A TEAS Plus application must request registration of a trademark or service mark on the Principal Register, and must include a valid email address for the applicant (see TMEP §803.05(b)) and the following at the time of filing:
As long as the applicant has made a reasonable attempt to supply the required information in the initial application, the applicant has met the TEAS Plus filing requirements, even if the information is later amended. See TMEP §819.01(a)–(q) for further guidance as to when the additional processing fee will be required in particular situations related to the TEAS Plus application requirements.
If an applicant files a TEAS Plus application but does not meet these requirements, the examining attorney must issue an Office action requiring the applicant to pay the additional processing fee. See 37 C.F.R. §2.22(c). If a required field in the TEAS Plus application form is filled with irrelevant or clearly inappropriate information, the required element will be considered omitted (e.g., if the notation "???" is entered as the translation in a mark that includes foreign wording).
When TEAS Plus application filing requirements are not met, the application will be examined as a TEAS Standard application and will retain its original filing date. The examining attorney must perform the proper transaction to change the application status in the USPTO’s automated systems.
A TEAS Plus application is available only to applicants seeking registration of a trademark or service mark on the Principal Register under §1 and/or §44 of the Trademark Act. Applications for certification marks, collective marks, and collective membership marks and applications for registration on the Supplemental Register cannot be filed as TEAS Plus applications. 37 C.F.R. §2.22(d).
An additional processing fee will be required if the mark in a TEAS Plus application is amended to a collective, collective membership, or certification mark. See 37 C.F.R. §2.22(c)-(d).
No additional fee will be required if the application is amended from the Principal to the Supplemental Register.
TEAS Plus does not apply to applications filed under §66(a) of the Act, 15 U.S.C. §1141f(a), because they cannot be filed through TEAS. See 37 C.F.R. §2.22(a).
The application must include the applicant’s name and domicile address. 37 C.F.R. §2.22(a)(1). See TMEP §601.01 and §803.05(a) for information on what constitutes an applicant’s domicile address. An additional processing fee will be required if this information is omitted. 37 C.F.R. §2.22(c).
If the application includes this information, no additional fee will be required if the application is amended to clarify the information or to correct an inadvertent error. For example, if applicant’s domicile address is incorrectly identified as a post-office box or "care of" address, the processing fee will not be required to amend the application to clarify or correct the domicile address.
The application must include the applicant’s legal entity. 37 C.F.R. §2.22(a)(2); see TMEP §803.03. The application must also set forth the citizenship of an individual applicant, or the state or country of incorporation or organization of each juristic applicant. 37 C.F.R. §2.22(a)(3); see TMEP §803.04. The additional fee will be required if this information is omitted. 37 C.F.R. §2.22(c).
If the application includes this information, no additional fee will be required if the application is amended to clarify the information or correct an inadvertent error.
Trademark Rule 2.22(a)(4) requires that where the applicant is a domestic partnership, the application must include the names and citizenship of the applicant’s general partners. TMEP §803.03(b). In addition, the rule requires for a domestic joint venture the application include the names and citizenship of the applicant’s active members. Id. Similarly, Rule 2.22(a)(5) requires for a sole proprietorship the application include the name and citizenship of the applicant’s sole proprietor. TMEP §803.03(a).
If the applicant’s domicile is located outside the United States or its territories, the applicant must be represented before the USPTO by a qualified U.S. attorney. 37 C.F.R. §2.22(a)(20). See TMEP §601.01 and §803.05(a) for determining whether an applicant is domiciled outside the United States or its territories.
The TEAS Plus application form will require the attorney’s name, postal address, email address, and bar information in order for the application to validate. See TMEP §811.01 for additional information regarding the requirements for applicant’s attorney’s identification information. See TMEP §602.01(a) and §811.01 for submissions that include clearly invalid attorney identification information or the bar information appears valid on its face but is later determined to be invalid.
If the application includes this information, the applicant will not lose TEAS Plus status if the application is amended to clarify the information or to correct an inadvertent error.
The application must include the applicant's email address and the email address for the applicant’s qualified U.S. attorney, if one is appointed in the application. 37 C.F.R. §§2.21(a)(1), 2.22(b), 2.23(b). See TMEP §803.05(b) for more information about the email address that may be listed for the applicant.
