TEAS Plus FORM: TBD.
Rule 2.22(a): A trademark/service mark application for registration on the Principal Register under section 1 and/or
section 44 of the Act will be entitled to a reduced filing fee under § 2.6(a)(1)(iii) if it is filed through TEAS
and includes:
- The applicant’s name and address;
- The applicant’s legal entity;
- The citizenship of an individual applicant, or the state or country of incorporation or organization of a juristic applicant;
- If the applicant is a partnership, the names and citizenship of the applicant’s general partners;
- A name and address for correspondence;
- An e-mail address for correspondence, and an authorization for the Office to send correspondence concerning the
application to the applicant or applicant’s attorney by e-mail;
- One or more bases for filing that satisfy all the requirements of § 2.34. If more than one basis is set forth,
the applicant must comply with the requirements of § 2.34 for each asserted basis;
- Correctly classified goods and/or services, with an identification of goods and/or services from the Office’s
Acceptable Identification of Goods and Services Manual, available through the TEAS Plus form and at www.uspto.gov.
In an application based on section 44 of the Act, the scope of the goods and/or services covered by the section 44 basis
may not exceed the scope of the goods and/or services in the foreign application or registration;
- If the application contains goods and/or services in more than one class, compliance with § 2.86;
- A filing fee for each class of goods and/or services, as required by § 2.6(a)(1)(iii);
- A verified statement that meets the requirements of § 2.33, dated and signed by a person properly authorized to
sign on behalf of the applicant pursuant to § 2.33(a);
- A clear drawing of the mark. If the applicant does not claim standard characters, the applicant must attach a
digitized image of the mark in .jpg format. If the mark includes color, the drawing must show the mark in color;
- If the mark is in standard characters, a mark comprised of only characters in the Office’s standard character set,
currently available at www.uspto.gov, typed in the appropriate field of the TEAS Plus form;
- If the mark includes color, a statement naming the color(s) and describing where the color(s) appears on the mark,
and a claim that the color(s) is a feature of the mark;
- If the mark is not in standard characters, a description of the mark;
- If the mark includes non-English wording, an English translation of that wording;
- If the mark includes non-Latin characters, a transliteration of those characters;
- If the mark includes an individual’s name or portrait, either (i) a statement that identifies the living individual
whose name or likeness the mark comprises and written consent of the individual, or (ii) a statement that the name or
portrait does not identify a living individual (see section 2(c) of the Act);
- If the applicant owns one or more registrations for the same mark, a claim of ownership of the registration(s)
identified by the registration number(s), pursuant to § 2.36; and
- If the application is a concurrent use application, compliance with § 2.42.
Minimum Requirements: To obtain a filing date under Rule 2.21(a), any application must include at least these five
(5) elements: (1) the name of the applicant; (2) a name and address for correspondence; (3) a clear drawing of the mark;
(4) a listing of the goods and/or services; (5) a filing fee for at least one class of goods or services. Obviously, a
"complete" application must include other elements; however, merely providing these five elements at least ensures that
the application will not be held "informal" and returned.
Mandatory: Mandatory fields are identified in the form with red asterisk (*) symbols. The form will
not validate without entries in these fields, or where appropriate, without attachments of .jpg files. Where a mandatory
field has been skipped, an "error" message will display. Unlike a "warning" message, which is displayed when information
is not provided in an "optional" field, an "error" cannot be by-passed. An error requires you to return to that section
of the form, and make the appropriate entry or attachment. If you cannot complete a mandatory field, you must wait to
file the application until the information is available for you to enter; or, if attempting to use the TEAS Plus version
of the form, consider switching to the TEAS form, in which that particular field might not be mandatory.
Customization: Some of the goods and services entries in the Manual are incomplete, and require that you correctly provide additional
information within the recitations. If you do not correctly provide this additional information, the examining attorney
will remove the application from TEAS Plus status, and require the payment of an additional filing fee of $50 per class
of goods and/or services. E.g., the following identifications would require insertion of additional wording: "Reference
books in the field of {specify area of use, e.g., science, history};" "{Indicate type of filter, e.g., oil, gas, air}
filters for motors and engines;" and "Cleaning preparations for {indicate use, e.g., hand, automobile, oven}."
Rule 2.23(a)(1): In addition to the filing requirements under § 2.22(a), the applicant must:
(1) File the following communications through TEAS:
- Responses to Office actions (except notices of appeal under section 20 of the Trademark Act);
- Requests to change the correspondence address and owner’s address;
- Appointment and/or revocation of power of attorney;
- Appointment and/or revocation of domestic representative;
- Preliminary amendments;
- Amendments to allege use under section 1(c) of the Act or statements of use under section 1(d) of the Act;
- Request(s) for extensions of time to file a statement of use under section 1(d) of the Act; and
- Request(s) to delete a section 1(b) basis.
E-mail: While the applicant must agree to receive communications on a TEAS Plus application via electronic mail (e-mail),
the USPTO may at any point during the pendency of the application exercise its discretion and send communications
via regular mail. A decision by the USPTO to send correspondence on paper via regular mail would not impact the
TEAS Plus status of the application.