- Basic Facts About Trademarks – View the basic information about trademarks.
- International Trademark Classes and Services – Summary and examples of goods and services classified into International classes.
- USPTO's Trademark Electronic Application System (TEAS) – Submit your trademark application online directly to USPTO.
- USPTO's Trademark Electronic Search System (TESS) – Search the database for existing trademarks.
- International Trademark Association – Find out the latest news in the trademark community.
- ICANN – Internet Corporation for Assigned Names and Numbers.
- U.S. Code Collection – Summary of Commerce and Trade Laws.
How to Submit a Trademark Application in 3 Easy Steps
STEP 1: Visit the Trademark Electronic Application System (TEAS) Form Online
- Visit http://teas.uspto.gov/forms/sup
- Or you can visit the main USPTO website at www.uspto.gov.
- Click on "Trademarks" to open a drop-down menu
- Select TEAS
- "Initial Application Form"
- "Trademark/Servicemark Application, Principal Register"
STEP 2: Fill Out the Form
- Enter in the required fields indicated with red asterisks
- Click on the field names to view detailed descriptions
- Fill out as many of the optional fields as you can
- You will be notified by an error box on the top of you screen if you do not fill out a required field
STEP 3: Submit Form and Monitor Status
- Check the status of your trademark using your trademark serial number at http://tarr.uspto.gov
9 Types of Trademarks
- Alphanumeric Marks
- Domain Names
- Color Marks
- Fragrance Marks
- Sound Marks
- Ingredient Brand Marks
- Design / Logo Marks
- Trade Dress
8 Ways to Pass the Confusion Infringement Test
- Demonstrate good faith in adopting the mark
- Establish that goods or services are not sold to the same consumer
- Show that the goods or services aren't sold “side-by-side”
- Establish that the goods or services are not sold in the same store or catalog
- Demonstrate that you will not advertise your mark in the same proximity
- Create a distinctive spelling, sound or fragrance to differentiate the mark
- Establish that the level of sophistication of the buyers are inherently different
- Use market research to prove there is not likelihood of confusion
7 Ways to Determine if a Mark Is Too Famous to Fool With
- The degree of distinctiveness of the mark
- The duration and extent of use of the mark
- The duration and extent of advertising and publicity of the mark
- The geographical extent of the trading area in which the mark is used
- The channels of trade for the goods or services with which to mark is used
- The degree of recognition of the mark in the trading areas and channels of trade used by the mark's owner and the person against whom the injunction is sought
- Whether the trademark is registered
6 Places to Search for Existing Trademarks
5 Types of Marks You Cannot Register
- A living person's name
- Marks that are likely to cause confusion with currently registered marks
- Marks that are deceptively misdescriptive
- Marks that appear to create a false sponsorship
- Marks that are merely descriptive or geographic
4 Ways to Protect a Descriptive Mark
- Be the first to continually use it
- Use it everywhere
- Spend a lot of money on advertising
- Spend a lot of time defending it
3 Ways to Create a Distinctive Mark
- Make it arbitrary (Apple)
- Coin it (Verizon)
- Create a suggestion or metaphor (Greyhound)
2 Ways to Invalidate an Incontestable Trademark
- The registration may be cancelled if it or the incontestable right was obtained fraudulently
- The registration may be cancelled if the mark has been abandoned by the registrant
1 Way to Define a Trademark
- A trademark is a word, name, symbol, device, or any combination thereof, which is used to distinguish the goods of one person from the goods manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown.