In the step to add classes so when I search for leather the result show a lot of product belong to class 018 so do I need to select all of them or just select 1, if I selected 1 of them then can I sale all the product belong to class 018 or just the one that I slected?
In this section of the form, you're identifying the goods you use with your trademark (or have a bona fide intent to use with your trademark). So if you're not using your trademark with all the leather goods listed, you should not select them all. Instead, you should select only those goods with which you are using the mark (or have a bona fide intent to use the mark). For example, if you're using your mark with "leather wallets," only select "leather wallets." For more about goods and services, check out our "Goods and services" webpage: www.uspto.gov/trademarks/basics/goods-and-services. And for more about the difference between use and intent to use, check out our "Application filing basis" webpage: www.uspto.gov/trademarks/basics/application-filing-basis. As for your question about whether selecting one item in the class allows you to sell all the items listed in that class, please remember that we do not determine whether you have the right to sell a particular product. We determine whether you have the right to federally register a trademark. So if you federally register your trademark for "leather wallets," that means you have the exclusive right throughout the United States to use your trademark with "leather wallets." It does not have any effect on whether you can sell other goods or use your trademark with other goods. As a business owner, it's up to you to make those choices. For more about the effect of registration and the importance of listing the correct identification of goods and services in your application, check out our "Trademark scope of protection" webpage: www.uspto.gov/trademarks/basics/scope-protection.
This was very informative..,it’s a lot of info out there but confusing. Being a small business owner just starting out, hiring an attorney in this economy is impossible. Thanks for sharing… GOD Bless🙏🏽💖
You're welcome. We have lots of information on our website that you might find helpful. Check out: -Trademark basics: www.uspto.gov/trademarks/basics -Trademark basics boot camp: www.uspto.gov/about-us/events/trademark-basics-boot-camp And be sure to download our Trademark basics registration toolkit: www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf. Although hiring an attorney to represent you can be expensive, there are free and reduced-price legal services available. For example, over 60 law schools around the country have clinics that will represent clients for free. You can learn more about becoming a client and the eligibility requirements on our Law School Clinic website: www.uspto.gov/LawSchoolClinic. You can also learn about other free services and resources on these webpages: -Access our free services: www.uspto.gov/learning-and-resources/access-our-free-services -Hiring a U.S.-licensed attorney: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
@@USPTOvideo Wow! I didn’t know this…You just blew my mind…I’m gonna take my time this weekend and research and take notes on these websites…Again, Thanks 100x This is such a Blessing 🙏🏽💖
Happy to help. If you have questions after completing your research, you can also feel free to reach out to our Trademark Assistance Center (TAC). Our customer service reps can't provide legal advice, but they can answer general questions and provide you with additional resources. Check out the TAC webpage for phone number, email address, and availability: www.uspto.gov/TrademarkAssistance.
So if I use the Intent-to-use form to file, I'll need to show use at some point in order to be approved for the trademark. Got it. And gotta question: I gotta book with a term I wanna trademark this way, and if I can't trademark it in the book until I sell the book, by what means do I ever get the trademark onto the printed version that has already been printed and sold? or the ones in stock? Isn't that a catch-22? I can't get a registered trademark to put in my book with that phrase or term I am trademarking until I'm selling the book, but I can't sell the book without the registered trademark so I can show use without having to recall all the books I sold to add the trademark sign into it.
Thanks very much for this informative video. Im planning to apply for a trade mark for a newly developed dietary supplement. I would appreciate if you could clarify the following for me 1. Can we have joint ownership of a trademark with my friend as we are working on the project together? If yes, what is the process? 2. Do we have to be US citizens or legal presence in US is satisfactory? Thanks very much
Great questions. 1. Yes, you can have joint ownership of a trademark. If the two of you are developing the product together, but haven't formed a legal entity together (like a corporation or LLC), you're considered "joint applicants." When you're filling out the application, you fill out the owner page for you as an "individual," select "Add owner" at the bottom of the page, and your friend will fill out the second owner page as an "individual." To watch a quick video about how to do this, check out the "TEAS Nuts and Bolts: Application information" video: www.uspto.gov/trademarks/basics/teas-nuts-and-bolts-videos#heading-2. 2. You do not have be U.S. citizens to apply. And, if you're domiciled here in the United States, you do not have to be represented by a U.S.-licensed attorney in trademark matters before the USPTO either. Individuals domiciled outside the United States and its territories do. It doesn't sound like the attorney situation applies to you, but if you'd like to learn more about it or want to consider working with an experienced trademark attorney, check out our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney.
Hey good morning I need to know what do this mean I got an action respond letter I just need some advice it said I need three things 1 name of the Artis/ author refusal 2consent statement required refusal 3requirement for more information Thanks in advance
We can't give you legal advice but are happy to provide some additional details about the trademark registration process. The letter you received (called an "office action") is a fairly common part of the process and most applicants receive one at some point. It explains the issues currently preventing registration and provides an opportunity for you to overcome those issues. You overcome those issues by filing a "response to office action," including evidence and arguments that persuade the examining attorney assigned to your case to withdraw the refusal. You also include answers and information to fulfill any requirements highlighted by the examining attorney. Learn more on our "Responding to office actions" webpage: www.uspto.gov/trademarks/maintain/responding-office-actions. Here, it sounds like the examining attorney refused registration because, given the evidence of record, your trademark may simply indicate the name of a performing artist or author for various books or sound or video recordings. Remember, trademarks indicate the source of goods and services. So you'll need to provide evidence that the trademark indicates the source of a *series* of works, as well as evidence that the trademark is used as a source identifier. The office action typically includes information about how to overcome the refusal, but you can find additional information on our "Rockin' the trademark" webpage: www.uspto.gov/trademarks/laws/rockin-trademark. It's written with bands and musical artists in mind, but you may find the situation applies to you too. In particular, check out the section called "Can I register my name or stage name." It sounds like your trademark may include the name of a living individual, but the record doesn't include the consent of that person to register the name as a trademark. You can comply with the requirement by providing consent. Learn more on our "Name or likeness of a particular living individual in a trademark" webpage: www.uspto.gov/trademarks/laws/inquiry-regarding-nameportraitsignature-particular-living-individual-mark. And, lastly, simply answer the questions posed by the examining attorney to comply with the request for more information. If you still have lingering questions after reading and researching these issues, you can always reach out to the examining attorney. The attorney can't provide legal advice or tell you what to do but can certainly explain any of the finer points of the letter. And if you have general questions about the process or want to learn more, feel free to reach out to our Trademark Assistance Center and chat with one of our customer service representatives: www.uspto.gov/learning-and-resources/support-centers/trademark-assistance-center.
Great bunch of information at one place. I have a question if we apply today with only simple text word mark, can we add a special form design to the same word mark application later on? Second question if I have a registered trademark in lets say IC 011 and later on I want to add another goods which also come under IC011, can we add goods in the same class of same application or do we need to apply for new?
The answer to the first question is "no." You cannot add to, delete, or otherwise materially alter the trademark in your application. But you can file a brand new (additional) application to register the special form version of your mark if you'd like to apply to protect it. The answer to the second question is also "no." You cannot add additional goods or services to your application or registration. If you want to protect the mark for those additional goods, you'd need to file a new application that covers those goods.
This is golden! Thank you guys soooo much! If I’m submitting a mark with English pronunciation, but french spelling, do I need to fill out the “Additional Statement” section of the form? Ex: Using “PortobellEAUX” instead of “PortobellO”.
The additional statement section is used for providing an actual translation of a foreign word into English or a transliteration if the mark consists of, for example, Chinese characters. You do not provide any information about "pronunciation." Please note in that regard that, as a general rule, there is no "correct" pronunciation of a trademark. While you may wish a certain pronunciation, there is no actual control how the consuming public will end up pronouncing the word.
After working my way thru the trademark registration application process, I was told that the $350 trademark fee is per class of goods and not just for the trademark. In other words, if you want the trademark to apply for shirts, hats, mugs and books. The cost is $1,400 ($350 X 4).
You're correct that your filing fee is based on the number of international classes that appear in your application. It is not a flat fee per application. Additionally, it is not a flat fee per good or service listed in your application. Please note that, using your example, if your application includes shirts, hats, mugs, and books, it's only three classes, not four. Shirts and hats are in international class 25, mugs are in 21, and books are in 16. Your filing fee, then, would be the base fee times three. Also note that the $350 fee you used in your example is the TEAS Standard fee. The fee would be $1050 ($350x3). Instead, you could choose to file using TEAS Plus and pay a reduced filing fee of $250 per international class. The fee would be $750 ($250x3). Also remember that you are not required to include all of your goods in your application. If you only wanted to spend $250 now, you could apply for your trademark for just shirts and hats. Or just mugs. Or just books. At a later time, you could submit applications to cover the other goods you provide. To learn more about trademark filing fees, be sure to check out the "Trademark fee information" page and watch the included video: www.uspto.gov/trademarks/trademark-fee-information.
Thank so much for taking the time to answer our questions. I recently filed my SOU and received an email with this status “NOTICE OF ACCEPTANCE OF STATEMENT OF USE “. What does this mean? Does my application still need review or will it be registered? Not sure on the status. Thank you for your insight.
At this point, there's no additional review required and your trademark will move on to registration. We can't predict exactly when it will register, however, as supply chain issues have disrupted the typical timing of registrations being issued. We're finishing a two-week pause and registrations will begin to issue again starting on Tuesday, May 24. These will be electronic registration certificates. Learn more at www.uspto.gov/trademarks/laws/electronic-registration. You can keep up to date on the status of your application (and soon to be registration) by using TSDR: tsdr.uspto.gov/. Using your eight-digit serial number, you can check your status and download any documents in your file (including your new registration certificate).
Great video! I have a question, for example, if I wanted to trademark 123 City Podcast for my podcast and I also plan to use 123 City without the podcast attached to it, say a blog or social media handles, do I have to file another mark for 123 City? I hope that makes sense lol I am just trying to see what's best to file first 123 City Podcast or just 123 City?
That's a great question. We (the USPTO) can't provide legal advice, so can't tell you what to do, but here are a few things to help you decide: - Filing for federal registration of your trademark is a choice. You never *have* to file. It's up to you as the business owner. www.uspto.gov/trademarks/basics/why-register-your-trademark - You're not limited to one application. You can file multiple applications for the different versions of the trademark that you're using. That can get expensive, so may trademark owners choose to file for the version that gives them the broadest scope of protection. www.uspto.gov/trademarks/basics/trademark-examples - The broadest scope of protection typically involves registering the standard character format version of the trademark. www.uspto.gov/trademarks/basics/drawings-and-specimens - The addition of generic wording to a trademark (that is, wording that describes the product or service you provide) typically does not help the registrability of a trademark and many applicants choose to simply register the trademark without tacking the generic wording on the end. Consider, for example, the difference between COCA-COLA and COCA-COLA SOFT DRINK or NIKE and NIKE SHOES. Registration of a trademark alone (without generic wording attached) gives a business owner great flexibility over the life of the business as they begin to use their trademark with other products and services. Although we can't advise you which version to file, hopefully you can use this information to decide which choice is best for you. And always remember to conduct a clearance search before you file. It's important to check to see whether someone else has already filed or registered a trademark that is similar to yours and used with related goods and services. www.uspto.gov/trademarks/basics/why-search-similar-trademarks
You're welcome. And if you're interested in attending our free webinars about the trademark registration process, feel free to sign up for our Trademark Basics Boot Camp: www.uspto.gov/about-us/events/trademark-basics-boot-camp. The first session of this cycle is tomorrow (Tuesday, October 4) at 2 p.m. ET.
Great video! Very informative! I am slightly confused about the specifics of registering for a trademark in reference to a logo. A couple partners and I are in an LLP and are looking into registering for a trademark on our logo. That being said, much of our apparel and drinkware has our logo on them but, the logo is separated out onto the products. What I mean by that is our entire logo has both images and words that make it up, but the products we sell separate some of them from just having either the image or just having the words, which is the name of the company. Will this trademark give us protection for the entire logo or will the words and images need to be filled seperatly?
Registration would depend on how the mark(s) is/are actually being used. If used in the manner of an overall composite mark, that is wording combined with a design element, then the mark as displayed in the application could be in that manner. However, protection would be for that specific mark. That if, if you wanted protection for just the wording by itself, that would be one application, and the design element itself, that would be a separate application. So overall, you are potentially looking at three separate applications. So, it is really a business decision as to what would be most appropriate for you.
