• 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.
  • WHAT ARE THE MAINTENANCE DOCUMENTS THAT MUST BE FILED TO KEEP A REGISTRATION ALIVE?

    View the "Post-Registration Issue" video for an overview of the most important issues you should be aware of after your application has matured into a registration. The video explains the required maintenance documents that you must file to keep your registration alive, as well as discusses an optional filing to enhance the legal strength of your registration. Failure to file the required maintenance documents discussed in this video can result in the cancellation of your registration.

  • WHAT IS A §8 DECLARATION OF CONTINUED USE?

    §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.

  • WILL MY REGISTRATION BE CANCELED 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.

  • 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.

    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.

  • WHAT IS THE FILING FEE FOR FILING A §8 DECLARATION?

    The current fee for filing a §8 Declaration is $100 per class of goods/services. There is an additional grace period surcharge of $100 per class of goods/services for filing during the 6-month grace period.

  • WHAT MUST I INCLUDE IN A §8 DECLARATION?

    §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 for goods, and advertisements for services; and
    • A signed and dated affidavit or declaration under 37 C.F.R. §2.20.
  • WHO MAY SIGN A §8 DECLARATION?

    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 has actual written or verbal power of attorney or an implied power of attorney from the owner.
  • 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. 

    >> File §8 

  • HOW WILL I KNOW IF MY §8 DECLARATION HAS BEEN ACCEPTED?

    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.

  • WHAT IS A DECLARATION OF EXCUSABLE NONUSE?

    §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.

  • 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 off 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 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.
  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • IS THERE A FORM FOR FILING A COMBINED §8 DECLARATION AND §9 RENEWAL APPLICATION?

    Yes.  USPTO electronic forms for filing a combined §8 declaration and §9 renewal application are available online at the USPTO website.

    >> File combined §8 & §9 

  • IS THERE A FEE FOR FILING AN APPLICATION FOR RENEWAL?

    Yes.  The current fee for filing a §9 Renewal is $300 per class of goods/services if electronically filed through the Trademark Electronic Application System (TEAS) and $400 per class if filed on paper. The filing fee for a Combined Section 8 Declaration and Section 9 Renewal Application is $400 per class if filed through TEAS and $500 if filed on paper. There is an additional surcharge of $100 per class for filing a Section 9 Renewal Application within the 6-month grace period, or $200 per class for filing a Combined Section 8 Declaration and Section 9 Renewal Application during the grace period.

  • WHAT MUST I INCLUDE IN A §9 RENEWAL APPLICATION?

    §9 Renewal Application must include:

    1. A request to renew the registration signed by the registrant or the registrant's representative;
    2. The registration number, mark and date of registration.
    3. A name and address for correspondence; and
    4. The filing fee.
  • HOW WILL I KNOW IF MY §9 RENEWAL HAS BEEN ACCEPTED?

    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.

  • WHAT IS A §15 DECLARATION?

    §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.

  • 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).

  • AM I REQUIRED TO FILE A §15 DECLARATION?

    No.  The filing of §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.

  • 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.

  • IS THERE A FEE FOR FILING A §15 DECLARATION?

    Yes.  The current fee for filing a §15 Declaration is $200 per class of goods/services, and the filing fee for a Sections 8 & 15 Combined Declaration is $300 per class.

  • WHAT MUST I INCLUDE IN A §15 DECLARATION?

    §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

      (c) there is no proceeding involving the claimed rights pending in the USPTO or in a court of law and not finally disposed of; and 

       
    • A signed and dated affidavit or declaration under 37 C.F.R. §2.20.
  • 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:

    1. A person with legal authority to bind the owner;
    2. A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
    3. An attorney as defined in 37 C.F.R. §11.1 who has actual written or verbal power of attorney or an implied power of attorney from the owner.

     

  • IS THERE A FORM FOR FILING A §15 DECLARATION?

    Yes.  USPTO electronic forms for filing a §15 Declaration and a combined §§ 8 &15 Declaration are available online at the USPTO website. Currently, there is not an electronic form for filing a combined §15 and §71 Declaration. These forms may be filed separately in accordance with the specific requirements of each.

    >> File §15 or combined §8 & §15 

  • TO WHAT EXTENT DOES THE OFFICE 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. §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.

  • 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.

  • IS THERE A FORM FOR FILING A §71 DECLARATION?

    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.

    >> File §71

  • WHEN MUST I FILE A §71 DECLARATION?

    The owner of the registration must file a §71 Declaration during the following time periods:

    1. 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.
    2. 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.
  • MUST I FILE ANY OTHER MAINTENANCE DOCUMENTS IN ADDITION TO SECTION 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 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.

  • 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.

  • 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 $300 for each class of goods or services that you oppose when filing a notice of opposition. An opposition submitted without the required fee will not be accepted. There is no fee for filing an extension of time to file a notice of opposition.

    The TTAB requests that all TTAB submissions be made online using the TTAB electronic system ESTTA at http://estta.uspto.gov/.

    If you need more information on filing a notice of opposition, contact the TTAB Assistance Center at 571-272-8500 or toll-free at 1-800-786-9199, 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?

    To correct a minor clerical error in the publication of a mark in the TMOG, the applicant or the applicant’s attorney must file a written request. This request should include the applicant’s or the attorney’s telephone number and e-mail address, and should be e-mailed to TMPostPubQuery@uspto.gov. The request should be filed within one week after the date of publication in the TMOG.

    Only purely clerical errors (e.g., a typographical error or omission, drawing printed upside-down, or incorrectly stated data) may be corrected by a written request sent to the e-mail address, above.  The paralegal specialists in the Office of the Deputy Commissioner for Trademark Examination Policy will review the applicant's request to verify the existence of the clerical error and determine whether the error may be corrected without jurisdiction being restored to the examining attorney or the need for republication.

    All other 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 using the form available at http://teasroa.uspto.gov/ppa/.  Alternatively, the request may be faxed to Attn: Photocomp at 571-270-9007. 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. The petition fee is $100.00. If the petition is granted, the amendment will be forwarded to the examining attorney. For further information, contact the Petitions Office at 571-272-8950.

  • 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.

  • How do I correct a clerical error in the TMOG?

    To correct a minor clerical error in the publication of a mark in the TMOG, the applicant or the applicant’s attorney must file a written request. This request should include the applicant’s or the attorney’s telephone number and e-mail address, and should be e-mailed to TMPostPubQuery@uspto.gov. The request should be filed within one week after the date of publication in the TMOG.

    Only purely clerical errors (e.g., a typographical error or omission, drawing printed upside-down, or incorrectly stated data) may be corrected by a written request sent to the e-mail address, above.  The paralegal specialists in the Office of the Deputy Commissioner for Trademark Examination Policy will review the applicant's request to verify the existence of the clerical error and determine whether the error may be corrected without jurisdiction being restored to the examining attorney or the need for republication.

    All other 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 using the form available at http://teasroa.uspto.gov/ppa/.  Alternatively, the request may be faxed to Attn: Photocomp at 571-270-9007. 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. The petition fee is $100.00. If the petition is granted, the amendment will be forwarded to the examining attorney. For further information, contact the Petitions Office at 571-272-8950.  


  • 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 $300 for each class of goods or services that you oppose when filing a notice of opposition. An opposition submitted without the required fee will not be accepted. There is no fee for filing an extension of time to file a notice of opposition.

    The TTAB requests that all TTAB submissions be made online using the TTAB electronic system ESTTA at http://estta.uspto.gov/.

    If you need more information on filing a notice of opposition, contact the TTAB Assistance Center at 571-272-8500 or toll-free at 1-800-786-9199, or refer to the online information at http://www.uspto.gov/trademarks/process/appeal/index.jsp.


  • Since my mark is on the Supplemental Register, will it appear in the TMOG?

    Yes. Marks that are found to be registrable on the Supplemental Register are printed in theTMOG on the date that they register. Marks registered on the Supplemental Register cannot be opposed, but are subject to cancellation under 15 U.S.C. §1064. 15 U.S.C. §1094.

  • If my mark is in color, will it appear in the TMOG in color?

    Yes.  If the submitted drawing of your mark contains color, the TMOG PDF file will show the mark in color.

  • How can I find out in which issue of the TMOG my mark appeared?

    You can locate the date that the mark was published for opposition by entering the serial number in http://tsdr.uspto.gov/ and clicking “Status.”  The information will appear under the “Prosecution History” tab as the date that the mark “Published for Opposition.” 

  • How do I access the TMOG?

    The TMOG is offered in an easily searchable web-based format.  In addition, the USPTO will continue for a certain period to offer a PDF version of the TMOG.  

  • What is the Trademark Official Gazette (TMOG)?

    The Trademark Official Gazette (TMOG) is published every Tuesday, including federal holidays.  The purpose of the TMOG is to give notice of certain actions that are being taken with respect to the marks listed in the TMOG on the particular date of issue.  Publication in the TMOG starts the period for opposition for some of the marks listed in the TMOG.  

    The TMOG contains a depiction of the mark, the identification of goods and/or services, and owner information for: (1) marks published for opposition that are expected to register on the Principal Register; (2) marks registered on the Principal Register under 15 U.S.C. §1051(d) on the date of the particular TMOG issue in which the marks appear; (3) marks registered on the Supplemental Register on the date of the particular TMOG issue in which the marks appear; and (4) updated registration certificates.  The TMOG also contains a list, by International Class, of the registrations issued on the Principal Register on the date of the particular TMOG issue and an index of registrants appearing in that issue. 


  • How do I save the TMOG to my desktop?

    You can download a file and save it to your desktop. To download a file, right-click on the link, select "Save Link As..."

  • Can I print a single page from the TMOG?

    Yes. Choose "File" and then "Print" from the menu options and change the settings to print a single page.

  • The PDF will not open. What should I do?

    We recommend downloading the PDF file directly to your local hard drive to circumvent any configuration issues between the browser and the PDF reader add-on/plug-in. Most browsers do not natively support PDF files and require either an Adobe PDF viewer or a third-party PDF viewer to display a PDF file. After saving to a disk or your desktop, you should be able to view the file by clicking on it. If so, then this suggests the problem is the browser, the plug-in/add-on (different names for the same thing), or a configuration issue between the browser and the plug-in/add-on viewer.

  • What version of Adobe Reader must I use?

    The best version of Adobe Reader to use is a recent version that Adobe supports. ‚ The current PDF files are backward compatible to version 5, but using a currently supported version is strongly advised since Adobe will not supply security patches for older, unsupported versions of reader and that leaves the user vulnerable to attacks against the PDF viewer.

  • I can't find the "binoculars"

    Not all PDF viewers have a binoculars icon and yours may not. The binoculars are simply a way to access the "find"

  • How do I search the TMOG?

    You can search for a trademark in the online version of the TMOG available at http://www.uspto.gov/news/og/tindex.jsp. "You can search the PDF file by any literal element of the mark, the owner's name, the serial number, or the registration number.
    To search for a trademark in the TMOG:

    • Locate the date that the mark was published for opposition by entering the serial number inhttp://tsdr.uspto.gov/ and clicking "Status."
  • 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"

  • 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.

  • 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 do I do a federal trademark search?

    You may conduct a search free of charge on the USPTO Web site using the Trademark Electronic Search System (TESS) . 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 or 1-571-272-9250 to check the status.

  • How much does it cost to apply for a trademark application?

    The filing fees for an application filed electronically through the Trademark Electronic Application System (TEAS) are as follows:

    • $225 per class of goods or services for a TEAS Plus application that meets the requirements of 37 C.F.R.  §2.22;
    • $275 per class of goods or services for a TEAS Reduced Fee (TEAS RF) application that meets the requirements of 37 C.F.R. §2.23; or
    • $325 per class of goods or services for a TEAS Regular application, which does not have the additional requirements of a TEAS Plus or TEAS RF application.

    The fee for applications filed on paper is $375 per class of goods or services.

    If your application is filed based on a bona fide intent to use the mark in commerce, additional documents and fees will be required at a later time.

    We recommend that you file your application through TEAS , and pay the fee using a credit card, existing USPTO deposit account, or electronic funds transfer (EFT). If you file on paper, checks or money orders should be made payable to the Director of the United States Patent and Trademark Office and mailed to Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451.

    PLEASE NOTE: Fees are subject to change and should therefore be verified before submission to the USPTO. You may obtain the current schedule of fees . To receive a hard copy of the fee schedule you may contact the USPTO Contact Center (UCC) at 1-800-786-9199

  • 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:
    Commissioner for Trademarks
    P.O. Box 1451
    Alexandria, Virginia 22313-1451

    These requirements are explained in detail in the booklet Basic Facts about Trademarks .

  • How do I register my trademark?

    You can fill out an application online, check it for completeness, and file it over the Internet using the Trademark Electronic Application System (TEAS) . You can also respond to Office actions and file notices of change of address, allegations of use and requests for extension of time to file a statement of use through TEAS. You can check the status of your application 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 or 1-571-272-9250 to request a paper form. For further information about the applying for a trademark registration, see Basic Facts about Trademarks .

  • Why should I obtain a trademark?

    Here are some specific benefits of having a federally registered trademark:

    • 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 U.S. Customs Service to prevent importation of infringing foreign goods.
      • See U.S. Customs Service
      • See Computer Crime and Intellectual Property Section of the Department of Justice
  • What is a trademark?

    The term "trademark" is often used to refer to any of the four types of marks that can be registered with the USPTO. The two primary types of marks that can be registered with the USPTO are:

    • Trademarks - used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.
    • Service marks - used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise.

    There are other types of marks that can be registered in the USPTO, but they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. They are:

    • Certification marks
    • Collective marks
      • Collective trademarks and collective service marks
      • Collective membership marks

    PLEASE NOTE: Since the benefits conferred by registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks (marks used on goods) as defined above.

    For more information regarding Trademarks, please refer to Basic Facts About Trademarks.

  • 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:

  • May a trademark filing company represent me before the USPTO?

    Only licensed attorneys may represent you before the U.S. Patent and Trademark Office (USPTO). If you hire someone to represent you, he or she must be an attorney licensed to practice law in a U.S. state and be a member in good standing of the highest court of that state. Attorneys from other countries, except certain Canadian attorneys and agents representing Canadian filers, may NOT practice before the USPTO.

  • What are trademark monitoring and document filing services?

    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.

  • 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.

    For more information, please consult the FAQs Personal Information in Trademark Records.

  • 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).

  • 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.

  • My spouse owned a trademark registration and has since died. Do I own it now?

    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 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.

  • 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.

  • 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.

  • 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.

  • 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 see Maintain/Renew a Registration.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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;
    • The specimens.
  • What can I do to help the application proceed as smoothly as possible?

    1. File the application and all other documents electronically through the Trademark Electronic Application System (TEAS).

    2. Carefully review all documents before filing to make sure all issues have been addressed and all the necessary elements are included.

    3. Authorize email correspondence and promptly inform the USPTO of any change in correspondence address, including your email address. This can be done through TEAS, available here.

    4. Check the status of your application every 3-4 months using the Trademark Status and Document Retrieval (TSDR) system. If the USPTO has taken any action, you may need to respond promptly. All USPTO actions are available for viewing using the TSDR system.

  • 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.

  • What is a drawing?

    The "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 Basic Facts About Trademarks.

  • 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).

  • 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."

  • 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.

  • 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 he or she is 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 his or her 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."

  • 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.

  • Where do I send mail or make deliveries?

    Although we recommend you file documents online using TEAS, paper mail may be sent to the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

    Submissions sent using other delivery services such as Federal Express, United Parcel Service, and DHL is not encouraged, but if used, must be delivered to: Trademark Assistance Center, Madison East, Concourse Level Room C 55, 600 Dulany Street Alexandria, VA 22314.

  • What is the Trademark Electronic Application System (TEAS)?

    The Trademark Electronic Application System allows you to fill out and file an application form online, paying by credit card, 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.

  • Where can I find trademark forms?

    You can find USPTO forms through the Trademark Electronic Application System (TEAS). Two forms are available for the initial application: regular TEAS and TEAS Plus. Both forms allow you to pay by credit card, electronic funds transfer, or through an existing United States Patent and Trademark Office (USPTO) deposit account.

    If you do not have Internet access, you can access TEAS at any Patent and Trademark Resource Center (PTRC) throughout the United States. Many public libraries also provide Internet access.

    We recommend using TEAS, but you may file a paper application. To obtain a printed form, call the Trademark Assistance Center at 1-800-786-9199.

  • Will the Office 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.

  • 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.

  • 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.

  • 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 have an attorney?

    Although not required, most applicants use private trademark attorneys for legal advice regarding use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration. A private trademark attorney (not associated with the USPTO) may help you avoid many potential pitfalls.

  • 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.

  • 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.
  • 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.

  • Where can I get basic trademark information?

    For information about applying for a trademark, click Basic Facts About Trademarks, and view the trademark videos 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.

  • 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.

  • 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.

  • 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.

  • 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 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 trademark?

    Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.

    Trademarks are gistered 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 filled with DHS' Bureau of Customs and Border Protection (BCBP) 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 determin what forms of intellectual property protection are best suited to your needs.

  • 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 Word or Word Perfected documents. To avoid this problem, you should convert the Word or Word Perfect document to a text format. This can be done by 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 images of heavily formatted documents and attach them to the form via this method. A text document in and of itself does not allow for complex formatting.

  • How do I ensure receipt of any e-mails coming from the USPTO?

    If you applied for a trademark and authorized e-mail communications from the USPTO, then you will want to make sure that all USPTO e-mails reach you. Unfortunately, servers or SPAM filters often block important messages or send them to your junk mail folder because they don't recognize the sender. Please note that the USPTO cannot deliver an e-mail successfully if:

    1) the destination e-mail address is not valid. Please check that the entered e-mail address does not contain any typographical errors.
    2) the destination e-mail address is relaying the e-mail to a different address.
    3) the USPTO cannot perform a "reverse DNS look-up" of the destination e-mail address.
    4) the destination e-mail server is blocking any e-mail address that ends with "uspto.gov" as spam. NOTE: E-mail originating from "uspto.gov" may include attachments, so e-mail 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 e-mail now and follow the listed steps to add important USPTO e-mail addresses to your address book, contacts, and/ or "Safe Senders" list.

    Remember that you may receive e-mail messages from several Trademark addresses. Please add all of the addresses listed below. You may also receive e-mail from an individual person's USPTO e-mail address, e.g., johnsmith@uspto.gov.

    TEAS@USPTO.GOV

    TMPOSTPUBQUERY@USPTO.GOV

    TMII2455@NX.USPTO.GOV

    TrademarkOfficialNotices@uspto.gov

    eCom101@uspto.gov through eCom117@uspto.gov

  • 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.

  • Does TEAS work with a Blackberry?

    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. http://teasplus.uspto.gov/submit250/sign.service?id=USPTO/FTK-10.113.15.... ). 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.

  • How is a TEAS form signed?

    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) an attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the forward slash symbol (/) that the signatory has adopted as his or her "signature." 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 signator(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.

  • 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.

  • How do 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.

  • Does TEAS have specific standards for sound/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.

  • Can I file sound or multimedia specimens and evidence through TEAS?

    On all the forms listed below, you can submit the sound or multimedia specimen and evidence directly through TEAS. 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.

    Other forms, will be enhanced at a later time to permit direct submissions through TEAS. Until such enhancement, the specimen and evidence submission for other forms must be done through the below "workaround" approach.

    • Create a place holder specimen or evidence with a statement explaining that a sound or multi-media file is being sent directly to the TEAS Support Team for processing. Save the placeholder specimen or evidence in JPG or PDF format to your desktop. This step is necessary because the TEAS forms require a JPG/PDF attachment in the specimen field to permit validation.
    • Go to TEAS and prepare the form for filing.
    • Attach the JPG or PDF place holder specimen in the Specimen section of the form or attach the JPG or PDF place holder evidence in the evidence section of the form.
    • Submit the TEAS filing.
    • Send an e-mail with the sound/multimedia attachment (in WAV, WMV, WMA, MP3, MPG, or AVI file format) directly to the TEAS Support Team, at TEAS@uspto.gov (link sends e-mail). Please reference in the e-mail the serial number or registration number and provide a clear indication of the type of filing. Please be advised that e-mail attachments cannot exceed 9 MB. If your attachment exceeds 9 MB, please e-mail TEAS@uspto.gov (link sends e-mail) for additional mailing instructions.
       

    Initial Application Forms
    Response Forms
    Response to Office Action Form
    Request for Reconsideration after Final Office Action Form
    Response to Suspension Inquiry or Letter of Suspension
    Response to Intent-to-Use (ITU) Office action
    Response to Post-Registration Office action

    Intent-to-Use (ITU) Forms
    Statement of Use/Amendment to Allege Use for Intent-to-Use Application

    Petition Forms
    Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
    Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
    Response to Petition to Revive Deficiency Letter
    2.146 Petition to the Director
    Response to Petition to Director Inquiry Letter

    Registration Maintenance/Renewal Forms
    Combined declaration of use & incontestability under Sections 8 & 15
    Declaration of Use and/or Excusable Nonuse of a Mark under Section 8
    Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9
    Declaration of Use and Excusable Nonuse under Section 71

    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.

  • 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 in .wav, .wmv, .wma, .mp3, .mpg, or .avi format 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.

    1. At the "Mark Information" page in the new application form, use the radio button to select "Sound Mark."
    2. Click on the "Browse" button to upload your file.
    3. Navigate to the folder with the sound mark file.
    4. Select the sound file and click on the "Upload File" button.
    5. Verify the upload of the file by click on the "Sound/motion Mark" link.
    6. Enter a description of the sound in the text box.
  • 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 5MB. While no page limit exists, each PDF file cannot exceed 5 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.


    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.

  • What image file types does TEAS accept?

    A mark image file may only be in a JPG format. Otherwise, all other image attachments (e.g., specimens, evidence) may be in either the JPG or PDF format. Each image attachment cannot exceed 5 megabytes.

    Please note the following:

    1) Mark images should not include the trademark, service mark or registration symbols (TM, SM,®). These symbols should only appear on specimens.

    2) Mark images should be submitted with as little white space around the design as possible. Unless a color image is being submitted for a mark wherein color is claimed as a feature of the mark, the mark image should be pure black-and-white, with no gray areas.

    3) If you cannot validate the form after attaching an image file, please try validating the form without the image attached; if successful, try re-saving the image.

    4) After validation, you should be able to view your image from the Validation Page. If you cannot view your images, they are not properly attached. NOTE: Both the Mark and Specimen images may appear huge when you review the images via the links on the Validation Page, and you may not be able to print them in the proper dimensions from that page (i.e., the mark image must print no larger than 3.15 x 3.15 inches (8 x 8 cms.) and the specimen image must print no larger than 8 1/2 x 11 inches). This does not indicate that there is a problem with your image file. Current browser and monitor technologies display all images at 72 dpi, causing images scanned at a higher dpi level to appear huge after attachment. The USPTO can process your image file, if you were able to save and print your image attachment from your image creating software in the proper dimensions prior to attaching the image to the form. The USPTO recommends that all black-and-white jpg images and color jpg images be scanned at no less than 300 dots per inch and no more than 350 dots per inch, and within a pixel range of 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.  The USPTO also allows a black-and-white image in grayscale, so you can also scan your image using 8 bits per sample pixel which allows for 256 different shades of gray.  The USPTO considers an image saved in grayscale to be a black and white image.

    5) Images created on a Macintosh using Adobe Photoshop or Illustrator must be properly saved with appended file extensions .jpg for use on a Windows system. We cannot open image files that are not properly saved prior to attachment.

    6) Adobe Photoshop/Illustrator users must ensure that images are saved with the RGB color scheme. The USPTO cannot accept the CYMK color scheme. If you can open your image with your browser, then it is saved in the RGB color scheme.

    7) Do not zip your image files or add any additional compression. JPG files are already compressed. NOTE: If you are having difficulty with your file (e.g., sizing), you may separately send the file to TEAS@uspto.gov, and the TEAS Support Team will attempt to "correct" for you. The file would then be returned for use within the appropriate form. Sending a file to the TEAS mailbox is NOT in and of itself considered an actual "filing" for any deadline purposes.

  • 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 is the filing fee and USPTO refund policy?

    The filing fee depends of the application filing option you select.  The TEAS Plus filing option has a filing fee of $225 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 Reduced Fee (TEAS RF) filing option is $275 per class of goods or services and requires the applicant to (1) provide an e-mail address and authorize the USPTO to send e-mail correspondence concerning the application throughout the application process and (2) agree to electronically file, through TEAS, certain application-related submissions that may be filed during the application process. The TEAS Regular filing option is $325 per class, but does not have the additional requirements of TEAS Plus or TEAS RF.  The filing fee for applications filed on paper is $375 per class of goods or services.   

    NOTE: If you file a TEAS Plus or TEAS RF application but do not satisfy the relevant requirements you will be required to submit an additional processing fee of $50 per class of goods or services, and the application will then be handled as a TEAS Regular 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 $450.00 (2 classes x $225).

    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.

  • 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.

  • When are e-mails to the TEAS mailbox answered?

    The USPTO is officially closed on weekends and all Federal Holidays, and any e-mails sent to TEAS@uspto.gov will not be answered until the next business day. For immediate technical support on Saturdays and Sundays through 10 p.m. EST, please call 1-800-786-9199 (select option # 3). Otherwise, we will attempt to respond to any e-mail within two (2) hours, within the timeframe of 8 a.m. to 8 p.m.

    A reminder that the TEAS mailbox is 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 telephone the Trademark Assistance Center, at 1-800-786-9199, or e-mail your question to TrademarkAssistanceCenter@uspto.gov.

  • 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-mailTEAS@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.

  • What controls the filing date for a TEAS submission?

    All forms filed via TEAS are stamped Eastern Time when received on the USPTO server. The time stamp is applied at the moment the payment process is completed and the Success screen is displayed. The time stamp applied by the TEAS server is the official time the USPTO received the application or form; the time the transmission was begun 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).

  • 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.
  • Is there a time limit for working in a form?

    Yes, you have 60 minutes to complete a form. However, the 60-minute period is not an "absolute" period; i.e., you do not have to complete the form, start to finish, within 60 minutes. If the USPTO's server does not detect any activity at all within 60 minutes, it will end your session at the 60-minute point.

    HOWEVER, at 54 minutes into your session, you will receive a pop-up window warning you that your session will expire in six minutes (it will actually provide the precise "end" time within the window, such as 11:29:14 EST). To "renew" your session, you simply need to click on the "O.K." button at the bottom of the pop-up window, and you will automatically get another 60-minute time period. If you do not click on the button within the remaining six minutes of the session, your session will completely end at the 60-minute mark, and you will be returned directly to the initial form wizard to start the process again. You will not be able to retrieve any information lost from the timed-out session.

    Additionally, if you will be working within the ID Manual for an extended period of time, it is critical that you keep your form session "alive." To do so, it is recommended that you select no more than 20 entries at a time, then click the "Insert Check Entries" button. On the next page that displays all of your selections, use the "Add Goods/Services by Searching IDManual" button to return to the Manual to continue the process; repeat this process until all of your items are displayed in the overall listing on the page for assigning a filing basis.

  • Does TEAS require me to allow pop-up windows?

    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.

  • 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.

  • 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. However, while TEAS is almost always available, credit card payments cannot be made from 2 a.m. to 6 a.m. on Sundays (although you can create a form during that period and save it for later use).

    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 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 USUPTO. 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 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 can I help spread the word about the Trademark Expo?

    Please refer interested individuals to www.uspto.gov/TMExpo.

  • If I am selected as an exhibitor, may I have a role in the opening ceremony?

    Exhibitors may be selected to participate in the opening ceremony at the discretion of the Expo Committee. Such participation is generally limited to providing entertainment or professionally-made costumed characters featuring marks. Exhibitor representatives are welcome to attend the opening ceremony but are encouraged to ensure that booths remains staffed during the ceremony.

  • If I am selected to participate in the Trademark Expo, may I include my participation in written materials?

    Yes, but you may not state or imply that your selection constitutes endorsement of your trademarks, products, services, company, and/or organization by the USPTO, the U.S. Government, or any other federal agency.

  • What accommodations will be provided for exhibitors? Will exhibitors have access to audio-visual equipment and electrical outlets?

    Floor space for booths will be provided. Electrical connections will be available. At the exhibitor's request, 10€² x 10€² piped and draped exhibitor booths with carpet and padding, a 2€² x 8€² draped table, and two chairs will also be provided. As a general rule, exhibitors are responsible for equipment and setup costs incurred beyond the cost of the booth, tables, and chairs provided and the general building facilities.

  • If I do not have an exhibit for a booth, may I participate in the Trademark Expo in another way?

    Yes. You may participate by providing costumed characters, inflatable figures (all sizes welcome), multimedia content, materials for themed displays (e.g., non-traditional marks, evolution of marks, marks more than 100 years old, etc.), and educational materials about marks or intellectual property generally. Other forms of participation are welcome as well.

  • What types of exhibit themes are appropriate for the Trademark Expo?

    We seek exhibit themes that help educate the public about trademarks and other marks. Examples of themes a registered mark owner might wish to feature in an exhibit include, but certainly are not limited to, exhibits featuring:

    • Multiple different types of marks (e.g., trade dress, design mark, word mark, and/or slogan) all originating from one source. Purpose: to showcase the breadth of marks used by one source and to educate consumers on the variety of types of marks used in the marketplace.
    • Non-traditional marks (e.g., color, sound, scent). Purpose: to engage the public's interest by showcasing an interesting, unusual mark and to educate the public on the variety of types of trademarks used in the marketplace.
    • Certification marks. Purpose: to educate the public on the use of certification marks to certify a particular feature of goods/services (e.g., that goods/services come from a particular geographic location).
    • Interesting stories about a mark's creation and/or brand development. Purpose: to engage the public's interest in branding and to educate the public about considerations factored into mark selection and brand development.
    • The evolution of a mark over time. Purpose: to showcase the historical transformation of a mark and highlight how a mark owner may modernize a mark while continuing brand recognition over time.
    • Very old marks (e.g., marks more than 100 years old). Purpose: to highlight the longevity of certain marks and educate the public about maintaining valuable consumer brand recognition over time.
    • Authentic and counterfeit goods side by side. Purpose: to educate the public about the importance of protecting brand names and other marks as symbols of quality in our global market.
    • Marks commonly misused as generic terms. Purpose: to educate the public about how trademarks differ from the common commercial or generic names of goods and services and highlight the steps mark owners take to protect their marks.
  • When will I know if my proposal for an exhibit is accepted?

    Those who are selected to exhibit in the Expo should be notified by June 15, 2014.

  • How are applicants evaluated?

    Applications to exhibit are evaluated on the following criteria:

    • Brand recognition among consumers;
    • Ability to engage the public's interest in trademarks;
    • Category diversity, in particular whether an applicant's participation helps ensure that the Expo will feature a variety of different types of marks from different sources; and
    • Educational value of the proposed exhibit to enhance public understanding of the value of trademarks and other marks.
  • Who may exhibit? By when should those interested in exhibiting apply?

    Any owner of a registered United States trademark, service mark, certification mark, or collective mark may apply to exhibit. We encourage owners of widely-recognized marks to apply. We also encourage exhibits that showcase the value of federal registration, exhibits that engage the public's interest, and exhibits that help ensure that the Expo features a wide variety of different types of marks.

  • What types of displays and activities are featured at the Trademark Expo?

    The Expo includes exhibitor booths, educational seminars, costumed characters, inflatables, children's activities, themed indoor and outdoor displays, and much more. Past exhibits and displays have featured exhibits about counterfeiting activities, non-traditional marks (sound, color, configurations, etc.), certification marks, marks commonly misused as generic terms, the breadth of different types of marks used by one source, the evolution of a mark over time, people behind the names of marks, 100 year old marks, the value of federal registration, and interesting stories about how certain marks were created.

