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Intellectual Property TEAS plus Trademark Trademark Application

TEAS Explained, Page-by-Page

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Fill out the application (TEAS plus) form.

Page 1: General Info
Page 2: Applicant Info
Page 3: Mark Info I
Page 4: Mark Info II
Page 5: Correspondent Info
Page 6: Signature Page

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Intellectual Property TEAS plus Trademark Trademark Application U.S. Trademark

$225 to Register a Trademark?

We have discussed the importance of trademark in “Amazon Suggests Branding for All“, and compared good and bad trademarks in “How often do you Google your trademark“. This time, we will learn about how to register a trademark.

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Intellectual Property TEAS plus Trademark Trademark Application

Pay and Submit

Common questions:
quick-review

What you see on this page is a summary of your application.

Here you can pay and submit your application, which officially "file" your application with the USPTO. If you have any question with this process, you should contact the USPTO directly.

 

You need someone to review your work? Get It Done

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Intellectual Property TEAS plus Trademark Trademark Application

(6) Signature Page

Page #6 is where you sign off your trademark application.

The USPTO accept an electronic signature in the form of any letter/number closed within forward slashes. For example,

/John Smith/

is an acceptable signature for Johnathan L. Smith.

TEAS plus P6

Signatory Position is your relationship to the trademark owner, which is often a legal entity (such as Inc. and LLC). You can put down your work title if the trademark owner is a company. Or if the owner is you as individual, simply "Owner."

Because it's technically the last page of the form, you should "validate" the form. What it does is, it confirms that you electronically signed your form.

Use teas_button_validate validate, to finish up your trademark form.

 

That's it. Go back to see other topics in Trademark Application.

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Intellectual Property TEAS plus Trademark Trademark Application

(5) Correspondent Information

Common questions:
correspondent-information

TEAS plus P5

Page #5 is for correspondent's information.

If you're doing it DIY, your form is automatically completed based on the applicant information on Page #2. Unless your applicant information include foreign address, you can simply move on to the next page without doing anything using TEAS_Continue_Button button.

 

Do you need an agent who take care of USPTO correspondences? Get It Done

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Intellectual Property TEAS plus Trademark Trademark Application

(4) Mark Information II

On this page #4, you will describe the product or service you're selling. Is it a good or a service? What international class does the good/service fall under? And how do you describe the good/service in detail? To answer the questions, you need to know "what it is" that you sell.

TEAS plus P4

 

Is it GOOD or SERVICE?

For example, if you're a handyman doing business as the "Household Geek." It doesn't matter that you occasionally sell parts and tools to the customer because what customers ultimately get under the mark "Household Geek" is handyman services. So, it's considered a Servicemark by the USPTO.

 

INTERNATIONAL CLASSES

Handyman service would fall under the international class "037: building construction and repair." Classes exist for administrative convenience, so you have to fit your however unique good/service into one of them. You can use your mark for goods/services in two or more international classes. In this case, you can simply select multiple classes in an application and pay application fees per class.

 

DESCRIPTION

Under a class, you will find many different services. One of the description in the class 037 is "Handyman service, namely, building repair and maintenance." This probably is a suitable description of the Household Geek servicemark. To keep the application fee low at $225 (TEAS plus), you should choose among the prescribed descriptions included in USPTO's Trademark ID Manual. However, if you find no appropriate description, you can ask the USPTO (before filing the application) to add a new description in the Manual.

You need to find an appropriate description and international class for your good/service.

Click teas_button_add_goods_services to search the Trademark ID Manual. Now, you will see this.

teas_p4_001

Type "handyman" in the box next to "Search for:" just like the below. And hit "Go."

teas_p4_search_for

Conveniently there's only one entry for "handyman" in the entire Manual.

teas_p4_002

Now you can check the box next to the International Class code 037, and click "Insert Checked Entries." Often you will get multiples results, and some descriptions fall under multiple classes.

You should focus on what your customers are getting from you, and choose an international class accordingly. And you are free to choose multiple descriptions, but you don't have to choose multiple descriptions and classes just because your good/service can function in a described way or somehow fit the description.

 

Found multiple classes and not sure which one to choose? Get It Done

Filing Basis

After inserting a class, you will be required to select a filing basis for the class. (If you're filing for multiple classes, you simply repeat the following steps.)

teas_p4_003

Because you are already using your mark, select teas_button_section1a. If you haven't used it, you can select Section 1(b) and filing the specimen at a later time and pay an extra fee for that.

teas_p4_004
Here, you upload an image file of your specimen and provide the date when you first used your mark.

 

You've been using it, but not sure it can be a filing basis? Ask a lawyer

Attach Specimen

Specimen is a photo image (JPG or PDF) of your mark appearing with/on your product. For example, let's say you sell smartphone cases made of wood. Its design concept is minimalism, so the cases do not carry any mark on them. However, they are packaged in boxes with prints of your mark. In this case, you take a picture of your mark on the box.

On your online storefront, your trademark would be shown with the products. If the proximity and relationship between the mark and the product image is obvious from the display, a screen-capture of your website can be a specimen.

You can take a picture or capture an image, but it's important that you shouldn't zoom in too much to only show the mark itself or zoom out to leave out the details of your mark.

