Trademark Help - TEASi - Attorney/Representative
May the applicant or holder appoint an attorney or representative?
The applicant or holder may appoint an attorney or representative to act on his behalf before the International Bureau (IB). This may or may not be the same representative whom he uses before the United States Patent and Trademark Office (USPTO). The IB will recognize only one representative in respect of a given international application or registration. Where a document in which a representative is appointed indicates the names of more than one representative, only the one indicated first will be considered to have been appointed. Where however a partnership or firm of attorneys or patent or trademark agents has been indicated, this will be regarded as a single representative. Where the requirements concerning the address of the representative are not fulfilled, the IB will treat the appointment as if it had not been made and will so inform the applicant or holder, the purported representative and, where the appointment has been transmitted by the USPTO, that Office. Where the appointment is not acceptable, the IB will send all relevant communications to the applicant or holder himself.
Trademark Help - TEASi - Basics
How do I fill out the TEASi forms?
Complete all fields for which information is known. Fields prefaced with an asterisk (*) are required fields for filing purposes and must be completed. Do not use your browser's "Back" or "Forward" buttons.
Instead, use the "< Previous" or "Next >" buttons at the bottom of each section of the form. As you navigate through the sections, each section is validated before the next section is displayed. If there are any errors, you must fix them before proceeding to the next section.
To save data already entered within a section, you must first click on "Next >" prior to using the "< Previous" button, should you wish to go back. Use the Pay/Submit button at the bottom of the Validation Page. After accessing the proper screen for payment and making the appropriate entries, you will receive a confirmation screen if your transmission was successful.
You will also receive an e-mail acknowledgement of your submission providing a summary of your filing. Please contact TEAS@uspto.gov within 24 hours of transmission (or by the next business day) if you do not receive this e-mail acknowledgement.
Do I have to download software?
No. All of the software remains on the USPTO website.
What is TEASi?
Trademark Electronic Application Submission International (TEASi) is an e-filing system that allows for the filing of the forms required under the Madrid Protocol to the United States Patent and Trademark Office (USPTO). The Madrid Protocol is an international treaty that establishes a framework for the international registration of trademarks. It allows a trademark owner to file for registration in any of the countries (called Contracting Parties) that have joined the Madrid Protocol by filing a single application, called an “international application” or “Madrid application.” The international application is based on an application or registration in the trademark owner’s own country (a basic application or basic registration). The International Bureau (IB) of the World Property Intellectual Organization (WIPO) administers the international trademark applications under the Madrid System for the International Registration of Marks (the Madrid System). TEASi allows USPTO customers to submit electronic forms for the filing of an application for international registration, subsequent designation, request for transformation, request to note replacement, and response to a notice of irregularity issued by the International Bureau of WIPO. TEASi can be accessed through the USPTO website at http://www.uspto.gov/trademarks/teas/teasi.jsp .
How do I save a TEASi form?
To save the form, click on the “Save Form” button at the bottom of the Validation Page. The system will send you an email at the address you provided with a subject line “Application for International Registration Saved.” The message will contain a link from which you can access the saved application at a later time.
Are there specific browser requirements?
To use this form successfully, please note the following requirements:
- You must use one of the following browsers: Internet Explorer 9+; FireFox 5+; Safari 5.1+; Google Chrome 13+. You can NOT use Netscape 4.x;
- Do NOT use your browser's "BACK" or "FORWARD" buttons at any time to navigate through any portion of this form. Always use the navigational tools provided specifically at the bottom of the form pages; and
- If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from TEAS@uspto.gov are not falsely identified as spam or junk.
What controls the filing date for a TEASi filing?
All forms filed via TEASi are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).
Trademark Help - TEASi - Contact Information
What should I do if I experience technical difficulties when using a TEASi form?
If you need help resolving technical glitches, you should e-mail TEAS@uspto.gov. The TEAS team is generally available Monday – Friday from 8 a.m. until 5 p.m. Eastern Time, except holidays, and will respond to your inquiry at the earliest opportunity.
What should I do if I have general questions about the Madrid Protocol?
For general information about the Madrid Protocol, please contact the Madrid Processing Unit at MPU@uspto.gov, or (571) 272-8910. Please include your telephone number in your e-mail or voicemail so we can talk to you directly, if necessary. MPU is generally available Monday - Friday from 8:30 a.m. until 5:00 p.m. Eastern Time, except holidays, and will respond to your inquiry at the earliest opportunity.
Trademark Help - TEASi - Exclusions And Limitations
Does a Limitation statement remove goods/services from an international application?
A limitation allows you to request protection of the mark in specifically designated Contracting Parties for less than all of the goods/services/classes that will be covered by the international registration. The applicant may request a limitation of the list of goods and/or services, which may affect some or all of the designated Contracting Parties. This does NOT remove the goods and/or services from the international application or affect their ability to be assigned in a subsequent designation. The sole effect is that the international registration does not extend a request for protection for those goods and/or services that are not identified in the limitation into the Contracting Parties identified in the application. The goods and/or services will still be examined by the International Bureau (IB), and, if accepted, published in the International Gazette as part of the international registration. They may be subsequently designated at any time after issuance of the international registration into any of the Contracting Parties.
Can a class previously excluded from an international application be re-added at a later time?
A new international application may be filed in the future to extend protection of the excluded class, so long as the U.S. basic application or registration is maintained.
An exclusion of the goods and/or services in a class removes the class from the international application. The USPTO does not send the goods and/or services information for the excluded class to the International Bureau (IB), and no subsequent designation of this class will be possible.
What is meant by “Total Limitation” of goods/services?
In a "total limitation," the entire list of goods and/or services for a particular class or classes is not extended into some or all designated Contracting Parties in the international application. The class or classes will remain part of the international registration and may be subsequently designated at a later time to any Contracting Party.
What is a “Partial Limitation” of goods/services?
A "partial limitation" is a narrowed list of goods and/or services for a particular class which are extended into some or all designated Contracting Parties in the international application. The listing of goods and/or services in a "partial limitation" is the only goods and/or services for which protection is being sought in the designated Contracting Parties.
Trademark Help - TEASi - Fees
What is the IB Account Number?
The number of a current account that has been opened with the International Bureau (IB).
What fees are associated with filing an International application for Registration?
In addition to the USPTO certification fees, there are fees that must be paid to WIPO. These WIPO fees payable in connection with the filing of an international application consist of: (1) the basic fee (WIPO's fee for processing the international application) and (2) either the complimentary fee(s) or the individual fee(s), depending on the Contracting Parties designated. An additional fee is required for the submission of any color image. The calculation can be determined from the WIPO fee calculator. The total is reflected in U.S. dollars, as converted from Swiss francs. See WIPO's website at http://www.wipo.int/madrid/en/fees/ for more details.
How is the USPTO certification fee calculated?
USPTO Certification Fee: If the international application is based on one basic application or one basic registration, the fee is $100 per class based on the total number of classes in the international application. Each class only counts once, even if that class is claimed multiple times for different Contracting Party countries within the international application. The fee is $150 per class, rather than $100 per class, when the international application is based on more than one U.S. basic application or registration. These fees are for filing the international application electronically. If the international application is filed on paper, the fees will be higher.
What is the Exchange Rate?
This is the rate being used to convert Swiss francs into U.S. dollars. This rate is obtained daily and populates the form to determine the amount due at the time of filing.
What is the account holder?
The full name of the holder of the current account that has been opened with the International Bureau (IB).
What is the payment reference number?
For a payment already submitted and acknowledged by WIPO, the specific payment reference number assigned to the submission.
What is the WIPO receipt number?
The number assigned by WIPO to confirm receipt of payment.
Trademark Help - TEASi - Goods/Services
Does the description of Goods and Services in an International Application have to be identical to the description of Goods and Services in the basic application/registration?
Enter the goods and/or services that are identical to or narrower than the goods and/or services identified in each claimed U.S. basic application or registration. For more information about acceptable language for the goods and/or services, see the USPTO's on-line U.S. Acceptable Identification of Goods and Services Manual (ID Manual), or WIPO's on-line Goods & Services Manager.
Trademark Help - TEASi - International Application FAQ's
How do I open an account at WIPO’s International Bureau?
To open a current account for the settlement of fees at WIPO's International Bureau (IB), you must file a signed request for the opening of the account, together with the payment of an initial deposit. The current accounts will be kept only in Swiss francs at the headquarters of WIPO in Geneva. An initial deposit of at least 5,000 Swiss francs (CHF) is recommended. For further information on establishing an account at WIPO, review the Current Account at WIPO's International Bureau page.
What are the filing requirements for an international application?
Under 37 C.F.R. §7.11(a), the United States Patent and Trademark Office (USPTO) will grant a date of receipt to an international application that is submitted through the Trademark Electronic Application System International (TEASi) and contains all of the following:
1. The filing date and serial number of the U.S. basic application and/or the registration date and registration number of the U.S. basic registration;
2. The name of the international applicant that is identical to the name of the applicant or registrant as it appears in the basic application or basic registration and applicant's current address;
3. A statement that the applicant is entitled to file an international application in the USPTO, specifying that applicant:
(i) is a national of the United States;
(ii) has a domicile in the United States; or
(iii) has a real and effective industrial or commercial establishment in the United States. Where an applicant's address is not in the United States, the applicant must provide the address of its U.S. domicile or establishment.
