Applicant
You must properly identify the “Applicant.” Is it you, as an individual? Is it your company? What difference does this make? Propre identification of the applicant is essential.
Mark
You must properly identify the mark. Will you apply to register your mark in Standard Character format or do you want to claim a specific rendering of your mark. Not sure? Book a Consult below.
Drawing
If you are applying to register your mark in Standard Character format, then you can use a typed drawing. Otherwise, you will need an image file that contains a drawing of your mark. If you want to claim color, then a color version of your logo will be required. What difference does all this make? Book a Consult below.
Goods/Services
You must properly describe your goods and services. If you are using the TEAS Plus application, then you should be using the USPTO’s ID Manual to select an appropriate description of your goods and services. Not sure how to do this, Book a Consult below.
Classification
The USPTO categorizes goods and services in different Classes. You will need to identify the proper Classes for your goods and services.
Filing Basis – Use in Commerce
If you are using your mark in your business before you file your USPTO application, you must state the date of your first use of the mark anywhere and first use in commerce. Your “use” must be more the “token” use so that you can put a first us date in your application.
You will need to submit a specimen showing how you are using your mark on your goods or packaging or in advertising your services. This is not the same as the “drawing” requirement.
If you are selling goods, then you must apply your mark to your goods or to the packaging of your goods.
If you are selling services, then your mark must appear in your advertising material. Your advertisements must identify the same services identified in your application to register your mark and must display the mark too.
Your specimen can be a picture of your goods with your mark displayed on the goods or on the packaging for the goods, or a picture of your advertising that describes your services and displays the mark. Your picture must show both elements – the mark as applied to your goods (or packaging), or the mark as applied in your advertising of the services.
Filing Basis – Intent-to-Use in Commerce
If you are not using your mark in your business but have a good faith (“bona fide”) intent to do so, then you must choose “intent-to-use” as your filing basis. You will not need to specify a first use date in your application, nor will you need a specimen of use to file your application.
However, you will need to start using your mark in commerce before the USPTO will register your mark. You must notify the USPTO when you start using your mark in commerce by timely filing either an Allegation of Use or a Statement of Use and include a proper specimen of use.
USPTO Fees
The USPTO filing fee applies to each Class included in your application.
Sign
You must properly sign using electronic signature.
Pay/Submit
You must pay the appropriate filing fee and submit your application via TEAS.
