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 ________________ | You are here: Home  Trademarks & Service Marks Trademark FAQTrademark FAQ ContentsThe following FAQ is reprinted from the United States Patent & Trademark Office web site.
Basic Questions Searching Trademarks, Patents and Copyrights
Application Process
DefinitionsA trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. What is a service mark? A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. What is a certification mark? A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. What is a collective mark? A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.
Basic Questions Do I need to register my trademark? No. However, federal registration has several advantages including 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. What are the benefits of federal trademark registration? 1. Constructive notice nationwide of the trademark owner's claim. Do I have to be a U.S. citizen to obtain a federal registration? No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration. Where can I find trademark forms? You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. You may also use TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness over the Internet. Using e-TEAS you can then submit the application directly to the USPTO over the Internet, paying by credit card or through an existing USPTO deposit account. Or using PrinTEAS, you can print out the completed application for mailing to the USPTO, paying by check or money order or through an existing USPTO deposit account (credit cards currently are not accepted for paper filings). It's your choice! Both e-TEAS and PrinTEAS are available from http://teas.uspto.gov/indexTLT.html. You may also contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure. If you live in Northern Virginia, the number is (703) 308-9000. Where can I get basic trademark information? You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. You may also use TEAS - the Trademark Electronic Application System - to fill out an application form and check it for completeness over the Internet. If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357. Where can I ask a question about trademarks? If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357. Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks? No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued. When is it proper to use the federal registration symbol (the letter R enclosed within a circle -- ® -- with the mark. The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.] Do I need an attorney to file a trademark application? No, although it may be desirable to employ an attorney who is familiar with trademark matters. You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. Many applicants find it beneficial to search a mark (to see if there are any registered, pending, or previously used marks) before filing a trademark application. You can search our trademark database on the World-Wide Web at. http://tess.uspto.gov. Word marks (marks consisting only of words) may be searched at one of the many Patent and Trademark Depository Libraries (PTDLs) located throughout the United States. For a listing of these locations, please click here PTDLs. You must actually go to the library itself and perform the search yourself. However, the Patent and Trademark Depository Librarians are extremely helpful in getting you started. Searches can also be performed at the Patent and Trademark Office at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. If you need to locate an attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties. What constitutes interstate commerce? For goods, "Interstate commerce" involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, "interstate commerce" involves offering a service to those in another state or rendering a service which affects interstate commerce (e.g. restaurants, gas stations, hotels, etc.). How do I find out whether a mark is already registered? In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. Searches can be performed at our offices at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. Also, word marks may be searched at over 70 Patent and Trademark Depository Libraries located throughout the country. For a listing of these locations, please click PTDL. Is a federal registration valid outside the United States? No. Certain countries, however, do recognize a United States registration as a basis for registering the mark in those countries. Many countries maintain a register of trademarks. The laws of each country regarding registration must be consulted.
Searching Is it advisable to conduct a search of the Office records before filing an application? Yes. The Patent and Trademark Office (PTO) Public Search Library for trademarks is located at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. The Public Search Library is open between 8:00 a.m. and 5:30 p.m. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.) Can the Office conduct a search for an applicant? No. After a trademark application is filed, the Patent and Trademark Office (PTO) will conduct a search of the records as part of the official examination process. The official search is not done for the applicant but rather to determine whether the mark applied for can be registered. It is advisable to search the records before filing the application. A search may be conducted on the World-Wide Web at http://tess.uspto.gov, or by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.) Can trademarks be searched on-line? We now offer on-line searching of our trademark database, at http://tess.uspto.gov. Where can I conduct a trademark search? Searches may be conducted on-line at http://tess.uspto.gov, or by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.) What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration. What is a common law search? How can I do one? Is doing a common law search necessary? A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search. In searching the trademark data base on the Web there are records that appear to be a registrations but the registration numbers are shown as 0000000. Is this an error? No, this is not an error. The registration number 0000000 is associated with PTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number. There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the PTO for reference and informational purposes. During the PTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].
TRADEMARKS, PATENTS AND COPYRIGHTS How do I find out if I need patent, trademark and/or copyright protection? Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services. How do I register a copyright? The Patent and Trademark Office (PTO) does not handle the registration of copyrights. The Copyright Office is part of the Library of Congress (202-707-3000). For more information, click on Copyright Office.
Application Process How do I obtain a federal trademark registration? A registration may be applied for by filing a properly executed application with the Patent and Trademark Office (PTO). The application, and any accompanying communications, should be addressed to "Assistant Commissioner for Trademarks, Box New App/Fee, 2900 Crystal Drive, Arlington, VA 22202-3513." You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. Who may file an application? Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark. Do I have to use the application form provided by the Office? No, but the format used must comply with all Patent and Trademark Office (PTO) requirements. The prepared PTO form is provided as a convenience. The PTO recommends use of the form to avoid the omission of important information. Can a fax copy or photocopy of an application be filed? Yes. However, there is no provision for filing an application by means of facsimile transmission, i.e., by "faxing" it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery. Can I fax in my application? There is no provision for filing an application by means of facsimile transmission, i.e., by "faxing" it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery. What is a specimen? A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8˝" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8˝" x 11". ONE SPECIMEN IS REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION. Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. §1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. §1051(c) , or the Statement of Use, 15 U.S.C. §1051(d), in applications based on a bona fide intention to use the mark in commerce, Section 1(b), 15 U.S.C. §1051(b). Specimens are not required for applications based on Section 44 of the Trademark Act (for owners of foreign trademark applications and registrations), 15 U.S.C. §1126. What is the drawing? The "drawing" is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used, i.e., as shown by the specimens. In the case of an application based on a bona fide intention to use, Section 1(b), 15 U.S.C. §1051(b), the drawing must show the mark as the applicant intends to use it. In an application based on a foreign application or foreign registration, Sections 44(d) or 44(e), 15 U.S.C. §§1126(d) and (e), the drawing must depict the mark as it appears or will appear on the foreign registration. The applicant cannot register more than one mark in a single application. Therefore, the drawing must display only one mark. If an applicant submits specimens, is a drawing still required? Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and ultimately, on the registration certificate itself. Specimens, on the other hand, are required as evidence that a mark is in actual use in commerce. Do I need an attorney to file my application? No, but an applicant is responsible for observing and complying with all substantive and procedural issues and requirements whether or not represented by an attorney. The Patent and Trademark Office (PTO) cannot select an attorney for an applicant. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. On what bases can a foreign applicant file an application for registration?
Can the Office refuse to register a mark? Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, Section 2 of the Trademark Act (15 U.S.C. §1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as:
Can I get a refund of monies paid to the Office? Not usually. Only money paid by mistake or in excess (that is, paid when not required, or not required in the amount paid) may be refunded. A filing fee will be returned if submitted with a defective application which is denied a filing date. However, once the application receives a filing date, the filing fee will normally not be returned. All requests for refunds should be referred to the Finance Office, or the Examining Attorney assigned. How can I check on the status of a pending U.S. trademark application? Once you receive a filing receipt containing the serial number of your application, you may check on the status of a pending case by calling our status line at (703) 305-8747. You may also check the status of applications and registrations through the Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at http://tarr.uspto.gov . How long does it take for a mark to be registered? It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. The filing receipt will include the serial number of the application. All future correspondence with the PTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained by dialing: (703) 305-8747, or by accessing Trademark Applications and Registrations Retrieval (TARR) database on the Office's World Wide Web site at http://tarr.uspto.gov . Applicants should check on the status of their pending applications every six months. How long does a trademark registration last? For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee. The registrant must also file a §9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee. Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term. This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term. When did the renewal period change from twenty to ten years? November 16, 1989. Registrations issued on or after November 16, 1989 have a ten-year term, renewable every ten years. How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce? An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted. What are the different classes of goods and services? GOODS CLASS 1 (Chemicals) Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Explanatory Note This class includes mainly chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes. Includes, in particular: compost; salt for preserving other than for foodstuffs. Does not include, in particular: raw natural resins (Cl. 02); chemical products for use in medical science (Cl. 05); fungicides, herbicides and preparations for destroying vermin (Cl. 05); adhesives for stationery or household purposes (Cl. 16); salt for preserving foodstuffs (Cl. 30); straw mulch (Cl. 31). CLASS 2 (Paints) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages. Does not include, in particular: unprocessed artificial resins (Cl. 01); laundry bluing (Cl. 03); cosmetic dyes (Cl. 03); mordants for seed (Cl. 05); paint boxes (articles for use in school) (Cl. 16); insulating paints and varnishes (Cl. 17). CLASS 3 (Cosmetics and cleaning preparations) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Explanatory Note This class includes mainly cleaning preparations and toilet preparations. Includes, in particular: deodorants for personal use; sanitary preparations being toiletries. Does not include, in particular: chemical chimney cleaners (Cl. 01); degreasing preparations for use in manufacturing processes (Cl. 01); deodorants other than for personal use (Cl. 05); sharpening stones and grindstones (hand tools) (Cl. 08). CLASS 4 (Lubricants and fuels) Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. Explanatory Note This class includes mainly industrial oils and greases, fuels and illuminants. Does not include, in particular: certain special industrial oils and greases (consult the Alphabetical List of Goods). CLASS 5 (Pharmaceuticals) Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Explanatory Note This class includes mainly pharmaceuticals and other preparations for medical purposes. Includes, in particular: sanitary preparations for medical purposes and for personal hygiene; deodorants other than for personal use; cigarettes without tobacco, for medical purposes. Does not include, in particular: sanitary preparations being toiletries (Cl. 03); deodorants for personal use (Cl. 03); supportive bandages (Cl. 10). CLASS 6 (Metal goods) Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; iron mongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. Explanatory Note This class includes mainly unwrought and partly wrought common metals as well as simple products made of them. Does not include, in particular: bauxite (Cl. 01); mercury, antimony, alkaline and alkaline-earth metals (Cl. 01); metals in foil and powder form for painters, decorators, printers and artists (Cl. 02). CLASS 7 (Machinery) Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Explanatory Note This class includes mainly machines, machine tools, motors and engines. Includes, in particular: parts of motors and engines (of all kinds); electric cleaning machines and apparatus. Does not include, in particular: certain special machines and machine tools (consult the Alphabetical List of Goods); hand tools and implements, hand operated (Cl. 08); motors and engines for land vehicles (Cl. 12). CLASS 8 (Hand tools) Hand tools and implements (hand operated); cutlery; side arms; razors. Explanatory Note This class includes mainly hand operated implements used as tools in the respective professions. Includes, in particular: cutlery of precious metals; electric razors and clippers (hand instruments). Does not include, in particular: certain special instruments (consult the Alphabetical List of Goods); machine tools and implements driven by a motor (Cl. 07); surgical cutlery (Cl. 10); paperknives (Cl. 16); fencing weapons (Cl. 28). CLASS 9 (Electrical and scientific apparatus) Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. Explanatory Note Includes, in particular: apparatus and instruments for scientific research in laboratories; apparatus and instruments for controlling ships, such as apparatus and instruments, for measuring and for transmitting orders; the following electrical apparatus and instruments:
protractors; punched card office machines; amusement apparatus adapted for use with television receivers only. Does not include, in particular: the following electrical apparatus and instruments:
clocks and watches and other chronometric instruments (Cl. 14); control clocks (Cl. 14). CLASS 10 (Medical apparatus) Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. Explanatory Note This class includes mainly medical apparatus, instruments and articles. Includes, in particular: special furniture for medical use; hygienic rubber articles (consult the Alphabetical List of Goods); supportive bandages. CLASS 11 (Environmental control apparatus) Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. Explanatory Note Includes, in particular: air conditioning apparatus; bedwarmers, hot water bottles, warming pans, electric or non-electric; electrically heated cushions (pads) and blankets, not for medical purposes; electric kettles; electric cooking utensils. Does not include, in particular: steam producing apparatus (parts of machines) (Cl. 07); electrically heated clothing (Cl. 09). CLASS 12 (Vehicles) Vehicles; apparatus for locomotion by land, air or water. Explanatory Note Includes, in particular: motors and engines for land vehicles; couplings and transmission components for land vehicles; air cushion vehicles. Does not include, in particular: certain parts of vehicles (consult the Alphabetical List of Goods); railway material of metal (Cl. 06); motors, engines, couplings and transmission components other than for land vehicles (Cl. 07); parts of motors and engines (of all kinds) (Cl. 07). CLASS 13 (Firearms) Firearms; ammunition and projectiles; explosives; fireworks. Explanatory Note This class includes mainly firearms and pyrotechnical products. Does not include, in particular: matches (Cl. 34). CLASS 14 (Jewelry) Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. Explanatory Note This class includes mainly precious