the process and prevent possible errors, where you are filing an application with 1) a mark image file (in JPG or GIF format, to show the mark in a stylized manner or a design); and/or 2) a specimen image file (in JPG or GIF format, to show the mark as actually used in commerce), neither of these image files will be available for viewing or printing an application that was previously downloaded and saved. Either or both of these image files will need to be re-attached to the application before final submission to the USPTO.

Reset form: This button clears ALL information you may previously have entered in the application and allows you to start again with a "new" application.


Portable Form: