e-TEAS TUTORIAL

TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS)

Welcome to United States Patent and Trademark Office (USPTO)

TEAS TUTORIAL

Tutorial on TEAS

TO USE TEAS SUCCESSFULLY, PLEASE FOLLOW THESE STEPS:

STEP 1: Determine (1) what mark you want to register, and the form thereof (i.e., either words only or stylized wording and/or design; and (2) the goods to which the mark is (or will be) applied, or the services in connection with which the mark is (or will be) used. For assistance with the goods and/or services, check the USPTO Goods/Services Manual.

NOTE: The filing fee for the initial trademark/servicemark is $325 per class of goods or services listed, and at least $325 must accompany the application in order for a filing date to be assigned.

STEP 2: Use the use the Trademark Electronic Search System (TESS) to search the USPTO database, to determine whether a confusingly similar mark is already registered, or whether a pending application for a confusingly similar mark has been filed, for related goods and/or services.

WARNING: After searching the USPTO database, even if you think the results are "O.K.," do not assume that your mark can be registered at the USPTO. After you file an application, the USPTO must do its own search and other review, and might refuse to register your mark. For a complete list of possible substantive grounds of refusal and a detailed explanation of each, see Chapter 1200, Trademark Manual of Examining Procedure (TMEP). The USPTO cannot provide preliminary legal advice as to whether we will register a particular mark; filing an application is the only way to obtain a decision on whether the USPTO will refuse or grant registration.

STEP 3: Based on your search results from TESS (STEP 2), check the status of any potentially conflicting application or registration through the Trademark Application and Registration Retrieval (TARR) system.

STEP 4: In light of all of the information above, re-assess whether it makes sense to seek registration. Please be aware that once you file your application, we do not cancel the filing or refund the fee, unless the application fails to satisfy minimum filing requirements. The fee is a processing fee, which the USPTO does not refund, even if no registration ultimately issues after the substantive review by the examining attorney.

STEP 5: If the mark you wish to register consists of stylized wording or a design, then first create a JPG image file (the only accepted format) of the mark, and save onto your local drive. TEAS cannot be used for filing a stylized or design mark if no JPG image file exists. Similarly, if you will be filing the application based on actual use in commerce (i.e., you have already sold goods or rendered services under this specific mark), create a JPG image file of the “specimen” of use, i.e., either scan or digitally photograph a sample of how the mark actually appears; e.g., a tag or label for goods or an advertisement for services. (However, because submission of a specimen is not required at the time of filing, lack of an image file for the specimen will not preclude filing an initial application through TEAS).

NOTE: You do not have to create a special electronic file for a “word only” (i.e., not stylized or design) mark, or for an “intent-to-use” application (i.e., where you have not yet sold goods or rendered services under this specific mark, but you have a bona fide intention to use the mark at some point in the future.

STEP 6: Access the front page of the TEAS site. As necessary, click on the link(s) to the Frequently Asked Questions about Trademarks

STEP 7: Click on the designated link to access the list of available TEAS forms.

NOTE: The following steps presume that the TEAS option, for filing directly over the Internet, was selected, and that the filing will be for an initial, basic trademark and/or servicemark application. However, most steps are similar for completing the other types of forms.

STEP 8: Click on the link for "Apply for a New Mark", and then select "Trademark/Servicemark Application, Principal Register."

STEP 9: Answer the series of YES and NO questions on the first page of the Form Wizard. When finished, click on the NEXT button at the bottom of the page, to pull up a form tailored to the specific requirements for this particular filing.

NOTE: To receive HELP at any point in the application process, simply click on any of the field names the appropriate HELP section will then be displayed at the bottom of your screen.

STEP 10: Enter information in the appropriate fields in the form. You must enter information in all of the fields containing a red asterisk, as these fields are considered mandatory to receive an application filing date. However, you are encouraged to enter all available information at this time, since failure to do so, although not preventing filing, may delay approval of the application and require later submission of the information to the assigned examining attorney.

STEP 11: If you are the proper signatory of the application, you will "sign" the completed application by entering any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol. Acceptable "signatures" could include: /john doe/; /jd/; or /123-4567/. No "pre-approval" from the USPTO of the "electronic signature" is required, nor must the "electronic signature" even be consistent from one filing to the next.

If you are not the proper signatory, proceed to the Validate Form function, at STEP 12. The application may still be verified to check for missing information or errors even if the signature and date signed fields are left blank. STEP 19 will permit you, if appropriate, to send the application to another party for signature.

NOTE: If you indicated through the Form Wizard that someone else would be signing the application, either through the "e-mailed Text Form" method or through the attachment of an image file of a handwritten pen-and-ink signature, you will not be following the steps outlined at STEP 19. Instead, follow the directions within the special form that pulls up as a result of the information provided within the Form Wizard.

STEP 12: Upon completing the application, click on the "Validate Form" button at the end of the form. If you did not enter information for a mandatory field, an "error" screen will pop up. You must then re-access the initial form to enter the required information. You can continue the application process only by eliminating all error messages. Clicking the "Reset Form" button will totally clear all entries in the form.

For fields that are not considered mandatory, but for which an entry should be made, a "warning" screen will pop up. If an entry was not made simply due to oversight, you can again re-access the form to enter information by clicking on "Go Back." However, you can by-pass a "warning" and continue the application submission process by clicking on the "Continue" button, if the piece of information is not known at this time and it is more critical to receive a filing date than to wait for that data.

NOTE: The validation function in no way checks the content of the entry for accuracy or completeness; rather, the system only confirms that at least one "character" has been entered in each of the mandatory fields. The Pre-Examination section, and then later, the examining attorney, will determine the sufficiency and correctness of the entries.

STEP 13: Before submitting the application, double-check your work by clicking on the icons within the Validation Page (to view the application data in various formats):

Input: this presents the data in a simple "table" format (i.e., field name on the left, data on the right, with no "boilerplate" text).

Mark: the mark will appear in the middle of the page, either in the standard character format or as the image previously attached. You should print out this page to ensure that the resulting image is correct, i.e., the entire mark is visible, in clear black-and-white (no gray tones), and not greater than 4x4 inches. (Because of different monitor settings, it is not always possible to determine this simply by viewing the image on-line. We are concerned only with how the image actually "prints out"). If you determine that the image is not acceptable, then you must create a new image file, re-attach the file within the form, and repeat the steps outlined above.
Specimen: (only appears for a use-based application): the specimen image should be viewable. You should print out this page to ensure that the entire specimen has been captured. (Because of different monitor settings, it is not always possible to determine this simply by viewing the image on-line. We are concerned only with how the image actually "prints out"). If you determine that the image is not acceptable, then you must create a new image file, re-attach the file within the form, and repeat the steps outlined above.

NOTE: Portable forms do not save image attachments; therefore, you must re-attach the drawing and/or specimen image file to the application before final submission to the USPTO.

XML File: this shows all of the data as associated with tagged data fields, which permits the USPTO to upload the information directly into our databases and avoid manual data entry errors.
Textform: this presents the application data in a narrative, paragraph-type format.

STEP 14: Print the information accessed from any of these icons for your records simply by using the print function within the standard browser.

STEP 15: If any of the information being viewed is incorrect, you should close the page, to return to the main Validation Page. Then, click on the "Go Back to Modify" button at the bottom of the Validation Page, to return to the original application form. You can then correct any errors. Because a change has been made to the form, you must re-validate the application, again using the Validate Form button. At this point, you may resume the process at the Validation Page.

STEP 16: Enter the address(es) to which the USPTO should email the acknowledgment; e.g., a personal email address and/or a "docketing" email address specifically established to track application filings. (The USPTO does not mail paper filing receipts for electronically submitted applications).

STEP 17: Re-enter the email address(es), to ensure delivery of the acknowledgment. (An inconsistent entry will result in a pop-up box asking for another entry of the address).

STEP 18: Read and check the box within the "Important Notice" section at the bottom of the Validation Page. This confirms an understanding that once an application is filed, we will not cancel the filing or refund the fee, unless the application fails to satisfy minimum filing requirements. The fee is a processing fee, which we do not refund even if we cannot issue a registration after our substantive review.

STEP 19: To save the electronic file to a local drive (either to pull up to continue work at a later time, or to forward to another party, either for review or signature), click on the "Download Portable Form" button at the bottom of the Validation Page.

NOTE: Each time you view the Portable Form, you must re-validate and save the form prior to forwarding. The JPG image files do not save with the portable form, and must always be re-attached prior to final submission to the USPTO.

STEP 20: Clicking on the PAY/SUBMIT button will bring up a screen to enter the appropriate payment information. After properly entering the information, submission can be completed to the USPTO. Shortly after successful transmission, a screen comes up that says "SUCCESS! We have received your application and assigned serial number ________." Again, within 24 hours, an email acknowledgment, containing both the assigned serial number and a complete summary of all data (but for any images), will also be sent to the email address provided at STEP 16. For your records, print out copies of the SUCCESS screen and the email acknowledgment.

STEP 21: If after successful filing an error is discovered, follow the steps outlined in the email acknowledgment for submission of a "preliminary amendment."

STEP 22: Follow the status of the prosecution of the application through the Trademark Application and Registration Retrieval (TARR) system; however, do NOT attempt to check status until at least 15 days after submission, to allow sufficient time for our databases to be updated.

This completes the TEAS process. For general trademark information, please telephone the Trademark Assistance Center, at 1-800-786-9199, or e-mail your question to TrademarkAssistanceCenter@uspto.gov. If you need help in resolving glitches or need answers to technical questions, you can e-mail us at TEAS@uspto.gov. Please include your telephone number, so we can talk to you directly, if necessary.

THANK YOU FOR YOUR INTEREST IN (AND, WE HOPE, SUCCESSFUL USE OF) TEAS. Please send any suggestions for improvement or enhancement of the system to TEAS@uspto.gov.