4. An e-mail address for receipt of correspondence from the USPTO.
5. A reproduction of the mark that is the same as the mark in the basic application and/or registration.
6. A color claim as detailed in § 7.12, if appropriate;
7. A description of the mark that is the same as the description of the mark in the basic application or registration, as appropriate;
8. An indication of the type of mark if the mark in the basic application and/or registration is: (1) a three-dimensional mark, (2) a sound mark, (3) a collective mark, or (4) a certification mark;
9. A list of the goods and/or services that is identical to or narrower than the list of goods and/or services in each claimed basic application or registration and classified according to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
10. Fees in the nature of: (1) the USPTO certification fee, (2) the international application fees for all classes, and (3) the fees for all designated Contracting Parties identified in the international application.
Will TEASi form work on mobile devices?
Yes, TEASi form works on all iOS, Android and Windows mobile devices.
What is the difference between the pre-populated form and the free-text form?
Pre-Populated Form: The pre-populated form will automatically display the exact information that is already in the USPTO database for one specific serial number of a U.S. basic application or a U.S. basic registration number. If you do not change any data fields, the USPTO will directly submit information that must be certified to WIPO's International Bureau (IB), without independent review of this data at the USPTO. Alternatively, this form may be used where certain data fields can be changed (e.g., either narrowing the scope of the identification of goods and/or services in the U.S. basic application or registration, and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database as a black-and-white image); however, if any data field is changed, an independent review of this data will occur by the USPTO's Madrid Processing Unit before the form will be forwarded to the IB.
Free-Text Form: The free-text form must be used if: (1) the application for international registration is being based on more than one serial number of a U.S. basic application or a U.S. basic registration number; (2) data is being changed in any way other than only narrowing the scope of the identification of goods and/or services in the U.S. basic application or registration and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database as a black-and-white image; or (3) the U.S. basic application being used as the basis is not yet loaded into the Office's database at the time of filing, e.g., immediately after a U.S. application was filed. Information on this form is not automatically certified, and will not be submitted directly to the IB. Instead, the form will be routed to the USPTO's Madrid Processing Unit for review. If all elements required for certification are supplied, the form will then be forwarded to the IB.
Trademark Help - TEASi - Mark Section
What kind of characters can I use in my standard character mark?
For entry of a mark at Option #1 in the Free-Text form, the entered character(s) must appear in the USPTO accepted standard character set. From the entry made, the USPTO will create a JPG image file of the mark, required for proper processing.
If using the Pre-Populated form, the mark is automatically populated into the form and cannot be changed.
When attaching my drawing image what is the proper size of the JPG/JPEG file? All black-and-white jpg images and color jpg images must be scanned at no less than 300 dots per inch and no more than 350 dots per inch, and with a length and width of no less than 250 pixels and no more than 944 pixels, e.g., a valid pixel dimension is 640 X 480 pixels. To ensure your image file meets these requirements, you can use a free graphic viewer, e.g., Irfanview. If you cut-and-paste an image into Irfanview, or open an image file using the program, select "Image" from the tool bar and "Information" from the drop-down choices to view the current DPI and pixel dimensions. If your image is not in the proper dimension, you can use Irfanview to change the DPI and pixel dimensions: 1) Select "Image" from the tool bar; 2) Select "Resize" from the drop-down choices; 3) Set the DPI to 300 - 350 and change the pixel dimension to within the accepted range of 250 X 944; 4) If the new image file looks acceptable to you in the new dimensions, save the image file, by selecting "File" from the tool bar and using the "Save As" feature to save the file as a JPG image. If the image is not clear, do not submit the image. Instead, seek the assistance of a graphic artist to create the properly-sized jpg file.
Can an application for International Registration contain fewer classes than what is listed in the basic application/registration?
Yes. The application for international registration can be limited to only those classes for which you want the international registration to cover. E.g., the basic application may contain 4 total classes but all designated Contracting Parties may be limited to only 3 of those classes.
When is a description of the mark required?
If the basic application or basic registration contains a description of the mark, the international application must contain the same description of the mark. If the mark is in color, you should list the portions of the mark that are in color and the corresponding color for each, e.g., "A bird with a blue body, a red head, and a yellow beak." Do not enter any USPTO design search codes or their descriptions in the mark description field, e.g., silhouettes of men is coded 02.01.02.
What are the requirements for submitting a black and white drawing?
The "ideal" "black-and-white" image would consist of only two colors, namely, black and white. Unfortunately, due to limitations within the existing JPEG format, that is impossible. Instead, the "best" possible image will be a grayscale image that is as close to black and white as possible. This grayscale image can be created by image editors that will save the image in 8-bit JPEG, which eliminates all color elements from the JPEG image. When scanning your image file, you should confirm that the settings on your scanner are set to create a black-and-white or grayscale JPEG, not a color image. If you submit a black-and-white or grayscale image that has colors associated with it, WIPO will reject the image and you will receive an irregularity on your application.
