TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (TEAS)

TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (TEAS)

HELP FOR TRADEMARK/SERVICE MARK APPLICATION
TEAS Plus form

NOTE: For further information on any of the topics listed below, see the Trademark Manual of Examining Procedure.

Navigation History: The Navigation History highlights where you are in the form. You cannot use it to go forward to another section. While you can use it to move backward to a previous section, if you then make changes in that section, you must use the continue button at the bottom of the section to save the changes; if instead you click directly on another section with the Navigation History, your changes will not have been saved.

Extend the time limit

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.
WARNING: If you will be working within the IDManual 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.

 

APPLICANT INFORMATION SECTION

Owner Of Mark: Enter the full name of the Applicant, i.e., the name of the individual, corporation, partnership, or other entity that owns the mark, not the person or firm completing the application. If the applicant is an individual, please list as LAST NAME, FIRST NAME, MIDDLE INITIAL/NAME; e.g., Smith, John A. If a joint venture organized under a particular business name owns the mark, enter that name. If a trust owns the mark, enter the name as "The Trustees of the [specify name] Trust." If an estate owns the mark, enter the name as "The Executors of the [specify name] Estate." If joint or multiple applicants own the mark, enter the name of each of these applicants (using the "Next Owner" button at the bottom of the screen, to add the appropriate number). If the applicant is doing business as or trading under a different name, enter that information after the notation "DBA," e.g., Smith, John A. DBA The Smith Company.

Joint Applicants: It is important to determine if a "joint applicant" relationship actually exists between the owners, rather than a different relationship (such as a partnership or a joint venture). Normally, a trademark application is filed in the name of one party. However, joint applicants can apply if the mark is used in a business in which two or more parties are involved actively. Therefore, if the application lists joint applicants, the USPTO will presume that the mark and the business in which it is used are, in face is to be ONLY a single applicant, list for the applicant the single name of a partnership or joint venture. On the other hand, if joint applicants are correct, then all relevant information must be provided for each of the applicants, and each of the applicants must sign the application, since they are individual parties and not a single entity.

Entity Type: Indicate the applicant's entity type by clicking on one of the circles that appear in the boxes under this section (i.e., "individual, "corporation," "partnership," etc.), and enter the corresponding information in the space to the right of the circle selected (which will appear within the form once you select a specific entity type).

Individual: Enter the applicant's country of citizenship.

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

Partnership: Enter the state under whose laws the partnership is organized (or if the partnership is a foreign partnership, the country) in the appropriate designated field. In the other designated field, enter the name and citizenship of any general partners who are individuals, and/or the names and state or (foreign) country of incorporation of any general partners that are corporations, and/or the names and states or (foreign) countries of organization of any general partners that are themselves partnerships.

Limited Partnership: Enter the state under whose laws the partnership is organized (or if the partnership is a foreign partnership, the country) in the appropriate designated field. In the other designated field, enter only the names and citizenship or state or country of organization or incorporation of the general partners.

Joint Venture: Enter the state under whose laws the joint venture is organized (or if the joint venture is a foreign joint venture, the country) in the appropriate designated field. Enter the name and entity type of each entity participating in the joint venture. In the other designated field, enter the citizenship of those joint venture participants who are individuals, and/or the state or (foreign) country of incorporation of those joint venture participants that are corporations, and/or the state or (foreign) country of organization- and the names and citizenship of the partners- of those joint venture participants that are partnerships.

Sole Proprietorship: Enter the state or country where the sole proprietorship is organized in the appropriate designated field. In the other designated field, enter the name and citizenship of the individual who composes the sole proprietorship.

Trust: Enter the state or country where the trust is organized in the appropriate designated field. In the other designated field, enter the name and citizenship of the individual trustees. Note: The application should be filed in the name of the trustees, not the name of the trust. At the initial "Name" field, the entry should read: "The Trustees of the [specify name] Trust."

Estate: Enter the state or country where the estate is organized in the appropriate designated field. In the other designated field, enter the name and citizenship of the individual executors. Note: The application should be filed in the name of the executors, not the name of the estate. At the initial "Name" field, the entry should read: "The Executors of the [specify name] Estate."

Other Entity Type: Use either the Domestic Entity pull-down box or the Foreign Entity pull-down box to indicate the appropriate entity. If not listed therein, select "OTHER" from the list and then make an entry in the free-form text box (e.g., "joint applicants" or "multiple applicants").

Street Address: Enter the applicant's street address or the rural delivery route where the applicant is located. A P.O. box address is also acceptable.

Internal Address: Enter the internal address; e.g. Suite 200, or Room 10G3

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

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

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

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

Phone Number: Enter the applicant's telephone number.

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

Internet/E-Mail Address: You must enter the applicant's e-mail address if no attorney or domestic representative has been appointed for this application; otherwise, enter if available and desired for the record. Reminder: For a TEAS Plus application, communication must be via e-mail. The USPTO will only communicate directly with the applicant where there is no appointed attorney or domestic representative. If communication will be with the applicant, you must keep this e-mail address current; any up-date to the "paper" mailing address will not be sufficient.

Reminder: If you previously authorized the USPTO to communicate via e-mail, and the earlier provided e-mail address has now changed, you must enter the new e-mail address in this field; otherwise, the USPTO will continue to send official correspondence to the old e-mail address, regardless of any listed change in your "paper" mailing address, above.

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

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

MARK INFORMATION SECTION

Mark: You must choose to present your mark in one of two formats: (1) Standard Characters; or (2) Special form (Stylized and/or Design). You may apply for only one mark in each application; also, each variation of a mark is considered a separate mark. Within one application, you cannot display the mark as a combination of both standard characters and stylized and/or design elements. To claim Standard Characters, you must enter the word(s), letter(s) and/or number(s) you wish to register (e.g., THE CAT'S MEOW). Do not include quotation marks around the mark unless you are actually using, or intend to use, the quotation marks as part of the mark. Also, do not include any information related to a "pseudo mark" in this field. The USPTO is responsible for the pseudo mark field in the search system, not the applicant. For a Special Form mark, you must attach a .jpg image file (the only acceptable file type, and which may consist solely of a pictorial element; word(s), letter(s) or number(s) in a particular stylization; or a combination thereof); and, if appropriate, enter the literal element of the mark. If you wish to register a stylized or design mark, do not attempt to enter any information under Mark in the Standard Character section. Instead, click on the circle selecting Special Form, and use the browse button to select the appropriate .jpg image file from your local drive, showing the actual appearance of your overall mark. This image should ONLY be of the mark itself, and should not be a presentation of how the mark is being used (where the application is being filed under Section 1(a), use in commerce) on the actual specimen (e.g., a tag or label for goods, or advertisement for services). The image file for the specimen of use is submitted in a separate section of the application.

If, as part of the special form mark, there are literal elements in the mark, you should also enter those elements in the field underneath where the image file was attached (again, not under the Standard Character section). You must describe the mark in the appropriate field below where the image has been attached; if a color mark, list the portions of the mark that are in color and the corresponding color for each. (e.g., "A stylized letter C; "A bird with a blue body, a red head, and a yellow beak."). Do not enter the description within the field for LITERAL ELEMENT; that field is only for use where the mark itself includes words.

Standard Characters: Use this option to register a mark that is comprised of word(s), letter(s), number(s), or any combination thereof, with no design element and when you are not claiming any particular font, style, size, or color, and absent any stylization or design element. The application must also include a statement that "The mark consists of standard characters, without claim to any particular font, style, size, or color." The electronic form will automatically generate the correct statement. Registration of a mark in standard characters will provide broad rights, namely use in any manner of presentation. To be eligible for a claim of standard characters, the entered character(s) must appear in the accepted standard character set; you must be able to enter these characters directly into the designated field of the form.

Special Form (Stylized and/or Design): Use this option if you wish to register a mark that is comprised of stylized word(s), letter(s), and or number(s), and/or a design element. The design may appear by itself, or combined with word(s), letter(s), and/or number(s).

Change or Correct Your Mark: If you made an error in what you presented in the application as the "mark", you may request a correction. This requires submission of an amendment, and if appropriate, inclusion of a new .jpg image file. Not all proposed corrections are accepted. The examining attorney will only permit the "new" mark after determining that the change does not amount to a material alteration of the mark as originally filed. This consideration is only made during the normal course of examination of the actual application; i.e., there is no separate examination of the proposed amendment when first filed, meaning that whether the amendment is acceptable will not be immediately known. If the proposed amendment is not accepted, an entirely new application must be filed for the desired mark; the USPTO does not refund the fee(s) for the original filing that was incorrect.

Material Alteration: The examining attorney will determine whether any proposed amendment of the mark is acceptable. A change is not acceptable if it materially alters the character of the mark. The modified mark must contain what is the essence of the original mark, and the new form must create the impression of being essentially the same mark.

As a general rule, the addition of any element that would require a further search to determine whether a confusingly similar mark exists will constitute a material alteration. Also, deletion of matter from the mark can result in a material alteration. However, the deletion of non-distinctive matter may not constitute a material alteration. For example, the deletion of the generic name of the goods or services would not generally constitute a material alteration, unless it was so integrated into the mark that the deletion would alter the commercial impression. In some circumstances, even descriptive or other types of non-distinctive matter may be deleted, if the overall commercial impression is not altered.

You may not amend to a standard character mark if the deletion of a design element or the elimination of the special form would alter the commercial impression. Usually, the mere amendment from stylized lettering to standard character form will not represent a material alteration. An amendment adding an element that the applicant has previously registered for the same goods or services may be permitted. However, the addition of matter that the applicant has previously registered for different goods or services is not permissible. Any proposed amendment to delete previously registered matter from the mark will be evaluated as to whether the deletion would represent a material alteration of the mark, without regard to whether the matter to be deleted is the subject of an existing registration.

These general rules are subject to exceptions. The USPTO must decide each case on its own facts. The controlling question is always whether the new and old form of the marks create essentially the same commercial impression.

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

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

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

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

Likelihood of Confusion
The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed. In evaluating an application, the examining attorney conducts a search of USPTO records to determine whether there is a conflict between the mark in the application and a mark that is either registered or pending in the USPTO. The principal factors considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks neither have to be identical nor the goods and/or services the same; instead, it is sufficient if the marks are similar and the goods and or services related. Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion. When a conflict exists between the applicant's mark and a registered mark, the examining attorney will refuse registration of the applicant's mark on the ground of likelihood of confusion. If a conflict exists between the applicant's mark and a mark in an earlier-filed pending application, the examining attorney will notify the applicant of the potential conflict. The applicant's mark will be refused on the ground of likelihood of confusion only if the earlier-filed application proceeds to registration.

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

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

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

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

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

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

Display of mark in USPTO databases: The USPTO will generate an image for all standard character marks filed through TEAS Plus. After filing, the "word mark" field displayed in the Office's various databases may reflect a slightly different mark than what you actually filed, because some standard characters must be converted to other characters, or slightly modified, to ensure proper communication across different databases. Specifically, (1) the € symbol is converted to 'Euro'; (2) the ‰ symbol is converted to '0/00'; (3) Œ is converted to 'OE'; (4) œ is converted to 'oe'; and (5) some characters having a diacritical mark (e.g., an umlaut, accent, or cedilla) are converted to remove the diacritical mark; e.g., Ű is converted to U, ć is converted to c, and ţ is converted to t. For a complete listing of characters requiring conversion, click here.

For applications filed via TEAS Plus (i.e., on or after July 18, 2005) that claim standard characters and include any of the characters identified in (1)-(4) above, the USPTO-generated image of the mark is the most reliable data source for information about the exact mark. For searching purposes, you should not rely on the 'word mark' field if any of those specific characters are part of the mark (It is not a problem for the characters identified at (5), above). For specific searching instructions, click here.

USPTO display of standard character mark: The USPTO will create an image of a standard character mark based upon the following guidelines: 1) a single line can consist of no more than 26 characters, including spaces; 2) after 26 characters, the mark will automatically continue onto the next line. If it is one continuous word string (where several words have been "telescoped" to create one long "word," e.g., THEVERYBESTCOOKIESINTHEWORLD, the continuation on to the next line will be left justified; on the other hand, where there are clear breaks in the mark, e.g., THE VERY BEST COOKIES IN THE WORLD, the next line will be centered, to distinguish between the continuation of one very long word from the first line, versus the beginning of a new word on the next line; 3) component words are never separated between lines; i.e., whereas the mark THEVERYBESTCOOKIESINTHEWORLD would be displayed with the portion THEVERYBESTCOOKIESINTHEWOR and the final LD on the second line (left justified), the mark THE VERY BEST COOKIES IN THE WORLD will have the wording THE VERY BEST COOKIES IN on line 1, and THE WORLD on line 2 (centered)- it did not try to put part of the word "THE" on the first line, even though the first line had not reached the 26 character limit, because it would have meant "splitting" the component word "THE"; and 4) a "hard return" will be respected, but it will still be within the context of the 26 character limit. E.g., if the mark was to appear as THE VERY BEST on line 1 and COOKIES IN THE WORLD on line 2, it could be entered with a "hard return" after BEST, and the USPTO will match the intention as reflected in the original typed entry. However, where the mark is entered with the return after THE, because the intention is to show only the mark on the next line, the USPTO display will not match the intention. Instead, it will show the mark as THE VERY BEST COOKIES IN on line 1, THE by itself on line 2 (forced there because of the 26 character limit), and WORLD by itself on line 3 (forced there because of the use of the hard return). Therefore, if it is critical for some reason for the mark to be displayed a definite way (vis-à-vis the issue of certain words appearing on specific lines), then you must either (1) use regular TEAS, wherein you could attach your own image file and check a box to claim standard characters. The appropriateness of the standard character claim would later be determined as part of the examination of the application; or (2) use the special form (stylized or design) option, and attach your own .jpg image of the mark; however, you could not make a claim of standard characters if attaching a .jpg image within the TEAS Plus form.

