Apply online | USPTO1. Initial application forms To apply for a trademark/servicemark on the Principal Register, a trademark/servicemark on the Supplemental Register, and other types of marks (certification, collective, collective membership)2. Response forms. To respond to: a Law Office examining attorney letter (an "Office action") (a non- final or final action, including a suspension inquiry/letter of suspension or a request to submit a "substitute form" where the wrong form type was initially filed); an Intent- to- Use Unit (ITU) Office action; a Post- Registration Division Office action; a Petitions Office letter 3. Intent- to- use (ITU) forms. To file a Statement of Use (SOU) and convert an ITU application to actual use after a notice of allowance (NOA) issues; or to file an extension request after a NOA issues; or to file an Amendment to Allege Use (AAU) and convert an ITU application to actual use before a NOA issues; or to respond to an Intent- to- Use Unit Office action. Note: To file a new application having an “intent- to- use” filing basis, you must access the form at #1., above. Post- approval/publication/post- notice of allowance (noa) amendment forms. To request amendment (1) after an application has been approved for publication or actually published; (2) after an extension of time to oppose has been filed; or (3) after a notice of allowance (NOA) has issued; or to delete a Section 1(b) basis after a NOA issues. Note: For additional information on actions that may be taken after a Notice of Allowance has issued (e. More. Info_SOU_EXT. Correspondence and attorney/domestic representative forms. ![]() To file: a change of correspondence address, a change of owner's address, or a change of domestic representative's address; a withdrawal of attorney or domestic representative; a revocation/appointment of attorney/domestic representative; a request to replace attorney of record with another already- appointed attorney. Note: For additional information on use of the various online TEAS forms for the withdrawal, removal, replacement, or appointment of an attorney of record, see the Practice Tip. 6. Petition forms. To file: a petition to revive an abandoned application; a petition to amend the basis of an application after publication; a petition to the Director under Trademark Rules 2. Petitions Office letter. Miscellaneous forms. To file: a voluntary amendment prior to publication that is not in response to USPTO Office action/Letter; a request that the application examination process be terminated (an "express abandonment"); a request to divide an application NOT filed with an allegation of use (to file WITH an allegation of use, see the overall category "Intent- to- use (ITU) forms," above) 8. Registration maintenance/renewal/correction forms. To make required maintenance filings between the 5th and 6th year after the registration date (Section 8) and between the 9th and 1. Section 8 & 9); to claim that a mark is now incontestable (Section 1. Section 7); to surrender a registration; to request to divide a registration; to file a Section 1. Section 7. 1 for a registered extension of protection (Madrid Protocol); to respond to a Post- Registration Division Office action 9. · Sample Confidentiality. In the context of an IP license. Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery;. The Wingdings trademark is owned by. and city skyline, referring to the I Love New York. an email was circulated claiming that entering "Q33 NY". United States Patent and Trademark Office. Agriculture, National Security and License & Review; TC 3700 - Mechanical Engineering, Manufacturing. Trademark basics. News, email and search are just the beginning. Discover more every day. Find your yodel. Our smart solutions help your institution access, share, and analyze content. Assignment forms. To file: assignments; change of name; other conveyances of title 1. Trademark Trial and Appeal Board forms. To file all submissions to the Trademark Trial and Appeal Board; e. Madrid Protocol forms. To file: an application for International Registration; a subsequent designation; a response to notice of irregularity; a request for replacement or transformation. A license is a contractual right that gives someone permission to do a certain activity or to. The US Patent and Trademark. New York,NY 10001. UpCounsel provides direct access to clients. NY. Philadelphia, PA. San. I love that I can exchange messages with a prospective client on my phone while I. Brown & Michaels Your Trademark. Our knowledge protects yours" are registered service marks of Brown & Michaels, PC. departments dearly love generic marks. · Learn about the issues facing women in business. How to Get a Local Business License and Special Permits. Article. ![]() Trademark basics | USPTOWhat Every Small Business Should Know Now, Not Later. What you should know before filing: This video is a must for anyone interested in starting a business to sell a product or offer a service. It highlights the important role of trademarks in that process, including a discussion of how trademarks, patents, copyrights, domain names, and business name registrations all differ. It gives guidelines on how to select the right mark- -- one that is both federally registrable and legally protectable. It also explains the benefits of federal registration and suggests free and reduced- price resources that can help you with your trademark. By the end of the video, you'll understand why having a trademark component of your business plan is critical to your success. NOTE: The run time for this video is approximately 4. If you do not have time to watch at one time, you may wish to watch the Basic Facts about Trademarks animated series, which covers the same information using user- friendly visuals in shorter video segments. Alternatively, if you wish to read the information (instead of watch a video), you may download the Basic Facts About Trademarks booklet that covers the same material. After watching this video, if you have any questions about proper mark selection (one that is both federally registrable and legally protectable) or the benefits of federal registration, please feel free to email TMFeedback@uspto. The Office may answer general questions, but may not provide specific legal advice. For legal advice, please consider contacting a private attorney who specializes in intellectual property. Before filing your application, be sure to watch the Trademark Information Network (“TMIN”), the USPTO’s news broadcast- style video series that covers important topics and critical application filing tips. NOTA: Si prefiere ver la versión de estos videos subtitulada en español, visite la Página de Recursos en Español para Registrantes de Marcas. Note por favor, que estos materiales se le proveen de cortesía y que todas las formas y comunicación de la Oficina serán en inglés. Enhanced Accessibility Version of the "Basic Facts About Trademarks" Video [run time: 4. Printable transcript of video What Is a Trademark or Service Mark and How Do They Differ From Patents and Copyrights? A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. This animated video explains how trademarks, patents, copyrights and also domain names and business names all differ. Enhanced Accessibility Version of the "Basic Facts: Trademarks, Patents, and Copyrights" Video [run time 1. Printable Transcript of Video. It is important to understand whether you should file for a trademark/service mark, a patent, and/or a copyright. While all are types of intellectual property, each protects something very specific. In addition to watching the video above, you can study how trademarks, patents, and copyrights differ to ensure you are making the proper filing decision at the outset of the filing process. How Do I Select a Strong Mark? It is vitally important that you select or create a trademark that is both federally registrable and legally protectable. This animated video will help you understand how a strong trademark identifies the source of your goods and services, as well as distinguishes them from the goods and services of others. Enhanced Accessibility Version of the "Basic Facts: Selecting a Mark" Video [run time: 1. Printable Transcript of Video Should I Register My Trademark? Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. This animated video explains the benefits of a federal trademark registration and how to put people on notice that your mark is registered with the USPTO. Enhanced Accessibility Version of "Basic Facts: Should I Register" Video [run time 8: 1. Printable Transcript of Video Hire a Trademark Attorney or Get Other Help? Although not required, most applicants use private trademark attorneys for legal advice regarding use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration. A private trademark attorney (not associated with the USPTO) may help you avoid many potential pitfalls. This animated video explains what the Trademark Office does and does not do. It also explains what kind of assistance is available to you during the application process, as well as factors to consider when deciding whether to hire an attorney to represent you. Enhanced Accessibility Version of "Basic Facts: How Do I Get Help With My Application" Video [run time: 1. Printable Transcript of Video. To locate an attorney, consult your local telephone listings or contact the attorney referral service of a state bar or local bar association (see American Bar Association's Consumers' Guide to Legal Help). The USPTO cannot provide you with legal advice or help you select an attorney. Attorneys generally charge a fee for their services, but some attorneys and bar associations may offer free or greatly reduced services to financially under- resourced individuals and small businesses. The USPTO has interacted with intellectual property ("IP") law associations to encourage the establishment of such pro bono programs, including the American Bar Association. The International Trademark Association also has a committee dedicated to raising awareness about IP pro bono issues globally. The USPTO's reference of these resources is for informational purposes only. If an attorney is not being used, other possible resources do exist: for general trademark information, please e- mail Trademark. Assistance. Center@uspto. Trademark Electronic Application System (TEAS), please e- mail teas@uspto. Please include your telephone number in your e- mail, so we can talk to you directly, if necessary. You may also seek assistance through a participating law school clinic program or a Patent and Trademark Resource Center. Other Initial Considerations. Before starting the application process, it is important to have clearly in mind (1) the mark you want to register; (2) the goods and/or services in connection with which you wish to register the mark; and (3) whether you will be filing the application based on actual existing use of the mark or a bona fide intention to use the mark in the future. This will make your search of the USTPO database more useful and may simplify the application process. More details on mark types, goods and services, filing basis, and searching are provided in the next four sections. Identifying Your Mark: Select One of Three Possible Formats. An important consideration is the depiction of your mark. Every application must include a clear representation of the mark you want to register. We use this representation to file the mark in the USPTO search records and to print the mark in the Official Gazette (OG) and on the registration certificate. The OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a registration. For further information about this topic, please watch a news broadcast- style video on "Drawing Issues" (video #5 in the Trademark Information Network (TMIN) series). Identifying Your Goods and/or Services. Once you have chosen your mark, you must also be able to identify the goods and/or services to which the mark will apply, clearly and precisely. The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services.
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