NOTE: The form will "reject" a "black-and-white" image that has colors associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined for color are not; you must submit an actual color image
How do I make sure my black and white drawing image is acceptable?
To decrease the color depth in an existing JPEG image to only grayscale (and as close to pure "black-and-white" as possible), you can use a free graphic viewer, e.g., Irfanview. If you copy-and-paste an image into Irfanview, you can decrease the color depth to two colors by following these steps: 1) Select "Image" from the tool bar; 2) Select "Decrease Color Depth" from the drop-down menu; 3) Select "2 colors, black and white;" 4) Click "ok;" 5) Confirm view of image as a pure black and white image; 6) Select "File" from the tool bar and select "Save As;" 7) Select "Save as grayscale JPEG" that appears in a popup window titled "JPEG/GIF save options"; 8) Save the image as a JPEG; and 9) Attach this image to your application as your proper black-and-white mark image. If you are not able to reproduce your mark as a pure black-and-white image, you should seek the assistance of a graphic artist.
NOTE: The form will "reject" a "black-and-white" image that has colors associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined for color are not; you must submit an actual color image
What are the requirements for a color mark?
Parts of the mark in color: List the portions of the mark that are in color and the corresponding color for each, e.g., "A bird with a blue body, a red head, and a yellow beak." This statement need not duplicate the mark description but must identify the principal parts of the mark that are in each color.
Color(s) in the mark: List here only the actual color(s) appearing within the mark. For example, a proper entry may consist of the single word "green," or multiple colors, such as "red, blue, and yellow." No other information should be provided.
Uploaded Color Image: If you have uploaded a color image, but do not wish to proceed with that color image, you must return to the Wizard page and answer "No" to Question #1. When you return to the Mark section, your original image from the USPTO database will then be displayed.
Will the (IB) check my Translation statement for accuracy?
Where the mark consists of or contains words that can be translated, such a translation may be provided. The translation may be into English and/or French and/or Spanish, irrespective of the language of the international application. The International Bureau (IB) will not check the accuracy of any translation of the mark, nor will it question the absence of a translation or provide a translation of its own.
What is a Transliteration statement?
Transliteration: Enter the transliteration of any non-Latin characters in the mark. A transliteration is the phonetic spelling, in corresponding Latin characters, of the word(s) in the mark that are in non-Latin characters. E.g., if the mark consists of the Chinese character that is pronounced "Chi," you would enter "Chi" in this field.
What is the Verbal Element of the mark?
Verbal Element: Enter the word(s) that appear within the overall composite mark (as shown in the JPG image file). E.g., if the mark consists of the design of a cat and the words THE CAT'S MEOW, you would enter in this field THE CAT'S MEOW. You would NOT enter "The design of a cat and THE CAT'S MEOW"- it is the actual image file that will show this.
Is a Disclaimer required for an International application?
A disclaimer is not required in the international application merely because it occurs in the basic application or is contained in the basic registration. You may enter the descriptive or generic wording found in the mark, for which no claim is being made to the exclusive right to use, apart from the mark as shown, in order to obviate a request for such a disclaimer by a designated Contracting Party.
Trademark Help - TEASi - Priority Claim Information
What are the goods and/or services listed in an earlier filing, for which priority is claimed?
If the country of earlier filing is the United States, click the "Retrieve GS" button to populate Class and goods/services data automatically. Otherwise, you must use the pull-down box to enter the number of classes you wish to add, and then click on the "Add Classes" button.
What are the dates of earlier filing?
Enter the filing date of the application that is the basis for the priority claim. NOTE: In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the six-month period from the claimed priority date is a day when the Office of origin is not open for the receipt of requests to present international applications, the six-month period will, where the international registration bears the date of the receipt by the Office of origin of the said request, be extended until the first following working day at the Office of origin; similarly, where the international registration bears the date of the receipt of the international application by the International Bureau (IB), or a subsequent date, and the last day of the six-month period is a day when the IB is not open to the public, the six-month period will be extended until the first following working day at the IB.
What is a priority claim?
An international applicant may assert a priority claim for a trademark application filed in another country, prior to the filing of the international application. If recognized by the International Bureau (IB), this claim may result in an international registration date that is earlier than the date of filing of the international application.
What happens when the last day of the six-month period from the claimed priority date is a date when the Office of origin is not open?
In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the six-month period from the claimed priority date is a day when the Office of origin is not open for the receipt of requests to present international applications, the six-month period will, where the international registration bears the date of the receipt by the Office of origin of the said request, be extended until the first following working day at the Office of origin; similarly, where the international registration bears the date of the receipt of the international application by the International Bureau (IB), or a subsequent date, and the last day of the six-month period is a day when the IB is not open to the public, the six-month period will be extended until the first following working day at the IB.