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Trademark Help - Disclosure of Public Information

If personally identifying information, such as your name or address, has been disclosed in the public record for an application or registration that you are not involved with, please send an informal written request to TMFeedback@uspto.gov to remove the information from the record.  

Trademark Help - Fastener Quality Act - Application

FQA application forms are accepted by U.S. mail or email. The instructions on page two of the application contain all of the submission details. Forms should only be submitted via one method. Duplicate copies of forms are not to be submitted. If you wish to confirm receipt, please do not send a second copy with your request.

No. Multiple copies of FQA applications could lead to duplicative charges of FQA fees and duplicative recordals. Please choose one method to submit your FQA application - email or delivery by postal service or private courier. If you have any concerns as to whether or not your submission has been received by the USPTO, you may email TMFQA@uspto.gov. Do not send another copy with your follow up email.

Please send requests for copies of recordals to TMFQA@uspto.gov and include an address where a copy may be mailed.

The USPTO processes applications for recordal and renewal in the order in which they are received. In the event a submission does not contain all of the required elements, the USPTO will return the entire application, along with a letter explaining the missing elements. No fees are processed for incomplete applications. A new application containing all of the required elements must be submitted. Generally, processing time varies from 7 to 10 working days, with delays possible due to federal holidays.

After recordal of a new application, the owner or the owner's attorney of record, if provided, will receive a Certificate of Recordal depicting the mark, the owner's information, and the date of recordal from which renewals are to be calculated.

After processing a renewal application, the USPTO does not issue a new certificate. Renewals are noted in Office records and appear on the Insignia Registry when it is updated. The Registry is updated quarterly, typically in January, April, July, and October.

After an alpha-numeric designation is reactivated to the original owner, the USPTO will issue a new Certificate of Recordal with the new recordal date from which to calculate renewals. When a new owner files an application for re-activation, the new owner is not issued a new recordal date and only shall remain in active status until the expiration of the five year period that began upon the issuance of the alphanumeric designation to its original owner or to any time remaining in a renewal period granted thereafter. Thus, if a new owner requests reactivation with only a few months remaining until a renewal is due, the new owner must also file a renewal application in the time allowed or in the grace period, with the required late fee.

FQA application forms accompanied by checks or money orders for the required fees may be submitted by private courier or delivery service, though use of such methods is not encouraged. If used, however, submissions must be sent to the Trademark Assistance Center (TAC) at the USPTO's headquarters at the following address:

Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314

Private couriers and delivery services cannot deliver to the US Postal Service mailing address provided on the application instructions.

FQA fees are Trademark Fees, but they require a "Description of Request" as being an "FQA application fee" or "FQA renewal fee" or "FQA late fee and renewal fee" as appropriate. If the Recordal is based on a U.S. Trademark Application or Registration, the application Serial Number or Registration Number must be included in the appropriate space. In the case of an application for a new recordal of an alpha-numeric designation, the "Description of Request" should indicate "New FQA alpha-numeric designation" or "renewal of recordal [please identify assigned alpha-numeric designation, e.g. 01PZ]". The credit card payment form may be found on the USPTO website at http://www.uspto.gov/forms/2038-fill.pdf.

Trademark Help - Fastener Quality Act - Renewal/Reactivation

Yes, an alphanumeric designation can be transferred or assigned, and reactivated upon application by the assignee. An application must include a copy of the pertinent portion of the document assigning rights in the alphanumeric designation to the new owner. The application must be filed within six months of the date of assignment. 15 C.F.R. §280.323(e)

Unless a new trademark application has been filed for the same mark, no. Certificates of recordal designated inactive due to cancellation or expiration of the trademark registration or abandonment of the trademark application on which the recordal is based cannot be activated. Recordals may only be based on a valid registration or pending application.

Yes, certificates of recordal designated inactive to due to the failure to maintain the recordal shall be deemed active only if the certificate holder files an application for recordal with the prescribed fee and attaches a copy of the expired certificate of recordal. 15 C.F.R. §280.320(e)

Trademark Help - Fastener Quality Act - Amendment of Insignia

No. An amendment of the mark in a trademark application or registration that forms the basis for a certificate of recordal will result in the Director of the USPTO declaring the recordal inactive. The certificate of recordal shall become inactive as of the date the amendment is filed. You may file a new application for recordal of the new version of the mark on the FQA registry.

Trademark Help - Fastener Quality Act - Change of Owner

Requests to update recordals with a change of name and/or change of address may be submitted to the FQA mailing address, or by facsimile to 571-273-8950, or to the TMFQA@uspto.gov email box. Requests regarding any change of address or change of name must be filed no later than six months after the change.

Yes, once the ownership of the trademark on which an FQA recordal is based is assigned, the recordal by the previous owner is considered "inactive." The new owner may file a new application to record the same insignia on the FQA insignia registry in their name.

No, certificates of recordal designated inactive due to transfer or assignment of a trademark application or registration cannot be reactivated. An assigned trademark application or registration may form the basis for a new application for recordal on the fastener insignia registry by the new owner.

No. The Certificate of Recordal may not be transferred or assigned, but it may be amended only to show a change of name or change of address.

Trademark Help - Fastener Quality Act - Change of Address

Yes. The holder must notify the USPTO of name or address changes whether the certificate of recordal is in an active or inactive status.

15 C.F.R. §280.321

Trademark Help - Fastener Quality Act - Basics

The USPTO does not provide assistance in determining whether or not a manufacturer of fasteners must submit an application.

The following is from the National Institute of Standards and Technology Weights and Measures Division (Phone: 301-975-4019):

Fasteners covered under the FQA are defined as limited to bolts, nuts, screws and studs (having a nominal diameter of 6 millimeters/0.25 inch or greater), or direct tension-indicating washers that are through-hardened (or meet a consensus standard that calls for through-hardening) and manufactured to standards and specifications of consensus standards organizations or government agencies that require a grade mark.

Many fasteners are exempted from coverage including those:

- that are part of an assembly

- that are ordered for use as a spare, substitute, service or replacement part unless that part is in a package containing more than 75 of any such part at the time of sale or that part is contained in an assembly kit

- produced and marked as ASTM A 307 Grade A;

- produced in accordance with the ASTM F 432 standard;

- specifically manufactured for an aircraft if the quality is approved by the Federal Aviation Administration or by a foreign airworthiness authority;

- manufactured in accordance with the International Organization for Standardization (ISO) 9000, 9001, 9002, or TS16949; Quality system (QS) 9000; or other fastener quality assurance system defined by law; or

- manufactured to a proprietary standard.

To encourage the use of quality management systems such as QS 9000, fasteners are exempt from the FQA if they are manufactured in a facility using such a system.

New applications require a US $20 fee. Renewals are also US $20. If the renewal application is submitted within the six months after the fifth anniversary of the recordal, a late surcharge of US $20 is required in addition to the US $20 renewal fee. If a renewal application is not submitted by the end of the six-month grace period, the owner must reapply for the same mark in a "new" application, which must be accompanied by the US $20 application fee.

The Fastener Quality Act (FQA), Public Law 101-592, was signed by President George H.W. Bush on November 16, 1990. Since its enactment, the FQA has been amended three times (Pub L. 104-113, Pub L. 105-234, and Pub L. 106-34) to further clarify and define the requirements of the original FQA.

The FQA protects the public safety by: (1) requiring that certain fasteners sold in commerce conform to the specifications to which they are represented to be manufactured, (2) providing for accreditation of laboratories engaged in fastener testing, and (3) requiring inspection, testing and certification in accordance with standardized methods.

Trademark Help - General - Other

It is advisable to conduct a search of the office records before filing an application. A search for pending, registered and dead trademarks may be conducted on the USPTO website using the trademark search system or by visiting the Public Search Facility located on the first floor of the Madison East building at 600 Dulany St., Alexandria , VA 22313 between 8:00 a.m. and 8:00 p.m.

Also, certain information may be searched at a Patent and Trademark Depository Library (PTDL). To find your nearest PTDL, go to www.uspto.gov/go/ptdl. If you need assistance in searching for trademarks, you may wish to locate a U.S.-licensed attorney specializing in trademark law. Local bar associations and the Yellow Pages usually have attorney listing broken down by specialties.

A 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.

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 the services provided by others, and to indicate the source of the services.

The USPTO allows you to access copies of the documents in almost all pending applications, as well as many registrations. The Trademark Status and Document Retrieval (TSDR) database allows you to view, download, and print documents contained in our electronic records. Also, for a fee you can request a copy of your trademark registration by contacting our Certified Copy Center.

A copy of the trademark registration is $3 per registration. Certified copies are $15 per registration. A certified copy of the registration is also called a “title and status,” as it will include the current status of the trademark and current ownership information according to our records. It will also include a certification statement, a seal, and an authorized signature affirming that the registration is an official USPTO copy. You can pay by credit card, USPTO deposit account, or by electronic funds transfer (EFT).

Please visit our Trademark Expo page. 

Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. 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.

PLEASE 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.

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 that affects interstate commerce (e.g. restaurants, gas stations, hotels, etc.).

Trademark Help - General - Other - Fees & Payments - Fees – General Information - Other

Information is available in the Trademark fees section of the Fee schedule.

Trademark Help - Getting Started - Other - General

Complete an application using the Trademark Electronic Application System (TEAS). You will need to respond to office actions and file notices of change of address, allegations of use and requests for extension of time to file a statement of use through TEAS. You can check the status of your application through the Trademark Status & Document Retrieval (TSDR) system. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 (press 1) or 1-571-272-9250 to request a paper form. For further information about the applying for a trademark registration, see Basic Facts about Trademarks.

It depends on the location of your domicile, specifically, the place you reside and intend to be your principal home or principal place of business (an entity's headquarters).

  • Yes, if you are a foreign-domiciled trademark applicant. You must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
  • No, if you are a trademark applicant domiciled in the United States or its territories. Nevertheless, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.

For more information, see the August 3, 2019 USPTO trademark rules change.

Most applicants use U.S.-licensed trademark attorneys for legal advice regarding the use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration. A U.S.-licensed private trademark attorney (not associated with the USPTO) may help you avoid many potential pitfalls.

The filing fees for an application filed through the Trademark Electronic Application System (TEAS) are as follows:

  • $250 per class of goods or services for a TEAS Plus application that meets the requirements of 37 C.F.R.  §2.22; or
  • $350 per class of goods or services for a TEAS Standard application.

If your application is filed based on a bona fide intent to use the mark in commerce, additional documents and fees will be required at a later time.

In general, you must file your application through TEAS, and pay the fee using a credit card, existing USPTO deposit account, or electronic funds transfer (EFT).

PLEASE NOTE: Fees are subject to change and should therefore be verified before submission to the USPTO. You may obtain the current schedule of fees.

Here are some specific benefits of having a federally registered trademark:

  • Constructive notice nationwide of the trademark owner's claim.
  • Evidence of ownership of the trademark.
  • Jurisdiction of federal courts may be invoked.
  • Registration can be used as a basis for obtaining registration in foreign countries.
  • Registration may be filed with U.S. Customs and Border Protection to prevent importation of infringing foreign goods.

Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.

Trademarks are registered with the United States Patent and Trademark Office (USPTO).

Federal trademark registration has several benefits:

  • Constructive notice nationwide of the trademark owner's claim.
  • Evidence of ownership of the trademark.
  • Jurisdiction of federal courts may be invoked.
  • Registration can be used as a basis for obtaining registration in foreign countries.
  • Registration may be filed with the Customs and Border Protection (CBP) to prevent importation of infringing foreign goods.

There are times when you may desire a combination of copyright, patent, and trademark protection for your work. You should consult an attorney to determine what forms of intellectual property protection are best suited to your needs.

Owning a federal trademark registration on the Principal Register provides several advantages, including:

  • Public notice of your claim of ownership of the mark;
  • A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
  • The ability to bring an action concerning the mark in federal court;
  • The use of the U.S. registration as a basis to obtain registration in foreign countries;
  • The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
  • The right to use the federal registration symbol ®; and
  • Listing in the United States Patent and Trademark Office's online databases.

No. Only a U.S.-licensed attorney may represent you before the U.S. Patent and Trademark Office (USPTO). He or she must be an attorney licensed to practice law in a U.S. state and be an active member in good standing of the highest court of that state. Attorneys from other countries, except Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED), may NOT practice before the USPTO.

The registration is valid as long as you timely file all post registration maintenance documents. You must file a "Declaration of Use under Section 8" between the fifth and sixth year following registration. In addition, you must file a combined "Declaration of Use and Application for Renewal under Sections 8 and 9" between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. For more information read about keeping your registration alive.

You can find all USPTO's trademark forms in the Trademark Electronic Application System (TEAS). Two filing options are available for the initial application form:  TEAS Plus and TEAS Standard. The TEAS application form allows you to pay by credit card, electronic funds transfer, or through an existing United States Patent and Trademark Office (USPTO) deposit account.

The USPTO cannot search your mark for you prior to filing. After filing, the USPTO will conduct a search and will refuse to register your mark if there is another registered or pending mark similar to yours.

No. The examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2.
The most common reasons for refusing registration are because the mark is:

  • Likely to cause confusion with a mark in a registration or prior application;
  • Descriptive for the goods/services;
  • A geographic term;
  • A surname;
  • Ornamental as applied to the goods.

 

For a discussion of these and other possible refusals, see Chapter 1200 of the Trademark Manual of Examining Procedure (TMEP).
The examining attorney may also issue requirements concerning, for example:

  • The goods and services listed in the application;
  • The description of the mark;
  • The quality of the drawing;

The specimens

You can play examples of sound marks at https://www.uspto.gov/trademark/soundmarks/trademark-sound-mark-examples

You may receive unsolicited communications from companies requesting fees for trademark-related services, such as monitoring and document filing. Although solicitations from these companies frequently display customer-specific information, including USPTO serial number or registration number and owner name, companies that offer these services are not affiliated or associated with the USPTO or any other federal agency. See Caution: misleading notices for more information.

Trademark Help - Getting Started - Other

Once you receive a filing receipt containing the serial number of your application, you may check the status of your application through the Trademark Applications and Registrations Retrieval (TARR) database athttp://tarr.uspto.gov/ or by calling the Trademark Assistance Center at 571-272-9250 or 800-786-9199 (press 1).

After a trademark application is filed, the USPTO 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 a mark which has been applied for can be registered. You can conduct a search online using the trademark search system or by visiting the Public Search Facility, located on the first floor of the Madison East building at 600 Dulany St., Alexandria , VA 22313 , is open to the public from 8:00 a.m. to 8 p.m. , Monday through Friday, except Federal holidays. Assignment information is also available at the Patent and Trademark Depository Libraries throughout the United States.

Also, certain information may be searched at a Patent and Trademark Depository Library (PTDL). For information on the nearest PTDL, go to www.uspto.gov/go/ptdl. If you need to locate a U.S.-licensed attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties.

A trademark is intellectual property that may be transferred or sold. The law permits the transfer or sale of a trademark by means of a legal document called an Assignment. A properly executed assignment transfers all rights from the existing owner to another person (referred to as the Assignee). When the trademark is transferred, the Assignee becomes the new owner of the trademark and has the same rights as the original owner. The U.S. Patent and Trademark Office (USPTO) records all assignment documents and any document that affects title. Documents that affect title include, but are not limited to, mergers, changes of names, security agreements, various liens, licenses, probate documents, and bankruptcy petitions.

Trademark assignments can be filed electronically through Assignment Center. You will need to have a USPTO.gov account with two-step verification to access Assignment Center. Assignment Center has answers to frequently asked questions about filing electronically.

Please note that with all assignments, the assignment information provided by the user will be recorded as provided and will not be verified or modified by the USPTO.

