- See Recording your trademark with the U.S. Customs and Border Protection
- See Computer Crime and Intellectual Property section of the Department of Justice
Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.
Trademarks are registered with the United States Patent and Trademark Office (USPTO).
Federal trademark registration has several benefits:
- Constructive notice nationwide of the trademark owner's claim.
- Evidence of ownership of the trademark.
- Jurisdiction of federal courts may be invoked.
- Registration can be used as a basis for obtaining registration in foreign countries.
- Registration may be filed with the Customs and Border Protection (CBP) to prevent importation of infringing foreign goods.
There are times when you may desire a combination of copyright , patent , and trademark protection for your work. You should consult an attorney to determine what forms of intellectual property protection are best suited to your needs.
What are the benefits of federal trademark registration?Owning a federal trademark registration on the Principal Register provides several advantages, including:
- Public notice of your claim of ownership of the mark;
- 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;
- The ability to bring an action concerning the mark in federal court;
- The use of the U.S. registration as a basis to obtain registration in foreign countries;
- The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
- The right to use the federal registration symbol ®; and
- Listing in the United States Patent and Trademark Office's online databases.
No. Only a U.S.-licensed attorney may represent you before the U.S. Patent and Trademark Office (USPTO). He or she must be an attorney licensed to practice law in a U.S. state and be an active member in good standing of the highest court of that state. Attorneys from other countries, except Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED), may NOT practice before the USPTO.
How long does a trademark registration last?The registration is valid as long as you timely file all post registration maintenance documents. You must file a "Declaration of Use under Section 8" between the fifth and sixth year following registration. In addition, you must file a combined "Declaration of Use and Application for Renewal under Sections 8 and 9" between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. For more information read about keeping your registration alive.
Where can I find trademark forms?You can find all USPTO's trademark forms in the Trademark Electronic Application System (TEAS). Two filing options are available for the initial application form: TEAS Plus and TEAS Standard. The TEAS application form allows you to pay by credit card, electronic funds transfer, or through an existing United States Patent and Trademark Office (USPTO) deposit account.
Will the USPTO conduct a search for me?The USPTO cannot search your mark for you prior to filing. After filing, the USPTO will conduct a search and will refuse to register your mark if there is another registered or pending mark similar to yours.
Is registration of my mark guaranteed?No. The examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2.
The most common reasons for refusing registration are because the mark is:
- Likely to cause confusion with a mark in a registration or prior application;
- Descriptive for the goods/services;
- A geographic term;
- A surname;
- Ornamental as applied to the goods.
For a discussion of these and other possible refusals, see Chapter 1200 of the Trademark Manual of Examining Procedure (TMEP).
The examining attorney may also issue requirements concerning, for example:
- The goods and services listed in the application;
- The description of the mark;
- The quality of the drawing;
You may receive unsolicited communications from companies requesting fees for trademark-related services, such as monitoring and document filing. Although solicitations from these companies frequently display customer-specific information, including USPTO serial number or registration number and owner name, companies that offer these services are not affiliated or associated with the USPTO or any other federal agency. See Caution: misleading notices for more information.
Trademark Help - Getting Started - Other
How can I get the status on my pending trademark application?Once you receive a filing receipt containing the serial number of your application, you may check the status of your application through the Trademark Applications and Registrations Retrieval (TARR) database athttp://tarr.uspto.gov/ or by calling the Trademark Assistance Center at 571-272-9250 or 800-786-9199 (press 1).
Can the USPTO do a trademark search?After a trademark application is filed, the USPTO will conduct a search of the records as part of the official examination process. The official search is not done for the applicant but rather to determine whether a mark which has been applied for can be registered. You can conduct a search online using the trademark search system or by visiting the Public Search Facility, located on the first floor of the Madison East building at 600 Dulany St., Alexandria , VA 22313 , is open to the public from 8:00 a.m. to 8 p.m. , Monday through Friday, except Federal holidays. Assignment information is also available at the Patent and Trademark Depository Libraries throughout the United States.
Also, certain information may be searched at a Patent and Trademark Depository Library (PTDL). For information on the nearest PTDL, go to www.uspto.gov/go/ptdl. If you need to locate a U.S.-licensed attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties.
How do I record a trademark assignment?A trademark is intellectual property that may be transferred or sold. The law permits the transfer or sale of a trademark by means of a legal document called an Assignment. A properly executed assignment transfers all rights from the existing owner to another person (referred to as the Assignee). When the trademark is transferred, the Assignee becomes the new owner of the trademark and has the same rights as the original owner. The U.S. Patent and Trademark Office (USPTO) records all assignment documents and any document that affects title. Documents that affect title include, but are not limited to, mergers, changes of names, security agreements, various liens, licenses, probate documents, and bankruptcy petitions.
Trademark assignments can be filed electronically through Assignment Center. You will need to have a USPTO.gov account with two-step verification to access Assignment Center. Assignment Center has answers to frequently asked questions about filing electronically.
Please note that with all assignments, the assignment information provided by the user will be recorded as provided and will not be verified or modified by the USPTO.
For additional information on filing a trademark assignment or documents affecting title, please call the Assignment Division between 8:30 a.m. and 5 p.m. Eastern Time on normal business days at (571) 272-3350 .
How long does it take to register a trademark?There are many factors that affect how long it takes to register a trademark. Look at our application process timelines for more detailed timeline information based on your filing basis. You can check the current processing wait times to find out how long your trademark filing could take.
Get information on the status of your application in the Trademark Status and Document Retrieval (TSDR) database or call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199. You should check on the status of your applications every three months.
What resources are available if I have problems protecting or enforcing my intellectual property rights abroad?
Your U.S. trademark registration grants you rights only in the U.S. If you want trademark protection in other countries, you must either:
• Submit an international application through the Madrid Protocol, or
• Submit a trademark application in each other country or regional trademark office.
If you have problems protecting or enforcing intellectual property rights in a foreign country, consult the IP Attaché Program page.
How may I remove other personal information from the record?If you erroneously submitted a document containing personal information or confidential documents other than a driver's license, social security number, credit card account number, or banking account number that you do not wish to be part of the public record, you may petition the Director of the USPTO to remove it from public view. Trademark Rule 2.25 provides that "documents filed in the Office by the applicant or registrant become part of the official record and will not be returned or removed." The Director will waive this rule only if the petitioner can provide evidence that an extraordinary circumstance exists that warrants the removal of this information. As noted above, driver's licenses, social security numbers, credit card information, and banking information may be removed upon an informal written request TMPolicy@uspto.gov. Payments properly made with a credit card, charge card or bank card via the Trademark Electronic Application System (TEAS) are confidential as well as secure, and are never made part of any publicly viewable USPTO record.
The USPTO records must always include the trademark owner's name and correspondence address and this information may be updated, but not removed. It also may be possible to provide redacted documents to replace portions of existing submissions that may be deemed personal or confidential if that information was not relied on during examination of the documents. Please note that after the USPTO renders a decision on the petition, the fee will not be refunded.
Last, as noted above, all documents submitted in connection with an application or registration become part of the record for that file, including the petition itself. Therefore, if your petition is granted, the petition and redacted document will remain in the USPTO records, although the personal or confidential information will be hidden from public view.
You can file your petition through the Trademark Electronic Application System (TEAS). You should click on the overall Petitions Forms category from the TEAS front page and then select form number 3, Petition to the Director.
Can I download trademark forms off the website?Yes. You can access forms through the Trademark Electronic Application System (TEAS), from our apply online page. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. §1058, affidavit of incontestability under 15 U.S.C. §1065, combined affidavit under 15 U.S.C. §§1058 and 1065, or combined filing under 15 U.S.C. §§1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 1-571-272-9250).
How do I get a trademark?Generally, you will be required to complete application online, check it for completeness, and submit it using the Trademark Electronic Application System (TEAS). You will also need to respond to office actions and file notices of change of address and many other documents through TEAS. You can check the status of your application using our Trademark Status and Document Retrieval (TSDR) system. For further information about applying for a trademark registration, see Basic Facts about Trademarks.
Can I apply for a Trademark online?Yes. In general, you will be required to complete application online and submit it using the Trademark Electronic Application System (TEAS). You can pay the fee by credit card, EFT, or through an existing USPTO deposit account.
Can I fax in my trademark application?No. The UPSTO will not accept an application transmitted by fax. Generally, applications must be filed electronically with the USPTO using the Trademark Electronic Application System (TEAS).
How can I get trademark information on submitting a change of address?You can file your change of address using the TEAS Change Address or Representation Form.
How can I change my correspondence address or owner address?You can file your change of address using the TEAS Change of Address or Representation form.
Do I need a U.S.-licensed attorney to file my trademark application?- It depends on the location of your domicile, specifically, the place you reside and intend to be your principal home or your principal place of business (an entity's headquarters).
- Yes, if you are a foreign-domiciled trademark applicant. You must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
- No, if you are a trademark applicant domiciled in the United States or its territories. Nevertheless, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.
For more information about this, see the August 3, 2019 USPTO trademark rules change .
An international applicant must pay fees to the USPTO and to the International Bureau. The USPTO charges a fee for certifying international applications and transmitting them to the International Bureau, called a "certification fee." The certification fee is $100.00 per class if the international application is based on a single U.S. application or registration and filed electronically, or $200 per class if filed on paper. The certification fee is $150.00 per class if the international application is based on more than one U.S. application or registration and filed electronically, or $250 per class if filed on paper.
The International Bureau requires payment of fees based on whether the reproduction of the mark is in black and white and/or in color, the particular Contracting Parties designated in the international application and the number of classes of goods and services indicated in the international application. The schedule of fees, individual fees and International Bureau Fee Calculator are posted on the WIPO web site at: http://www.wipo.int/madrid/en/ . The international application fees must be paid directly to the International Bureau in Swiss francs.
Why does the USPTO make this information public?The Freedom of Information Act (FOIA) mandates the USPTO to provide records such as trademark applications and registrations for public inspection and copying. In order to adhere to the FOIA, trademark applications and registrations are available on the USPTO website so that the public may conveniently inspect and copy them, if desired.
How can I prevent my personal information from being placed on the USPTO website?It is the responsibility of applicants and registrants to carefully consider the information provided to the USPTO to ensure that any information they wish to keep out of the public record is not included with their initial filing or in any subsequent filing submitted during the entire application and post-registration process. However, to file an application, certain minimum requirements must be met, including providing the owner's name and an address to receive correspondence. Any type of existing legal entity, including an individual, corporation, partnership, limited liability company, association, or joint venture, may own a trademark. An applicant need not provide a telephone number as part of the application process, although providing a telephone number aids the USPTO in its ability to contact applicants.
Will my trademark records help provide contact information for someone interested in researching my trademark?
Yes. The public may use records of trademark applications and registrations to identify the owner of a trademark and/or their attorneys/representatives. This information is valuable to the public and is often used to perform a clearance search when another party is considering whether to use a mark.
Why is my trademark application and registration information now appearing on Internet search engines?
Trademark applications and registrations are public records. Individuals and private companies may use this public information to create third-party access to these records. Please note that the USPTO is not responsible for how these entities present this publicly available information. This information includes correspondence addresses, email addresses, and phone numbers provided in the initial application, as well as any changes or updates made to this information throughout the prosecution of the application or maintenance of the registration.
What personal information may be removed from the record?Driver's licenses, social security numbers, credit card information, and banking information, can be removed upon an informal written request to TMFeedback@uspto.gov, because this highly sensitive personal information is not a filing requirement and therefore should be removed from the record immediately. Please note that any payments properly made with a credit card, charge card or bank card via the Trademark Electronic Application System (TEAS) are confidential as well as secure, and are never made part of any publicly viewable USPTO record.
Will my personal information be available to the public?Yes. Please be aware that when you apply for a trademark registration you are making a public record. Accordingly, all of the information and documents you provide to the United States Patent and Trademark Office (USPTO) during the prosecution of an application and maintenance of a registration are available to the public and will be viewable on the USPTO website even if the application abandons or the registration cancels or expires. Third-party websites and Internet search engines access and use this information, including your name as well as any addresses, phone numbers, or email addresses that you provide to the USPTO.
