-
TEAS Mailbox: The USPTO is officially closed on
weekends and all Federal Holidays, and any emails sent to
TEAS@uspto.gov will not be answered until the next
business day. For immediate help during these periods, please
call 1-800-786-9199. A reminder that the TEAS mailbox (TEAS@uspto.gov) is for help in
resolving glitches or answering technical questions. Please
include your telephone number, so we can talk to you directly,
if necessary. If you need general trademark information, please
telephone the Trademark Assistance Center, at 1-800-786-9199, or
e-mail your question to TrademarkAssistanceCenter@uspto.gov.
-
Procedure for Opening TEAS Forms: To use a TEAS form,
each and every time you should (1) double-click on the browser
icon on your desktop; (2) proceed to the TEAS site; and (3)
click on the link for the desired form. Although you can open
more than one form at a time through these steps, you should
process ONE form at a time, and close the browser
after completing the form. This will ensure a "unique" server
session for each TEAS form to be processed. If you already have
a TEAS form open on your desktop, never open another form
via your browser's "File New Window" option. Also, do not
open a new form through a link or bookmark while you have
another form open. Failure to follow the steps outlined above
may result in improper data displaying within the form.
Also, the TEAS forms work best when they are accessed
directly via a web browser. Do not attempt to access the
forms via a browser embedded in another program. For instance,
do not attempt to access the forms from within your Outlook or
Lotus Notes web browser feature. Accessing the forms in this
manner may disable some of the forms' features. You should
always open your browser (Internet Explorer, Netscape, Firefox,
Safari, etc.) directly and then use the TEAS forms.
- Using Blackberry with TEAS: A Blackberry can be used to sign a TEAS form (using the e-signature approach), with certain workaround steps. Do not click directly on the provided link (i.e., at, e.g., "To sign Trademark/Service Mark Application, Principal Register electronically, please CLICK HERE,"); otherwise, an error will result. Instead, you must copy the long link provided beneath the above (i.e., e.g. http://teasplus.uspto.gov/submit250/sign.service?id=USPTO/FTK-10.113.15.111-20061127131133710257-New/Application-3505915fa67226926f2524eea32b939ef5f ). Then, go to the web browser and paste in the entire link. By way of example, here are specific instructions presented to the USPTO by a Blackberry user: 1). Go into the T-zones web browser (browser provided by this user's service provider, i.e., T-mobile); 2). Click "Track wheel" and select "Paste;" 3). Click "Track wheel" again, and select "O.K.;" 4). This should result in the signature page being displayed, wherein the signature and date can be entered.
- Registration Subject to Cancellation for Fraudulent Statements: You must ensure that all statements made in filings to the USPTO are accurate, as any inaccuracies may result in the cancellation of a trademark registration. For example, the lack of a bona fide intention to use the mark with all goods and/or services listed in an application or the lack of actual use on all goods and/or services for which you claimed use in an application or post-registration filing could jeopardize the validity of the registration, resulting in its cancellation.
-
Eastern Time
Controls filing date: All forms filed via TEAS are stamped Eastern Time when received on the USPTO server. The time stamp is applied at the moment the payment process is completed and the Success screen is displayed. The time stamp applied by the TEAS server is the official time the USPTO received the application or form; the time the transmission was begun is not a factor considered when assigning the filing date. The official filing date and time can be found at the bottom of your e-mail confirmation. Any submission that arrives as of 11:59 p.m EST. will be given that day’s filing date (i.e., regardless of USPTO’s “normal” business hours).
-
Form Session Time Limit: The 60-minute period is not an “absolute” period; i.e., you do not have to complete the form, start to finish, within 60 minutes. If the USPTO’s server does not detect any activity at all within 60 minutes, it will end your session at the 60-minute point. HOWEVER, at 54 minutes into your session, you will receive a pop-up window warning you that your session will expire in six minutes (it will actually provide the precise “end” time within the window, such as 11:29:14 EST). To “renew” your session, you simply need to click on the “O.K.” button at the bottom of the pop-up window, and you will automatically get another 60 minute time period. If you do not click on the button within the remaining six minutes of the session, your session will completely end at the 60-minute mark, and you will be returned directly to the initial form wizard to start the process again.
-
Ensuring receipt
of all information: If you have installed Anti-Spam filters or
software on your email service, please ensure that legitimate
emails from TEAS@uspto.gov is not falsely
identified as spam or junk. Also, the USPTO forms use pop-up
windows to display critical information. To use this site
properly, you must disable any existing pop-up filters (through
either anti-virus software or a pop-up killer program).
-
Keeping Data When
"Backing Up" in Forms: If you "back up" on a TEAS form after
validation, e.g., to correct an error, and your form is now
completely blank, your system probably has a "cache" deficiency.
Augmenting your cache can enhance your computer system's
performance, and allow you to complete TEAS forms without losing
previously-entered data. To accomplish this, you should allocate
at least 5-10 megabytes (approximately 5,000-10,000 KB) of your
hard drive to the browser. If you have a small hard drive and
cannot allocate this amount, you should allocate about 5-10% of
your available hard drive capacity to your browser. Also, we
recommend that you periodically totally clear your cached files.
