Elizabeth Shieldkret
Copyright, Trademark, Patent,
Trade Secret & Consumer Law Website

Contact Me

Home

Site Map

Frequently Asked Questions About Trademarks

This material is reprinted from the Trademark Office FAQ.

CONTENTS

Definitions

Basic Questions

Searching

Trademarks, Patents and Copyrights

Trademark/Service Mark Application Process

Other

Definitions

What is a trademark?

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Back to the Contents

What is a service mark?

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Back to the Contents

What is a certification mark?

A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

Back to the Contents

What is a collective mark?

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

Back to the Contents

Basic Questions

Do I need to register my trademark?

No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Back to the Contents

What are the benefits of federal trademark registration?

  1. Constructive notice nationwide of the trademark owner's claim.
  2. Evidence of ownership of the trademark.
  3. Jurisdiction of federal courts may be invoked.
  4. Registration can be used as a basis for obtaining registration in foreign countries.
  5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Back to the Contents

Do I have to be a U.S. citizen to obtain a federal registration?

No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.

Back to the Contents

Where can I find trademark forms?

You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. You may also use TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness over the Internet.  Using e-TEAS you can then submit the application directly to the USPTO over the Internet, paying by credit card or through an existing USPTO deposit account.  Or using PrinTEAS, you can print out the completed application for mailing to the USPTO, paying by check or money order or through an existing USPTO deposit account (credit cards currently are not accepted for paper filings).  It's your choice!  Both e-TEAS and PrinTEAS are available from http://teas.uspto.gov/indexTLT.html.  You may also contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure. If you live in Northern Virginia, the number is (703) 308-9000.

Back to the Contents

Where can I get basic trademark information?

You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. You may also use TEAS - the Trademark Electronic Application System - to fill out an application form and check it for completeness over the Internet.  If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357.

Back to the Contents

Where can I ask a question about trademarks?

If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357.

Back to the Contents

Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?

No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.

Back to the Contents

When is it proper to use the federal registration symbol (the letter R enclosed within a circle -- ® ) with the mark.

The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]

Back to the Contents

Do I need an attorney to file a trademark application?

No, although it may be desirable to employ an attorney who is familiar with trademark matters. You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. Many applicants find it beneficial to search a mark (to see if there are any registered, pending, or previously used marks) before filing a trademark application. You can search our trademark database on the World-Wide Web at. http://tess.uspto.gov. Word marks (marks consisting only of words) may be searched at one of the many Patent and Trademark Depository Libraries (PTDLs) located throughout the United States. For a listing of these locations, please click here PTDLs. You must actually go to the library itself and perform the search yourself. However, the Patent and Trademark Depository Librarians are extremely helpful in getting you started. Searches can also be performed at the Patent and Trademark Office at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. If you need to locate an attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties.

Back to the Contents

What constitutes interstate commerce?

For goods, "Interstate commerce" involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, "interstate commerce" involves offering a service to those in another state or rendering a service which affects interstate commerce (e.g. restaurants, gas stations, hotels, etc.).

Back to the Contents

How do I find out whether a mark is already registered?

In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. Searches can be performed at our offices at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. Also, word marks may be searched at over 70 Patent and Trademark Depository Libraries located throughout the country. For a listing of these locations, please click PTDL.

Back to the Contents

Is a federal registration valid outside the United States?

No. Certain countries, however, do recognize a United States registration as a basis for registering the mark in those countries. Many countries maintain a register of trademarks. The laws of each country regarding registration must be consulted.

Back to the Contents

Searching

Is it advisable to conduct a search of the Office records before filing an application?

Yes. The Patent and Trademark Office (PTO) Public Search Library for trademarks is located at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. The Public Search Library is open between 8:00 a.m. and 5:30 p.m. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Back to the Contents

Can the Office conduct a search for an applicant?

No. After a trademark application is filed, the Patent and Trademark Office (PTO) will conduct a search of the records as part of the official examination process. The official search is not done for the applicant but rather to determine whether the mark applied for can be registered. It is advisable to search the records before filing the application. A search may be conducted on the World-Wide Web at http://tess.uspto.gov, or by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Back to the Contents

Can trademarks be searched on-line?

We now offer on-line searching of our trademark database, at http://tess.uspto.gov.

Back to the Contents

Where can I conduct a trademark search?

Searches may be conducted on-line at http://tess.uspto.gov, or by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Back to the Contents

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

Back to the Contents

What is a common law search? How can I do one? Is doing a common law search necessary?