For additional information on filing a trademark assignment or documents affecting title, please call the Assignment Division between 8:30 a.m. and 5 p.m. Eastern Time on normal business days at (571) 272-3350.

There are many factors that affect how long it takes to register a trademark. Look at our application process timelines for more detailed timeline information based on your filing basis. You can check the current processing wait times to find out how long your trademark filing could take.

Get information on the status of your application in the Trademark Status and Document Retrieval (TSDR) database or call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199. You should check on the status of your applications every three months.

Your U.S. trademark registration grants you rights only in the U.S. If you want trademark protection in other countries, you must either: 
•    Submit an international application through the Madrid Protocol, or 
•    Submit a trademark application in each other country or regional trademark office. 

If you have problems protecting or enforcing intellectual property rights in a foreign country, consult the IP Attaché Program page. 

If you erroneously submitted a document containing personal information or confidential documents other than a driver's license, social security number, credit card account number, or banking account number that you do not wish to be part of the public record, you may petition the Director of the USPTO to remove it from public view. Trademark Rule 2.25 provides that "documents filed in the Office by the applicant or registrant become part of the official record and will not be returned or removed." The Director will waive this rule only if the petitioner can provide evidence that an extraordinary circumstance exists that warrants the removal of this information. As noted above, driver's licenses, social security numbers, credit card information, and banking information may be removed upon an informal written request TMPolicy@uspto.gov. Payments properly made with a credit card, charge card or bank card via the Trademark Electronic Application System (TEAS) are confidential as well as secure, and are never made part of any publicly viewable USPTO record.

The USPTO records must always include the trademark owner's name and correspondence address and this information may be updated, but not removed. It also may be possible to provide redacted documents to replace portions of existing submissions that may be deemed personal or confidential if that information was not relied on during examination of the documents. Please note that after the USPTO renders a decision on the petition, the fee will not be refunded.

Last, as noted above, all documents submitted in connection with an application or registration become part of the record for that file, including the petition itself. Therefore, if your petition is granted, the petition and redacted document will remain in the USPTO records, although the personal or confidential information will be hidden from public view.

You can file your petition through the Trademark Electronic Application System (TEAS). You should click on the overall Petitions Forms category from the TEAS front page and then select form number 3, Petition to the Director.

Yes. You can access forms through the Trademark Electronic Application System (TEAS), from our apply online page. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. §1058, affidavit of incontestability under 15 U.S.C. §1065, combined affidavit under 15 U.S.C. §§1058 and 1065, or combined filing under 15 U.S.C. §§1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 1-571-272-9250).

Generally, you will be required to complete application online, check it for completeness, and submit it using the Trademark Electronic Application System (TEAS). You will also need to respond to office actions and file notices of change of address and many other documents through TEAS. You can check the status of your application using our Trademark Status and Document Retrieval (TSDR) system. For further information about applying for a trademark registration, see Basic Facts about Trademarks.

Yes. In general, you will be required to complete application online and submit it using the Trademark Electronic Application System (TEAS). You can pay the fee by credit card, EFT, or through an existing USPTO deposit account.

No. The UPSTO will not accept an application transmitted by fax. Generally, applications must be filed electronically with the USPTO using the Trademark Electronic Application System (TEAS).

You can file your change of address using the TEAS Change Address or Representation Form.

 

You can file your change of address using the TEAS Change of Address or Representation form.

  • It depends on the location of your domicile, specifically, the place you reside and intend to be your principal home or your principal place of business (an entity's headquarters).
     
    • Yes, if you are a foreign-domiciled trademark applicant. You must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
    • No, if you are a trademark applicant domiciled in the United States or its territories. Nevertheless, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.
       
      For more information about this, see the August 3, 2019 USPTO trademark rules change.

An international applicant must pay fees to the USPTO and to the International Bureau. The USPTO charges a fee for certifying international applications and transmitting them to the International Bureau, called a "certification fee." The certification fee is $100.00 per class if the international application is based on a single U.S. application or registration and filed electronically, or $200 per class if filed on paper. The certification fee is $150.00 per class if the international application is based on more than one U.S. application or registration and filed electronically, or $250 per class if filed on paper.

The International Bureau requires payment of fees based on whether the reproduction of the mark is in black and white and/or in color, the particular Contracting Parties designated in the international application and the number of classes of goods and services indicated in the international application. The schedule of fees, individual fees and International Bureau Fee Calculator are posted on the WIPO web site at: http://www.wipo.int/madrid/en/ . The international application fees must be paid directly to the International Bureau in Swiss francs.

The Freedom of Information Act (FOIA) mandates the USPTO to provide records such as trademark applications and registrations for public inspection and copying. In order to adhere to the FOIA, trademark applications and registrations are available on the USPTO website so that the public may conveniently inspect and copy them, if desired.

It is the responsibility of applicants and registrants to carefully consider the information provided to the USPTO to ensure that any information they wish to keep out of the public record is not included with their initial filing or in any subsequent filing submitted during the entire application and post-registration process. However, to file an application, certain minimum requirements must be met, including providing the owner's name and an address to receive correspondence. Any type of existing legal entity, including an individual, corporation, partnership, limited liability company, association, or joint venture, may own a trademark. An applicant need not provide a telephone number as part of the application process, although providing a telephone number aids the USPTO in its ability to contact applicants.

Yes. The public may use records of trademark applications and registrations to identify the owner of a trademark and/or their attorneys/representatives. This information is valuable to the public and is often used to perform a clearance search when another party is considering whether to use a mark.

Trademark applications and registrations are public records. Individuals and private companies may use this public information to create third-party access to these records. Please note that the USPTO is not responsible for how these entities present this publicly available information. This information includes correspondence addresses, email addresses, and phone numbers provided in the initial application, as well as any changes or updates made to this information throughout the prosecution of the application or maintenance of the registration.

Driver's licenses, social security numbers, credit card information, and banking information, can be removed upon an informal written request to TMFeedback@uspto.gov, because this highly sensitive personal information is not a filing requirement and therefore should be removed from the record immediately. Please note that any payments properly made with a credit card, charge card or bank card via the Trademark Electronic Application System (TEAS) are confidential as well as secure, and are never made part of any publicly viewable USPTO record.

Yes. Please be aware that when you apply for a trademark registration you are making a public record. Accordingly, all of the information and documents you provide to the United States Patent and Trademark Office (USPTO) during the prosecution of an application and maintenance of a registration are available to the public and will be viewable on the USPTO website even if the application abandons or the registration cancels or expires. Third-party websites and Internet search engines access and use this information, including your name as well as any addresses, phone numbers, or email addresses that you provide to the USPTO.

As noted above, the USPTO is required by law to maintain records of trademark applications and registrations and to make them available for public inspection. Once submitted, an application becomes part of the public record and continues to be part of the public record whether the application is abandoned or the registration is surrendered, cancelled, or expired.

You can view and download documents contained in the USPTO's electronic records using the USPTO's Trademark Status and Document Retrieval (TSDR) system, at http://tsdr.uspto.gov/. To retrieve the records relating to your trademark, enter your application serial number or registration number and click the "Documents" button.

The date of the international registration is the date of receipt of the international application in the USPTO provided that the International Bureau receives the international application within 2 months of the date of receipt in the USPTO. If the International Bureau does not receive the international application within 2 months of the date of receipt in the USPTO, the date of the international registration will be the date of receipt by the International Bureau.

No. The international application must be filed through the USPTO. The USPTO must certify (review and confirm) that certain information in an international application based on a U.S. basic application or registration is the same as the information contained in the basic application or registration. The USPTO then forwards the international application to the International Bureau.

The countries that have joined the Madrid Protocol are called "Contracting Parties." A current list of the Contracting Parties is available online at the World Intellectual Property Organization (WIPO) website: http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=8.

No. If the irregularity concerns goods and/or services or classification, the applicant's response must be submitted through the USPTO, preferably one month before the due date.

No. Once an international application is submitted to the USPTO, it cannot be amended, changed, or corrected in any way. The applicant must contact the IB with any questions of concerns.

Yes. You can hand deliver your application between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday, except Federal holidays within the District of Columbia, to the following location:

Trademark Assistance Center
James Madison Building - East Wing
Concourse Level
600 Dulany Street
Alexandria, VA

General - Trademark Help - Getting Started - Other

For information about applying for a trademark, read our Trademarks basics pages that cover important topics and critical application filing tips. To understand what to expect in the overall process, view the timelines for trademark processing. If you still have questions, contact the Trademark Assistance Center at 1-800-786-9199 (press 1).

You may conduct a search free of charge on the USPTO Web site using the trademark search system. You may also conduct a trademark search by visiting the Trademark Public Search Library, between 8:00 a.m. and 8:00 p.m. at the Public Search Facility, Madison East, 1st Floor, 600 Dulany Street, Alexandria, VA 22313. Use of the Public Search Library is free to the public. You may check on the status of an application or registration through the Trademark Applications and Registrations Retrieval (TARR) database. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 (press 1) or 1-571-272-9250 to check the status.

No. However, certain countries recognize a United States registration as a basis for filing an application to register a mark in those countries under international treaties. See TMEP Chapter 1000 and TMEP Chapter 1900 for further information.

The question of whether an application may be filed in the name of a minor depends on your state's law. If the minor may validly enter into binding legal obligations, and may sue or be sued, in the state in which they are domiciled, the application may be filed in the name of the minor. Otherwise, the application must be filed in the name of a parent or legal guardian, clearly setting forth their status as a parent or legal guardian. An example of the manner in which the applicant should be identified in such cases is: "John Smith, United States citizen, (parent/legal guardian) of Mary Smith."

  • A completed application form submitted in hard copy or electronically as noted above.
  • The appropriate fee.
  • A drawing of the mark to be registered - this is true even if the mark is just an unstylized word.
  • Specimens of use of the mark if the application is based on actual use in commerce.

Paper applications and any accompanying communications or material should be addressed to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, Virginia 22313-1451

The "drawing" is a clear image of the mark applicant seeks to register. The USPTO uses the drawing to upload the mark into the USPTO search database and to print the mark in the Official Gazette and on the registration certificate. There are two types of drawings: "standard character" and "special form." For more information on the different types of drawings see our page on mark drawings.

A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. See the certification mark application page for more information. 

The USPTO examines trademark applications to determine if there is likelihood of confusion between the mark in the application and a previously registered trademark or another mark in a prior-pending application. If no conflict is found and all other statutory requirements are met, the examining attorney can approve the mark for publication. The USPTO has no powers of enforcement concerning the use of trademarks in the marketplace.

Some contents linked to on this page require a plug-in for PDF file.

You can access a copy of your documents by using the TDR Application Programming Interface (API), which relies on specific URLs rather than the TSDR interface presented through the USPTO website. You should follow these examples:

Perhaps. Because this depends on state law, the USPTO cannot provide a definite answer for all factual situations. You should consider contacting an attorney. Local bar associations and phone directories usually have attorney listings. Click here for further information.

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.

For goods, "interstate commerce" generally involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, "interstate commerce" generally involves rendering a service to customers in another state or rendering a service that affects interstate commerce (e.g., restaurants, gas stations, hotels).

All data you submit to the USPTO, including your phone number, e-mail address, and street address, but not your credit card and banking information, is public record and is viewable on the Internet. Do not submit personal identifying information that is NOT required for a filing, such as a social security number or driver's license number.

For more information, please consult the FAQs Personal Information in Trademark Records.

There are no specific requirements on where the "®" symbol should be placed relative to the mark, but most businesses use the symbol in the upper right corner of the mark. The "®" symbol indicates that you have federally registered your trademark with the United States Patent and Trademark Office. It puts the public on notice that your mark is registered and that you have nationwide rights in it. You may only use the registration symbol with the mark on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Note: Because several foreign countries use "®" to indicate that a mark is registered in that country, use of the symbol by the holder of a foreign registration may be proper.

There are three important restrictions on use of the "®" symbol: (1) it may only be used after the mark is registered (you may not use it during the application process); (2) it may only be used on or in connection with the goods and services listed in the federal registration; and (3) it may only be used while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Note: Because several foreign countries use "®" to indicate that a mark is registered in that country, use of the symbol by the holder of a foreign registration may be proper.

You may challenge use of your trademark by someone else in several ways, depending on the factual situation. You should consider contacting an attorney specializing in trademark law. Local bar associations and phone directories usually have attorney listings broken down by specialties. Time can be of the essence. Click here for further information.

The Applicant has six (6) months from the mailing date of the notice of allowance to file either a Statement of Use or an Extension Request.

If the applicant is using the mark in commerce on all of the goods/services listed in the notice of allowance, the applicant must submit a statement of use form, specimen and the required fee(s) within 6 months from the issue date the notice of allowance to avoid abandonment. Applicant cannot withdraw the statement of use; however, the applicant may file one extension request with the statement of use to provide more time to overcome deficiencies in the statement of use. No further extension requests may be filed.

If the applicant is not using the mark in commerce on all of the goods/services listed in the notice of allowance, the applicant must file an extension request form and the required fee(s) to avoid abandonment. The applicant must continue to file extension requests every 6 months calculated from the issue date of the notice of allowance until the statement of use is filed. A total of 5 extension requests may be filed.

You must file your Allegation of Use either prior to the date the application is approved for publication or within six months after the Notice of Allowance is issued, unless a request for an extension of time is granted.

Yes. A registered mark may be assigned and a mark for which an application to register has been filed may be assignable. Certain exceptions exist concerning the assignment of Intent-to-Use applications. Assignments may be recorded in the USPTO for a fee. For the guidelines for filing an assignment and the assignment form itself, click on Assignments or contact the Assignment Recordation Branch at 571-272-3350.

Once you receive a serial number for your application, you can check the status of your application through the Trademark Status and Document Retrieval (TSDR) system. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 to request a status check. You should check on the status of your pending application every 3-4 months. If the USPTO has taken any action, you may need to respond promptly. All USPTO actions are available for viewing using TSDR.

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 that may arise in the examination of the application. You may view the application processing timelines here.

The basic difference between these two filing bases is whether you have used the mark on all the goods/services. If you have already used your mark in commerce, you may file under the "use in commerce" basis. If you have not yet used your mark in commerce, but intend to use it in the future, you must file under the "intent to use" basis. An "intent to use" basis will require filing an additional form and fee that are unnecessary if you file under "use in commerce."

A specimen is a sample of how you actually use the mark in commerce on your goods or with your services. A specimen shows the mark as your purchasers encounter it in the marketplace (e.g., on your labels or on your website).

A band name may function as a service mark for "entertainment services in the nature of performances by a musical group" if it is used to identify live performances.

Only the owner of the trademark may file an application for registration. The owner 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. The owner may be an individual, corporation, partnership, LLC, or other type of legal entity.

No. However, your citizenship must be provided in the application. If you have dual citizenship, then you must indicate which citizenship will be printed on the certificate of registration.

You may search the USPTO's Trademark Electronic Search System (TESS) database free of charge before filing or you may wish to hire an attorney to perform the search and assess the results for you. Alternatively, you can search the database at a Patent and Trademark Resource Center (PTRC). Information about PTRC locations can be found here.

If you claim rights to use a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim of a "common-law" mark. No registration is necessary to use a "TM" or "SM" symbol and you may continue to use these symbols even if the USPTO refuses to register your mark. Those symbols put people on notice that you claim rights in the mark, although common law doesn't give you all the rights and benefits of federal registration.

You may only use the federal registration symbol "®" after the USPTO actually registers a mark, not while an application is pending. And it may only be used on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive (you may not continue to use it if you don't maintain the registration or it expires). Although there are no specific requirements on where the symbol should be placed relative to the mark, most businesses use the symbol in the upper right corner of the mark. Note: Because several foreign countries use "®" to indicate that a mark is registered in that country, use of the symbol by the holder of a foreign registration may be proper.