Augmenting your Cache: To increase your cache size,
follow the steps under the appropriate browser version: For
Navigator 4-7x: 1. Under the Edit menu, select
Preferences, double-click Advanced, and select Cache. 2.
Change the disk cache to between 5,000 and 10,000 KB. For
Internet Explorer 4: 1. Under the View menu, select
Internet Options and choose the General tab. 2. Under
Temporary Internet Files, click Settings. Under "Amount of disk
space to use," drag the slider all the way to the right and click
"ok." For Internet Explorer 5-6x: 1. Under the
Tools menu, select Internet Options and choose the General tab.
2. Under Temporary Internet Files, click Settings. Under
"Amount of disk space to use," drag the slider all the way to the
right and click "ok." Clearing your Cache: To clear
your cached files, follow the steps under the appropriate browser
version: For Navigator 4-7x: 1. Under the Edit
menu, select Preferences, double-click Advanced, and select Cache.
2. Click the Clear Memory Cache and Clear Disc Cache buttons.
For Internet Explorer 4: 1. Under the View menu,
select Options and choose the General tab. 2. In the Temporary
Internet Files dialog box, click Settings/Delete Files. For
Internet Explorer 5-6x: 1. Under the Tools menu, select
Internet Options and choose the General tab. 2. In the
Temporary Internet Files section, click Delete Cookies Delete
History files.
-
Electronic Filing Fee and Refund
Policy: The filing fee is either $275.00 or $325.00
per class of goods and/or services for an electronically-filed
application (the "TEAS Plus" or "regular TEAS" options,
respectively) , compared with $375.00 per class if filed in paper;
i.e., an application may only have one mark, but may cover
multiple classes; e.g., an application filed under TEAS Plus with
two classes would be for both computer software in Class 9 and
t-shirts in Class 25, making the filing fee $550.00. Although only
one mark is permissible per application, a mark may consist of
several elements that are joined to form a composite whole; e.g.,
words plus a design. You do not have to have already used your
mark before filing an application. However, if the mark has not
already been used in interstate commerce at the time of filing,
but instead the application is based on an "intent-to-use" the
mark in interstate commerce in the future, an additional fee of
$100.00 per class will be required when the "Allegation of Use"
form is submitted (whereas a "use-based" application does not
require this additional fee). Also, the
filing fee is a processing fee for the application. This fee is
not returned even if ultimately the USPTO does not issue a
registration. You should take all necessary steps to ensure
the mark is registrable before filing the application.
-
Ensuring delivery
of emails sent from the USPTO: If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from TEAS@uspto.gov is not falsely identified as spam or junk. Also, the USPTO forms use pop-up windows to display critical information. To use this site properly, you must disable any existing pop-up filters (through either anti-virus software or a pop-up killer program).
Also, to help ensure the receipt of emails sent from a USPTO address, please note that the USPTO cannot deliver an email successfully if
1) the destination
email address is not valid. Please check that the entered email
address does not contain any typographical errors. 2) the
destination email address is relaying the email to a different
address. 3) the USPTO cannot perform a "reverse DNS look-up"
of the destination email address. 4) the destination email
server is blocking any email address that ends with "uspto.gov" as
spam. NOTE: Email originating from "uspto.gov" may include
attachments, so email from the USPTO address with attachments
should not be blocked.
-
Avoiding
Formatting Problems: Simply cutting and pasting a Word or Word
Perfect document into a TEAS form may cause the introduction of
unwanted characters in the form and/or prevent successful
validation of the form. This is especially true for heavily
formatted Word or Word Perfected documents. To avoid this problem,
you should convert the Word or Word Perfect document to a text
format. This can be done by using the "save as" and 'save as type"
features of Word or Word Perfect. Because a text document does not
allow for complex formatting and it is best to prepare responses
or recitations of goods and or services with little or no
formatting. There is not a problem with text that is typed
directly into the form or text that was previously saved as an
html document. If the form you are trying to use allows you to
attach images as evidence, you could create JPG images of
heavily-formatted documents and attach them to the form via this
method.
-
Image files for
TEAS: Except for the Response to Office Action form, which
accepts JPG and PDF images (for additional information, click
here),
image files for all other TEAS forms must be in JPG format.
(Note: the Electronic Trademark Assignment System (ETAS),
unrelated to TEAS, the image files must be in a TIFF format). To
file an initial application for a stylized or design mark, you
must be able to attach a black-and-white image file. Where a
specimen (sample) of actual use in commerce is required, you must
attach a scanned image or digital photograph, showing the mark "in
use"), not exceeding 2 megabytes per attachment.
