Plain English Guide to Intellectual Property

Intellectual property is often worth more to a business than its tangible assets. Consisting of business strategies, images, concepts, and ideas, lawful protection of intellectual property predates the U.S. Constitution. Now protected by patents, trademarks, copyrights, and trade secrets, businesses must take the appropriate steps to ensure that their intellectual property is kept safe from competing businesses, defecting partners, and even employees. Becoming informed about the available legal tools can mean the difference between success and failure. http://www.business.gov/topics/business_laws/copyright_patents/index.html

US Patent and Trademark Office

The U.S. Patent and Trademark Office is the primary source of patent and trademark registration protection used by U.S. and international businesses. http://www.uspto.gov/

US Patent and Trademark Office Frequently Asked Questions

Visit the U.S. Patent and Trademark Office (USPTO) for answers to frequently asked questions about researching, applying for, and using a trademark. http://www.uspto.gov/web/offices/tac/tmfaq.htm

Copyright Filing Procedures

The U.S. Copyright Office is the authority concerning copyright law and filing procedures. The Office maintains a comprehensive, interactive Web site. http://www.copyright.gov/

US Copyright Office FAQs

http://www.copyright.gov/faq.html

File Patents and Trademarks

Electronic Business Center for patents, trademarks, and online fee payments. http://www.uspto.gov/ebc/indexebc.html

TEAS: Trademark Electronic Application System by the United States Patent and Trademark Office (USPTO)

TEAS allows you to fill out a form, check it for completeness, and then submit the form directly to the USPTO over the internet, making an official filing on-line. http://www.uspto.gov/teas/

Copyright Expiration

The duration of copyright protection depends not only on when a work is created but also when it is published. Created by a professor at the Franklin Pierce Law Center, the Copyright Expiration Table illustrates the dates that copyrights will expire and associated works will pass into the public domain. http://www.unc.edu/~unclng/public-d.htm

Understanding Copyright Law

Need an answer that can't be found on the U.S. Copyright Office Web site? Copyright information in plain English can be found at Nolo.com. http://www.nolo.com/lawcenter/index.cfm/catid/804B85E3-9224-47A9-A7E6B5BD92AACD48

World Intellectual Property Organization

Individuals and businesses interested in marketing abroad should visit the World Intellectual Property Organization (WIPO), the branch of the United Nations that helps to establish intellectual property rights across borders. http://www.wipo.int/

Intellectual Property: Selecting a Good Lawyer

http://www.lawyers.com/legal_topics/browse_by_topic/browse_parent/browse_child/content/show_content.php?articleid=1001998

Provisional Application for Patent

Provisional applications are like temporary placeholders; they allow inventors to file inexpensively without a formal patent claim, oath, or declaration. Once the application is filed, the applicant has one year to investigate the feasibility, marketability, patentability, and potential licensee interest of the invention before deciding to file a formal patent application. Meanwhile, the term patent pending: http://www.uspto.gov/web/offices/pac/provapp.htm

United States Patent and Trademark Office: FAQ About Patents

http://www.uspto.gov/web/offices/pac/doc/general/faq.htm

How to Get a Patent

http://www.uspto.gov/web/patents/howtopat.htm

Patent Filing Fee

The filing fee of a non-provisional application, except in design and plant cases, consists of a basic fee and additional fees. The basic fee entitles the applicant to present twenty (20) claims, including not more than three (3) in independent form. An additional fee is required for each claim in independent form which is in excess of three (3) and an additional fee is required for each claim (whether independent or dependent) which is in excess of a total of twenty (20) claims. If the application contains multiple dependent claims, additional fees are required: http://www.uspto.gov/web/offices/pac/doc/general/fees.htm

Trade Secrets

A trade secret is any piece of information used by a business that isn't known to the general public, including formulas, business plans, designs, and procedures. State and federal laws protect trade secrets when other areas of intellectual property law don't offer adequate protection. An example is the formula for Coca-Cola, which remains a secret despite being over 100 years old. This formula cannot be patented because it is considered a recipe, but it can be protected under trade secret laws. http://www.business.gov/topics/business_laws/copyright_patents/trade_secrets.html

Trade Secrets Defined

Employees and Intellectual Property: Confidentiality agreements and non-compete covenants are most often entered into between employers and employees or business partners. Enforceability of these contracts varies among the states, so if you are considering utilizing either, it is recommended that you contact an attorney in your local jurisdiction. http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10103

Federal vs. State Intellectual Property

Federal intellectual property registration entitles the owner to use trademarks, patents, and copyright throughout the United States and provides some protection internationally as well. State governments also allow for the registration of intellectual property, although the protection provided is comparatively limited. Furthermore, most state governments will only register trademarks and will not allow the registration of copyrights or patents. http://www.business.gov/topics/business_laws/copyright_patents/federal_state_ip.html

State Registration for Intellectual Property

In most states, intellectual property registrations are done through the Secretary of State office. Secretary of State Offices: http://www.statelocalgov.net/50states-secretary-state.htm

Copyrights, Patents, and Trademarks FAQs

http://www.business.gov/phases/launching/protect_ideas/copyright_faq.html

What is a copyright?

