The USPTO does not control use and you can use in any manner you wish. However, if you register your mark in color, then the registration will specifically only support use in those colors. This is why the USPTO highlights that by filing in black-and-white, then the registration would support use in any colors; i.e., it provides broader protection.
How can I know for sure that my mark description is formatted correctly? For example, lets say its the letter O but it was a ring around it like the planet Saturn (I've checked the box claiming no color). How should I correctly word that without being rejected or fined?
That's a great question. The good news is that your mark description doesn't have to be perfect. Instead, you can make a good-faith attempt to describe the mark, similar to what you've done in your hypothetical example. If the examining attorney determines that the description needs to be tweaked, they'll let you know and will often suggest an appropriate fix. It's a common part of the examination process. The other good news is that you'll never be "fined" for something you do in your application. But you may be referring to what happens when you lose TEAS Plus status. In a TEAS Plus application, there are specific filing requirements that you must do your best to meet. If you skip one or enter information that is "inappropriate" for the filing requirement, your application may lose its TEAS Plus status and return to TEAS Standard status. TEAS Standard applications require an additional $100 per international class. Here's what the Trademark Manual of Examining Procedure (TMEP) says about it: "If the applicant makes a good-faith effort to describe the mark, no additional processing fee will be required if the description is later amended. See 37 C.F.R. §2.22(c). However, an additional processing fee will be required if the applicant enters completely inappropriate information in the "Description of the Mark" field." TMEP 819.01(k): tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-800d1e3199.html And you can learn more about the TEAS Plus requirements here: www.uspto.gov/trademarks/apply/form-teas-plus-application-trademark-or-service-mark
I didn't lay claim to any special font or anything like that my mark statement was this "MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size, or color." the name I have is pretty unique. so my like situation is i want to use this trademark name as brand name and logo with specialized font and color. instead of simply standardize font. for my clothing line t-shirt logo. specifically i want to use the style of the iconic box logo supreme font but in white font and black box. but im wondering if its needed for me to refile or not because my trademark would still protect my usage and claim to doing my trademark in different styles basically. the other thing i didn't fully pay in full for my trademark registration it saids i can pay later but im wondering why there is no method of paying later for me yet. im wondering f i have to wait till the examiner gets hands on my file or something?
The advantage of the standard character format is that you will be able to use the mark in any font/colors you want---and change at anytime---and the underlying registration would still support that. The standard character format gives flexibility. As far as the fee, you would have to provide more information. Did you file under TEAS Standard and had more than one international class but only paid for one class? That is the only scenario that allows for less than a full fee payment at the time of filing.
Hello, For a special form mark, that is a design without letters, how do you associate it with a name? For example, when searching for Mickey Mouse, there are standard character marks as well as special forms marks minus lettering. How does TESS know how to associate a mark without letters to a special form mark? I have not come across, or haven't noticed a field that prompts me to input a name for a mark that is without letters for searching and Identification. The Mickey Mouse mark, that is without "Mickey Mouse" in it's mark is serial number - 76587797 Although it still displays when searching TESS for Mickey Mouse. Thank you in advance for any help provided.
You're correct. There isn't a field tag that allows you to type in a word to see results that have pictures of the thing described in the word. For example, there isn't a way to type "mouse" and have TESS simply return pictures of mice. Instead, to search for a design mark without any wording in it, you use the [DC] field tag along with a six-digit design code. The [DC] stands for "design code." That search string tells TESS to look in the part of the database where trademarks that have design elements in them are listed. On the TESS home page, check out the "Structured" and "Free form" search options. In each of those boxes, you'll see a link to the Design Search Code Manual. Simply search the manual for the design elements you want to include in your search. A mouse, for example, is 030906. A costumed mouse is 030926. In TESS, you'd type 030906[DC] and 030926[DC] and that search string would display results that include costumed mice like Mickey Mouse. You can learn more about design code searching on the "Get ready to search" webpage: www.uspto.gov/trademarks/search/get-ready-search-classification-and-design.
If I register my mark in a specific color, can I use in different colors in my designs are only the color that has the register mark?