It depends on how you use your trademarks. If you only use the name and the logo together, you could submit one application. If you sometimes use the name by itself or sometimes use the logo by itself, you could submit two separate applications. That option provides protection for both the name as an individual trademark and the logo as an individual trademark. Many business owners choose to file separate applications in that way, as it provides them greater flexibility in protecting their trademarks. They have protection for the brand name alone, protection for the logo alone, and protection for those times when they use the name and the logo together. Ultimately, though, the choice is yours. Federal trademark registration is not required, so you could choose to apply to register the name, but not the logo. Or vice versa. Or file one now and the other later. Or file for all three (name, logo, combined name and logo) in three separate applications. It depends on what you want to protect, how much you want to spend on filing fees, and how you actually use your trademarks. The last part is important because you'll need to provide evidence of how you actually use your trademarks in commerce. This evidence is called a "specimen." If you jammed both your brand name and your logo together into one application, but you never actually use your name and logo together, you'd never be able to submit a specimen that shows how you use them together. The trademark in that application ultimately would be refused registration and you'd be out months of time and your filing fee.
It appears you might have also asked a question about a specimen for an ebook, but the question is not appearing in the comments, so we can't respond to it directly. We'll respond to it here. First, be aware that a title of an ebook may be refused registration if it is the title of a single creative work. That's because the title is not functioning as a trademark in that instance. It is not indicating the source of the goods (which is what a trademark does). It's only telling readers the name of the book. A title can be registered as a trademark, however, if it indicates the source of a *series* of creative works. For more information about this refusal, see the "Title of a single work" refusal webpage: www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal Second, with regard to properly identifying ebooks in an application, please note that "Downloadable electronic books in the field of {indicate subject matter}" are considered goods and are classified in International Class 9. Third, with regard to specimens, you would not need to attach full copies of the series of books. Instead, you could submit screenshots of the trademark being used on the covers of the electronic books themselves. Or a screenshot of a website where a person could purchase or download the books. In that case, note that the screenshot would need to show the trademark, a picture or description of the goods, and a means of immediately purchasing or downloading the goods (like a "buy" or "add to cart" type button). For more about specimens for downloadable or recorded digital goods, see TMEP 904.03(e): tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-900d1e741.html
@@USPTOvideo yikes! I do have a few more questions. 1. my logo is the title of my book and the book cover do I need to file one application or two? 2. For paperback books I do a screen shot of my book on the website with “buy now” button and a screenshot of it in the cart? so I need two screen shots correct?
If you are not a U.S. citizen, you can still apply to register your trademark. Whether you need an attorney to represent you, however, depends on your principal place of business or residence. If you are a foreign-domiciled trademark applicant, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States. If you are a trademark applicant domiciled in the United States or its territories, you do not need to be represented by an attorney, but we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process. For more information about this topic, including a definition of "foreign-domiciled," please see our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney.
This may be a little different but I manage a meditation center in Missouri -there is a new meditation center being created in Texas and they have taken our name as their name. Should I file a trademark to stop them from doing that? Does this make any sense?
Thanks for your question, but the USPTO is prohibited from providing legal advice. We can only provide general information about trademarks and the federal trademark registration process. You can learn more about trademarks on our "Trademark basics" webpage: www.uspto.gov/trademarks/basics. In particular, take a look at the "What is a trademark" webpage (www.uspto.gov/trademarks/basics/what-trademark) and the "Why register your trademark" webpage (www.uspto.gov/trademarks/basics/why-register-your-trademark). Those pages should help you understand more about what a trademark is and why you might want to consider federally registering one to protect it throughout the United States and its territories. If you're interested in legal advice, we recommend hiring an experienced trademark attorney to assist you. Although we cannot aid in the selection of an attorney, you can learn more about the benefits of hiring one on our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney. If you're concerned about the cost of hiring a lawyer, please note that the page also contains links to free and reduced-price legal services. Also be aware of the difference between hiring an attorney and working with a trademark filing firm that you find online. Only attorneys can provide legal advice. Learn more about the false claims perpetuated by some filing firms on our "Filing firms" webpage: www.uspto.gov/trademarks/protect/filing-firms.
I will be filing soon. However, I want to file for basic name of my company. I have a symbol I use although. The symbol is not trademarked and I don't want to trademark it. When asked for the sample, the symbol will show in the picture. What additional information, would I have to provide on the symbol ?
You're correct that when you apply to federally register a trademark with our office, you must provide evidence of how you're using that trademark in interstate commerce. This is called a "specimen of use." The examining attorney assigned to your case will examine the specimen to ensure that the mark (here, your business name) as it is used on the specimen matches the version of the trademark you submitted in your mark drawing. For example, if you applied to register your trademark in standard character format, the examining attorney will look to see that the specimen shows that same wording being used as a trademark to indicate the source of your identified goods and services. In general, the examining attorney is not concerned with other trademarks, information, or wording that appears on the specimen, so long as those things don't call in to question the legitimacy of the submitted specimen. The ultimate decision of acceptability, however, lies with the examining attorney assigned to your case and will be determined by what you submit in your application. If you'd like to learn more about drawings and specimens, check out our "Drawings and specimens" webpage: www.uspto.gov/trademarks/basics/drawings-and-specimens. And for in-depth information about specimens and to see examples of acceptable specimens, be sure to check out our "Specimens" webpage: www.uspto.gov/trademarks/laws/specimen-refusal-and-how-overcome-refusal.
I saw you were replying everyone and that’s really nice of you. I have one question. At starting when you told that we have to select the particular form of the individual who is doing registration so I have a question that I am not any attorney and also I am not registering the trademark for myself and I want to register the trademark for my client and I don’t own any company or firm as I am an individual person who knows the work of filing trademark so what should I select their in an option?
It is not who is "doing" the registration. It is the entity of the party that is going to OWN the registration, not the preparer. It is whatever entity status is of the client, not you. And please note that the rules regarding representation of others before the USPTO prohibit non-attorneys (with limited exceptions that do not appear relevant) from practicing before the Office in trademark and other non-patent matters. See 37 C.F.R. §11.14(b).
this video is great and I hope this information still applies. Question 1. can I apply for by logo in words and abbreviation if i plan to use both. EXAMPLE: Better Than Resistant and B.T.R. Is this 2 applications? Second question, If I plan to trademark the phrase for good like apparel (tops such as tee shirts & hoodies & jackets & baseball caps) as well as office items ( journals, notebooks, note pads, pens, pencils, coffee mugs ,online training materials) Do I simply list all of these items on the application or does my trademark of the phrase Better than Resistant need a separate application for these 2 separate classes of goods? thank you. just trying to determine if i need 1 trademark application or several for the merch.
It depends on whether you plan to use the phrase and the abbreviation together or whether you plan to use them separately. If you plan to use them together, you could file a single application for the combined phrase and abbreviation trademark and that lists all of the goods (even those in different classes). If you don't plan to ever use the phrase and the abbreviation together, you could file two separate applications: one for the phrase and one for the abbreviation. In each application, you could list all of the goods you intend to use with the trademark (even though the goods are in different classes). The distinction is important because, in order to register, you must provide evidence of how you are using your trademark in commerce. If you never use the phrase and abbreviation together but still submit a single application for the two together anyway, you'd never be able to provide the required evidence and your trademark would be refused registration. For more about this issue, check out our "Drawings and specimens" webpage: www.uspto.gov/trademarks/basics/drawings-and-specimens. You'll find lots of other great information on our "Trademark basics" page: www.uspto.gov/trademarks/basics.
Question for a class 25 trademark under goods and services for teas plus can is it a flat fee if I name hoodies, crewneck sweaters and tshirts. Or would I have to pay 275 for each one separately?
You can list them all in a single application. Your TEAS Plus filing fee would be $250 because all three of those items are in one international class: Class 25. You can learn more about classes and goods and services on our "Goods and services" webpage: www.uspto.gov/trademarks/basics/goods-and-services.
Sorry to hear that you're finding it frustrating. What in particular would you like to know? Is there a specific part of the signature section that's giving you trouble? Let us know what you need and we'll try and give you some helpful information.
When filing under class 25, do I have to list every clothing product I intend to sell to have trademark protection or does it only cover specific items? For example, I file for protection of t-shirts and branch out to sell hoodies and sweatpants as well, does the trademark extend or is it limited to what was on the application?
You only specifically have protection for the actual items listed. Please note that the list must be accurate. That is, you should only include those items for which you have a bona fide (good faith) intent to make use. And you cannot simply do a broad listing such as "clothing." Finally, note that ultimately if you expand to item(s) not listed, you would protection in the sense that the USPTO would not register a similar mark to another party for that clothing item, because you would already have a registration for goods that are considered to be related. But again, the most solid protection is where a registration certificate specifically list the item(s).
@@USPTOvideo is there any way to fix this? can things of the same class be added to the application after it has been submitted or would I have to start a new one and pay another filing fee?
No, unfortunately if you have already filed the application it is not possible to add any goods, even within the same class. If you specifically wanted other goods covered, then yes, it would require a brand new application, with another filing fee.
@@USPTOvideo Okay, thank you. One last question. If I were to sell products that have similar wording as a previous existing registration, but not an exact copy, would that be considered an infringement? For instance, the registration is "Elmo Is My Best Friend" and I print shirts that say "Elmo Is The Best Friend." Are there grounds for legal action?
Unfortunately, we cannot provide legal advice. A reminder that the USPTO has no role in possible infringement suits between two parties. Our role within the sphere of examination is to determine whether a likelihood of confusion exists, such that an application should be refused registration under the provision of the Trademark statute. We use a two-part test: (1) are the marks confusingly similar and (2) are the good and/or services somehow related such that consumers, upon encountering both marks in the marketplace, would mistakenly believe that the goods and/or services must be coming from the same source.
1. Is it more common for applicants to file a TEAS Plus trademark filing OR TEAS Standard trademark filing based on your guys' experiences? 2. And do you guys have a page or could you guys articulate acceptable examples/instances of using the trademark?
1. TEAS Plus. But make sure your identification of goods taken from the ID Manual is accurate. I.e., don't select something "close" just for purpose of filing under TEAS Plus. 2. You must be able to submit an acceptable specimen of use. We have a separate video on that: www.uspto.gov/trademarks/basics/trademark-information-network#heading-8
Yes. You can use the "Change address or representation" form to update your mailing address: www.uspto.gov/trademarks/apply/correspondence-and-attorneydomestic-representative. We will primarily communicate with you via email, however, so also make sure to keep your email address up to date.
As a Canadian Citizen filing independently (no attorney), with an address in Canada (no address in the U.S), can I apply for a Trademark (as well a Patent for that matter) with the USPTO? I did not fully follow Mathew's explanation of the video from 18:23 to 20:20 reagrding this matter. Perhaps Canada exempt (from needing a U.S address) via the intellectual property (IP) treaties and being a member state of the World Intellectual Property Organization (WIPO)? Trying to avoid the exorbitant expenses associated with filing using an attorney! In conclusion, if I am required to have a U.S address (to apply) any guidance how to obtain a Trademark (and Patent) without an attorney. Thanks kindly!
It is not that you must have a U.S. address to apply. It is that you must have a U.S.-licensed attorney represent you. Please see the information available at www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
When I file my intent to use app, while it’s still pending, can I begin using the intended mark as early as a month later? Or does a timeframe matter as long as at the time of filing I wasn’t using it yet? “Future use” isn’t specific about the time frame.