Registration is not guaranteed and only money paid when not required may be refunded. For information on why registration may be refused, see Basic Facts About Trademarks.

It is advisable to conduct a search before filing your application. See TESS TIPS for further information.

A collective mark is any word, phrase, symbol or design, or a combination thereof owned by a cooperative, an association, or other collective group or organization and used by its members to indicate the source of the goods or services.

No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.

A service mark is a word, phrase, symbol or design, or a combination thereof, 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.

A copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

A copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevant others from writing a description of their own or from making and using the machine. Copyrights are registered by the Library of Congress' Copyright Office.

There are times when you may desire a combination of copyright, patent, and trademark protection for your work. You should consult an attorney to determine what forms of intellectual property protection are best suited to your needs.

A collective membership mark is any word, phrase, symbol or design, or a combination thereof which indicates that the user of the mark is a member of a particular organization. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a membership mark is to indicate membership, use of the mark is by members.

Other - Getting Started

Applications for trademarks used on regulated products (e.g. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. gambling and wagering, retail stores featuring controlled substances) are subject to additional review. See more information on our Laws and regulations page. 

Trademark Help - Madrid Protocol - Basics

The applicant should immediately send a request to withdraw the international application to the Madrid Processing Unit (MPU) mailbox at mpu@uspto.gov. However, if the international application has already been assigned to a MPU Trademark Specialist for certification or automatically certified electronically, it may be too late.

The USPTO offers several stand-alone forms:

  1. Application for International Registration
  2. Subsequent Designation of an International Registration - to extend protection of goods/services to additional countries or extend protection of additional goods/services to previously designated countries
  3. Response to a Notice of Irregularity

TEAS global form options for:

  1. Replacement Request - request for the USPTO to note the replacement of a U.S. national registration with a registered extension of protection
  2. Transformation Request - to request transformation of a cancelled international registration into a US national application
  3. Declaration of Use or Excusable Nonuse under Section 71
  4. Combined Declaration of Use & Incontestability under Sections 71 and 15
  5. Petition to the Director to Review denial of certification of International Application

 

Yes. If the holder of an international registration is a national of, has a domicile in, or has a real and effective business or commercial establishment in the United States and the international registration is based on a U.S. application or registration, then the subsequent designation may be submitted to the USPTO using the electronic form provided through the Trademark Electronic Application System (TEAS) with a USPTO transmittal fee of $100. The holder also has the option of filing a subsequent designation directly with the International Bureau.

Trademark Help - Madrid Protocol - International Application

Generally, an international application must be filed electronically using the Trademark Electronic Application System for International Applications (TEASi).

 

Once the International Bureau registers the mark, the International Bureau will notify each Contracting Party designated in the international registration of the request for an extension of protection to that country. Each designated Contracting Party will then examine the request for an extension of protection the same as it would a national application under its laws. If the application meets the requirements for registration of that country, then the Contracting Party will grant protection of the mark in its country.

There are strict time limits for refusing to grant an extension of protection (a maximum of 18 months). If a Contracting Party does not notify the International Bureau of any refusal of an extension of protection within the time limits set forth in Article 5(2) of the Madrid Protocol, the holder of the international registration is automatically granted protection of its mark in that country.

Yes. An applicant may either limit the goods and/or services at the time of filing the international application in the appropriate section of the form or limit them later with the International Bureau (IB) by submitting the required Form MM6 available at www.wipo.int/madrid/en/forms.

No. An applicant must file the appointment directly with the IB on Form MM12.

No. Applicant may not resubmit an international application using the same USPTO Reference Number. A new international application will receive a new USPTO Reference Number.

If the international application meets the requirements of 37 C.F.R. §7.11(a), then the USPTO will certify that certain information in the international application is the same as the information in the U.S. basic application or registration and forward the international application to the International Bureau.

If the international application does not meet the requirements of 37 C.F.R. §7.11(a), then the USPTO will not certify the international application. The USPTO will notify the international applicant of the reasons why the international application cannot be certified. The certification fee is not refundable. The international applicant may promptly resubmit a corrected international application based on the same U.S. application or registration. The certification fees must be included with the new submission.  Alternatively, the international applicant can file a petition to the Director to review the denial of certification.  Timeliness of petitions is paramount as the international registration date may be affected if the petition is filed too late after issuance of the denial of certification.

By using the USPTO Reference Number assigned to an international application, information concerning an international application may be obtained in Trademark Status and Document Retrieval (TSDR) under the section titled "Madrid History" on the "Status" tab. Use the "Documents" tab of TSDR to view the actual petition that was filed and the processing documentation issued by the USPTO in granting or denying the petition.

Trademark Help - Maintaining a Trademark - Section 71

Yes, the holder of a registered extension of protection of an international registration to the U.S. must file an application for renewal of the international registration with the International Bureau (IB). 37 C.F.R. §7.41(a). Renewal of international registrations is governed by Article 7 of the Madrid Protocol and Rules 29 - 31 of the Common Regulations under the Madrid Agreement and Protocol.

The owner of the registration must file a §71 Declaration during the following time periods:

  1. First Filing Deadline: File a Declaration of Use (or Excusable Nonuse) on or after the fifth anniversary and no later than the sixth anniversary after the date of registration in the United States, or in the six-month grace period immediately following, with payment of the grace period surcharge.
  2. Subsequent Filing Deadline: File a Declaration of Use (or Excusable Nonuse) within the year preceding the end of each ten-year period after the date of registration in the U.S., or in the six-month grace period immediately following, with payment of the grace period surcharge.

Yes.  USPTO electronic forms for filing a §71 Declaration are available online at the USPTO website through Form #9 in the Registration Maintenance/Renewal Forms.

>> File §71

Holders (owners) of registered extensions of protection to the U.S. (also called §66(a) registrations, registrations resulting from 79' series applications, international registrations extended to the U.S.) who wish to maintain the protection granted their mark in the U.S. pursuant to the Madrid Protocol must file an affidavit or declaration of use in commerce or excusable nonuse to avoid cancellation of protection in U.S. Such affidavits are required pursuant to Section 71, 15 U.S.C. §1141k, of the Trademark Act. The USPTO has no authority to waive or extend the deadline for filing a proper §71 Declaration. Registrations cancelled due to the failure to file a §71 Declaration cannot be reinstated or "revived." A new application to pursue registration of the mark again must be filed.

Please review the additional information on Madrid Protocol Maintenance Requirements.

Requests for renewal of an international registration must be filed directly with the International Bureau (IB). 37 C.F.R. §7.41(a) A renewal can be filed during the six months before expiry of the period of protection or in the six months following the expiry of the current period of protection with the payment of a surcharge.

The term of an international registration is ten years, and it may be renewed for ten years upon payment of the renewal fee. Articles 6(1) and 7(1). There is a renewal form available on the IB website. 

On-line renewals may be filed through the WIPO Marks E-Renewal System.

Trademark Help - Maintaining a Trademark - Section 15

Yes. The fee for filing a §15 Declaration electronically using the Trademark Electronic Application System (TEAS) is $200 per class of goods/services. The filing fee for a Sections 8 & 15 Combined Declaration is $325 per class.

Yes. There are electronic forms for filing a §15 Declaration, a combined §8 and §15 Declaration, and a combined §15 and §71 Declaration, using the Trademark Electronic Application System (TEAS). These forms may be filed separately as well in accordance with the specific requirements of each.

The USPTO neither examines the merits of §15 Declarations nor "accepts" §15 Declarations. However, the USPTO will review a §15 Declaration to determine whether it complies with statutory requirements. The USPTO will acknowledge receipt of only those §15 Declarations that meet all statutory requirements. Section 15 Declarations for registrations issued under Section 69, 15 U.S.C. §1141i, may only be filed in accordance with the specific time requirements outlined in Section 73. 15 U.S.C. §1141m. Section 73 itself does not require a separate filing, but rather only establishes the time for filing. The §15 Declaration form may be used regardless of the original basis for registration.

A person who is properly authorized to sign on behalf of the owner may sign the §15 Declaration. That is:

  1. A person with legal authority to bind the owner;
  2. A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
  3. An attorney as defined in 37 C.F.R. §11.1 who is qualified to practice under 37 C.F.R. §11.14 and who has actual written or verbal power of attorney or an implied power of attorney from the owner.

 

A §15 Declaration must include:

  • The registration number and the date of registration;
  • The fee for each class of goods/services in the registration to which the Declaration pertains;
  • A statement that:

    (a) the mark has been in continuous use in commerce for a period of five years subsequent to the date of registration, or the date of publication under 15 U.S.C. §1062(c), on or in connection with the goods/services recited in the registration and is still in use in commerce;

    (b) there has been no final decision adverse to the owner's claim of ownership of the mark for the goods/services, or to the owner's right to register the mark or to keep the same on the register; and

    (c) there is no proceeding involving the claimed rights pending in the USPTO or in a court of law and not finally disposed of; and 
     
  • A signed and dated affidavit or declaration under 37 C.F.R. §2.20. verifying the statements above.

An "incontestable" registration is conclusive evidence of the validity of the registered mark, of the registration of the mark, of the owner's ownership of the mark and of the owner's exclusive right to use the mark with the goods/services. The claim of incontestability is subject to certain limited exceptions set forth in §§15 and 33(b) of the Trademark Act, 15 U.S.C. §§1065 and 1115(b).

A §15 Declaration is a sworn statement, filed by the owner of a mark registered on the Principal Register, claiming "incontestable" rights in the mark for the goods/services specified. Marks registered on the Supplemental Register are not eligible for claims of incontestable rights under §15.

Yes.  A §15 Declaration may not be filed until the mark has been in continuous use in commerce for at least five consecutive years subsequent to the date of registration for marks registered under the Act of 1946 (and subsequent to the date of publication under §12(c) of the Trademark Act, 15 U.S.C. §1062(c), for marks registered under the Acts of 1905 and 1881 for which the benefits of the Act of 1946 have been claimed). The §15 Declaration must be executed and filed within one year following a 5-year period of continuous use of the mark in commerce.

No.  The filing of a §15 Declaration is optional. An owner may choose to claim the benefits of incontestability by filing a §15 Declaration or may elect to retain the registration without those benefits. The term of the registration, for purpose of renewal, is not affected in either event.

Trademark Help - Maintaining a Trademark - Sections 8 & 9

Yes. The fee for filing a §9 Renewal electronically using the Trademark Electronic Application System (TEAS) is $300 per class of goods/services. The fee for filing a Combined Section 8 Declaration and Section 9 Renewal Application electronically is $425 per class of goods/services. There is an additional surcharge of $100 per class for filing a Section 9 Renewal Application electronically within the 6-month grace period, or a $200 fee per class for filing a Combined Section 8 Declaration and Section 9 Renewal Application electronically during the grace period.

A §9 Renewal Application must include:

  1. A request to renew the registration signed by the registrant or the registrant's representative;
  2. The registration number, mark and date of registration;
  3. A name and address for correspondence; and
  4. The filing fee.

Section 9 Renewal Applications are reviewed by trademark specialists in the Post-Registration Division. If the §9 Renewal Application is accepted, the USPTO will issue a notice granting the renewal. If the §9 Renewal is refused, the USPTO will send an Office Action stating the reasons for refusal and any remedies available.

You can also view the status of your registration and view and download documents contained in the USPTO’s electronic records using our Trademark Status and Document Retrieval (TSDR) database.  To retrieve the records relating to your trademark, enter your application serial number or registration number and click the “Documents” button.  You can find your application serial number and your registration number on your registration certificate.

To renew a federal trademark registration, you must file an Application for Renewal under §9 of the Trademark Act, 15 U.S.C. §1059 in conjunction with a §8 Declaration. See the answer below.

Yes.  Subject to the filing of §8 Declarations and §9 Applications for Renewal, federal trademark registrations issued on or after November 16, 1989, remain in force for 10 years, and may be renewed for 10-year periods. Trademark registrations issued or renewed prior to November 16, 1989 remain in force for 20 years, and may be renewed for 10-year periods.

Yes.  USPTO electronic forms for filing a combined §8 declaration and §9 renewal application are available online at the USPTO website.

>> File combined §8 & §9 

Yes.  The owner must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date, and between every 9th and 10th year after the registration date thereafter. See 15 U.S.C. § 1059. NOTE regarding Grace Period Filings: The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. The USPTO has no authority to waive or extend the deadline for filing a proper §9 Renewal Application. Registrations cancelled due to the failure to file a §9 Renewal Application cannot be reinstated or "revived." A new application to pursue registration of the mark again must be filed.

Because the time period for filing the 10-year §8 Declaration coincides with the filing of a §9 Renewal Application, the USPTO created a form entitled "Combined Declaration of Use in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9" ("combined form"). As noted above, the filing of timely §8 Declarations are required to avoid the cancellation of a registration.

Trademark Help - Maintaining a Trademark - Section 8

A §8 Declaration must include:

  • The registration number;
  • The name and address of the current owner;
  • The fee for filing the Declaration;
  • If the mark is in use: a statement that the registered mark is in use in commerce; a list of the goods/services recited in the registration on or in connection with which the mark is in use; and one specimen per class of goods/services. Examples of acceptable specimens are tags/labels affixed to the goods, and advertisements for services; and
  • A signed and dated affidavit or declaration under 37 C.F.R. §2.20. supporting the above statements.

The fee for filing a §8 Declaration electronically using the Trademark Electronic Application System (TEAS) is $125 per class of goods/services. There is an additional grace period surcharge of $100 per class of goods/services when filing electronically during the 6-month grace period.

If the owner of the registration is claiming excusable nonuse of the mark, the §8 Declaration must include:

  • The registration number;
  • The name and address of the current owner;
  • The fee for filing the Declaration;
  • A list of the goods/services in the registration on or in connection with which the mark is not in use in commerce; the date of the last use of the mark in commerce;
  • The date of the last use of the mark in commerce; the approximate date when use in commerce is expected to resume; details regarding the reason for nonuse; and specific steps being taken to resume use; and
  • A signed and dated affidavit or declaration under 37 C.F.R. §2.20 supporting the above statements.

The owner or a person who is properly authorized to sign on behalf of the owner may sign the §8 Declaration. That is:

  • A person with legal authority to bind the owner;
  • A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
  • An attorney as defined in 37 C.F.R. §11.1 who is qualified to practice under 37 C.F.R. §11.14 and who has actual written or verbal power of attorney or an implied power of attorney from the owner.

Section 8 Declarations are reviewed by trademark specialists in the Post-Registration Division. If the §8 Declaration is accepted, the USPTO will send a Notice of Acceptance. If the §8 Declaration is refused, the Office will send an Office Action stating the reasons for refusal and any remedies available.

You can also view the status of your registration and view and download documents contained in the USPTO’s electronic records using our Trademark Status and Document Retrieval (TSDR) database.  To retrieve the records relating to your trademark, enter your application serial number or registration number and click the “Documents” button.  You can find your application serial number and your registration number on your registration certificate.

The owner of the registration must file a §8 Declaration during the following time periods:
 

  • First Filing Deadline: File a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. § 1058. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period from the registration date, unless cancelled by an order of the Commissioner for Trademark or a federal court
     
  • ​Subsequent Filing Deadline: File a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date, and between every 9th and 10th year after the registration date thereafter. See 15 U.S.C. § 1059.