Properly-Sized JPG image file: All black-and-white .jpg images and color jpg 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. To ensure your image file meets these suggested sizes, you can use a free graphic viewer, e.g., Irfanview. If you cut-and-paste an image into Irfanview, or open an image file using the program, select "Image" from the tool bar and "Information" from the drop-down choices to view the current DPI and pixel dimensions. If your image is not in the proper dimension, you can use Irfanview to change the DPI and pixel dimensions: 1) Select "Image" from the tool bar; 2) Select "Resize" from the drop-down choices; 3) Set the DPI to 300 - 350 and change the pixel dimension to within the accepted range of 250 X 944; 4) If the new image file looks acceptable to you in the new dimensions, save the image file, by selecting "File" from the tool bar and using the "Save As" feature to save the file as a JPG image. If the image is not clear, do not submit the image. Instead, seek the assistance of a graphic artist to create the properly-sized .jpg file.

IMPORTANT WARNING REGARDING RE-ATTACHMENT OF IMAGE FILES: Due to technical limitations within the browsers now available, and to simplify the process and prevent possible errors, where you are filing an application with a .jpg image file(s) attached these image files will NOT be available for viewing or printing an application that was previously saved. All image files must be re-attached to the application before final submission to the USPTO.

Black and White: Mark images submitted as "Black-and-White" images must consist of only two colors, namely, black and white. To create a true black-and-white .jpg image file, you must ensure that the image does not include any gray scale or color. When scanning your image file, you should confirm that the settings on your scanner are set to create a black-and-white image, not a color image. If you submit a black-and-white image that has colors associated with it, it will cause the image to appear with the associated colors, as different shades of gray or "gray scale." Or, if the image is scanned in color, it will appear in color. To decrease the color depth in an existing JPG image to only black and white, you can use a free graphic viewer, e.g., Irfanview. If you cut-and-paste an image into Irfanview, you can decrease the color depth to two colors by 1) Selecting "Image" from the tool bar; 2) Selecting "Decrease Color Depth" from the drop down menu; 3) Selecting "2 colors, black and white;" 4) Click "ok;" 5) Confirm view of image as a pure black and white image; 6) Select "File" from the tool bar and use the "Save As" feature to save the file as a JPG image; and 7) Attach this image to your application as your proper black-and-white mark. If you are not able to reproduce your mark as a pure black-and-white image, you should seek the assistance of a graphic artist. NOTE: The form will not "reject" a "black-and-white" image that has colors associated with it. However, if you are claiming a pure black-and-white mark image but the image is not submitted correctly, the examining attorney will require submission of a new image file during the examination process. Also, as of November 2, 2003, the USPTO will not accept black-and-white images with a color claim, or drawings that are lined for color; you must submit an actual color mark image. However, the USPTO will process drawings with stippling as black-and-white drawings, unless shading produces gray tones or gray is a feature of the mark. If so, the USPTO will process the mark as a color mark, and require a color claim. Or, the USPTO will require submission of a new black-and-white image, if it is determined that was the applicant's intent for the mark.

Literal Element: Enter the word(s) or letter(s) that appear within the overall composite mark (as shown in the attached JPG image file). Do not enter a description of the mark in this field. E.g., if the mark consists of the design of a cat and the words THE CAT'S MEOW underneath, you would enter in this field THE CAT'S MEOW. You would not enter "The design of a cat and THE CAT'S MEOW"- it is the actual image file that will show this. NOTE: Do not enter any word(s) or letter(s) that do not appear in the attached image; the image file must reflect the overall mark, consisting of both the design and the word(s)/letter(s).

Description: Enter the appropriate description of the mark; e.g., "A stylized letter C." If a color mark, list the portions of the mark that are in color and the corresponding color for each; e.g., "A bird with a blue body, a red head, and a yellow beak."). Do not enter the description within the field for LITERAL ELEMENT; that field is only for use where the mark itself includes words. For a TEAS Plus application, all special form marks must include a description of the mark, regardless of how clear the nature of the mark may be on its face.

Made an entry: If you already made an entry of the mark in the standard character section, you should not check the box under the stylized or design section to claim that the mark consists of standard characters. If you do check this box, the system will interpret your claim as changing the type of mark to a stylized or design mark, and will require you either to enter a literal element or attach a jpg image file. The entry directly within the first portion of the Mark section, i.e., at "Standard Characters," is the only entry to be made for the purpose of indicating that the mark consists of standard characters, without claim to any particular font, style, size, or color.

Additional Statement: This section is for the entry of various statements that may pertain to the mark. To select a statement, check the box and enter the specific information relevant to your mark. The following are the texts of the most commonly asserted statements:

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

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

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

SIGNIFICANCE OF WORDING, LETTER(S), OR NUMERAL(S): If any word(s), letter(s) or numeral(s) appearing in the mark have a significance in the relevant trade or industry or as applied to the goods/services in the application, you should specify this significance to avoid inquiry by the examining attorney. If it appears that the word(s), letter(s) or numeral(s) may have significance, particularly to someone unfamiliar with the specific usage of the word(s), letter(s) or numeral(s), but in reality the usage is only as a trademark, you should indicate that there is no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language. E.g., "X-10" could be used as a specific model number, and this significance should be noted. If, on the other hand, this is a totally arbitrary designation, then it should be stated that there is no actual significance in the relevant trade or industry.

PRIOR REGISTRATION(S): "Applicant claims ownership of U.S. Registration Number(s) __________." (Enter registration number(s) for the same or similar marks. Do not use any commas within the number, and ensure that the entry is 7 numerals long (i.e., if necessary, add leading 0's to number, e.g., 0086417). If there are more than 3 numbers, click the box for "and others" after the third number). NOTE: If applicable under the facts of the application, it is required within a TEAS Plus application that the applicant claim ownership of any registrations for the same mark.

TRANSLATION: "The foreign wording in the mark translates into English as ___________." NOTE: If applicable under the facts of the application, it is required within a TEAS Plus application that the applicant enter a translation of the mark.

TRANSLITERATION: "The non-Latin characters in the mark transliterate into ________, and this means _________ in English." NOTE: If applicable under the facts of the application, it is required within a TEAS Plus application that the applicant enter a translation of the mark.

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

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

§2(f), based on evidence: "The mark has become distinctive of the goods/services, as demonstrated by the submitted evidence." Evidence to support this claim must be submitted as JPG files (the form allows the attachment of up to 50 images).

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

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

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

NAME(S), PORTRAIT(S), SIGNATURE(S) OF INDIVIDUAL(S): Click on the first circle if the name(s), portrait(s), and/or signature(s) shown in the mark does identify a particular living individual, and enter the appropriate name(s), and attach a JPG file showing the actual consent of the named individual to the use and registration of his or her name. Click on the second circle if the mark includes a name(s), portrait(s), and/or signature(s), but this does not identify a particular living person. NOTE: If applicable under the facts of the application, it is required within a TEAS Plus application that the applicant enter the appropriate information regarding consent.

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

CONCURRENT USE: Enter the appropriate concurrent use information, e.g., specify the goods and the geographic area for which registration is sought. For specific requirements, see TMEP section 1207.04. NOTE: If applicable under the facts of the application, it is required within a TEAS Plus application that the applicant enter all relevant information related to a concurrent use claim.