metals, goods in precious metals and, in general, jewelry, clocks and watches. Includes, in particular: jewelry (i.e. imitation jewelry and jewelry of precious metal and stones); cuff links, tie pins. Does not include, in particular: certain goods in precious metals (classified according to their function or purpose), for example: metals in foil and powder form for painters, decorators, printers and artists (Cl. 02); amalgam of gold for dentists (Cl. 05); cutlery (Cl. 08); electric contacts (Cl. 09); pen nibs of gold (Cl. 16); objects of art not in precious metals (classified according to the material of which they consist). CLASS 15 (Musical Instruments) Musical instruments. Explanatory Note Includes, in particular: mechanical pianos and their accessories; musical boxes; electrical and electronic musical instruments. Does not include, in particular: apparatus for the recording, transmission, amplification and reproduction of sound (Cl. 09). CLASS 16 (Paper goods and printed matter) Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. Explanatory Note This class includes mainly paper, goods made from that material and office requisites. Includes, in particular: paper knives; duplicators; plastic sheets, sacks and bags for wrapping and packaging. Does not include, in particular: certain goods made of paper and cardboard (consult the Alphabetical List of Goods); colors (Cl. 02); hand tools for artists (for example: spatulas, sculptors' chisels) (Cl. 08). CLASS 17 (Rubber goods) Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. Explanatory Note This class includes mainly electrical, thermal and acoustic insulating materials and plastics, being for use in manufacture in the form of sheets, blocks and rods. Includes, in particular: rubber material for recapping tires; padding and stuffing materials of rubber or plastics; floating anti-pollution barriers. CLASS 18 (Leather goods) Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. Explanatory Note This class includes mainly leather, leather imitations, travel goods not included in other classes and saddlery. Does not include, in particular: clothing, footwear, headgear (consult the Alphabetical List of Goods). CLASS 19 (Nonmetallic building materials) Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal. Explanatory Note This class includes mainly nonmetallic building materials. Includes, in particular: semi-worked woods (for example: beams, planks, panels) ;veneers; building glass (for example: floor slabs, glass tiles); glass granules for marking out roads; letter boxes of masonry. Does not include, in particular: cement preservatives and cement-waterproofing preparations (Cl. 01); fireproofing preparations (Cl. 01). CLASS 20 (Furniture and articles not otherwise classified) Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. Explanatory Note This class includes mainly furniture and its parts and plastic goods, not included in other classes. Includes, in particular: metal furniture and furniture for camping; bedding (for example: mattresses, spring mattresses, pillows); looking glasses and furnishing or toilet mirrors; registration number plates not of metal; letter boxes not of metal or masonry. Does not include, in particular: certain special types of mirrors, classified according to their function or purpose (consult the Alphabetical List of Goods); special furniture for laboratories (Cl. 09); special furniture for medical use (Cl. 10); bedding linen (Cl. 24); eiderdowns (Cl. 24). CLASS 21 (Housewares and glass) Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. Explanatory Note This class includes mainly small, hand-operated, utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain. Includes, in particular: utensils and containers for household and kitchen use, for example: kitchen utensils, pails, and pans of iron, aluminum, plastics and other materials, small hand-operated apparatus for mincing, grinding, pressing, etc.; candle extinguishers, not of precious metal; electric combs; electric toothbrushes; dish stands and decanter stands. Does not include, in particular: certain goods made of glass, porcelain and earthenware (consult the Alphabetical List of Goods); cleaning preparations, soaps, etc. (Cl. 03); small apparatus for mincing, grinding, pressing, etc., driven by electricity (Cl. 07); razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Cl. 08); cooking utensils, electric (Cl. 11); toilet mirrors (Cl. 20). CLASS 22 (Cordage and fibers) Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. Explanatory Note This class includes mainly rope and sail manufacture products, padding and stuffing materials and raw fibrous textile materials. Includes, in particular: cords and twines in natural or artificial textile fibres, paper or plastics. Does not include, in particular: certain nets, sacs and bags (consult the Alphabetical List of Goods); strings for musical instruments (Cl. 15). CLASS 23 (Yarns and threads) Yarns and threads, for textile use. CLASS 24 (Fabrics) Textiles and textile goods, not included in other classes; bed and table covers. Explanatory Note This class includes mainly textiles (piece goods) and textile covers for household use. Includes, in particular: bedding linen of paper. Does not include, in particular: certain special textiles (consult the Alphabetical List of Goods); electrically heated blankets (Cl. 10); table linen of paper (Cl. 16); horse blankets (Cl. 18). CLASS 25 (Clothing) Clothing, footwear, headgear Explanatory Note Does not include, in particular: certain clothing and footwear for special use (consult the Alphabetical List of Goods). CLASS 26 (Fancy goods) Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. Explanatory Note This class includes mainly dressmakers' articles. Includes, in