NOTE regarding Grace Period Filings:  The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

Yes.  The USPTO will cancel any registration on either the Principal Register or the Supplemental Register if a timely §8 Declaration is not filed by the current owner of the registration during the prescribed time periods. The USPTO has no authority to waive or extend the deadline for filing a proper §8 Declaration. Registrations cancelled due to the failure to file a §8 Declaration cannot be reinstated or "revived." A new application to pursue registration of the mark again must be filed.

A §8 Declaration of Continued Use is a sworn statement, filed by the owner of a registration, that the mark is in use in commerce. Section 8 of the Trademark Act, 15 U.S.C. §1058. If the owner is claiming excusable nonuse of the mark, a §8 Declaration of Excusable Nonuse may be filed. The purpose of the §8 Declaration is to remove marks no longer in use from the register.

Yes.  USPTO electronic forms for filing a §8 Declaration and a combined 10-year §8 Declaration and §9 Renewal Application are available online at the USPTO website. 

>> File §8 ​

The Trademark Manual of Examining Procedure (TMEP) is available online at the USPTO website. This resource contains an explanation of excusable nonuse and examples of circumstances under which a claim of excusable nonuse has been accepted. See TMEP §1604.11.

In general, nonuse must be temporary, and the owner must clearly demonstrate how the circumstances prevent use of the mark in commerce and what efforts are being made to resume use. Please note that nonuse due to the decreased demand for a product does not by itself constitute "excusable nonuse."

A §8 Declaration of Excusable Nonuse is a sworn statement, filed by the owner of a registration, that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. Section 8 of the Trademark Act, 15 U.S.C. 1058.

No.  Once the USPTO accepts the §8 Declaration of Excusable Nonuse, the owner of the registration is not required to file another §8 Declaration until the next statutory filing period.

Trademark Help - Maintaining a Trademark - Basics

  • View the Post Registration Timeline for all Registrations except Madrid Protocol-Based Registrations for an overview of the process steps and time frames for maintaining a trademark registration. After a registration issues, to keep the registration "alive" or valid, the registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your registration.
     
  • View the Post-Registration Timeline for Madrid Protocol-Based Registration for an overview of the process steps and time frames for maintaining a Madrid Protocol-based registration. After protection is granted to the international registration and a U.S. registration issues, to keep protection in the U.S., the U.S. registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your U.S. registration and the invalidation of protection of the international registration by the USPTO.

Trademark Help - Native American Tribal Insignia - Basics - Technical Information - Native American Tribal Insignia Database - Basics

The Native American tribal insignia database is a public collection database that is a component of the trademark search system, a larger database maintained by the United States Patent and Trademark Office (USPTO). This database records the official tribal insignia of federally or state-recognized Native American tribes, and we use it to help us examine applications for trademark registration. As part of the examination process, we determine whether trademarks may falsely suggest a connection to the tribal insignias of participating Native American tribes. See our Native American tribal insignia webpage for more information. 

A federally or state-recognized Native American tribe may submit its official tribal insignia to the database by submitting a written request in compliance with the guidelines listed on the Native American tribal insignia webpage. You can submit your request electronically, by mail, by fax, or by hand delivery. We invite tribes to submit more than one tribal insignia. Please submit only one per request. 

No. We do not investigate whether the tribal insignia is the official tribal insignia of the tribe that made the submission. We comply with every proper request to include tribal insignia in the database. See our Native American tribal insignia webpage for more information. 

TEASi

We make every effort to have TEASi available 24 hours a day, seven days a week. However, the site is sometimes down for scheduled maintenance, for which the USPTO generally posts advance notice. We recommend that you check the current server status and planned outages page before beginning the filing process. Sometimes the site is also down unexpectedly. Although we try to restore service as soon as possible, this does not always happen as quickly as we would hope. Because of the possibility of an unforeseen problem (such as site downtime or Internet connectivity issues), we do encourage you to plan ahead when filing papers electronically and not wait until the last minute to file time-sensitive papers with the USPTO.

All forms filed via TEASi are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).

If your deadline is today and the document cannot be filed via TEASi due to an outage, you must use an alternative method of filing to ensure that the document is timely received in the USPTO. A deadline that falls on a Saturday, Sunday or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. See TMEP §308.

Trademark Help - TEASi - Priority Claim Information

If the country of earlier filing is the United States, click the "Retrieve GS" button to populate Class and goods/services data automatically. Otherwise, you must use the pull-down box to enter the number of classes you wish to add, and then click on the "Add Classes" button.

Enter the filing date of the application that is the basis for the priority claim. NOTE: In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the six-month period from the claimed priority date is a day when the Office of origin is not open for the receipt of requests to present international applications, the six-month period will, where the international registration bears the date of the receipt by the Office of origin of the said request, be extended until the first following working day at the Office of origin; similarly, where the international registration bears the date of the receipt of the international application by the International Bureau (IB), or a subsequent date, and the last day of the six-month period is a day when the IB is not open to the public, the six-month period will be extended until the first following working day at the IB.

An international applicant may assert a priority claim for a trademark application filed in another country, prior to the filing of the international application. If recognized by the International Bureau (IB), this claim may result in an international registration date that is earlier than the date of filing of the international application.

In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the six-month period from the claimed priority date is a day when the Office of origin is not open for the receipt of requests to present international applications, the six-month period will, where the international registration bears the date of the receipt by the Office of origin of the said request, be extended until the first following working day at the Office of origin; similarly, where the international registration bears the date of the receipt of the international application by the International Bureau (IB), or a subsequent date, and the last day of the six-month period is a day when the IB is not open to the public, the six-month period will be extended until the first following working day at the IB.

Trademark Help - TEASi - International Application FAQ's

To open a current account for the settlement of fees at WIPO's International Bureau (IB), you must file a signed request for the opening of the account, together with the payment of an initial deposit. The current accounts will be kept only in Swiss francs at the headquarters of WIPO in Geneva. An initial deposit of at least 5,000 Swiss francs (CHF) is recommended. For further information on establishing an account at WIPO, review the Current Account at WIPO's International Bureau page.

Under 37 C.F.R. §7.11(a), the United States Patent and Trademark Office (USPTO) will grant a date of receipt to an international application that is submitted through the Trademark Electronic Application System International (TEASi) and contains all of the following:

1. The filing date and serial number of the U.S. basic application and/or the registration date and registration number of the U.S. basic registration;
2. The name of the international applicant that is identical to the name of the applicant or registrant as it appears in the basic application or basic registration and applicant's current address;
3. A statement that the applicant is entitled to file an international application in the USPTO, specifying that applicant:
(i) is a national of the United States;
(ii) has a domicile in the United States; or
(iii) has a real and effective industrial or commercial establishment in the United States. Where an applicant's address is not in the United States, the applicant must provide the address of its U.S. domicile or establishment.
4. An e-mail address for receipt of correspondence from the USPTO.
5. A reproduction of the mark that is the same as the mark in the basic application and/or registration.
6. A color claim as detailed in § 7.12, if appropriate;
7. A description of the mark that is the same as the description of the mark in the basic application or registration, as appropriate;
8. An indication of the type of mark if the mark in the basic application and/or registration is: (1) a three-dimensional mark, (2) a sound mark, (3) a collective mark, or (4) a certification mark;
9. A list of the goods and/or services that is identical to or narrower than the list of goods and/or services in each claimed basic application or registration and classified according to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
10. Fees in the nature of: (1) the USPTO certification fee, (2) the international application fees for all classes, and (3) the fees for all designated Contracting Parties identified in the international application.

Yes, TEASi form works on all iOS, Android and Windows mobile devices.

Pre-Populated Form: The pre-populated form will automatically display the exact information that is already in the USPTO database for one specific serial number of a U.S. basic application or a U.S. basic registration number. If you do not change any data fields, the USPTO will directly submit information that must be certified to WIPO's International Bureau (IB), without independent review of this data at the USPTO. Alternatively, this form may be used where certain data fields can be changed (e.g., either narrowing the scope of the identification of goods and/or services in the U.S. basic application or registration, and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database as a black-and-white image); however, if any data field is changed, an independent review of this data will occur by the USPTO's Madrid Processing Unit before the form will be forwarded to the IB.

Free-Text Form: The free-text form must be used if: (1) the application for international registration is being based on more than one serial number of a U.S. basic application or a U.S. basic registration number; (2) data is being changed in any way other than only narrowing the scope of the identification of goods and/or services in the U.S. basic application or registration and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database as a black-and-white image; or (3) the U.S. basic application being used as the basis is not yet loaded into the Office's database at the time of filing, e.g., immediately after a U.S. application was filed. Information on this form is not automatically certified, and will not be submitted directly to the IB. Instead, the form will be routed to the USPTO's Madrid Processing Unit for review. If all elements required for certification are supplied, the form will then be forwarded to the IB.

Trademark Help - TEASi - Fees

The number of a current account that has been opened with the International Bureau (IB).

In addition to the USPTO certification fees, there are fees that must be paid to WIPO.  These WIPO fees payable in connection with the filing of an international application consist of: (1) the basic fee (WIPO's fee for processing the international application) and (2) either the complimentary fee(s) or the individual fee(s), depending on the Contracting Parties designated. An additional fee is required for the submission of any color image. The calculation can be determined from the WIPO fee calculator. The total is reflected in U.S. dollars, as converted from Swiss francs. See WIPO's website at http://www.wipo.int/madrid/en/fees/ for more details.

USPTO Certification Fee: If the international application is based on one basic application or one basic registration, the fee is $100 per class based on the total number of classes in the international application.  Each class only counts once, even if that class is claimed multiple times for different Contracting Party countries within the international application. The fee is $150 per class, rather than $100 per class, when the international application is based on more than one U.S. basic application or registration.  These fees are for filing the international application electronically.  If the international application is filed on paper, the fees will be higher.

This is the rate being used to convert Swiss francs into U.S. dollars. This rate is obtained daily and populates the form to determine the amount due at the time of filing.

For a payment already submitted and acknowledged by WIPO, the specific payment reference number assigned to the submission.

The full name of the holder of the current account that has been opened with the International Bureau (IB).

The number assigned by WIPO to confirm receipt of payment.

Trademark Help - TEASi - Mark Section

For entry of a mark at Option #1 in the Free-Text form, the entered character(s) must appear in the USPTO accepted standard character set. From the entry made, the USPTO will create a JPG image file of the mark, required for proper processing. 

If using the Pre-Populated form, the mark is automatically populated into the form and cannot be changed.

When attaching my drawing image what is the proper size of the JPG/JPEG file? All black-and-white jpg images and color jpg images must be scanned at no less than 300 dots per inch and no more than 350 dots per inch, and with a length and width of no less than 250 pixels and no more than 944 pixels, e.g., a valid pixel dimension is 640 X 480 pixels. To ensure your image file meets these requirements, you can use a free graphic viewer, e.g., Irfanview. If you cut-and-paste an image into Irfanview, or open an image file using the program, select "Image" from the tool bar and "Information" from the drop-down choices to view the current DPI and pixel dimensions. If your image is not in the proper dimension, you can use Irfanview to change the DPI and pixel dimensions: 1) Select "Image" from the tool bar; 2) Select "Resize" from the drop-down choices; 3) Set the DPI to 300 - 350 and change the pixel dimension to within the accepted range of 250 X 944; 4) If the new image file looks acceptable to you in the new dimensions, save the image file, by selecting "File" from the tool bar and using the "Save As" feature to save the file as a JPG image. If the image is not clear, do not submit the image. Instead, seek the assistance of a graphic artist to create the properly-sized jpg file.

Yes.  The application for international registration can be limited to only those classes for which you want the international registration to cover. E.g., the basic application may contain 4 total classes but all designated Contracting Parties may be limited to only 3 of those classes. 

If the basic application or basic registration contains a description of the mark, the international application must contain the same description of the mark.  If the mark is in color, you should list the portions of the mark that are in color and the corresponding color for each, e.g., "A bird with a blue body, a red head, and a yellow beak." Do not enter any USPTO design search codes or their descriptions in the mark description field, e.g., silhouettes of men is coded 02.01.02.

To decrease the color depth in an existing JPEG image to only grayscale (and as close to pure "black-and-white" as possible), you can use a free graphic viewer, e.g., Irfanview. If you copy-and-paste an image into Irfanview, you can decrease the color depth to two colors by following these steps: 1) Select "Image" from the tool bar; 2) Select "Decrease Color Depth" from the drop-down menu; 3) Select "2 colors, black and white;" 4) Click "ok;" 5) Confirm view of image as a pure black and white image; 6) Select "File" from the tool bar and select "Save As;" 7) Select "Save as grayscale JPEG" that appears in a popup window titled "JPEG/GIF save options"; 8) Save the image as a JPEG; and 9) Attach this image to your application as your proper black-and-white mark image. If you are not able to reproduce your mark as a pure black-and-white image, you should seek the assistance of a graphic artist.

NOTE: The form will "reject" a "black-and-white" image that has colors associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined for color are not; you must submit an actual color image

The "ideal" "black-and-white" image would consist of only two colors, namely, black and white. Unfortunately, due to limitations within the existing JPEG format, that is impossible. Instead, the "best" possible image will be a grayscale image that is as close to black and white as possible. This grayscale image can be created by image editors that will save the image in 8-bit JPEG, which eliminates all color elements from the JPEG image. When scanning your image file, you should confirm that the settings on your scanner are set to create a black-and-white or grayscale JPEG, not a color image. If you submit a black-and-white or grayscale image that has colors associated with it, WIPO will reject the image and you will receive an irregularity on your application.

NOTE: The form will "reject" a "black-and-white" image that has colors associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined for color are not; you must submit an actual color image

Transliteration: Enter the transliteration of any non-Latin characters in the mark. A transliteration is the phonetic spelling, in corresponding Latin characters, of the word(s) in the mark that are in non-Latin characters. E.g., if the mark consists of the Chinese character that is pronounced "Chi," you would enter "Chi" in this field.

Where the mark consists of or contains words that can be translated, such a translation may be provided. The translation may be into English and/or French and/or Spanish, irrespective of the language of the international application. The International Bureau (IB) will not check the accuracy of any translation of the mark, nor will it question the absence of a translation or provide a translation of its own.

Parts of the mark in color: List the portions of the mark that are in color and the corresponding color for each, e.g., "A bird with a blue body, a red head, and a yellow beak." This statement need not duplicate the mark description but must identify the principal parts of the mark that are in each color.

Color(s) in the mark: List here only the actual color(s) appearing within the mark. For example, a proper entry may consist of the single word "green," or multiple colors, such as "red, blue, and yellow." No other information should be provided.

Uploaded Color Image: If you have uploaded a color image, but do not wish to proceed with that color image, you must return to the Wizard page and answer "No" to Question #1. When you return to the Mark section, your original image from the USPTO database will then be displayed.

A disclaimer is not required in the international application merely because it occurs in the basic application or is contained in the basic registration. You may enter the descriptive or generic wording found in the mark, for which no claim is being made to the exclusive right to use, apart from the mark as shown, in order to obviate a request for such a disclaimer by a designated Contracting Party.

Verbal Element: Enter the word(s) that appear within the overall composite mark (as shown in the JPG image file). E.g., if the mark consists of the design of a cat and the words THE CAT'S MEOW, you would enter in this field THE CAT'S MEOW. You would NOT enter "The design of a cat and THE CAT'S MEOW"- it is the actual image file that will show this.

Trademark Help - TEASi - Exclusions And Limitations

A limitation allows you to request protection of the mark in specifically designated Contracting Parties for less than all of the goods/services/classes that will be covered by the international registration. The applicant may request a limitation of the list of goods and/or services, which may affect some or all of the designated Contracting Parties. This does NOT remove the goods and/or services from the international application or affect their ability to be assigned in a subsequent designation. The sole effect is that the international registration does not extend a request for protection for those goods and/or services that are not identified in the limitation into the Contracting Parties identified in the application. The goods and/or services will still be examined by the International Bureau (IB), and, if accepted, published in the International Gazette as part of the international registration. They may be subsequently designated at any time after issuance of the international registration into any of the Contracting Parties.

A new international application may be filed in the future to extend protection of the excluded class, so long as the U.S. basic application or registration is maintained.

An exclusion of the goods and/or services in a class removes the class from the international application. The USPTO does not send the goods and/or services information for the excluded class to the International Bureau (IB), and no subsequent designation of this class will be possible.

A "partial limitation" is a narrowed list of goods and/or services for a particular class which are extended into some or all designated Contracting Parties in the international application. The listing of goods and/or services in a "partial limitation" is the only goods and/or services for which protection is being sought in the designated Contracting Parties.

In a "total limitation," the entire list of goods and/or services for a particular class or classes is not extended into some or all designated Contracting Parties in the international application. The class or classes will remain part of the international registration and may be subsequently designated at a later time to any Contracting Party.

Trademark Help - TEASi - Basics

Complete all fields for which information is known.  Fields prefaced with an asterisk (*) are required fields for filing purposes and must be completed. Do not use your browser's "Back" or "Forward" buttons. 

Instead, use the "< Previous" or "Next >" buttons at the bottom of each section of the form.  As you navigate through the sections, each section is validated before the next section is displayed. If there are any errors, you must fix them before proceeding to the next section. 

To save data already entered within a section, you must first click on "Next >" prior to using the "< Previous" button, should you wish to go back.  Use the Pay/Submit button at the bottom of the Validation Page. After accessing the proper screen for payment and making the appropriate entries, you will receive a confirmation screen if your transmission was successful. 

You will also receive an e-mail acknowledgement of your submission providing a summary of your filing.  Please contact TEAS@uspto.gov within 24 hours of transmission (or by the next business day) if you do not receive this e-mail acknowledgement.

No.  All of the software remains on the USPTO website.

Trademark Electronic Application Submission International (TEASi) is an e-filing system that allows for the filing of the forms required under the Madrid Protocol to the United States Patent and Trademark Office (USPTO). The Madrid Protocol is an international treaty that establishes a framework for the international registration of trademarks. It allows a trademark owner to file for registration in any of the countries (called Contracting Parties) that have joined the Madrid Protocol by filing a single application, called an “international application” or “Madrid application.” The international application is based on an application or registration in the trademark owner’s own country (a basic application or basic registration). The International Bureau (IB) of the World Property Intellectual Organization (WIPO) administers the international trademark applications under the Madrid System for the International Registration of Marks (the Madrid System). TEASi allows USPTO customers to submit electronic forms for the filing of an application for international registration, subsequent designation, request for transformation, request to note replacement, and response to a notice of irregularity issued by the International Bureau of WIPO. TEASi can be accessed through the USPTO website at http://www.uspto.gov/trademarks/teas/teasi.jsp .

To save the form, click on the “Save Form” button at the bottom of the Validation Page.  The system will send you an email at the address you provided with a subject line “Application for International Registration Saved.”  The message will contain a link from which you can access the saved application at a later time.

To use this form successfully, please note the following requirements:

  • You must use one of the following browsers: Internet Explorer 9+; FireFox 5+; Safari 5.1+; Google Chrome 13+. You can NOT use Netscape 4.x; 
  • You must have the cookies and javascript features of your browser enabled;
  • Do NOT use your browser's "BACK" or "FORWARD" buttons at any time to navigate through any portion of this form. Always use the navigational tools provided specifically at the bottom of the form pages; and
  • If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from TEAS@uspto.gov are not falsely identified as spam or junk.

 

All forms filed via TEASi are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).

Trademark Help - TEASi - Goods/Services

Enter the goods and/or services that are identical to or narrower than the goods and/or services identified in each claimed U.S. basic application or registration. For more information about acceptable language for the goods and/or services, see the USPTO's on-line U.S. Acceptable Identification of Goods and Services Manual (ID Manual), or WIPO's on-line Goods & Services Manager.

Trademark Help - TEASi - Contact Information

If you need help resolving technical glitches, you should e-mail TEAS@uspto.gov.  The TEAS team is generally available Monday – Friday from 8 a.m. until 5 p.m. Eastern Time, except holidays, and will respond to your inquiry at the earliest opportunity.

For general information about the Madrid Protocol, please contact the Madrid Processing Unit at MPU@uspto.gov, or (571) 272-8910. Please include your telephone number in your e-mail or voicemail so we can talk to you directly, if necessary. MPU is generally available Monday - Friday from 8:30 a.m. until 5:00 p.m. Eastern Time, except holidays, and will respond to your inquiry at the earliest opportunity.

Trademark Center

The cost to file an application remains the same in both Trademark Center and TEAS. See our current fee schedule.

You can submit a TEAS Standard or TEAS Plus application in Trademark Center.  

Eventually, it’ll become the single platform to apply for and maintain registered trademarks. Over the next few years, we’ll gradually transition all forms from the Trademark Electronic Application System (TEAS) and TEAS International (TEASi) to Trademark Center.  

Trademark Help - Trademark Electronic Application System (TEAS) - Basics - Technical Information - Trademark Electronic Application System (TEAS) - Other

We make every effort to have the Trademark Electronic Application System (TEAS) available 24 hours a day, seven days a week. The site is sometimes down for scheduled maintenance, for which the USPTO generally posts advance notice. We recommend that you check the current server status and planned outages page before beginning the filing process. Sometimes the site is also down unexpectedly. Although we try to restore service as soon as possible, this does not always happen as quickly as we would hope. Because of the possibility of an unforeseen problem (such as site downtime or Internet connectivity issues), we encourage you to plan ahead and not wait until the last minute to file time-sensitive forms electronically with the USPTO.

All forms filed via TEAS are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).

If your deadline is today and the document cannot be filed via TEAS due to an outage, you must use an alternative method of filing to ensure that the document is timely received in the USPTO. A deadline that falls on a Saturday, Sunday or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. section 2.196. See TMEP section 308.

We make every effort to have the Trademark Electronic Application System (TEAS) available 24 hours a day, seven days a week. The site is sometimes down for scheduled maintenance, for which the USPTO generally posts advance notice. We recommend that you check the current server status and planned outages page before beginning the filing process. Sometimes the site is also down unexpectedly. Although we try to restore service as soon as possible, this does not always happen as quickly as we would hope. Because of the possibility of an unforeseen problem (such as site downtime or Internet connectivity issues), we encourage you to plan ahead and not wait until the last minute to file time-sensitive forms electronically with the USPTO.

All forms filed via TEAS are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST) and EST controls for purposes of determining the timeliness of a document. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of the USPTO's "normal" business hours).

If your deadline is today and the document cannot be filed via TEAS due to an outage, you must use an alternative method of filing to ensure that the document is timely received in the USPTO. A deadline that falls on a Saturday, Sunday or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. See TMEP 308.

All forms filed via TEAS are time/date stamped when received on the USPTO server, according to Eastern Standard Time (EST). The time/date stamp is applied at the moment the payment process is completed and the success screen is displayed. The time/date stamp applied by the TEAS server is the official time the USPTO received the application or form; the time the transmission began is not a factor considered when assigning the filing date. The official filing date and time can be found at the bottom of your e-mail confirmation. Any submission that arrives as of 11:59 p.m. EST will be given that day's filing date (i.e., regardless of USPTO's "normal" business hours).

TEAS allows you to save your work as a portable form at the Validation Page. This page appears at the end of the application after you have entered all your information in the form. To download and save the form data, you must click on the "Download Portable Data" button at the bottom of the Validation Page. The information will be saved to your local drive. To begin the submission process with saved data, you must open a new form, and click on the "Browse/Choose File" button displayed on the initial form wizard page, at "[OPTIONAL]" To access previously-saved data, use the "Browse/Choose File" button below to access the file from your local drive." Clicking on the "Continue" button at the bottom of the first page will then properly open the saved version of the form.

Alternatively, you may create a "dummy" form and enter the "real" data at a later point. You can create a "dummy" form by (1) pulling up the regular TEAS form; (2) entering either an "x" for any mandatory field, or "fake" numbers where a numerical entry is required, or attaching a "dummy" image file; (3) validating this version of the form; (4) using the button on the bottom of the validation page to save the form to your local drive; (5) pulling up the saved form, and (6) entering "real" data for any field wherein an "x" was initially used as a "data placeholder." WARNING: If you create a "dummy" form, and the USPTO then later upgrades the form, the saved template may not be usable for future filings, and a new template based on the upgraded version of the form may have to be created.

If you "back up" on a TEAS form after validation, e.g., to correct an error, and your form is now completely blank, your system probably has a "cache" deficiency. Cache is a storage area on your browser that is used to keep track of Internet web pages. Augmenting your cache can enhance your computer system's performance, and allow you to complete TEAS forms without losing previously-entered data. To accomplish this, you should allocate at least 5-10 megabytes (approximately 5,000-10,000 KB) of your hard drive to the browser. If you have a small hard drive and cannot allocate this amount, you should allocate about 5-10% of your available hard drive capacity to your browser. Also, we recommend that you periodically totally clear your cached files.

Augmenting your Cache:
To increase your cache size, follow the steps under the appropriate browser version:
For Navigator 4-7x:

  • 1. Under the Edit menu, select Preferences, double-click Advanced, and select Cache.
  • 2. Change the disk cache to between 5,000 and 10,000 KB.

 

For Internet Explorer 4:

  • 1. Under the View menu, select Internet Options and choose the General tab.
  • 2. Under Temporary Internet Files, click Settings. Under "Amount of disk space to use," drag the slider all the way to the right and click "ok."

 

For Internet Explorer 5-6x:

  • 1. Under the Tools menu, select Internet Options and choose the General tab.
  • 2. Under Temporary Internet Files, click Settings. Under "Amount of disk space to use," drag the slider all the way to the right and click "ok."

 

Clearing your Cache:
To clear your cached files, follow the steps under the appropriate browser version:
For Navigator 4-7x:

  • 1. Under the Edit menu, select Preferences, double-click Advanced, and select Cache.
  • 2. Click the Clear Memory Cache and Clear Disc Cache buttons.

 

For Internet Explorer 4:

  • 1. Under the View menu, select Options and choose the General tab.
  • 2. In the Temporary Internet Files dialog box, click Settings/Delete Files.

 

For Internet Explorer 5-6x:

  • 1. Under the Tools menu, select Internet Options and choose the General tab.
  • 2. In the Temporary Internet Files section, click Delete Cookies Delete History files.

A Blackberry can be used to sign a TEAS form (using the e-signature approach), with certain workaround steps. Do not click directly on the provided link (i.e., at, e.g., "To sign Trademark/Service Mark Application, Principal Register electronically, please CLICK HERE,"); otherwise, an error will result. Instead, you must copy the long link provided beneath the above (i.e., e.g. https://teasplus.uspto.gov/submit250/sign.service?id=USPTO/FTK-10.113.1… ). Then, go to the web browser and paste in the entire link. By way of example, here are specific instructions presented to the USPTO by a Blackberry user: 1). Go into the T-zones web browser (browser provided by this user's service provider, i.e., T-mobile); 2). Click "Track wheel" and select "Paste;" 3). Click "Track wheel" again, and select "O.K.;" 4). This should result in the signature page being displayed, wherein the signature and date can be entered.

All TEAS and TEASi forms will require customers to log in starting October 26, 2019, even if they applied before that date. This includes forms for applications in progress and registration maintenance filings.

Certain actions reset the inactivity timer and keep your session alive. Actions that count as activity include:

  • Changing pages within the form using the “Go Back” or ”Continue” navigation buttons at the bottom of each page.
  • Uploading attachments to TEAS.
  • Choosing “Yes, keep me signed in” on the inactivity pop-up warning.

Actions that do not count as activity include:

  • Typing in a text field. Please consider typing lengthy responses into a separate document first and then pasting them into the form.
  • Browsing the ID manual inside of TEAS and checking the boxes of identifications does not count as activity until you insert the checked entries in the form.
  • Clicking hyperlinks or help text links in the TEAS or TEASi form.
  • Checking boxes and radio buttons. Since some boxes and radio buttons behave differently than others, assume none of them count as activity.

You will be logged off after 30 minutes of inactivity. You will see a warning when there are five minutes remaining. A countdown timer will appear and you can choose “Yes, continue my session” to keep working. If you do not choose to continue your session, after five minutes you will be timed out of the form. When this happens, you will lose all the data entered in the form if you have not previously saved it by selecting the “Save” button on the validation page. If you are timed out due to inactivity, you will need to start the form again.

The TEAS e-signature process and the TEASi “send for review” process are exempt from the login requirement. Customers using the TEAS e-signature process can sign and return a document without logging in.

The Trademark Electronic Application System (TEAS) allows you to fill out online USPTO forms. You can submit the forms directly to the USPTO over the Internet and pay by credit cards, electronic funds transfer, or through an existing USPTO deposit account. TEAS can also be used to file other documents including a response to an examining attorney's Office action, a change of address, an allegation of use, and post registration maintenance documents.

Trademark Help - Trademark Electronic Application System (TEAS) - Contact Information - Technical Information - Trademark Electronic Application System (TEAS) - Other

The TEAS mailbox is monitored Monday through Friday, 8 a.m. until 8 p.m. ET, with the exception of federal holidays. A representative will respond to your request during the next scheduled business day. Please be advised that when a filing deadline falls on a Saturday, Sunday, or federal holiday, the filing may be made on the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. For immediate technical support on Saturdays and Sundays through 10 p.m. EST, please call 1-800-786-9199 (press 3). 

Please be advised that if the deadline for filing your document is today, you must use an alternative method of filing to ensure that the document is timely received. Information on alternative filing and payment methods for common document types is available on the Filing Documents During an Outage page.

A reminder that you may email TEAS@uspto.gov for help in resolving glitches or answering technical questions. Please include the following information: (1) your name, (2) telephone number, (3) serial number and/or registration number, (4) a description of your issue, including the name of the form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.), and (5) a screen shot of any error message that you are receiving.

If you need general trademark information, please Contact the Trademark Assistance Center.

Trademark Help - Trademark Electronic Application System (TEAS) - Drawing/Image Files

The mark image you submit with your application will be printed on your registration certificate. It is in your best interest to submit a clear, high-quality image.

Mark image requirements:

  • JPG format
  • 5 MB or smaller
  • The filename must be less than 256 characters long, including the .jpg extension.
    You are encouraged to use the shortest name possible. Remember to save images created on a Macintosh using Adobe Photoshop or Illustrator with the .jpg extension.
  • Cannot be zipped or otherwise compressed
    Please bear in mind that JPG files are already compressed.
  • The mark image cannot include the trademark, service mark or registration symbols (TM, SM,®).
    These symbols should only appear on your specimen. Please see TMEP section 906 for more details.
  • The image must contain as little white space around the design as possible.
  • Submit the image in black and white or grayscale if you are not claiming color as a feature of your mark.
  • Submit the image in color if you are claiming color as a feature of your mark.
    • If submitting in color, use RGB color scheme.
    • Adobe Photoshop/Illustrator users must not submit files in the CYMK color scheme.

Additionally, we recommend you do the following to create a high-quality image:

  • If possible, stay all-electronic.
    TEAS loads images directly to our database without the error-producing steps of printing and scanning.
  • If you must scan:
    • Scan a high-quality original.
    • Scan at a high resolution.
    • Use your scanning software to crop, resize, and adjust the image to minimize white space.
    • Scan black and white or color images at 300-350 dots per inch, and with a pixel range of 250-944 pixels for both length and width.  We also accept grayscale images, so you can scan your image using 8 bits per sample pixel. We consider images saved in grayscale to be black and white.