The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at all), and whether or not it is a work for hire, the U.S. copyright term for a work may be 28 years, 56 years, the life of the author plus 50 years, 75 years from the publication date, or 100 years from the date of creation. The reader will appreciate that these terms are much longer than the 17-year or 20-year term of a U.S. utility patent.

How do I copyright my software?

First, a bit of terminology. The question of whether a work is copyrighted might, depending on who is talking, mean either of two things. Someone who says a work is copyrighted might be trying to say that a copyright registration on the work has been obtained from the U.S. Copyright Office. A different person who says a work is copyrighted might mean that the work is protected by U.S. copyright laws. Lots of people say the former, but it is sloppy usage; the latter is more correct. In the United States, an original work becomes protected by the copyright laws from the moment it is fixed in a tangible medium. This provides several obvious examples of ways that a work could fail to be protected by the copyright laws: the work might contain no originality, or it might not be fixed in a tangible medium. Yet another example is if a work has gone into the public domain, perhaps because the term of copyright has expired or because the owner has dedicated the work to the public prior to the expiration of the copyright term.

From this it becomes clear that the answers to the question "What must I do to protect my software through copyright?" is, roughly, fix it in a tangible medium. This is a fairly simple step, one which probably occurred no later than when the author stored the software on a hard disk or floppy disk. Generally once it is explained that works are automatically copyrighted from the moment the programmer saves the file to disk, the person asking the question restates the question "How may I register the copyright in my software?" We will now address that question. It is, of course, possible for authors to obtain copyright registrations pro se, i.e., without representation by intellectual property counsel. The U.S. Copyright Office has a circular in PDF format on software copyright protection.

There is the danger, however, that an improperly drafted copyright registration application could fail to preserve the trade secret rights in a work of software. For this reason, authors of computer software are encouraged to seek the advice of competent counsel. There is another reason why the software author who is inclined to proceed in applying for copyright protection might be well advised to seek advice of competent counsel. In our experience, it is rare that the only steps needed to attend to a client's intellectual property needs are copyright registration steps. It frequently develops that there are other aspects of the client's business that also require attention. A work may contain material prepared by subcontractors or material recycled from a previous programming task. The software may call for design patent protection, utility patent protection, or trademark protection. The programmer may have failed to give enough attention to the placement and content of copyright notices.

Dozens of other intellectual property issues may present themselves. A consultation with competent intellectual property counsel will improve the likelihood that these other aspects are considered. While there are several reasons to consult intellectual property counsel before filing a copyright registration application on software, it is also in our experience that an author who plans to register numerous similar works will find it fruitful to work with intellectual property counsel on the first one or two registration applications; after this it may be possible for that author to proceed filing subsequent registration applications with minimal assistance of counsel. In other words, it should not be taken as a foregone conclusion that the legal costs for the first copyright registration would have to repeat themselves for subsequent copyright registrations. A good book on the subject of software copyright protection is Copyright Your Software from Nolo Press, which you can purchase from Amazon Books. Professor Thomas G. Field, Jr. of the Franklin Pierce Law Center has written an excellent brochure called "Copyright for Computer Authors."

When must I file a copyright application?

Those who are familiar with the rather strict time limits for filing a U.S. patent application may find it to be a pleasant surprise that under the U.S. copyright law, a copyright application can be filed many years after the initial publication of a work and still be eligible for a copyright registration. This does not, however, mean that you should put off filing your copyright registration. Stated differently, even though there is no particular time limit for filing a copyright registration application, this should not lull the author into a false sense that copyright registration is unnecessary or that it need not be done promptly. The registration of a U.S. copyright offers many benefits to the owner of the copyright. For example, it creates a presumption that ownership of the copyright is as set forth in the registration.

In addition, if you happen to have the good luck that you registered the copyright on a date earlier than the date of an act of unauthorized copying or under certain other circumstances set forth in the copyright law, if you prevail in court against the unauthorized copier, you may find yourself eligible for statutory damages and for recovery of attorney's fees. The damages and attorney's fee benefits that come from registering a copyright in advance of infringement are so great, and the cost of registering a copyright is so small, that it is wise to attend to copyright registrations promptly. Many people successfully file copyright registration applications on their own without the assistance of counsel. However, some authors find it convenient to pay someone else to do it for them simply to avoid the paperwork.

Additionally, those whose authorship is in computer software may wish to retain competent counsel to assist them in filing registration applications, since filing the application incorrectly could conceivably result in loss of trade secret rights, or, in an extreme case, could result in loss of all copyright rights. For example, there are steps which may be taken in filing a copyright registration application in software which preserve trade secrets that are contained in the software. Additionally, since most software is produced in versions, with each version based in part on previous versions, there are certain disclosures which must, under certain circumstances, be made in the registration application to acknowledge the older content. To give one example, the owner of the dBase programming language came very close to losing all copyright rights in the language due to failure to disclose that portions of the work were based on older works.