MISCELLANEOUS STATEMENT: This section should only be used to enter information for which no other section of the form is appropriate. The entry should be as concise a statement as possible, and consist of factual information that follows, as closely as possible, the format set forth for the other additional statements, above. If the applicant wishes to submit a separate attachment as part of a miscellaneous claim, the applicant must concurrently do this through the submission of a supplemental Preliminary Amendment form.

GOODS AND/OR SERVICES INFORMATION SECTION

Suggesting changes to IDManual: You can make a request to have an identification added to the IDManual by emailing TMIDSUGGEST@uspto.gov. Your suggestion will be reviewed in approximately one working day, and you will receive a response as to whether it (1) can be entered in the IDManual as you have written and classified it; (2) will be added with modifications and what those modifications will be; or (3) cannot be added and a brief explanation as to why it cannot be added. This vehicle is not a forum for extended discussion as to "why" or "why not" a proposed identification can or cannot be added to the IDManual. However, if your suggestion is not accepted, you are welcome to submit a new proposal, taking into consideration the comments made in the e-mail explaining why your suggestion could not be entered. The IDManual is updated every week, and new entries appear Thursday morning.

Advanced Search Query Syntax: Query Terms: Queries can be comprised of two different kinds of terms: single terms ( e.g., clothing, soup ) and phrases ( e.g., "computer software"). Separate multiple single terms by commas or spaces; enclose phrases in quotation marks.

Modifiers for Terms:

Searching Using Wildcards:

Single character wildcard searching can be performed using the question mark character (?). By replacing a single character in a search term with the wildcard question mark, the search will retrieve all terms that match the original term with the single character replaced. E.g., a search for te?t will find test or text. Please note: a character must appear in the place containing the ? for the search to find the term.

Multiple character wildcard searches may be performed using the asterisk character (*). Placing the wildcard asterisk in a search term will retrieve all terms that have as few as none up to an unlimited number of characters where the wildcard asterisk was placed. E.g., a search for comput* will find compute, computer, computers, computerized, etc.

Please note: neither of the wildcard characters (* or ?) can be used as the very first character of a search term.

Proximity Searches: To find terms that are within a specific distance of each other, use the tilde character (~) at the end of a phrase. E.g., to search for "computer" and "manuals" within 4 words of each other in an identification of goods, you would enter the search query "computer manuals"~4 .

Boolean operators: You can use 5 Boolean operators to combine terms: AND, "+", OR, NOT and "-". Please note: All Boolean operators must be entered in all capital letters.

OR is the default conjunction operator, which means that the system presumes that you meant OR if you did not use any of the other operators and left a space between terms. The OR operator finds all matching entries where either of the terms exists within the identification of goods/services. E.g., to search for identification of goods entries that contain either "computer software" or just "computer," you would enter the search query "computer software" OR computer.

AND matches entries where both terms exist anywhere in the text of an identification of goods/services. E.g., to search for identification of goods entries that contain both "cloth" and "bib," you would enter the search query cloth AND bib.

Use of the Plus Symbol (+) simply requires that the term immediately after the "+"character exist somewhere in the identification of goods/services entry. E.g., to search for identification of goods entries that must contain "software" and may contain "computer," you would enter the search query +software computer.

NOT excludes identification of goods/services entries that contain the term after NOT. E.g., to search for entries that contain "computer" but not "software," you would enter the search query computer NOT software. Please note: the NOT operator can only be used when you are searching two or more terms.

Use of the Minus Symbol (-) excludes identification of goods/services entries that contain the term that appears immediately after the symbol. To search for entries that contain "computer software" but not "temporary,” you would enter the search query "computer software"-"temporary".

Instructions for creating overall goods/services list: Step 1: Click on each item to be selected from the presented list. If an item has been selected by mistake, simply click on the box again to "uncheck" the box. Step 2: When all desired items have been checked, click on the "Insert Checked Entries" button. Or, if a new search is to be performed, enter the new search term(s), click on GO, and then start again at Step 1. NOTE: If multiple searches are to be performed, do NOT click on the "Insert Checked Entries" button until ALL desired items have a checkmark. Clicking on the "Insert Checked Entries" button should always be the absolute FINAL step in building the overall goods/services list for this application. Step 3: If the selected entry requires insertion of additional information, e.g., "Books in the field of {indicate subject matter}", after clicking on the "Insert Checked Entries" button, an additional screen will provide a free-text field for typing in the requested information.

BASIS FOR FILING APPLICATION

Section 1(a) filing basis, actually using mark in commerce now: Choose this basis if you are actually already using the mark in commerce that the U.S. Congress may regulate (e.g., interstate commerce; territorial commerce [with Guam or American Samoa, e.g.]; or commerce between the United States and a foreign country) in connection with ALL the goods and/or services identified in the application. You must be able to provide the date of first use anywhere and the date of use in commerce that the U.S. Congress may regulate, and a specimen (sample) of said use. Use may be by the applicant, the applicant's related company, or a licensee of the applicant (or, earlier use by a predecessor in interest; however, current use must be being made at the time of the application by the applicant, the applicant's related company, or a licensee of applicant).
NOTE: Section 1(a), use in commerce, and Section 1(b), intent-to-use, are mutually exclusive for identical goods or services. That is, it is never correct to claim that use is already being made for an item, and at the same time claim that there is merely an intention to make use of the mark for that item at some future date.

Section 1(b) filing basis, no use of mark yet but intending to use: Choose this basis if you have not yet made actual use of the mark in commerce that the U.S. Congress may regulate (i.e., interstate commerce; territorial commerce [with Guam or American Samoa, e.g.]; or commerce between the United States and a foreign country) in connection with ALL the goods and/or services identified in the application, but instead simply have a bona fide (good faith) intention to use the mark in commerce at a later time after filing of this application. The intention to use may be by the applicant, the applicant's related company, or the licensee of the applicant. NOTE: If filing under this basis, you will be required to submit a demonstration of use (i.e., a second form, namely, Allegation of Use with an additional fee and a specimen (sample) of said use) later in the prosecution process of the application.

NOTE: Section 1(a), use in commerce, and Section 1(b), intent-to-use, are mutually exclusive for identical goods or services. That is, it is never correct to claim that use is already being made for an item, and at the same time claim that there is merely an intention to make use of the mark for that item at some future date.

Section 44(d), foreign application exists for same goods/services: Choose this basis if you are filing the U.S. application within six (6) months of filing the first foreign application to register the mark in a defined treaty country. This establishes a "right of priority. " However, if no foreign application filing already exists (i.e., you do not have an application pending in a trademark office outside of the USPTO), do not claim this basis; i.e., this is not appropriate is you merely are doing business or intend to do business outside of the United States, and do not actually have a foreign application.

Section 44(e), foreign registration exists for same goods/services: Choose this basis if a foreign registration already exists. You must provide in the U.S. application all relevant information about the existing foreign registration(s), including attaching a .jpg image file of a copy of the foreign registration certificate; the foreign registration(s) must be in force at the time of filing of the U.S. application. If the foreign registration is not in English, you must also provide a translation of the foreign registration with the copy of the foreign registration. The translator should sign the translation, but need not swear to the translation. This basis is not appropriate if you merely are doing business or intend to do business outside of the United States, and do not actually have a foreign registration; or, if you merely have a foreign application, which has not yet matured into a foreign registration.

Scenario 1: One class or multiple classes, with ONE filing basis for ALL listed items: How to assign basis:

Step 1: Click on the one appropriate filing basis button from the 4 choices displayed beneath the listing of Goods and/or Services which will cover all listed items.*
Step 2: Complete all mandatory fields where additional information is required (i.e., for Section 1(a), 44(d), or 44(e)).
Step 3: Click on the "Assign Filing Basis" button, which appears at the bottom of the screen once a basis is selected.
Step 4: Click on the CONTINUE button when you have finished assigning basis for all listed items.

* NOTE: Use these slightly different instructions only if either of these factual scenarios applies to your application:

If you have multiple classes of goods and/or services, and you are assigning a Section 1(a) basis to each of the classes, or using a different foreign application (under 44(d)) or foreign registration (under Section 44(e)) for each of the classes, you must assign the basis separately for each class; or

If you have a single class, but there are different dates of use (under Section 1(a)) or different foreign applications (under Section 44(d)) or foreign registrations (under Section 44(e)) for goods/services within the class, you must assign the basis separately for any entry having different data.

Step 1: Click the checkbox in front of each entry to which you do not want to assign the filing basis initially (because the entries are in different classes, or have different data), to "un-highlight" those entries. All remaining "highlighted" entries are now ready for assignment of the filing basis, at Step 2. Step 2: Click on the one appropriate filing basis button displayed beneath the listing of Goods and/or Services. Step 3: Complete all mandatory fields, where additional information is required (i.e., for Section 1(a), 44(d), or 44(e)). Step 4: Click on the "Assign Filing Basis" button, which appears at the bottom of the screen once a basis is selected. Step 5: Return to the list of goods/services, and click the checkbox(es) to highlight the next entry(ies) to which you will now assign the basis, and repeat Steps 2-4, above. Repeat process, as necessary, to assign basis for all listed items. Step 6: Click on the CONTINUE button when you have finished assigning the basis for all listed items. NOTE: You cannot provide different basis data within a single entry. E.g., if you enter the listing of goods as "Clothing, namely, pants, shirts," and you have different use dates for the pants and shirts, the identification as entered will not accommodate this. You must enter the items separately, with "pants" as one entry and "shirts" as a second entry, and then provide the specific data for each.

How to remove incorrect basis: If the wrong basis has been selected, click on the "Remove this [basis]" button before clicking on the "Assign Filing Basis" button, and return to Step 1, above, top. If you have already clicked on the "Assign Filing Basis" button, and the wrong basis now appears within the "Assigned Filing Basis(es) column, you must (1) Click on the listed basis link (i.e., either 1(a), 1(b), 44(d), or 44(e)); (2) Click on the displayed "Remove this [basis]" button; and (3) Return to Step 1, above, top. NOTE: If there are multiple entries, and you need to make the same change for all entries, you can click on the "Select all" box to highlight all entries at once, rather that clicking on each entry separately.

How to change data within a correctly assigned basis OR re-attach image files if now using a saved form: If the filing basis is correct, but either (1) changes must be made to information therein (for 1(a), 44(d), or 44(e)); or (2) image file(s) must be re-attached, because you are using a saved form and the attachments were not carried forward, due to browser security reasons (for a specimen under 1(a), or a foreign registration certificate under 44(e)), you must (1) Click on the listed basis link under the "Assigned Filing Basis(es)" column; (2) Enter data changes within the re-displayed basis information section, or re-attach the image file(s); and (3) Click on the "Assign Filing Basis" button after making all necessary changes. NOTE: If there are multiple entries, and you need to make the same change for all entries, you can click on the "Select all" box to highlight all entries at once, rather than clicking on each entry separately.

Examples for one class or multiple classes, with ONE filing basis for ALL listed items: Application has Class 025, with a filing basis of Section 1(b) for all goods (shirts, pants). Application has Classes 014 and 025, with a filing basis of Section 44(e) for all goods (jewelry in Class 14 and shirts, pants in Class 025)

Scenario 2: One class or multiple classes, with same multiple filing bases for ALL listed items in class(es): How to assign basis:

Step 1: Click on one of the 4 filing basis buttons displayed beneath the listing of Goods and/or Services, corresponding to the first appropriate basis to be assigned.* Step 2: Complete all mandatory fields, where additional information is required (i.e., for Section 1(a), 44(d), or 44(e)), but do NOT click on the "Assign Filing Basis" button when you have completed entering the basis information (or, after simply selecting Section 1(b), since no additional information is required for that basis). Step 3: Click on the correct basis button to assign the next filing basis (repeating Step 2, above, for that basis, if necessary). NOTE: You cannot select Section 1(b), Intent to Use, and Section 1(a), Actual use, for the same item. ** Step 4: Repeat this same process, if appropriate, to assign yet another basis. Step 5: Click on the "Assign Filing Basis" button at the bottom of the screen when you have finished selecting all bases, and having entered the mandatory information for each. Reminder, do not click on the "Assign Filing Basis" button until all bases have been selected, and all required information for each basis has been entered.*** Step 6: Click on the CONTINUE button when you have finished assigning the basis for all listed items.

* NOTE: Use these slightly different instructions only if either of these factual scenarios applies to your application:

If you have multiple classes of goods and/or services, and you are assigning a Section 1(a) basis to each of the classes, or using a different foreign application (under 44(d)) or foreign registration (under Section 44(e)) for each of the classes, you must assign the basis separately for each class; or

If you have a single class, but there are different dates of use (under Section 1(a)) or different foreign applications (under Section 44(d)) or foreign registrations (under Section 44(e)) for goods/services within the class, you must assign the basis separately for any entry having different data.

Step 1: Determine which of the 4 filing bases you wish to assign first, and click the checkbox in front of any entry to which you do not want to assign this filing basis initially (because the entries are in different classes, or have different data), to "un-highlight" those entries. All remaining "highlighted" entries are now ready for assignment of whatever initial filing basis you will select, at Step 2. Step 2: Click on the filing basis button displayed beneath the listing of Goods and/or Services. Step 3: Complete all mandatory fields, where additional information is required (i.e., for Section 1(a), 44(d), or 44(e)).NOTE: You cannot select Section 1(b), Intent to Use, and Section 1(a), Actual use, for the same item. ** Step 4: Repeat Steps 2 and 3 before continuing, if there are multiple foreign applications or registrations supporting an entry. Step 5: Click on the "Assign Filing Basis" button, which appears at the bottom of the screen once any basis is selected. Step 6: Return to the list of goods/services, and click the checkbox(es) for those entry(ies) to which you wish to apply a basis, to now highlight the entries; then, repeat Steps 2-4, above, but not Step 5. NOTE: To click all checkboxes, if appropriate, use the "Select all" feature. Step 7: Repeat this same process, if appropriate, to assign yet another basis. Step 8: Click on the "Add Filing Basis" button once you have entered the information for all bases. Do NOT click on the "Assign Filing Basis" button, because that will result in the complete substitution of the other basis(es), rather than the addition of the basis(es) to the existing entries in the "Assigned Filing Basis(es)" column. Step 9: Click on the CONTINUE button when you have finished assigning the basis for all listed items.