  • Is parking available?

    Yes, but be aware that on-street parking is limited and posted "no parking" times are enforced.

  • Who may attend the Trademark Expo? Do I have to pay?

    The event is open to the public. Admission is free and no tickets are required for entrance.

  • Where is the Trademark Expo?

    The Expo is held at the USPTO's headquarters in Alexandria, Virginia, in the Madison Building at 600 Dulany Street, Alexandria Virginia. The nearest Metro stops are King Street and/or Eisenhower Ave, which services the blue and yellow lines. The Metro stop is approximately a ten minute walk from the USPTO headquarters.

  • When is the Trademark Expo? What are the hours of operation?

    The Expo, a two-day event, is on Friday, October 17, 2014, from 10:00 am to 5:00 pm and Saturday, October 18, 2014, from 10:00 am to 4:00 pm.

  • Why does the United States Patent and Trademark Office (USPTO) sponsor a National Trademark Expo?

    The USPTO sponsors the National Trademark Expo to illustrate the value of brand names and other marks in the increasingly competitive global marketplace. The Trademark Expo educates the public about the important role trademarks and other marks play in our society and the global marketplace.

  • How can I change my correspondence address or owner address?

    You can file your change of address through the Trademark Electronic Application System (TEAS) athttp://www.uspto.gov/trademarks/teas/correspondence.jsp. To change a correspondence address, use form "1. Change of Correspondence Address Form." To change the owner's address, use form "2. Change of Owner's Address Form." Please be advised that changing the owner's address will not effect changes to the correspondence address unless the owner's address and correspondence address are identical. In many cases, third-party websites and Internet search engines use the data from the current correspondence address and owner address information.

  • 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 for a fee of $100.00. 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 toTMFeedback@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. 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) at http://www.uspto.gov/teas/e-TEAS/index.html. You should click on the overall "Petitions Forms" category from the TEAS front page and then select form number 3 ("Petition to the Director under Rule 2.146").

  • 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.

  • 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.

  • 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. Also, an applicant may provide a P.O. Box number as the correspondence and/or owner address in lieu of a home or business addresses, if accurate. 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.

  • 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.

  • 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 FOIA, trademark applications and registrations are available on the USPTO website so that the public may conveniently inspect and copy them, if desired.

  • 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 is the database used at the USPTO?

    The database is used as an aid in the examination of applications for trademark registration. Section 2(a) of the Trademark Act, 15 U.S.C. §1052(a), disallows the registration of various marks, including ones which falsely suggest a connection with particular institutions. If a mark that a party wishes to register as a trademark resembles an insignia of a Native American tribe, the USPTO might conclude that use of that mark would suggest a false connection with the tribe.

  • How do I contact the USPTO for additional information about the database?

    General inquiries may be emailed to tribal.insignia@uspto.gov.

  • When the USPTO enters an insignia in the database, does it first make an official determination that the insignia is the official insignia of the Native American tribe that made the submission?

    No. When it receives a request to enter an insignia into the database, the USPTO does not investigate whether the insignia is actually the official insignia of the tribe that made the submission. Instead, the USPTO complies with any request to enter an insignia into the database, provided that the request is made by a federally or state recognized Native American tribe, and provided that the request includes each of the elements identified in the answer to question #5 above.

  • The database is maintained by the USPTO. Does that mean that the database is an alternative or substitute register of trademarks?

    No. The database is a collection of insignia, not of trademarks. By arranging for its official insignia to be entered in the database, a Native American Tribe does not gain any of the benefits that result from registration of a trademark. (Further information about trademark registration is provided in booklet entitled Basic Facts About Trademarks).

  • How can a federally or state recognized Native American Tribe arrange for its official insignia to be entered in the database?

    a) By submitting the following to the USPTO:

    i) A written request to enter the insignia;

    ii) A depiction of the insignia that:

    (1) is not larger than 4x4;

    (2) is placed at or near the center of 8.5x11 paper;

    (3) includes headings bearing name of the tribe and the address for correspondence.

    iii) A copy of tribal resolution adopting the insignia as official one;

    iv) A statement, signed by an official with authority to bind the tribe, confirming that the insignia submitted is the one referred to in the resolution;

    v) For tribes recognized only by a state government:

    (1) Each of the items described above; and either;

    (a) A document from a state official showing that the state recognizes group as a tribe, or;

    (b) A citation to a state statute designating the entity as a tribe.

    b) These materials should be sent to the following address:

    Native American Tribal Insignia

    ATTN: Commissioner for Trademarks

    600 Dulany Street

    MDE-10A71

    Alexandria, VA 22314-5793

    Alternatively, the materials may be faxed to 571-273-8950. There is no form available to enter official insignia in the database.

  • Is the Database of Native American Tribal Insignia a comprehensive listing of all insignia of all federally and state recognized Native American tribes?

    No. There is no legal requirement to submit an insignia to the USPTO for inclusion in the database. Therefore, the database includes only the insignia of federally and state recognized Native American tribes that choose to submit their insignia.

  • If the Database of Native American Tribal Insignia is a component of a large database, how can I search for the entries that make up the insignia database?

    By following these simple steps:

    a. Go to "Free Form Search" on the TESS database

    b. Enter the following search strategy, including quotation marks: "Native American Tribal Insignia"[od]

  • Where can the database be found?

    The database is a component of a larger database maintained by the United States Patent and Trademark Office (USPTO) that is known as the Trademark Electronic Search System (TESS).

  • What is the Database of Native American Tribal Insignia?

    A database that features insignia that various federally and state recognized Native American tribes have identified as their official tribal insignia.

  • If the U.S. Application or registration that forms the basis of the international registration is abandoned, cancelled or expires, will the international registration be cancelled?

    Possibly yes. For the first 5 years, the international registration is completely dependent on the U.S. basic application or registration. This means that, during the first 5 years of the life of the international registration, if the U.S. basic application or registration is refused, withdrawn, cancelled or restricted, in whole or in part, then the International Bureau will cancel the international registration. A refusal or cancellation of a basic application or registration after the end of the 5-year period will also result in the cancellation of the international registration, if the action that caused the refusal or cancellation began within that 5-year period. However, after the 5-year period has ended, the international registration becomes independent of the basic application or registration.

  • Where can I get more information about the Madrid Protocol?

    The legislation, regulations and guide for implementing the Madrid Protocol in the United States and notices regarding paper filings are posted on the USPTO website: www.uspto.gov .

    More detailed information about the Madrid Protocol, Common Regulations, Administrative Instructions, Guide to International Registration of Marks, Madrid Express (on-line database), schedule of fees, individual fees and the International Bureau Fee Calculator are available on the WIPO web site at: http://www.wipo.int/madrid/en/ .

    The following publications and information technology products may be purchased with a credit card from the WIPO Electronic Bookshop on the WIPO Web site at: http://www.wipo.int/ebookshop/

    Madrid Agreement Concerning the International Registration of Marks, Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Regulations and Administrative Instructions (September 1, 2008) [WIPO Publication 204(E)];

    Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol (2009) available as a PDF at http://www.wipo.int/madrid/en/guide/index.html or through the WIPO Electronic Bookshop [WIPO Publication 455(E)];

    WIPO Gazette of International Marks

    - E-GAZETTE: http://www.wipo.int/madridgazette/en/

    - PDF Version: http://www.wipo.int/madridgazette/en/year.jsp

    - DVD Version: Available from the WIPO Electronic Bookshop [WIPO Publication Number: CDGMI]

    Madrid Express Database - updated daily, includes all international registrations that are currently in force or have expired within the last six months: http://www.wipo.int/madrid/en/services/madrid_express.htm

    Read-Only-Memory of Madrid Active Registry INformation - ROMARIN http://www.wipo.int/madrid/en/romarin/

    ROMARIN DVD-ROM subscription available from the WIPO Electronic Bookshop [WIPO Publication: ROMARIN-DVD]

  • 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 either the electronic form provided or on paper. A USPTO transmittal fee is required in either case. The holder also has the option of filing a subsequent designation directly with the International Bureau.

  • What is the duration of an international registration?