How can I see my trademark records?As noted above, the USPTO is required by law to maintain records of trademark applications and registrations and to make them available for public inspection. Once submitted, an application becomes part of the public record and continues to be part of the public record whether the application is abandoned or the registration is surrendered, cancelled, or expired.
You can view and download documents contained in the USPTO's electronic records using the USPTO's Trademark Status and Document Retrieval (TSDR) system, at http://tsdr.uspto.gov/. To retrieve the records relating to your trademark, enter your application serial number or registration number and click the "Documents" button.
What is the date of the international registration?The date of the international registration is the date of receipt of the international application in the USPTO provided that the International Bureau receives the international application within 2 months of the date of receipt in the USPTO. If the International Bureau does not receive the international application within 2 months of the date of receipt in the USPTO, the date of the international registration will be the date of receipt by the International Bureau.
Can a U.S. trademark owner file an international application directly at the International Bureau?No. The international application must be filed through the USPTO. The USPTO must certify (review and confirm) that certain information in an international application based on a U.S. basic application or registration is the same as the information contained in the basic application or registration. The USPTO then forwards the international application to the International Bureau.
Which countries are members of the Madrid Protocol?The countries that have joined the Madrid Protocol are called "Contracting Parties." A current list of the Contracting Parties is available online at the World Intellectual Property Organization (WIPO) website: http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=8.
May an applicant submit their response to the IB's irregularity notice regarding reclassification and/or amendment to the goods and/or services directly to the IB?
No. If the irregularity concerns goods and/or services or classification, the applicant's response must be submitted through the USPTO, preferably one month before the due date.
May an international application be amended through the USPTO?No. Once an international application is submitted to the USPTO, it cannot be amended, changed, or corrected in any way. The applicant must contact the IB with any questions of concerns.
Can I bring in my trademark application to your office?Yes. You can hand deliver your application between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday, except Federal holidays within the District of Columbia, to the following location:
Trademark Assistance Center
James Madison Building - East Wing
Concourse Level
600 Dulany Street
Alexandria, VAGeneral - Trademark Help - Getting Started - Other
Where can I get basic trademark information?For information about applying for a trademark, read our Trademarks basics pages that cover important topics and critical application filing tips. To understand what to expect in the overall process, view the timelines for trademark processing. If you still have questions, contact the Trademark Assistance Center at 1-800-786-9199 (press 1).
How do I do a federal trademark search?You may conduct a search free of charge on the USPTO Web site using the trademark search system. You may also conduct a trademark search by visiting the Trademark Public Search Library, between 8:00 a.m. and 8:00 p.m. at the Public Search Facility, Madison East, 1st Floor, 600 Dulany Street, Alexandria, VA 22313. Use of the Public Search Library is free to the public. You may check on the status of an application or registration through the Trademark Applications and Registrations Retrieval (TARR) database. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 (press 1) or 1-571-272-9250 to check the status.
Is a federal registration valid outside of the United States?No. However, certain countries recognize a United States registration as a basis for filing an application to register a mark in those countries under international treaties. See TMEP Chapter 1000 and TMEP Chapter 1900 for further information.
May a minor file a trademark application?The question of whether an application may be filed in the name of a minor depends on your state's law. If the minor may validly enter into binding legal obligations, and may sue or be sued, in the state in which they are domiciled, the application may be filed in the name of the minor. Otherwise, the application must be filed in the name of a parent or legal guardian, clearly setting forth their status as a parent or legal guardian. An example of the manner in which the applicant should be identified in such cases is: "John Smith, United States citizen, (parent/legal guardian) of Mary Smith."
What do I need to include in my trademark application?- A completed application form submitted in hard copy or electronically as noted above.
- The appropriate fee.
- A drawing of the mark to be registered - this is true even if the mark is just an unstylized word.
- Specimens of use of the mark if the application is based on actual use in commerce.
Paper applications and any accompanying communications or material should be addressed to:
What is a drawing?
Commissioner for Trademarks
P.O. Box 1451
Alexandria, Virginia 22313-1451The "drawing" is a clear image of the mark applicant seeks to register. The USPTO uses the drawing to upload the mark into the USPTO search database and to print the mark in the Official Gazette and on the registration certificate. There are two types of drawings: "standard character" and "special form." For more information on the different types of drawings see our page on mark drawings.
What is a certification mark?A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. See the certification mark application page for more information.
Does the USPTO determine trademark infringement?The USPTO examines trademark applications to determine if there is likelihood of confusion between the mark in the application and a previously registered trademark or another mark in a prior-pending application. If no conflict is found and all other statutory requirements are met, the examining attorney can approve the mark for publication. The USPTO has no powers of enforcement concerning the use of trademarks in the marketplace.
Some contents linked to on this page require a plug-in for PDF file.
How can I view my documents if I cannot use TSDR?You can access a copy of your documents by using the TDR Application Programming Interface (API), which relies on specific URLs rather than the TSDR interface presented through the USPTO website. You should follow these examples:
- To access all documents for Serial Number 72131351 as a PDF, enter the following in your search box:http://tdrapi.uspto.gov/ts/cd/casedocs/bundle.pdf?sn=72131351
- To access all documents for Registration Number 3,500,030 as a PDF, enter the following in your search box:http://tdrapi.uspto.gov/ts/cd/casedocs/bundle.pdf?rn=3500030
- To access all documents for Reference Number Z1231384 as a PDF, enter the following in your search box:http://tdrapi.uspto.gov/ts/cd/casedocs/bundle.pdf?ref=Z1231384
Perhaps. Because this depends on state law, the USPTO cannot provide a definite answer for all factual situations. You should consider contacting an attorney. Local bar associations and phone directories usually have attorney listings. Click here for further information.
What are "common law" rights?Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.
What is "interstate commerce"?For goods, "interstate commerce" generally involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, "interstate commerce" generally involves rendering a service to customers in another state or rendering a service that affects interstate commerce (e.g., restaurants, gas stations, hotels).
Will my information be public?All data you submit to the USPTO, including your phone number, e-mail address, and street address, but not your credit card and banking information, is public record and is viewable on the Internet. Do not submit personal identifying information that is NOT required for a filing, such as a social security number or driver's license number.
Where should I place the ® symbol?There are no specific requirements on where the "®" symbol should be placed relative to the mark, but most businesses use the symbol in the upper right corner of the mark. The "®" symbol indicates that you have federally registered your trademark with the United States Patent and Trademark Office. It puts the public on notice that your mark is registered and that you have nationwide rights in it. You may only use the registration symbol with the mark on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Note: Because 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.
Are there any restrictions on use of the "®" symbol?There are three important restrictions on use of the "®" symbol: (1) it may only be used after the mark is registered (you may not use it during the application process); (2) it may only be used on or in connection with the goods and services listed in the federal registration; and (3) it may only be used while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Note: Because 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.
What if someone else is using my registered mark on related goods and services?You may challenge use of your trademark by someone else in several ways, depending on the factual situation. You should consider contacting an attorney specializing in trademark law. Local bar associations and phone directories usually have attorney listings broken down by specialties. Time can be of the essence. Click here for further information.
How do I file a Statement of Use or Extension Request after the Notice of Allowance is issued?The Applicant has six (6) months from the mailing date of the notice of allowance to file either a Statement of Use or an Extension Request.
If the applicant is using the mark in commerce on all of the goods/services listed in the notice of allowance, the applicant must submit a statement of use form, specimen and the required fee(s) within 6 months from the issue date the notice of allowance to avoid abandonment. Applicant cannot withdraw the statement of use; however, the applicant may file one extension request with the statement of use to provide more time to overcome deficiencies in the statement of use. No further extension requests may be filed.
If the applicant is not using the mark in commerce on all of the goods/services listed in the notice of allowance, the applicant must file an extension request form and the required fee(s) to avoid abandonment. The applicant must continue to file extension requests every 6 months calculated from the issue date of the notice of allowance until the statement of use is filed. A total of 5 extension requests may be filed.
If I filed based on an "intent to use" the mark, when must I allege actual use of the mark in commerce?
You must file your Allegation of Use either prior to the date the application is approved for publication or within six months after the Notice of Allowance is issued, unless a request for an extension of time is granted.
May I assign or transfer the ownership of my trademark to someone else?Yes. A registered mark may be assigned and a mark for which an application to register has been filed may be assignable. Certain exceptions exist concerning the assignment of Intent-to-Use applications. Assignments may be recorded in the USPTO for a fee. For the guidelines for filing an assignment and the assignment form itself, click on Assignments or contact the Assignment Recordation Branch at 571-272-3350.
How can I check the status of my application?Once you receive a serial number for your application, you can check the status of your application through the Trademark Status and Document Retrieval (TSDR) system. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 to request a status check. You should check on the status of your pending application every 3-4 months. If the USPTO has taken any action, you may need to respond promptly. All USPTO actions are available for viewing using TSDR.
How long will it take for my mark to register?The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application. You may view the application processing timelines here.
What is the difference between "use in commerce" and "intent to use" in commerce?The basic difference between these two filing bases is whether you have used the mark on all the goods/services. If you have already used your mark in commerce, you may file under the "use in commerce" basis. If you have not yet used your mark in commerce, but intend to use it in the future, you must file under the "intent to use" basis. An "intent to use" basis will require filing an additional form and fee that are unnecessary if you file under "use in commerce."
What is a specimen?A specimen is a sample of how you actually use the mark in commerce on your goods or with your services. A specimen shows the mark as your purchasers encounter it in the marketplace (e.g., on your labels or on your website).
Can you register the name of a musical group or band?A band name may function as a service mark for "entertainment services in the nature of performances by a musical group" if it is used to identify live performances.
Who may file an application?Only the owner of the trademark may file an application for registration. The owner controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used. The owner may be an individual, corporation, partnership, LLC, or other type of legal entity.
Must I be a U.S. citizen to obtain a federal registration?No. However, your citizenship must be provided in the application. If you have dual citizenship, then you must indicate which citizenship will be printed on the certificate of registration.
Where can I conduct a trademark search for trademarks in pending applications and federal registrations?
You may search the USPTO's Trademark Electronic Search System (TESS) database free of charge before filing or you may wish to hire an attorney to perform the search and assess the results for you. Alternatively, you can search the database at a Patent and Trademark Resource Center (PTRC). Information about PTRC locations can be found here.
Do federal regulations govern the use of the designations "TM" or "SM" or the ® symbol?If you claim rights to use a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim of a "common-law" mark. No registration is necessary to use a "TM" or "SM" symbol and you may continue to use these symbols even if the USPTO refuses to register your mark. Those symbols put people on notice that you claim rights in the mark, although common law doesn't give you all the rights and benefits of federal registration.
You may only use the federal registration symbol "®" after the USPTO actually registers a mark, not while an application is pending. And it may only be used on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Although there are no specific requirements on where the symbol should be placed relative to the mark, most businesses use the symbol in the upper right corner of the mark. Note: Because 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.
Is registration guaranteed and can I get a refund of money paid?Registration is not guaranteed and only money paid when not required may be refunded. For information on why registration may be refused, see Basic Facts About Trademarks.
Should I conduct a search for similar trademarks before filing an application?It is advisable to conduct a search before filing your application. See TESS TIPS for further information.
What is a collective mark?A collective mark is any word, phrase, symbol or design, or a combination thereof owned by a cooperative, an association, or other collective group or organization and used by its members to indicate the source of the goods or services.
Must I register my trademark?No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.
What is a service mark?A service mark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term "trademark" is often used to refer to both trademarks and service marks.
What is a copyright?A copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
A copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevant others from writing a description of their own or from making and using the machine. Copyrights are registered by the Library of Congress' Copyright Office.
There are times when you may desire a combination of copyright, patent, and trademark protection for your work. You should consult an attorney to determine what forms of intellectual property protection are best suited to your needs.
What is a collective membership mark?A collective membership mark is any word, phrase, symbol or design, or a combination thereof which indicates that the user of the mark is a member of a particular organization. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a membership mark is to indicate membership, use of the mark is by members.
Other - Getting Started
Can I register my trademark to use on regulated products (e.g. cannabis) and activities (e.g. gambling)?
Applications for trademarks used on regulated products (e.g. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. gambling and wagering, retail stores featuring controlled substances) are subject to additional review. See more information on our Laws and regulations page.
