What is a trademark?

A trademark is a word, phrase, symbol or design, or a

combination thereof, that identifies and distinguishes the source of the goods of one party
from those of others.

Where can I get basic trademark information?

For information about applying for a trademark, click Basic Facts About Trademarks, and view the
trademark videos that cover important topics and critical application filing tips. To understand
what to expect in the overall process, view the timelines for trademark processing. If you still have
questions, contact the Trademark Assistance Center at 1-800-786-9199.

Must I register my trademark?

No. You can establish rights in a mark based on use of the mark in commerce, without a
registration. However, owning a federal trademark registration on the Principal Register provides
several important benefits.

What are the benefits of federal trademark registration?

Owning a federal trademark registration on the Principal Register provides several advantages,
including:

 Public notice of your claim of ownership of the mark;

 A legal presumption of your ownership of the mark and your exclusive right to use the
mark nationwide on or in connection with the goods/services listed in the registration;
 The ability to bring an action concerning the mark in federal court;
 The use of the U.S. registration as a basis to obtain registration in foreign countries;
 The ability to record the U.S. registration with the U.S. Customs and Border Protection
(CBP) Service to prevent importation of infringing foreign goods;
 The right to use the federal registration symbol ® and
 Listing in the United States Patent and Trademark Office’s online databases.

Do federal regulations govern the use of the designations "TM" or "SM"

or the ® symbol?

If you claim rights to use a mark, you may use the "TM" (trademark) or "SM" (service mark)
designation to alert the public to your claim of ownership of the mark, regardless of whether you
have filed an application with the United States Patent and Trademark Office (USPTO). However,
you may only use the federal registration symbol "®" after the USPTO actually registers a mark,
and not while an application is pending.

Should I have an attorney?

You are not required to hire an attorney, but if you decide to prepare and submit your own
application, you must comply with all requirements of the trademark statutes and rules and may
be required to respond to legal issues raised by the USPTO. Because the application process
can be complex, many applicants choose to appoint an attorney to represent them. If you choose
to appoint an attorney, we will only communicate with your attorney. The USPTO cannot help you
select an attorney. However, the American Bar Association website includes information on how
to find local attorneys who practice trademark law.
Is registration guaranteed and can I get a refund of money paid?

Registration is not guaranteed and only money paid when not required may be refunded. For
information on why registration may be refused, see Basic Facts About Trademarks.

SEARCHING FOR SIMILAR TRADEMARKS

Should I conduct a search for similar trademarks before filing an
application?

It is advisable to conduct a search before filing your application. See TESS TIPS for further
information.

Where can I conduct a trademark search for trademarks in pending

applications and federal registrations?

You may search the USPTO’s Trademark Electronic Search System (TESS) database free of
charge before filing or you may wish to hire an attorney to perform the search and assess the
results for you. Alternatively, you can search the database at a Patent and Trademark Depository
Library (PTDL). Information about PTDL locations can be found here.

Where can I find trademark forms?

You can find USPTO forms through the Trademark Electronic Application System (TEAS). Two
forms are available for the initial application: regular TEAS and TEAS Plus. Both forms allow you
to pay by credit card, electronic funds transfer, or through an existing United States Patent and
Trademark Office (USPTO) deposit account.

If you do not have Internet access, you can access TEAS at any Patent and Trademark
Depository Library (PTDL) throughout the United States. Many public libraries also provide
Internet access.

We recommend using TEAS, but you may file a paper application. To obtain a printed form, call
the Trademark Assistance Center at 1-800-786-9199.

What is the Trademark Electronic Application System (TEAS)?

The Trademark Electronic Application System allows you to fill out and file an application form
online, paying by credit card, electronic funds transfer, or through an existing USPTO deposit
account. TEAS can also be used to file other documents including a response to an examining
attorney's Office action, a change of address, an allegation of use, and post registration
maintenance documents.

Where do I send mail or make deliveries?

Although we recommend you file documents online using TEAS, paper mail may be sent to the
following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
Submissions sent using other delivery services such as Federal Express, United Parcel Service,
and DHL is not encouraged, but if used, must be delivered to: Trademark Assistance Center,
Madison East, Concourse Level Room C 55, 600 Dulany Street Alexandria, VA 22314.

Who may file an application?

Only the owner of the trademark may file an application for registration. The owner 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. The owner may be an individual, corporation, partnership, LLC, or
other type of legal entity.

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

No. However, your citizenship must be provided in the application.  If you have dual citizenship,
then you must indicate which citizenship will be printed on the certificate of registration.

What is the difference between “use in commerce” and “intent to use”

in commerce?

The basic difference between these two filing bases is whether you have used the mark on all the
goods/services. If you have already used your mark in commerce, you may file under the “use in
commerce” basis. If you have not yet used your mark in commerce, but intend to use it in the
future, you must file under the “intent to use” basis. An “intent to use” basis will require filing an
additional form and fee that are unnecessary if you file under “use in commerce.”