    An international registration lasts for ten years from the date of registration and may be renewed for additional 10-year periods by paying a renewal fee to the International Bureau.

  • After the mark in an international application registers, can the holder of the international registration request an extension of protection in additional countries?

    Yes. The holder of an international registration may designate additional Contracting Parties in a subsequent designation. A subsequent designation is a request by the holder of an international registration for an extension of protection of its international registration to additional Contracting Parties. A subsequent designation may also be used to extend protection to goods or services that were not originally extended to the previously designated Contracting Parties. For example, if a trademark owners sought international registration of five classes of goods and services, but limited the initial designation to only one class of goods to the identified Contracting Parties, the holder of the international registration can later designate any or all of the goods/services covered by the international registration to both those countries previously identified or to new countries designated in the subsequent designation.

  • 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.

  • Can an international applicant claim a priority filing date based on a U.S. basic application?

    Yes. A claim of priority in an international application may be based on a U.S. application in accordance with Article 4 of the Paris Convention even if the filing date of the basic application precedes the implementation date of the Madrid Protocol in the United States. The international application must both (1) assert a claim of priority and (2) be filed in the USPTO within six months after the filing date of the basic application that forms the basis of the priority claim.

  • Will the International Bureau automatically register the mark in an international application once it has been certified by the USPTO?

    No. Certification by the USPTO is only to ensure that the international application is properly based on a U.S. application or registration and to validate the date of receipt of the international application by the USPTO. The International Bureau must still review the international application to determine whether it meets the Madrid Protocol filing requirements. If the requirements are met and the fees paid, the International Bureau will then register the mark, publish it in the WIPO Gazette of International Marks (WIPO Gazette), send a certificate to the international applicant, now called "holder of the international registration", and notify the Offices of the Contracting Parties designated in the international application. The WIPO Gazette is published electronically and may be viewed on the WIPO web site at:http://www.wipo.int/madridgazette/en/.

  • What is a Notice of Irregularity with respect to an International Application?

    If the Madrid Protocol filing requirements have not been met, the International Bureau will send a notice to both the USPTO and the international applicant that explains the problems with the application. These notices are referred to as "Notices of Irregularity." Responses to irregularity notices must be received by the International Bureau within the time period indicated in the irregularity notice.

    Certain irregularities require remedy by the USPTO as the office of origin. In such cases, the applicant must respond to the irregularity and submit the response to the USPTO. The response will be reviewed, and if acceptable, forwarded to the International Bureau. The USPTO provides an electronic form for submission of the response available athttp://teasi.uspto.gov/TEASi . Please see Tips for Filers of Responses to Notices of Irregularity.

  • 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.

  • What is the cost for filing an international application through the USPTO?

    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. The certification fee is $150.00, per class, if the international application is based on more than one U.S. application or registration.

    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.

  • How can a U.S. trademark owner file an international application with the USPTO?

    An international application may be filed electronically using the Trademark Electronic Application System (TEAS) for International Applications. Electronic forms are accessible at http://teasi.uspto.gov/TEASi . An international application may also be filed on paper using the official form issued by the International Bureau of the World Intellectual Property Organization available online at http://www.wipo.int/madrid/en . For further information, please see the Tips for Paper Filers.

  • What other electronic Madrid Protocol forms are available?

    Currently, the USPTO offers three stand alone forms: 1.) Application for International Registration, 2.) 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, and 3.) Response to a Notice of Irregularity. As of September 12, 2009, TEAS global form options for the Request to Note Replacement and the Transformation of a cancelled International Registration into a National Application were made available. These options are self-completing and do not provide prompts or wizard questions to create the form. Beginning February 1, 2010, the USPTO began accepting the filing of Affidavits of Continue Use or Excusable Nonuse under Section 71 through a global form option. For a filing of incontestability, the stand-alone TEAS Section 15 form should be used, until such time as a TEAS Combined Section 71 and Section 15 form could be developed. Note in this regard that what is being filed is NOT a Section 73 filing. Section 73 only indicates what the timeframe for filing the Section 15 actually is.

  • 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.

  • 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.

  • When did the Madrid Protocol become effective in the United States?

    The Madrid Protocol went into effect in the United States on November 2, 2003. As of that date, U.S. trademark owners became able to submit an international application to the USPTO to forward to the International Bureau in Geneva, Switzerland. Similarly, as of that date, foreign trademark owners could seek extension of protection of an international registration of a mark to the United States.

    The Trademark Act has been amended by federal legislation to add provisions for implementing the Madrid Protocol in the United States. This amending legislation is called the Madrid Protocol Implementation Act (MPIA). The USPTO has also added new rules to the Trademark Rules of Practice for documents relating to the Madrid Protocol. The MPIA and the new rules are posted on the USPTO website at: www.uspto.gov .

  • Who can submit an international application through the USPTO?

    Any trademark owner with an application filed in or a registration issued by the USPTO and who is a national of, has a domicile in, or has a real and effective industrial or commercial establishment in the United States can submit an international application through the USPTO.

  • What are the requirements for submitting an international application through the USPTO?

    To file an international application through the USPTO, an applicant must have a U.S. application, called a "basic application" or a U.S. registration, called a "basic registration." The mark and the owner of the international application must be the same as the mark and the owner of the basic application or registration. The international application may be based on more than one USPTO application or registration provided the mark and the owner are the same for each basic application and/or registration.

    The international application must include a list of goods and services that is identical to or narrower than the list of goods or services in the basic application or registration. The international applicant must pay the U.S. certification fee(s) at the time of submission and identify at least one Contracting Party in which an extension of protection (that is, registration in a Contracting Party) is sought.

    A list of the minimum requirements for obtaining a date of receipt of an international application in the USPTO is set forth in 37 C.F.R. §7.11(a). See notice of final rules published in the Federal Register, 68 FR 55748 (Sept. 26, 2003).

    The requirements for a complete international application are set forth in Article 3 of the Protocol and Rule 9 of the Common Regulations Under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to That Agreement (Common Regulations). The Common Regulations are currently available on the WIPO website at http://www.wipo.int/madrid/en/ .

  • Which countries are members of the Madrid Protocol?

    As of February 2013, 88 countries have joined the Madrid Protocol. These countries 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.

  • What is the Madrid Protocol?

    The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application." The International Bureau of the World Intellectual Property Organization, in Geneva, Switzerland administers the international registration system.

    The resulting "international registration" serves as a means for seeking protection in member countries, each of which apply their own rules and laws to determine whether or not the mark may be protected in their jurisdiction. Neither the Madrid Protocol nor the Madrid Agreement provide for registration of an "internationally effective" trademark.

  • May changes be made to the applicant's representative's name and/or address through the USPTO?

    No. Applicant must submit the changes directly to the IB on Form MM10.

  • May an applicant file an appointment of representative for their international application through the USPTO?

    No. Applicant must file the appointment directly with the IB on Form MM12.

  • If the basic U.S. application abandons, or the basic U.S. registration cancels or expires, what will happen to the international registration?

    The international registration will be cancelled, in whole or in part as appropriate, if the basic U.S. application abandons, or the basic U.S. registration cancels or expires within the first five years of the date the international registration is issued.

  • May an applicant get a list of countries that are party to the Madrid Protocol from the USPTO website?

    No. However, the list of countries is kept up to date at the IB's website http://www.wipo.int/madrid/en/members/.

  • If fees are due because of an IB's irregularity notice, may an applicant pay the fees through the USPTO?

    No. Fees associated with an irregularity notice may not be submitted to the USPTO. They must be paid directly to the IB. See TMEP §1903.02 for information about the payment of fees to the IB.

  • May the international application fees be split and paid by multiple forms of payment types at the time of filing online by electronic form or by paper?

    No. Whether filing by electronic form or by paper form, using multiple methods of payment is not permissible.

  • 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. An new international application will receive a new USPTO Reference Number.

  • 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.

  • If an applicant fails to include priority data in an international application at the time of filing and now wants to add the information by amendment, may this be done through the USPTO?

    No. Amendments are not permitted to an international application once it is submitted to the USPTO. Applicant may withdraw the international application and start over, if it has not been forwarded to the IB.

  • 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.