Trademark Help - Madrid Protocol - Basics
What happens if an applicant fails to include all of the intended designated countries?The applicant should immediately send a request to withdraw the international application to the Madrid Processing Unit (MPU) mailbox at mpu@uspto.gov. However, if the international application has already been assigned to a MPU Trademark Specialist for certification or automatically certified electronically, it may be too late.
What other electronic Madrid Protocol forms are available?The USPTO offers several stand-alone forms:
- Application for International Registration
- Subsequent Designation of an International Registration - to extend protection of goods/services to additional countries or extend protection of additional goods/services to previously designated countries
- Response to a Notice of Irregularity
TEAS global form options for:
- Replacement Request - request for the USPTO to note the replacement of a U.S. national registration with a registered extension of protection
- Transformation Request - to request transformation of a cancelled international registration into a US national application
- Declaration of Use or Excusable Nonuse under Section 71
- Combined Declaration of Use & Incontestability under Sections 71 and 15
- Petition to the Director to Review denial of certification of International Application
Can a subsequent designation be submitted through the USPTO for forwarding to the International Bureau?
Yes. If the holder of an international registration is a national of, has a domicile in, or has a real and effective business or commercial establishment in the United States and the international registration is based on a U.S. application or registration, then the subsequent designation may be submitted to the USPTO using the electronic form provided through the Trademark Electronic Application System (TEAS) with a USPTO transmittal fee of $100. The holder also has the option of filing a subsequent designation directly with the International Bureau.
Trademark Help - Madrid Protocol - International Application
How can a U.S. trademark owner file an international application with the USPTO?Generally, an international application must be filed electronically using the Trademark Electronic Application System for International Applications (TEASi).
What happens after the International Bureau registers the mark in the international application?Once the International Bureau registers the mark, the International Bureau will notify each Contracting Party designated in the international registration of the request for an extension of protection to that country. Each designated Contracting Party will then examine the request for an extension of protection the same as it would a national application under its laws. If the application meets the requirements for registration of that country, then the Contracting Party will grant protection of the mark in its country.
There are strict time limits for refusing to grant an extension of protection (a maximum of 18 months). If a Contracting Party does not notify the International Bureau of any refusal of an extension of protection within the time limits set forth in Article 5(2) of the Madrid Protocol, the holder of the international registration is automatically granted protection of its mark in that country.
May an applicant limit the goods and/or services in an international registration?Yes. An applicant may either limit the goods and/or services at the time of filing the international application in the appropriate section of the form or limit them later with the International Bureau (IB) by submitting the required Form MM6 available at www.wipo.int/madrid/en/forms.
May an applicant file an appointment of representative for their international application through the USPTO?
No. An applicant must file the appointment directly with the IB on Form MM12.
If an international application is denied certification by the USPTO, may an applicant resubmit or reuse the USPTO Reference Number assigned to the denied international application when a new international application is filed?
No. Applicant may not resubmit an international application using the same USPTO Reference Number. A new international application will receive a new USPTO Reference Number.
What happens after the international application has been submitted to the USPTO?If the international application meets the requirements of 37 C.F.R. §7.11(a), then the USPTO will certify that certain information in the international application is the same as the information in the U.S. basic application or registration and forward the international application to the International Bureau.
If the international application does not meet the requirements of 37 C.F.R. §7.11(a), then the USPTO will not certify the international application. The USPTO will notify the international applicant of the reasons why the international application cannot be certified. The certification fee is not refundable. The international applicant may promptly resubmit a corrected international application based on the same U.S. application or registration. The certification fees must be included with the new submission. Alternatively, the international applicant can file a petition to the Director to review the denial of certification. Timeliness of petitions is paramount as the international registration date may be affected if the petition is filed too late after issuance of the denial of certification.
How does one know if a petition to the Director to review the denial of certification of an international application has been filed by an applicant and processed by the USPTO?
By using the USPTO Reference Number assigned to an international application, information concerning an international application may be obtained in Trademark Status and Document Retrieval (TSDR) under the section titled "Madrid History" on the "Status" tab. Use the "Documents" tab of TSDR to view the actual petition that was filed and the processing documentation issued by the USPTO in granting or denying the petition.
Trademark Help - Maintaining a Trademark - Section 71
Must I file any other maintenance documents in addition to §71 Declarations?Yes, the holder of a registered extension of protection of an international registration to the U.S. must file an application for renewal of the international registration with the International Bureau (IB). 37 C.F.R. §7.41(a). Renewal of international registrations is governed by Article 7 of the Madrid Protocol and Rules 29 - 31 of the Common Regulations under the Madrid Agreement and Protocol.
When must I file a §71 Declaration?The owner of the registration must file a §71 Declaration during the following time periods:
- First Filing Deadline: File a Declaration of Use (or Excusable Nonuse) on or after the fifth anniversary and no later than the sixth anniversary after the date of registration in the United States, or in the six-month grace period immediately following, with payment of the grace period surcharge.
- Subsequent Filing Deadline: File a Declaration of Use (or Excusable Nonuse) within the year preceding the end of each ten-year period after the date of registration in the U.S., or in the six-month grace period immediately following, with payment of the grace period surcharge.
Yes. USPTO electronic forms for filing a §71 Declaration are available online at the USPTO website through Form #9 in the Registration Maintenance/Renewal Forms.
What is a §71 Declaration of Continued Use?Holders (owners) of registered extensions of protection to the U.S. (also called §66(a) registrations, registrations resulting from 79' series applications, international registrations extended to the U.S.) who wish to maintain the protection granted their mark in the U.S. pursuant to the Madrid Protocol must file an affidavit or declaration of use in commerce or excusable nonuse to avoid cancellation of protection in U.S. Such affidavits are required pursuant to Section 71, 15 U.S.C. §1141k, of the Trademark Act. The USPTO has no authority to waive or extend the deadline for filing a proper §71 Declaration. Registrations cancelled due to the failure to file a §71 Declaration cannot be reinstated or "revived." A new application to pursue registration of the mark again must be filed.
Where can I file additional information on maintenance requirements?Please review the additional information on Madrid Protocol Maintenance Requirements.
How do I renew my registered extension of protection?Requests for renewal of an international registration must be filed directly with the International Bureau (IB). 37 C.F.R. §7.41(a) A renewal can be filed during the six months before expiry of the period of protection or in the six months following the expiry of the current period of protection with the payment of a surcharge.
The term of an international registration is ten years, and it may be renewed for ten years upon payment of the renewal fee. Articles 6(1) and 7(1). There is a renewal form available on the IB website .
On-line renewals may be filed through the WIPO Marks E-Renewal System .
Trademark Help - Maintaining a Trademark - Section 15
Is there a fee for filing a §15 Declaration?Yes. The fee for filing a §15 Declaration electronically using the Trademark Electronic Application System (TEAS) is $200 per class of goods/services. The filing fee for a Sections 8 & 15 Combined Declaration is $325 per class.
Is there a form for filing a §15 Declaration?Yes. There are electronic forms for filing a §15 Declaration, a combined §8 and §15 Declaration, and a combined §15 and §71 Declaration, using the Trademark Electronic Application System (TEAS). These forms may be filed separately as well in accordance with the specific requirements of each.
To what extent does the USPTO examine a Claim of Incontestability under §15?The USPTO neither examines the merits of §15 Declarations nor "accepts" §15 Declarations. However, the USPTO will review a §15 Declaration to determine whether it complies with statutory requirements. The USPTO will acknowledge receipt of only those §15 Declarations that meet all statutory requirements. Section 15 Declarations for registrations issued under Section 69, 15 U.S.C. §1141i, may only be filed in accordance with the specific time requirements outlined in Section 73. 15 U.S.C. §1141m. Section 73 itself does not require a separate filing, but rather only establishes the time for filing. The §15 Declaration form may be used regardless of the original basis for registration.
Who may sign a §15 Declaration?A person who is properly authorized to sign on behalf of the owner may sign the §15 Declaration. That is:
- A person with legal authority to bind the owner;
- A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
- An attorney as defined in 37 C.F.R. §11.1 who is qualified to practice under 37 C.F.R. §11.14 and who has actual written or verbal power of attorney or an implied power of attorney from the owner.
A §15 Declaration must include:
- The registration number and the date of registration;
- The fee for each class of goods/services in the registration to which the Declaration pertains;
- A statement that:
(a) the mark has been in continuous use in commerce for a period of five years subsequent to the date of registration, or the date of publication under 15 U.S.C. §1062(c), on or in connection with the goods/services recited in the registration and is still in use in commerce;
(b) there has been no final decision adverse to the owner's claim of ownership of the mark for the goods/services, or to the owner's right to register the mark or to keep the same on the register; and
What is an "incontestable" registration?An "incontestable" registration is conclusive evidence of the validity of the registered mark, of the registration of the mark, of the owner's ownership of the mark and of the owner's exclusive right to use the mark with the goods/services. The claim of incontestability is subject to certain limited exceptions set forth in §§15 and 33(b) of the Trademark Act, 15 U.S.C. §§1065 and 1115(b).
What is a §15 Declaration?A §15 Declaration is a sworn statement, filed by the owner of a mark registered on the Principal Register, claiming "incontestable" rights in the mark for the goods/services specified. Marks registered on the Supplemental Register are not eligible for claims of incontestable rights under §15.
Is there a particular time period for filing a §15 Declaration?Yes. A §15 Declaration may not be filed until the mark has been in continuous use in commerce for at least five consecutive years subsequent to the date of registration for marks registered under the Act of 1946 (and subsequent to the date of publication under §12(c) of the Trademark Act, 15 U.S.C. §1062(c), for marks registered under the Acts of 1905 and 1881 for which the benefits of the Act of 1946 have been claimed). The §15 Declaration must be executed and filed within one year following a 5-year period of continuous use of the mark in commerce.
Am I required to file a §15 Declaration?No. The filing of a §15 Declaration is optional. An owner may choose to claim the benefits of incontestability by filing a §15 Declaration or may elect to retain the registration without those benefits. The term of the registration, for purpose of renewal, is not affected in either event.
Trademark Help - Maintaining a Trademark - Sections 8 & 9
Is there a fee for filing an application for renewal?Yes. The fee for filing a §9 Renewal electronically using the Trademark Electronic Application System (TEAS) is $300 per class of goods/services. The fee for filing a Combined Section 8 Declaration and Section 9 Renewal Application electronically is $425 per class of goods/services. There is an additional surcharge of $100 per class for filing a Section 9 Renewal Application electronically within the 6-month grace period, or a $200 fee per class for filing a Combined Section 8 Declaration and Section 9 Renewal Application electronically during the grace period.
What must I include in a §9 renewal application?A §9 Renewal Application must include:
- A request to renew the registration signed by the registrant or the registrant's representative;
- The registration number, mark and date of registration;
- A name and address for correspondence; and
- The filing fee.
Section 9 Renewal Applications are reviewed by trademark specialists in the Post-Registration Division. If the §9 Renewal Application is accepted, the USPTO will issue a notice granting the renewal. If the §9 Renewal is refused, the USPTO will send an Office Action stating the reasons for refusal and any remedies available.
You can also view the status of your registration and view and download documents contained in the USPTO’s electronic records using our Trademark Status and Document Retrieval (TSDR) database. To retrieve the records relating to your trademark, enter your application serial number or registration number and click the “Documents” button. You can find your application serial number and your registration number on your registration certificate.
How do I renew my trademark registration?To renew a federal trademark registration, you must file an Application for Renewal under §9 of the Trademark Act, 15 U.S.C. §1059 in conjunction with a §8 Declaration. See the answer below.
Does my registration ever expire?Yes. Subject to the filing of §8 Declarations and §9 Applications for Renewal, federal trademark registrations issued on or after November 16, 1989, remain in force for 10 years, and may be renewed for 10-year periods. Trademark registrations issued or renewed prior to November 16, 1989 remain in force for 20 years, and may be renewed for 10-year periods.
Is there a form for filing a combined §8 Declaration and a §9 renewal application?Yes. USPTO electronic forms for filing a combined §8 declaration and §9 renewal application are available online at the USPTO website.