Can I register a copyright myself?

Many types of copyright registrations are easy and straightforward to do, in which case a layperson can obtain copyright registration for little more than $20 and a bit of one's time. In the area of computer software, however, it is often helpful to retain experienced counsel to prepare the copyright application. The reason for this is that for any copyright registration application, there is the requirement that the applicant deposit a copy of the work with the Copyright Office; the deposit becomes available to the public. In the particular case of software it is possible to deposit less than all of the work, which helps to protect trade secrets. (The Copyright Office has a helpful circular on this subject, in PDF format.) Experience is helpful in determining what, exactly, needs to be deposited with the Copyright Office. Advice of experienced counsel is also helpful in determining whether the application is complete, e.g., whether it needs to disclose previous works upon which the present work is based. Failure to disclose prior works runs the risk that copyright protection will be lost later. Another trap for the unwary is characterizing a work incorrectly as a work-for-hire when it is not; this, too, runs the risk of later loss of copyright rights.

What does it cost to register a copyright?

At the time of writing (1998), the filing fee for registering a copyright with the U.S. Copyright Office is $20 (U.S. Copyright Office brochure on Fees in PDF file.) The Copyright Office will do a registration on an expedited basis as well; for example, if litigation is imminent. An extra fee must be paid and the application has to be submitted to a different address for expedited registration. The factors described above explain why the lawyer's fees in a software copyright registration application are likely to be at least $200-$300, exclusive of copying and courier charges.

What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, section What Works Are Protected: http://www.copyright.gov/circs/circ1.html#wwp

How do I reach the Copyright Office and where do I get application forms?

The Public Information Office telephone number is (202) 707-3000. To order application forms, the number is (202) 707-9100; TTY is (202) 707-6737. The mailing address is Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 20559-6000. The Copyright Office is located at 101 Independence Avenue, S.E., Washington, D.C., in the James Madison Memorial Building, Room LM-401, of the Library of Congress. Hours of service are 8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday, except Federal holidays. The nearest Metro stop is Capitol South. You may get forms from the U.S. Copyright Office in person, by mailing in a request, or by calling our 24-hours-per-day forms hotline: (202) 707-9100. Some public libraries may carry our forms but we do not maintain a list of those libraries. Forms: http://lcweb.loc.gov/copyright/forms/ may also be downloaded from our website.

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, section Copyright Registration: www.copyright.gov and Circular 38b (PDF file: http://www.loc.gov/copyright/circs/circ38b.pdf on non-U.S. works.

How do I register my copyright, how long does it take, and what does it cost?

To register a work, you need to submit a completed application form, a nonrefundable filing fee of $30, and a nonreturnable copy or copies of the work to be registered. See Circular 1, section Registration Procedures: http://www.loc.gov/copyright The time the Copyright Office requires to process an application varies, depending on the amount of material the office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission . The current filing fee is $30 per application. Generally, each work requires a separate application. See Circular 4: http://www.loc.gov/copyright/circs/circ04.html.

How long does copyright last?

The Sonny Bono Copyright Term Extension Act, signed into law on October 27, 1998, amends the provisions concerning duration of copyright protection. Effective immediately, the terms of copyright are generally extended for an additional 20 years. Specific provisions are as follows:

For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving authors death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047.

For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured. For further information see Circular 15a (PDF file: http://www.loc.gov/copyright/circs/circ15a.pdf).

Patents and Trade Office FAQs

http://www.business.gov/phases/launching/protect_ideas/patent_tradeoffice_faq.html

What is a trademark?

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.

What is a service mark?

A service mark is any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the services of one provider from services provided by others and to indicate the source of the services.

What is a certification mark?

A certification mark is any word, name, symbol, or device or any combination used or intended to be used in commerce with the owners permission by someone other than its owner to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

What is a collective mark?

A collective mark is a trademark or service mark used or intended to be used in commerce by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

Do I need to register my trademark?

No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

What are the benefits of federal trademark registration?

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 Service to prevent importation of infringing foreign goods.

Do I have to be a U.S. citizen to obtain a federal registration?

No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.

Where can I find trademark forms?

Where can I get basic trademark information?

You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About 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. If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357.

Where can I ask a question about trademarks?

If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357.

Are there federal regulations governing use of the "TM" or "SM" designations

No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.

When can I use the registration symbol (the letter R enclosed within a circle-O) with the mark?

The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]

Do I need an attorney to file a trademark application?