  • May a subsequent designation be filed immediately after the filing of an international application to designate more countries?

    No. The applicant must wait until the international application matures into an international registration issued by the IB. A subsequent designation may then be filed directly with the IB or through the USPTO, for a fee, using the appropriate TEAS form or on paper.

  • May an applicant limit the goods and/or services in an international registration?

    Yes. 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.

  • 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.

  • 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.

  • Our insignia has changed slightly and we have requested that our mark be amended. Can our certificate of recordal be updated?

    No. An amendment of the mark in a trademark application or registration that forms the basis for a certificate of recordal will result in the Director of the USPTO declaring the recordal inactive. The certificate of recordal shall become inactive as of the date the amendment is filed. You may file a new application for recordal of the new version of the mark on the FQA registry.

  • Our recordal is inactive. Do we still need to file an update to our name or change of address?

    Yes. The holder must notify the USPTO of name or address changes whether the certificate of recordal is in an active or inactive status.

    15 C.F.R. §280.321

  • Our company was bought by another company and they have acquired all of our trademarks. Do they have to file a new application for recordal of the insignia we already recorded on the FQA registry?

    Yes, once the ownership of the trademark on which an FQA recordal is based is assigned, the recordal by the previous owner is considered "inactive." The new owner may file a new application to record the same insignia on the FQA insignia registry in their name.

  • Our company transferred the alphanumeric designation issued by the USPTO to another party. Can the new owner reactivate?

    Yes, an alphanumeric designation can be transferred or assigned, and reactivated upon application by the assignee. An application must include a copy of the pertinent portion of the document assigning rights in the alphanumeric designation to the new owner. The application must be filed within six months of the date of assignment. 15 C.F.R. §280.323(e)

  • I received a letter saying my insignia has been declared inactive because my trademark was abandoned/cancelled/expired. Can I file a new recordal application for the same mark?

    Unless a new trademark application has been filed for the same mark, no. Certificates of recordal designated inactive due to cancellation or expiration of the trademark registration or abandonment of the trademark application on which the recordal is based cannot be activated. Recordals may only be based on a valid registration or pending application.

  • I received a letter saying my insignia has been declared inactive because my trademark was assigned to a new owner. Can I reactivate my recordal?

    No, certificates of recordal designated inactive due to transfer or assignment of a trademark application or registration cannot be reactivated. An assigned trademark application or registration may form the basis for a new application for recordal on the fastener insignia registry by the new owner.

  • Can the Certificate of Recordal be transferred to a new owner?

    No. The Certificate of Recordal may not be transferred or assigned, but it may be amended only to show a change of name or change of address.

  • Our company changed its name. What must we do to update our recordal?

    Requests to update recordals with a change of name and/or change of address may be submitted to the FQA mailing address, or by facsimile to 571-273-8950, or to the TMFQA@uspto.gov email box. Requests regarding any change of address or change of name must be filed no later than six months after the change.

  • I received a letter saying my insignia has been declared inactive, but I'm still using my trademark as my fastener insignia. Can I file a new recordal application for the same mark?

    Yes, certificates of recordal designated inactive to due to the failure to maintain the recordal shall be deemed active only if the certificate holder files an application for recordal with the prescribed fee and attaches a copy of the expired certificate of recordal. 15 C.F.R. §280.320(e)

  • The application form says I must file a copy of my prior recordal. I do not have a copy of my prior recordal. How can I get a copy?

    Please send requests for copies of recordals to TMFQA@uspto.gov and include either a fax number or an address where a copy may be mailed.

  • How long will it take before I know if my application has been accepted?

    The USPTO processes applications for recordal and renewal in the order in which they are received. In the event a submission does not contain all of the required elements, the USPTO will return the entire application, along with a letter explaining the missing elements. No fees are processed for incomplete applications. A new application containing all of the required elements must be submitted. Generally, processing time varies from 7 to 10 working days, with delays possible due to federal holidays.

  • Once my application is processed, what will I receive?

    After recordal of a new application, the owner or the owner's attorney of record, if provided, will receive a Certificate of Recordal depicting the mark, the owner's information, and the date of recordal from which renewals are to be calculated.

    After processing a renewal application, the USPTO does not issue a new certificate. Renewals are noted in Office records and appear on the Insignia Registry when it is updated. The Registry is updated quarterly, typically in January, April, July, and October.

    After an alpha-numeric designation is reactivated to the original owner, the USPTO will issue a new Certificate of Recordal with the new recordal date from which to calculate renewals. When a new owner files an application for re-activation, the new owner is not issued a new recordal date and only shall remain in active status until the expiration of the five year period that began upon the issuance of the alphanumeric designation to its original owner or to any time remaining in a renewal period granted thereafter. Thus, if a new owner requests reactivation with only a few months remaining until a renewal is due, the new owner must also file a renewal application in the time allowed or in the grace period, with the required late fee.

  • Should I fax, mail or courier a paper copy of my FQA application that I have already submitted electronically?

    No. Multiple copies of FQA applications could lead to duplicative charges of FQA fees and duplicative recordals. Please choose one method to submit your FQA application - email, fax or delivery by postal service or private courier. If you have any concerns as to whether or not your submission has been received by the USPTO, you may call 571-272-8950 or emailTMFQA@uspto.gov. Do not send another copy with your follow up email.

  • What if I wish to send in my FQA application by private courier or delivery service, such as DHL, Federal Express, or UPS?

    FQA application forms accompanied by checks or money orders for the required fees may be submitted by private courier or delivery service, though use of such methods is not encouraged. If used, however, submissions must be sent to the Trademark Assistance Center (TAC) at the USPTO's headquarters at the following address:

    Trademark Assistance Center
    Madison East, Concourse Level Room C 55
    600 Dulany Street
    Alexandria, VA 22314

    Private couriers and delivery services cannot deliver to the US Postal Service mailing address provided on the application instructions.

  • How do I identify FQA Fees on the Credit Card Payment Form?

    FQA fees are Trademark Fees, but they require a "Description of Request" as being an "FQA application fee" or "FQA renewal fee" or "FQA late fee and renewal fee" as appropriate. If the Recordal is based on a U.S. Trademark Application or Registration, the application Serial Number or Registration Number must be included in the appropriate space. In the case of an application for a new recordal of an alpha-numeric designation, the "Description of Request" should indicate "New FQA alpha-numeric designation" or "renewal of recordal [please identify assigned alpha-numeric designation, e.g. 01PZ]". The credit card payment form may be found on the USPTO website at http://www.uspto.gov/forms/2038-fill.pdf.

  • How may I send in my FQA application?

    FQA application forms are accepted by U.S. mail, by fax, or by email. The instructions on page 2 of the application (found at on the USPTO website at http://www.uspto.gov/trademarks/law/fastener/FastnerApplication.pdf contain all of the submission details.

    Forms should only be submitted via one (1) method. Duplicate copies of forms are not to be submitted. If you wish to confirm receipt, please do not send a second copy with your request.

  • What is the Fastener Quality Act?

    The Fastener Quality Act (FQA), Public Law 101-592, was signed by President George H.W. Bush on November 16, 1990. Since its enactment, the FQA has been amended three times (Pub L. 104-113, Pub L. 105-234, and Pub L. 106-34) to further clarify and define the requirements of the original FQA.

    The FQA protects the public safety by: (1) requiring that certain fasteners sold in commerce conform to the specifications to which they are represented to be manufactured, (2) providing for accreditation of laboratories engaged in fastener testing, and (3) requiring inspection, testing and certification in accordance with standardized methods.

  • Who must submit an application for recordal of an insignia on the Fastener Recordal Registry?

    The USPTO does not provide assistance in determining whether or not a manufacturer of fasteners must submit an application.

    The following is from the National Institute of Standards and Technology Weights and Measures Division (Phone: 301-975-4019):

    Fasteners covered under the FQA are defined as limited to bolts, nuts, screws and studs (having a nominal diameter of 6 millimeters/0.25 inch or greater), or direct tension-indicating washers that are through-hardened (or meet a consensus standard that calls for through-hardening) and manufactured to standards and specifications of consensus standards organizations or government agencies that require a grade mark.

