You are on page 1of 2

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one

party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term trademark is often used to refer to both trademarks and service marks. Must all marks be registered? No, but federal registration has several advantages, including a 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. A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed

The Trademark Operation of the United States Patent and Trademark Office

(USPTO) handles trademarks only. For information on patents, please visit Patents or contact 800-786-9199. For information on copyrights, please contact the U.S. Copyright Office (a division of the Library of Congress).

Renew the trademark before the expiration period. The period for Section 8 renewal is five or six years; the period for combined Section 8 and 9 renewal is 10 years. If the trademark holder fails to file for a renewal, the trademark registration is lost. Search for existing trademarks. Each trademark must be unique to be accepted for registration. The search can be conducted online at no charge through the USPTO website. Submit the online application. The application must include a description of the mark and the date it was first used, along with a drawing of the trademark, samples demonstrating how the trademark will be used and the application fee.
FEES: The filing fee for your application will be based on the following: 1. NUMBER OF MARKS: Only ONE mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee. 2. NUMBER OF CLASSES: You must pay for each class of goods and/or services in

the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 and t-shirts in Class 25, then a filing fee for two classes is required before the application could be approved.

1. 3. VERSION OF THE FORM BEING USED: The application filing fee

for the TEAS Plus version of the form is $275 per class of goods and/or services, but with stricter requirements, while regular TEAS is $325 per class. NO FEE REFUNDS: The filing fee is a processing fee that the USPTO will NOT refund, even if you ultimately do not receive a registration for your mark. Registration is NOT automatic and requires legal review by an examining attorney. Please take all necessary steps to ensure your mark is registrable before filing an application. 2. If you file based on Section 1(b), intent to use, you must file an allegation of use form (statement of use/amendment to allege use), including the required fee, before a registration may issue. This is a required filing even if you were using the mark before the filing date of the application. If, in fact, proper use has been made before the filing date of the application, then you should select the Section 1(a), use in commerce, basis, and attach your specimen showing use of the mark. Please consider watching the specimen instructional video before selecting the filing basis for your application. 3. The trademark must be shown on the item where it will be when it published example:( if the trademark is shown on the shirt and Tag when you intend to sell the item then that is how it needs to be when shown 3. Certification Mark Application, Principal Register [< This is the direct link to the electronic form.]

1. Use this form to file an initial application to register a certification mark,

which is a mark that is used or intended to be used by authorized parties to show that goods or services have been certified, namely, to meet certain qualifications and standards. That is, a certification mark certifies regional or other origin of goods or services, as well as certifies other characteristics of goods or services, or certifies that the work or labor for the goods or services was performed by a particular group). A copy of the certification standards will be required. For more information on a certification mark, see Trademark Manual of Examining Procedure Section 1306.01 et seq.

You might also like