Categories
Trademark FAQ

When are emails to the TEAS mailbox answered?

The TEAS mailbox is monitored Monday through Friday, 8 a.m. until 8 p.m. ET, with the exception of federal holidays. A representative will respond to your request during the next scheduled business day. Please be advised that when a filing deadline falls on a Saturday, Sunday, or federal holiday, the filing may be made on the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. For immediate technical support on Saturdays and Sundays through 10 p.m. EST, please call 1-800-786-9199 (select option # 3). 

Please be advised that if the deadline for filing your document is today, you must use an alternative method of filing to ensure that the document is timely received. Information on alternative filing and payment methods for common document types is available on the Filing Documents During an Outage page.

A reminder that you may email TEAS@uspto.gov for help in resolving glitches or answering technical questions. Please include the following information: (1) your name, (2) telephone number, (3) serial number and/or registration number, (4) a description of your issue, including the name of the form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.), and (5) a screen shot of any error message that you are receiving.

If you need general trademark information, please Contact the Trademark Assistance Center.

Categories
Trademark FAQ

Does TEAS have specific standards for sound and motion files?

Yes. The file must be in an electronic file in .wav, .wmv, .wma, .mp3, .mpg, or .avi format and should not exceed 5 MB in size for audio files and 30 MB for video files because TEAS cannot accommodate larger files. The applicant should submit an audio reproduction of any sound mark or video reproduction of any motion mark. The purpose of this reproduction is to supplement and clarify the description of the mark. The reproduction should contain only the mark itself; it is not meant to be a specimen.

Categories
Trademark FAQ

How do I sign a TEAS form?

The USPTO has tried to make signing an electronic form submitted through TEAS as easy as possible.  The electronic forms have three signature options.

1. SIGN DIRECTLY: The individual completing the application may, if he or she so chooses, sign directly at the end of the application form. The application will not be “signed” in the sense of a traditional paper document. To verify the contents of the application, the signatory will enter any alpha/numeric character(s) or combination thereof of his or her choosing in the signature block on the application form, preceded and followed by the forward slash (/) symbol. The USPTO does not determine or pre-approve what the entry should be, but simply presumes that this specific entry has been adopted to serve the function of the signature. Most signatories simply enter their names between the two forward slashes, although acceptable “signatures” could include /john doe/; /jd/; or /123-4567/.

Note: The appropriate person (i.e., (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) a U.S.-licensed attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the forward slash symbol (/) that the signatory has adopted as his or her “signature.” Someone else on behalf of the proper signatory should not key this in.

2. E-MAIL TEXT FORM TO SECOND PARTY FOR SIGNATURE: Through this method, the “text form” may be e-mailed to the proper signatory as a “hyperlink” (no “downloading” of a portable form is required).  The signatory will enter the signature between two forward slashes (e.g., /john smith/).  The signed form is then returned to the original preparer, who can then complete the submission process to the USPTO.

To use this approach select the “E-mail Text Form to second party for signature” method in the Signature Information section.  Enter the signatory’s name, position, and phone number and click “Validate.”  At the Validation page, click the link for “Text Form for E-Signature.”  Next, click the link for “Send this Text Form to the authorized signatory(ies) to request e-signature(s).” The requestor should enter his/her name and e-mail address and click “Send Email.” 

TEAS will send the e-signature request directly back to the requestor, and then the requestor must forward the resulting e-mail to the intended signatory. With this approach, the requestor will receive any possible “undeliverable” notice, and as such, immediately be aware when a problem exists with the signatory’s e-mail that requires possible correction and re-sending. All “reply” communications will be directly between the signatory and the requestor.

To sign the form, the intended signatory must click the link in the e-mail and enter the signature between two forward slashes. After completing all the mandatory fields, the requestor must click the “Sign” button to return the signed form to the originator of the request.  The requestor will receive an e-mail with a “Submit” link, to allow access to the Validation page wherein the final steps of the process are completed.

Note: The form must be signed and the filing to the USPTO completed within 14 days. The clock starts running as soon as the requestor clicks “Send this Text Form to the authorized signatory(ies) to request e-signature(s)” and it is not based on when the requestor then forwards the e-mail to the intended signatory. Please also note that the period is calculated to the minute, and is not based on the “end of the day” for the 14th day (e.g., a request originated at 2:00 p.m. must be filed no later than 2:00 p.m. 14 days later. If the final submit button is clicked at 2:01 p.m., an error message will be displayed indicating that the time period for filing has expired and the entire process must then be started from the beginning). You can, however, download and save the portable form (available from the Validation Page) indefinitely.