Great question! Yes, you can begin using your trademark whenever you're ready. The USPTO plays no role in *when* you start using your trademark. We're only concerned whether you have the right to federally register your trademark. To break that down, remember that there are two separate things going on: -Use of your trademark -Federal registration of your trademark You can have and use a trademark without ever registering it with the USPTO. If you want the additional nationwide rights created by federal registration, you can apply to register with our office, but that's your choice. www.uspto.gov/trademarks/basics/why-register-your-trademark Just remember that federal registration requires you to be using your trademark before it can move to registration. That means you can apply to register your trademark before you start using it, so long as you have a bona fide business intent to start using it within about 3-4 years. That's called an "intent-to-use" application. Then, once you start using your trademark, you can file an allegation of use with our office. That amends your application over to a "use in commerce" application, which is a requirement for registration. And aside from a short period of time later on in examination, that filing can happen at any time during the application process. So if you start using your trademark a month after you apply and want to submit your allegation of use then, that's totally fine. It's really your call. You can learn more about application filing bases on our website: www.uspto.gov/trademarks/basics/application-filing-basis And more specifics of the intent-to-use application requirements as well: www.uspto.gov/trademarks/apply/intent-use-itu-applications
Wow great content, can you tell me please the brand I planning to use is already being registered for a Chinese company it is for office stuff like desk and lamps and I planning to use for beauty products can I still use it? My brand is already printed on my product,, I’m so worry if I still can use it,, incredible that after I printed they just got it in uspto,,😞
Whether there is a potential problem is based on if there is a likelihood of confusion as to the source of the goods. The USPTO test consists of two prongs: (1) are the marks confusingly similar AND (2) are the goods somehow related, such that consumers encountering both marks in the marketplace would mistakenly believe that they came from the same source. Note that the USPTO does not control use. We only determine whether a mark is eligible to be registered. Even identical marks can co-exist where the goods simply are not related.
Yes, you must include a description of the mark. If the logo also includes wording, you must enter the literal element information in the form. There are specific fields for entering both the literal element(s) and the mark description. NOTE: A description of the mark is required for ALL marks that are in a special form or a sound/motion mark (i.e., for any mark not in standard characters). You must to enter a description even if what the mark represents is immediately clear, e.g., "the letter C." Also, for any color mark, the description of the mark must include the nature and location of the color; i.e., you must specifically state where each color is located within the mark, e.g., "a bird with a red body, blue wings, and yellow beak." NOTE: Do NOT include as part of the description either the words "The mark consists of" or a final period, because that introductory wording and the punctuation will automatically be added after validation; otherwise, the overall description will have improper repetitions. Also, begin the entry with a lower-case, NOT an upper-case, letter.
You may file as an individual, before an LLC is even formed. If later there is an LLC formed, and you wish the LLC to own the trademark, you can transfer ownership rights through a process known as an "assignment."
You must be able to list the actual owner of the mark---so if the non-profit hasn't been established yet that would be a problem, i.e., if you want the non-profit to be the owner. Otherwise, you would need to be listed as the owner and, at a later point, the rights could be assigned to the non-profit once established. See www.uspto.gov/trademarks/trademark-assignments-change-search-ownership
No, that is not correct. The fee levels in 2015 were $225, $275, or $325, depending on which version of the application form was used. There are no longer 3 versions, and the fee is either $250 for TEAS Plus or $350 for TEAS Standard.
I am a designer of a product which I introduced to the public in July of 2019. Last year sales really picked up, and now, nothing. I did some online research and it seems there are many, many people from the US and other countries who have either stolen photos from my online shop, my text and/or my title for said product. There are also counterfeits of my product out there now with them using my original and now existing title of said product. I would like to know if I apply and get approved for a trademark which is my company name and also title of said product, would I then be able to stop all of them from selling or pretending to sell my product? I did notice there was an area where you ask for proof of when the first sale was. May I include a sale recorded online with date for this?
The USPTO is not an enforcement agency. Indeed, were you able to obtain a U.S. registration, you would be able to attempt to enforce your registration rights in the United States, but not specifically in other countries. Please also note that there may be copyright issues involved as far as stolen photos and text. When we say "proof," what we are talking about is a specimen (sample) of use showing how the mark was actually being used in commerce, e.g., an uploaded digital image of a product label. We are not asking for an actual sales record.
Hello there I want to register a trademark using a LLC as owner, a "virtual office address" for "Mailing Address" and a "physical address" for "Domicile Address". Do I need to provide proof of address for the "Mailing Address" and "Domicile Address"? If yes, what documents are valid? Thanks!
You do not need to provide physical proof of your mailing address. In the TEAS form, simply provide a valid address that is capable of receiving physical mail. That might be a street address, a P.O. box, or a "care of" address. You do not need to provide physical proof of your domicile address either, unless there is a question as to whether the address is a valid address. If there is a question, you may need to provide documentation showing that the listed U.S. domicile address is the principal place of business of the LLC or, in the alternative, that the LLC does not have a fixed physical address, along with a detailed explanation of the circumstances. Remember, if you a foreign-domiciled trademark applicant, you must be represented by a U.S.-licensed attorney in all trademark matters before the USPTO. You can learn more on our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney. For more information about domicile addresses, please see the Trademark Manual of Examining Procedure Section 601.01(b): tmep.uspto.gov/RDMS/TMEP/current#/current/ch600_d3118e_230fc_3e4.html.
Not immediately. The Section 1(b) application allows you time to start using your trademark for all the goods and services you list in your application. If it takes a little time, that's OK. But eventually you will need to use your trademark for the listed goods in order to amend your application from 1(b) to Section 1(a) use in commerce. Although Section 1(b) allows you to file, you can't actually register until you amend your application to Section 1(a) and provide evidence of how you're using your trademark across state lines for the listed goods and services.
Is there any way to send a note to investigating attorney of USPTO about infringers so as to maybe speed up the process of my application? I understand this is out of the norm but I am in tears right now in fear of losing my product and the title of my product. No sales in 4 days which is very unusual for me. I also fear that if they see all of the other ads for MY item, they may think that I am the infringer. Do they investigate fully or could I be refused for this reason? I ask because I noticed they asked for date of when I started using my trademark and date of when I started using it in Commerce. Do they in fact look at this as I am in hopes that they do so no one else can own it.
No, there is no way to "informally" try to speed up examination. A reminder that the USPTO does not deal with "infringers" in any way. The only thing that the examining attorney is going to look at is the Trademark Register, to see if there is a confusingly similar mark used on or in connection with related goods or services that is either already registered or applied for earlier than your application. The examining attorney will not be looking at "ads" or do any other sort of investigation. So no, that could not be a basis for refusal. But at the end of the day, you will be responsible for enforcing your rights.
@@USPTOvideo Thank you so much for this! It takes a load off for me. I am fine with fighting my battles. I just would prefer to have the legal backing. Thank you again.
Hello, I just want to make sure I am filling it out correctly. "The owner of mark", I am able to put my business name there or do I put my name on that line?
We cannot provide legal advice, so unfortunately we cannot advise you on the proper identification for your goods and/or services. For legal advice, you may wish to speak to an experienced trademark attorney. For more information about hiring an attorney (including free and reduced-price legal services), see our “Hiring a U.S.-licensed attorney” webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney. You might also want to explore our Trademark ID Manual: idm-tmng.uspto.gov/id-master-list-public.html. The manual contains a listing of acceptable identifications of goods and services. Depending on the facts in your situation, you might want to search for terms like: books; online retail store services featuring books and creative writing; poem and lyric writing. For more information about goods and services, check out our “Goods and services” webpage: www.uspto.gov/trademarks/basics/goods-and-services.
I know that I can use a screenshot of my website as a specimen. I only want to trademark my business name, not the logo. For example, if my business name is Susie's Pink Shoes, but my logo on my website and products is Susie's (spelled out) and a picture of a pair of pink shoes, is that a valid specimen? The business name is spelled out in the website link and throughout the site as well.
We are not able to provide legal advice. The only thing we can say, in general, is to make sure that if seeking trademark protection that the wording is not merely used as a business name. It must be an actual source indicator for goods or services and not merely perceived as just being a business name.
Hello how are you. If my mark name is part of my logo with the design...does that count as one application or do i have to do a separate one for just the name. Thank you
If the name is integrated as part of the logo such that it is one overall composite mark, then it can be filed as one application. But if actually used separately, you can't try to take a shortcut and present together in the application. How the mark is used (or will be used, if filing under the intent to use basis) must be an identical match to how the mark is displayed in the application.
Sorry, we are only now seeing the follow-up question. No, you do not specifically identify what the font style is that has been used to create the wording appearing within the logo. We simply accept it as presented within the logo, without other clarifying information.
Is it possible to not put the number portion of an address for privacy reasons? As long as there is a valid email address, could the application pass just putting in the street name?
No, that is not going to be accepted---we would need a full address. Your only option for privacy concerns is to use a P.O. Box as a mailing address. You would then need to uncheck the box at "domicile address" in the form and provide the full domicile address---but that would then be hidden from public view.
When I tried to set up an account, the site told me that my e mail or password was incorrect. The e mail was the one the office used to reply to my inquiry and the password I had just created. Don't understand how it could be declared incorrect.
Please email TEAS@uspto.gov and let them know the specifics. That address handles all technical problems with our forms and will be the best resource to assist you.
What if our name is several words long (4) and then the logo is the abbreviation for those words? Are we to register the full title or the abbreviation?
It depends on what you are actually trying to protect. When you say "your name"---are you using that name as an actual trademark to identify the source of goods or services? Or are you only using the logo as the trademark?
Hello, if I need to close down the company that owns the trademark, what can I do if I want to use the same trademark for my other businesses, please? Or do you suggest registering the trademark under the individual name instead of the company names in this case, please? Thank you so much for the video!
Please note that you are potentially creating a problem for yourself under this scenario. If the registered trademark is still "live" in our database, if you would file a new application for the same mark used on or in connection with related goods and/or services under you individual name, the examining attorney would cite the existing registration as a bar to your new application, because it would appear there was a conflict. The examining attorney does not look behind the filing so make any connection that you are linked to both the registration and the new application. So the options are to do a formal filing wherein the registration is "surrendered" so it can be canceled or to file in same owner name. Reminder that this is only a problem if the goods/services are related. If the other business is something different than the original such that they would not be considered related, then the examining attorney would not take the action referenced above.
@@USPTOvideo Thank you so much for the reply. I do not have the trademark registered yet. I might register the trademark under my name instead of the company name then since I intended to close down the current company for some reason. I'd assume I can use the trademark for any other businesses in the future if it's registered under my individual name, correct? I am trying to understand it as English is not my first language. Thank you again and have a wonderful rest of your day!
Yes, we perhaps misunderstood when you stated that the company owns the trademark, thinking that you meant it was, in fact, a registered mark. So the previous information we provided could be ignored, since the USPTO database only consists of registrations (and applications), not marks that simply are in use. You are correct that you are eligible to file to seek registration under your name as an individual rather than a company name. If you have additional questions, please let us know. Thank you.
No, that is not correct. Regardless of whether you file TEAS Plus or TEAS Standard, the fee is on a per class basis. If you have goods or services falling in more than one class, then you must pay for each separate class listed within the application. There is no "flat fee."
Hello i made a global breach, by mistake in 2008. I only have the steps i done or the method i used to create the merging of technologies. I need a lot help with justify it by recreation of the signal..
Yes---but only in the specific sense that you would be filing a brand new application, with fee. What you may not do is simply try to amend the original application.
If I have a sole proprietorship DBA "my business name" would I choose "individual" and use my name or do I choose "corporation" and use the DBA name "my business name" and choose "sole proprietorship"? I believe I understood you to say that I would choose the DBA name as the owner but I'm confused on how I list that since it is a DBA. Would I put "my name DBA my business name" as the company or just "my business name" as the company? Thank you for any help...I'm lost.
It depends on how your business is legally organized. If your state offers a sole proprietorship as a legal entity and you filed paperwork with your state to organize as one, put the name of your sole proprietorship as as the "owner of the mark." In the entity section, select "sole proprietorship" and then fill in the state of organization, your personal name, and your citizenship. If your state does not offer a sole proprietorship as a legal entity, you can put your personal name as the "owner of the mark," check the DBA checkbox, and provide your DBA name in the fill-in text field. In the entity section, select "Individual" and provide your country of citizenship. If you formed a corporation, you simply put the corporation name as the owner of the mark. In the entity section, select "corporation" and provide the state of incorporation. Please note: if you have not legally formed a corporation, sole proprietorship, or other entity with your state, you should not select one of them as your entity. It is perfectly acceptable to own a trademark as an individual. If you later form a legal entity and want to transfer ownership of the trademark to that company, you can. You'd simply file an assignment with our office to let us know the change of ownership occurred.
@@USPTOvideo This is Texas. Filed as a Sole Proprietor and had to do a DBA of MY name DBA My business name. So again...I personally am DBA my business. Do I choose individual or corporation and put my business name. I feel like either would be acceptable since I fit in both categories. Sorry for not clarifying state earlier.
