FAQ
The following FAQ is reprinted from the United States Patent & Trademark Office web site.
Definitions
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.
A service mark is any word, name, symbol, 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.
A certification mark is any word, name, symbol, 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.
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.
General Questions
No, but 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.
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.
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 can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Where can I find trademark forms?
You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. ??1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Where can I find trademark forms?
You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Where can I find trademark forms?
You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Where can I find trademark forms?
You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Where can I find trademark forms?
You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Where can I find trademark forms?
You can access forms through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. Additional forms may be available through the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250).
Searching
No, this is not an error. The registration number 0000000 is associated with USPTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number.
There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the USPTO for reference and informational purposes. During the USPTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].
No, this is not an error. The registration number 0000000 is associated with USPTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number.
There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the USPTO for reference and informational purposes. During the USPTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].
No, this is not an error. The registration number 0000000 is associated with USPTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number.
There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the USPTO for reference and informational purposes. During the USPTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].
No, this is not an error. The registration number 0000000 is associated with USPTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number.
There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the USPTO for reference and informational purposes. During the USPTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].
Trademarks, Patents and Copyrights
Application Process
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 8 1/2" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8 1/2" x 11". ONE SPECIMEN IS REQUIRED FOR EACH
- 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 copy).
- Extension of protection of an international registration to the United States under the Madrid Protocol, pursuant to section 66(a) of the Trademark Act. See http://www.uspto.gov/web/trademarks/madrid/madridguide.htm for further information about the Madrid Protocol.
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;
- the proposed mark is primarily merely a surname; and
- matter that, as a whole, is functional.
For a trademark registration to remain valid, an Affidavit of Use ("Section 8 Affidavit") must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. The registrant may file the affidavit within a grace period of six months after the end of the sixth or tenth year, with payment of an additional fee.
The registrant must also file a 9 renewal application within the year before the expiration date of a registration, or within a grace period of six months after the expiration date, with payment of an additional fee.
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.
Goods
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Explanatory Note
This class includes mainly chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes.
Includes, in particular:
- compost;
- salt for preserving other than for foodstuffs.
Does not include, in particular:
- raw natural resins (Cl. 02);
- chemical products for use in medical science (CL 05);
- fungicides, herbicides and preparations for destroying vermin (CL 05);
- adhesives for stationery or household purposes (CL 16);
- salt for preserving foodstuffs (CL 30);
- straw mulch (CL 31).
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Explanatory Note
This class includes mainly paints, colorants and preparations used for the protection against corrosion.
Includes, in particular:
- paints, varnishes and lacquers for industry, handicrafts and arts;
- dyestuffs for clothing;
- colorants for foodstuffs and beverages.
Does not include, in particular:
- unprocessed artificial resins (CL 01);
- laundry bluing (CL 03);
- cosmetic dyes (CL 03);
- mordants for seed (CL 05);
- paint boxes (articles for use in school) (CL 16);
- insulating paints and varnishes (CL 17).
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Explanatory Note
This class includes mainly cleaning preparations and toilet preparations.
Includes, in particular:
- deodorants for personal use;
- sanitary preparations being toiletries.
Does not include, in particular:
- chemical chimney cleaners (CL 01);
- degreasing preparations for use in manufacturing processes (CL 01);
- deodorants other than for personal use (CL 05);
- sharpening stones and grindstones (hand tools) (CL 08).
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Explanatory Note
This class includes mainly industrial oils and greases, fuels and illuminants.
Does not include, in particular:
- certain special industrial oils and greases (consult the Alphabetical List of Goods).
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Explanatory Note
This class includes mainly pharmaceuticals and other preparations for medical purposes.
Includes, in particular:
- sanitary preparations for medical purposes and for personal hygiene;
- deodorants other than for personal use;
- cigarettes without tobacco, for medical purposes.
Does not include, in particular:
- sanitary preparations being toiletries (CL 03);
- deodorants for personal use (CL 03);
- supportive bandages (CL 10).
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; iron mongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Explanatory Note
This class includes mainly unwrought and partly wrought common metals as well as simple products made of them.
Does not include, in particular:
- bauxite (CL 01);
- mercury, antimony, alkaline and alkaline-earth metals (CL 01);
- metals in foil and powder form for painters, decorators, printers and artists (CL 02).
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Explanatory Note
This class includes mainly machines, machine tools, motors and engines.
Includes, in particular:
- parts of motors and engines (of all kinds);
- electric cleaning machines and apparatus.
