What is the fee for filing a trademark application?

$245 per class. Similar items are classified together under an international classification system. For example, clothing items are in one class, books and publications in another, cosmetics in another, etc.

Is there a lower filing fee for small businesses?

No. The filing fee is $245 per class.

What are the current fees?

$100.00 per international class for Section 8 affidavits. $100.00 per international class per Section 15 affidavits. $200.00 per international class for combined Section 8 & 15 affidavits. $300.00 per class for each class in a renewal application plus an additional $100.00 late fee for each class for a renewal application filed within 3 months after the expiration of the registration. Click here for other Fees.

What is the Trademark Electronic Application System (TEAS)?

The Trademark Electronic Application System (TEAS) is the name given to a project of the Patent and Trademark Office (PTO) Trademark Operation, whereby the PTO will be accepting applications for U.S. trademark registrations online in the future. To view a preliminary version of TEAS, click on PrinTEAS. This site was established to explore the potential of accepting customers' documents electronically. The Office is presently studying the various possibilities for handling signatures, encryption, and other security concerns, payment options, and other related issues in order to produce the most stable, secure, and user-friendly system possible. The exact time when we will accept electronic filing of trademark applications will depend on the success of a small pilot program. We are hoping to be able to accept electronic filing of trademark applications in 1998.

How do I contest someone else using a trademark similar to mine?

There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. For information about proceedings before the Trademark Trial and Appeal Board, click on TBMP.

What publications and electronic information exist on trademarks?

The following trademark-related products are available for sale from our Office of Electronic Information Products, which offers the following products TRADEMARK PRODUCTS ] Basic Facts About Trademarks Cassis Sampler: Samples of CD-ROM Products Published by USPTO CD-ROM Documentation Code of Federal Regulations, Title 37; Patents, Trademarks, and Copyrights Contractor's Reports of Status Listings Forms Goods and Services Manual Index of Trademarks Issued From the United States Patent and Trademark Office Listing of Applications for Renewal of Registrations Official Gazette (OG) of the United States Patent and Trademark Office - Trademarks Patent and Trademark Office Notices Presentation Trademark Trademark Annual Assignment File Trademark Annual Dead Text File Trademark Annual Live Text File Trademark Manual of Examining Procedure (TMEP), Second Edition Trademark Search Branch Bulletin Trademark Status Changes File Trademark Trial and Appeal Board (TTAB) File Trademark Trial and Appeal Board (TTAB) Manual of Procedure Trademark Weekly Image Files Trademark Weekly Text File Trademarks ASSIGN: US Trademarks Assignments Recorded at the USPTO Trademarks ASSIST: Full Text of Trademark Search Tools Trademarks PENDING: Bibliographic Information from Pending US Trademarks Trademarks REGISTERED: Bibliographic Information from Active, Registered US Trademarks USAMark: Facsimile Images of Registered United States Trademarks X-Search User Manual The Office of Electronic Information Products may be reached at 703-306-2600. For a complete list of all Patent and Trademark Office products, click on PTO Products. The following publications are also available: Basic Facts About Trademarks (Revised ed. 1996), available free of charge from the U.S. Patent and Trademark Office. Call 1-800-786-9199 or, if in northern Virginia, (703) 308-9000. Or, you may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out and mailed in. Or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. Trademark Manual of Examining Procedure (TMEP), (Revised ed. 1997), available on a subscription basis from: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Official Gazette of the U.S. Patent and Trademark Office, available from Superintendent of Documents, U.S. Government Printing Office , Washington, D.C. 20402 (not available in electronic format). International Classification of Goods and Services for the Purposes of Registration of Marks, (7th ed. 1996) available from: World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, 1211 Geneva 20 Switzerland. U.S. Patent and Trademark Office Acceptable Identification of Goods and Services Manual (ID Manual), (Revised ed. 1997), Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

What is a PTDL (Patent and Trademark Depository Library)?

A Patent and Trademark Depository Library (PTDL) is a library which is designated by the US Patent and Trademark Office (PTO) to receive and house copies of US patents and patent and trademark materials, to make them available to the public and to disseminate both patent and trademark information. To be designated, a library must meet specific requirements and promise to fulfill certain obligations. Patents and trademarks (word marks only) may be searched at the PTDLs. Please note that the Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the searches for you. They will, however, provide you with the information you need to get started. For more information about the Patent and Trademark Depository Library Program, click on PTDL.

How do I register to practice before the Patent and Trademark Office?

It is not necessary to register to practice before the Patent and Trademark Office (PTO) in trademark matters. Any attorney admitted in a U.S. state or territory can practice before the trademark side of the PTO. Non-lawyers can practice only in the limited circumstances set forth in Rule 10.14(b). For information about registering to practice in patent cases before the PTO, click on Patent Practice.

Is the name of a band a trademark?

Yes, band names would be considered trademarks, or more appropriately service marks, for entertainment services in the nature of performances by a [type of music specified] band.

Can a minor file a trademark application?

This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant.

Can the ownership of a trademark be assigned or transferred from one person to another?

Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee. Specific inquiries should be referred to the Assignment Division (703-308-9723). [NOTE: Certain exceptions exist concerning the assignment of Intent-to-Use applications.] For the guidelines for filing an assignment and the assignment form itself, click on Assignments.

Do I own a trademark registration of a deceased spouse?

Perhaps. Because this depends on state law, the Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties.

How do I file a trademark and/or contact PTO?

• When filing papers of any kind with the PTO, include a stamped, self-addressed postcard listing the mark, the serial number or registration number (if known), and the contents of the filing, such as the drawing page, 3 specimens, a check for $245, etc.
• Carefully review all documents before filing to make sure all issues have been addressed and all the necessary elements are included.
• Do not file large or bulky specimens. They not only take up a lot of space in the PTO, but must be maintained apart from the rest of the file and tend to get lost. Rather, submit a picture of the mark on the specimen. Bulky specimens are specimens that are larger than 8 1/2" by 11" and which do not lie flat. The PTO encourages applicants to send photographs of the goods, as long as the mark is clear from the photograph. 
• Place the serial number or registration number (once known) on each paper or exhibit filed, including any required checks. If, for some reason neither number is available, please put some other identifying information on the correspondence (e.g., mark, name of applicant, filing date). 
• Inform the PTO of any change in correspondence address as soon as possible. 
• Use the status line (703-305-8747) to check on the status of any application.

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