No additional fee will be required if the email address is amended to correct an inadvertent error.
The application must include at least one basis for filing under §1 and/or §44 of the Act that meets the requirements of 37 C.F.R. §2.34. If more than one basis is set forth, the applicant must comply with the requirements of 37 C.F.R. §2.34 for each asserted basis. 37 C.F.R. §2.22(a)(6). If this application filing requirement is not met, the applicant will be required to pay an additional processing fee. 37 C.F.R §2.22(c).
In a multiple-basis application, if the applicant fails to comply with the requirements of 37 C.F.R. §2.34 for one of the bases claimed in the initial application, the applicant cannot avoid paying the additional processing fee by deleting the relevant basis.
The requirements for establishing a §1(a) basis are set forth in 37 C.F.R. §2.34(a)(1). See also TMEP §806.01(a).
Specimen(s). The application must include one specimen showing how the applicant uses the mark in commerce for each class of goods/services. 37 C.F.R. §§2.22(a)(6), 2.34(a)(1)(iv). An application must include an attachment in the "Specimen" field in order for the application to validate. As long as the specimen depicts the mark, no additional fee will be required if registration is refused because the specimen is unacceptable.
An additional processing fee will be required if the mark on the specimen is materially different from the mark on the drawing. See 37 C.F.R. §2.22(c). If the marks on the specimen and the drawing are materially different, the applicant has, in effect, failed to submit a specimen showing use of the mark sought to be registered. However, no additional fee will be required if the difference between the mark on the specimen and the mark on the drawing is not material.
Example: The mark on the drawing is ZZZ, and the mark on the specimen is ZEBRAMAX. Amending the drawing to match the specimen would materially alter the mark on the drawing, so the applicant, in effect, has failed to submit a specimen showing use of the mark on the drawing. As a result, the application does not meet the TEAS Plus application requirements and the examining attorney will require the additional processing fee.
Example: The mark on the drawing is ZEBRAMAXX, and the mark on the specimen is ZEBRAMAX. The mark on the drawing is not a substantially exact representation of the mark on the specimen, but the difference between the marks is not material, so the applicant may amend the drawing, or submit a substitute specimen showing use of the mark on the drawing, without paying an additional processing fee.
Verified Statement of Use in Commerce. The application must include a verified statement that the mark is in use in commerce on or in connection with the goods/services listed in the application. 37 C.F.R. §§2.22(a)(6), 2.34(a)(1)(i). The TEAS Plus application form will always include this statement when the applicant asserts a §1(a) basis. See TMEP §819.01(l) regarding verification.
Dates of Use. The application must include a date of first use of the mark anywhere and a date of first use of the mark in commerce for each class of goods/services. 37 C.F.R. §§2.22(a)(6), 2.34(a)(1)(ii)-(iii). When the applicant indicates that it is filing under §1(a), the TEAS Plus application form brings up free-text fields in which applicant must type the date of first use anywhere and date of first use in commerce. The TEAS Plus application will not validate unless these fields are completed in the appropriate format (MM/DD/YYYY). If the dates are later amended, the applicant will not be required to pay an additional processing fee.
A §1(b) application must include a verified statement that the applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services listed in the application. 37 C.F.R. §2.34(a)(2). The TEAS Plus application form will always include this statement when the applicant asserts a §1(b) basis. See TMEP §819.01(l) regarding verification.
The requirements for establishing a §44(e) basis are set forth in 37 C.F.R. §2.34(a)(3). See also TMEP §806.01(d). The application must include a digitized image of a copy, a certification, or a certified copy of a registration in the applicant’s country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. 37 C.F.R. §2.34(a)(3)(ii). If the foreign registration is not in the English language, the applicant must submit a translation. Id.
The following are examples of situations where an additional fee will be required:
Example: The mark on the drawing is HI-TECH, and the mark on the foreign registration is HI-TECH! The mark on the drawing is unacceptable because it is not a substantially exact representation of the mark on the foreign registration, but the difference between the marks is not material, so the applicant may amend the drawing to match the foreign registration without paying the additional processing fee.