Does not include, in particular:
- certain special machines and machine tools (consult the Alphabetical List of Goods);
- hand tools and implements, hand operated (CL 08);
- motors and engines for land vehicles (CL 12).
Hand tools and implements (hand operated); cutlery; side arms; razors.
Explanatory Note
This class includes mainly hand operated implements used as tools in the respective professions.
Includes, in particular:
- cutlery of precious metals;
- electric razors and clippers (hand instruments).
Does not include, in particular:
- certain special instruments (consult the Alphabetical List of Goods);
- machine tools and implements driven by a motor (CL 07);
- surgical cutlery (CL 10);
- paperknives (CL 16);
- fencing weapons (CL 28).
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Includes, in particular:
- apparatus and instruments for scientific research in laboratories;
- apparatus and instruments for controlling ships, such as apparatus and instruments, for measuring and for transmitting orders;
- the following electrical apparatus and instruments:
• certain electrothermic tools and apparatus, such as electric soldering irons, electric flat irons which, if they were not electric, would belong to Class 8;- • apparatus and devices which, if not electrical, would be listed in various classes, i.e., electrically heated clothing, cigar-lighters for automobiles;
- protractors; punched card office machines; amusement apparatus adapted for use with television receivers only.
Does not include, in particular:
- the following electrical apparatus and instruments:
• electromechanical apparatus for the kitchen (grinders and mixers for foodstuffs, fruit-presses, electrical coffee mills, etc.), and certain other apparatus and instruments driven by an electrical motor, all coming under Class 7;- • electric razors and clippers (hand instruments) (CL 08); electric toothbrushes and combs (CL 21);
- • electrical apparatus for space heating or for the heating of liquids, for cooking, ventilating, etc. (CL 11);
- clocks and watches and other chronometric instruments (CL 14);
- control clocks (CL 14).
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Explanatory Note
This class includes mainly medical apparatus, instruments and articles.
Includes, in particular:
- special furniture for medical use;
- hygienic rubber articles (consult the Alphabetical List of Goods);
- supportive bandages.
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Includes, in particular:
- air conditioning apparatus;
- bedwarmers, hot water bottles, warming pans, electric or non-electric;
- electrically heated cushions (pads) and blankets, not for medical purposes;
- electric kettles;
- electric cooking utensils.
Does not include, in particular:
- steam producing apparatus (parts of machines) (CL 07);
- electrically heated clothing (CL 09).
Vehicles; apparatus for locomotion by land, air or water.
Includes, in particular:
- motors and engines for land vehicles;
- couplings and transmission components for land vehicles;
- air cushion vehicles.
Does not include, in particular:
- certain parts of vehicles (consult the Alphabetical List of Goods);
- railway material of metal (CL 06);
- motors, engines, couplings and transmission components other than for land vehicles (CL 07);
- parts of motors and engines (of all kinds) (CL 07).
Firearms; ammunition and projectiles; explosives; fireworks.
Explanatory Note
This class includes mainly firearms and pyrotechnical products.
Does not include, in particular:
- matches (CL 34).
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Explanatory Note
This class includes mainly precious metals, goods in precious metals and, in general, jewelry, clocks and watches.
Includes, in particular:
- jewelry (i.e. imitation jewelry and jewelry of precious metal and stones);
- cuff links, tie pins.
Does not include, in particular:
- certain goods in precious metals (classified according to their function or purpose), for example:
- metals in foil and powder form for painters, decorators, printers and artists (CL 02);
- amalgam of gold for dentists (CL 05);
- cutlery (CL 08);
- electric contacts (CL 09);
- pen nibs of gold (CL 16);
- objects of art not in precious metals (classified according to the material of which they consist).
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
Explanatory Note
This class includes mainly paper, goods made from that material and office requisites.
Includes, in particular:
- paper knives;
- duplicators;
- plastic sheets, sacks and bags for wrapping and packaging.
Does not include, in particular:
- certain goods made of paper and cardboard (consult the Alphabetical List of Goods);
- colors (CL 02);
- hand tools for artists (for example: spatulas, sculptors' chisels) (CL 08).
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
Explanatory Note
This class includes mainly paper, goods made from that material and office requisites.
Includes, in particular:
- paper knives;
- duplicators;
- plastic sheets, sacks and bags for wrapping and packaging.
Does not include, in particular:
- certain goods made of paper and cardboard (consult the Alphabetical List of Goods);
- colors (CL 02);
- hand tools for artists (for example: spatulas, sculptors' chisels) (CL 08).