We accept image files in PDF or JPG format. Drawing files (mark images) must be submitted in JPG format, see requirements for drawing files for more information. You may submit all other image files (specimens, evidence, etc.) in either format.

JPG requirements: 

  • JPG  files must be 5MB or smaller.
  • The filename can be up to 256 characters long, including the ".jpg" extension.
    You are encouraged to use the shortest filename possible. Remember to save images created on a Macintosh using Adobe Photoshop or Illustrator with the .jpg extensions.

PDF requirements:
Size

  • All files must be 30MB or smaller
  • All files must be saved at 300 DPI
  • Page size within the files must be set to 14 x 14 inches or smaller
    If any page within the entire PDF file exceeds this size limitation, the entire PDF file will be blocked from upload.

Format

  • Use a valid PDF format. It is NOT sufficient that the file simply be named using a PDF extension (.pdf), because that does not by itself create a valid PDF file.
  • Use one of the formats below for images within the PDF file.
    GIF, BMP, TIFF, JPG or PNG  
  • Use one of the fonts below.
    Courier (Regular, Bold, Italic, or Bold Italic), Times (Roman, Bold, Italic, or Bold Italic), Helvetica (Regular, Bold, Italic, or Bold Italic), Symbol, Zapf Dingbats.
    NOTE: Fonts not listed above must be embedded within the PDF document.
  • Fonts should be set to "subset."

Filename

  • Can use upper or lower case letters or numbers, periods (.), underscores(_), or hyphens (-)
  • No spaces
    Spaces are permitted in the file path, (the file's location on your computer), but never in the name of the file itself.
  • Must end in .pdf
  • Can be up to 256 characters long including the .pdf portion. Please use the shortest name possible.

Do not include

  • Security settings
    For example, self-sign security, user passwords, and/or permissions, or any other security settings that would prevent us from opening, viewing, or printing the file.
    All security settings must be deactivated (e.g., encryption, master passwords, and/or permissions).
  • Embedded scripts and/or executables
    For example, interactive actions or form data importation scripts
  • Worms, viruses or other malicious content
    Files with malicious content will be deleted.
  • Active hypertext links, or any internal/external links
    While you may textually reference a URL as a disabled link, it cannot be presented as an actual hyperlink.
  •  Embedded Objects
    • Multimedia
      For example, sound, video, animations, slide shows
    • 3-dimensional models
    • Multi-page objects
      For example, Excel spreadsheets
      While the overall PDF file would upload, the other internal object will be "stripped" out of the file, and will not be viewable.

Other requirements

  • All files must contain only a single layer.
    Documents with multiple layers must be flattened prior to submission, to convert all overlapping areas in a stack of transparent objects into a collection of opaque objects.
    Any invisible layers will be lost when processed by the USPTO.
  • Use Adobe version 1.3 or newer.

NOTE: If you have Adobe Acrobat Professional 6.0, for instructions on resizing PDF pages or reducing the DPI, click here; otherwise, please forward the PDF file to TEAS@uspto.gov, for resizing/reduction within ONE (1) business day. Sending a file to the TEAS mailbox is NOT considered an actual "filing" for any deadline purposes.
 

Trademark Electronic Application System (TEAS) - Identity verification

If you’ve previously verified your identity in order to access the patent filing systems, Patent Center, then you do not need to verify your identity again to access TEAS or TEASi. Some verified patent customers may need to take a quick additional step and select a filing role to gain access to TEAS and TEASi, but most will automatically gain access. Patent customers who are currently sponsored as Proofed Practitioner Support will need to be separately sponsored as Attorney Support Staff in the trademark system by a verified attorney using the Trademark sponsorship tool before they can access TEAS and TEASi.  

A USPTO.gov account is required to access TEAS and TEASi. When you create a USPTO.gov account, you provide your name and primary email address. After verification, the name field is locked and your account is authorized. This helps the USPTO ensure that a person using the trademark system to enter information or make changes is authorized to do so.

For security purposes, each individual person may only have one verified account used to access trademark filing systems. You may create additional USPTO.gov accounts for other functions that don’t require identity verification, such as making payments.

No. Account sharing is not permitted under the Terms of Use for USPTO websites. However, if you’re an attorney and need legal support staff to work on your behalf, you may sponsor them using the Trademark sponsorship tool.

No. Each USPTO.gov account must correspond to a single person. Company accounts are not currently allowed, and will continue to be disallowed for identity verification purposes. You won’t be able to verify an account that has a company, firm, or other entity name in the account holder name fields.

No. The name on your account does not need to exactly match the name that you use when filing, as long as both names are truthful and meet our other signature requirements. We understand that many people experience issues updating their records after a name change. We also understand that many people use nicknames, middle names, or other names professionally. However, if the name on a filing doesn’t seem to identify the same person named in the account, we may inquire about it.

If you already verified your account under a previous name and now need to change it, you must request a name change using the paper verification form option. We currently don’t have an electronic option for verified name changes, but we’re evaluating that possibility for the future. Any name change will need to be supported by official documentation.

No. The name and postal address in your account is used only for validation purposes. It will not automatically appear on any form or on any filing that is available to the public. The information that appears publicly is the information that you submit in the TEAS or TEASi form.

Trademark Help - Trademark Electronic Application System (TEAS) - Payment, Fees, and Refunds

The filing fee depends on the application filing option you select. The TEAS Plus filing option is $250 per class of goods or services, but has the strictest requirements. Detailed information on the TEAS Plus requirements can be found at TMEP §819.01. The TEAS Standard filing option is $350 per class of goods or services for applications electronically filed that do not meet the additional TEAS Plus requirements.

NOTE: If you submit a TEAS Plus application but do not satisfy those application filing requirements, you will be required to submit an additional processing fee of $100 per class of goods or services, and the application will then be handled as a TEAS Standard application.

While an application may only have one mark, it may cover multiple classes and a filing fee must be paid for each class. For example, a TEAS Plus application for a mark applied to both computer software in Class 9 and t-shirts in Class 25 would have two classes, making the filing fee $500.00 ($250 for each class).

WARNING: The filing fee is a processing fee for the application. This fee is not returned even if ultimately the USPTO does not issue a registration. You should take all necessary steps to ensure the mark is registrable before filing the application.

Although only one mark is permissible per application, a mark may consist of several elements that are joined to form a composite whole; e.g., words plus a design. You do not need to have already used your mark before filing an application. However, if the mark has not already been used in interstate commerce at the time of filing, and the application is instead based on an "intent-to-use" the mark in interstate commerce in the future, an additional fee of $100.00 per class will be required when the "Allegation of Use" form is submitted (whereas a "use-based" application does not require this additional fee).

Please see the Reduced Fee FAQs page for more information about application filing fees and the Trademark Fee Information page for information on payment options and a listing of other trademark fees.

Trademark Help - Trademark Electronic Application System (TEAS) - Miscellaneous Issues - Technical Information - Trademark Electronic Application System (TEAS) - Other

You will want to make sure that all USPTO emails reach you. Unfortunately, servers or SPAM filters often block important messages or send them to your junk folder because they don't recognize the sender. Please note that the USPTO cannot deliver an email successfully if:

1) The destination email address is not valid. Please check that the entered e-mail address does not contain any typographical errors.
2) The destination email address is relaying the email to a different address.
3) The USPTO cannot perform a "reverse DNS look-up" of the destination email address.
4) The destination e-mail server is blocking any email address that ends with "uspto.gov" as spam. NOTE: Email originating from "uspto.gov" may include attachments, so email from the USPTO address with attachments should not be blocked.

To help ensure that you receive mail from the USPTO, please log in to your email now and follow the listed steps to add important USPTO email addresses to your address book, contacts, and/ or "Safe Senders" list.

Remember that you may receive email messages from several Trademark addresses. Please add all of the addresses listed below. You may also receive email from an individual person's USPTO email address, e.g., johnsmith@uspto.gov.

TEAS@USPTO.GOV

TMII2455@NX.USPTO.GOV

TrademarkOfficialNotices@uspto.gov

eCom101@uspto.gov through eCom130@uspto.gov

tmng.notices@USPTO.GOV

Simply cutting and pasting a Word or Word Perfect document into a TEAS form may cause the introduction of unwanted characters in the form and/or prevent successful validation of the form. This is especially true for heavily formatted documents. To avoid this problem, you should convert the Word or Word Perfect document to a text format. Do this using the "save as" and "save as type" features of Word or Word Perfect. There is not a problem with text that is typed directly into the form or text that was previously saved as an HTML document. If the form you are trying to use allows you to attach images as evidence, you could create JPG image(s) of heavily formatted documents and attach them to the form. A text document does not allow for complex formatting.

Paralegals and legal staff don't need a sponsored account to access TEAS or TEASi at this time. We are planning future updates to the TEAS and TEASi filing system, including allowing customers to restrict or delegate access to an application or registration.

Trademark Help - Trademark Electronic Application System (TEAS) - Signature Issues - Technical Information - Trademark Electronic Application System (TEAS) - Other

The USPTO has tried to make signing an electronic form submitted through TEAS as easy as possible.  The electronic forms have three signature options.

1. SIGN DIRECTLY: The individual completing the application may, if he or she so chooses, sign directly at the end of the application form. The application will not be "signed" in the sense of a traditional paper document. To verify the contents of the application, the signatory will enter any alpha/numeric character(s) or combination thereof of his or her choosing in the signature block on the application form, preceded and followed by the forward slash (/) symbol. The USPTO does not determine or pre-approve what the entry should be, but simply presumes that this specific entry has been adopted to serve the function of the signature. Most signatories simply enter their names between the two forward slashes, although acceptable "signatures" could include /john doe/; /jd/; or /123-4567/.

Note: The appropriate person (i.e., (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) a U.S.-licensed attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the forward slash symbol (/) that the signatory has adopted as his or her "signature." Someone else on behalf of the proper signatory should not key this in.

2. E-MAIL TEXT FORM TO SECOND PARTY FOR SIGNATURE: Through this method, the "text form" may be e-mailed to the proper signatory as a "hyperlink" (no "downloading" of a portable form is required).  The signatory will enter the signature between two forward slashes (e.g., /john smith/).  The signed form is then returned to the original preparer, who can then complete the submission process to the USPTO.

To use this approach select the "E-mail Text Form to second party for signature" method in the Signature Information section.  Enter the signatory's name, position, and phone number and click "Validate."  At the Validation page, click the link for "Text Form for E-Signature."  Next, click the link for "Send this Text Form to the authorized signatory(ies) to request e-signature(s)." The requestor should enter his/her name and e-mail address and click "Send Email." 

TEAS will send the e-signature request directly back to the requestor, and then the requestor must forward the resulting e-mail to the intended signatory. With this approach, the requestor will receive any possible "undeliverable" notice, and as such, immediately be aware when a problem exists with the signatory's e-mail that requires possible correction and re-sending. All "reply" communications will be directly between the signatory and the requestor.

To sign the form, the intended signatory must click the link in the e-mail and enter the signature between two forward slashes. After completing all the mandatory fields, the requestor must click the "Sign" button to return the signed form to the originator of the request.  The requestor will receive an e-mail with a "Submit" link, to allow access to the Validation page wherein the final steps of the process are completed.

Note: The form must be signed and the filing to the USPTO completed within 14 days. The clock starts running as soon as the requestor clicks "Send this Text Form to the authorized signatory(ies) to request e-signature(s)" and it is not based on when the requestor then forwards the e-mail to the intended signatory. Please also note that the period is calculated to the minute, and is not based on the "end of the day" for the 14th day (e.g., a request originated at 2:00 p.m. must be filed no later than 2:00 p.m. 14 days later. If the final submit button is clicked at 2:01 p.m., an error message will be displayed indicating that the time period for filing has expired and the entire process must then be started from the beginning). You can, however, download and save the portable form (available from the Validation Page) indefinitely.

3. HANDWRITTEN ("PEN-AND-INK") SIGNATURE: Through this method, the "text form" may be printed out and then mailed or faxed to the signatory, who will sign the form in the traditional "pen-and-ink" manner. Once the signed form has been mailed or faxed back to the preparer, this signed declaration must be scanned and re-attached as a JPG image file (the only image formats acceptable) to the original electronic application; the complete application can then be validated and filed electronically.

Note: Under this option, the original application must be saved using the Download Portable form button on the Validation Page.

Trademark Help - Trademark Electronic Application System (TEAS) - Non-Traditional Marks - Technical Information - Trademark Electronic Application System (TEAS) - Other

Yes. The file must be in an electronic file in .wav, .wmv, .wma, .mp3, .mpg, or .avi format and should not exceed 5 MB in size for audio files and 30 MB for video files because TEAS cannot accommodate larger files. The applicant should submit an audio reproduction of any sound mark or video reproduction of any motion mark. The purpose of this reproduction is to supplement and clarify the description of the mark. The reproduction should contain only the mark itself; it is not meant to be a specimen.

Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Basics

Failure to satisfy the specific USPTO requirements for any PDF attachment may result in the TEAS form not validating. For the USPTO to accept any PDF attachments, the PDF file must satisfy the following:

  • be a valid PDF format. It is not sufficient that the file simply be named using a PDF extension (.pdf), because that does not by itself create a valid PDF file.
  • be version 1.3 or newer.
  • have an overall size under 30 MB. While no page limit exists, each PDF file cannot exceed 30 MB.
  • Not contain security settings (e.g., self-sign security, user passwords, and/or permissions) that would prevent the USPTO from opening, viewing, or printing the file. All security settings must be deactivated (e.g., encryption, master passwords, and/or permissions) prior to upload to TEAS.
  • Not contain any embedded scripts and/or executables, including sound or movie (multimedia) objects, prior to upload to TEAS.
  • Not contain any multimedia (e.g., sound, video, animations, slide shows); 3-dimensional models; or multi-page objects (e.g., Excel spreadsheets), prior to upload to TEAS. While the overall PDF file would upload, the other internal object will be "stripped" out of the file, and will not be viewable.
  • be named properly. The file name can consist of any upper or lower case letters or numbers, but must end in .pdf. It can also include the following: _ , -, and . [excluding the commas shown here]. No spaces are allowed in the actual PDF file name, but spaces are permitted in the file path. The name can be up to 256 characters long, including the .pdf portion; however, you are encouraged to use the shortest name possible. [NOTE: Similarly, for JPG files, while the name can be up to 256 characters, including the .jpg portion, you should use the shortest name possible, as that helps ensure a successful upload to TEAS].
  • use one of the following formats for any images within the PDF file: GIF, BMP, TIFF, JPG and/or PNG. No other image formats are supported. However, the image may include black-and-white, color, and/or grayscale.
  • use one of the following fonts, to ensure proper upload to TEAS:
    • Courier (Regular, Bold, Italic, or Bold Italic)
    • Times (Roman, Bold, Italic, or Bold Italic)
    • Helvetica (Regular, Bold, Italic, or Bold Italic)
    • Symbol
    • Zapf Dingbats


NOTE: Fonts not listed above must be embedded within the PDF document, and the fonts listed above should be embedded. In addition, all fonts should be set to "subset."

  • be free of worms, viruses or other malicious content. Files with malicious content will be deleted.
  • be "single layer." Documents with multiple layers must be flattened prior to submission, to convert all overlapping areas in a stack of transparent objects into a collection of opaque objects. Any invisible layers will be lost when processed by the USPTO.
  • NOT contain any active hypertext links, or any internal/external links. While you may textually reference a URL as a disabled link, it cannot be presented as an actual hyperlink.
  • be saved at 300 DPI.
  • be no larger than 14 x 14 inches. If any page within the entire PDF file exceeds this size limitation, the entire PDF file will be blocked from upload.