3. HANDWRITTEN (“PEN-AND-INK”) SIGNATURE: Through this method, the “text form” may be printed out and then mailed or faxed to the signatory, who will sign the form in the traditional “pen-and-ink” manner. Once the signed form has been mailed or faxed back to the preparer, this signed declaration must be scanned and re-attached as a JPG image file (the only image formats acceptable) to the original electronic application; the complete application can then be validated and filed electronically.

Note: Under this option, the original application must be saved using the Download Portable form button on the Validation Page.

Categories
Trademark FAQ

What is the filing fee and the USPTO refund policy?

The filing fee depends on the application filing option you select. The TEAS Plus filing option is $225 per class of goods or services, but has the strictest requirements. Detailed information on the TEAS Plus requirements can be found at TMEP §819.01. The TEAS Standard filing option is $275 per class of goods or services for applications electronically filed that do not meet the additional TEAS Plus requirements.

NOTE: If you submit a TEAS Plus application but do not satisfy those application filing requirements, you will be required to submit an additional processing fee of $125 per class of goods or services, and the application will then be handled as a TEAS Standard application.

While an application may only have one mark, it may cover multiple classes and a filing fee must be paid for each class. For example, a TEAS Plus application for a mark applied to both computer software in Class 9 and t-shirts in Class 25 would have two classes, making the filing fee $450.00 ($225 for each class).

WARNING: The filing fee is a processing fee for the application. This fee is not returned even if ultimately the USPTO does not issue a registration. You should take all necessary steps to ensure the mark is registrable before filing the application.

Although only one mark is permissible per application, a mark may consist of several elements that are joined to form a composite whole; e.g., words plus a design. You do not need to have already used your mark before filing an application. However, if the mark has not already been used in interstate commerce at the time of filing, and the application is instead based on an “intent-to-use” the mark in interstate commerce in the future, an additional fee of $100.00 per class will be required when the “Allegation of Use” form is submitted (whereas a “use-based” application does not require this additional fee).

Please see the Reduced Fee FAQs page for more information about application filing fees and the Trademark Fee Information page for information on payment options and a listing of other trademark fees.

Categories
Trademark FAQ

If I am a paralegal or a legal staff member, does my account need to be sponsored by a practicing attorney to use TEAS and TEASi?

Paralegals and legal staff don’t need a sponsored account to access TEAS or TEASi at this time. We are planning future updates to the TEAS and TEASi filing system, including allowing customers to restrict or delegate access to an application or registration.

Categories
Trademark FAQ

Can I avoid formatting problems?

Simply cutting and pasting a Word or Word Perfect document into a TEAS form may cause the introduction of unwanted characters in the form and/or prevent successful validation of the form. This is especially true for heavily formatted documents. To avoid this problem, you should convert the Word or Word Perfect document to a text format. Do this using the “save as” and “save as type” features of Word or Word Perfect. There is not a problem with text that is typed directly into the form or text that was previously saved as an HTML document. If the form you are trying to use allows you to attach images as evidence, you could create JPG image(s) of heavily formatted documents and attach them to the form. A text document does not allow for complex formatting.

Categories
Trademark FAQ

How do I ensure receipt of email coming from the USPTO?

You will want to make sure that all USPTO emails reach you. Unfortunately, servers or SPAM filters often block important messages or send them to your junk folder because they don’t recognize the sender. Please note that the USPTO cannot deliver an email successfully if:

1) The destination email address is not valid. Please check that the entered e-mail address does not contain any typographical errors.
2) The destination email address is relaying the email to a different address.
3) The USPTO cannot perform a “reverse DNS look-up” of the destination email address.
4) The destination e-mail server is blocking any email address that ends with “uspto.gov” as spam. NOTE: Email originating from “uspto.gov” may include attachments, so email from the USPTO address with attachments should not be blocked.

To help ensure that you receive mail from the USPTO, please log in to your email now and follow the listed steps to add important USPTO email addresses to your address book, contacts, and/ or “Safe Senders” list.

Remember that you may receive email messages from several Trademark addresses. Please add all of the addresses listed below. You may also receive email from an individual person’s USPTO email address, e.g., johnsmith@uspto.gov.

TEAS@USPTO.GOV

TMII2455@NX.USPTO.GOV

TrademarkOfficialNotices@uspto.gov

eCom101@uspto.gov through eCom130@uspto.gov

tmng.notices@USPTO.GOV

Categories
Trademark FAQ

What are the requirements for file attachments to TEAS forms?

We accept image files in PDF or JPG format. Drawing files (mark images) must be submitted in JPG format, see requirements for drawing files for more information. You may submit all other image files (specimens, evidence, etc.) in either format.

JPG requirements: 

  • JPG  files must be 5MB or smaller.
  • The filename can be up to 256 characters long, including the “.jpg” extension.
    You are encouraged to use the shortest filename possible. Remember to save images created on a Macintosh using Adobe Photoshop or Illustrator with the .jpg extensions.