Is there a specific time period for filing a §9 renewal application?Yes. The owner must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date, and between every 9th and 10th year after the registration date thereafter. See 15 U.S.C. § 1059. NOTE regarding Grace Period Filings: The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. The USPTO has no authority to waive or extend the deadline for filing a proper §9 Renewal Application. Registrations cancelled due to the failure to file a §9 Renewal Application cannot be reinstated or "revived." A new application to pursue registration of the mark again must be filed.
Because the time period for filing the 10-year §8 Declaration coincides with the filing of a §9 Renewal Application, the USPTO created a form entitled "Combined Declaration of Use in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9" ("combined form"). As noted above, the filing of timely §8 Declarations are required to avoid the cancellation of a registration.
Trademark Help - Maintaining a Trademark - Section 8
What must I include in a §8 Declaration?A §8 Declaration must include:
- The registration number;
- The name and address of the current owner;
- The fee for filing the Declaration;
- If the mark is in use: a statement that the registered mark is in use in commerce; a list of the goods/services recited in the registration on or in connection with which the mark is in use; and one specimen per class of goods/services. Examples of acceptable specimens are tags/labels affixed to the goods, and advertisements for services; and
- A signed and dated affidavit or declaration under 37 C.F.R. §2.20. supporting the above statements.
The fee for filing a §8 Declaration electronically using the Trademark Electronic Application System (TEAS) is $125 per class of goods/services. There is an additional grace period surcharge of $100 per class of goods/services when filing electronically during the 6-month grace period.
What specific type of information must I include in a §8 Declaration of Excusable Nonuse?If the owner of the registration is claiming excusable nonuse of the mark, the §8 Declaration must include:
- The registration number;
- The name and address of the current owner;
- The fee for filing the Declaration;
- A list of the goods/services in the registration on or in connection with which the mark is not in use in commerce; the date of the last use of the mark in commerce;
- The date of the last use of the mark in commerce; the approximate date when use in commerce is expected to resume; details regarding the reason for nonuse; and specific steps being taken to resume use; and
- A signed and dated affidavit or declaration under 37 C.F.R. §2.20 supporting the above statements.
The owner or a person who is properly authorized to sign on behalf of the owner may sign the §8 Declaration. That is:
- A person with legal authority to bind the owner;
- A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
- An attorney as defined in 37 C.F.R. §11.1 who is qualified to practice under 37 C.F.R. §11.14 and who has actual written or verbal power of attorney or an implied power of attorney from the owner.
Section 8 Declarations are reviewed by trademark specialists in the Post-Registration Division. If the §8 Declaration is accepted, the USPTO will send a Notice of Acceptance. If the §8 Declaration is refused, the Office will send an Office Action stating the reasons for refusal and any remedies available.
You can also view the status of your registration and view and download documents contained in the USPTO’s electronic records using our Trademark Status and Document Retrieval (TSDR) database. To retrieve the records relating to your trademark, enter your application serial number or registration number and click the “Documents” button. You can find your application serial number and your registration number on your registration certificate.
When must I file a §8 Declaration?The owner of the registration must file a §8 Declaration during the following time periods:
- First Filing Deadline: File a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. § 1058. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period from the registration date, unless cancelled by an order of the Commissioner for Trademark or a federal court
- Subsequent Filing Deadline: File a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date, and between every 9th and 10th year after the registration date thereafter. See 15 U.S.C. § 1059.
NOTE regarding Grace Period Filings: The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.
Will my registration be cancelled if I do not file a §8 Declaration?Yes. The USPTO will cancel any registration on either the Principal Register or the Supplemental Register if a timely §8 Declaration is not filed by the current owner of the registration during the prescribed time periods. The USPTO has no authority to waive or extend the deadline for filing a proper §8 Declaration. Registrations cancelled due to the failure to file a §8 Declaration cannot be reinstated or "revived." A new application to pursue registration of the mark again must be filed.
What is a §8 Declaration of Continued Use?A §8 Declaration of Continued Use is a sworn statement, filed by the owner of a registration, that the mark is in use in commerce. Section 8 of the Trademark Act, 15 U.S.C. §1058. If the owner is claiming excusable nonuse of the mark, a §8 Declaration of Excusable Nonuse may be filed. The purpose of the §8 Declaration is to remove marks no longer in use from the register.
Is there a form for filing a §8 Declaration?Yes. USPTO electronic forms for filing a §8 Declaration and a combined 10-year §8 Declaration and §9 Renewal Application are available online at the USPTO website.
Where can I learn more about Excusable Nonuse?The Trademark Manual of Examining Procedure (TMEP) is available online at the USPTO website. This resource contains an explanation of excusable nonuse and examples of circumstances under which a claim of excusable nonuse has been accepted. See TMEP §1604.11.
In general, nonuse must be temporary, and the owner must clearly demonstrate how the circumstances prevent use of the mark in commerce and what efforts are being made to resume use. Please note that nonuse due to the decreased demand for a product does not by itself constitute "excusable nonuse."
What is a Declaration of Excusable Nonuse?A §8 Declaration of Excusable Nonuse is a sworn statement, filed by the owner of a registration, that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. Section 8 of the Trademark Act, 15 U.S.C. 1058.
If my §8 Declaration of Excusable Nonuse is accepted, do I have to file another §8 Declaration when I resume using the mark?
No. Once the USPTO accepts the §8 Declaration of Excusable Nonuse, the owner of the registration is not required to file another §8 Declaration until the next statutory filing period.
Trademark Help - Maintaining a Trademark - Basics
What are the process steps and time frames for maintaining trademark registrations?- View the Post Registration Timeline for all Registrations except Madrid Protocol-Based Registrations for an overview of the process steps and time frames for maintaining a trademark registration. After a registration issues, to keep the registration "alive" or valid, the registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your registration.
- View the Post-Registration Timeline for Madrid Protocol-Based Registration for an overview of the process steps and time frames for maintaining a Madrid Protocol-based registration. After protection is granted to the international registration and a U.S. registration issues, to keep protection in the U.S., the U.S. registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your U.S. registration and the invalidation of protection of the international registration by the USPTO.
Trademark Help - Native American Tribal Insignia - Basics - Technical Information - Native American Tribal Insignia Database - Basics
What is the Native American tribal insignia database?The Native American tribal insignia database is a public collection database that is a component of the trademark search system, a larger database maintained by the United States Patent and Trademark Office (USPTO). This database records the official tribal insignia of federally or state-recognized Native American tribes, and we use it to help us examine applications for trademark registration. As part of the examination process, we determine whether trademarks may falsely suggest a connection to the tribal insignias of participating Native American tribes. See our Native American tribal insignia webpage for more information.
How can a federally or state-recognized Native American tribe request for its official tribal insignia to be included in the database?
A federally or state-recognized Native American tribe may submit its official tribal insignia to the database by submitting a written request in compliance with the guidelines listed on the Native American tribal insignia webpage. You can submit your request electronically, by mail, by fax, or by hand delivery. We invite tribes to submit more than one tribal insignia. Please submit only one per request.
When the USPTO enters a tribal insignia in the database, does it first make an official determination that the tribal insignia is the official tribal insignia of the Native American tribe that made the submission?
No. We do not investigate whether the tribal insignia is the official tribal insignia of the tribe that made the submission. We comply with every proper request to include tribal insignia in the database. See our Native American tribal insignia webpage for more information.
TEASi
When is TEASi available?We make every effort to have TEASi available 24 hours a day, seven days a week. However, the site is sometimes down for scheduled maintenance, for which the USPTO generally posts advance notice. We recommend that you check the current server status and planned outages page before beginning the filing process. Sometimes the site is also down unexpectedly. Although we try to restore service as soon as possible, this does not always happen as quickly as we would hope. Because of the possibility of an unforeseen problem (such as site downtime or Internet connectivity issues), we do encourage you to plan ahead when filing papers electronically and not wait until the last minute to file time-sensitive papers with the USPTO.
All forms filed via TEASi are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).
If your deadline is today and the document cannot be filed via TEASi due to an outage, you must use an alternative method of filing to ensure that the document is timely received in the USPTO. A deadline that falls on a Saturday, Sunday or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. See TMEP §308.
Trademark Help - TEASi - Priority Claim Information
What are the goods and/or services listed in an earlier filing, for which priority is claimed?If the country of earlier filing is the United States, click the "Retrieve GS" button to populate Class and goods/services data automatically. Otherwise, you must use the pull-down box to enter the number of classes you wish to add, and then click on the "Add Classes" button.
What are the dates of earlier filing?Enter the filing date of the application that is the basis for the priority claim. NOTE: In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the six-month period from the claimed priority date is a day when the Office of origin is not open for the receipt of requests to present international applications, the six-month period will, where the international registration bears the date of the receipt by the Office of origin of the said request, be extended until the first following working day at the Office of origin; similarly, where the international registration bears the date of the receipt of the international application by the International Bureau (IB), or a subsequent date, and the last day of the six-month period is a day when the IB is not open to the public, the six-month period will be extended until the first following working day at the IB.
What is a priority claim?An international applicant may assert a priority claim for a trademark application filed in another country, prior to the filing of the international application. If recognized by the International Bureau (IB), this claim may result in an international registration date that is earlier than the date of filing of the international application.
What happens when the last day of the six-month period from the claimed priority date is a date when the Office of origin is not open?
In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the six-month period from the claimed priority date is a day when the Office of origin is not open for the receipt of requests to present international applications, the six-month period will, where the international registration bears the date of the receipt by the Office of origin of the said request, be extended until the first following working day at the Office of origin; similarly, where the international registration bears the date of the receipt of the international application by the International Bureau (IB), or a subsequent date, and the last day of the six-month period is a day when the IB is not open to the public, the six-month period will be extended until the first following working day at the IB.
Trademark Help - TEASi - International Application FAQ's
How do I open an account at WIPO’s International Bureau?To open a current account for the settlement of fees at WIPO's International Bureau (IB), you must file a signed request for the opening of the account, together with the payment of an initial deposit. The current accounts will be kept only in Swiss francs at the headquarters of WIPO in Geneva. An initial deposit of at least 5,000 Swiss francs (CHF) is recommended. For further information on establishing an account at WIPO, review the Current Account at WIPO's International Bureau page.
What are the filing requirements for an international application?Under 37 C.F.R. §7.11(a), the United States Patent and Trademark Office (USPTO) will grant a date of receipt to an international application that is submitted through the Trademark Electronic Application System International (TEASi) and contains all of the following:
1. The filing date and serial number of the U.S. basic application and/or the registration date and registration number of the U.S. basic registration;
Will TEASi form work on mobile devices?
2. The name of the international applicant that is identical to the name of the applicant or registrant as it appears in the basic application or basic registration and applicant's current address;
3. A statement that the applicant is entitled to file an international application in the USPTO, specifying that applicant:
(i) is a national of the United States;
(ii) has a domicile in the United States; or
(iii) has a real and effective industrial or commercial establishment in the United States. Where an applicant's address is not in the United States, the applicant must provide the address of its U.S. domicile or establishment.
4. An e-mail address for receipt of correspondence from the USPTO.
5. A reproduction of the mark that is the same as the mark in the basic application and/or registration.
6. A color claim as detailed in § 7.12, if appropriate;
7. A description of the mark that is the same as the description of the mark in the basic application or registration, as appropriate;
8. An indication of the type of mark if the mark in the basic application and/or registration is: (1) a three-dimensional mark, (2) a sound mark, (3) a collective mark, or (4) a certification mark;
9. A list of the goods and/or services that is identical to or narrower than the list of goods and/or services in each claimed basic application or registration and classified according to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
10. Fees in the nature of: (1) the USPTO certification fee, (2) the international application fees for all classes, and (3) the fees for all designated Contracting Parties identified in the international application.Yes, TEASi form works on all iOS, Android and Windows mobile devices.
What is the difference between the pre-populated form and the free-text form?Pre-Populated Form: The pre-populated form will automatically display the exact information that is already in the USPTO database for one specific serial number of a U.S. basic application or a U.S. basic registration number. If you do not change any data fields, the USPTO will directly submit information that must be certified to WIPO's International Bureau (IB), without independent review of this data at the USPTO. Alternatively, this form may be used where certain data fields can be changed (e.g., either narrowing the scope of the identification of goods and/or services in the U.S. basic application or registration, and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database as a black-and-white image); however, if any data field is changed, an independent review of this data will occur by the USPTO's Madrid Processing Unit before the form will be forwarded to the IB.