NOTE: If you need assistance resizing PDF pages or reducing the DPI, please forward the PDF file to TEAS@uspto.gov, for resizing/reduction within one (1) business day.

The USPTO forms use pop-up windows to display critical information. To use this site properly, you must disable any existing pop-up filters (through either anti-virus software or a pop-up killer program).

To use a TEAS form, each and every time you should (1) double-click on the browser icon on your desktop; (2) proceed to the TEAS site; and (3) click on the link for the desired form. Although you can open more than one form at a time through these steps, you should process ONE form at a time, and close the browser after completing the form. This will ensure a "unique" server session for each TEAS form to be processed. If you already have a TEAS form open on your desktop, never open another form via your browser's "File New Window" option. Also, do not open a new form through a link or bookmark while you have another form open. Failure to follow the steps outlined above may result in improper data displaying within the form.

Also, the TEAS forms work best when they are accessed directly via a web browser. Do not attempt to access the forms via a browser embedded in another program. For instance, do not attempt to access the forms from within your Outlook or Lotus Notes web browser feature. Accessing the forms in this manner may disable some of the forms' features. You should always open your browser (Internet Explorer, Netscape, Firefox, Safari, etc.) directly and then use the TEAS forms.

The Trademark Electronic Application System (TEAS) allows you to fill out online USPTO forms. You can submit the forms directly to the USPTO over the Internet and pay by credit cards, electronic funds transfer, or through an existing USPTO deposit account.

A registration is subject to cancellation for fraudulent statements. Therefore, you must ensure that all statements made in filings to the USPTO are accurate, as any inaccuracies may result in the cancellation of a trademark registration. For example, the lack of a bona fide intention to use the mark with all goods and/or services listed in an application or the lack of actual use on all goods and/or services for which you claimed use in an application or post-registration filing could jeopardize the validity of the registration, resulting in its cancellation.

Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Non-Traditional Marks

Yes. A new application for a sound mark can be submitted directly through TEAS. The mark file must be a WAV, WMV, WMA, or MP3 and should not exceed 5 MB in size for the audio files. Please use the below instructions to attach a sound mark file and to enter a description of the sound in the file.

  1. At the "Mark Information" page in the new application form, use the radio button to select "Sound Mark."
  2. Click on the "Browse" button to upload your file.
  3. Navigate to the folder with the sound mark file.
  4. Select the sound file and click on the "Upload File" button.
  5. Verify the upload of the file by click on the "Sound/motion Mark" link.
  6. Enter a description of the sound in the text box.

Yes, all TEAS forms currently accept this type of file attachment.  The file must be in .wav, .wmv, .wma, .mp3, .mpg, or .avi format and should not exceed 5 MB in size for audio files and 30 MB for video files because TEAS cannot accommodate larger files. If you have questions, please email TEAS@uspto.gov(link sends e-mail).

Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Templates

Because of significant modifications to the underlying structure of the basic application, the USPTO no longer offers a blank version of the basic application form to create standard templates containing repetitive information. However, a "workaround" option still exists for creating a "template" for doing multiple filings: simply create a "dummy" form by (1) pulling up the regular TEAS form; (2) entering either an "x" for any mandatory field, or "fake" numbers where a numerical entry is required, or attaching a "dummy" image file; (3) validating this version of the form; (4) using the button on the bottom of the validation page to save the form to your local drive; (5) pulling up the saved form, and (6) entering "real" data for any field wherein an "x" was initially used as a "data placeholder." WARNING: If you create a template, and the USPTO then later upgrades the form, the saved template may not be usable for future filings, and a new template based on the upgraded version of the form may have to be created.

Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Miscellaneous Issues

If during the payment process for your filing you are bounced to the front page of the form or encounter an "SSL Certificate Error," you should try a browser other than IE. Or, if limited to IE, please simply try the next available browser version (for example, IE7.0 and IE8.0 are currently available for download). Or, if necessary, please review the information available at SSL Certificate Troubleshooting. This problem is not one that relates to the USPTO end, and cannot be resolved from the USPTO side.

For help in resolving technical glitches with the Trademark Electronic Application System (TEAS), please e-mail TEAS@uspto.gov . Please include the following information: (1) your name, (2) telephone number, (3) serial number and/or registration number, (4) a description of your issue, including the name of the form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.), and (5) a screen shot of any error message that you are receiving. You should receive a response within 2 hours if the e-mail is submitted during normal business hours. For additional information, see the TEAS Help Desk.

The TEAS form scans the image file you attach in various regions to determine if it is a color or black-and-white image. If there is too much white space around the design, the form cannot find the color and views the image as black and white. To fix the problem, please crop the excess white space from the image. You can also re-size the image with a graphic view, e.g., Irfanview. All images should be scanned at no less than 300 dots per inch and no more than 350 dots per inch, and within the pixel range suggested by the USPTO, namely, a length and width of no less than 250 pixels and no more than 944 pixels; e.g., a valid pixel dimension is 640 x 480 pixels. If your cropped image is not clear, do not submit the image because it may not meet the filing-date requirement for a clear drawing. Instead, you may wish to seek the assistance of a graphic artist to create the properly sized .jpg file.

Technical Information - Trademark Electronic Application System (TEAS) - Other - Trademark Help - Trademark Electronic Application System (TEAS) - Payment, Fees, and Refunds

Three options (credit card, automated deposit account, and Electronic Funds Transfer will appear after clicking on the PAY/SUBMIT button, which is available on the bottom of the Validation Page after completing and validating the application form. You will not specify a payment option in the Form Wizard or within the form itself.

Technical Information - Trademark Electronic Application System (TEAS) - Trademark Help - Trademark Electronic Application System (TEAS) - Non-Traditional Marks - Other

If the mark includes motion (i.e., a repetitive motion of short duration) as a feature, the applicant may submit a drawing that depicts a single point in the movement, or the applicant may submit a square drawing that contains up to five freeze frames showing various points in the movement, whichever best depicts the commercial impression of the mark. The applicant must also submit a detailed written description of the mark. 37 C.F.R. §2.52(b)(3). Motion/multi-media marks themselves may not be submitted as a mark showing the actual motion. While this is acceptable as a "specimen," it is not permitted as a mark.

Trademark Help - Trademark Official Gazette - Other

If you need additional assistance with viewing the TMOG, please e-mail tmeog@uspto.gov.  Please include your telephone number, serial number, and a description of your issue.  You should receive a response within 24 hours if the e-mail is submitted during normal business hours.  For general information, contact the Trademark Assistance Center at 1-800-786-9199 (press 1).

Once the USPTO publishes a trademark in the TMOG, any party who believes he or she will be damaged by the registration of the trademark has 30 days either to: (1) file an opposition to the trademark with the Trademark Trial and Appeal Board (TTAB); or (2) request an extension of time to file a notice of opposition.

You must pay a fee of $400 for each class of goods or services that you oppose when filing a notice of opposition electronically through the TTAB electronic system ESTTA and $500 if filing on paper. An opposition submitted without the required fee will not be accepted. There is no fee for requesting an extension of time to file a notice of opposition.

The TTAB requests that all TTAB submissions be made online using ESTTA at http://estta.uspto.gov/.

If you need more information on filing a notice of opposition, contact the TTAB Customer Service at 571-272-8500 or toll-free at 1-800-786-9199 (press 1), or refer to the online information at http://www.uspto.gov/trademarks/process/appeal/index.jsp.

All requests to correct or amend the application after publication but before issuance of a Notice of Allowance or registration must be filed by submitting a post-publication amendment. A paralegal specialist in the Office of the Deputy Commissioner for Trademark Examination Policy will consider the proposed amendment. If the amendment is approved, it will be entered. If the amendment may not be approved, the applicant will be advised in writing that the applicant must petition the Director to restore jurisdiction to the examining attorney to consider the amendment. If the petition is granted, the amendment will be forwarded to the examining attorney. For further information, email TMPolicy@uspto.gov.

If the e-mail link in the "Trademark Official Gazette Publication Confirmation" does not work correctly you can search the TMOG by issue date and serial number to locate your mark.  The serial number and issue date are both in the TRADEMARK OFFICIAL GAZETTE PUBLICATION CONFIRMATION e-mail notice.

Direct your browser to this URL - https://tmog.uspto.gov/ then select the correct issue date from ISSUES under the FILTERS on the left hand side of the window.  Check the box corresponding to the issue you need.  Then type or copy the serial number into the SEARCH BY text box and click the magnifying glass icon to execute the search.  Please note that by default the filter settings select the most current issue and marks publishing for opposition, so if you need an older issue you have to select it.

TMOG notices, such as changes in rules or Office procedures and notices to parties who cannot be reached by mail, are available at http://www.uspto.gov/trademark/trademark-updates-and-announcements/trademark-official-gazette-notices.

View the instructions at https://storage.googleapis.com/tmogdocs/TMOG_Search.pdf/.  

View the instructions at http://www.uspto.gov/trademarks/resources/Searching_PDF_OG.jsp.

You can locate the date that the mark was published for opposition by entering the serial number in http://tsdr.uspto.gov/ and clicking “Status.”  The information will appear under the “Prosecution History” tab as the date that the mark “Published for Opposition.” 

Yes.  If the submitted drawing of your mark contains color, the TMOG PDF file will show the mark in color.

Yes. Marks that are found to be registrable on the Supplemental Register are printed in theTMOG on the date that they register. Marks registered on the Supplemental Register cannot be opposed, but are subject to cancellation under 15 U.S.C. §1064. 15 U.S.C. §1094.

The Trademark Official Gazette (TMOG) is published every Tuesday, including federal holidays.  The purpose of the TMOG is to give notice of certain actions that are being taken with respect to the marks listed in the TMOG on the particular date of issue.  Publication in the TMOG starts the period for opposition for some of the marks listed in the TMOG.  

The TMOG contains a depiction of the mark, the identification of goods and/or services, and owner information for: (1) marks published for opposition that are expected to register on the Principal Register; (2) marks registered on the Principal Register under 15 U.S.C. §1051(d) on the date of the particular TMOG issue in which the marks appear; (3) marks registered on the Supplemental Register on the date of the particular TMOG issue in which the marks appear; and (4) updated registration certificates.  The TMOG also contains a list, by International Class, of the registrations issued on the Principal Register on the date of the particular TMOG issue and an index of registrants appearing in that issue. 

The TMOG is offered in an easily searchable web-based format.  In addition, the USPTO will continue for a certain period to offer a PDF version of the TMOG.  

The best version of Adobe Reader to use is a recent version that Adobe supports. ‚ The current PDF files are backward compatible to version 5, but using a currently supported version is strongly advised since Adobe will not supply security patches for older, unsupported versions of reader and that leaves the user vulnerable to attacks against the PDF viewer.

We recommend downloading the PDF file directly to your local hard drive to circumvent any configuration issues between the browser and the PDF reader add-on/plug-in. Most browsers do not natively support PDF files and require either an Adobe PDF viewer or a third-party PDF viewer to display a PDF file. After saving to a disk or your desktop, you should be able to view the file by clicking on it. If so, then this suggests the problem is the browser, the plug-in/add-on (different names for the same thing), or a configuration issue between the browser and the plug-in/add-on viewer.

Yes. Choose "File" and then "Print" from the menu options and change the settings to print a single page.

You can download a file and save it to your desktop. To download a file, right-click on the link, select "Save Link As..."

You can search for a trademark in the online version of the TMOG available at http://www.uspto.gov/news/og/tindex.jsp. "You can search the PDF file by any literal element of the mark, the owner's name, the serial number, or the registration number.
To search for a trademark in the TMOG:

  • Locate the date that the mark was published for opposition by entering the serial number inhttp://tsdr.uspto.gov/ and clicking "Status."

Trademark Help - Trademark Trial and Appeal Board (TTAB) - Proceedings

You can file an appeal to the TTAB. You must file the appeal within the time provided in 37 C.F.R. § 2.62(a) from the date of the final refusal to register. For more information, see TBMP Chapter 1200.

Yes, the filing of a letter of protest, whether before or after publication of the mark, does not stay the time for filing an opposition or an extension of time to oppose the subject mark. If a party files a letter of protest before publication but the subject mark still publishes for opposition, then the party must timely file a request for extension of time to oppose, if it wishes to preserve its right to oppose. Similarly, if a party that files a letter of protest after publication wishes to preserve its right to oppose, it too must file a timely request for an extension of time to oppose. Regardless of when the letter of protest was filed, if the subject mark has published for opposition, the party may choose to file a notice of opposition instead of a request for extension of time to oppose and request that the opposition be suspended pending a determination of the letter of protest. See TBMP § 215. Note: a Letter of Protest is considered good cause for the first 90-day request to extend time to file an opposition, but does not constitute extraordinary circumstance to grant the final 60-day request to extend time. Potential opposer will have to secure the consent of the applicant or file a notice of opposition within the time set.

Unfortunately, you have missed your opportunity to file an opposition. Time limits for filing Notices of Opposition or Requests for Extensions of Time to Oppose are strictly enforced. You may file a petition to cancel, after the trademark registers. It takes about three months from the close of the opposition period (including extensions) until a registration issues if the case is not an Intent to Use case. It may take much longer for an Intent to Use case to mature to registration. Check the Trademark Status & Document Retrieval database "TSDR" to see if it has registered.

No. Before an opposition is filed, including the extensions of time period, an amendment or an express abandonment should be filed with the Trademark Office, and can electronically be filed through the Trademark Electronic Application System "TEAS".

An opposition is a proceeding in which one party is seeking to prevent registration of another party's trademark. Under the law, if a party believes that he will be damaged by the registration of a mark, he can file an opposition. For more information, see TBMP § 102.02.

A cancellation is a proceeding in which a party seeks to cancel an existing registration of a mark. Under the law, a person who believes he will be damaged by the registration may file a petition to cancel. For more information, see TBMP § 102.02.

To get an extension of time, you must file a motion. Your motion may be contested. If it is not contested, it will be granted as conceded. If the motion is contested it may be denied, so you may wish to get the consent of the other side and file the motion with their consent. See TBMP § 509.

You must file a motion to the TTAB asking that the TTAB accept a late-filed answer. In your motion, you must to set forth the reasons why the filing is late. The TTAB will consider whether you have shown good cause to set aside the default. Do not forget to serve a copy on the other side, including a certificate of service, see TBMP § 113. You may also want to confirm that your mailing address is correct.

Your answer will be due on the next business day. See TBMP § 112.

No, written disclosures or disclosed documents, requests for discovery, and materials or depositions obtained through the discovery process should not be filed with the Board except when submitted with a motion relating to disclosure or discovery, or in support of or response to a motion for summary judgment, or under a notice of reliance, when permitted, during a party's testimony period.

If any party wishes to have a TTAB professional participate in the required discovery conference, the party must either call the TTAB attorney assigned to the case or file a request through ESTTA. Such request should be made no later than 10 days prior to the deadline for conducting the discovery conference, so as to facilitate completion of the conference by the deadline. Filing a request using ESTTA is preferred; however, parties are encouraged to follow up a few days later with a phone call to the Board attorney assigned to the case if they have not yet been contacted by a TTAB attorney. See TBMP § 401.01.

You must file a document stating what you wish to do. However, once an answer is filed, if you want the matter dismissed without prejudice, you will need to obtain the written consent of the other side; and, of course, you need to serve the other party to the proceeding with a copy of anything you file. If you do not obtain written consent, the proceeding will be dismissed with prejudice.