PDF requirements:
Size

  • All files must be 30MB or smaller
  • All files must be saved at 300 DPI
  • Page size within the files must be set to 14 x 14 inches or smaller
    If any page within the entire PDF file exceeds this size limitation, the entire PDF file will be blocked from upload.

Format

  • Use a valid PDF format. It is NOT sufficient that the file simply be named using a PDF extension (.pdf), because that does not by itself create a valid PDF file.
  • Use one of the formats below for images within the PDF file.
    GIF, BMP, TIFF, JPG or PNG  
  • Use one of the fonts below.
    Courier (Regular, Bold, Italic, or Bold Italic), Times (Roman, Bold, Italic, or Bold Italic), Helvetica (Regular, Bold, Italic, or Bold Italic), Symbol, Zapf Dingbats.
    NOTE: Fonts not listed above must be embedded within the PDF document.
  • Fonts should be set to “subset.”

Filename

  • Can use upper or lower case letters or numbers, periods (.), underscores(_), or hyphens (-)
  • No spaces
    Spaces are permitted in the file path, (the file’s location on your computer), but never in the name of the file itself.
  • Must end in .pdf
  • Can be up to 256 characters long including the .pdf portion. Please use the shortest name possible.

Do not include

  • Security settings
    For example, self-sign security, user passwords, and/or permissions, or any other security settings that would prevent us from opening, viewing, or printing the file.
    All security settings must be deactivated (e.g., encryption, master passwords, and/or permissions).
  • Embedded scripts and/or executables
    For example, interactive actions or form data importation scripts
  • Worms, viruses or other malicious content
    Files with malicious content will be deleted.
  • Active hypertext links, or any internal/external links
    While you may textually reference a URL as a disabled link, it cannot be presented as an actual hyperlink.
  •  Embedded Objects
    • Multimedia
      For example, sound, video, animations, slide shows
    • 3-dimensional models
    • Multi-page objects
      For example, Excel spreadsheets
      While the overall PDF file would upload, the other internal object will be “stripped” out of the file, and will not be viewable.

Other requirements

  • All files must contain only a single layer.
    Documents with multiple layers must be flattened prior to submission, to convert all overlapping areas in a stack of transparent objects into a collection of opaque objects.
    Any invisible layers will be lost when processed by the USPTO.
  • Use Adobe version 1.3 or newer.

NOTE: If you have Adobe Acrobat Professional 6.0, for instructions on resizing PDF pages or reducing the DPI, click here; otherwise, please forward the PDF file to TEAS@uspto.gov, for resizing/reduction within ONE (1) business day. Sending a file to the TEAS mailbox is NOT considered an actual “filing” for any deadline purposes.

Categories
Trademark FAQ

What are the requirements for drawing files (mark images)?

The mark image you submit with your application will be printed on your registration certificate. It is in your best interest to submit a clear, high-quality image.

Mark image requirements:

  • JPG format
  • 5 MB or smaller
  • The filename must be less than 256 characters long, including the .jpg extension.
    You are encouraged to use the shortest name possible. Remember to save images created on a Macintosh using Adobe Photoshop or Illustrator with the .jpg extension.
  • Cannot be zipped or otherwise compressed
    Please bear in mind that JPG files are already compressed.
  • The mark image cannot include the trademark, service mark or registration symbols (TM, SM,®).
    These symbols should only appear on your specimen. Please see TMEP §906 for more details.
  • The image must contain as little white space around the design as possible.
  • Submit the image in black and white or grayscale if you are not claiming color as a feature of your mark.
  • Submit the image in color if you are claiming color as a feature of your mark.
    • If submitting in color, use RGB color scheme.
    • Adobe Photoshop/Illustrator users must not submit files in the CYMK color scheme.

Additionally, we recommend you do the following to create a high-quality image:

  • If possible, stay all-electronic.
    TEAS loads images directly to our database without the error-producing steps of printing and scanning.
  • If you must scan:
    • Scan a high-quality original.
    • Scan at a high resolution.
    • Use your scanning software to crop, resize, and adjust the image to minimize white space.
    • Scan black and white or color images at 300-350 dots per inch, and with a pixel range of 250-944 pixels for both length and width.  We also accept grayscale images, so you can scan your image using 8 bits per sample pixel. We consider images saved in grayscale to be black and white.
Categories
Trademark FAQ

What is the Trademark Electronic Application System (TEAS)?

The Trademark Electronic Application System (TEAS) allows you to fill out online USPTO forms. You can submit the forms directly to the USPTO over the Internet and pay by credit cards, electronic funds transfer, or through an existing USPTO deposit account. TEAS can also be used to file other documents including a response to an examining attorney’s Office action, a change of address, an allegation of use, and post registration maintenance documents.