No, although it may be desirable to employ an attorney who is familiar with trademark matters. You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About 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. Many applicants find it beneficial to search a mark (to see if there are any registered, pending, or previously used marks) before filing a trademark application. We do not offer online searching of our trademark database at this time. Word marks (marks consisting only of words) may be searched at one of the over 70 Patent and Trademark Depository Libraries (PTDLs) located throughout the United States. For a listing of these locations, please click here PTDL. You must actually go to the library itself and perform the search yourself. However, the Patent and Trademark Depository Librarians are extremely helpful in getting you started. Searches can also be performed at the Patent and Trademark Office at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. If you need to locate an attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties.

What constitutes interstate commerce?

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

How do I find out whether a mark is already registered?

In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. Searches can be performed at our offices at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. Also, word marks may be searched at over 70 Patent and Trademark Depository Libraries located throughout the country. For a listing of these locations, please click PTDL.

Is a federal registration valid outside the United States?

No. Certain countries, however, do recognize a United States registration as a basis for registering the mark in those countries. Many countries maintain a register of trademarks. The laws of each country regarding registration must be consulted.

Should I search the PTO records before filing an application?

Yes. The Patent and Trademark Office (PTO) Public Search Library for trademarks is located at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. The Public Search Library is open between 8:00 a.m. and 5:30 p.m. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Can the Office conduct a search for an applicant?

No. After a trademark application is filed, the Patent and Trademark Office (PTO) will conduct a search of the records as part of the official examination process. The official search is not done for the applicant but rather to determine whether the mark applied for can be registered. It is advisable to search the records before filing the application. A search may be conducted by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Can trademarks be searched online?

Yes. The USPTO Trademark Database is now available for searching on the World Wide Web by anyone who has Internet access. Understanding the limitations of the Web database can help you avoid significant problems.

Where can I conduct a trademark search?

A search may be conducted by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

What is a common law search and is it necessary?

A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an internet search.

How do I find out if I need patent, trademark and/or copyright protection?

Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services.

Can I search patents online?

Some patent databases are available on the USPTO Home Page, click on Search Patents.

How do I register a copyright?

The Patent and Trademark Office (PTO) does not handle the registration of copyrights. The Copyright Office is part of the Library of Congress (202-707-3000). For more information: click on Copyright Office.

How do I obtain a federal trademark registration?

A registration may be applied for by filing a properly executed application with the Patent and Trademark Office (PTO). The application, and any accompanying communications, should be addressed to "Assistant Commissioner for Trademarks, Box New App/Fee, 2900 Crystal Drive, Arlington, VA 22202-3513." You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About 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.

Who may file an application?

Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void. Generally, the person who uses or controls the use of the mark and controls the nature and quality of the goods to which it is affixed or the services for which it is used is the owner of the mark.

Do I have to use the application form provided by the Office?

No, but the format used must comply with all Patent and Trademark Office (PTO) requirements. The prepared PTO form is provided as a convenience. The PTO recommends use of the form to avoid the omission of important information.

Can a fax copy or photocopy of an application be filed?

Yes. However, there is no provision for filing an application by means of facsimile transmission, i.e., by faxing it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery.

Can I fax in my application?

There is no provision for filing an application by means of facsimile transmission, i.e., by faxing it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery.

What is a specimen?

A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 81⁄2" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 81⁄2" x 11". THREE SPECIMENS ARE REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION. The three specimens may be identical. Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. 1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. 1051(c), or the Statement of Use, 15 U.S.C. 1051(d), in applications based on a bona fide intention to use the mark in commerce, Section 1(b), 15 U.S.C. 1051(b). Specimens are not required for applications based on Section 44 of the Trademark Act (for owners of foreign trademark applications and registrations), 15 U.S.C. 1126.

What is the drawing?

The drawing is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. 1051(a), the drawing must show the mark as it is actually used, i.e., as shown by the specimens. In the case of an application based on a bona fide intention to use, Section 1(b), 15 U.S.C. 1051(b), the drawing must show the mark as the applicant intends to use it. In an application based on a foreign application or foreign registration, Sections 44(d) or 44(e), 15 U.S.C. 1126(d) and (e), the drawing must depict the mark as it appears or will appear on the foreign registration. The applicant cannot register more than one mark in a single application. Therefore, the drawing must display only one mark.

If an applicant submits specimens, is a drawing still required?

Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and ultimately on the registration certificate itself. Specimens, on the other hand, are required as evidence that a mark is in actual use in commerce.

On what bases can a foreign applicant file an application for registration?

Use in interstate commerce or commerce between the United States and a foreign country. Bona fide or good faith intention to use the mark in interstate commerce or commerce between the United States and a foreign country. Ownership of an application filed in a foreign country (if within six months of the foreign filing date). Ownership of a foreign registration (with a certified copy).

Can the Office refuse to register a mark?

Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols, or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, Section 2 of the Trademark Act (15 U.S.C. 1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as: the proposed mark consists of or comprises immoral, deceptive, or scandalous matter, the proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute, the proposed mark consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, the proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual's written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow, the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services are likely to cause confusion, mistake, or deception, the proposed mark is merely descriptive or deceptively misdescriptive of applicant's goods or services, the proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of applicant's goods or services, and the proposed mark is primarily merely a surname.

Can I get a refund of monies paid to the Office?

Not usually. Only money paid by mistake or in excess (that is, paid when not required, or not required in the amount paid) may be refunded. A filing fee will be returned if submitted with a defective application which is denied a filing date. However, once the application receives a filing date, the filing fee will normally not be returned. All requests for refunds should be referred to the Finance Office, or the Examining Attorney assigned.

How can I check on the status of a pending U.S. trademark application?

Once you receive a filing receipt containing the serial number of your application, you may check on the status of a pending case by calling our status line at (703) 305-8747.

How long does it take for a mark to be registered?

It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. The filing receipt will include the serial number of the application. All future correspondence with the PTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained by dialing: (703) 305-8747. Applicants should check on the status of their pending applications every six months.

How long does a trademark registration last?

For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed between the fifth and sixth year following registration. Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted on or after November 16, 1989 have a 10-year term. This is also true for the renewal periods; renewals granted PRIOR to November 16, 1989 have a 20-year term, and renewals granted on or after November 16, 1989 have a 10-year term.

When did the renewal period change from twenty to ten years?

November 16, 1989. Registrations issued on or after November 16, 1989 have a ten-year term, renewable every ten years.

How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?

An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted.

What are the different classes of goods and services?

CLASS 1 (Chemicals) Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Explanatory Note This class includes mainly chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes. Includes, in particular: compost; salt for preserving other than for foodstuffs. Does not include, in particular: raw natural resins (Cl. 02); chemical products for use in medical science (Cl. 05); fungicides, herbicides and preparations for destroying vermin (Cl. 05); adhesives for stationery or household purposes (Cl. 16); salt for preserving foodstuffs (Cl. 30); straw mulch (Cl. 31).

CLASS 2 (Paints) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages. Does not include, in particular: unprocessed artificial resins (Cl. 01); laundry bluing (Cl. 03); cosmetic dyes (Cl. 03); mordants for seed (Cl. 05); paint boxes (articles for use in school) (Cl. 16); insulating paints and varnishes (Cl. 17).

CLASS 3 (Cosmetics and cleaning preparations) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Explanatory Note This class includes mainly cleaning preparations and toilet preparations. Includes, in particular: deodorants for personal use; sanitary preparations being toiletries. Does not include, in particular: chemical chimney cleaners (Cl. 01); degreasing preparations for use in manufacturing processes (Cl. 01); deodorants other than for personal use (Cl. 05); sharpening stones and grindstones (hand tools) (Cl. 08).

CLASS 4 (Lubricants and fuels) Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. Explanatory Note This class includes mainly industrial oils and greases, fuels and illuminants. Does not include, in particular: certain special industrial oils and greases (consult the Alphabetical List of Goods).

CLASS 5 (Pharmaceuticals) Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Explanatory Note This class includes mainly pharmaceuticals and other preparations for medical purposes. Includes, in particular: sanitary preparations for medical purposes and for personal hygiene; deodorants other than for personal use; cigarettes without tobacco, for medical purposes. Does not include, in particular: sanitary preparations being toiletries (Cl. 03); deodorants for personal use (Cl. 03); supportive bandages (Cl. 10).

CLASS 6 (Metal goods) Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; iron mongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. Explanatory Note This class includes mainly unwrought and partly wrought common metals as well as simple products made of them. Does not include, in particular: bauxite (Cl. 01); mercury, antimony, alkaline and alkaline-earth metals (Cl. 01); metals in foil and powder form for painters, decorators, printers and artists (Cl. 02).

CLASS 7 (Machinery) Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Explanatory Note This class includes mainly machines, machine tools, motors and engines. Includes, in particular: parts of motors and engines (of all kinds); electric cleaning machines and apparatus. Does not include, in particular: certain special machines and machine tools (consult the Alphabetical List of Goods); hand tools and implements, hand operated (Cl. 08); motors and engines for land vehicles (Cl. 12).

CLASS 8 (Hand tools) Hand tools and implements (hand operated); cutlery; side arms; razors. Explanatory Note This class includes mainly hand operated implements used as tools in the respective professions. Includes, in particular: cutlery of precious metals; electric razors and clippers (hand instruments). Does not include, in particular: certain special instruments (consult the Alphabetical List of Goods); machine tools and implements driven by a motor (Cl. 07); surgical cutlery (Cl. 10); paperknives (Cl. 16); fencing weapons (Cl. 28).