** Also, you cannot provide different basis data within a single entry. E.g., if you enter the listing of goods as "Clothing, namely, pants, shirts," and you have different use dates for the pants and shirts, the identification as entered will not accommodate this. You must enter the items separately, with "pants" as one entry and "shirts" as a second entry, and then provide the specific data for each.

*** If you do improperly click on the "Assign Filing Basis" button before selecting all appropriate bases, you must (1) Click on the "Select all" box to highlight all entries; (2) Click on the next basis button to be assigned (entering all required information, if appropriate); (3) Repeat the process to add yet another basis; and (4) Click on the "Add Filing Basis" button at the bottom of the screen, thereby adding to whatever basis(es) is already listed in the "Assigned Filing Basis(es)" column. NOTE: Clicking on the "Assign Filing Basis" button at this point in the process would remove entirely whatever basis(es) is already displayed in the "Assigned Filing Basis(es)" column, rather than adding the basis(es).

How to remove incorrect basis: If the wrong basis has been selected, click on the "Remove this [basis]" button before clicking on the "Assign Filing Basis" button, and return to Step 1, above, top. If you have already clicked on the "Assign Filing Basis: button, and the wrong basis now appears within the "Assigned Filing Basis(es)" column, you must (1) Click on the listed basis link (i.e., either 1(a), 1(b), 44(d), or 44(e)); (2) Click on the displayed "Remove this [basis]" button; and (3) Return to Step 1, above, top. NOTE: If there are multiple entries, and you need to make the same change for all entries, you can click on the "Select all" box to highlight all entries at once, rather that clicking on each entry separately.

How to change data within a correctly assigned basis OR re-attach image files if now using a saved form: If the filing basis is correct, but either (1) changes must be made to information therein (for 1(a), 44(d), or 44(e)); or (2) image file(s) must be re-attached, because you are using a saved form and the attachments were not carried forward, due to browser security reasons (for a specimen under 1(a), or a foreign registration certificate under 44(e)), you must (1) Click on the listed basis link under the "Assigned Filing Basis(es)" column; (2) Enter data changes within the re-displayed basis information section, or re-attach the image file(s); and (3) Click on the "Assign Filing Basis" button after making all necessary changes. NOTE: If there are multiple entries, and you need to make the same change for all entries, you can click on the "Select all" box to highlight all entries at once, rather than clicking on each entry separately.

Examples for one class or multiple classes, with same multiple filing bases for ALL listed items in class(es): Application has Class 025, with a filing basis of Section 1(a) AND 44(d) for all goods (shirts, pants). Application has Classes 014 and 025, with a filing basis of Section 1(b) and 44(e) for all goods (jewelry in Class 014 and shirts, pants, in Class 025). NOTE: Use in commerce (Section 1(a)) and intent to use (Section 1(b)) cannot be claimed for identical goods or services; Section 1(a) and Section 1(b) are mutually exclusive for identical listings.

Scenario 3: One class or multiple classes, with different filing basis(es) for different goods/services within the same class, and/or for different overall classes: NOTE: The steps listed below will also be appropriate if either of these factual scenarios applies to your application:

If you have multiple classes of goods and/or services, and you are assigning a Section 1(a) basis to each of the classes, or using a different foreign application (under 44(d)) or foreign registration (under Section 44(e)) for each of the classes, you must assign the basis separately for each class; or If you have a single class, but there are different dates of use (under Section 1(a)) or different foreign applications (under Section 44(d)) or foreign registrations (under Section 44(e)) for goods/services within the class, you must assign the basis separately for any entry having different data.

How to assign basis:

Step 1: Determine which of the 4 filing bases you wish to assign first, and click the checkbox in front of any entry to which you do not want to assign this filing basis initially (because the entries are in different classes, or have different data), to "un-highlight" those entries. All remaining "highlighted" entries are now ready for assignment of whatever initial filing basis you will select, at Step 2.
Step 2: Click on the filing basis button displayed beneath the listing of Goods and/or Services. Step 3: Complete all mandatory fields, where additional information is required (i.e., for Section 1(a), 44(d), or 44(e)). NOTE: You cannot select Section 1(b), Intent to Use, and Section 1(a), Actual use, for the same item.* Step 4: Repeat Steps 2 and 3 before continuing, if there are multiple foreign applications or registrations supporting an entry. Step 5: Click on the "Assign Filing Basis" button, which appears at the bottom of the screen once any basis is selected. Step 6: Return to the list of goods/services, and click the checkbox(es) for those entry(ies) to which you wish to apply a basis, to now highlight the entries; then, repeat Steps 2-5, above. Step 7: Repeat this same process, if appropriate, to assign yet another basis. Step 8: Click on the CONTINUE button when you have finished assigning the basis for all listed items.

* Also, you cannot provide different basis data within a single entry. E.g., if you enter the listing of goods as "Clothing, namely, pants, shirts," and you have different use dates for the pants and shirts, the identification as entered will not accommodate this. You must enter the items separately, with "pants" as one entry and "shirts" as a second entry, and then provide the specific data for each.

How to remove incorrect basis: If the wrong basis has been selected, click on the "Remove this [basis]" button before clicking on the "Assign Filing Basis" button, and return to Step 1, above, top. If you have already clicked on the "Assign Filing Basis" button, and the wrong basis now appears within the "Assigned Filing Basis(es)" column, you must (1) Click on the listed basis link (i.e., either 1(a), 1(b), 44(d), or 44(e)); (2) Click on the displayed "Remove this [basis]" button; and (3) Return to Step 1, above, top. NOTE: If there are multiple entries, and you need to make the same change for all entries, you can click on the "Select all" box to highlight all entries at once, rather that clicking on each entry separately.

How to change data within a correctly assigned basis OR re-attach image files if now using a saved form: If the filing basis is correct, but either (1) changes must be made to information therein (for 1(a), 44(d), or 44(e)); or (2) image file(s) must be re-attached, because you are using a saved form and the attachments were not carried forward, due to browser security reasons (for a specimen under 1(a), or a foreign registration certificate under 44(e)), you must (1) Click on the listed basis link under the "Assigned Filing Basis(es)" column; (2) Enter data changes within the re-displayed basis information section, or re-attach the image file(s); and (3) Click on the "Assign Filing Basis" button after making all necessary changes. NOTE: If there are multiple entries, and you need to make the same change for all entries, you can click on the "Select all" box to highlight all entries at once, rather than clicking on each entry separately.

Examples for one class or multiple classes, with different filing basis(es) for different goods/services within the same class, and/or for different overall classes :
Application has Class 025, with shirts under use in commerce (Section 1(a)) and pants under intent to use (Section 1(b)).
NOTE: This is permissible, because although the Section 1(a) basis and Section 1(b) basis are being applied to the same class, they are being applied to different items within the class.
Application has Class 014, with a filing basis of Section 1(a) for jewelry AND Class 025, with a filing basis of Section 1(b) for shirts, pants. NOTE: This is permissible, because the Section 1(a) and Section 1(b) bases are being applied to different classes.