What is a specimen?

A specimen is a sample of how you actually use the mark in commerce on your goods or with
your services. A specimen shows the mark as your purchasers encounter it in the marketplace
(e.g., on your labels or on your website).

What is a drawing?

The "drawing" is a clear image of the mark applicant seeks to register. The USPTO uses the
drawing to upload the mark into the USPTO search database and to print the mark in the Official
Gazette and on the registration certificate. There are two types of drawings: “standard character”
and “special form.” For more information on the different types of drawings see Basic Facts About
Trademarks.

Can you register the name of a musical group or band?

A band name may function as a service mark for “entertainment services in the nature of
performances by a musical group” if it is used to identify live performances.

What can I do to help the application proceed as smoothly as possible?

1. File the application and all other documents electronically through the Trademark Electronic
Application System (TEAS).

2. Carefully review all documents before filing to make sure all issues have been addressed and
all the necessary elements are included.
3. Authorize email correspondence and promptly inform the USPTO of any change in
correspondence address, including your email address. This can be done through
TEAS, available here.

4. Check the status of your application every 3-4 months using the Trademark Applications and
Registrations Retrieval (TARR) database. If the USPTO has taken any action, you may need to
respond promptly. All USPTO actions are available for viewing using the Trademark Document
Retrieval (TDR) database.

AFTER FILING THE APPLICATION

Is registration of my mark guaranteed?

No. The examining attorney will review the application and may issue refusals based on the
Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R.
Part 2.
The most common reasons for refusing registration are because the mark is:

 Likely to cause confusion with a mark in a registration or prior application;

 Descriptive for the goods/services;
 A geographic term;
 A surname;
 Ornamental as applied to the goods.

For a discussion of these and other possible refusals, see Chapter 1200 of the Trademark
Manual of Examining Procedure (TMEP).
The examining attorney may also issue requirements concerning, for example:

 The goods and services listed in the application;

 The description of the mark;
 The quality of the drawing;
 The specimens.

How can I check the status of my application?

Once you receive a serial number for your application, you can check the status of your
application through the Trademark Applications and Registrations Retrieval (TARR) database.  If
you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-
786-9199 to request a status check. You should check on the status of your pending application
every 3-4 months. If the USPTO has taken any action, you may need to respond promptly. All
USPTO actions are available for viewing using the Trademark Document Retrieval (TDR)
database.

How long will it take for my mark to register?

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 that may arise in the examination of
the application. You may view the application processing timelines here.

If I filed based on an “intent to use” the mark, when must I allege actual
use of the mark in commerce?
You must file your Allegation of Use either prior to the date the application is approved for
publication or within six months after the Notice of Allowance is issued, unless a request for an
extension of time is granted.

May I assign or transfer the ownership of my trademark to someone

else?

Yes. A registered mark may be assigned and a mark for which an application to register has been
filed may be assignable. Certain exceptions exist concerning the assignment of Intent-to-Use
applications. Assignments may be recorded in the USPTO for a fee. For the guidelines for filing
an assignment and the assignment form itself, click on Assignments or contact the Assignment
Division at 571-272-3350.

AFTER THE TRADEMARK HAS REGISTERED

How long does a trademark registration last?

The registration is valid as long as you timely file all post registration maintenance documents.
You must file a “Declaration of Use under Section 8” between the fifth and sixth year following
registration. In addition, you must file a combined “Declaration of Use and Application for
Renewal under Sections 8 and 9” between the ninth and tenth year after registration, and every
10 years thereafter. For more information see Maintain/Renew a Registration.

Is a federal registration valid outside of the United States?

No. However, certain countries recognize a United States registration as a basis for filing an
application to register a mark in those countries under international treaties. See TMEP Chapter
1000 and TMEP Chapter 1900 for further information.

What if someone else is using my registered mark on related goods and

services?

You may challenge use of your trademark by someone else in several ways, depending on the
factual situation. You should consider contacting an attorney specializing in trademark law. Local
bar associations and phone directories usually have attorney listings broken down by specialties.
Time can be of the essence. Click here for further information.

My spouse owned a trademark registration and has since died. Do I own

it now?

Perhaps. Because this depends on state law, the USPTO cannot provide a definite answer for all
factual situations. You should consider contacting an attorney. Local bar associations and phone
directories usually have attorney listings. Click here for further information.

OTHER TRADEMARK QUESTIONS

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 and may allow the common law user to successfully challenge a
registration or application.

What is “interstate commerce”?

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

Will my information be public?

All data you submit to the USPTO, including your phone number, e-mail address, and street
address, but not your credit card and banking information, is public record and is viewable on the
Internet. Do not submit personal identifying information that is NOT required for a filing, such as a
social security number or driver’s license number.