A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search.

Back to the Contents

In searching the trademark data base on the Web there are records that appear to be a registrations but the registration numbers are shown as 0000000. Is this an error?

No, this is not an error. The registration number 0000000 is associated with PTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number.

There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the PTO for reference and informational purposes. During the PTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].

Back to the Contents

Trademarks, Patents & Copyrights

How do I find out if I need patent, trademark and/or copyright protection?

Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services.

Back to the Contents

How do I register a copyright?

The Patent and Trademark Office (PTO) does not handle the registration of copyrights. The Copyright Office is part of the Library of Congress (202-707-3000). For more information, click on Copyright Office.

Back to the Contents

Trademark/Service Mark Application Process

How do I obtain a federal trademark registration?

A registration may be applied for by filing a properly executed application with the Patent and Trademark Office (PTO). The application, and any accompanying communications, should be addressed to "Assistant Commissioner for Trademarks, Box New App/Fee, 2900 Crystal Drive, Arlington, VA 22202-3513." You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site.

Back to the Contents

Who may file an application?

Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

Back to the Contents

Do I have to use the application form provided by the Office?

No, but the format used must comply with all Patent and Trademark Office (PTO) requirements. The prepared PTO form is provided as a convenience. The PTO recommends use of the form to avoid the omission of important information.

Back to the Contents

Can a fax copy or photocopy of an application be filed?

Yes. However, there is no provision for filing an application by means of facsimile transmission, i.e., by "faxing" it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery.

Back to the Contents

Can I fax in my application?

There is no provision for filing an application by means of facsimile transmission, i.e., by "faxing" it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery.

Back to the Contents

What is a specimen?

A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8" x 11". ONE SPECIMEN IS REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION.

Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. §1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. §1051(c) , or the Statement of Use, 15 U.S.C. §1051(d), in applications based on a bona fide intention to use the mark in commerce, Section 1(b), 15 U.S.C. §1051(b). Specimens are not required for applications based on Section 44 of the Trademark Act (for owners of foreign trademark applications and registrations), 15 U.S.C. §1126.

Back to the Contents

What is the drawing?

The "drawing" is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used, i.e., as shown by the specimens. In the case of an application based on a bona fide intention to use, Section 1(b), 15 U.S.C. §1051(b), the drawing must show the mark as the applicant intends to use it. In an application based on a foreign application or foreign registration, Sections 44(d) or 44(e), 15 U.S.C. §§1126(d) and (e), the drawing must depict the mark as it appears or will appear on the foreign registration. The applicant cannot register more than one mark in a single application. Therefore, the drawing must display only one mark.

Back to the Contents

If an applicant submits specimens, is a drawing still required?

Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and ultimately, on the registration certificate itself. Specimens, on the other hand, are required as evidence that a mark is in actual use in commerce.

Back to the Contents

Do I need an attorney to file my application?

No, but an applicant is responsible for observing and complying with all substantive and procedural issues and requirements whether or not represented by an attorney. The Patent and Trademark Office (PTO) cannot select an attorney for an applicant. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association.

Back to the Contents

On what bases can a foreign applicant file an application for registration?

  1. Use in interstate commerce or commerce between the United States and a foreign country.
  2. Bona fide or good faith intention to use the mark in interstate commerce or commerce between the United States and a foreign country.
  3. Ownership of an application filed in a foreign country (if within six months of the foreign filing date).
  4. Ownership of a foreign registration (with a certified copy).

Back to the Contents

Can the Office refuse to register a mark?

Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered.

Additionally, Section 2 of the Trademark Act (15 U.S.C. §1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as:

  1. the proposed mark consists of or comprises immoral, deceptive, or scandalous matter;
  2. the proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
  3. the proposed mark consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any State or municipality, or of any foreign nation;
  4. the proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual's written consent; or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow;
  5. the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services are likely to cause confusion, mistake, or deception;
  6. the proposed mark is merely descriptive or deceptively misdescriptive of applicant's goods or services;
  7. the proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of applicant's goods or services;
  8. the proposed mark is primarily merely a surname; and
  9. matter that, as a whole, is functional.

Back to the Contents

Can I get a refund of monies paid to the Office?

Not usually. Only money paid by mistake or in excess (that is, paid when not required, or not required in the amount paid) may be refunded. A filing fee will be returned if submitted with a defective application which is denied a filing date. However, once the application receives a filing date, the filing fee will normally not be returned. All requests for refunds should be referred to the Finance Office, or the Examining Attorney assigned.

