Author: faq

TEAS Plus
This filing option has the lowest filing fee of $225 per class of goods or services, and requires more detailed information at filing. For example, you must include the following information in your application, among other things:

• Your goods and services chosen from the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual)
• At least one complete filing basis
• Other mark-related information (e.g., a description of the mark and an English translation of any foreign wording in the mark).
• If your application does not meet all of the TEAS Plus filing requirements, you will be required to pay a $125 per class processing fee. From then on, your application will be handled as a TEAS Standard filing option.

TEAS Standard
This filing option has a filing fee of $275 per class of goods or services, and has fewer initial requirements than TEAS Plus. For example, you may write your own descriptions of your goods and services, instead of only using ID Manual entries.

To find out more information about TEAS Plus and TEAS Standard filing options, see Trademark Initial Application Forms

Our TEAS initial trademark application has two filing options: TEAS Plus and TEAS Standard. The fees and requirements differ depending on the filing option. You select a filing option based on which requirements you meet.

As of February 15, 2020, you must file your trademark application and all related documents online using the Trademark Electronic Appliation System (TEAS). Electronic filing using TEAS is mandatory for all filers, except in rare circumstances.

TEAS is generally available 24 hours a day, seven days a week. You can receive a filing date for a particular date until midnight Eastern Time on that date.

Find out the current status of TEAS online and about when planned TEAS maintenance outages will occur in the “USPTO Systems Status and Availability” page. Read about what to do if you need to file a document with us during an unplanned TEAS outage in “Filing documents during an outage

The USPTO does not:

• Decide whether you have the right to use a mark (which differs from the right to register). No law requires that you federally register your mark in order to acquire rights in the mark;
• Enforce your rights in the mark or bring legal action against a potential infringer;
• Conduct trademark searches for the public;
• Comment on the validity of registered marks;
• Assist you with policing your mark against infringers;
• Assist you with recordation of your mark with U.S. Customs and Border Protection;
• Answer questions prior to filing on whether a particular mark or type of mark is eligible for trademark registration; or
• Offer legal advice or opinions about common law trademark rights, state registrations, or trademark infringement claims.

The USPTO reviews trademark applications and determines whether the applied-for mark meets the requirements for federal registration. USPTO employees will answer general questions about the application process at no charge. Contact the Trademark Assistance Center (TAC) at TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199. Note: The USPTO cannot provide any sort of information in the nature of “legal advice.” For legal advice, please consider contacting an attorney who specializes in intellectual property.

Each time you use your mark, it is best to use a designation with it. If registered, use an ® after the mark. If not yet registered, use TM for goods or SM for services, to indicate that you have adopted this as a trademark or service mark, respectively, regardless of whether you have filed an application with the USPTO. You may only use the registration symbol with the mark on or in connection with the goods/services listed in the federal trademark registration. However, no specific requirements exist as to the precise use of the “®” symbol as to placement, e.g., whether used in a subscript or superscript manner. Note: Several foreign countries use “®” to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.

No. In the United States, parties are not required to register their marks to obtain protectable rights. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides a number of significant advantages over common law rights alone, including:

• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a state registration only provides rights within the borders of that one state, and common law rights exist only for the specific area where the mark is used);
• Public notice of your claim of ownership of the mark;
• Listing in the USPTO’s online databases;
• The ability to record the U.S. registration with U.S. Customs and Border Protection to prevent importation of infringing foreign goods;
• The right to use the federal registration symbol “®”;
• The ability to bring an action concerning the mark in federal court; and
• The use of the U.S. registration as a basis to obtain registration in foreign countries.

The USPTO’s Law School Clinic Certification Program allows law students enrolled in a clinic program to practice intellectual property law before the USPTO under the strict guidance of a law school faculty clinic supervisor.

The American Bar Association posts a list of Pro Bono IPL Resources in the United States.

The International Trademark Association (INTA) has also established the INTA trademark pro bono clearinghouse pilot program.

To find an attorney who can represent you before the USPTO, consult U.S. telephone listings or the internet. You can also contact the attorney referral service of a U.S. state bar or U.S. local bar association (see the American Bar Association’s Consumer’s Guide to Legal Help for more information). Make sure that any attorney you hire has experience prosecuting trademark applications before the USPTO. The USPTO cannot help you select an attorney or recommend one.

A U.S.-licensed attorney who specializes in trademark law can provide valuable legal advice about many important issues and help you before, during, and after the trademark application process.

Before you file your application with the USPTO, an attorney may save you from future costly legal problems by conducting a comprehensive search of federal registrations, state registrations, and “common law” unregistered trademarks to determine if your chosen mark is available for use and if it is eligible for federal registration. Comprehensive searches are important because other trademark owners may have protected legal rights in trademarks similar to your chosen mark, even though they are not federally registered. Such unregistered trademarks will not appear in the USPTO’s Trademark Electronic Search System (TESS) database, but could still ultimately prevent you from using your chosen mark even if the USPTO registers your mark.

When you file your application, an attorney can help you navigate the registration process to provide optimal protection of your trademark rights. For example, an attorney can determine the appropriate filing basis for your application, accurately identify and classify your goods and services, select an appropriate specimen that shows your mark as used in commerce, and prepare responses to any refusals to register your mark that a USPTO examining attorney may issue. Although a USPTO examining attorney can provide information about the federal registration process, USPTO employees cannot give you legal advice.

An attorney also can help you understand the scope of your trademarks rights and advise you on the best way to police and enforce those rights. For instance, if other trademark owners challenge your application or registration, or allege that you are infringing on their marks, an attorney can advise you on what to do and defend your case.