Example: The mark on the drawing is HI-TECH, and the mark on the foreign registration is TECHNIQUES. Amending the drawing to match the foreign registration would materially alter the mark on the drawing. In these circumstances, the application does not meet the TEAS Plus application filing requirements and the applicant must pay the additional processing fee.
Foreign Registration Due to Expire - No Fee Required. No additional fee will be required if the foreign registration will expire before the U.S. registration will issue, and the applicant does not submit evidence in the initial application that the foreign registration will be in effect when the U.S. registration issues. Prior to registration, however, the applicant will be required to submit a digitized image of a copy, a certification, or a certified copy from the country of origin to establish that the foreign registration has been renewed. See 37 C.F.R. §2.34(a)(3)(iii).
Bona Fide Intention to Use the Mark in Commerce. The application must include a verified statement that the applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services listed in the application. 37 C.F.R. §2.34(a)(3)(i). The TEAS Plus application form will always include this statement when the applicant asserts a §44(e) basis. See TMEP §819.01(l) regarding verification.
The requirements for establishing a filing basis under §44(d) are set forth in 37 C.F.R. §2.34(a)(4). See also TMEP §806.01(c).
Claim of Priority Filed Within Six Months of Foreign Filing. An additional processing fee will be required if the claim of priority is not filed within six months of the filing date of the foreign application. 37 C.F.R. §2.22(c). The applicant can submit the priority claim after the filing date of the U.S. application, as long as the priority claim is filed within six months after the foreign filing. 37 C.F.R. §§2.22(a)(6), 2.34(a)(4)(i).
First Filed Application. The applicant must: (a) specify the filing date and country of the first regularly filed foreign application; or (b) state that the application is based upon a subsequent regularly filed application in the same foreign country, and that any prior-filed application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority. 37 C.F.R. §2.22(a)(6), 2.34(a)(4)(i). An additional processing fee will be required if applicant does not meet this requirement. 37 C.F.R. §2.22(c).
Goods/Services Exceed Scope of Foreign Registration. An additional processing fee will be required if the examining attorney determines that the goods/services for which registration is sought under §44 in the U.S. application exceed the scope of those in the foreign application or registration. 37 C.F.R. §2.22(a)(7), (c).
Serial Number of Foreign Application Omitted - No Fee Required. No additional processing fee is required if a §44(d) filing basis is asserted and the applicant fails to specify the serial number of the foreign application in the initial application, because some applicants will not yet know the serial number of the foreign application at the time of filing in the United States. However, the serial number must be provided before the application can be approved for publication. 37 C.F.R. §2.34(a)(4)(i)(A).
Bona Fide Intention to Use the Mark in Commerce. The application must include a verified statement that the applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services listed in the application. 37 C.F.R. §§2.22(a)(6), 2.34(a)(4)(ii). The TEAS Plus application form will always include this statement when the applicant asserts a §44(d) basis. See TMEP §819.01(l) regarding verification.
USPTO ID Manual. The application must include correctly classified goods and/or services, with an identification of goods/services taken directly from the USPTO ID Manual, available through the TEAS Plus application form. 37 C.F.R. §2.22(a)(7). The TEAS Plus application form will automatically provide the correct class for goods/services selected from the USPTO ID Manual, and it will not permit the applicant to edit the "Classification" field.
To enter an identification of goods/services, the TEAS Plus application form will instruct the applicant to enter search terms appropriate for the desired goods/services within the identified field on the TEAS Plus application form. TEAS will then retrieve relevant entries from the USPTO ID Manual, and the applicant must select one or more of the entries.
Amendment of Identification. No additional fee is required if the identification of goods/services is acceptable and correctly classified as filed, but is later amended, either in response to a requirement or on the applicant’s initiative. This is true even if the amendment is unacceptable.
Example: The goods are identified in the application as "pants" and "shirts," and the applicant files a voluntary amendment to "pants, shirts and dresses." The examining attorney will refuse the amended identification because "dresses" is beyond the scope of the original identification (37 C.F.R. §2.71(a) ), but no additional fee will be required.
Fill-in-the-Blank Element. Some USPTO ID Manual entries require the applicant to complete parenthetical information (e.g., "specify the function of the programs"). The display of such entries will include a free text field so the applicant can type the necessary information, following the instructions within the listing. If an applicant attempts to use such a listing without completing the required information, TEAS will generate an error message.