Free-Text Form: The free-text form must be used if: (1) the application for international registration is being based on more than one serial number of a U.S. basic application or a U.S. basic registration number; (2) data is being changed in any way other than only narrowing the scope of the identification of goods and/or services in the U.S. basic application or registration and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database as a black-and-white image; or (3) the U.S. basic application being used as the basis is not yet loaded into the Office's database at the time of filing, e.g., immediately after a U.S. application was filed. Information on this form is not automatically certified, and will not be submitted directly to the IB. Instead, the form will be routed to the USPTO's Madrid Processing Unit for review. If all elements required for certification are supplied, the form will then be forwarded to the IB.
Trademark Help - TEASi - Fees
What is the IB Account Number?The number of a current account that has been opened with the International Bureau (IB).
What fees are associated with filing an International application for Registration?In addition to the USPTO certification fees, there are fees that must be paid to WIPO. These WIPO fees payable in connection with the filing of an international application consist of: (1) the basic fee (WIPO's fee for processing the international application) and (2) either the complimentary fee(s) or the individual fee(s), depending on the Contracting Parties designated. An additional fee is required for the submission of any color image. The calculation can be determined from the WIPO fee calculator. The total is reflected in U.S. dollars, as converted from Swiss francs. See WIPO's website at http://www.wipo.int/madrid/en/fees/ for more details.
How is the USPTO certification fee calculated?USPTO Certification Fee: If the international application is based on one basic application or one basic registration, the fee is $100 per class based on the total number of classes in the international application. Each class only counts once, even if that class is claimed multiple times for different Contracting Party countries within the international application. The fee is $150 per class, rather than $100 per class, when the international application is based on more than one U.S. basic application or registration. These fees are for filing the international application electronically. If the international application is filed on paper, the fees will be higher.
What is the Exchange Rate?This is the rate being used to convert Swiss francs into U.S. dollars. This rate is obtained daily and populates the form to determine the amount due at the time of filing.
What is the payment reference number?For a payment already submitted and acknowledged by WIPO, the specific payment reference number assigned to the submission.
What is the account holder?The full name of the holder of the current account that has been opened with the International Bureau (IB).
What is the WIPO receipt number?The number assigned by WIPO to confirm receipt of payment.
Trademark Help - TEASi - Mark Section
What kind of characters can I use in my standard character mark?For entry of a mark at Option #1 in the Free-Text form, the entered character(s) must appear in the USPTO accepted standard character set. From the entry made, the USPTO will create a JPG image file of the mark, required for proper processing.
If using the Pre-Populated form, the mark is automatically populated into the form and cannot be changed.
When attaching my drawing image what is the proper size of the JPG/JPEG file? All black-and-white jpg images and color jpg images must be scanned at no less than 300 dots per inch and no more than 350 dots per inch, and with a length and width of no less than 250 pixels and no more than 944 pixels, e.g., a valid pixel dimension is 640 X 480 pixels. To ensure your image file meets these requirements, you can use a free graphic viewer, e.g., Irfanview. If you cut-and-paste an image into Irfanview, or open an image file using the program, select "Image" from the tool bar and "Information" from the drop-down choices to view the current DPI and pixel dimensions. If your image is not in the proper dimension, you can use Irfanview to change the DPI and pixel dimensions: 1) Select "Image" from the tool bar; 2) Select "Resize" from the drop-down choices; 3) Set the DPI to 300 - 350 and change the pixel dimension to within the accepted range of 250 X 944; 4) If the new image file looks acceptable to you in the new dimensions, save the image file, by selecting "File" from the tool bar and using the "Save As" feature to save the file as a JPG image. If the image is not clear, do not submit the image. Instead, seek the assistance of a graphic artist to create the properly-sized jpg file.
Can an application for International Registration contain fewer classes than what is listed in the basic application/registration?
Yes. The application for international registration can be limited to only those classes for which you want the international registration to cover. E.g., the basic application may contain 4 total classes but all designated Contracting Parties may be limited to only 3 of those classes.
When is a description of the mark required?If the basic application or basic registration contains a description of the mark, the international application must contain the same description of the mark. If the mark is in color, you should list the portions of the mark that are in color and the corresponding color for each, e.g., "A bird with a blue body, a red head, and a yellow beak." Do not enter any USPTO design search codes or their descriptions in the mark description field, e.g., silhouettes of men is coded 02.01.02.
How do I make sure my black and white drawing image is acceptable?To decrease the color depth in an existing JPEG image to only grayscale (and as close to pure "black-and-white" as possible), you can use a free graphic viewer, e.g., Irfanview. If you copy-and-paste an image into Irfanview, you can decrease the color depth to two colors by following these steps: 1) Select "Image" from the tool bar; 2) Select "Decrease Color Depth" from the drop-down menu; 3) Select "2 colors, black and white;" 4) Click "ok;" 5) Confirm view of image as a pure black and white image; 6) Select "File" from the tool bar and select "Save As;" 7) Select "Save as grayscale JPEG" that appears in a popup window titled "JPEG/GIF save options"; 8) Save the image as a JPEG; and 9) Attach this image to your application as your proper black-and-white mark image. If you are not able to reproduce your mark as a pure black-and-white image, you should seek the assistance of a graphic artist.
NOTE: The form will "reject" a "black-and-white" image that has colors associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined for color are not; you must submit an actual color image
What are the requirements for submitting a black and white drawing?The "ideal" "black-and-white" image would consist of only two colors, namely, black and white. Unfortunately, due to limitations within the existing JPEG format, that is impossible. Instead, the "best" possible image will be a grayscale image that is as close to black and white as possible. This grayscale image can be created by image editors that will save the image in 8-bit JPEG, which eliminates all color elements from the JPEG image. When scanning your image file, you should confirm that the settings on your scanner are set to create a black-and-white or grayscale JPEG, not a color image. If you submit a black-and-white or grayscale image that has colors associated with it, WIPO will reject the image and you will receive an irregularity on your application.
NOTE: The form will "reject" a "black-and-white" image that has colors associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined for color are not; you must submit an actual color image
What is a Transliteration statement?Transliteration: Enter the transliteration of any non-Latin characters in the mark. A transliteration is the phonetic spelling, in corresponding Latin characters, of the word(s) in the mark that are in non-Latin characters. E.g., if the mark consists of the Chinese character that is pronounced "Chi," you would enter "Chi" in this field.
Will the (IB) check my Translation statement for accuracy?Where the mark consists of or contains words that can be translated, such a translation may be provided. The translation may be into English and/or French and/or Spanish, irrespective of the language of the international application. The International Bureau (IB) will not check the accuracy of any translation of the mark, nor will it question the absence of a translation or provide a translation of its own.
What are the requirements for a color mark?Parts of the mark in color: List the portions of the mark that are in color and the corresponding color for each, e.g., "A bird with a blue body, a red head, and a yellow beak." This statement need not duplicate the mark description but must identify the principal parts of the mark that are in each color.
Color(s) in the mark: List here only the actual color(s) appearing within the mark. For example, a proper entry may consist of the single word "green," or multiple colors, such as "red, blue, and yellow." No other information should be provided.
Uploaded Color Image: If you have uploaded a color image, but do not wish to proceed with that color image, you must return to the Wizard page and answer "No" to Question #1. When you return to the Mark section, your original image from the USPTO database will then be displayed.
Is a Disclaimer required for an International application?A disclaimer is not required in the international application merely because it occurs in the basic application or is contained in the basic registration. You may enter the descriptive or generic wording found in the mark, for which no claim is being made to the exclusive right to use, apart from the mark as shown, in order to obviate a request for such a disclaimer by a designated Contracting Party.
What is the Verbal Element of the mark?Verbal Element: Enter the word(s) that appear within the overall composite mark (as shown in the 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.
Trademark Help - TEASi - Exclusions And Limitations
Does a Limitation statement remove goods/services from an international application?A limitation allows you to request protection of the mark in specifically designated Contracting Parties for less than all of the goods/services/classes that will be covered by the international registration. The applicant may request a limitation of the list of goods and/or services, which may affect some or all of the designated Contracting Parties. This does NOT remove the goods and/or services from the international application or affect their ability to be assigned in a subsequent designation. The sole effect is that the international registration does not extend a request for protection for those goods and/or services that are not identified in the limitation into the Contracting Parties identified in the application. The goods and/or services will still be examined by the International Bureau (IB), and, if accepted, published in the International Gazette as part of the international registration. They may be subsequently designated at any time after issuance of the international registration into any of the Contracting Parties.
Can a class previously excluded from an international application be re-added at a later time?A new international application may be filed in the future to extend protection of the excluded class, so long as the U.S. basic application or registration is maintained.
An exclusion of the goods and/or services in a class removes the class from the international application. The USPTO does not send the goods and/or services information for the excluded class to the International Bureau (IB), and no subsequent designation of this class will be possible.
What is a “Partial Limitation” of goods/services?A "partial limitation" is a narrowed list of goods and/or services for a particular class which are extended into some or all designated Contracting Parties in the international application. The listing of goods and/or services in a "partial limitation" is the only goods and/or services for which protection is being sought in the designated Contracting Parties.
What is meant by “Total Limitation” of goods/services?In a "total limitation," the entire list of goods and/or services for a particular class or classes is not extended into some or all designated Contracting Parties in the international application. The class or classes will remain part of the international registration and may be subsequently designated at a later time to any Contracting Party.
Trademark Help - TEASi - Basics
How do I fill out the TEASi forms?Complete all fields for which information is known. Fields prefaced with an asterisk (*) are required fields for filing purposes and must be completed. Do not use your browser's "Back" or "Forward" buttons.
Instead, use the " " buttons at the bottom of each section of the form. As you navigate through the sections, each section is validated before the next section is displayed. If there are any errors, you must fix them before proceeding to the next section.
To save data already entered within a section, you must first click on "Next >" prior to using the " Do I have to download software?
No. All of the software remains on the USPTO website.
What is TEASi?Trademark Electronic Application Submission International (TEASi) is an e-filing system that allows for the filing of the forms required under the Madrid Protocol to the United States Patent and Trademark Office (USPTO). The Madrid Protocol is an international treaty that establishes a framework for the international registration of trademarks. It allows a trademark owner to file for registration in any of the countries (called Contracting Parties) that have joined the Madrid Protocol by filing a single application, called an “international application” or “Madrid application.” The international application is based on an application or registration in the trademark owner’s own country (a basic application or basic registration). The International Bureau (IB) of the World Property Intellectual Organization (WIPO) administers the international trademark applications under the Madrid System for the International Registration of Marks (the Madrid System). TEASi allows USPTO customers to submit electronic forms for the filing of an application for international registration, subsequent designation, request for transformation, request to note replacement, and response to a notice of irregularity issued by the International Bureau of WIPO. TEASi can be accessed through the USPTO website at http://www.uspto.gov/trademarks/teas/teasi.jsp .
How do I save a TEASi form?To save the form, click on the “Save Form” button at the bottom of the Validation Page. The system will send you an email at the address you provided with a subject line “Application for International Registration Saved.” The message will contain a link from which you can access the saved application at a later time.
Are there specific browser requirements?To use this form successfully, please note the following requirements:
- You must use one of the following browsers: Internet Explorer 9+; FireFox 5+; Safari 5.1+; Google Chrome 13+. You can NOT use Netscape 4.x;
- You must have the cookies and javascript features of your browser enabled;
- Do NOT use your browser's "BACK" or "FORWARD" buttons at any time to navigate through any portion of this form. Always use the navigational tools provided specifically at the bottom of the form pages; and
- If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from TEAS@uspto.gov are not falsely identified as spam or junk.
All forms filed via TEASi are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).
Trademark Help - TEASi - Goods/Services
Does the description of Goods and Services in an International Application have to be identical to the description of Goods and Services in the basic application/registration?
Enter the goods and/or services that are identical to or narrower than the goods and/or services identified in each claimed U.S. basic application or registration. For more information about acceptable language for the goods and/or services, see the USPTO's on-line U.S. Acceptable Identification of Goods and Services Manual (ID Manual), or WIPO's on-line Goods & Services Manager.