Back to the Contents

How can I check on the status of a pending U.S. trademark application?

Once you receive a filing receipt containing the serial number of your application, you may check on the status of a pending case by calling our status line at (703) 305-8747.  You may also check the status of applications and registrations through the Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at http://tarr.uspto.gov .

Back to the Contents

How long does it take for a mark to be registered?

It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. The filing receipt will include the serial number of the application. All future correspondence with the PTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained by dialing: (703) 305-8747, or by accessing Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at http://tarr.uspto.gov . Applicants should check on the status of their pending applications every six months.

Back to the Contents

How long does a trademark registration last?

For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration.  The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee.

The registrant must also file a §9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee.

Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term.

This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.

Back to the Contents

When did the renewal period change from twenty to ten years?

November 16, 1989. Registrations issued on or after November 16, 1989 have a ten-year term, renewable every ten years.

Back to the Contents

How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?

An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted.

Back to the Contents

What are the different classes of goods and services?

Goods

Class 1

Chemicals

Class 2

Paints

Class 3

Cosmetics and cleaning preparations

Class 4

Lubricants and fuels

Class 5

Pharmaceuticals

Class 6

Metal goods

Class 7

Machinery

Class 8

Hand tools

Class 9

Electrical and scientific apparatus

Class 10

Medical apparatus

Class 11

Environmental control apparatus

Class 12

Vehicles

Class 13

Firearms

Class 14

Jewelry

Class 15

Musical Instruments

Class 16

Paper goods and printed matter

Class 17

Rubber goods

Class 18

Leather goods

Class 19

Nonmetallic building materials

Class 20

Furniture and articles not otherwise classified

Class 21

Housewares and glass

Class 22

Cordage and fibers

Class 23

Yarns and threads

Class 24

Fabrics

Class 25

Clothing

Class 26

Fancy goods

Class 27

Floor coverings

Class 28

Toys and sporting goods

Class 29

Meats and processed foods

Class 30

Staple foods

Class 31

Natural agricultural products

Class 32

Light beverages

Class 33

Wine and spirits

Class 34

Smokers' articles

Services

Class 35

Advertising and business

Class 36

Insurance and financial

Class 37

Building construction and repair

Class 38

Telecommunications

Class 39

Transportation and storage

Class 40

Treatment of materials

Class 41

Education and entertainment

Class 42

Miscellaneous

Back to the Contents

Other

What is the Trademark Electronic Application System (TEAS)?

The United States Patent and Trademark Office (USPTO) is pleased to present TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness over the Internet. Using e-TEAS you can then submit the application directly to the USPTO over the Internet, paying by credit card or through an existing USPTO deposit account.  Or using PrinTEAS, you can print out the completed application for mailing to the USPTO, paying by check or money order or through an existing USPTO deposit account (credit cards currently are not accepted for paper filings). It's your choice!  Both e-TEAS and PrinTEAS are available from http://teas.uspto.gov/indexTLT.html.

Back to the Contents

How do I contest someone else using a trademark similar to mine?

There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. For information about proceedings before the Trademark Trial and Appeal Board, click on TBMP.

Back to the Contents

What official publications and electronic information products are available concerning trademarks?

The following trademark-related products are available for sale from our Office of Electronic Information Products, which offers the following products:

TRADEMARK PRODUCTS ]

Basic Facts About Trademarks

Cassis Sampler: Samples of CD-ROM Products Published by USPTO

CD-ROM Documentation

Code of Federal Regulations, Title 37; Patents, Trademarks, and Copyrights

Contractor's Reports of Status Listings

Forms

Goods and Services Manual

Index of Trademarks Issued From the United States Patent and Trademark

Office

Listing of Applications for Renewal of Registrations

Official Gazette (OG) of the United States Patent and Trademark Office -

Trademarks

Patent and Trademark Office Notices

Presentation Trademark

Trademark Annual Assignment File

Trademark Annual Dead Text File

Trademark Annual Live Text File

Trademark Manual of Examining Procedure (TMEP), Second Edition

Trademark Search Branch Bulletin

Trademark Status Changes File

Trademark Trial and Appeal Board (TTAB) File

Trademark Trial and Appeal Board (TTAB) Manual of Procedure

Trademark Weekly Image Files

Trademark Weekly Text File

Trademarks ASSIGN: US Trademarks Assignments Recorded at the USPTO

Trademarks ASSIST: Full Text of Trademark Search Tools

Trademarks PENDING: Bibliographic Information from Pending US Trademarks

Trademarks REGISTERED: Bibliographic Information from Active, Registered US Trademarks

USAMark: Facsimile Images of Registered United States Trademarks

X-Search User Manual

The Office of Electronic Information Products may be reached at 703-306-2600. For a complete list of all Patent and Trademark Office products, click on PTO Products.

