Category: Trademark Protection

You must submit the following: (1) a “color claim” naming the color(s) and stating that the color(s) is a feature of the mark, and (2) a separate statement describing the mark and stating where the color(s) appears in the mark.

Generally, you may submit a black-and-white drawing even if you use your mark in color, because a black-and-white drawing covers use of your mark in any color. However, if it is important that your customers associate specific colors in your mark with your product, you may wish to limit your mark and claim those colors as part of your mark. If you do submit a color claim, then you must also submit a color drawing of your mark that matches the colors you are claiming.

You must upload an image of your mark into the TEAS form. The mark image must be in .jpg format and should have minimal white space surrounding the design of the mark. Mark images should not include the trademark, service mark or registration symbols (TM, SM, ®). Unless a color image is being submitted for a mark wherein color is claimed as a feature of the mark, the mark image should be black and white.

If your mark includes a design or logo, alone or with wording, or if the particular style of lettering or particular color(s) is important, you must select the “special form” drawing format. If you are seeking registration of a word(s) combined with a design element, the drawing must depict both the word(s) and the design element combined as one image.

TEAS generates a standard character drawing for you, based on the information you enter on the form under “enter the mark here.”

A standard character drawing is commonly submitted when the mark you wish to register consists solely of words, letters, or numbers. A standard character mark protects the wording itself, without limiting the mark to a specific font, style, size, or color and therefore gives you broader protection than a special form drawing.

A standard character drawing is commonly submitted when the mark you wish to register consists solely of words, letters, or numbers. A standard character mark protects the wording itself, without limiting the mark to a specific font, style, size, or color and therefore gives you broader protection than a special form drawing.

A standard character drawing must have the following characteristics:

• No design element;
• No stylization of lettering and/or numbers;
• Any letters and words in Latin characters;
• Any numbers in Roman or Arabic numerals;
• Only common punctuation or diacritical marks.

NOTE: The USPTO has created a standard character set[24] that lists letters, numerals, punctuation marks, and diacritical marks that may be used in a standard character drawing.

Every application must include a clear image of one mark (“the drawing”). The USPTO uses the drawing to upload the mark into the USPTO search database and to print the mark in the Official Gazette (OG) and on the registration certificate. If you have variations on the mark that you wish to register, each requires its own separate application and fee.

There are two types of drawings: “standard character” and “special form.”

If you have an attorney handling the filing of your application at the USPTO, the attorney’s name, postal and e-mail addresses must be provided.

You are only required to have a U.S.-licensed attorney represent you in your trademark matter at the USPTO if your domicile (the place a person resides and intends to be the person’s principal home or the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities) is not located in the United States. See the “Hiring an attorney” section on page 10 for more information.

Solicitations
Third-party websites and internet search engines may post your USPTO application information online as part of a legitimate service. Companies not associated with the USPTO, however, may mail or e-mail you misleading offers and notices concerning your trademark application that look very official. These companies often use names similar to the USPTO, for example, the terms “United States” or “U.S.” combined with “trademark.” The notices often mimic the look of official government documents by emphasizing official government data, such as the USPTO application serial number, the international class(es), and filing dates. Many refer to other government agencies and include legal-looking references. Most require “fees” to be paid.

You do not need to respond to these solicitations, even if they indicate there is a looming deadline at the USPTO. You may separately confirm a USPTO deadline directly on our website (see section “How do I check the status of my application?”). Keep in mind that all official correspondence from the USPTO will only be from the “United States Patent and Trademark Office” located in Alexandria, VA, and from the e-mail domain “@uspto.gov.” Read trademark-related communications carefully before determining whether you need to respond.

Letters claiming trademark infringement
If another trademark owner believes you don’t have the right to use your trademark, you could receive a “cease-and-desist” letter that:

• Demands you immediately stop using your trademark because of what the letter may allege is unlawful or infringing use
• Says you could face possible legal action if you don’t stop using your trademark.

This is a serious matter. We strongly encourage you to hire an attorney in this situation, if you don’t already have one representing you. See the “Hiring an attorney” section on page 10 for more information.

Except for payment information, all personal information you submit to the USPTO, including your domicile address, e-mail address, and telephone number, will become part of a public record viewable on our website, as well as other websites that index USPTO data, such as Google®. While providing your telephone number will help us communicate with you and could speed up the processing of your application, it is not required information. If you want to hide your domicile address from public view, you must provide a mailing address that differs from your domicile address that can be publicly viewable, and you must provide this address information in the initial application forms and the “Change of Address or Representation” form only, using the correct data fields in the “Owner Information” section. All other forms will make this data public.