Trademark Help - TEASi - Contact Information
What should I do if I experience technical difficulties when using a TEASi form?If you need help resolving technical glitches, you should e-mail TEAS@uspto.gov. The TEAS team is generally available Monday – Friday from 8 a.m. until 5 p.m. Eastern Time, except holidays, and will respond to your inquiry at the earliest opportunity.
What should I do if I have general questions about the Madrid Protocol?For general information about the Madrid Protocol, please contact the Madrid Processing Unit at MPU@uspto.gov, or (571) 272-8910. Please include your telephone number in your e-mail or voicemail so we can talk to you directly, if necessary. MPU is generally available Monday - Friday from 8:30 a.m. until 5:00 p.m. Eastern Time, except holidays, and will respond to your inquiry at the earliest opportunity.
Trademark Center
What is the Trademark Center filing fee?The cost to file an application remains the same in both Trademark Center and TEAS. See our current fee schedule .
What can I submit in Trademark Center?You can submit a TEAS Standard or TEAS Plus application in Trademark Center.
What is Trademark Center?Eventually, it’ll become the single platform to apply for and maintain registered trademarks. Over the next few years, we’ll gradually transition all forms from the Trademark Electronic Application System (TEAS) and TEAS International ( TEASi ) to Trademark Center .
Trademark Help - Trademark Electronic Application System (TEAS) - Basics - Technical Information - Trademark Electronic Application System (TEAS) - Other
When is TEAS available?We make every effort to have the Trademark Electronic Application System (TEAS) available 24 hours a day, seven days a week. The site is sometimes down for scheduled maintenance, for which the USPTO generally posts advance notice. We recommend that you check the current server status and planned outages page before beginning the filing process. Sometimes the site is also down unexpectedly. Although we try to restore service as soon as possible, this does not always happen as quickly as we would hope. Because of the possibility of an unforeseen problem (such as site downtime or Internet connectivity issues), we encourage you to plan ahead and not wait until the last minute to file time-sensitive forms electronically with the USPTO.
All forms filed via TEAS are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).
If your deadline is today and the document cannot be filed via TEAS due to an outage, you must use an alternative method of filing to ensure that the document is timely received in the USPTO. A deadline that falls on a Saturday, Sunday or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. section 2.196. See TMEP section 308.
When is the Trademark Electronic Application System (TEAS) available?We make every effort to have the Trademark Electronic Application System (TEAS) available 24 hours a day, seven days a week. The site is sometimes down for scheduled maintenance, for which the USPTO generally posts advance notice. We recommend that you check the current server status and planned outages page before beginning the filing process. Sometimes the site is also down unexpectedly. Although we try to restore service as soon as possible, this does not always happen as quickly as we would hope. Because of the possibility of an unforeseen problem (such as site downtime or Internet connectivity issues), we encourage you to plan ahead and not wait until the last minute to file time-sensitive forms electronically with the USPTO.
All forms filed via TEAS are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).
If your deadline is today and the document cannot be filed via TEAS due to an outage, you must use an alternative method of filing to ensure that the document is timely received in the USPTO. A deadline that falls on a Saturday, Sunday or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. See TMEP 308.
What controls the filing date for a TEAS filing?All forms filed via TEAS are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST). The time/date stamp is applied at the moment the payment process is completed and the success screen is displayed. The time/date stamp applied by the TEAS server is the official time the USPTO received the application or form; the time the transmission began is not a factor considered when assigning the filing date. The official filing date and time can be found at the bottom of your e-mail confirmation. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of USPTO's "normal" business hours).
How do I save a TEAS form?TEAS allows you to save your work as a portable form at the Validation Page. This page appears at the end of the application after you have entered all your information in the form. To download and save the form data, you must click on the "Download Portable Data" button at the bottom of the Validation Page. The information will be saved to your local drive. To begin the submission process with saved data, you must open a new form, and click on the "Browse/Choose File" button displayed on the initial form wizard page, at "[OPTIONAL]" To access previously-saved data, use the "Browse/Choose File" button below to access the file from your local drive." Clicking on the "Continue" button at the bottom of the first page will then properly open the saved version of the form.
Alternatively, you may create a "dummy" form and enter the "real" data at a later point. You can create a "dummy" form by (1) pulling up the regular TEAS form; (2) entering either an "x" for any mandatory field, or "fake" numbers where a numerical entry is required, or attaching a "dummy" image file; (3) validating this version of the form; (4) using the button on the bottom of the validation page to save the form to your local drive; (5) pulling up the saved form, and (6) entering "real" data for any field wherein an "x" was initially used as a "data placeholder." WARNING: If you create a "dummy" form, and the USPTO then later upgrades the form, the saved template may not be usable for future filings, and a new template based on the upgraded version of the form may have to be created.
Can I keep data when backing up in a form?If you "back up" on a TEAS form after validation, e.g., to correct an error, and your form is now completely blank, your system probably has a "cache" deficiency. Cache is a storage area on your browser that is used to keep track of Internet web pages. Augmenting your cache can enhance your computer system's performance, and allow you to complete TEAS forms without losing previously-entered data. To accomplish this, you should allocate at least 5-10 megabytes (approximately 5,000-10,000 KB) of your hard drive to the browser. If you have a small hard drive and cannot allocate this amount, you should allocate about 5-10% of your available hard drive capacity to your browser. Also, we recommend that you periodically totally clear your cached files.
Augmenting your Cache:
To increase your cache size, follow the steps under the appropriate browser version:
For Navigator 4-7x:- 1. Under the Edit menu, select Preferences, double-click Advanced, and select Cache.
- 2. Change the disk cache to between 5,000 and 10,000 KB.
For Internet Explorer 4:
- 1. Under the View menu, select Internet Options and choose the General tab.
- 2. Under Temporary Internet Files, click Settings. Under "Amount of disk space to use," drag the slider all the way to the right and click "ok."
For Internet Explorer 5-6x:
- 1. Under the Tools menu, select Internet Options and choose the General tab.
- 2. Under Temporary Internet Files, click Settings. Under "Amount of disk space to use," drag the slider all the way to the right and click "ok."
Clearing your Cache:
To clear your cached files, follow the steps under the appropriate browser version:
For Navigator 4-7x:- 1. Under the Edit menu, select Preferences, double-click Advanced, and select Cache.
- 2. Click the Clear Memory Cache and Clear Disc Cache buttons.
For Internet Explorer 4:
- 1. Under the View menu, select Options and choose the General tab.
- 2. In the Temporary Internet Files dialog box, click Settings/Delete Files.
For Internet Explorer 5-6x:
- 1. Under the Tools menu, select Internet Options and choose the General tab.
- 2. In the Temporary Internet Files section, click Delete Cookies Delete History files.
A Blackberry can be used to sign a TEAS form (using the e-signature approach), with certain workaround steps. Do not click directly on the provided link (i.e., at, e.g., "To sign Trademark/Service Mark Application, Principal Register electronically, please CLICK HERE,"); otherwise, an error will result. Instead, you must copy the long link provided beneath the above (i.e., e.g. https://teasplus.uspto.gov/submit250/sign.service?id=USPTO/FTK-10.113.1… ). Then, go to the web browser and paste in the entire link. By way of example, here are specific instructions presented to the USPTO by a Blackberry user: 1). Go into the T-zones web browser (browser provided by this user's service provider, i.e., T-mobile); 2). Click "Track wheel" and select "Paste;" 3). Click "Track wheel" again, and select "O.K.;" 4). This should result in the signature page being displayed, wherein the signature and date can be entered.
Is the TEAS login requirement only for new applications?All TEAS and TEASi forms will require customers to log in starting October 26, 2019, even if they applied before that date. This includes forms for applications in progress and registration maintenance filings.
How do I avoid timing out of a TEAS and TEASi form after 30 minutes of inactivity?Certain actions reset the inactivity timer and keep your session alive. Actions that count as activity include:
- Changing pages within the form using the “Go Back” or ”Continue” navigation buttons at the bottom of each page.
- Uploading attachments to TEAS.
- Choosing “Yes, keep me signed in” on the inactivity pop-up warning.
Actions that do not count as activity include:
- Typing in a text field. Please consider typing lengthy responses into a separate document first and then pasting them into the form.
- Browsing the ID manual inside of TEAS and checking the boxes of identifications does not count as activity until you insert the checked entries in the form.
- Clicking hyperlinks or help text links in the TEAS or TEASi form.
- Checking boxes and radio buttons. Since some boxes and radio buttons behave differently than others, assume none of them count as activity.
You will be logged off after 30 minutes of inactivity. You will see a warning when there are five minutes remaining. A countdown timer will appear and you can choose “Yes, continue my session” to keep working. If you do not choose to continue your session, after five minutes you will be timed out of the form. When this happens, you will lose all the data entered in the form if you have not previously saved it by selecting the “Save” button on the validation page. If you are timed out due to inactivity, you will need to start the form again.
Will my client have to create a USPTO.gov account just to sign or review a document?The TEAS e-signature process and the TEASi “send for review” process are exempt from the login requirement. Customers using the TEAS e-signature process can sign and return a document without logging in.
What is the Trademark Electronic Application System (TEAS)?The Trademark Electronic Application System (TEAS) allows you to fill out online USPTO forms. You can submit the forms directly to the USPTO over the Internet and pay by credit cards, electronic funds transfer, or through an existing USPTO deposit account. TEAS can also be used to file other documents including a response to an examining attorney's Office action, a change of address, an allegation of use, and post registration maintenance documents.
Trademark Help - Trademark Electronic Application System (TEAS) - Contact Information - Technical Information - Trademark Electronic Application System (TEAS) - Other
When are emails to the TEAS mailbox answered?The TEAS mailbox is monitored Monday through Friday, 8 a.m. until 8 p.m. ET, with the exception of federal holidays. A representative will respond to your request during the next scheduled business day. Please be advised that when a filing deadline falls on a Saturday, Sunday, or federal holiday, the filing may be made on the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. For immediate technical support on Saturdays and Sundays through 10 p.m. EST, please call 1-800-786-9199 (press 3).
Please be advised that if the deadline for filing your document is today, you must use an alternative method of filing to ensure that the document is timely received. Information on alternative filing and payment methods for common document types is available on the Filing Documents During an Outage page.
A reminder that you may email TEAS@uspto.gov for help in resolving glitches or answering technical questions. Please include the following information: (1) your name, (2) telephone number, (3) serial number and/or registration number, (4) a description of your issue, including the name of the form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.), and (5) a screen shot of any error message that you are receiving.
If you need general trademark information, please Contact the Trademark Assistance Center.
Trademark Help - Trademark Electronic Application System (TEAS) - Drawing/Image Files
What are the requirements for drawing files (mark images)?The mark image you submit with your application will be printed on your registration certificate. It is in your best interest to submit a clear, high-quality image.
Mark image requirements:
- JPG format
- 5 MB or smaller
- The filename must be less than 256 characters long, including the .jpg extension.
You are encouraged to use the shortest name possible. Remember to save images created on a Macintosh using Adobe Photoshop or Illustrator with the .jpg extension. - Cannot be zipped or otherwise compressed
Please bear in mind that JPG files are already compressed. - The mark image cannot include the trademark, service mark or registration symbols (TM, SM,®).
These symbols should only appear on your specimen. Please see TMEP section 906 for more details. - The image must contain as little white space around the design as possible.
- Submit the image in black and white or grayscale if you are not claiming color as a feature of your mark.
- Submit the image in color if you are claiming color as a feature of your mark.
- If submitting in color, use RGB color scheme.
- Adobe Photoshop/Illustrator users must not submit files in the CYMK color scheme.
Additionally, we recommend you do the following to create a high-quality image:
- If possible, stay all-electronic.
TEAS loads images directly to our database without the error-producing steps of printing and scanning. - If you must scan:
- Scan a high-quality original.
- Scan at a high resolution.
- Use your scanning software to crop, resize, and adjust the image to minimize white space.
- Scan black and white or color images at 300-350 dots per inch, and with a pixel range of 250-944 pixels for both length and width. We also accept grayscale images, so you can scan your image using 8 bits per sample pixel. We consider images saved in grayscale to be black and white.
We accept image files in PDF or JPG format. Drawing files (mark images) must be submitted in JPG format, see requirements for drawing files for more information. You may submit all other image files (specimens, evidence, etc.) in either format.