    Many fasteners are exempted from coverage including those:

    - that are part of an assembly

    - that are ordered for use as a spare, substitute, service or replacement part unless that part is in a package containing more than 75 of any such part at the time of sale or that part is contained in an assembly kit

    - produced and marked as ASTM A 307 Grade A;

    - produced in accordance with the ASTM F 432 standard;

    - specifically manufactured for an aircraft if the quality is approved by the Federal Aviation Administration or by a foreign airworthiness authority;

    - manufactured in accordance with the International Organization for Standardization (ISO) 9000, 9001, 9002, or TS16949; Quality system (QS) 9000; or other fastener quality assurance system defined by law; or

    - manufactured to a proprietary standard.

    To encourage the use of quality management systems such as QS 9000, fasteners are exempt from the FQA if they are manufactured in a facility using such a system.

  • What are the necessary FQA fees?

    New applications require a US $20 fee. Renewals are also US $20. If the renewal application is submitted within the six months after the fifth anniversary of the recordal, a late surcharge of US $20 is required in addition to the US $20 renewal fee. If a renewal application is not submitted by the end of the six-month grace period, the owner must reapply for the same mark in a "new" application, which must be accompanied by the US $20 application fee.

  • How long does it take to register a trademark?

    It is difficult to predict exactly how long it will take an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately three weeks after filing, which will include the serial number of the application. All future correspondence with the USPTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, 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 which may arise in the examination of the application.

    Current status information may be obtained through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov/ or by calling the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199. Applicants should check on the status of their pending applications every six months.

  • 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.

  • How can I get trademark information on submitting a change of correspondence address?

    Once the correspondence address is established for a particular application, it is not changed unless there is a written request by the applicant or his or her representative to do so. You may file a request to change your correspondence address electronically at http://www.uspto.gov/teas/eTEASpageE.htm. No fee is required.

    If you do not want to make this change electronically, you may send a request to change the correspondence address by mail to the following address:

    Commissioner for Trademarks,
    P.O. Box 1451
    Alexandria, Virginia 22313-1451

  • Can your office 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 Electronic Search System (TESS) 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 an attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties.

  • 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, VA

  • Can I fax in my trademark application?

    There is no provision for filing an application by means of facsimile transmission, i.e., by "faxing" it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery. To obtain information on the electronic filing of a trademark application and to submit an application electronically using the Trademark Electronic Application System (TEAS), go to http://teas.uspto.gov/indexTLT.html.

  • Do I need an attorney to file my trademark application?

    An applicant is responsible for observing and complying with all substantive and procedural issues and requirements whether or not represented by an attorney. Applicants are not required to hire an attorney for assistance with trademark filings, although it may be desirable to employ an attorney who is familiar with trademark matters. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. The U.S. Patent and Trademark Office cannot aid in the selection of an attorney.

  • Can I download trademark forms off the Internet or web site?

    Yes. You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. 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).

  • Can I apply for a Trademark electronically or on the Web?

    Yes. You can fill out an application online, check it for completeness, and file it over the Internet using the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. You can pay the fee by credit card, EFT, or through an existing USPTO deposit account .

  • How do I get a trademark?

    You can fill out an application online, check it for completeness, and file it over the Internet using the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. You can also 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 through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov.

    If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 (or 1- 571-272-9250) to request a paper form. For further information about applying for a trademark registration, see Basic Facts about Trademarks at http://www.uspto.gov/web/offices/tac/doc/basic/.

  • Is a trademark search necessary?

    It is advisable to conduct a search of the office records before filing an application. A search for pending, registered and dead trademarks may be conducted on the USPTO website using the Trademark Electronic Search System (TESS) or by visiting the Public Search Facility located on the first floor of the Madison East building at 600 Dulany St., Alexandria , VA 22313 between 8:00 a.m. and 8:00 p.m.

    Also, certain information may be searched at a Patent and Trademark Depository Library (PTDL). To find your nearest PTDL, go to www.uspto.gov/go/ptdl. If you need assistance in searching for trademarks, you may wish to locate an attorney specializing in trademark law. Local bar associations and the Yellow Pages usually have attorney listing 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 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. The Electronic Trademark Assignment System (ETAS) enables the user to create and submit a Trademark Assignment Recordation Coversheet by completing on-line web forms, attaching the supporting legal documentation as TIFF images for submission via the Internet and submitting the fee for recordation. Assignment or Name Changes filed electronically will be processed and recorded within hours of the submission. ETAS can be accessed through the USPTO web site at http://etas.uspto.gov/.

    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 trademark assignment information, you may visit the USPTO web site at www.uspto.gov/web/offices/ac/ido/opr/index.html. 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 703-308-9723.

    The USPTO Public Search Facility maintains assignment ownership records. 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.

    To access the Trademark Recordation Form for assignments, go to www.uspto.gov/go/forms. The forms may be printed, filled out and mailed in. 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.

  • How long does a trademark registration last?

    For a trademark registration to remain valid, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the Section 8 Affidavit within a grace period of six months after the end of the sixth or every tenth year, with payment of an additional fee. The registrant must also file a Section 9 renewal application (Section 9 Renewal) within the year before the end of each successive 10-year period following the date of registration, or within a grace period of six months thereafter, with payment of an additional fee. Assuming the Section 8 Affidavit and Section 9 Renewal are timely-filed as indicated above, the registration will be renewed for a 10-year term. If the Section 8 Affidavit and Section 9 Renewal are not timely filed, the registration will be cancelled. Registrations cancelled due to the failure to file a Section 8 Affidavit and Section 9 Renewal cannot be revived or reinstated.

    The required forms may be filed through the Trademark Electronic Application System (TEAS) (click on "File Forms Online" from the main USPTO Home Page under the Trademark column), and then from within TEAS select the category "REGISTRATION MAINTENANCE/RENEWAL FORMS."

  • How do I obtain a copy of a trademark?

    Copies of documents in an application file, including, the application itself, Office action and copies of the registration certificate, can be ordered by telephone, fax, and over the Internet. Copies of trademark registrations, shipped via the U.S. Postal Service, may be purchased for $3 each. To order a copy of a trademark registration, you must provide the trademark registration number or complete serial number. Copies of other paperwork within the application can also be ordered and the fee for such documents will depend on the number of pages copied. To order other information from an application file, you must provide the trademark registration number of complete serial number. Checks or money orders should be made payable to the Director of Patents and Trademarks. The preferred method of paying for copies is VISA®, Master Card®, Discover®, and American Express® credit cards or an existing USPTO deposit account.

    Orders may be placed via the following methods:

    E-mail to dsd@uspto.gov

    Phone:(571) 272-3150 or (800) 972-6382 Staff is available Monday through Friday from 8:30 a.m. - 5:00 p.m. Eastern Time.

    Fax: (571) 273-3250 Fax service is operational 24 hours a day.

    Mail:

    Mail Stop Document Services
    Director of the U S Patent and Trademark Office
    P.O. Box 1450
    Alexandria, VA 22313-1450

    For information about expedited delivery services, such as overnight courier or fax, or our electronic ordering service, please call(571) 272-3150 between 8:30 a.m. - 8:00 p.m. Eastern Time, Monday - Friday. For additional information on trademark copies, you may visit Products and Services and to conduct a trademark search you may visit the Trademark Electronic Search System "TESS".

  • What are the benefits of a federal trademark registration?

    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 U.S. Customs Service to prevent importation of infringing foreign goods.
  • What is the difference between TM and the R within the circle ®?

    Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

    The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.

    PLEASE NOTE: Several foreign countries use the letter R enclosed within a circle 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 constitutes interstate commerce?

    For goods, "Interstate commerce" involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, "Interstate commerce" involves offering a service to those in another state or rendering a service that affects interstate commerce (e.g. restaurants, gas stations, hotels, etc.).

  • What is a trademark and a service mark?

    A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

    A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.

  • What is the filing fee for a trademark?

    Information is available on the Trademark FAQs page.

  • Who can I contact if I have questions about applying for a patent or trademark?

    You may call the USPTO Contact Center at 800-786-9199 or 571-272-1000.

    Additional contact information is available on this site at our Contact Us page.