- Tutorial Contents
- Introduction - Basics, Filing Basis,
- USPTO Examination - Requirements, Refusals, Certificate of Registration
- Application Forms - Using TEAS, Identification of Goods & Services
- Making a Trademark Drawing
TEAS Built In Search
As part of the online application, TEAS will ask you to search for your the specific goods and services using keywords. They do make it easy and quick for you to do so online, however, you should give this matter some thought. A mark can only be registered for specific goods and services. The goods and services listed will establish the scope of the applicant's rights in the relevant mark. TEAS will automatically assign you an international class code for each good or service listed by you.The goods and services listed must the actual "goods in trade" or the actual services you are doing or intend to do.
Keywords
When you search use keywords that would be readily understandable to the general public. For example, "candy," "word processors," "baseballs and baseball bats," "travel magazines," "dry cleaning services" or "restaurant services" the keywords should clearly and concisely list each such item.If you use indefinite terms, such as "accessories," "components," "devices," "equipment," "food," "materials," "parts," "systems," "products," or the like, then those words must be followed by a common commercial name(s). For example "dairy products" rather than "products".
Identifying Every Good or Service
You must be very careful when identifying every good or service. You can list more than one per mark. Because the filing of an application establishes certain presumptions of rights as of the filing date, the application may not be amended later to add any products or services not within the scope of the identification.For example, the identification of "clothing" could be amended to "shirts and jackets," which narrows the scope, but could not be amended to "retail clothing store services," which would change the scope. Similarly, "physical therapy services" could not be changed to "medical services" because this would broaden the scope of the identification. Also, if the identification includes a trade channel limitation, deleting that limitation would broaden the scope of the identification.
You must list the specific goods/services for which registration is sought, regardless of the basis for the application.
If based on use in commerce, you must already be using the mark in commerce on or in connection with all the goods and/or services listed.
If based on intent to use and/or a foreign application or registration, you must have a bona fide intention to use the mark in commerce on or in connection with all the listed goods and/or services.
You must pick at least one good or service to receive at least one class and one basis for filing. For a listing of acceptable wording for goods and services, see the USPTO’s Acceptable Identification of Goods and Services.
Can I change the goods and/or services after filing my application?
You can clarify or limit the goods and/or services. However, you may not expand or broaden the identification of goods and/or services after filing the application.NOTE: If the identification does not identify any recognizable goods or services, the application will be denied a filing date.