JPG requirements:
- JPG files must be 5MB or smaller.
- The filename can be up to 256 characters long, including the ".jpg" extension.
You are encouraged to use the shortest filename possible. Remember to save images created on a Macintosh using Adobe Photoshop or Illustrator with the .jpg extensions.
PDF requirements:
Size- All files must be 30MB or smaller
- All files must be saved at 300 DPI
- Page size within the files must be set to 14 x 14 inches or smaller
If any page within the entire PDF file exceeds this size limitation, the entire PDF file will be blocked from upload.
Format
- Use a valid PDF format. It is NOT sufficient that the file simply be named using a PDF extension (.pdf), because that does not by itself create a valid PDF file.
- Use one of the formats below for images within the PDF file.
GIF, BMP, TIFF, JPG or PNG - Use one of the fonts below.
Courier (Regular, Bold, Italic, or Bold Italic), Times (Roman, Bold, Italic, or Bold Italic), Helvetica (Regular, Bold, Italic, or Bold Italic), Symbol, Zapf Dingbats.
NOTE: Fonts not listed above must be embedded within the PDF document. - Fonts should be set to "subset."
Filename
- Can use upper or lower case letters or numbers, periods (.), underscores(_), or hyphens (-)
- No spaces
Spaces are permitted in the file path, (the file's location on your computer), but never in the name of the file itself. - Must end in .pdf
- Can be up to 256 characters long including the .pdf portion. Please use the shortest name possible.
Do not include
- Security settings
For example, self-sign security, user passwords, and/or permissions, or any other security settings that would prevent us from opening, viewing, or printing the file.
All security settings must be deactivated (e.g., encryption, master passwords, and/or permissions). - Embedded scripts and/or executables
For example, interactive actions or form data importation scripts - Worms, viruses or other malicious content
Files with malicious content will be deleted. - Active hypertext links, or any internal/external links
While you may textually reference a URL as a disabled link, it cannot be presented as an actual hyperlink. - Embedded Objects
- Multimedia
For example, sound, video, animations, slide shows - 3-dimensional models
- Multi-page objects
For example, Excel spreadsheets
While the overall PDF file would upload, the other internal object will be "stripped" out of the file, and will not be viewable.
Other requirements
- All files must contain only a single layer.
Documents with multiple layers must be flattened prior to submission, to convert all overlapping areas in a stack of transparent objects into a collection of opaque objects.
Any invisible layers will be lost when processed by the USPTO. - Use Adobe version 1.3 or newer.
NOTE: If you have Adobe Acrobat Professional 6.0, for instructions on resizing PDF pages or reducing the DPI, click here; otherwise, please forward the PDF file to TEAS@uspto.gov, for resizing/reduction within ONE (1) business day. Sending a file to the TEAS mailbox is NOT considered an actual "filing" for any deadline purposes.
Trademark Electronic Application System (TEAS) - Identity verification
I’ve already verified my identity for patent filing purposes. Now what?If you’ve previously verified your identity in order to access the patent filing systems, Patent Center, then you do not need to verify your identity again to access TEAS or TEASi. Some verified patent customers may need to take a quick additional step and select a filing role to gain access to TEAS and TEASi, but most will automatically gain access. Patent customers who are currently sponsored as Proofed Practitioner Support will need to be separately sponsored as Attorney Support Staff in the trademark system by a verified attorney using the Trademark sponsorship tool before they can access TEAS and TEASi.
How does my USPTO.gov account work with ID verification?A USPTO.gov account is required to access TEAS and TEASi. When you create a USPTO.gov account, you provide your name and primary email address. After verification, the name field is locked and your account is authorized. This helps the USPTO ensure that a person using the trademark system to enter information or make changes is authorized to do so.
Can I have duplicate accounts, such as one for myself and one for work?For security purposes, each individual person may only have one verified account used to access trademark filing systems. You may create additional USPTO.gov accounts for other functions that don’t require identity verification, such as making payments.
Can I share my account with others?No. Account sharing is not permitted under the Terms of Use for USPTO websites. However, if you’re an attorney and need legal support staff to work on your behalf, you may sponsor them using the Trademark sponsorship tool.
Can I use a company account?No. Each USPTO.gov account must correspond to a single person. Company accounts are not currently allowed, and will continue to be disallowed for identity verification purposes. You won’t be able to verify an account that has a company, firm, or other entity name in the account holder name fields.
Am I required to use my verified name when filing trademark documents?No. The name on your account does not need to exactly match the name that you use when filing, as long as both names are truthful and meet our other signature requirements. We understand that many people experience issues updating their records after a name change. We also understand that many people use nicknames, middle names, or other names professionally. However, if the name on a filing doesn’t seem to identify the same person named in the account, we may inquire about it.
What if I need to change my verified name?If you already verified your account under a previous name and now need to change it, you must request a name change using the paper verification form option. We currently don’t have an electronic option for verified name changes, but we’re evaluating that possibility for the future. Any name change will need to be supported by official documentation.
Will the name and postal address in my verified USPTO.gov account appear in my TEAS or TEASi filings?
No. The name and postal address in your account is used only for validation purposes. It will not automatically appear on any form or on any filing that is available to the public. The information that appears publicly is the information that you submit in the TEAS or TEASi form.
Trademark Help - Trademark Electronic Application System (TEAS) - Payment, Fees, and Refunds
What is the filing fee and the USPTO refund policy?The filing fee depends on the application filing option you select. The TEAS Plus filing option is $250 per class of goods or services, but has the strictest requirements. Detailed information on the TEAS Plus requirements can be found at TMEP §819.01. The TEAS Standard filing option is $350 per class of goods or services for applications electronically filed that do not meet the additional TEAS Plus requirements.
NOTE: If you submit a TEAS Plus application but do not satisfy those application filing requirements, you will be required to submit an additional processing fee of $100 per class of goods or services, and the application will then be handled as a TEAS Standard application.
While an application may only have one mark, it may cover multiple classes and a filing fee must be paid for each class. For example, a TEAS Plus application for a mark applied to both computer software in Class 9 and t-shirts in Class 25 would have two classes, making the filing fee $500.00 ($250 for each class).
WARNING: The filing fee is a processing fee for the application. This fee is not returned even if ultimately the USPTO does not issue a registration. You should take all necessary steps to ensure the mark is registrable before filing the application.
Although only one mark is permissible per application, a mark may consist of several elements that are joined to form a composite whole; e.g., words plus a design. You do not need to have already used your mark before filing an application. However, if the mark has not already been used in interstate commerce at the time of filing, and the application is instead based on an "intent-to-use" the mark in interstate commerce in the future, an additional fee of $100.00 per class will be required when the "Allegation of Use" form is submitted (whereas a "use-based" application does not require this additional fee).
Please see the Reduced Fee FAQs page for more information about application filing fees and the Trademark Fee Information page for information on payment options and a listing of other trademark fees.
Trademark Help - Trademark Electronic Application System (TEAS) - Miscellaneous Issues - Technical Information - Trademark Electronic Application System (TEAS) - Other
How do I ensure receipt of email coming from the USPTO?You will want to make sure that all USPTO emails reach you. Unfortunately, servers or SPAM filters often block important messages or send them to your junk folder because they don't recognize the sender. Please note that the USPTO cannot deliver an email successfully if:
1) The destination email address is not valid. Please check that the entered e-mail address does not contain any typographical errors.
2) The destination email address is relaying the email to a different address.
3) The USPTO cannot perform a "reverse DNS look-up" of the destination email address.
4) The destination e-mail server is blocking any email address that ends with "uspto.gov" as spam. NOTE: Email originating from "uspto.gov" may include attachments, so email from the USPTO address with attachments should not be blocked.To help ensure that you receive mail from the USPTO, please log in to your email now and follow the listed steps to add important USPTO email addresses to your address book, contacts, and/ or "Safe Senders" list.
Remember that you may receive email messages from several Trademark addresses. Please add all of the addresses listed below. You may also receive email from an individual person's USPTO email address, e.g., johnsmith@uspto.gov.
Can I avoid formatting problems?Simply cutting and pasting a Word or Word Perfect document into a TEAS form may cause the introduction of unwanted characters in the form and/or prevent successful validation of the form. This is especially true for heavily formatted documents. To avoid this problem, you should convert the Word or Word Perfect document to a text format. Do this using the "save as" and "save as type" features of Word or Word Perfect. There is not a problem with text that is typed directly into the form or text that was previously saved as an HTML document. If the form you are trying to use allows you to attach images as evidence, you could create JPG image(s) of heavily formatted documents and attach them to the form. A text document does not allow for complex formatting.
If I am a paralegal or a legal staff member, does my account need to be sponsored by a practicing attorney to use TEAS and TEASi?
Paralegals and legal staff don't need a sponsored account to access TEAS or TEASi at this time. We are planning future updates to the TEAS and TEASi filing system, including allowing customers to restrict or delegate access to an application or registration.
Trademark Help - Trademark Electronic Application System (TEAS) - Signature Issues - Technical Information - Trademark Electronic Application System (TEAS) - Other
How do I sign a TEAS form?The USPTO has tried to make signing an electronic form submitted through TEAS as easy as possible. The electronic forms have three signature options.
1. SIGN DIRECTLY: The individual completing the application may, if he or she so chooses, sign directly at the end of the application form. The application will not be "signed" in the sense of a traditional paper document. To verify the contents of the application, the signatory will enter any alpha/numeric character(s) or combination thereof of his or her choosing in the signature block on the application form, preceded and followed by the forward slash (/) symbol. The USPTO does not determine or pre-approve what the entry should be, but simply presumes that this specific entry has been adopted to serve the function of the signature. Most signatories simply enter their names between the two forward slashes, although acceptable "signatures" could include /john doe/; /jd/; or /123-4567/.
Note: 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) a U.S.-licensed 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." Someone else on behalf of the proper signatory should not key this in.
2. E-MAIL TEXT FORM TO SECOND PARTY FOR SIGNATURE: Through this method, the "text form" may be e-mailed to the proper signatory as a "hyperlink" (no "downloading" of a portable form is required). The signatory will enter the signature between two forward slashes (e.g., /john smith/). The signed form is then returned to the original preparer, who can then complete the submission process to the USPTO.
To use this approach select the "E-mail Text Form to second party for signature" method in the Signature Information section. Enter the signatory's name, position, and phone number and click "Validate." At the Validation page, click the link for "Text Form for E-Signature." Next, click the link for "Send this Text Form to the authorized signatory(ies) to request e-signature(s)." The requestor should enter his/her name and e-mail address and click "Send Email."
TEAS will send the e-signature request directly back to the requestor, and then the requestor must forward the resulting e-mail to the intended signatory. With this approach, the requestor will receive any possible "undeliverable" notice, and as such, immediately be aware when a problem exists with the signatory's e-mail that requires possible correction and re-sending. All "reply" communications will be directly between the signatory and the requestor.
To sign the form, the intended signatory must click the link in the e-mail and enter the signature between two forward slashes. After completing all the mandatory fields, the requestor must click the "Sign" button to return the signed form to the originator of the request. The requestor will receive an e-mail with a "Submit" link, to allow access to the Validation page wherein the final steps of the process are completed.
Note: The form must be signed and the filing to the USPTO completed within 14 days. The clock starts running as soon as the requestor clicks "Send this Text Form to the authorized signatory(ies) to request e-signature(s)" and it is not based on when the requestor then forwards the e-mail to the intended signatory. Please also note that the period is calculated to the minute, and is not based on the "end of the day" for the 14th day (e.g., a request originated at 2:00 p.m. must be filed no later than 2:00 p.m. 14 days later. If the final submit button is clicked at 2:01 p.m., an error message will be displayed indicating that the time period for filing has expired and the entire process must then be started from the beginning). You can, however, download and save the portable form (available from the Validation Page) indefinitely.
3. HANDWRITTEN ("PEN-AND-INK") SIGNATURE: Through this method, the "text form" may be printed out and then mailed or faxed to the signatory, who will sign the form in the traditional "pen-and-ink" manner. Once the signed form has been mailed or faxed back to the preparer, this signed declaration must be scanned and re-attached as a JPG image file (the only image formats acceptable) to the original electronic application; the complete application can then be validated and filed electronically.