No additional fee is required if the identification of goods/services has a fill-in-the-blank element, and the applicant inserts information that is a reasonable attempt to supply the required information in accordance with the instructions, but requires amendment because the inserted information: (1) sets forth goods/services in another class (e.g., headwear, namely, football helmets (headwear that is clothing is in Class 25, helmets are in Class 9)); (2) is indefinite (e.g., maternity clothing, namely, sportswear); (3) includes indefinite wording from the parenthetical guidance provided for instructional purposes (e.g., "specify," "indicate," "etc." (see TMEP §1402.03(a)); or (4) is inaccurate (see TMEP §1402.05).
However, an additional fee is required if the applicant leaves the fill-in-the-blank element empty, inserts information that is clearly inappropriate for the selected identification, or inserts additional goods/services that are unrelated to the selected identification. For example, an additional fee is required if the goods/services in the original application are identified as follows:
In these situations, the applicant has, in effect, failed to submit an identification from the USPTO ID Manual. The additional fee is required even if the applicant deletes the unacceptable terminology.
Classification. Trademark Rule 2.22(a)(7) and (c) indicate that if the applicant classified the goods/services in the wrong class in the initial application, the applicant will fail to meet the requirements for a TEAS Plus application and will be required to pay the additional processing fee for all classes in the application. However, this is unlikely to occur, because the TEAS Plus application form will automatically provide the correct class for goods/services selected from the USPTO ID Manual in the TEAS Plus application form, and it will not permit the applicant to edit the "Classification" field. No additional fee is required if the identification is acceptable and correctly classified as filed, but is amended during examination to add or substitute another class (e.g., amendment from "headwear" in Class 25 to "protective helmets for sports" in Class 9; or amendment from "footwear" in Class 25 to "orthopedic footwear" in Class 10). See TMEP §819.03 regarding the addition of classes to a TEAS Plus application.
Section 44 - Goods/Services Exceed Scope of Foreign Registration. In a §44 application, an additional processing fee is required if the examining attorney determines that the goods/services for which registration is sought under §44 in the U.S. application exceed the scope of those in the foreign registration. 37 C.F.R. §2.22(a)(7), (c).
The application must include a filing fee for each class of goods/services, as required by 37 C.F.R. §2.6(a)(1)(iv). 37 C.F.R. §2.22(a)(9). TEAS will not accept transmission of a TEAS Plus application form that does not include a fee for each class.
See TMEP §819.03 regarding the fee for adding a class during examination.
The application must include a clear drawing of the mark comprising either: (1) a claim of standard characters and the mark is comprised only of characters in the USPTO's standard character set, typed in the appropriate field of the TEAS Plus application form; or (2) a digitized image of a mark in special form. 37 C.F.R. §2.22(a)(11)-(12). The TEAS Plus application form requires the applicant to indicate whether the mark is stylized or in standard characters, and will not accept the transmission unless the applicant selects one of these options. If the applicant claims standard characters, the TEAS Plus application form will not accept transmission unless something has been typed in the appropriate field. TEAS will generate a digitized image of the standard character mark and attach it to the TEAS Plus application.
A "clear drawing of the mark" is the same standard used in 37 C.F.R. §2.21(a)(3), which sets forth the requirements for receipt of an application filing date. Thus, if the TEAS Plus application does not include a clear drawing of the mark, the application will be denied a filing date, in accordance with standard procedures for processing informal applications (see TMEP §§202–202.03, 204–204.03). If the application meets the requirement for a clear drawing of the mark, the applicant will not be required to pay an additional processing fee if the examining attorney requires amendment of the drawing because it does not meet all the requirements of 37 C.F.R. §§2.51–2.53. See 37 C.F.R. §2.22(c).
Marks That Include Color. If the mark includes color, the drawing must show the mark in color, or the application will not meet the requirements for a TEAS Plus application. 37 C.F.R. §2.22(a)(11). The application must also include a color claim and a statement in the "Description of the Mark" field naming the color(s) and describing where they appear on the mark. 37 C.F.R. §§2.22(a)(13), 2.52(b)(1); see TMEP §819.01(j).