@@meagain076 The USPTO is not allowed to provide legal advice, so we can't specifically advise you on how to file. However, you raise an interesting question about which entity choice would be the most accurate for applicants in states in which formal organization of a sole proprietorship is not required: "Individual" or "Sole proprietorship." We're working to confirm some information before providing a more detailed response and will post a reply early next week. Please note, however, that the entity type you select should identify your actual entity type. Unless you filed papers of incorporation and actually formed a corporation, you are not considered a corporation. Same with an LLC. Same with a general or limited partnership. Thanks for your question. We'll get an answer for you as quickly as possible.
Thanks for your patience. While we can't provide legal advice, we can provide some general information. The correct choice is based on the law of your state (here, Texas). If Texas recognizes sole proprietorships as a business entity (even though the only thing you filed was your DBA), then you can select "Sole proprietorship" as your entity in the TEAS form. If Texas does not, you can select "Individual" as your entity and note your DBA. In either case, please understand that we can't tell you what your state requires or what the correct choice might be. Please also understand that we will trust that you have correctly identified yourself in the application. Unless there is an inconsistency in how you identify the entity in the TEAS form (for example, you put down your personal name as the owner of the trademark, but identify yourself as a corporation), we will assume that you have identified your entity correctly under the laws of your state.
Thanks for the question. Filing an application on paper is no longer an option, except in a very limited circumstance. (See the * below.) Instead, electronic filing is mandatory: www.uspto.gov/trademarks/laws/mandatory-electronic-filing To apply, you'll need to create a USPTO.gov account: account.uspto.gov/profile/create-account You'll also need to participate in a one-time identity verification process. Most people verify electronically, but you're welcome to user the paper-based option: www.uspto.gov/trademarks/apply/identity-verification Once you've created your account and are ready to apply, you might consider using the beta version of the filing system in Trademark Center. It's mobile-friendly and provides a more user-guided experience: www.uspto.gov/trademarks/apply/trademark-center * If you are a person or an entity who is a national of, or is organized under the laws of, a country that is a member of the Trademark Law Treaty (TLT) but is not a member of the Singapore Treaty on the Law of Trademarks (STLT) at the time of your submission to the USPTO, you can file your trademark submissions on paper and do not need to provide an owner email address. Please note that the United States is a member of both the TLT and the subsequent STLT, so brand owners domiciled in the United States do not qualify for the exception.
If you wish to change ownership, you must do the transfer through a process known as "assignment." See information at www.uspto.gov/trademarks/trademark-assignments-change-search-ownership
Can you apply for a trademark brand name you have been using in commerce for 10 years that someone just applied for in the last 30 days. Application is complete fraud from the fake attorney to the fake address in China.... Hoping you can answer this question for me. TIA!
For registration purposes, the United States is a first-to-file country. So if the application you reference consists of a similar mark used on or in connection with goods and/or services that are related to yours, that application would be cited as a prior pending application and would block your application. If it matured into a registration, then it would be the basis for a formal refusal under Section 2(d) of the statute, likelihood of confusion. It would not matter that you have used the mark for 10 years. While that establishes common law rights, it is not considered in the registration process.
@@USPTOvideo Thanks so much for the reply. So, what you are saying is the US is a "first to file" not a "first to use", correct? Also, this is an international company out of China applying for the mark in class 026 and I am 025, Clothing. Will this still block my application? Is there something I can do to oppose this application so I can apply for the trademark? Letter of Opposition? Request for Cancellation?
Yes. For more information about maintaining your trademark registration, watch the “Post-registration issues” video that is part of our Trademark Information Network (TMIN) video series: www.uspto.gov/trademarks-getting-started/process-overview/trademark-information-network#heading-12. TMIN is a news broadcast-style video series that explains the application and registration process, from beginning to end. You can also learn more by visiting our “Keeping your registration alive” webpage: www.uspto.gov/trademarks-maintaining-trademark-registration/keeping-your-registration-alive.
Good afternoon! I am currently in process of filing TEA Plus app for a Trademark regarding my business name and later a logo. I have chosen "Section 1b Intent to Use." However, it's being requested of me to, enter a "Serial Number". How can I do such, if I have not yet received a serial number or registration number due to application not yet being complete? Thank you in advance for your reply.
Where are you in the form that you are seeing an indication that you are to enter a serial number? Are you receiving an error message? Please clarify. Thank you.
Hello, I have filed a trademark under my company name but I used my domicile address as the mailing address instead of the company address. Is there going to be a denial in this case, please? Is USPTO going to check where exactly the company address is? I know my company is going to relocate this year, so I used my domicile address instead to receive mail or notice if any. Thanks very much again!
The specific reason for the USPTO's asking for the applicant's domicile address is to determine whether a U.S. licensed attorney is required to handle the application (if entity is not domiciled in the U.S., then one is). So assuming both you and your company are in the U.S., it should not be an issue that you used your personal address. Yes, the most important thing is that we would be able to contact you, although most everything is done electronically. However, if a registration certificate issues, that currently is sent via paper mail.
I have a that I want to use a phrase as my trademark should I patent the formula that's inside of the container I'll cut my trademark be enough protection because I was told that if someone want to knock off what I was doing they could with the help of chemist so could someone comment on that please thanks in advance !
I have a formula that's inside of a container and I want to use a phrase as my trademark do I have to have the formula Patton as wellbecause what was told to me is that with the help of chemists someone can knock off the product inside of the container so could someone replied back to me in regards to that thanks in advance sorry my first text did not come out clearly
My question is, That my LLC is not form yet its pending. I don't want to wait for it to be approve to then register the trademark under the LLC. So i want to register it, under induvial. I'm wondering if doing so would prevent me to use it for my LLC when its approve. like would any conflict is present. also how difficult would it be to transfer the trademark ownership to it.
You may apply as an individual. If later an LLC is formed and you wish the LLC to own the trademark, then you could transfer ownership through a process called "assignment." For more information, please see www.uspto.gov/trademarks/trademark-assignments-change-search-ownership
@@USPTOvideo I ended up filing as an individual, My LLC is pending still and i am waiting for my trademark approval. But i'm going to start now trying to get sales and stuff. and i geuss then I can file, Statement of use and provide evidence of it. Later on on all the id classes i chosen. That's my current game plan. -------- Also I encounter a very serious problem during the application process. On the "Validate" step just before the "Pay/Submit" Step. Also their was a problem when I was trying to figure out what "id classes" to choose. ---like I was trying to go to glossary like infomation of id classess, To find out more about them. Like i was trying to find the catalog or something like that. anyways THE POINT ----their is a dead link that could have provided infomation for me to help me on that step but i couldn't access that helpful infomation because the link was dead. You can see for yourself if you investigate the links on the step of the process where you have to choose id classess The 2nd problem was on the Validation step. Their is a Save button. But that button link is function very very very oddly. In my case when i clicked the button to save. in the chrome browser on my windows computer. the save button basically cause it to try to download something but that download was very very very weird. In my case my browser aimed to open something, that 3d.obj file. using windows 3d viewer and it was of a "bee" that was very frustrating. because i couldn't save my application. and that was the problem. I did not have enough money for the pay/submit step. I had to Seriously Run to a ATM to transfer money from one card to another. I couldn't transfer enough funds to one card to fully pay the fees. but when I ran back, i was lucky that my application didn't close on me. i had a 30 min timer set while i went out of my apartment unit to run to a atm and back. And I was lucky that i was able to pay the fee partially and can worry later about paying the rest later. I discovered it after the fact I really would like someone to investigate these matters that i discussed. I think its possibly due to everyone hiring an attorney to do their applications for them. That these issues was overlooked. Also another suggestion is, a more friendly updated guide for Id classes. but their probably is such a helpful guide, if that dead link was working.
Correct. Once there are actual sales of goods in interstate commerce that you could file an Amendment to Allege Use (if being done before approval and issuance of the Notice of Allowance (NOA) or the Statement of Use (if being filed after the NOA issues). It is the exact same form----just called by something different depending on the timing of the filing.
If im applying for a word mark that has the same name as my separate design mark application, do I have to pay for the goods and service for both if they are the exact same?
A word mark and a design mark require two separate applications, regardless of whether the word portion of the marks is the same. So yes, separate fees for the two applications.
@@USPTOvideoTwp more questions if you don't mind while I got ya here. Will I have to file separate applications to use different variations/layouts (including inverted colors and alternate positioning of the icon) in the over all logo? Also If I filed for a specific class, lets say class 025 that includes clothing and other stuff, but specified it being for t-shirts, can I still use all clothing items and other items listed in IC class 025?
If you file under the Section 1(a), use in commerce, basis, then yes, it is a one-time fee to apply to seek federal registration. A reminder that registration is not guaranteed and you do not receive a refund if ultimately the USPTO does not register your mark. If you file under Section 1(b), intent to use, there are additional fees when you do required filing to show you have started use or otherwise to request an extension of time to show such use. Your mark stays registered only if you timely file the required post-registration forms. That is, between the 5th and 6th years after registration, you must do another filing (with fee) showing that you are still using the mark in commerce. Between the 9th and 10th years, and every 10 years thereafter, you must show you are still using the mark and also request renewal. If you miss one of those deadlines, the USPTO will cancel the registration.
The current fee for the TEAS Plus filing option is $225 per class of goods/services and $275 per class for the TEAS Standard filing option. It goes to $250 and $350, respectively, on January 2.
Unfortunately, if the products fall in different classes, it means that the examining attorney must do more work to determine whether the application can move forward to registration. Therefore, that application has a higher filing fee, to cover all of the classes listed. If all of the products fall within class---and it doesn't matter the total number of products---then it is only one fee for the one class.
Please note that we are not able to provide legal advice nor assess the possible registrability of any trademark prior to the actual filing of an application.
@@USPTOvideo so pay 250 then find out i cannot trademark a business name and slogan ? And asking that question is a legal case and cant be addressed with a simple yes or no until after i lose 250? Ill google it
![[MV] A leap of faith...ความเชื่อใจครั้งสุดท้าย (From "Petrichor the series")](http://i.ytimg.com/vi/U1piZH2CNXA/mqdefault.jpg)
The fact this was uploaded on my birthday last year is A SIGN
In the step to add classes so when I search for leather the result show a lot of product belong to class 018 so do I need to select all of them or just select 1, if I selected 1 of them then can I sale all the product belong to class 018 or just the one that I slected?
In this section of the form, you're identifying the goods you use with your trademark (or have a bona fide intent to use with your trademark). So if you're not using your trademark with all the leather goods listed, you should not select them all. Instead, you should select only those goods with which you are using the mark (or have a bona fide intent to use the mark). For example, if you're using your mark with "leather wallets," only select "leather wallets."
For more about goods and services, check out our "Goods and services" webpage: www.uspto.gov/trademarks/basics/goods-and-services.
And for more about the difference between use and intent to use, check out our "Application filing basis" webpage: www.uspto.gov/trademarks/basics/application-filing-basis.
As for your question about whether selecting one item in the class allows you to sell all the items listed in that class, please remember that we do not determine whether you have the right to sell a particular product. We determine whether you have the right to federally register a trademark. So if you federally register your trademark for "leather wallets," that means you have the exclusive right throughout the United States to use your trademark with "leather wallets." It does not have any effect on whether you can sell other goods or use your trademark with other goods. As a business owner, it's up to you to make those choices.
For more about the effect of registration and the importance of listing the correct identification of goods and services in your application, check out our "Trademark scope of protection" webpage: www.uspto.gov/trademarks/basics/scope-protection.
This was very informative..,it’s a lot of info out there but confusing. Being a small business owner just starting out, hiring an attorney in this economy is impossible. Thanks for sharing…
GOD Bless🙏🏽💖
You're welcome. We have lots of information on our website that you might find helpful. Check out:
-Trademark basics: www.uspto.gov/trademarks/basics
-Trademark basics boot camp: www.uspto.gov/about-us/events/trademark-basics-boot-camp
And be sure to download our Trademark basics registration toolkit: www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf.
Although hiring an attorney to represent you can be expensive, there are free and reduced-price legal services available. For example, over 60 law schools around the country have clinics that will represent clients for free. You can learn more about becoming a client and the eligibility requirements on our Law School Clinic website: www.uspto.gov/LawSchoolClinic.
