United States Patent and Trademark Office

An Agency of the Department of Commerce

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Basic Facts, Trademarks

Basic Facts About Trademarks

TRADEMARK, COPYRIGHT OR PATENT?
          What is a trademark or service mark?
          Do Trademarks, Copyrights and Patents protect the same things?

SHOULD I REGISTER MY MARK?
          Is registration of my mark required?
          When can I use the trademark symbols TM, SM and ®?

WHAT DOES THE USPTO DO?

HOW DO I FILE A TRADEMARK APPLICATION?
          Is there a form for filing my application?
          Are there other ways to file besides the Internet?
          Must I hire an attorney?

WHAT MUST THE APPLICATION INCLUDE?
           Do I have to be a U.S. citizen to apply?
           What is a "standard character" drawing?
           What is a "stylized or special form" drawing?
           What if I want to show color on the drawing?           Can I change the goods and/or services after filing my application?            What is "use in commerce"?
           What is "intent to use"?
           Is there any other possible filing basis?
          What is a "specimen" of use?
           What is a proper specimen for use of a mark on goods (products)?
           What is a proper specimen for use of a mark with services?
           How do I file the specimen?
           When do I file the specimen?            Who can sign the application?
           How do I sign a TEAS application?

WHAT HAPPENS AFTER I FILE MY APPLICATION?            Does the examining attorney search for conflicting marks?
           Can I search for conflicting marks before filing?
           Are there other reasons the examining attorney might refuse my mark?

ADDITIONAL REQUIREMENTS FOR "INTENT TO USE" APPLICATIONS
          What is an Allegation of Use?
          When do I file an Allegation of Use?
          Is there a deadline for filing the Statement of Use after the Notice of Allowance issues?
          What is a Request for an Extension of Time to file a Statement of Use?

MAINTAINING A FEDERAL TRADEMARK REGISTRATION

USPTO CONTACTS FOR MORE INFORMATION

OTHER TRADEMARK RESOURCES
           United States Patent and Trademark Office Homepage
           Patent and Trademark Depository Libraries (PTDL)
           International Schedule of Classes of Goods and Services
           Fees for Filing Trademark-Related Documents
US Department of Commerce
USA.gov