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Explanatory Note
This class includes mainly electrical, thermal and acoustic insulating materials and plastics, being for use in manufacture in the form of sheets, blocks and rods.
Includes, in particular:
- rubber material for recapping tires;
- padding and stuffing materials of rubber or plastics;
- floating anti-pollution barriers.
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Explanatory Note
This class includes mainly leather, leather imitations, travel goods not included in other classes and saddlery
Does not include, in particular:
- clothing, footwear, headgear (consult the Alphabetical List of Goods).
Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Explanatory Note
This class includes mainly nonmetallic building materials.
Includes, in particular:
- semi-worked woods (for example: beams, planks, panels);
- veneers;
- building glass (for example: floor slabs, glass tiles);
- glass granules for marking out roads;
- letter boxes of masonry.
Does not include, in particular:
- cement preservatives and cement-waterproofing preparations (CL 01);
- fireproofing preparations (CL 01).
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Explanatory Note
This class includes mainly furniture and its parts and plastic goods, not included in other classes.
Includes, in particular:
- metal furniture and furniture for camping;
- bedding (for example: mattresses, spring mattresses, pillows);
- looking glasses and furnishing or toilet mirrors;
- registration number plates not of metal;
- letter boxes not of metal or masonry.
Does not include, in particular:
- certain special types of mirrors, classified according to their function or purpose (consult the Alphabetical List of Goods);
- special furniture for laboratories (CL 09);
- special furniture for medical use (CL 10);
- bedding linen (CL 24);
- eiderdowns (CL 24).
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Explanatory Note
This class includes mainly small, hand-operated, utensils and apparatus for household and kitchen use as well as toilet utensils, glassware and articles in porcelain.
Includes, in particular:
- utensils and containers for household and kitchen use, for example:
- kitchen utensils, pails, and pans of iron, aluminum, plastics and other materials, small hand-operated apparatus for mincing, grinding, pressing, etc.;
- candle extinguishers, not of precious metal;
- electric combs;
- electric toothbrushes;
- dish stands and decanter stands.
Does not include, in particular:
- certain goods made of glass, porcelain and earthenware (consult the Alphabetical List of Goods);
- cleaning preparations, soaps, etc. (Cl. 03);
- small apparatus for mincing, grinding, pressing, etc., driven by electricity (Cl. 07);
- razors and shaving apparatus, clippers (hand instruments), metal implements and utensils for manicure and pedicure (Cl. 08);
- cooking utensils, electric (Cl. 11);
- toilet mirrors (Cl. 20).
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Explanatory Note
This class includes mainly rope and sail manufacture products, padding and stuffing materials and raw fibrous textile materials.
Includes, in particular:
- cords and twines in natural or artificial textile fibres, paper or plastics.
Does not include, in particular:
- certain nets, sacs and bags (consult the Alphabetical List of Goods);
- strings for musical instruments (Cl. 15).
Textiles and textile goods, not included in other classes; bed and table covers.
Explanatory Note
This class includes mainly textiles (piece goods) and textile covers for household use.
Includes, in particular:
- bedding linen of paper.
Does not include, in particular:
- certain special textiles (consult the Alphabetical List of Goods);
- electrically heated blankets (Cl. 10);
- table linen of paper (Cl. 16);
- horse blankets (Cl. 18).
Textiles and textile goods, not included in other classes; bed and table covers.
Explanatory Note
This class includes mainly textiles (piece goods) and textile covers for household use.
Includes, in particular:
- bedding linen of paper.
Does not include, in particular:
- certain special textiles (consult the Alphabetical List of Goods);
- electrically heated blankets (Cl. 10);
- table linen of paper (Cl. 16);
- horse blankets (Cl. 18).
Clothing, footwear, headgear.
Does not include, in particular:
- certain clothing and footwear for special use (consult the Alphabetical List of Goods).
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Explanatory Note
This class includes mainly dressmakers' articles.
Includes, in particular:
- slide fasteners.
Does not include, in particular:
- certain special types of hooks (consult the Alphabetical List of Goods);
- certain special types of needles (consult the Alphabetical List of Goods);
- yarns and threads for textile use (Cl. 23).
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Explanatory Note
This class includes mainly products intended to be added as furnishings to previously constructed floors and walls.
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Includes, in particular:
- fishing tackle;
- equipment for various sports and games.
