Categories
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