You can also learn about other free services and resources on these webpages:
-Access our free services: www.uspto.gov/learning-and-resources/access-our-free-services
-Hiring a U.S.-licensed attorney: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
@@USPTOvideo Wow! I didn’t know this…You just blew my mind…I’m gonna take my time this weekend and research and take notes on these websites…Again, Thanks 100x
This is such a Blessing 🙏🏽💖
Happy to help. If you have questions after completing your research, you can also feel free to reach out to our Trademark Assistance Center (TAC). Our customer service reps can't provide legal advice, but they can answer general questions and provide you with additional resources. Check out the TAC webpage for phone number, email address, and availability: www.uspto.gov/TrademarkAssistance.
@@USPTOvideo Will do…Thanks again!
This is very useful information for us start-ups. Thank you for putting this video out.
So if I use the Intent-to-use form to file, I'll need to show use at some point in order to be approved for the trademark. Got it. And gotta question: I gotta book with a term I wanna trademark this way, and if I can't trademark it in the book until I sell the book, by what means do I ever get the trademark onto the printed version that has already been printed and sold? or the ones in stock?
Isn't that a catch-22? I can't get a registered trademark to put in my book with that phrase or term I am trademarking until I'm selling the book, but I can't sell the book without the registered trademark so I can show use without having to recall all the books I sold to add the trademark sign into it.
Thanks very much for this informative video. Im planning to apply for a trade mark for a newly developed dietary supplement. I would appreciate if you could clarify the following for me
1. Can we have joint ownership of a trademark with my friend as we are working on the project together? If yes, what is the process?
2. Do we have to be US citizens or legal presence in US is satisfactory?
Thanks very much
Great questions.
1. Yes, you can have joint ownership of a trademark. If the two of you are developing the product together, but haven't formed a legal entity together (like a corporation or LLC), you're considered "joint applicants." When you're filling out the application, you fill out the owner page for you as an "individual," select "Add owner" at the bottom of the page, and your friend will fill out the second owner page as an "individual." To watch a quick video about how to do this, check out the "TEAS Nuts and Bolts: Application information" video: www.uspto.gov/trademarks/basics/teas-nuts-and-bolts-videos#heading-2.
2. You do not have be U.S. citizens to apply. And, if you're domiciled here in the United States, you do not have to be represented by a U.S.-licensed attorney in trademark matters before the USPTO either. Individuals domiciled outside the United States and its territories do. It doesn't sound like the attorney situation applies to you, but if you'd like to learn more about it or want to consider working with an experienced trademark attorney, check out our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney.
Hey good morning I need to know what do this mean I got an action respond letter I just need some advice it said I need three things 1 name of the Artis/ author refusal
2consent statement required refusal
3requirement for more information Thanks in advance
We can't give you legal advice but are happy to provide some additional details about the trademark registration process. The letter you received (called an "office action") is a fairly common part of the process and most applicants receive one at some point. It explains the issues currently preventing registration and provides an opportunity for you to overcome those issues.
You overcome those issues by filing a "response to office action," including evidence and arguments that persuade the examining attorney assigned to your case to withdraw the refusal. You also include answers and information to fulfill any requirements highlighted by the examining attorney. Learn more on our "Responding to office actions" webpage: www.uspto.gov/trademarks/maintain/responding-office-actions.
Here, it sounds like the examining attorney refused registration because, given the evidence of record, your trademark may simply indicate the name of a performing artist or author for various books or sound or video recordings. Remember, trademarks indicate the source of goods and services. So you'll need to provide evidence that the trademark indicates the source of a *series* of works, as well as evidence that the trademark is used as a source identifier. The office action typically includes information about how to overcome the refusal, but you can find additional information on our "Rockin' the trademark" webpage: www.uspto.gov/trademarks/laws/rockin-trademark. It's written with bands and musical artists in mind, but you may find the situation applies to you too. In particular, check out the section called "Can I register my name or stage name."
It sounds like your trademark may include the name of a living individual, but the record doesn't include the consent of that person to register the name as a trademark. You can comply with the requirement by providing consent. Learn more on our "Name or likeness of a particular living individual in a trademark" webpage: www.uspto.gov/trademarks/laws/inquiry-regarding-nameportraitsignature-particular-living-individual-mark.
And, lastly, simply answer the questions posed by the examining attorney to comply with the request for more information.
If you still have lingering questions after reading and researching these issues, you can always reach out to the examining attorney. The attorney can't provide legal advice or tell you what to do but can certainly explain any of the finer points of the letter.
And if you have general questions about the process or want to learn more, feel free to reach out to our Trademark Assistance Center and chat with one of our customer service representatives: www.uspto.gov/learning-and-resources/support-centers/trademark-assistance-center.
@@USPTOvideo thanks
Great bunch of information at one place. I have a question if we apply today with only simple text word mark, can we add a special form design to the same word mark application later on?
Second question if I have a registered trademark in lets say IC 011 and later on I want to add another goods which also come under IC011, can we add goods in the same class of same application or do we need to apply for new?
The answer to the first question is "no." You cannot add to, delete, or otherwise materially alter the trademark in your application. But you can file a brand new (additional) application to register the special form version of your mark if you'd like to apply to protect it.
The answer to the second question is also "no." You cannot add additional goods or services to your application or registration. If you want to protect the mark for those additional goods, you'd need to file a new application that covers those goods.
This is golden! Thank you guys soooo much! If I’m submitting a mark with English pronunciation, but french spelling, do I need to fill out the “Additional Statement” section of the form? Ex: Using “PortobellEAUX” instead of “PortobellO”.
The additional statement section is used for providing an actual translation of a foreign word into English or a transliteration if the mark consists of, for example, Chinese characters. You do not provide any information about "pronunciation." Please note in that regard that, as a general rule, there is no "correct" pronunciation of a trademark. While you may wish a certain pronunciation, there is no actual control how the consuming public will end up pronouncing the word.
@@USPTOvideo Thanks! Have an awesome day! 💃🏽💃🏽💃🏽.
After working my way thru the trademark registration application process, I was told that the $350 trademark fee is per class of goods and not just for the trademark. In other words, if you want the trademark to apply for shirts, hats, mugs and books. The cost is $1,400 ($350 X 4).
You're correct that your filing fee is based on the number of international classes that appear in your application. It is not a flat fee per application. Additionally, it is not a flat fee per good or service listed in your application.
Please note that, using your example, if your application includes shirts, hats, mugs, and books, it's only three classes, not four. Shirts and hats are in international class 25, mugs are in 21, and books are in 16. Your filing fee, then, would be the base fee times three.
Also note that the $350 fee you used in your example is the TEAS Standard fee. The fee would be $1050 ($350x3). Instead, you could choose to file using TEAS Plus and pay a reduced filing fee of $250 per international class. The fee would be $750 ($250x3).
Also remember that you are not required to include all of your goods in your application. If you only wanted to spend $250 now, you could apply for your trademark for just shirts and hats. Or just mugs. Or just books. At a later time, you could submit applications to cover the other goods you provide.
To learn more about trademark filing fees, be sure to check out the "Trademark fee information" page and watch the included video: www.uspto.gov/trademarks/trademark-fee-information.
Thank so much for taking the time to answer our questions. I recently filed my SOU and received an email with this status “NOTICE OF ACCEPTANCE OF STATEMENT OF USE “. What does this mean? Does my application still need review or will it be registered? Not sure on the status. Thank you for your insight.
At this point, there's no additional review required and your trademark will move on to registration.
We can't predict exactly when it will register, however, as supply chain issues have disrupted the typical timing of registrations being issued. We're finishing a two-week pause and registrations will begin to issue again starting on Tuesday, May 24.
These will be electronic registration certificates. Learn more at www.uspto.gov/trademarks/laws/electronic-registration.
You can keep up to date on the status of your application (and soon to be registration) by using TSDR: tsdr.uspto.gov/. Using your eight-digit serial number, you can check your status and download any documents in your file (including your new registration certificate).
@@USPTOvideo woohoo! Thank you, for your help!!
Great video! I have a question, for example, if I wanted to trademark 123 City Podcast for my podcast and I also plan to use 123 City without the podcast attached to it, say a blog or social media handles, do I have to file another mark for 123 City? I hope that makes sense lol I am just trying to see what's best to file first 123 City Podcast or just 123 City?
That's a great question. We (the USPTO) can't provide legal advice, so can't tell you what to do, but here are a few things to help you decide:
- Filing for federal registration of your trademark is a choice. You never *have* to file. It's up to you as the business owner. www.uspto.gov/trademarks/basics/why-register-your-trademark
- You're not limited to one application. You can file multiple applications for the different versions of the trademark that you're using. That can get expensive, so may trademark owners choose to file for the version that gives them the broadest scope of protection. www.uspto.gov/trademarks/basics/trademark-examples
- The broadest scope of protection typically involves registering the standard character format version of the trademark. www.uspto.gov/trademarks/basics/drawings-and-specimens
- The addition of generic wording to a trademark (that is, wording that describes the product or service you provide) typically does not help the registrability of a trademark and many applicants choose to simply register the trademark without tacking the generic wording on the end. Consider, for example, the difference between COCA-COLA and COCA-COLA SOFT DRINK or NIKE and NIKE SHOES. Registration of a trademark alone (without generic wording attached) gives a business owner great flexibility over the life of the business as they begin to use their trademark with other products and services.
Although we can't advise you which version to file, hopefully you can use this information to decide which choice is best for you. And always remember to conduct a clearance search before you file. It's important to check to see whether someone else has already filed or registered a trademark that is similar to yours and used with related goods and services. www.uspto.gov/trademarks/basics/why-search-similar-trademarks
@@USPTOvideo Thank you so much for the speedy reply and this helps out a lot. Thanks again.
You're welcome. And if you're interested in attending our free webinars about the trademark registration process, feel free to sign up for our Trademark Basics Boot Camp: www.uspto.gov/about-us/events/trademark-basics-boot-camp. The first session of this cycle is tomorrow (Tuesday, October 4) at 2 p.m. ET.
Great video! Very informative! I am slightly confused about the specifics of registering for a trademark in reference to a logo. A couple partners and I are in an LLP and are looking into registering for a trademark on our logo. That being said, much of our apparel and drinkware has our logo on them but, the logo is separated out onto the products. What I mean by that is our entire logo has both images and words that make it up, but the products we sell separate some of them from just having either the image or just having the words, which is the name of the company. Will this trademark give us protection for the entire logo or will the words and images need to be filled seperatly?
Registration would depend on how the mark(s) is/are actually being used. If used in the manner of an overall composite mark, that is wording combined with a design element, then the mark as displayed in the application could be in that manner. However, protection would be for that specific mark. That if, if you wanted protection for just the wording by itself, that would be one application, and the design element itself, that would be a separate application. So overall, you are potentially looking at three separate applications. So, it is really a business decision as to what would be most appropriate for you.
@usptovideo would I have to do 2 separate trademark applications for the name and logo/design?
It depends on how you use your trademarks. If you only use the name and the logo together, you could submit one application. If you sometimes use the name by itself or sometimes use the logo by itself, you could submit two separate applications. That option provides protection for both the name as an individual trademark and the logo as an individual trademark. Many business owners choose to file separate applications in that way, as it provides them greater flexibility in protecting their trademarks. They have protection for the brand name alone, protection for the logo alone, and protection for those times when they use the name and the logo together.
Ultimately, though, the choice is yours. Federal trademark registration is not required, so you could choose to apply to register the name, but not the logo. Or vice versa. Or file one now and the other later. Or file for all three (name, logo, combined name and logo) in three separate applications. It depends on what you want to protect, how much you want to spend on filing fees, and how you actually use your trademarks.
The last part is important because you'll need to provide evidence of how you actually use your trademarks in commerce. This evidence is called a "specimen." If you jammed both your brand name and your logo together into one application, but you never actually use your name and logo together, you'd never be able to submit a specimen that shows how you use them together. The trademark in that application ultimately would be refused registration and you'd be out months of time and your filing fee.
It appears you might have also asked a question about a specimen for an ebook, but the question is not appearing in the comments, so we can't respond to it directly. We'll respond to it here.
First, be aware that a title of an ebook may be refused registration if it is the title of a single creative work. That's because the title is not functioning as a trademark in that instance. It is not indicating the source of the goods (which is what a trademark does). It's only telling readers the name of the book. A title can be registered as a trademark, however, if it indicates the source of a *series* of creative works. For more information about this refusal, see the "Title of a single work" refusal webpage: www.uspto.gov/trademarks/laws/title-single-work-refusal-and-how-overcome-refusal
Second, with regard to properly identifying ebooks in an application, please note that "Downloadable electronic books in the field of {indicate subject matter}" are considered goods and are classified in International Class 9.