Does not include, in particular:
- Christmas tree candles (Cl. 04);
- diving equipment (Cl. 09);
- amusement apparatus adapted for use with television receivers only (Cl. 09);
- electrical lamps (garlands) for Christmas trees (Cl. 11);
- playing cards (Cl. 16);
- fishing nets (Cl. 22);
- clothing for gymnastics and sports (Cl. 25);
- confectionery and chocolate decorations for Christmas trees (Cl. 30).
Explanatory Note
This class includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation.
Includes, in particular:
- milk beverages (milk predominating).
Does not include, in particular:
- certain foodstuffs of plant origin (consult the Alphabetical List of Goods);
- baby food (Cl. 05);
- dietetic substances adapted for medical use (Cl. 05);
- salad dressings (Cl. 30);
- fertilized eggs for hatching (Cl. 31);
- foodstuffs for animals (Cl. 31);
- living animals (Cl. 31).
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Explanatory Note
This class includes mainly foodstuffs of plant origin prepared for consumption or conservation as well as auxiliaries intended for the improvement of the flavour of food.
Includes, in particular:
- beverages with coffee, cocoa or chocolate base;
- cereals prepared for human consumption (for example: oat flakes and those made of other cereals).
Does not include, in particular:
- certain foodstuffs of plant origin (consult the Alphabetical List of Goods);
- salt for preserving other than for foodstuffs (Cl. 01);
- medicinal teas and dietetic substances adapted for medical use (Cl. 05);
- baby food (Cl. 05);
- raw cereals (Cl. 31);
- foodstuffs for animals (Cl. 31).
Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Explanatory Note
This class includes mainly land products not having been subjected to any form of preparation for consumption, living animals and plants as well as foodstuffs for animals.
Includes, in particular:
- raw woods;
- raw cereals;
- fertilized eggs for hatching;
- mollusca and crustacea (live).
Does not include, in particular:
- cultures of micro-organisms and leeches for medical purposes (Cl. 05);
- semi-worked woods (Cl. 19);
- artificial fishing bait (Cl. 28);
- rice (Cl. 30);
- tobacco (Cl. 34).
Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Explanatory Note
This class includes mainly nonalcoholic beverages, as well as beer.
Includes, in particular:
- de-alcoholized drinks.
Does not include, in particular:
- beverages for medical purposes (Cl. 05);
- milk beverages (milk predominating) (Cl. 29);
- beverages with coffee, cocoa or chocolate base (Cl. 30).
Alcoholic beverages (except beers).
Does not include, in particular:
- medicinal drinks (Cl. 05);
- de-alcoholized drinks (Cl. 32).
Tobacco; smokers' articles; matches.
Includes, in particular:
- tobacco substitutes (not for medical purposes).
Does not include, in particular:
- cigarettes without tobacco, for medical purposes (Cl. 05);
- certain smokers' articles in precious metal (Cl. 14) (consult the Alphabetical List of Goods).
Services
Advertising; business management; business administration; office functions.
Explanatory Note
This class includes mainly services rendered by persons or organizations principally with the object of:
- help in the working or management of a commercial undertaking, or
- help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.
Includes, in particular:
- services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the exploitation or compilation of mathematical or statistical data;
- services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods.
Does not include, in particular:
- activity of an enterprise the primary function of which is the sale of goods, i.e., of a so-called commercial enterprise;
- services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services);
- professional consultations and the drawing up of plans not connected with the conduct of business (Cl. 42).
Insurance; financial affairs; monetary affairs; real estate affairs.
Explanatory Note
This class includes mainly services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.
Includes, in particular:
- services relating to financial or monetary affairs comprise the following:
- • services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services;
- • services of "investment trusts," of holding companies;
- • services of brokers dealing in shares and property;
- • services connected with monetary affairs vouched for by trustees;
- • services rendered in connection with the issue of travelers' checks and letters of credit;
- • services of realty administrators of buildings, i.e., services of letting or valuation, or financing;
- • services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.
Does not include, in particular:
- unprocessed artificial resins (CL 01);
- laundry bluing (CL 03);
- cosmetic dyes (CL 03);
- mordants for seed (CL 05);
- paint boxes (articles for use in school) (CL 16);
- insulating paints and varnishes (CL 17).
Building construction; repair; installation services.
Explanatory Note
This class includes mainly services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties.
Includes, in particular:
- services relating to the construction of buildings, roads, bridges, dams or transmission lines and services of undertakings specializing in the field of construction such as those of painters, plumbers, heating installers or roofers;
- services auxiliary to construction services like inspections of construction plans; services of shipbuilding;
- services consisting of hiring of tools or building materials;
- repair services, i.e., services which undertake to put any object into good condition after wear, damage, deterioration or partial destruction (restoration of an existing building or another object that has become imperfect and is to be restored to its original condition);
- various repair services such as those in the fields of electricity, furniture, instruments, tools, etc.;
- services of maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this class and Class 40 see the Explanatory Note of Class 40).
