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Anatomy of a USPTO Trademark Application

Posted by ipelton on: December 2nd, 2011

There are many elements to a US trademark application filed with the USPTO.  For that matter, there are several different types of applications. The following is for a standard trademark already used in commerce. The process for marks that are not yet used in the commerce, certification marks,  supplemental register applications, collective membership marks,have different elements and requirements.

Electronic applications with the USPTO are filed using the “Trademark Electronic Application System (TEAS)“. 

The application below is for a new blog I recently launched, TTABulator, to cover filing data and other information related to the Trademark Trial and Appeal Board. Prior to submitting the application, I conducted a thorough search to make sure no one was using, had registered, or had applied to register a similar name.

As you can see, the application has several important elements – each which must be completed properly – including, but not limited, to:

  • identifying the proper owner; 
  • a correct drawing of the mark (standard character or a design); 
  • a proper filing “basis”; 
  • evidence of use; 
  • description of the goods and services;
  • dates of first use;
  • correspondence address;
  • a declaration;
  • proper signature of the application; and
  • payment of the USPTO filing fees.

While the resulting form may look deceptively simple, a failure to properly complete each of the elements could result in rejection of the application, delay, limitations on the coverage provided, or subject it to attack or cancellation from a competitor. Of course, even an application that is properly completed could be rejected by the USPTO for a substantive reason, such as a conflict with a registered trademark.

Once completed and filed, a Serial Number is assigned to the application and the file will show up in the USPTO’s electronic database a few days later. It will likely be 3 to 4 months before the USPTO reviews the application.

2011-11-19 TTABULATOR FTK-85477138

If you need assistance with preparing and filing a trademark application, let me know.  My clients have received more than 1,500 US trademark registrations!

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