particular: slide fasteners. Does not include, in particular: certain special types of hooks (consult the Alphabetical List of Goods); certain special types of needles (consult the Alphabetical List of Goods); yarns and threads for textile use (Cl. 23). CLASS 27 (Floor coverings) Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). Explanatory Note This class includes mainly products intended to be added as furnishings to previously constructed floors and walls. CLASS 28 (Toys and sporting goods) Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. Explanatory Note Includes, in particular: fishing tackle; equipment for various sports and games. Does not include, in particular: Christmas tree candles (Cl. 04); diving equipment (Cl. 09); amusement apparatus adapted for use with television receivers only (Cl. 09); electrical lamps (garlands) for Christmas trees (Cl. 11); playing cards (Cl. 16); fishing nets (Cl. 22); clothing for gymnastics and sports (Cl. 25); confectionery and chocolate decorations for Christmas trees (Cl. 30). CLASS 29 (Meats and processed foods) Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. Explanatory Note This class includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation. Includes, in particular: milk beverages (milk predominating). Does not include, in particular: certain foodstuffs of plant origin (consult the Alphabetical List of Goods); baby food (Cl. 05); dietetic substances adapted for medical use (Cl. 05); salad dressings (Cl. 30); fertilized eggs for hatching (Cl. 31); foodstuffs for animals (Cl. 31); living animals (Cl. 31). CLASS 30 (Staple foods) Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Explanatory Note This class includes mainly foodstuffs of plant origin prepared for consumption or conservation as well as auxiliaries intended for the improvement of the flavour of food. Includes, in particular: beverages with coffee, cocoa or chocolate base; cereals prepared for human consumption (for example: oat flakes and those made of other cereals). Does not include, in particular: certain foodstuffs of plant origin (consult the Alphabetical List of Goods); salt for preserving other than for foodstuffs (Cl. 01); medicinal teas and dietetic substances adapted for medical use (Cl. 05); baby food (Cl. 05); raw cereals (Cl. 31); foodstuffs for animals (Cl. 31). CLASS 31 (Natural agricultural products) Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. Explanatory Note This class includes mainly land products not having been subjected to any form of preparation for consumption, living animals and plants as well as foodstuffs for animals. Includes, in particular: raw woods; raw cereals; fertilized eggs for hatching; mollusca and crustacea (live). Does not include, in particular: cultures of micro-organisms and leeches for medical purposes (Cl. 05); semi-worked woods (Cl. 19); artificial fishing bait (Cl. 28); rice (Cl. 30); tobacco (Cl. 34). CLASS 32 (Light beverages) Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Explanatory Note This class includes mainly nonalcoholic beverages, as well as beer. Includes, in particular: de-alcoholized drinks. Does not include, in particular: beverages for medical purposes (Cl. 05); milk beverages (milk predominating) (Cl. 29); beverages with coffee, cocoa or chocolate base (Cl. 30). CLASS 33 (Wine and spirits) Alcoholic beverages (except beers). Explanatory Note Does not include, in particular: medicinal drinks (Cl. 05); de-alcoholized drinks (Cl. 32). CLASS 34 (Smokers' articles) Tobacco; smokers' articles; matches. Explanatory Note Includes, in particular: tobacco substitutes (not for medical purposes). Does not include, in particular: cigarettes without tobacco, for medical purposes (Cl. 05); certain smokers' articles in precious metal (Cl. 14) (consult the Alphabetical List of Goods). SERVICES CLASS 35 (Advertising and business) Advertising; business management; business administration; office functions. Explanatory Note This class includes mainly services rendered by persons or organizations principally with the object of: 1. help in the working or management of a commercial undertaking, or 2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services. Includes, in particular: services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the exploitation or compilation of mathematical or statistical data; services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods. Does not include, in particular: activity of an enterprise the primary function of which is the sale of goods, i.e., of a so-called commercial enterprise; services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services); professional consultations and the drawing up of plans not connected with the conduct of business (Cl. 42). CLASS 36 (Insurance and financial) Insurance; financial affairs; monetary affairs; real estate affairs. Explanatory Note This class includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds. Includes, in particular: services relating to financial or monetary affairs comprise the following:
CLASS 37 (Building construction and repair) Building construction; repair; installation services. Explanatory Note This class includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties. Includes, in particular: services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers; services auxiliary to construction services like inspections of construction plans; services of shipbuilding; services consisting of hiring of tools or building materials; repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition); various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.; services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this class and Class 40 see the Explanatory Note of Class 40). Does not include, in particular: services consisting of storage of goods such as clothes or vehicles (Cl. 39); services connected with dyeing of cloth or clothes (Cl. 40). CLASS 38 (Telecommunications) Explanatory Note This class includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which:
