Basic Facts About Trademarks

TRADEMARK, COPYRIGHT OR PATENT?

What is a trademark or service mark?
Do Trademarks, Copyrights and Patents protect the same things?

SHOULD I REGISTER MY MARK?

Is registration of my mark required?
When can I use the trademark symbols TM, SM and ®?

WHAT DOES THE USPTO DO?

HOW DO I FILE A TRADEMARK APPLICATION?

Is there a form for filing my application?
Are there other ways to file besides the Internet?
Must I hire an attorney?

WHAT MUST THE APPLICATION INCLUDE?

·  NAME OF THE APPLICANT

Do I have to be a U.S. citizen to apply?

·  NAME AND ADDRESS FOR CORRESPONDENCE

·  DEPICTION OF THE MARK ("THE DRAWING")

What is a "standard character" drawing?
What is a "stylized or special form" drawing?
What if I want to show color on the drawing?

·  GOODS AND/OR SERVICES

Can I change the goods and/or services after filing my application?

·  APPLICATION FILING FEE

·  BASIS FOR FILING

What is "use in commerce"?
What is "intent to use"?
Is there any other possible filing basis?

·  SPECIMEN

What is a "specimen" of use?
What is a proper specimen for use of a mark on goods (products)?
What is a proper specimen for use of a mark with services?
How do I file the specimen?
When do I file the specimen?

·  SIGNATURE

Who can sign the application?
How do I sign a TEAS application?

WHAT HAPPENS AFTER I FILE MY APPLICATION?

·  LEGAL AND PROCEDURAL REVIEW OF APPLICATION

Does the examining attorney search for conflicting marks?
Can I search for conflicting marks before filing?
Are there other reasons the examining attorney might refuse my mark?

·  PUBLICATION FOR OPPOSITION

·  CERTIFICATE OF REGISTRATION OR NOTICE OF ALLOWANCE

ADDITIONAL REQUIREMENTS FOR "INTENT TO USE" APPLICATIONS

What is an Allegation of Use?
When do I file an Allegation of Use?
Is there a deadline for filing the Statement of Use after the Notice of Allowance issues?
What is a Request for an Extension of Time to file a Statement of Use?

MAINTAINING A FEDERAL TRADEMARK REGISTRATION

USPTO CONTACTS FOR MORE INFORMATION

OTHER TRADEMARK RESOURCES

United States Patent and Trademark Office Homepage
Patent and Trademark Depository Libraries (PTDL)
International Schedule of Classes of Goods and Services
Fees for Filing Trademark-Related Documents