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Table of Contents
What is a trademark or service mark?
Trademark
Service mark
Do Trademarks, Copyrights and Patents protect the same things?
Should I register my mark?
Is registration of my mark required?
When can I use the trademark symbols TM, SM and ®?
What does the USPTO do?
How do I file a Trademark Application?
Is there a form for filing my application?
Are there other ways to file besides the Internet?
Must I hire an attorney?
Where Do I Start?
Types of Intellectual Property
Basic Information and Rules of the Road
Searching Trademarks
Identification of Goods and Services
Mark
Filing a Trademark Application
Web Sites of interest
What is a trademark or service mark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this page, the terms "trademark" and "mark" refer to both trademarks and service marks.
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Do Trademarks, Copyrights and Patents protect the same things?
No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention.
For copyright information, go to http://lcweb.loc.gov/copyright/.
For patent information, go to http://www.uspto.gov/main/patents.htm.
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Should I register my mark?
Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
constructive notice to the public of the registrant's claim of ownership of the mark;
a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
the ability to bring an action concerning the mark in federal court;
the use of the U.S registration as a basis to obtain registration in foreign countries; and
the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
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What does the USPTO do?
The United States Patent and Trademark Office (USPTO) reviews trademark applications for federal registration and determines whether an applicant meets the requirements for federal registration. We do not decide whether you have the right to use a mark (which differs from the right to register). Even without a registration, you may still use any mark adopted to identify the source of your goods and/or services. Once a registration issues, it is up to the owner of a mark to enforce its rights in the mark based on ownership of a federal registration.
USPTO employees will gladly answer questions about the application process. However, USPTO employees cannot:
conduct trademark searches for the public;
comment on the validity of registered marks;
answer questions on whether a particular mark or type of mark is eligible for trademark registration; or
offer legal advice or opinions about common law trademark rights, state registrations, or trademark infringement claims.
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How do I file a Trademark Application?
Is there a form for filing my application?
Yes. Using the Trademark Electronic Application System (TEAS) available at http://www.uspto.gov/teas/index.html, you can file your application directly over the Internet.
Features of electronic filing include:
On-line Help. Hyper-links provide help sections for each of the application fields.
Validation Function. Helps avoid the possible omission of important information.
Immediate Reply. The USPTO immediately issues an initial filing receipt via e-mail containing the assigned application serial number and a summary of the submission.
24 Hour Availability. TEAS is available 24 hours a day, 7 days a week (except 11 p.m. Saturday to 6 a.m. Sunday), so receipt of a filing date is possible up until midnight EST.
If you do not have Internet access, you can access TEAS at any Patent and Trademark Depository Library (PTDL) throughout the United States. Many public libraries also provide Internet access.
Are there other ways to file besides the Internet?
Yes. While we greatly prefer that you file electronically using TEAS, you may either mail or hand deliver a paper application to the USPTO. You can call the USPTO's automated telephone line at (800) 786-9199 to obtain a printed form. You may NOT submit an application by facsimile.
Our mailing address to file a new application is:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applications delivered by hand or courier should be taken to:
Trademark Assistance Center, James Madison Building
East Wing, Concourse Level,
600 Dulany Street, Alexandria, VA.
Must I hire an attorney?
No. However, if you prepare and submit your own application, you must comply with all requirements of the trademark statute and rules. If you choose to appoint an attorney to represent your interests before the USPTO, we will correspond only with your attorney. The USPTO cannot help you select an attorney.
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Where Do I Start?
There are several resources within the USPTO website. These include information as well as online capabilities for every stage of the registration process. In fact, you can conduct most of your trademark business with the USPTO online. Therefore, you should familiarize yourself with our site before you begin the trademark application process.
Types of Intellectual Property
The first step is to determine what type of intellectual property protection you need. There are three types of intellectual property: trademarks, patents, and copyrights. The Trademark Office of the USPTO handles trademarks only. For information on patents, please visit Patents or contact 800-786-9199. For information on copyrights, please contact the Copyright Office (a division of the Library of Congress).
Basic Information and Rules of the Road
Ok, so now you have determined that a trademark is what you need. Your second step should be to familiarize yourself with the general rules and requirements for applying for a trademark registration. To do so, go to Basic Facts About Trademarks booklet and the Frequently Asked Questions. You can look up legal terms as well as other terms relating to trademarks in our Glossary. For specific rules and regulations, please consult the Trademark Manual of Examining Procedure (TMEP).
Searching Trademarks
The next step is to search our database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark. You may conduct a search online for free via our TESS (Trademark Electronic Search System) database. If your mark includes a design element, you will need to search it by using a design code. To locate the proper design code(s), please consult the Design Search Code Manual.
You may also conduct a trademark search by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at the Public Search Facility - Madison East, 1st Floor; 600 Dulany St.; Alexandria, VA 22313. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library near you. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)
If your search yields a mark that you think might conflict with your mark, you should check its status via our TARR (Trademark Applications and Registrations Retrieval) database. You will need the serial number or registration number of a particular mark to access information on TARR.
Identification of Goods and Services
Now that you have chosen your mark and conducted a trademark search, you will need to draft a description of goods and/or services. A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services. The level of specificity depends on the type of goods and/or services. For examples of acceptable identifications, please consult the Acceptable Identification of Goods and Services Manual.
Mark
Another consideration is the depiction of your mark. Every application must include a clear representation of the mark you want to register. We use this representation to file the mark in the USPTO search records and to print the mark in the Official Gazette and on the registration certificate. There are two possible mark formats: (1) standard character format; or (2) stylized or design format. The standard character format should be used to register word(s), letter(s), number(s) or any combination thereof, without claim to any particular font style, size, or color, and absent any design element. Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation. The stylized or design format, on the other hand, is appropriate if you wish to register a mark with a design element or word(s) or letter(s) having a particular stylized appearance that you wish to protect. The two types of mark formats cannot be mixed in one mark; do not submit a representation of a mark that attempts to combine a standard character format and a stylized or design format.
Filing a Trademark Application
You may file your trademark application online using TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness, and then submit the application directly to the USPTO over the internet. You can pay by credit card, through an existing USPTO deposit account, or via electronic funds transfer.
You may also contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure, or a paper form. Paper forms are not processed as quickly as those submitted electronically, however.
NOTE: If you live in Northern Virginia or cannot use "800" numbers, the number is (571) 272-9250.
If you file an application online through TEAS, you will receive a summary of the filing by e-mail and your application will be assigned an immediate serial number. Otherwise, if you file a paper application by regular mail, please allow at least two to three (2-3) weeks to receive a filing receipt for your application. The filing receipt will include the serial number of the application.
All future correspondence with the USPTO must include this serial number. You should receive a response to your application from the USPTO within five to six months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.
You may monitor the progress of your application through the TARR database.
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Web Sites of Interest:
http://www.uspto.gov/web/trademarks/workflow/start.htm ..... TM, Whereto start
http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm Pat. Trd. Srv. Cpr.
http://www.uspto.gov/web/offices/tac/doc/basic/ .. Basic Facts About Trademarks
http://www.uspto.gov/teas/index.html Trademark Electronic Application System (TEAS)
http://tess2.uspto.gov/tmdb/tmep/ ..................... Trademark Manual of Examination
http://www.uspto.gov/web/offices/ac/ido/pssd/ .................. Public Search Facility
http://tarr.uspto.gov/ ......... Trademark Applications and Registrations Retrieval (TARR)
Disclaimer: TechNeer provides these links solely for the convenience of the TechNeer visitor. TechNeer does not endorse these companies' products nor the accuracy of any information presented on their web sites.
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