CLASS 9 (Electrical and scientific apparatus) Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. Explanatory Note Includes, in particular: apparatus and instruments for scientific research in laboratories; apparatus and instruments for controlling ships, such as apparatus and instruments, for measuring and for transmitting orders; the following electrical apparatus and instruments: a. certain electrothermic tools and apparatus, such as electric soldering irons, electric flat irons which, if they were not electric, would belong to Class 8; b. apparatus and devices which, if not electrical, would be listed in various classes, i.e., electrically heated clothing, cigar-lighters for automobiles; protractors; punched card office machines; amusement apparatus adapted for use with television receivers only. Does not include, in particular: the following electrical apparatus and instruments: a. electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit-presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7; b. electric razors and clippers (hand instruments) (Cl. 08); electric toothbrushes and combs (Cl. 21); c. electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (Cl. 11); clocks and watches and other chronometric instruments (Cl. 14); control clocks (Cl. 14).

CLASS 10 (Medical apparatus) Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. Explanatory Note This class includes mainly medical apparatus, instruments and articles. Includes, in particular: special furniture for medical use; hygienic rubber articles (consult the Alphabetical List of Goods); supportive bandages.

CLASS 11 (Environmental control apparatus) Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. Explanatory Note Includes, in particular: air conditioning apparatus; bedwarmers, hot water bottles, warming pans, electric or non-electric; electrically heated cushions (pads) and blankets, not for medical purposes; electric kettles; electric cooking utensils. Does not include, in particular: steam producing apparatus (parts of machines) (Cl. 07); electrically heated clothing (Cl. 09).

CLASS 12 (Vehicles) Vehicles; apparatus for locomotion by land, air or water. Explanatory Note Includes, in particular: motors and engines for land vehicles; couplings and transmission components for land vehicles; air cushion vehicles. Does not include, in particular: certain parts of vehicles (consult the Alphabetical List of Goods); railway material of metal (Cl. 06); motors, engines, couplings and transmission components other than for land vehicles (Cl. 07); parts of motors and engines (of all kinds) (Cl. 07).

CLASS 13 (Firearms) Firearms; ammunition and projectiles; explosives; fireworks. Explanatory Note This class includes mainly firearms and pyrotechnical products. Does not include, in particular: matches (Cl. 34).

CLASS 14 (Jewelry) Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. Explanatory Note This class includes mainly precious metals, goods in precious metals and, in general, jewelry, clocks and watches. Includes, in particular: jewelry (i.e. imitation jewelry and jewelry of precious metal and stones); cuff links, tie pins. Does not include, in particular: certain goods in precious metals (classified according to their function or purpose), for example: metals in foil and powder form for painters, decorators, printers and artists (Cl. 02); amalgam of gold for dentists (Cl. 05); cutlery (Cl. 08); electric contacts (Cl. 09); pen nibs of gold (Cl. 16); objects of art not in precious metals (classified according to the material of which they consist).

CLASS 15 (Musical Instruments) Musical instruments. Explanatory Note Includes, in particular: mechanical pianos and their accessories; musical boxes; electrical and electronic musical instruments. Does not include, in particular: apparatus for the recording, transmission, amplification and reproduction of sound (Cl. 09).

CLASS 16 (Paper goods and printed matter) Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. Explanatory Note This class includes mainly paper, goods made from that material and office requisites. Includes, in particular: paper knives; duplicators; plastic sheets, sacks and bags for wrapping and packaging. Does not include, in particular: certain goods made of paper and cardboard (consult the Alphabetical List of Goods); colors (Cl. 02); hand tools for artists (for example: spatulas, sculptors' chisels) (Cl. 08).

CLASS 17 (Rubber goods) Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. Explanatory Note This class includes mainly electrical, thermal and acoustic insulating materials and plastics, being for use in manufacture in the form of sheets, blocks and rods. Includes, in particular: rubber material for recapping tires; padding and stuffing materials of rubber or plastics; floating anti-pollution barriers.

CLASS 18 (Leather goods) Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. Explanatory Note This class includes mainly leather, leather imitations, travel goods not included in other classes and saddlery. Does not include, in particular: clothing, footwear, headgear (consult the Alphabetical List of Goods).

CLASS 19 (Nonmetallic building materials) Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal. Explanatory Note This class includes mainly nonmetallic building materials. Includes, in particular: semi-worked woods (for example: beams, planks, panels); veneers; building glass (for example: floor slabs, glass tiles); glass granules for marking out roads; letter boxes of masonry. Does not include, in particular: cement preservatives and cement-waterproofing preparations (Cl. 01); fireproofing preparations (Cl. 01).

CLASS 20 (Furniture and articles not otherwise classified) Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. Explanatory Note This class includes mainly furniture and its parts and plastic goods, not included in other classes. Includes, in particular: metal furniture and furniture for camping; bedding (for example: mattresses, spring mattresses, pillows); looking glasses and furnishing or toilet mirrors; registration number plates not of metal; letter boxes not of metal or masonry. Does not include, in particular: certain special types of mirrors, classified according to their function or purpose (consult the Alphabetical List of Goods); special furniture for laboratories (Cl. 09); special furniture for medical use (Cl. 10); bedding linen (Cl. 24); eiderdowns (Cl. 24).