Note: Under this option, the original application must be saved using the Download Portable form button on the Validation Page.
Trademark Help - Trademark Electronic Application System (TEAS) - Non-Traditional Marks - Technical Information - Trademark Electronic Application System (TEAS) - Other
Does TEAS have specific standards for sound and motion files?Yes. The file must be in an electronic file in .wav, .wmv, .wma, .mp3, .mpg, or .avi format and should not exceed 5 MB in size for audio files and 30 MB for video files because TEAS cannot accommodate larger files. The applicant should submit an audio reproduction of any sound mark or video reproduction of any motion mark. The purpose of this reproduction is to supplement and clarify the description of the mark. The reproduction should contain only the mark itself; it is not meant to be a specimen.
Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Basics
Does TEAS have specific PDF requirements?Failure to satisfy the specific USPTO requirements for any PDF attachment may result in the TEAS form not validating. For the USPTO to accept any PDF attachments, the PDF file must satisfy the following:
- be a valid PDF format. It is not sufficient that the file simply be named using a PDF extension (.pdf), because that does not by itself create a valid PDF file.
- be version 1.3 or newer.
- have an overall size under 30 MB. While no page limit exists, each PDF file cannot exceed 30 MB.
- Not contain security settings (e.g., self-sign security, user passwords, and/or permissions) that would prevent the USPTO from opening, viewing, or printing the file. All security settings must be deactivated (e.g., encryption, master passwords, and/or permissions) prior to upload to TEAS.
- Not contain any embedded scripts and/or executables, including sound or movie (multimedia) objects, prior to upload to TEAS.
- Not contain any multimedia (e.g., sound, video, animations, slide shows); 3-dimensional models; or multi-page objects (e.g., Excel spreadsheets), prior to upload to TEAS. While the overall PDF file would upload, the other internal object will be "stripped" out of the file, and will not be viewable.
- be named properly. The file name can consist of any upper or lower case letters or numbers, but must end in .pdf. It can also include the following: _ , -, and . [excluding the commas shown here]. No spaces are allowed in the actual PDF file name, but spaces are permitted in the file path. The name can be up to 256 characters long, including the .pdf portion; however, you are encouraged to use the shortest name possible. [NOTE: Similarly, for JPG files, while the name can be up to 256 characters, including the .jpg portion, you should use the shortest name possible, as that helps ensure a successful upload to TEAS].
- use one of the following formats for any images within the PDF file: GIF, BMP, TIFF, JPG and/or PNG. No other image formats are supported. However, the image may include black-and-white, color, and/or grayscale.
- use one of the following fonts, to ensure proper upload to TEAS:
- Courier (Regular, Bold, Italic, or Bold Italic)
- Times (Roman, Bold, Italic, or Bold Italic)
- Helvetica (Regular, Bold, Italic, or Bold Italic)
- Symbol
- Zapf Dingbats
NOTE: Fonts not listed above must be embedded within the PDF document, and the fonts listed above should be embedded. In addition, all fonts should be set to "subset."- be free of worms, viruses or other malicious content. Files with malicious content will be deleted.
- be "single layer." Documents with multiple layers must be flattened prior to submission, to convert all overlapping areas in a stack of transparent objects into a collection of opaque objects. Any invisible layers will be lost when processed by the USPTO.
- NOT contain any active hypertext links, or any internal/external links. While you may textually reference a URL as a disabled link, it cannot be presented as an actual hyperlink.
- be saved at 300 DPI.
- be no larger than 14 x 14 inches. If any page within the entire PDF file exceeds this size limitation, the entire PDF file will be blocked from upload.
Does TEAS require me to allow pop-up windows?
NOTE: If you need assistance resizing PDF pages or reducing the DPI, please forward the PDF file to TEAS@uspto.gov, for resizing/reduction within one (1) business day.The USPTO forms use pop-up windows to display critical information. To use this site properly, you must disable any existing pop-up filters (through either anti-virus software or a pop-up killer program).
How should I open any TEAS form?To use a TEAS form, each and every time you should (1) double-click on the browser icon on your desktop; (2) proceed to the TEAS site; and (3) click on the link for the desired form. Although you can open more than one form at a time through these steps, you should process ONE form at a time, and close the browser after completing the form. This will ensure a "unique" server session for each TEAS form to be processed. If you already have a TEAS form open on your desktop, never open another form via your browser's "File New Window" option. Also, do not open a new form through a link or bookmark while you have another form open. Failure to follow the steps outlined above may result in improper data displaying within the form.
Also, the TEAS forms work best when they are accessed directly via a web browser. Do not attempt to access the forms via a browser embedded in another program. For instance, do not attempt to access the forms from within your Outlook or Lotus Notes web browser feature. Accessing the forms in this manner may disable some of the forms' features. You should always open your browser (Internet Explorer, Netscape, Firefox, Safari, etc.) directly and then use the TEAS forms.
What is TEAS?The Trademark Electronic Application System (TEAS) allows you to fill out online USPTO forms. You can submit the forms directly to the USPTO over the Internet and pay by credit cards, electronic funds transfer, or through an existing USPTO deposit account.
How do I avoid making a fraudulent filing?A registration is subject to cancellation for fraudulent statements. Therefore, you must ensure that all statements made in filings to the USPTO are accurate, as any inaccuracies may result in the cancellation of a trademark registration. For example, the lack of a bona fide intention to use the mark with all goods and/or services listed in an application or the lack of actual use on all goods and/or services for which you claimed use in an application or post-registration filing could jeopardize the validity of the registration, resulting in its cancellation.
Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Non-Traditional Marks
Can I file a new application for a sound mark through TEAS?Yes. A new application for a sound mark can be submitted directly through TEAS. The mark file must be a WAV, WMV, WMA, or MP3 and should not exceed 5 MB in size for the audio files. Please use the below instructions to attach a sound mark file and to enter a description of the sound in the file.
- At the "Mark Information" page in the new application form, use the radio button to select "Sound Mark."
- Click on the "Browse" button to upload your file.
- Navigate to the folder with the sound mark file.
- Select the sound file and click on the "Upload File" button.
- Verify the upload of the file by click on the "Sound/motion Mark" link.
- Enter a description of the sound in the text box.
Yes, all TEAS forms currently accept this type of file attachment. The file must be in .wav, .wmv, .wma, .mp3, .mpg, or .avi format and should not exceed 5 MB in size for audio files and 30 MB for video files because TEAS cannot accommodate larger files. If you have questions, please email TEAS@uspto.gov (link sends e-mail) .
Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Templates
Can I create a form template for multiple filings?Because of significant modifications to the underlying structure of the basic application, the USPTO no longer offers a blank version of the basic application form to create standard templates containing repetitive information. However, a "workaround" option still exists for creating a "template" for doing multiple filings: simply create a "dummy" form by (1) pulling up the regular TEAS form; (2) entering either an "x" for any mandatory field, or "fake" numbers where a numerical entry is required, or attaching a "dummy" image file; (3) validating this version of the form; (4) using the button on the bottom of the validation page to save the form to your local drive; (5) pulling up the saved form, and (6) entering "real" data for any field wherein an "x" was initially used as a "data placeholder." WARNING: If you create a template, and the USPTO then later upgrades the form, the saved template may not be usable for future filings, and a new template based on the upgraded version of the form may have to be created.
Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Miscellaneous Issues
When I try to pay, why am I receiving either an error that a problem exists with the security certification for the USPTO website or being taken back to the beginning of the form?
If during the payment process for your filing you are bounced to the front page of the form or encounter an "SSL Certificate Error," you should try a browser other than IE. Or, if limited to IE, please simply try the next available browser version (for example, IE7.0 and IE8.0 are currently available for download). Or, if necessary, please review the information available at SSL Certificate Troubleshooting. This problem is not one that relates to the USPTO end, and cannot be resolved from the USPTO side.
What should I do if I experience technical difficulties when using a TEAS form?For help in resolving technical glitches with the Trademark Electronic Application System (TEAS), please e-mail TEAS@uspto.gov . Please include the following information: (1) your name, (2) telephone number, (3) serial number and/or registration number, (4) a description of your issue, including the name of the form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.), and (5) a screen shot of any error message that you are receiving. You should receive a response within 2 hours if the e-mail is submitted during normal business hours. For additional information, see the TEAS Help Desk.
Why does the form say that I have attached a black-and-white drawing when my drawing is in color?The TEAS form scans the image file you attach in various regions to determine if it is a color or black-and-white image. If there is too much white space around the design, the form cannot find the color and views the image as black and white. To fix the problem, please crop the excess white space from the image. You can also re-size the image with a graphic view, e.g., Irfanview. All images should be scanned at no less than 300 dots per inch and no more than 350 dots per inch, and within the pixel range suggested by the USPTO, namely, a length and width of no less than 250 pixels and no more than 944 pixels; e.g., a valid pixel dimension is 640 x 480 pixels. If your cropped image is not clear, do not submit the image because it may not meet the filing-date requirement for a clear drawing. Instead, you may wish to seek the assistance of a graphic artist to create the properly sized .jpg file.
Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Payment, Fees, and Refunds
What are my payment options for an electronic filing?Three options (credit card, automated deposit account, and Electronic Funds Transfer will appear after clicking on the PAY/SUBMIT button, which is available on the bottom of the Validation Page after completing and validating the application form. You will not specify a payment option in the Form Wizard or within the form itself.
Technical Information - Trademark Electronic Application System (TEAS) - Trademark Help - Trademark Electronic Application System (TEAS) - Non-Traditional Marks - Other
How can I file a motion mark through TEAS?If the mark includes motion (i.e., a repetitive motion of short duration) as a feature, the applicant may submit a drawing that depicts a single point in the movement, or the applicant may submit a square drawing that contains up to five freeze frames showing various points in the movement, whichever best depicts the commercial impression of the mark. The applicant must also submit a detailed written description of the mark. 37 C.F.R. §2.52(b)(3). Motion/multi-media marks themselves may not be submitted as a mark showing the actual motion. While this is acceptable as a "specimen," it is not permitted as a mark.
Trademark Help - Trademark Official Gazette - Other
Where do I get additional help viewing the TMOG?If you need additional assistance with viewing the TMOG, please e-mail tmeog@uspto.gov. Please include your telephone number, serial number, and a description of your issue. You should receive a response within 24 hours if the e-mail is submitted during normal business hours. For general information, contact the Trademark Assistance Center at 1-800-786-9199 (press 1).
How can I oppose a mark listed in the TMOG?Once the USPTO publishes a trademark in the TMOG, any party who believes he or she will be damaged by the registration of the trademark has 30 days either to: (1) file an opposition to the trademark with the Trademark Trial and Appeal Board (TTAB); or (2) request an extension of time to file a notice of opposition.
You must pay a fee of $400 for each class of goods or services that you oppose when filing a notice of opposition electronically through the TTAB electronic system ESTTA and $500 if filing on paper. An opposition submitted without the required fee will not be accepted. There is no fee for requesting an extension of time to file a notice of opposition.
The TTAB requests that all TTAB submissions be made online using ESTTA at http://estta.uspto.gov/.
If you need more information on filing a notice of opposition, contact the TTAB Customer Service at 571-272-8500 or toll-free at 1-800-786-9199 (press 1), or refer to the online information at http://www.uspto.gov/trademarks/process/appeal/index.jsp.
How do I correct a clerical error in the TMOG?All requests to correct or amend the application after publication but before issuance of a Notice of Allowance or registration must be filed by submitting a post-publication amendment. A paralegal specialist in the Office of the Deputy Commissioner for Trademark Examination Policy will consider the proposed amendment. If the amendment is approved, it will be entered. If the amendment may not be approved, the applicant will be advised in writing that the applicant must petition the Director to restore jurisdiction to the examining attorney to consider the amendment. If the petition is granted, the amendment will be forwarded to the examining attorney. For further information, email TMPolicy@uspto.gov.
The USPTO e-mail link to the TMOG doesn't work. How can I view my trademark in the TMOG?If the e-mail link in the "Trademark Official Gazette Publication Confirmation" does not work correctly you can search the TMOG by issue date and serial number to locate your mark. The serial number and issue date are both in the TRADEMARK OFFICIAL GAZETTE PUBLICATION CONFIRMATION e-mail notice.
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