Includes, in particular: services which consist essentially of the diffusion of radio or television programs. Does not include, in particular: radio advertising services (Cl. 35). CLASS 39 (Transportation and storage) Transport; packaging and storage of goods; travel arrangement. Explanatory Note This class includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding. Includes, in particular: services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter; services connected with the hiring of transport vehicles; services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes; services connected with the functioning of airports; services connected with the packaging and parceling of goods before dispatch; services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport; services relating to the inspection of vehicles or goods before transport. Does not include, in particular: services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35); services relating to the issuing of travelers' checks or letters of credit by brokers or travel agents (Cl. 36); services relating to insurance (commercial, fire or life) during the transport of persons or goods (Cl. 36); services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37); services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 42). CLASS 40 (Treatment of materials) Treatment of materials. Explanatory Note This class includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it. Includes, in particular: services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers); services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating. Does not include, in particular: repair services (Cl. 37). CLASS 41 (Education and entertainment) Education; providing of training; entertainment; sporting and cultural activities. Explanatory Note This class contains mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention. Includes, in particular: services consisting of all forms of education of persons or training of animals; services having the basic aim of the entertainment, amusement or recreation of people. CLASS 42 (Miscellaneous) Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes. Explanatory Note This class contains all services which could not be placed in other classes. Includes, in particular: services rendered in procuring lodgings, rooms and meals, by hotels, boarding houses, tourist camps, tourist houses, dude ranches, sanatoria, rest homes and convalescence homes; services rendered by establishments essentially engaged in procuring food or drink prepared for consumption; such services can be rendered by restaurants, self-service restaurants, canteens, etc.; personal services rendered by establishments to meet individual needs; such services may include social escorts, beauty salons, hairdressing salons, funeral establishments or crematoria; services rendered by persons, individually or collectively, as a member of an organization, requiring a high degree of mental activity and relating to theoretical or practical aspects of complex branches of human effort; the services rendered by these persons demand of them a deep and extensive university education or equivalent experience; such services rendered by representatives of professions such as engineers, chemists, physicists, etc., are included in this class; services of travel agents or brokers ensuring hotel accommodation for travelers; services of engineers engaged in valuing, estimates, research and reports; services (not included in other classes) rendered by associations to their own members. Does not include, in particular: professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35); services for travelers rendered by travel agencies (Cl. 39); performances of singers or dancers in orchestras or operas (Cl. 41).
OTHER What is the Trademark Electronic Application System (TEAS)? The United States Patent and Trademark Office (USPTO) is pleased to present TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness over the Internet. Using e-TEAS you can then submit the application directly to the USPTO over the Internet, paying by credit card or through an existing USPTO deposit account. Or using PrinTEAS, you can print out the completed application for mailing to the USPTO, paying by check or money order or through an existing USPTO deposit account (credit cards currently are not accepted for paper filings). It's your choice! Both e-TEAS and PrinTEAS are available from http://teas.uspto.gov/indexTLT.html. How do I contest someone else using a trademark similar to mine? There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. For information about proceedings before the Trademark Trial and Appeal Board, click on TBMP. What official publications and electronic information products are available concerning trademarks? The following trademark-related products are available for sale from our Office of Electronic Information Products, which offers the following products: TRADEMARK PRODUCTS ] Basic Facts About Trademarks Cassis Sampler: Samples of CD-ROM Products Published by USPTO CD-ROM Documentation Code of Federal Regulations, Title 37; Patents, Trademarks, and Copyrights Contractor's Reports of Status Listings Forms Goods and Services Manual Index of Trademarks Issued From the United States Patent and Trademark Office Listing of Applications for Renewal of Registrations Official Gazette (OG) of the United States Patent and Trademark Office - Trademarks Patent and Trademark Office Notices Presentation