Trademark Application Questions
Federal trademark applications are $275 per class. Fees as of January 31, 2005
State Trademark & Servicemark Fees per class. Fees as of September 6, 2002
TradeMark Express® offers it’s trademark application preparation services at half-price when you conduct your needed Trademark and Common-Law research through us.
For State Trademark and Service mark Application, our fee is only $100.
If your research has already been completed elsewhere, then our Application Preparation will be $200. So, you can save $100 if you order your Application Preparation with your legal trade name research.
If you will be conducting business in more than one State – i.e. across State lines, or between the United States and another country, then we recommend a Federal Trademark or Service mark application instead of multiple State Applications.
The owner of a trade name may apply to register his or her trademark. Any person who, in good faith, intends to use a mark in commerce may apply to register the mark. All trademark applications are subject to prior commercial uses under Common Law and prior State and Federal trademarks, both pending and registered.
The USPTO does not mail outside the USA. If one lives outside the United States, then a filing correspondent within the United States must be provided to serve as a domestic representative. Any person living within the United States can serve this function. United States citizenship is not needed.
Legal research is not a requirement to filing. The USPTO leaves it up to the business owner to take responsibility to ensure that they are not infringing on another’s mark. However, it is highly recommended that you conduct research prior to filing. Research ensures that you are not submitting a name already owned by another entity.
This is the Declaration you will be required to sign when applying for a USPTO mark :
“PTO-Application Declaration: The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. º1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. º1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.”
An owner applicant must provide his/her name, address, drawing of the mark – if there is a logo design, goods or services description and filing fee. Without these elements, your application will be returned unprocessed with your fee. The owner may be an individual, corporation, partnership or other legal entity.
The Supplemental Register is reserved for those marks that may be descriptive, generic and/or geographic in nature.
For either a Federal trademark or a State trademark, the date of first use is the date the mark was used in intrastate or interstate commerce anywhere.
To be ‘in commerce’ means that one’s trade name is being used in commercial transactions either in one place for a State trademark application or for a USPTO application, between States or between the United States and a foreign country.
If you plan to use a new trade name in interstate commerce (between two States), or between the United States and another country, then an Intent-to-Use (ITU) application may be filed. This is the same form as the In-Use application. You must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on “intent to use,” you must later file another form called the “Allegation of Use” to establish that use has begun.
By filing an ITU application, the applicant has 6 months after receiving the Notice of Allowance from the USPTO to use the mark in interstate commerce. If the applicant has not used the mark in commerce during the 6-month period, the applicant may file for an “Extension of Use”, provided good faith efforts have been made to use the mark in commerce. Extensions are in 6-month increments, up to 3 years. For each Extension of Use filed, there is an additional filing fee of $150 per class.
Address changes must be made in writing, including the application’s serial or registration number, to the Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3513.
For goods : the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
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