CLASS 21 (Housewares and glass) Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. Explanatory Note This class includes mainly small, hand-operated, utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain. Includes, in particular: utensils and containers for household and kitchen use, for example: kitchen utensils, pails, and pans of iron, aluminum, plastics and other materials, small hand-operated apparatus for mincing, grinding, pressing, etc.; candle extinguishers, not of precious metal; electric combs; electric toothbrushes; dish stands and decanter stands. Does not include, in particular: certain goods made of glass, porcelain and earthenware (consult the Alphabetical List of Goods); cleaning preparations, soaps, etc. (Cl. 03); small apparatus for mincing, grinding, pressing, etc., driven by electricity (Cl. 07); razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Cl. 08); cooking utensils, electric (Cl. 11); toilet mirrors (Cl. 20).

CLASS 22 (Cordage and fibers) Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. Explanatory Note This class includes mainly rope and sail manufacture products, padding and stuffing materials and raw fibrous textile materials. Includes, in particular: cords and twines in natural or artificial textile fibres, paper or plastics. Does not include, in particular: certain nets, sacs and bags (consult the Alphabetical List of Goods); strings for musical instruments (Cl. 15).

CLASS 23 (Yarns and threads) Yarns and threads, for textile use.

CLASS 24 (Fabrics) Textiles and textile goods, not included in other classes; bed and table covers. Explanatory Note This class includes mainly textiles (piece goods) and textile covers for household use. Includes, in particular: bedding linen of paper. Does not include, in particular: certain special textiles (consult the Alphabetical List of Goods); electrically heated blankets (Cl. 10); table linen of paper (Cl. 16); horse blankets (Cl. 18).

CLASS 25 (Clothing) Clothing, footwear, headgear. Explanatory Note Does not include, in particular: certain clothing and footwear for special use (consult the Alphabetical List of Goods).

CLASS 26 (Fancy goods) Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. Explanatory Note This class includes mainly dressmakers' articles. Includes, in particular: slide fasteners. Does not include, in particular: certain special types of hooks (consult the Alphabetical List of Goods); certain special types of needles (consult the Alphabetical List of Goods); yarns and threads for textile use (Cl. 23).

CLASS 27 (Floor coverings) Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). Explanatory Note This class includes mainly products intended to be added as furnishings to previously constructed floors and walls.

CLASS 28 (Toys and sporting goods) Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. Explanatory Note Includes, in particular: fishing tackle; equipment for various sports and games. Does not include, in particular: Christmas tree candles (Cl. 04); diving equipment (Cl. 09); amusement apparatus adapted for use with television receivers only (Cl. 09); electrical lamps (garlands) for Christmas trees (Cl. 11); playing cards (Cl. 16); fishing nets (Cl. 22); clothing for gymnastics and sports (Cl. 25); confectionery and chocolate decorations for Christmas trees (Cl. 30).

CLASS 29 (Meats and processed foods) Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. Explanatory Note This class includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation. Includes, in particular: milk beverages (milk predominating). Does not include, in particular: certain foodstuffs of plant origin (consult the Alphabetical List of Goods); baby food (Cl. 05); dietetic substances adapted for medical use (Cl. 05); salad dressings (Cl. 30); fertilized eggs for hatching (Cl. 31); foodstuffs for animals (Cl. 31); living animals (Cl. 31).

CLASS 30 (Staple foods) Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Explanatory Note This class includes mainly foodstuffs of plant origin prepared for consumption or conservation as well as auxiliaries intended for the improvement of the flavour of food. Includes, in particular: beverages with coffee, cocoa or chocolate base; cereals prepared for human consumption (for example: oat flakes and those made of other cereals). Does not include, in particular: certain foodstuffs of plant origin (consult the Alphabetical List of Goods); salt for preserving other than for foodstuffs (Cl. 01); medicinal teas and dietetic substances adapted for medical use (Cl. 05); baby food (Cl. 05); raw cereals (Cl. 31); foodstuffs for animals (Cl. 31).

CLASS 31 (Natural agricultural products) Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. Explanatory Note This class includes mainly land products not having been subjected to any form of preparation for consumption, living animals and plants as well as foodstuffs for animals. Includes, in particular: raw woods; raw cereals; fertilized eggs for hatching; mollusca and crustacea (live). Does not include, in particular: cultures of micro-organisms and leeches for medical purposes (Cl. 05); semi-worked woods (Cl. 19); artificial fishing bait (Cl. 28); rice (Cl. 30); tobacco (Cl. 34).

CLASS 32 (Light beverages) Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Explanatory Note This class includes mainly nonalcoholic beverages, as well as beer. Includes, in particular: de-alcoholized drinks. Does not include, in particular: beverages for medical purposes (Cl. 05); milk beverages (milk predominating) (Cl. 29); beverages with coffee, cocoa or chocolate base (Cl. 30).