If a proceeding has been commenced and is still pending at the TTAB, you or your counsel must file the amendment with the TTAB. The Examining Attorney does not have jurisdiction over the case while a proceeding is pending at the TTAB. The TTAB will consider the amendment and, if appropriate, enter it into the application file. See TBMP § 514. However, if an opposition is not yet pending, and the application is only under threat of an opposition because of the filing of an extension of time to oppose, you or your attorney may file a post publication amendment. If you wish to file such an amendment, you may do so by using the post publication amendment form available on-line via the Trademark Electronic Application System "TEAS". In the latter circumstance, you and the potential opposer should note that the Board will not suspend the running of the extended opposition period to accommodate processing of the post publication amendment.

Yes. See 15 U.S.C. § 1058 and TMEP § 1604.

No. See 15 U.S.C. § 1065 and TMEP § 1605.

No. In order to introduce USPTO records into evidence you must follow the correct procedure. For more information please see TBMP Chapter 700 on Trial Procedure and the Introduction of Evidence.

There are several organizations you can contact regarding ADR.

When no answer has been filed, all other deadlines are tolled. If the parties have continued to litigate after an answer is late‑filed, it will generally be viewed as a waiver of the technical default.

No. After the close of the time period for filing a Notice of Opposition, the notice may not be amended to add a joint opposer. However, assignees and successors may be joined or substituted during a proceeding, even when they are "joined," they are not considered joint opposers.

Motions for summary judgment must be filed prior to the deadline for plaintiff’s pretrial disclosures for the first testimony period.

Trademark Help - Trademark Trial and Appeal Board (TTAB) - Filing

All submissions must be filed electronically through the TTAB’s electronic filing system ESTTA. Please keep your ESTTA tracking number as it may be needed to retrieve submissions that do not display correctly or fix submissions that display incorrectly.

ESTTA works only if you use Microsoft Internet Explorer 9, Internet Explorer 11 and Google Chrome Version 43, on PC architecture. While every effort has been made to use standard programming, the USPTO cannot guarantee that ESTTA will function properly using browsers or operating systems other than those identified here. NOTE: Internet Explorer on the Macintosh platform will NOT permit a proper image attachment.

The ESTTA User Manual provides detailed instructions. General information is also available on the ESTTA Welcome page.

If ESTTA is down and you have time left to wait, wait for ESTTA to come back online and file online. If not, for extensions of time to file an opposition, a notice of opposition,  petition to cancel or answer, file the submission in paper along with a petition to the director, pursuant to 37 CFR 2.146, to request paper filing, and the fees to cover the paper pleading or extension of time, and the petition. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401. The petition to the director must be based on technical problems with ESTTA or extraordinary circumstances. Include an affidavit or declaration and any other available evidence to support your assertion, e.g., screen print showing ESTTA problem. For all other submissions (e.g., response to a motion) file with the TTAB in paper and include a written explanation as to why you could not file online. The explanation must be based on technical problems with ESTTA or extraordinary circumstances.

For the paper filing you may use the certificate of mailing process and put the filing in a USPS mailbox and the submission will be considered as being timely filed if it is mailed prior to expiration for the set time period.

Use ESTTA and select the “Consent Motions (opposition or cancellation)” option under the “File Documents in a Board Proceeding” option and choose the appropriate form.

Use ESTTA and select the “Opposition, Cancellation, or Concurrent Use (General Filings)” option under the “File Documents in a Board Proceeding” form. Be sure to serve the motion on the other side, and include a certificate of service, see TBMP § 113.

 In general, no. If you accidentally filed confidential material through ESTTA without flagging it as confidential, we can change the status of the item so that it cannot be viewed publicly. You will usually be required to submit a public, redacted version of the item so it can be viewed in the electronic file.

Contact an Information Specialist at 571-272-8500 and provide the ESTTA tracking number shown on your filing receipt. TTAB staff will track it down and call you back with the information.

Contact an Information Specialist at 571-272-8500 and provide the ESTTA tracking number shown on your filing receipt. TTAB staff should be able to retrieve the document.

There is no ESTTA form for this type of a filing. File your combined pleading through ESTTA first as a notice of opposition under the application serial number(s) that you wish to oppose. Then file a separate petition to cancel the registration(s) you wish to cancel and include a motion to consolidate.

The better practice is to send in as separate papers in the same envelope with separate checks for the petition and filing fees. If you are able to file the petition to the director through TEAS include a note in the paper filing that you filed the petition to the director through TEAS. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401.

If a defendant's email address is of record and authorized for communication, the notice will go out immediately, but you should check online after a couple of hours because sometimes there is a delay in the electronic processing. If we do not have an authorized email for the defendant, the notice of institution will be processed by a paralegal and may take a few days, depending on the workload.

The TTAB does not accept testimony or other exhibits in CD or DVD format. However, the TTAB has limited exceptions for multimedia exhibits, for example, if an exhibit is a commercial on a DVD, it may be submitted by mail addressed to the United States Patent and Trademark Office, Trademark Trial and Appeal Board, P.O. Box 1451, Alexandria, VA 22313-1451. Please include the proceeding number, the testimony under which it is submitted and any other appropriate identifying information.

Every paper filed in an opposition, cancellation, concurrent use or interference case must be served by email on the other party or parties to the proceeding. This means a copy of the filing must be emailed to the other party. Proof of service must be attached to the paper you file with the TTAB. This is a statement signed by the attorney or other authorized representative, stating the date of service and the manner in which service was made. Parties may stipulate to another form of service (e.g., another form of electronic service or by mail). In addition, if email service is not possible and the parties have not stipulated to another form of service, a party may choose from six options and explain why service could not be made via email. See TBMP § 113 for a complete explanation of service requirements.

The certificate of mailing procedure applies only to submissions filed in paper form via U.S. mail. It allows that, except in certain instances, correspondence required to be filed by a certain date will be considered as timely filed, even though it was not received by the TTAB until after the expiration of the set period. See TBMP § 111 for a complete explanation of the certificate of mailing procedure.

No. Pleadings, motions, briefs, depositions, testimony, etc. are all required to be submitted electronically via ESTTA. Video depositions or testimony are specifically not allowed. However, media evidence that cannot be submitted any other way (such as a movie, television show, or radio commercial), may be submitted on an appropriate medium such as DVD.

PLAN AHEAD. Because unexpected problems can occur, you should keep filing deadlines in mind and allow plenty of time to resolve any issue which might arise. The TTAB will provide general assistance to ESTTA filers, but we cannot guarantee that any problem will be resolved prior to a deadline. ESTTA filing is mandatory for all submissions. If prior to a deadline ESTTA is unavailable due to technical problems or extraordinary circumstances are present, submissions (except for extensions of time to oppose or notices of opposition to a Madrid Protocol application) may be filed in paper form. A Petition to the Director with the required showing and fee must accompany a paper-filed extension of time to oppose, notice of opposition, petition to cancel or answer. All other paper filings must be accompanied by a written explanation of such technical problems or extraordinary circumstances. Please note, if the required showing is not met the paper may not be considered. In addition, paper filings may have higher fees. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401. Extensions of time to oppose and notices of opposition to Madrid Protocol applications, must be filed through ESTTA without exception.

Currently, this field is for viewing only. Please use the General Filings change of correspondence address form under "File Documents in a Board Proceeding" and the assigned Paralegal will process the change of address in due course.

These are determined on a case by case basis.

Trademark Help - Trademark Trial and Appeal Board (TTAB) - Pro Se

While you can represent yourself in a TTAB proceeding, you might wish to consider hiring an attorney to represent you. An opposition or cancellation proceeding is just like a case in court. Even if you do not have an attorney, you will be expected to follow the Rules of Practice for the TTAB and the Federal Rules of Evidence, which are followed by the TTAB. You may find it difficult to properly conduct your case without legal counsel.

No, the TTAB cannot recommend an attorney to you. However, the TTAB Pro Bono Clearinghouse Program recognizes organizations that coordinate free legal services to members of the public in proceedings before the TTAB, and who might not otherwise have affordable access to legal assistance (such as financially under-resourced individuals, small-to-medium-enterprises, and not-for-profit and nonprofit or charitable organizations with low operating budgets.) Currently, the  International Trademark Association (INTA) Pro Bono Clearinghouse is recognized by TTAB. Also visit USPTO's Inventor and entrepreneur resources webpage to locate resources by state.

No. The TTAB is the administrative body that decides ex-parte appeals, oppositions, cancellations and concurrent use proceedings. For this reason, we must remain impartial. We can offer general factual information about TTAB procedure, but no TTAB employee may advise you on your case. We cannot discuss how the rules and law apply to your individual circumstances, cannot recommend a course of legal action, and cannot comment on how your case may be decided.

You can refer to the TTAB's Manual of Procedure "TBMP". The TTAB also follows the Federal Rules of Civil Procedure.

First, you will need to file an answer within the time stated in the order you received from the TTAB. In your answer, for each numbered paragraph you see in the notice of opposition, you should indicate the number and then admit or deny the statement, or state that you are without enough information to admit or deny the statements made in these numbered paragraphs. It is possible that you may have certain defenses that should be stated as well, but we cannot give you any advice on those, which is why we recommend that you obtain the advice of an attorney. It may be helpful for you to read the TTAB Manual of Procedure "TBMP".

An inter partes proceeding before the Board is similar to a civil action (trial) in a federal district court. The parties file pleadings, a range of possible motions, discovery (a party’s use of discovery depositions, interrogatories, requests for production of documents and things, and requests for admission to ascertain the facts underlying its adversary’s case), a trial period, and briefs, followed by a decision on the merits of the proceeding. You can review the Board’s manual of procedure, the TBMP, for more information.

You can check the electronic file in TTABVUE. You can also call the TTAB Information Specialists at 571-272-8500 to request information on the status of your case.

Trademark Help - Trademark Trial and Appeal Board (TTAB) - Rule Changes

All of the rule changes came into effect on Jan. 14, 2017 and are applicable to all proceedings including those pending on Jan. 14, 2017.

Yes. The effective date has been set a few months after publication of the rules in order to allow parties time to adjust their docketing schedules.

Yes. The effective date was set a few months after publication of the rules on Oct. 7, 2016 in order to allow parties time to adjust their docketing schedules.

Yes. The effective date has been set a few months after publication of the rules in order to allow parties time to adjust their docketing schedules.

Yes, even though the pretrial disclosure was served before the effective date of the new rules you may present the testimony of those disclosed witnesses by affidavit or declaration if your trial period is open on or after Jan. 14, 2017.

No. The Board will issue a notice of institution and serve the complaint on the defendant in the form of a web link or web address to access the complaint and proceeding on TTABVUE.

The duty to supplement under Fed. R. Civ. P. 26(e) continues after close of discovery.

Trademark Help - Trademark Trial and Appeal Board (TTAB) - Fees

Depending on the type of proceeding, fees vary. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401. Please note effective Jan. 14, 2017 certain extensions of time to file an opposition require fees.

You may pay your fee by check or money order (payable to "Director of the U.S. Patent and Trademark Office"), credit card, deposit account, or by electronic funds transfer (EFT). Most fees can be paid online over the USPTO website. For details on each of these payment methods visit the USPTO Fees page.

The better practice is to send in separate checks. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401.

Yes.

Trademark Help - Trademark Trial and Appeal Board (TTAB) - Status Information

You can check the electronic file in TTABVUE. You can also call the TTAB Information Specialists at 571-272-8500 to request information on the status of your case. Please be aware that the Information Specialists also use TTABVUE and likely will have no different information. Otherwise, allow a reasonable period of time to pass before calling to check status. In the rare instances, due to technical difficulties with ESTTA or extraordinary circumstances, a submission was filed by hand, traditional mail, or a delivery service, it may take some time for such newly filed papers to reach the TTAB and be processed. In contrast, submissions filed electronically appear in the record almost immediately.

When you file you should have received an ESTTA tracking number. Most papers filed electronically are uploaded immediately to TTABVUE, and you should be able to see your filing there. If your submission is not showing, or there is another problem with the submission, you can call the Information Specialist, explain the problem, and provide the ESTTA tracking number. If they are not able to resolve the problem, they will notify the TTAB’s IT specialist.

Check TTABVUE to see whether an answer has been entered in the file. If not, the TTAB sets the call-back date for entry of a notice of default about 10 days after the answer was due. You will receive a copy of the notice of default and/or email notification when a notice of default issues. If an answer has been filed on paper it will be scanned into TTABVUE and you should be able to view it there.

Our goal is to decide contested motions in less than three months. Your case will be decided in turn. If you have not received something from us after four months, you may call to check the status of your motion. For further pendency information, see the TTAB’s Dashboard.

Presently, the TTAB is rendering decisions in ex-parte appeals approximately 10 weeks after all briefs have been submitted or after a hearing date. Up to date pendency information can be found on the TTAB’s Dashboard.

Presently, the TTAB is rendering decisions in these proceedings approximately 10 weeks after the case is ready for decision. Up to date pendency information can be found on the TTAB’s Dashboard.

Presently, the TTAB is rendering decisions on these filings approximately 10 days after the filing date of a consented motion or 10 days after a response to an unconsented motion was due.

Trademark Help - Trademark Trial and Appeal Board (TTAB) - General

You can call the TTAB Assistance Center at 571-272-8500 during normal business hours, between 8:30 a.m. and 5 p.m. Eastern Time (ET), Monday through Friday, except federal holidays. For General Information press [4]; to speak with an Information Specialist press [0].

The Information Specialists are available to:

  • answer telephone inquiries
  • explain how to access pertinent legal provisions and related administrative practices
  • provide status information on pending cases
  • provide access to the files of pending cases
  • assist in resolving problems

There are two types of proceedings before the TTAB, an ex parte appeal from denial of your application for registration by an examining attorney, and an inter partes opposition, cancellation, concurrent use or interference proceeding.

In most cases, the Information Specialists can answer your questions, or can refer you to the appropriate person to handle your concern. However, if you need additional help, you may ask the Information Specialist to refer your call to the appropriate TTAB supervisor.

Trademark-related mail to be delivered by hand or other private courier or delivery service (e.g. UPS, Federal Express) to the Trademark Trial and Appeal Board, must be delivered to:

The Trademark Assistance Center

Madison East, Concourse level Room C55

600 Dulany Street

Alexandria, VA 22314

No. Effective Jan. 14, 2017, all filings to the TTAB must be submitted through TTAB's Electronic System for Trademark Trials and Appeals "ESTTA". Trademark Rule 2.195(d)(3) bars facsimile transmission of papers to be filed with the TTAB. Submissions filed by fax transmission will not be accorded a date of receipt. The TTAB will not accept any filings by email.

Case files are public records and are open to the public for review, except for certain documents filed under a claim of confidentiality. The easiest way to review a file is through the electronic system, TTABVUE.

To look at a file, you can review or print it out yourself using TTABVUE. TTAB records submitted prior to approximately 2001 are kept in paper.  An individual who wishes to inspect or copy one of the paper files is directed to the National Archives and Records Administration, www.archives.gov/research.

No, we do not fax or email papers to parties or other persons requesting copies. You can review or print papers from a file through TTABVUE.

You can refer to the Trademark Trial and Appeal Board Manual of Procedure "TBMP". The TTAB also follows the Federal Rules of Civil Procedure.

You can access TTAB decisions from 11/19/1996 to the present in the TTAB Reading Room. You can also access this webpage through the TTAB homepage under “Board receipts & issued decisions.”

Yes, all of the rule changes came into effect on the same date, Jan. 14, 2017.

Yes, the rule changes apply to all proceedings, including those pending on Jan. 14, 2017. This also includes proceedings instituted prior to 2007 that are still pending.

Yes. For ex parte appeals, a suggested format is “October 10, 2015 Office Action at 2.” For inter partes appeals, the suggested format is “1 TTABVUE 2.”

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