The following publications are also available:

Basic Facts About Trademarks, available free of charge from the U.S. Patent and Trademark Office. Call 1-800-786-9199 or, if in northern Virginia, (703) 308-9000. Or, you may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site.

Trademark Manual of Examining Procedure (TMEP), (Revised ed. 1997), available on a subscription basis from: Superintendent of Documents, U.S. Government Printing Office, Box 371954, Pittsburgh, PA  15250-7954
((202) 512-2250).

Official Gazette of the U.S. Patent and Trademark Office, available from Superintendent of Documents, U.S. Government Printing Office , Box 371954, Pittsburgh, PA  15250-7954 ((202) 512-2250) (not available in electronic format).

International Classification of Goods and Services for the Purposes of Registration of Marks, (7th ed. 1996) available from: World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, 1211 Geneva 20 Switzerland.

U.S. Patent and Trademark Office Acceptable Identification of Goods and Services Manual (ID Manual), (Revised ed. 1997), Superintendent of Documents, U.S. Government Printing Office, Box 371954, Pittsburgh, PA  15250-7954
((202) 512-2250).

Back to the Contents

What is a PTDL (Patent and Trademark Depository Library)?

A Patent and Trademark Depository Library (PTDL) is a library which is designated by the US Patent and Trademark Office (PTO) to receive and house copies of US patents and patent and trademark materials, to make them available to the public, and to disseminate both patent and trademark information. To be designated, a library must meet specific requirements and promise to fulfill certain obligations.

Patents and trademarks (word marks only) may be searched at the PTDLs. Please note that the Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the searches for you. They will, however, provide you with the information you need to get started.

For more information about the Patent and Trademark Depository Library Program, click on PTDL.

Back to the Contents

How do I register to practice before the Patent and Trademark Office?

It is not necessary to register to practice before the Patent and Trademark Office (PTO) in trademark matters. Any attorney admitted in a U.S. state or territory can practice before the trademark side of the PTO. Non-lawyers can practice only in the limited circumstances set forth in Rule 10.14(b).

For information about registering to practice in patent cases before the PTO, click on Patent Practice.

Back to the Contents

Is the name of a band a trademark?

Yes, band names would be considered trademarks, or more appropriately service marks, for entertainment services in the nature of performances by a [type of music specified] band.

Back to the Contents

Can a minor file a trademark application?

This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant.

Back to the Contents

Can the ownership of a trademark be assigned or transferred from one person to another?

Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee. Specific inquiries should be referred to the Assignment Division (703-308-9723). [NOTE: Certain exceptions exist concerning the assignment of Intent-to-Use applications.] For the guidelines for filing an assignment and the assignment form itself, click on Assignments.

Back to the Contents

My spouse owned a trademark registration and has since died. Do I own it now?

Perhaps. Because this depends on state law, the Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties.

Back to the Contents

What are some suggestions to facilitate filing a trademark application and/or contacting the Patent and Trademark Office (PTO)?

When filing papers of any kind with the PTO, include a stamped, self-addressed post card listing the mark, the serial number or registration number (if known) and the contents of the filing, such as the "drawing" page, one specimen for each class, a check for the filing fee, etc.

Carefully review all documents before filing to make sure all issues have been addressed and all the necessary elements are included.

Do not file large or "bulky" specimens. Rather, submit a picture of the mark on the specimen. Bulky specimens are specimens that are larger than 8 1/2" by 11" and which do not lie flat. The PTO encourages applicants to send photographs of the goods, as long as the mark is clear from the photograph.

Place the serial number or registration number (once known) on each paper or exhibit filed, including any required checks. If, for some reason neither number is available, please put some other identifying information on the correspondence (e.g., mark, name of applicant, filing date).

Inform the PTO of any change in correspondence address as soon as possible.

Use the status line (703-305-8747), or the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov , to check on the status of any application.

Back to the Contents

Last Modified: February 22, 2001

Copyright

Patent

Trademark

Trade Secret

Consumer Law

Forms Genie SM

Licensing

Litigation

IP Links

Consumer Law Links

Glossary

About You

About Me

News

Home

© 1998-2006 Elizabeth Shieldkret.
All Rights Reserved
No claim to government works.