On the other hand, obviously you can't get photographs of a servicemark this way. If (and only if) your mark is for service, you can use your mark appeared in an advertisement or brochure among others.

teas_button_attach_remove_specimen button lets you upload your image file.

 

What works best for a specimen? Ask a lawyer

Description of Specimen

Unless the style/design of your trademark needs some extra explanation, you may briefly describe how the mark is appeared in connection with your product on the specimen. If your trademark has style/design features, don't forget to fully explain the specimen.

 

Are you not sure if all elements are described? Ask a lawyer

Dates of first use

There are two different dates ("anywhere" and "in commerce"), which can be identical. You want to use the earliest date you can prove your use. And to satisfy "use," you need to actually sell or transport goods or provide services.

As opposed to "use anywhere," "use in commerce" requires that your activity was not limited within a single state. But most transactions nowadays involve another state or another country. For example, if you're selling a product made in China, your good already crossed the state boarder, which counts for a use in commerce. For servicemark, if you offered a service through the internet, your use already reached beyond your home state.

teas_button_assign_filing_basis button saves the progress and brings you back to the previous page.

 

Heard of "token use" and you're concerned? Ask a lawyer

Categories
Intellectual Property TEAS plus Trademark Trademark Application

(3) Mark Information I

Let's take a look at Page #3. It's about your mark.

TEAS plus P3 Full

Mark type: (Standard Character)

If you have no design/aesthetic features in your mark (i.e. it's just letters), leave the default value (of Standard Characters) alone shown as below.
teas_p3_001

 Not sure if you have a design feature or not? Ask a lawyer

Enter the mark here: (Standard Character)

Type your letters in the blank. Capital/small letters don't matter because it will be registered as all caps.

TEAS_P3_img_002

You can use Preview_USPTO-Generated_Image button to preview your mark as it would appear in the registration record.

Does the preview fully represent what your mark is? If you would like to have a specific font or color, that's a design/aesthetic feature. Also, if you want to include anything other than shown in the USPTO-Generated Image, you should consider using "Special Form".

If the image doesn't seem "quite" right, it might be a bad sign. Get It Done

Mark Type: (Special Form)

If you select "Special Form" as your Mark type, the form will adapt to your choice as below.

teas_p3_004

You should be careful because choosing a special form tends to reduce the extent of your trademark rights. Make sure you have read "You can call your coffee house “The Coffee House,” but …" Special form does have its own merit.

 

Standard or Special?  Ask a lawyer

Attaching image and explaining it (Special Form)

Now you have more things to do although it's not too complicated. Let's take a close look using an example. Via "Choose File" and "Attach" buttons, an image of IPfever logo has been uploaded. And the rest of the form is filled out accordingly as shown below.

TEAS_P3_img_005For Special Mark, you should be extra careful because this might limit your trademark rights. Make sure you are thorough with IPfever's Basics of Trademark in 10 minutes and USPTO's Trademark Basics. You should thoroughly consider the pros and cons of including design/aesthetic features in your registered mark.

 

Hard to describe design features in words? Get It Done

Additional Statement

You are not done yet. There's an important, but rather inconspicuously shown, message at the bottom. (Yes, you may go south in TEAS plus.)

teas_p3_006

This "Additional Statement" is only required for some cases, but a failure to include required Statements would disqualify your application of TEAS plus status (and extra fees and processing time will be due). A non-exhaustive but simple test is "whether your mark has an international element." If the answer is yes, you might need an additional statement. Another useful test is " whether you feel some important aspect of your mark is left out during application process." Submitting all necessary documents not only prevents unnecessary cost and delay but also maximizes your trademark rights.

 

Do you need a survey of your trademark for additional statement? Get It Done

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Intellectual Property TEAS plus Trademark Trademark Application

(2) Applicant Information

Page #2 has more questions; most of them self-explanatory.

TEAS plus P2

"Owner of Trademark" & "Entity Type":

You don't necessarily put down your name or your company's name as the "Owner of Mark." The answer depends on the type of business and can be complicated when there are more than one owner.

Not sure who should be the owner? Ask a lawyer

All other questions

The rest of the questions ask Applicant's contact information. Contact information is very important for trademark prosecution because the Office will contact you about your application when something is wrong. Unless you provided a correct information and proved that you were not at fault regarding the loss of correspondence, missing due dates for required action will cost you extra money and potentially your trademark right.

Want someone to handle all correspondences? Get it Done

Categories
Intellectual Property TEAS plus Trademark Trademark Application

(1) General Information

Common questions:
trademark-DIY
IPfever-way

Take a look at Page #1 of TEAS plus form. At the very bottom, there are two questions.

TEAS plus P1

Question #1 asks if you're an attorney.

It's automatically marked "Yes." Because you're not an attorney, you should choose "No."

 

Not sure if you can do it alone? Re-visit "Should you hire an attorney?"

Question #2 asks if you wish to open an application previously filled-out and saved in your computer.

If you completed TEAS form before, you might have a save file. If you open the file, the form will be automatically filled out with your old answers. Otherwise, you can just ignore this question. By the way, you can save your answers to the form only at the last stage of the form.

When you are done, you can use  button to save your answers and proceed to next page.

 

Simply not comfortable with all those buttons? "Get It Done" by a professional