CLASS 33 (Wine and spirits) Alcoholic beverages (except beers). Explanatory Note Does not include, in particular: medicinal drinks (Cl. 05); de-alcoholized drinks (Cl. 32).

CLASS 34 (Smokers' articles) Tobacco; smokers' articles; matches. Explanatory Note Includes, in particular: tobacco substitutes (not for medical purposes). Does not include, in particular: cigarettes without tobacco, for medical purposes (Cl. 05); certain smokers' articles in precious metal (Cl. 14) (consult the Alphabetical List of Goods).

SERVICE CLASSIFICATIONS

CLASS 35 (Advertising and business) Advertising; business management; business administration; office functions. Explanatory Note This class includes mainly services rendered by persons or organizations principally with the object of: 1.help in the working or management of a commercial undertaking, or 2.help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services. Includes, in particular: services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the exploitation or compilation of mathematical or statistical data; services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods. Does not include, in particular: activity of an enterprise the primary function of which is the sale of goods, i.e., of a so-called commercial enterprise; services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services); professional consultations and the drawing up of plans not connected with the conduct of business (Cl. 42).

CLASS 36 (Insurance and financial) Insurance; financial affairs; monetary affairs; real estate affairs. Explanatory Note This class includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds. Includes, in particular: services relating to financial or monetary affairs comprise the following: a. services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services; b. services of credit institutions other than banks such as cooperative credit associations, individual financial companies, lenders, etc.; c. services of "investment trusts," of holding companies; d. services of brokers dealing in shares and property; e. services connected with monetary affairs vouched for by trustees; f. services rendered in connection with the issue of travelers' checks and letters of credit; services of realty administrators of buildings, i.e., services of letting or valuation, or financing; services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.

CLASS 37 (Building construction and repair) Building construction; repair; installation services. Explanatory Note This class includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties. Includes, in particular: services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers; services auxiliary to construction services like inspections of construction plans; services of shipbuilding; services consisting of hiring of tools or building materials; repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition); various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.; services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this class and Class 40 see the Explanatory Note of Class 40). Does not include, in particular: services consisting of storage of goods such as clothes or vehicles (Cl. 39); services connected with dyeing of cloth or clothes (Cl. 40).

CLASS 38 (Telecommunications) Explanatory Note This class includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which: 1.allow a person to talk to another, 2.transmit messages from one person to another, and 3.place a person in oral or visual communication with another (radio and television). Includes, in particular: services which consist essentially of the diffusion of radio or television programs. Does not include, in particular: radio advertising services (Cl. 35).

CLASS 39 (Transportation and storage) Transport; packaging and storage of goods; travel arrangement. Explanatory Note This class includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding. Includes, in particular: services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter; services connected with the hiring of transport vehicles; services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes; services connected with the functioning of airports; services connected with the packaging and parceling of goods before dispatch; services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport; services relating to the inspection of vehicles or goods before transport. Does not include, in particular: services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35); services relating to the issuing of travelers' checks or letters of credit by brokers or travel agents (Cl. 36); services relating to insurance (commercial, fire or life) during the transport of persons or goods (Cl. 36); services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37); services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 42).

CLASS 40 (Treatment of materials) Treatment of materials. Explanatory Note This class includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it. Includes, in particular: services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers); services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating. Does not include, in particular: repair services (Cl. 37).

CLASS 41 (Education and entertainment) Education; providing of training; entertainment; sporting and cultural activities. Explanatory Note This class contains mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention. Includes, in particular: services consisting of all forms of education of persons or training of animals; services having the basic aim of the entertainment, amusement or recreation of people.

CLASS 42 (Miscellaneous) Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes. Explanatory Note This class contains all services which could not be placed in other classes. Includes, in particular: services rendered in procuring lodgings, rooms and meals, by hotels, boarding houses, tourist camps, tourist houses, dude ranches, sanatoria, rest homes and convalescence homes; services rendered by establishments essentially engaged in procuring food or drink prepared for consumption; such services can be rendered by restaurants, self-service restaurants, canteens, etc.; personal services rendered by establishments to meet individual needs; such services may include social escorts, beauty salons, hairdressing salons, funeral establishments or crematoria; services rendered by persons, individually or collectively, as a member of an organization, requiring a high degree of mental activity and relating to theoretical or practical aspects of complex branches of human effort; the services rendered by these persons demand of them a deep and extensive university education or equivalent experience; such services rendered by representatives of professions such as engineers, chemists, physicists, etc., are included in this class; services of travel agents or brokers ensuring hotel accommodation for travelers; services of engineers engaged in valuing, estimates, research and reports; services (not included in other classes) rendered by associations to their own members. Does not include, in particular: professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35); services for travelers rendered by travel agencies (Cl. 39); performances of singers or dancers in orchestras or operas (Cl. 41).

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?