The USPTO does not control use and you can use in any manner you wish. However, if you register your mark in color, then the registration will specifically only support use in those colors. This is why the USPTO highlights that by filing in black-and-white, then the registration would support use in any colors; i.e., it provides broader protection.
How can I know for sure that my mark description is formatted correctly? For example, lets say its the letter O but it was a ring around it like the planet Saturn (I've checked the box claiming no color). How should I correctly word that without being rejected or fined?
That's a great question. The good news is that your mark description doesn't have to be perfect. Instead, you can make a good-faith attempt to describe the mark, similar to what you've done in your hypothetical example. If the examining attorney determines that the description needs to be tweaked, they'll let you know and will often suggest an appropriate fix. It's a common part of the examination process.
The other good news is that you'll never be "fined" for something you do in your application. But you may be referring to what happens when you lose TEAS Plus status. In a TEAS Plus application, there are specific filing requirements that you must do your best to meet. If you skip one or enter information that is "inappropriate" for the filing requirement, your application may lose its TEAS Plus status and return to TEAS Standard status. TEAS Standard applications require an additional $100 per international class.
Here's what the Trademark Manual of Examining Procedure (TMEP) says about it:
"If the applicant makes a good-faith effort to describe the mark, no additional processing fee will be required if the description is later amended. See 37 C.F.R. §2.22(c). However, an additional processing fee will be required if the applicant enters completely inappropriate information in the "Description of the Mark" field."
TMEP 819.01(k): tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-800d1e3199.html
And you can learn more about the TEAS Plus requirements here: www.uspto.gov/trademarks/apply/form-teas-plus-application-trademark-or-service-mark
@@USPTOvideo Thank you very much!
I didn't lay claim to any special font or anything like that my mark statement was this "MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size, or color." the name I have is pretty unique. so my like situation is i want to use this trademark name as brand name and logo with specialized font and color. instead of simply standardize font. for my clothing line t-shirt logo.
specifically i want to use the style of the iconic box logo supreme font but in white font and black box. but im wondering if its needed for me to refile or not because my trademark would still protect my usage and claim to doing my trademark in different styles basically.
the other thing i didn't fully pay in full for my trademark registration it saids i can pay later but im wondering why there is no method of paying later for me yet. im wondering f i have to wait till the examiner gets hands on my file or something?
The advantage of the standard character format is that you will be able to use the mark in any font/colors you want---and change at anytime---and the underlying registration would still support that. The standard character format gives flexibility. As far as the fee, you would have to provide more information. Did you file under TEAS Standard and had more than one international class but only paid for one class? That is the only scenario that allows for less than a full fee payment at the time of filing.
Hello, For a special form mark, that is a design without letters, how do you associate it with a name? For example, when searching for Mickey Mouse, there are standard character marks as well as special forms marks minus lettering. How does TESS know how to associate a mark without letters to a special form mark? I have not come across, or haven't noticed a field that prompts me to input a name for a mark that is without letters for searching and Identification. The Mickey Mouse mark, that is without "Mickey Mouse" in it's mark is serial number - 76587797 Although it still displays when searching TESS for Mickey Mouse. Thank you in advance for any help provided.
You're correct. There isn't a field tag that allows you to type in a word to see results that have pictures of the thing described in the word. For example, there isn't a way to type "mouse" and have TESS simply return pictures of mice.
Instead, to search for a design mark without any wording in it, you use the [DC] field tag along with a six-digit design code. The [DC] stands for "design code." That search string tells TESS to look in the part of the database where trademarks that have design elements in them are listed.
On the TESS home page, check out the "Structured" and "Free form" search options. In each of those boxes, you'll see a link to the Design Search Code Manual. Simply search the manual for the design elements you want to include in your search. A mouse, for example, is 030906. A costumed mouse is 030926. In TESS, you'd type 030906[DC] and 030926[DC] and that search string would display results that include costumed mice like Mickey Mouse.
You can learn more about design code searching on the "Get ready to search" webpage: www.uspto.gov/trademarks/search/get-ready-search-classification-and-design.
@@USPTOvideo Thank you!
Nice