Third, with regard to specimens, you would not need to attach full copies of the series of books. Instead, you could submit screenshots of the trademark being used on the covers of the electronic books themselves. Or a screenshot of a website where a person could purchase or download the books. In that case, note that the screenshot would need to show the trademark, a picture or description of the goods, and a means of immediately purchasing or downloading the goods (like a "buy" or "add to cart" type button). For more about specimens for downloadable or recorded digital goods, see TMEP 904.03(e): tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-900d1e741.html
@@USPTOvideo thanks so very much!!! This really helps!!!!
@@WithFlyingColors Excellent! Great to hear it.
@@USPTOvideo yikes! I do have a few more questions.
1. my logo is the title of my book and the book cover do I need to file one application or two?
2. For paperback books I do a screen shot of my book on the website with “buy now” button and a screenshot of it in the cart? so I need two screen shots correct?
Should I need a lisenced attorney if I am non-us citizen?
If you are not a U.S. citizen, you can still apply to register your trademark. Whether you need an attorney to represent you, however, depends on your principal place of business or residence.
If you are a foreign-domiciled trademark applicant, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
If you are a trademark applicant domiciled in the United States or its territories, you do not need to be represented by an attorney, but we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.
For more information about this topic, including a definition of "foreign-domiciled," please see our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney.
This may be a little different but I manage a meditation center in Missouri -there is a new meditation center being created in Texas and they have taken our name as their name. Should I file a trademark to stop them from doing that? Does this make any sense?
Thanks for your question, but the USPTO is prohibited from providing legal advice. We can only provide general information about trademarks and the federal trademark registration process. You can learn more about trademarks on our "Trademark basics" webpage: www.uspto.gov/trademarks/basics.
In particular, take a look at the "What is a trademark" webpage (www.uspto.gov/trademarks/basics/what-trademark) and the "Why register your trademark" webpage (www.uspto.gov/trademarks/basics/why-register-your-trademark). Those pages should help you understand more about what a trademark is and why you might want to consider federally registering one to protect it throughout the United States and its territories.
If you're interested in legal advice, we recommend hiring an experienced trademark attorney to assist you. Although we cannot aid in the selection of an attorney, you can learn more about the benefits of hiring one on our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney. If you're concerned about the cost of hiring a lawyer, please note that the page also contains links to free and reduced-price legal services.
Also be aware of the difference between hiring an attorney and working with a trademark filing firm that you find online. Only attorneys can provide legal advice. Learn more about the false claims perpetuated by some filing firms on our "Filing firms" webpage: www.uspto.gov/trademarks/protect/filing-firms.
I will be filing soon. However, I want to file for basic name of my company. I have a symbol I use although. The symbol is not trademarked and I don't want to trademark it. When asked for the sample, the symbol will show in the picture. What additional information, would I have to provide on the symbol ?
You're correct that when you apply to federally register a trademark with our office, you must provide evidence of how you're using that trademark in interstate commerce. This is called a "specimen of use." The examining attorney assigned to your case will examine the specimen to ensure that the mark (here, your business name) as it is used on the specimen matches the version of the trademark you submitted in your mark drawing. For example, if you applied to register your trademark in standard character format, the examining attorney will look to see that the specimen shows that same wording being used as a trademark to indicate the source of your identified goods and services.
In general, the examining attorney is not concerned with other trademarks, information, or wording that appears on the specimen, so long as those things don't call in to question the legitimacy of the submitted specimen. The ultimate decision of acceptability, however, lies with the examining attorney assigned to your case and will be determined by what you submit in your application.
If you'd like to learn more about drawings and specimens, check out our "Drawings and specimens" webpage: www.uspto.gov/trademarks/basics/drawings-and-specimens.
And for in-depth information about specimens and to see examples of acceptable specimens, be sure to check out our "Specimens" webpage: www.uspto.gov/trademarks/laws/specimen-refusal-and-how-overcome-refusal.
I saw you were replying everyone and that’s really nice of you. I have one question. At starting when you told that we have to select the particular form of the individual who is doing registration so I have a question that I am not any attorney and also I am not registering the trademark for myself and I want to register the trademark for my client and I don’t own any company or firm as I am an individual person who knows the work of filing trademark so what should I select their in an option?
It is not who is "doing" the registration. It is the entity of the party that is going to OWN the registration, not the preparer. It is whatever entity status is of the client, not you. And please note that the rules regarding representation of others before the USPTO prohibit non-attorneys (with limited exceptions that do not appear relevant) from practicing before the Office in trademark and other non-patent matters. See 37 C.F.R. §11.14(b).
this video is great and I hope this information still applies. Question 1. can I apply for by logo in words and abbreviation if i plan to use both. EXAMPLE: Better Than Resistant and B.T.R. Is this 2 applications? Second question, If I plan to trademark the phrase for good like apparel (tops such as tee shirts & hoodies & jackets & baseball caps) as well as office items ( journals, notebooks, note pads, pens, pencils, coffee mugs ,online training materials) Do I simply list all of these items on the application or does my trademark of the phrase Better than Resistant need a separate application for these 2 separate classes of goods? thank you. just trying to determine if i need 1 trademark application or several for the merch.
It depends on whether you plan to use the phrase and the abbreviation together or whether you plan to use them separately.
If you plan to use them together, you could file a single application for the combined phrase and abbreviation trademark and that lists all of the goods (even those in different classes).
If you don't plan to ever use the phrase and the abbreviation together, you could file two separate applications: one for the phrase and one for the abbreviation. In each application, you could list all of the goods you intend to use with the trademark (even though the goods are in different classes).
The distinction is important because, in order to register, you must provide evidence of how you are using your trademark in commerce. If you never use the phrase and abbreviation together but still submit a single application for the two together anyway, you'd never be able to provide the required evidence and your trademark would be refused registration.
For more about this issue, check out our "Drawings and specimens" webpage: www.uspto.gov/trademarks/basics/drawings-and-specimens.
You'll find lots of other great information on our "Trademark basics" page: www.uspto.gov/trademarks/basics.
Question for a class 25 trademark under goods and services for teas plus can is it a flat fee if I name hoodies, crewneck sweaters and tshirts. Or would I have to pay 275 for each one separately?
Can I file one application and specifically name hoodies,crewneck and tshirt under the application or would I have to file 3 seperate applications?
You can list them all in a single application. Your TEAS Plus filing fee would be $250 because all three of those items are in one international class: Class 25. You can learn more about classes and goods and services on our "Goods and services" webpage: www.uspto.gov/trademarks/basics/goods-and-services.
No info on the signortory🙄🤦♀️
Jesus no one online is explaining this part. So frustrating 😫
Sorry to hear that you're finding it frustrating. What in particular would you like to know? Is there a specific part of the signature section that's giving you trouble? Let us know what you need and we'll try and give you some helpful information.
When filing under class 25, do I have to list every clothing product I intend to sell to have trademark protection or does it only cover specific items? For example, I file for protection of t-shirts and branch out to sell hoodies and sweatpants as well, does the trademark extend or is it limited to what was on the application?
You only specifically have protection for the actual items listed. Please note that the list must be accurate. That is, you should only include those items for which you have a bona fide (good faith) intent to make use. And you cannot simply do a broad listing such as "clothing." Finally, note that ultimately if you expand to item(s) not listed, you would protection in the sense that the USPTO would not register a similar mark to another party for that clothing item, because you would already have a registration for goods that are considered to be related. But again, the most solid protection is where a registration certificate specifically list the item(s).
@@USPTOvideo is there any way to fix this? can things of the same class be added to the application after it has been submitted or would I have to start a new one and pay another filing fee?
No, unfortunately if you have already filed the application it is not possible to add any goods, even within the same class. If you specifically wanted other goods covered, then yes, it would require a brand new application, with another filing fee.
@@USPTOvideo Okay, thank you. One last question. If I were to sell products that have similar wording as a previous existing registration, but not an exact copy, would that be considered an infringement? For instance, the registration is "Elmo Is My Best Friend" and I print shirts that say "Elmo Is The Best Friend." Are there grounds for legal action?
Unfortunately, we cannot provide legal advice. A reminder that the USPTO has no role in possible infringement suits between two parties. Our role within the sphere of examination is to determine whether a likelihood of confusion exists, such that an application should be refused registration under the provision of the Trademark statute. We use a two-part test: (1) are the marks confusingly similar and (2) are the good and/or services somehow related such that consumers, upon encountering both marks in the marketplace, would mistakenly believe that the goods and/or services must be coming from the same source.
1. Is it more common for applicants to file a TEAS Plus trademark filing OR TEAS Standard trademark filing based on your guys' experiences?
2. And do you guys have a page or could you guys articulate acceptable examples/instances of using the trademark?
1. TEAS Plus. But make sure your identification of goods taken from the ID Manual is accurate. I.e., don't select something "close" just for purpose of filing under TEAS Plus.
2. You must be able to submit an acceptable specimen of use. We have a separate video on that:
www.uspto.gov/trademarks/basics/trademark-information-network#heading-8
Hello I have a question . If I’m in the military and I move around a lot am I able to change my address everytime or no?
Yes. You can use the "Change address or representation" form to update your mailing address: www.uspto.gov/trademarks/apply/correspondence-and-attorneydomestic-representative.
We will primarily communicate with you via email, however, so also make sure to keep your email address up to date.
As a Canadian Citizen filing independently (no attorney), with an address in Canada (no address in the U.S), can I apply for a Trademark (as well a Patent for that matter) with the USPTO? I did not fully follow Mathew's explanation of the video from 18:23 to 20:20 reagrding this matter. Perhaps Canada exempt (from needing a U.S address) via the intellectual property (IP) treaties and being a member state of the World Intellectual Property Organization (WIPO)? Trying to avoid the exorbitant expenses associated with filing using an attorney! In conclusion, if I am required to have a U.S address (to apply) any guidance how to obtain a Trademark (and Patent) without an attorney. Thanks kindly!
It is not that you must have a U.S. address to apply. It is that you must have a U.S.-licensed attorney represent you. Please see the information available at www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
When I file my intent to use app, while it’s still pending, can I begin using the intended mark as early as a month later? Or does a timeframe matter as long as at the time of filing I wasn’t using it yet? “Future use” isn’t specific about the time frame.
Great question! Yes, you can begin using your trademark whenever you're ready. The USPTO plays no role in *when* you start using your trademark. We're only concerned whether you have the right to federally register your trademark.
To break that down, remember that there are two separate things going on:
-Use of your trademark
-Federal registration of your trademark
You can have and use a trademark without ever registering it with the USPTO. If you want the additional nationwide rights created by federal registration, you can apply to register with our office, but that's your choice. www.uspto.gov/trademarks/basics/why-register-your-trademark
Just remember that federal registration requires you to be using your trademark before it can move to registration.
That means you can apply to register your trademark before you start using it, so long as you have a bona fide business intent to start using it within about 3-4 years. That's called an "intent-to-use" application.
Then, once you start using your trademark, you can file an allegation of use with our office. That amends your application over to a "use in commerce" application, which is a requirement for registration. And aside from a short period of time later on in examination, that filing can happen at any time during the application process. So if you start using your trademark a month after you apply and want to submit your allegation of use then, that's totally fine. It's really your call.
You can learn more about application filing bases on our website: www.uspto.gov/trademarks/basics/application-filing-basis
And more specifics of the intent-to-use application requirements as well: www.uspto.gov/trademarks/apply/intent-use-itu-applications
Thank you!
Wow great content, can you tell me please the brand I planning to use is already being registered for a Chinese company it is for office stuff like desk and lamps and I planning to use for beauty products can I still use it? My brand is already printed on my product,, I’m so worry if I still can use it,, incredible that after I printed they just got it in uspto,,😞
Whether there is a potential problem is based on if there is a likelihood of confusion as to the source of the goods. The USPTO test consists of two prongs: (1) are the marks confusingly similar AND (2) are the goods somehow related, such that consumers encountering both marks in the marketplace would mistakenly believe that they came from the same source. Note that the USPTO does not control use. We only determine whether a mark is eligible to be registered. Even identical marks can co-exist where the goods simply are not related.
Hello, I’m about to fill one of for myself but I have a question. Do I have to explain details for my logo image of no ?
Yes, you must include a description of the mark. If the logo also includes wording, you must enter the literal element information in the form. There are specific fields for entering both the literal element(s) and the mark description.
NOTE: A description of the mark is required for ALL marks that are in a special form or a sound/motion mark (i.e., for any mark not in standard characters). You must to enter a description even if what the mark represents is immediately clear, e.g., "the letter C." Also, for any color mark, the description of the mark must include the nature and location of the color; i.e., you must specifically state where each color is located within the mark, e.g., "a bird with a red body, blue wings, and yellow beak."
NOTE: Do NOT include as part of the description either the words "The mark consists of" or a final period, because that introductory wording and the punctuation will automatically be added after validation; otherwise, the overall description will have improper repetitions. Also, begin the entry with a lower-case, NOT an upper-case, letter.
Thank you
Do I need a LLC first or I can go this first ?
You may file as an individual, before an LLC is even formed. If later there is an LLC formed, and you wish the LLC to own the trademark, you can transfer ownership rights through a process known as an "assignment."
Thank you and 1 more question ? When I put my image there do I have to list all the colors of in the world so no one can use my logo or no ?
Does a non-profit have to be already established before you can apply for trademark or can you do it in the beginning so that it is always protected?
You must be able to list the actual owner of the mark---so if the non-profit hasn't been established yet that would be a problem, i.e., if you want the non-profit to be the owner. Otherwise, you would need to be listed as the owner and, at a later point, the rights could be assigned to the non-profit once established. See www.uspto.gov/trademarks/trademark-assignments-change-search-ownership
Wasn't the fee for filing application for TM only like $90 back in 2015? Surely it wasn't near $350 where it is today?
No, that is not correct. The fee levels in 2015 were $225, $275, or $325, depending on which version of the application form was used. There are no longer 3 versions, and the fee is either $250 for TEAS Plus or $350 for TEAS Standard.
@@USPTOvideo my mistake! I guess I just recalled it being a lot less for some reason. Ok, I understand. Thanks for your reply!
I am a designer of a product which I introduced to the public in July of 2019. Last year sales really picked up, and now, nothing. I did some online research and it seems there are many, many people from the US and other countries who have either stolen photos from my online shop, my text and/or my title for said product. There are also counterfeits of my product out there now with them using my original and now existing title of said product.
I would like to know if I apply and get approved for a trademark which is my company name and also title of said product, would I then be able to stop all of them from selling or pretending to sell my product?
I did notice there was an area where you ask for proof of when the first sale was. May I include a sale recorded online with date for this?
The USPTO is not an enforcement agency. Indeed, were you able to obtain a U.S. registration, you would be able to attempt to enforce your registration rights in the United States, but not specifically in other countries. Please also note that there may be copyright issues involved as far as stolen photos and text.
When we say "proof," what we are talking about is a specimen (sample) of use showing how the mark was actually being used in commerce, e.g., an uploaded digital image of a product label. We are not asking for an actual sales record.
Hello there
I want to register a trademark using a LLC as owner, a "virtual office address" for "Mailing Address" and a "physical address" for "Domicile Address". Do I need to provide proof of address for the "Mailing Address" and "Domicile Address"? If yes, what documents are valid?
Thanks!
You do not need to provide physical proof of your mailing address. In the TEAS form, simply provide a valid address that is capable of receiving physical mail. That might be a street address, a P.O. box, or a "care of" address.
You do not need to provide physical proof of your domicile address either, unless there is a question as to whether the address is a valid address. If there is a question, you may need to provide documentation showing that the listed U.S. domicile address is the principal place of business of the LLC or, in the alternative, that the LLC does not have a fixed physical address, along with a detailed explanation of the circumstances.
Remember, if you a foreign-domiciled trademark applicant, you must be represented by a U.S.-licensed attorney in all trademark matters before the USPTO. You can learn more on our "Hiring a U.S.-licensed attorney" webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney.
For more information about domicile addresses, please see the Trademark Manual of Examining Procedure Section 601.01(b): tmep.uspto.gov/RDMS/TMEP/current#/current/ch600_d3118e_230fc_3e4.html.
If I filed under class 25 & listed multiple articles of clothing under (1b) would i have to immediatly use each of those for it to be valid?
Not immediately. The Section 1(b) application allows you time to start using your trademark for all the goods and services you list in your application. If it takes a little time, that's OK. But eventually you will need to use your trademark for the listed goods in order to amend your application from 1(b) to Section 1(a) use in commerce.
Although Section 1(b) allows you to file, you can't actually register until you amend your application to Section 1(a) and provide evidence of how you're using your trademark across state lines for the listed goods and services.
Is there any way to send a note to investigating attorney of USPTO about infringers so as to maybe speed up the process of my application? I understand this is out of the norm but I am in tears right now in fear of losing my product and the title of my product. No sales in 4 days which is very unusual for me. I also fear that if they see all of the other ads for MY item, they may think that I am the infringer. Do they investigate fully or could I be refused for this reason?
I ask because I noticed they asked for date of when I started using my trademark and date of when I started using it in Commerce. Do they in fact look at this as I am in hopes that they do so no one else can own it.
No, there is no way to "informally" try to speed up examination. A reminder that the USPTO does not deal with "infringers" in any way. The only thing that the examining attorney is going to look at is the Trademark Register, to see if there is a confusingly similar mark used on or in connection with related goods or services that is either already registered or applied for earlier than your application. The examining attorney will not be looking at "ads" or do any other sort of investigation. So no, that could not be a basis for refusal. But at the end of the day, you will be responsible for enforcing your rights.
@@USPTOvideo Thank you so much for this! It takes a load off for me. I am fine with fighting my battles. I just would prefer to have the legal backing. Thank you again.
Hello, I just want to make sure I am filling it out correctly. "The owner of mark", I am able to put my business name there or do I put my name on that line?
Who is to be the owner? Your business entity or you as an individual? It could be either.
If I am an author selling books and commissioned work(personalized poems, quotes, etc.), what would the proper good/service be for me?
We cannot provide legal advice, so unfortunately we cannot advise you on the proper identification for your goods and/or services. For legal advice, you may wish to speak to an experienced trademark attorney. For more information about hiring an attorney (including free and reduced-price legal services), see our “Hiring a U.S.-licensed attorney” webpage: www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney.
You might also want to explore our Trademark ID Manual: idm-tmng.uspto.gov/id-master-list-public.html. The manual contains a listing of acceptable identifications of goods and services. Depending on the facts in your situation, you might want to search for terms like: books; online retail store services featuring books and creative writing; poem and lyric writing.
For more information about goods and services, check out our “Goods and services” webpage: www.uspto.gov/trademarks/basics/goods-and-services.
I know that I can use a screenshot of my website as a specimen. I only want to trademark my business name, not the logo. For example, if my business name is Susie's Pink Shoes, but my logo on my website and products is Susie's (spelled out) and a picture of a pair of pink shoes, is that a valid specimen? The business name is spelled out in the website link and throughout the site as well.
We are not able to provide legal advice. The only thing we can say, in general, is to make sure that if seeking trademark protection that the wording is not merely used as a business name. It must be an actual source indicator for goods or services and not merely perceived as just being a business name.
J'ai pas été informé de ces bonnes nouvelles pour mon indépendance financière
Hello how are you. If my mark name is part of my logo with the design...does that count as one application or do i have to do a separate one for just the name. Thank you
If the name is integrated as part of the logo such that it is one overall composite mark, then it can be filed as one application. But if actually used separately, you can't try to take a shortcut and present together in the application. How the mark is used (or will be used, if filing under the intent to use basis) must be an identical match to how the mark is displayed in the application.
@@USPTOvideo to add to this question, if your logo includes words must you list the font style?
Sorry, we are only now seeing the follow-up question. No, you do not specifically identify what the font style is that has been used to create the wording appearing within the logo. We simply accept it as presented within the logo, without other clarifying information.
@@USPTOvideo Thank you.
Is it possible to not put the number portion of an address for privacy reasons? As long as there is a valid email address, could the application pass just putting in the street name?
No, that is not going to be accepted---we would need a full address. Your only option for privacy concerns is to use a P.O. Box as a mailing address. You would then need to uncheck the box at "domicile address" in the form and provide the full domicile address---but that would then be hidden from public view.
When I tried to set up an account, the site told me that my e mail or password was incorrect. The e mail was the one the office used to reply to my inquiry and the password I had just created. Don't understand how it could be declared incorrect.
Please email TEAS@uspto.gov and let them know the specifics. That address handles all technical problems with our forms and will be the best resource to assist you.
What if our name is several words long (4) and then the logo is the abbreviation for those words? Are we to register the full title or the abbreviation?
It depends on what you are actually trying to protect. When you say "your name"---are you using that name as an actual trademark to identify the source of goods or services? Or are you only using the logo as the trademark?
I am listed as a sole proprietor. Am I also eligible for registering a trademark?
Yes, "sole proprietorship" is one of the acceptable entity options under Applicant.
Hello, if I need to close down the company that owns the trademark, what can I do if I want to use the same trademark for my other businesses, please? Or do you suggest registering the trademark under the individual name instead of the company names in this case, please? Thank you so much for the video!
Please note that you are potentially creating a problem for yourself under this scenario. If the registered trademark is still "live" in our database, if you would file a new application for the same mark used on or in connection with related goods and/or services under you individual name, the examining attorney would cite the existing registration as a bar to your new application, because it would appear there was a conflict. The examining attorney does not look behind the filing so make any connection that you are linked to both the registration and the new application. So the options are to do a formal filing wherein the registration is "surrendered" so it can be canceled or to file in same owner name.
Reminder that this is only a problem if the goods/services are related. If the other business is something different than the original such that they would not be considered related, then the examining attorney would not take the action referenced above.
@@USPTOvideo Thank you so much for the reply. I do not have the trademark registered yet. I might register the trademark under my name instead of the company name then since I intended to close down the current company for some reason. I'd assume I can use the trademark for any other businesses in the future if it's registered under my individual name, correct? I am trying to understand it as English is not my first language. Thank you again and have a wonderful rest of your day!
Yes, we perhaps misunderstood when you stated that the company owns the trademark, thinking that you meant it was, in fact, a registered mark. So the previous information we provided could be ignored, since the USPTO database only consists of registrations (and applications), not marks that simply are in use.
You are correct that you are eligible to file to seek registration under your name as an individual rather than a company name. If you have additional questions, please let us know. Thank you.
@@USPTOvideo I appreciate your answer! !
So if I file a standard instead of a plus then I can do more than one class for a flat fee?
No, that is not correct. Regardless of whether you file TEAS Plus or TEAS Standard, the fee is on a per class basis. If you have goods or services falling in more than one class, then you must pay for each separate class listed within the application. There is no "flat fee."
Hello i made a global breach, by mistake in 2008.
I only have the steps i done or the method i used to create the merging of technologies.
I need a lot help with justify it by recreation of the signal..
Unfortunately, we don't understand your posting.
If a trademark is denied can you add words to that trademark and file again for the trademark with the additional words?
Yes---but only in the specific sense that you would be filing a brand new application, with fee. What you may not do is simply try to amend the original application.
Once you go through and file the application and pay, do you get a trademark pending number?
You receive an application serial number immediately at the time of filing the application, both on the "success" page and separately via email.
If I have a sole proprietorship DBA "my business name" would I choose "individual" and use my name or do I choose "corporation" and use the DBA name "my business name" and choose "sole proprietorship"? I believe I understood you to say that I would choose the DBA name as the owner but I'm confused on how I list that since it is a DBA. Would I put "my name DBA my business name" as the company or just "my business name" as the company? Thank you for any help...I'm lost.
It depends on how your business is legally organized.
If your state offers a sole proprietorship as a legal entity and you filed paperwork with your state to organize as one, put the name of your sole proprietorship as as the "owner of the mark." In the entity section, select "sole proprietorship" and then fill in the state of organization, your personal name, and your citizenship.
If your state does not offer a sole proprietorship as a legal entity, you can put your personal name as the "owner of the mark," check the DBA checkbox, and provide your DBA name in the fill-in text field. In the entity section, select "Individual" and provide your country of citizenship.