Does not include, in particular:
- services consisting of storage of goods such as clothes or vehicles (Cl. 39);
- services connected with dyeing of cloth or clothes (Cl. 40).
Explanatory Note
This class includes mainly services allowing at least one person to communicate with another by a sensory means. Such services include those which:
- allow a person to talk to another,
- transmit messages from one person to another, and
- place a person in oral or visual communication with another (radio and television).
Includes, in particular:
- services which consist essentially of the diffusion of radio or television programs.
Does not include, in particular:
- radio advertising services (Cl. 35).
Transport; packaging and storage of goods; travel arrangement.
Explanatory Note
This class includes mainly services rendered in transporting people or goods from one place to another (by rail, road, water, air or pipeline) and services necessarily connected with such transport, as well as services relating to the storing of goods in a warehouse or other building for their preservation or guarding.
Includes, in particular:
- services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter;
- services connected with the hiring of transport vehicles;
- services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes;
- services connected with the functioning of airports;
- services connected with the packaging and parceling of goods before dispatch;
- services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport;
- services relating to the inspection of vehicles or goods before transport.
Does not include, in particular:
- services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35);
- services relating to the issuing of travelers' checks or letters of credit by brokers or travel agents (Cl. 36);
- services relating to insurance (commercial, fire or life) during the transport of persons or goods (Cl. 36);
- services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37);
- services relating to reservation of rooms in a hotel by travel agents or brokers (Cl. 42).
Treatment of materials.
Explanatory Note
This class includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances.
For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.
Includes, in particular:
- services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);
- services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating.
Does not include, in particular:
- repair services (Cl. 37).
Education; providing of training; entertainment; sporting and cultural activities.
Explanatory Note
This class contains mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.
Includes, in particular:
- services consisting of all forms of education of persons or training of animals;
- services having the basic aim of the entertainment, amusement or
- recreation of people.
Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services.
Explanatory Note
Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer specialists, lawyers, etc.
Includes, in particular:
- the services of engineers who undertake evaluations, estimates, research and reports in the scientific and technological fields
- scientific research services for medical purposes
Does not include, in particular:
- business research and evaluations (Cl. 35);
- word processing and computer file management services (Cl. 35);
- financial and fiscal evaluations (Cl. 36);
- mining and oil extraction (Cl. 37);
- computer (hardware) installation and repair services (Cl. 37);
- services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44);
- medical treatment services (Cl. 44);
- garden design (Cl. 44).
Services for providing food and drink; temporary accommodations.
Explanatory Note
Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodations.
Includes, in particular:
- reservation services for travellers' accommodations, particularly through travel agencies or brokers;
- boarding for animals.
Does not include, in particular:
- rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36);
- arranging travel by tourist agencies (Cl. 39);
- preservation services for food and drink (Cl. 40);
- discotheque services (Cl. 41);
- boarding schools (Cl. 41);
- rest and convalescent homes (Cl. 44).
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Explanatory Note
Class 44 includes mainly medical care, hygienic and beauty care given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture and forestry.
Includes, in particular:
- medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples);
- artificial insemination services;
- pharmacy advice;
- animal breeding;
- services relating to the growing of plants such as gardening;
- services relating to floral art such as floral compositions as well as garden design.
Does not include, in particular:
- vermin extermination (other than for agriculture, horticulture and forestry) (Cl. 37);
- installation and repair services for irrigation systems (Cl. 37);
- ambulance transport (Cl. 39);
- animal slaughtering services and taxidermy (Cl. 40);
- timber felling and processing (Cl. 40);
- animal training services (Cl. 41);
- health clubs for physical exercise (Cl. 41);
- scientific research services for medical purposes (Cl. 42);
- boarding for animals (Cl. 43);
- retirement homes (Cl. 43).
Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
Includes, in particular:
- investigation and surveillance services relating to the safety of persons and entities;
- services provided to individuals in relation with social events, such as social escort services, matrimonial agencies, funeral services.
Does not include, in particular:
- professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35);
- services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
- escorting of travellers (Cl. 39);
- security transport (Cl. 39);
- services consisting of all forms of education of persons (Cl. 41);
- performances of singers and dancers (Cl. 41);
- legal services (Cl. 42);
- services provided by others to give medical, hygienic or beauty care for human beings or animals (cl. 44);
- certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services).