Adding Goods/Services: If any desired item does not appear in the list displayed on this screen, click on the "Add Goods/Services by Searching IDManual" button. This will return you to the search portion of the form. NOTE: Your last previous search term will be displayed; simply delete the term and conduct a new search, and insert the new entries.

Removing Checked Goods/Services: To remove any item(s) from the overall goods/services list displayed on the "Basis for Filing" page, follow these instructions: Step 1: The specific item(s) to be removed must be "highlighted" on the screen. Therefore, as appropriate, either (1) click on the checkbox in front of any item to be kept in the list, to "un-highlight" the entry; or (2) click on the checkbox in front of any item that is not currently "highlighted", but is to be removed, in order to "highlight" the entry. Step 2: When all items to be removed are highlighted, click on the "Remove Checked Goods/Services" button. Step 3: To continue the assign filing basis process for all remaining entries, click on the "Select all" button (upper left corner of the list of goods/services), and all entries will again be highlighted.

International Class: Although named "international class," this application is only for protection in the United States; the word "international" is used only in the context of the worldwide classification system of which the USPTO is part. For information about international filings through the Madrid Protocol, click here.

Section 1(a), Use in Commerce:
Specimen Image File:
Attach at least one JPG image file showing the mark as used in commerce on or in connection with any item listed in the description of goods and/or services. This is not the same as the image of your actual mark by itself that was attached in the Mark Information section. Instead, in this section, you must show how you are actually using the mark in commerce. e.g., for goods, acceptable specimens would consist of scanned or digitally photographed tags, labels, instruction manuals, or containers that show the mark on the goods or packaging. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens for goods. Examples of acceptable service mark specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. If the goods and/or services are classified in more than one international class, one specimen must be provided showing the mark used on or in connection with at least one item from each of these classes.

To attach the specimen(s), click on the browse button to select the JPG image file which is stored on the applicant's local drive and that contains the specimen(s). While you can attach up to 50 image files, all must be in the .jpg format. The image may be in color or black-and-white; however, if color is being claimed as a feature of the mark, then the specimen must be in color.

IMPORTANT WARNING REGARDING RE-ATTACHMENT OF IMAGE FILES: Due to technical limitations within the browsers now available, and to simplify the process and prevent possible errors, where you are filing an application with a .jpg image file(s) attached these image files will NOT be available for viewing or printing an application that was previously saved. All image files must be re-attached to the application before final submission to the USPTO.

Describe what the specimen submitted consists of: Enter, e.g., "scanned/ digitally photographed tags or labels" or "scanned/digitally photographed instruction manuals; containers; point of purchase displays."

Date of First Use of Mark Anywhere: Enter the date (two digits each for both the month and day, and four digits for the year) on which the applicant first used the mark in commerce anywhere. If the date consists of only a month and year, or only a year, you must enter "00" in the appropriate spaces; e.g., 00/00/1989. Please note this date may be earlier than, or the same as, the date of the first use of the mark in commerce date; also, the entry is interpreted as "at least as early as . . . ." This use date may reflect use by the applicant, the applicant's related company, a licensee of applicant, or applicant's predecessor in interest.

Date of First Use of Mark in Commerce: Enter the date (two digits each for both the month and day, and four digits for the year) on which the applicant first used the mark in commerce that the U.S. Congress may regulate (i.e., interstate commerce; territorial commerce, e.g., with Guam or American Samoa; or commerce between the United States and a foreign country). If the date consists of only a month and year, or only a year, you must enter "00" in the appropriate spaces; e.g., 00/00/1989. The entry is interpreted as "at least as early as . . . ." This use date may reflect use by the applicant, the applicant's related company, a licensee of applicant, or applicant's predecessor in interest; however, current use must be being made at the time of the application by the applicant, the applicant's related company, or a licensee of applicant.

Section 44(d), Priority based on foreign filing, information: Country of Foreign Filing: Enter the country by clicking on the proper entry in the pull-down box.

Foreign Application Number: Enter the foreign application serial number, if available (i.e., this field is not mandatory under TEAS Plus). If possible, enter no more than 12 characters. Eliminate all spaces and non-alphanumeric characters. E.g., German application number 339 78 406.3/39 should be entered as 33978406339. Any characters beyond the 12th will not be picked up in the USPTO databases nor be printed in the USPTO's Official Gazette.

Filing Date of Foreign Application: Enter the date (two digits each for both the month and day, and four digits for the year) on which the foreign application was filed. To receive a priority in filing date, you must file the U.S. application within six (6) months of filing the first foreign application in a defined treaty country.

Section 44(e), Based on Foreign Registration, information: Country of Foreign Registration: Enter the country which issued the foreign registration, by clicking on the proper entry in the pull-down box.

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

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

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

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

Attach foreign registration/translation: You must attach a scanned image, as multiple .jpg image files, of the foreign registration certificate. A certified copy of the foreign registration is not required. If the foreign registration is not in English, you must also provide a translation of the foreign registration with the copy of the foreign registration. The translator should sign the translation, but need not swear to the translation. The foreign registration(s) must be in force at the time of filing of the U.S. application, and must be "live" at the time the United States issues the registration based on that foreign registration.

ATTORNEY INFORMATION SECTION

Correspondent Attorney Name: Enter the name of the attorney who is responsible for the filing of the application and to whom correspondence should be addressed. You may list more than one name in this field; however, correspondence will only be sent to the first listed name; also, once listed, all communication must be with this attorney, and not directly with the applicant.

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

Other Appointed Attorney(s): Enter the name(s) of any other attorney(s) authorized to prosecute the application; however, correspondence will only be sent to the attorney listed as the "correspondent attorney."

Street Address: Enter attorney's street address.

Internal Address: Enter the internal address; e.g. Suite 200, or Room 10G3

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

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

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

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

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

Phone Number: Enter the attorney's telephone number.

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

Internet/E-Mail Address: You must enter the attorney's e-mail address, if an attorney has been appointed for this application Reminder: For a TEAS Plus application, communication must be via e-mail. You must keep this e-mail address current; any up-date to the "paper" mailing address will not be sufficient.

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

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

DOMESTIC REPRESENTATIVE INFORMATION SECTION

The applicant may appoint a Domestic Representative if the applicant's address is outside the United States, although this is no longer required. The listing of a "domestic representative" constitutes applicant's representative upon whom notice or process in the proceedings affecting the mark may be served. The designation would serve the purpose of bringing a foreign party who takes advantage of the United States trademark registration system under the jurisdiction of the United States legal system. Any juristic entity may serve as a domestic representative.

Representative's Name: Enter the name of the domestic representative.

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

Internal Address: Enter the internal address; e.g. Suite 200, or Room 10G3

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

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

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

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

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

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

Internet/E-Mail Address: You must enter the domestic representative's e-mail address, if no attorney has been appointed for this application, but a domestic representative has been designated. Reminder: For a TEAS Plus application, communication must be via e-mail. You must keep this e-mail address current; any up-date to the "paper" mailing address will not be sufficient.

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

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

CORRESPONDENCE INFORMATION SECTION:

Name: The name of the official correspondent for this application. If an attorney has been appointed, the official correspondent will be the attorney. If no attorney has been appointed, but a domestic representative has been designated, then the official correspondent would be the domestic representative. Finally, if there is no attorney or domestic representative, then the owner of the mark (or, where appropriate, specific name of party to receive correspondence) will be the official correspondent. Reminder: The USPTO will never communicate directly with the applicant, where there is an appointed attorney or designated domestic representative.