If you formed a corporation, you simply put the corporation name as the owner of the mark. In the entity section, select "corporation" and provide the state of incorporation.
Please note: if you have not legally formed a corporation, sole proprietorship, or other entity with your state, you should not select one of them as your entity. It is perfectly acceptable to own a trademark as an individual. If you later form a legal entity and want to transfer ownership of the trademark to that company, you can. You'd simply file an assignment with our office to let us know the change of ownership occurred.
@@USPTOvideo This is Texas. Filed as a Sole Proprietor and had to do a DBA of MY name DBA My business name. So again...I personally am DBA my business. Do I choose individual or corporation and put my business name.
I feel like either would be acceptable since I fit in both categories.
Sorry for not clarifying state earlier.
@@meagain076 The USPTO is not allowed to provide legal advice, so we can't specifically advise you on how to file. However, you raise an interesting question about which entity choice would be the most accurate for applicants in states in which formal organization of a sole proprietorship is not required: "Individual" or "Sole proprietorship." We're working to confirm some information before providing a more detailed response and will post a reply early next week.
Please note, however, that the entity type you select should identify your actual entity type. Unless you filed papers of incorporation and actually formed a corporation, you are not considered a corporation. Same with an LLC. Same with a general or limited partnership.
Thanks for your question. We'll get an answer for you as quickly as possible.
Thanks for your patience. While we can't provide legal advice, we can provide some general information.
The correct choice is based on the law of your state (here, Texas). If Texas recognizes sole proprietorships as a business entity (even though the only thing you filed was your DBA), then you can select "Sole proprietorship" as your entity in the TEAS form. If Texas does not, you can select "Individual" as your entity and note your DBA.
In either case, please understand that we can't tell you what your state requires or what the correct choice might be.
Please also understand that we will trust that you have correctly identified yourself in the application. Unless there is an inconsistency in how you identify the entity in the TEAS form (for example, you put down your personal name as the owner of the trademark, but identify yourself as a corporation), we will assume that you have identified your entity correctly under the laws of your state.
Hi there. How can I file a trademark form on paper? I don’t want to do it online. Thanks
Thanks for the question. Filing an application on paper is no longer an option, except in a very limited circumstance. (See the * below.) Instead, electronic filing is mandatory: www.uspto.gov/trademarks/laws/mandatory-electronic-filing
To apply, you'll need to create a USPTO.gov account: account.uspto.gov/profile/create-account
You'll also need to participate in a one-time identity verification process. Most people verify electronically, but you're welcome to user the paper-based option: www.uspto.gov/trademarks/apply/identity-verification
Once you've created your account and are ready to apply, you might consider using the beta version of the filing system in Trademark Center. It's mobile-friendly and provides a more user-guided experience: www.uspto.gov/trademarks/apply/trademark-center
* If you are a person or an entity who is a national of, or is organized under the laws of, a country that is a member of the Trademark Law Treaty (TLT) but is not a member of the Singapore Treaty on the Law of Trademarks (STLT) at the time of your submission to the USPTO, you can file your trademark submissions on paper and do not need to provide an owner email address.
Please note that the United States is a member of both the TLT and the subsequent STLT, so brand owners domiciled in the United States do not qualify for the exception.
@@USPTOvideo Thanks for the response. I’m going to file one in Florida. I’ve already started the paperwork
Hey how do you add owners to a live trademark?
If you wish to change ownership, you must do the transfer through a process known as "assignment." See information at www.uspto.gov/trademarks/trademark-assignments-change-search-ownership
Can you apply for a trademark brand name you have been using in commerce for 10 years that someone just applied for in the last 30 days. Application is complete fraud from the fake attorney to the fake address in China.... Hoping you can answer this question for me. TIA!
For registration purposes, the United States is a first-to-file country. So if the application you reference consists of a similar mark used on or in connection with goods and/or services that are related to yours, that application would be cited as a prior pending application and would block your application. If it matured into a registration, then it would be the basis for a formal refusal under Section 2(d) of the statute, likelihood of confusion. It would not matter that you have used the mark for 10 years. While that establishes common law rights, it is not considered in the registration process.
@@USPTOvideo Thanks so much for the reply. So, what you are saying is the US is a "first to file" not a "first to use", correct? Also, this is an international company out of China applying for the mark in class 026 and I am 025, Clothing. Will this still block my application? Is there something I can do to oppose this application so I can apply for the trademark? Letter of Opposition? Request for Cancellation?
Hello, do you have a video on how to renewal a trademark procedure.
thank you
Yes. For more information about maintaining your trademark registration, watch the “Post-registration issues” video that is part of our Trademark Information Network (TMIN) video series: www.uspto.gov/trademarks-getting-started/process-overview/trademark-information-network#heading-12. TMIN is a news broadcast-style video series that explains the application and registration process, from beginning to end.
You can also learn more by visiting our “Keeping your registration alive” webpage: www.uspto.gov/trademarks-maintaining-trademark-registration/keeping-your-registration-alive.
@@USPTOvideo thank you
@Aldo Critchfield thank you
Je réclame tout les droits de propriété intellectuelle.
Good afternoon! I am currently in process of filing TEA Plus app for a Trademark regarding my business name and later a logo. I have chosen "Section 1b Intent to Use." However, it's being requested of me to, enter a "Serial Number". How can I do such, if I have not yet received a serial number or registration number due to application not yet being complete? Thank you in advance for your reply.
Where are you in the form that you are seeing an indication that you are to enter a serial number? Are you receiving an error message? Please clarify. Thank you.
Was this issue resolved?
Hello, I have filed a trademark under my company name but I used my domicile address as the mailing address instead of the company address. Is there going to be a denial in this case, please? Is USPTO going to check where exactly the company address is? I know my company is going to relocate this year, so I used my domicile address instead to receive mail or notice if any. Thanks very much again!
The specific reason for the USPTO's asking for the applicant's domicile address is to determine whether a U.S. licensed attorney is required to handle the application (if entity is not domiciled in the U.S., then one is). So assuming both you and your company are in the U.S., it should not be an issue that you used your personal address. Yes, the most important thing is that we would be able to contact you, although most everything is done electronically. However, if a registration certificate issues, that currently is sent via paper mail.
@@USPTOvideo Thank you so much for the information!
I have a that I want to use a phrase as my trademark should I patent the formula that's inside of the container I'll cut my trademark be enough protection because I was told that if someone want to knock off what I was doing they could with the help of chemist so could someone comment on that please thanks in advance !
I have a formula that's inside of a container and I want to use a phrase as my trademark do I have to have the formula Patton as wellbecause what was told to me is that with the help of chemists someone can knock off the product inside of the container so could someone replied back to me in regards to that thanks in advance sorry my first text did not come out clearly
My question is, That my LLC is not form yet its pending. I don't want to wait for it to be approve to then register the trademark under the LLC. So i want to register it, under induvial. I'm wondering if doing so would prevent me to use it for my LLC when its approve. like would any conflict is present. also how difficult would it be to transfer the trademark ownership to it.
You may apply as an individual. If later an LLC is formed and you wish the LLC to own the trademark, then you could transfer ownership through a process called "assignment." For more information, please see www.uspto.gov/trademarks/trademark-assignments-change-search-ownership
@@USPTOvideo I ended up filing as an individual, My LLC is pending still and i am waiting for my trademark approval. But i'm going to start now trying to get sales and stuff. and i geuss then I can file, Statement of use and provide evidence of it. Later on on all the id classes i chosen. That's my current game plan. --------
Also I encounter a very serious problem during the application process. On the "Validate" step just before the "Pay/Submit" Step. Also their was a problem when I was trying to figure out what "id classes" to choose.
---like I was trying to go to glossary like infomation of id classess, To find out more about them. Like i was trying to find the catalog or something like that. anyways THE POINT ----their is a dead link that could have provided infomation for me to help me on that step but i couldn't access that helpful infomation because the link was dead. You can see for yourself if you investigate the links on the step of the process where you have to choose id classess
The 2nd problem was on the Validation step. Their is a Save button. But that button link is function very very very oddly. In my case when i clicked the button to save. in the chrome browser on my windows computer. the save button basically cause it to try to download something but that download was very very very weird. In my case my browser aimed to open something, that 3d.obj file. using windows 3d viewer and it was of a "bee"
that was very frustrating. because i couldn't save my application. and that was the problem. I did not have enough money for the pay/submit step.
I had to Seriously Run to a ATM to transfer money from one card to another. I couldn't transfer enough funds to one card to fully pay the fees.
but when I ran back, i was lucky that my application didn't close on me. i had a 30 min timer set while i went out of my apartment unit to run to a atm and back.
And I was lucky that i was able to pay the fee partially and can worry later about paying the rest later. I discovered it after the fact
I really would like someone to investigate these matters that i discussed. I think its possibly due to everyone hiring an attorney to do their applications for them. That these issues was overlooked.
Also another suggestion is, a more friendly updated guide for Id classes. but their probably is such a helpful guide, if that dead link was working.
Correct. Once there are actual sales of goods in interstate commerce that you could file an Amendment to Allege Use (if being done before approval and issuance of the Notice of Allowance (NOA) or the Statement of Use (if being filed after the NOA issues). It is the exact same form----just called by something different depending on the timing of the filing.
If im applying for a word mark that has the same name as my separate design mark application, do I have to pay for the goods and service for both if they are the exact same?
A word mark and a design mark require two separate applications, regardless of whether the word portion of the marks is the same. So yes, separate fees for the two applications.
@@USPTOvideo Yeah I figured, thanks.
@@USPTOvideoTwp more questions if you don't mind while I got ya here.
Will I have to file separate applications to use different variations/layouts (including inverted colors and alternate positioning of the icon) in the over all logo?
Also If I filed for a specific class, lets say class 025 that includes clothing and other stuff, but specified it being for t-shirts, can I still use all clothing items and other items listed in IC class 025?
Hello, I have filled an Trademark application 2 weeks ago. But under "Mark Drawing Type" it shows BLANK. Is it supposed to be blank? Thanks
Could you please provide your application serial number? So as to avoid a public posting, please send directly to TMFeedback@uspto.gov. Thank you.
A reminder that we will need additional information in order to assist you. Please review earlier posting. Thank you.
Hello are you all still taking question?
Absolutely. We can't provide legal advice, but would be happy to provide information and to answer any questions we can.
Is it a one time fee to register my trademark? Is my trademark protected forever?
If you file under the Section 1(a), use in commerce, basis, then yes, it is a one-time fee to apply to seek federal registration. A reminder that registration is not guaranteed and you do not receive a refund if ultimately the USPTO does not register your mark. If you file under Section 1(b), intent to use, there are additional fees when you do required filing to show you have started use or otherwise to request an extension of time to show such use. Your mark stays registered only if you timely file the required post-registration forms. That is, between the 5th and 6th years after registration, you must do another filing (with fee) showing that you are still using the mark in commerce. Between the 9th and 10th years, and every 10 years thereafter, you must show you are still using the mark and also request renewal. If you miss one of those deadlines, the USPTO will cancel the registration.
Also, please note that filing fees are increasing, effective January 2, 2021.
@@USPTOvideo May I ask the amount?
The current fee for the TEAS Plus filing option is $225 per class of goods/services and $275 per class for the TEAS Standard filing option. It goes to $250 and $350, respectively, on January 2.
... right when people are struggling to survive - wow, what timing for such a drastic fee increase! 😰
I'm having issues with this
Could you clarify what you mean when you say that you are "having issues with this"?---the video playback itself, for example, or something different?
@@USPTOvideo I am having issues with the codes.
You need to please be more specific. What codes are you referencing? With more information we will try to assist you. Thank you.
They getting paid on these classes ... It should be one fee with all your products
Unfortunately, if the products fall in different classes, it means that the examining attorney must do more work to determine whether the application can move forward to registration. Therefore, that application has a higher filing fee, to cover all of the classes listed. If all of the products fall within class---and it doesn't matter the total number of products---then it is only one fee for the one class.
CAN IO TRADE MARK MY BUSINESS NAME AND CATCH PHRASE...At your service cleaning then under that is "cleaning up st louis 1 house at a time"
Please note that we are not able to provide legal advice nor assess the possible registrability of any trademark prior to the actual filing of an application.
@@USPTOvideo so pay 250 then find out i cannot trademark a business name and slogan ? And asking that question is a legal case and cant be addressed with a simple yes or no until after i lose 250? Ill google it