See TMEP §§807.03–807.03(i) for further information about standard character drawings, and §807.05(c) for the requirements for digitized images.
As noted above, if the mark includes color, the drawing must show the mark in color. 37 C.F.R. §2.22(a)(11). In addition, the application must include: (1) a claim that the color(s) is a feature of the mark; and (2) a statement in the "Description of the Mark" field naming the color(s) and describing where the color(s) appear on the mark. 37 C.F.R. §§2.22(a)(13), 2.52(b)(1). The TEAS Plus application form includes a checkbox in the "Color(s) Claimed" field to indicate whether the mark is in color. When the applicant checks this box, the applicant must name the colors claimed in the text field below the checkbox in the same "Color(s) Claimed" field. The applicant must then enter the color location statement in a separate "Description of the Mark" field.
As long as the initial application has a color drawing and applicant makes a reasonable attempt to identify the colors claimed in either the "Color(s) Claimed" field or the "Description of the Mark" field, no additional fee is required if the application is amended to clarify the information or to correct an inadvertent error. For example, if the list of colors claimed is incomplete, or if the mark description does not identify the location of the colors claimed, the applicant will not be required to pay an additional processing fee. See 37 C.F.R. §2.22(c). However, the additional processing fee is required if the applicant fails to identify any colors. See id.
See TMEP §§807.07(a)-(a)(ii) for further information about color claims.
If the mark is not in standard characters, the application must include a description of the mark. 37 C.F.R. §§2.22(a)(14), 2.37. The applicant must enter the description in the "Description of the Mark" field of the TEAS Plus application.
The TEAS Plus application will not validate if the application does not include either: (1) a standard character claim; or (2) a description of the mark. If the applicant makes a good-faith effort to describe the mark, no additional processing fee will be required if the description is later amended. See 37 C.F.R. §2.22(c). However, an additional processing fee will be required if the applicant enters completely inappropriate information in the "Description of the Mark" field. See id.
If the mark includes color, the "Description of the Mark" field must include a statement naming the color(s) and describing where the color(s) appear on the mark. See TMEP §819.01(j) regarding color claims.
See TMEP §§808–808.03(g) for further information about descriptions of the mark.
The application must include a verified statement that meets the requirements of 37 C.F.R. §2.33, dated and signed by a person properly authorized to sign on behalf of the applicant pursuant to §2.193(e)(1). 37 C.F.R. §2.22(a)(10). If the application includes a signed verification, no additional processing fee will be required if a substitute verification is later submitted. See 37 C.F.R. §2.22(c).
To provide a signature, the applicant has the option of: (1) entering any combination of letters, numbers, spaces, and/or punctuation marks that the filer has adopted as a signature, placed between two forward slash ("/") symbols in the TEAS Plus application form (37 C.F.R. §2.193(c))(1) ); (2) signing the verified statement in the traditional pen-and-ink manner, and attaching an image file of the signed document to the TEAS Plus application form; or (3) completing the application online and emailing it to the signatory for electronic signature and automatic return via TEAS to the party who requested the signature. See TMEP §611.01(c). If the applicant elects to attach a verified statement with a pen-and-ink signature, an additional processing fee (37 C.F.R. §2.22(c) ) will be required if the attachment:
If the mark includes non-English wording, the application must include an English translation of that wording. 37 C.F.R. §2.22(a)(15). If the mark includes non-Latin characters, the application must include a transliteration of those characters. 37 C.F.R. §2.22(a)(16). Note that the TEAS Plus application form does not prompt the applicant to enter a translation or transliteration, even if either or both would be required.
If a translation and/or transliteration is omitted, the examining attorney will issue an Office action requiring an additional processing fee. 37 C.F.R. §2.22(c). If the initial application includes a translation and/or transliteration, no additional fee will be required if the translation/transliteration is later amended. However, the additional fee will be required if the translation or transliteration comprises inappropriate material, such as the notation "???." See id.
If the application contains goods/services in more than one class, the application must meet the requirements of 37 C.F.R. §2.86. 37 C.F.R. §2.22(a)(8). That is, the application must include:
For more information regarding a multiple-class application, see TMEP §§1403-1403.05.