Trademark Trademark Annual Assignment File Trademark Annual Dead Text File Trademark Annual Live Text File Trademark Manual of Examining Procedure (TMEP), Second Edition Trademark Search Branch Bulletin Trademark Status Changes File Trademark Trial and Appeal Board (TTAB) File Trademark Trial and Appeal Board (TTAB) Manual of Procedure Trademark Weekly Image Files Trademark Weekly Text File Trademarks ASSIGN: US Trademarks Assignments Recorded at the USPTO Trademarks ASSIST: Full Text of Trademark Search Tools Trademarks PENDING: Bibliographic Information from Pending US Trademarks Trademarks REGISTERED: Bibliographic Information from Active, Registered US Trademarks USAMark: Facsimile Images of Registered United States Trademarks X-Search User Manual The Office of Electronic Information Products may be reached at 703-306-2600. For a complete list of all Patent and Trademark Office products, click on PTO Products. The following publications are also available: Basic Facts About Trademarks, available free of charge from the U.S. Patent and Trademark Office. Call 1-800-786-9199 or, if in northern Virginia, (703) 308-9000. Or, you may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Trademarks. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. Trademark Manual of Examining Procedure (TMEP), (Revised ed. 1997), available on a subscription basis from: Superintendent of Documents, U.S. Government Printing Office, Box 371954, Pittsburgh, PA 15250-7954; ((202) 512-2250). Official Gazette of the U.S. Patent and Trademark Office, available from Superintendent of Documents, U.S. Government Printing Office , Box 371954, Pittsburgh, PA 15250-7954 ((202) 512-2250) (not available in electronic format). International Classification of Goods and Services for the Purposes of Registration of Marks, (7th ed. 1996) available from: World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, 1211 Geneva 20 Switzerland. U.S. Patent and Trademark Office Acceptable Identification of Goods and Services Manual (ID Manual), (Revised ed. 1997), Superintendent of Documents, U.S. Government Printing Office, Box 371954, Pittsburgh, PA 15250-7954; ((202) 512-2250). What is a PTDL (Patent and Trademark Depository Library)? A Patent and Trademark Depository Library (PTDL) is a library which is designated by the US Patent and Trademark Office (PTO) to receive and house copies of US patents and patent and trademark materials, to make them available to the public, and to disseminate both patent and trademark information. To be designated, a library must meet specific requirements and promise to fulfill certain obligations. Patents and trademarks (word marks only) may be searched at the PTDLs. Please note that the Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the searches for you. They will, however, provide you with the information you need to get started. For more information about the Patent and Trademark Depository Library Program, click on PTDL. How do I register to practice before the Patent and Trademark Office? It is not necessary to register to practice before the Patent and Trademark Office (PTO) in trademark matters. Any attorney admitted in a U.S. state or territory can practice before the trademark side of the PTO. Non-lawyers can practice only in the limited circumstances set forth in Rule 10.14(b). For information about registering to practice in patent cases before the PTO, click on Patent Practice. Is the name of a band a trademark? Yes, band names would be considered trademarks, or more appropriately service marks, for entertainment services in the nature of performances by a [type of music specified] band. Can a minor file a trademark application? This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant. Can the ownership of a trademark be assigned or transferred from one person to another? Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee. Specific inquiries should be referred to the Assignment Division (703-308-9723). [NOTE: Certain exceptions exist concerning the assignment of Intent-to-Use applications.] My spouse owned a trademark registration and has since died. Do I own it now? Perhaps. Because this depends on state law, the Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. What are some suggestions to facilitate filing a trademark application and/or contacting the Patent and Trademark Office (PTO)? When filing papers of any kind with the PTO, include a stamped, self-addressed post card listing the mark, the serial number or registration number (if known) and the contents of the filing, such as the "drawing" page, one specimen for each class, a check for the filing fee, etc. Carefully review all documents before filing to make sure all issues have been addressed and all the necessary elements are included. Do not file large or "bulky" specimens. Rather, submit a picture of the mark on the specimen. Bulky specimens are specimens that are larger than 8 1/2" by 11" and which do not lie flat. The PTO encourages applicants to send photographs of the goods, as long as the mark is clear from the photograph. Place the serial number or registration number (once known) on each paper or exhibit filed, including any required checks. If, for some reason neither number is available, please put some other identifying information on the correspondence (e.g., mark, name of applicant, filing date). Inform the PTO of any change in correspondence address as soon as possible. Use the status line (703-305-8747), or the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov, to check on the status of any application. Reprinted from the United States Patent & Trademark Office web site. Check the USPTO web site for changes to the above FAQ. | |||||||||||||
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