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Patents and Trade Office FAQs

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 owner's 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?

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. You may contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure. If you live in Northern Virginia, the number is (703) 308-9000.

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.

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 8½" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8½" 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?

YNot 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.