Firm Name: The name of the company or firm for the address of the correspondent.

Street Address: The street address of the correspondent.

Internal Address: The internal address; e.g. Suite 200, or Room 10G3 of the correspondent.

City: The city of the address of the correspondent.

State: Enter the U.S. state or a foreign equivalent, e.g., a Canadian province.

Country: The country of the address of the correspondent.

Zip Code/Postal Code: The U.S. zip code or foreign postal identification code of the correspondent.

Phone Number: The phone number of the correspondent.

Fax Number: The fax number of the correspondent.

Internet E-mail Address: The e-mail address of the correspondent. Reminder: For a TEAS Plus application, communication must be via e-mail. The USPTO will only communicate with an appointed attorney, or if there is no appointed attorney, with a designated representative; or, in the absence of either an attorney or domestic representative, directly with the applicant. It is critical to maintain a current e-mail address; any up-date to the "paper" mailing address will not be sufficient

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

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

SIGNATURE INFORMATION SECTION

Signature Method: The appropriate person (i.e., (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) an attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the forward slash symbol (/) that the signatory has adopted as his or her "signature." (E.g., /rdr/ or /127/ or /jane smith/). Someone else on behalf of the proper signatory should not key this in. If there are joint or multiple applicants, or if it is corporate policy to have two or more officers sign the application for one applicant, each must sign and provide the relevant information.

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.

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 sign and date the application by affixing the "electronic signature," consisting of an arbitrary alpha-numeric combination placed between two forward slash symbols (e.g., /john smith/). The signed version automatically is returned to the original preparer, who can then complete the submission process to the USPTO.
NOTE: From the point of validation, you must get the application signed, returned, and filed to the USPTO within two weeks. Otherwise, you must complete the process again. You can, however, download and save the portable form (available from the Validation Page) indefinitely.

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.

Signature: The appropriate person (i.e., (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) an attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the forward slash symbol (/) that the signatory has adopted as his or her "signature." (E.g., /rdr/ or /127/ or /jane smith/). Someone else on behalf of the proper signatory should not key this in. If there are joint or multiple applicants, or if it is corporate policy to have two or more officers sign the application for one applicant, each must sign and provide the relevant information.

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

Signatory's Position: Enter the appropriate title or equivalent for the signatory's position, if applicable (e.g., "President," "General Partner," "duly authorized officer") or the relationship to the applicant (e.g., "Manager," "Trademark Administrator"). If an individual applicant signing on his or her own behalf, enter "Owner." If an attorney, enter "Attorney of record, [specify at least one state] bar member;" i.e., to help confirm that you are authorized to sign, you must enter the name of at least one state in which you have active bar membership. Please note that "state" includes the District of Columbia, Puerto Rico, and other federal territories and possessions.

Date Signed: The current date is populated automatically when the box is clicked, and this date cannot be altered.

Text Form:

NOTE: If you are completing the application yourself and will be signing the application, you do not need to use this option. Instead, select the first choice (the "default" setting of the form, for signing directly on the application. Simply complete the application and enter your signature directly within the posted form.
The "text form" is a narrative, paragraph-style version of the application information, absent any "tagged" data fields. It most closely resembles a traditional "Word/ WordPerfect" document, and is accessed from the Validation Screen once the application data is validated. The text form is designed to facilitate signature/date by another party, and no other data can be manipulated; i.e., the "web-based" form may be completed and validated, and then the resulting "text" form may be either
e-mailed to the proper signatory as a "hyperlink" (no "downloading" of a portable form is required). The signatory will sign and date the application by affixing the "electronic signature," consisting of an arbitrary alpha-numeric combination placed between two forward slash symbols (e.g., /john smith/). The signed version automatically is returned to the original preparer, who can then complete the submission process to the USPTO.
NOTE: From the point of validation, you must get the application signed, returned, and filed to the USPTO within two weeks. Otherwise, you must complete the process again. You can, however, download and save the portable form (available from the Validation Page) indefinitely.
(2) printed out and then mailed or faxed to the signatory, who will sign the form in the traditional "pen-and-ink" manner, and then mail or fax the signed form back to the preparer. The handwritten signed version should then be scanned and re-attached as a JPG image file (the only image format acceptable) to the original electronic application; the complete application can then be validated and filed electronically.
NOTE: In option 2, the original application must be saved using the Download Portable form button on the Validation Page.

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

Once data in an application is validated, you will have the options of (1) printing the application, in whole or in part; (2) going back and modifying the data in the application; (3) downloading and saving the application; and/or (4) submitting the application electronically for filing with the USPTO. If you choose to submit an application electronically for filing with the USPTO using the "Submit" button, an electronic receipt showing the information submitted will be returned to your designated e-mail address. This receipt will confirm that the USPTO has received the application.
NOTE: Within your actual session, you should also see a screen that says "SUCCESS! We have received your application and assigned serial number _________ to your submission." If you do not see this screen, then your submission did not reach the USPTO. An electronic receipt showing the information submitted should also be returned to your designated e-mail address. While this receipt serves as independent confirmation that the USPTO has received the application, the more important confirmation is that provided by the SUCCESS screen. I.e., non-receipt of the e-mail confirmation should not be interpreted as an indication that the USPTO did not receive the filing; instead, it may simply be the result of a problem with the e-mail address provided for this purpose, or the Internet in general at the time the USPTO attempts to send out the e-mail acknowledgement. Again, as long as the SUCCESS screen displays, the filer should not be unduly concerned should the separate e-mail confirmation not arrive.

IMPORTANT WARNING REGARDING RE-ATTACHMENT OF IMAGE FILES: Due to technical limitations within the browsers now available, and to simplify the process and prevent possible errors, where you are filing an application with a .jpg image file(s) attached these image files will NOT be available for viewing or printing an application that was previously saved. All image files must be re-attached to the application before final submission to the USPTO.

VALIDATION PAGE

Mark and Specimen appear huge: Both the Mark and Specimen images may appear huge when you review the images via the provided links, and you may not be able to print them in the proper dimensions directly from the accessed 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. For additional information, see link to additional help within the Mark Section of the form, under "properly-sized JPG image file."

IMPORTANT WARNING REGARDING RE-ATTACHMENT OF IMAGE FILES: Due to technical limitations within the browsers now available, and to simplify the process and prevent possible errors, where you are filing an application with a .jpg image file(s) attached these image files will NOT be available for viewing or printing an application that was previously saved. All image files must be re-attached to the application before final submission to the USPTO.

Download Portable Data:

To download and save the application data: (1) complete all the required application information; (2) press the "validate" button; (3) click the "Download Portable Data" button at the bottom of the Validation Page; (4) use the "File, Save As" feature of your web browser to save the form; (5) to re-access the saved form, open the front page of a "new" form, and use question #2 on the front page of the form, to insert the saved filed; and (6) when you are ready to submit the saved form, you must press the "validate" button again to re-access the Validation Page, to complete the process.