Guide - Trademarks Registration Application
Guide - Trademarks Registration Application
Learn about the type of information that is required in order to prepare and file successfully a USPTO trademark registration application. This information will also guide you when you'll complete our online trademarks questionnaire.
1. Owner of Mark. Generally, the owner of the mark is the person or entity which controls the use of the mark, and not necessarily the one completing the application. The owner of the mark can be an individual or an entity (corporation, LLC, partnership, etc). If the owner is an individual, list her name starting with the last name (e.g., Brown, Peter). If the owner is an entity, enter its name (e.g., FlexOne, Inc.).
If the owner is also known as (AKA), is doing business as (DBA), is trading as (TA), or was formerly known under a different name, please indicate so in the text box provided.
2. Owner/Entity Type. If the owner of the mark is an individual, leave the default choice here. Otherwise, select the appropriate entity type form the list provided. If not listed, enter the entity type in the "Other" text box.
3. Owner's 'Citizenship'. If the mark owner is an individual, indicate her citizenship (U.S., or foreign country). If the mark owner is an entity, indicate the U.S. State or the foreign country where the entity was formed. Example: if the owner of the mark is a corporation which was incorporated in the State of Delaware, select Delaware.
4. Owner's Address. Enter the U.S. or foreign address of the owner. The phone number is required, and an e-mail address highly recommended by the USPTO. The USPTO prefers to communicate with the owner (also called applicant) by e-mail. In addition, an e-mail address will facilitate the communication between LegalArrow and the owner, should the need arise.
5. Mark Type. The most common choice here is "Standard Characters" mark. This means that the mark consists of words, letters, numbers, or a combination thereof, with no design element, and no claims to font style, size, or color (e.g., Flex21). This mark type provides broad rights and protection, because the owner can use it in any manner of presentation she chooses (e.g., Flex21, Flex21, etc).
Select "Special/Design" mark type, if your mark is a design (logo), includes a design element, or is a word mark (words, letters, numbers) with claims to font style, size, or color. Browse for the file which contains the special mark. It will be sent to us with your answers when you'll click to submit your answers at the end of the questionnaire. The file should contain only the mark by itself. The required format for electronic filing is .jpg; however, you can send us your file in other common formats and we will convert your file.
If your mark is a special mark, indicate if you claim certain colors. If the answer is yes, list the claimed colors in the text box provided. Lastly, describe the special mark; example: letter R colored in red, letter P colored in blue, and letter N colored in black, all capitalized, etc (if your mark is RPN).
6. Goods or Services Associated with this Mark. Enter here the goods or services associated with this mark. USPTO recommends to supply a specific description. Examples of goods: laptop computers, office furniture, etc. Examples of services: computer repair services; furniture restoration services, etc.
7. Is the Mark Currently Used in Commerce? Use in commerce is the most common basis for applying for federal trademark registration. Keep the default option "Yes" if the mark is currently used by the owner in commerce in connection with the goods or services listed above. Use in commerce in this context means use in commerce that is subject to U.S. Congress' regulations: interstate commerce, territorial commerce (e.g., American Samoa), or commerce between U.S. and a foreign country.
The second option here, intent-to-use, is the second most common basis for filing for federal mark registration. Choose this option if the owner is not currently using the mark but intends to do so in the near future. This means, among other things, that within approximately six months the owner will have to file a "Statement of Use" with the USPTO. The advantage of filing for registration before the mark is actually used in commerce is that the owner's priority to the mark ownership starts with the date of filing, and not with the later date when the owner actually starts to use the mark in commerce.
A specimen is required if applying for registration on the "use in commerce" basis. A specimen is a proof that the mark is actually used in commerce in connection with the goods or services listed above. For goods, an acceptable specimen is a label for example, which shows the mark on the goods or their packaging. For services, an acceptable specimen is an advertisement showing that the respective services are marketed using the mark. The required format of the specimen for electronic filing is .jpg or pdf; however, you can send us your file in other common formats and we will convert your file. Provide a brief description of the specimen in the text box provided.
If applying on the "use in commerce" basis, the date of the first use anywhere (in commerce which IS NOT subject to U.S. Congress' regulations), and the date of first use in commerce (in commerce which IS subject to U.S. Congress' regulations) are also required. The date of first use anywhere may be the same as the first use in commerce, or an earlier date. USPTO requires that at least the year to be provided for these two dates.
8. Foreign Application or Registration? If priority is claimed on the basis of prior foreign application or registration, select "Yes" here. LegalArrow's staff will contact you for the additional information needed.
9. Contact Info. The USPTO asks for owner's contact information, and LegalArrow needs it as well to communicate with the owner if necessary during the processing of the order. If the contact information is different than the owner's address supplied earlier, please enter it here. Again, providing an e-mail address is strongly recommended. We respect your privacy.
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