Other
The Trademark Electronic Application System, at http://www.uspto.gov/teas/index.html, allows you to fill out an application form online, check it for completeness, and file it over the Internet, paying by credit card or through an existing USPTO deposit account. TEAS can also be used to file a response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059.
There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. For information about proceedings before the Trademark Trial and Appeal Board, click on TBMP.
The following publications are available:
Basic Facts About Trademarks, can be accessed and downloaded free of charge from http://www.uspto.gov.
Trademark Manual of Examining Procedure (TMEP), can be accessed and downloaded free of charge from http://www.uspto.gov, and is also available on a subscription basis from: Superintendent of Documents, U.S. Government Printing Office, Box 371954, Pittsburgh, PA 15250-7954 ((202) 512-2250), http://bookstore.gpo.gov/.
Trademark Trial and Appeal Board Manual of Procedure (TBMP) can be accessed and downloaded free of charge from http://www.uspto.gov.
Official Gazette of the U.S. Patent and Trademark Office, can be accessed and downloaded free of charge from http://www.uspto.gov. It is also available on a subscription basis from Superintendent of Documents, U.S. Government Printing Office, Box 371954, Pittsburgh, PA 15250-7954 ((202) 512-2250), http://bookstore.gpo.gov/.
Trademark Acceptable Identification of Goods and Services Manual can be accessed and downloaded free of charge from http://tess2.uspto.gov
Design Search Code Manual can be accessed and downloaded free of charge from http://www.uspto.gov.
A Patent and Trademark Depository Library (PTDL) is a library which is designated by the U.S. Patent and Trademark Office (USPTO) to receive and house copies of US patents and patent and trademark materials, to make them available to the public, and to disseminate both patent and trademark information. To be designated, a library must meet specific requirements and promise to fulfill certain obligations.
Patents and trademarks (word marks only) may be searched at the PTDLs. Please note that the Patent and Trademark Depository Librarians cannot give any legal advice nor can they perform the searches for you. They will, however, provide you with the information you need to get started.
For more information about the Patent and Trademark Depository Library Program, click on PTDL.
It is not necessary to register to practice before the Patent and Trademark Office (PTO) in trademark matters. Any attorney admitted in a U.S. state or territory can practice before the trademark side of the PTO. Non-lawyers can practice only in the limited circumstances set forth in Rule 10.14(b).
For information about registering to practice in patent cases before the PTO, click on Patent Practice.
It depends on how it is used. 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 and distinguish the service of providing live performances, or as a trademark for a series of musical recordings.
This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant.
Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee. Specific inquiries should be referred to the Assignment Division (703-308-9723). [NOTE: Certain exceptions exist concerning the assignment of Intent-to-Use applications.] For the guidelines for filing an assignment and the assignment form itself.
Perhaps. Because this depends on state law, the U.S. Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties.
File electronically through the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html, whenever possible. TEAS can be used to file an application for registration of a mark, response to examining attorney's Office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C. 1058, affidavit of incontestability under 15 U.S.C. 1065, combined affidavit under 15 U.S.C. 1058 and 1065, or combined filing under 15 U.S.C. 1058 and 1059. When a document is filed electronically, the USPTO receives it within seconds after filing, and immediately issues a confirmation of filing via e-mail that includes the date of receipt and a summary of the submission. This confirmation is evidence of filing should any question arise as to the filing date of the document. Also, documents filed electronically are processed faster than paper documents. The data provided by the applicant is entered directly into the Office's databases, so data entry errors are unlikely. When documents are filed electronically, it is very unlikely that they will be lost or misplaced within the Office.
Carefully review all documents before filing to make sure all issues have been addressed and all the necessary elements are included.
Do not file large or "bulky" specimens. Rather, submit a picture of the mark on the specimen. Bulky specimens are specimens that are larger than 8 1/2" by 11" and which do not lie flat. The USPTO encourages applicants to send photographs of the goods, as long as the mark is clear from the photograph. If filing electronically, the specimen should be submitted as a digitized image in .jpg format.
Place the serial number or registration number (once known) on each paper or exhibit filed, including any required checks. If, for some reason neither number is available, please put some other identifying information on the correspondence (e.g., mark, name of applicant, filing date).
Promptly inform the USPTO of any change in correspondence address. This can be done through TEAS at http://eteas.uspto.gov/V2.0/ca200/WIZARD.htm.
Use the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov to check on the status of any application. You should check the status of your application every six months.