Please note the following: 1) Mark images
should not include the trademark, service mark or registration
symbols (TM, SM, ®). These symbols should only appear on
specimens. 2) Mark images should be submitted with as
little white space around the design as possible. Unless a color
image is being submitted for a mark wherein color is claimed as
a feature of the mark, the mark image should be pure
black-and-white, with no gray areas. See link to
additional help within the Mark Section of the form, under
"black-and-white." 3) If you cannot validate the form
after attaching an image file, please try validating the form
without the image attached; if successful, try re-saving the
image. 4) After validation, you should be able to
view your image from the Validation Page. If you cannot view
your images, they are not properly attached. NOTE: Both the Mark
and Specimen images may appear huge when you review the images
via the links on the Validation Page, and you may not be able to
print them in the proper dimensions from that page (i.e., the
mark image must print no larger than 3.15 x 3.15 inches (8 x 8
cms.) and the specimen image must print no larger than 8 1/2 x
11 inches). This does not indicate that there is a problem with
your image file. Current browser and monitor technologies
display all images at 72 dpi, causing images scanned at a higher
dpi level to appear huge after attachment. The USPTO can process
your image file, if you were able to save and print your image
attachment from your image creating software in the proper
dimensions prior to attaching the image to the form. The USPTO
recommends that all black-and-white jpg images and color jpg
images be scanned at no less than 300 dots per inch and no more
than 350 dots per inch, and within a pixel range of a length and
width of no less than 250 pixels and no more than 944 pixels;
e.g., a valid pixel dimension is 640 X 480 pixels. 5)
images created on a Macintosh using Adobe Photoshop or
Illustrator must be properly saved with appended file extensions
.jpg for use on a Windows system. We cannot open image files
that are not properly saved prior to attachment. 6)
Internet Explorer on the Macintosh platform will not
permit proper image attachment. You must use Netscape or a
PC. 7) Adobe Photoshop/Illustrator users must ensure
that images are saved with the RGB color scheme. The USPTO
cannot accept the CYMK color scheme. If you can open your image
with your browser, then it is saved in the RGB color scheme.
8) Do not zip your image files or add any
additional compression. JPG files are already
compressed.
|
Sound/Motion Marks and
Electronic Filing: Although the filing of sound or motion
marks electronically does require some "exception processing," these
can be done through TEAS. The sound or motion mark specimen,
consisting of a WAV, MP3, AVI, or MPEG file, can be sent as an e-mail
attachment directly to the TEAS Support Team, at
teas@uspto.gov. However, because the TEAS form will require a
JPG attachment for the specimen, the applicant must still create a
JPG file for this purpose; but, it will merely consist of a
statement that "A WAV file (or MP3 or MPEG file) has been sent
directly to the TEAS Support Team for processing." For easier
association of the WAV (or MP3 or MPEG) file with the proper
application, the applicant should submit the actual application
first, and then reference in the e-mail to the TEAS Support Team the
assigned serial number and an indication that this is a "new
application." All other filings (e.g., an Allegation of Use, a
Section 8, etc.) should be done in the same manner, with the serial
number or registration number referenced in the e-mail, and a clear
indication of the type of filing.
|
(Updated 01/22/2008)
TEAS RESPONSE TO OFFICE ACTION (ROA)
TIPS
Through the ROA
form, you can address all issues raised within an Office action, from substantive
refusals to informalities. Following are various “tips” to facilitate your use
of the ROA form (which, in turn, the USPTO hopes will lead to increased use of
the form):
Attaching
PDF image files
A reminder that
the USPTO enhanced the TEAS ROA form on July 22, 2006 to accept PDF files (in
addition to JPG files) for the following: evidence, specimens, foreign registration
certificates, consents, miscellaneous information, and handwritten pen-and-ink
signatures. However, a mark image is only acceptable in the JPG format.
For PDF guidelines, see http://www.uspto.gov/teas/pdfguidelines.html.
Accessing
hyperlinked HELP
If the purpose of either an initial ROA form wizard question or a
field within the actual form is not clear, a reminder that all underlined terminology
is hyperlinked to underlying help. For example, if you are unsure whether “Yes”
or “No” is the appropriate answer to the wizard question “Do you want to make any
additional statement(s) of record to address a requirement, e.g., a disclaimer
or claim of a prior registration?,” you could
click directly on additional statement(s) to display
the appropriate HELP text. Therein, all of the possible additional
statement options that would be presented within the actual form would be
displayed for your review.
Cutting-and-pasting
into the ROA form
Simply
cutting-and-pasting a Word or Word Perfect document into any portion of the ROA
form may cause the introduction of unwanted characters and/or prevent
successful validation of the form, especially if the Word or Word Perfect
documents are heavily formatted. To avoid this problem, you should convert the
Word or Word Perfect document to a text format, by using the "save
as" and "save as type" features of Word or Word Perfect. However,
please note that because a text document does not allow for complex formatting,
this approach may only be suitable when little or no formatting is desired, for
example, with goods/services recitations. No problem exists with text that is
typed directly into the form, or text previously saved as an html document.
For heavily formatted text, such as may appear within arguments, see section
headed “Attaching argument text as PDF file,” below.
Using spell
check feature
The ROA form does
not provide a “spell check” feature. Therefore, the USPTO recommends that you
first prepare entries, for example, goods/services recitations in a Word or
Word Perfect document, which permits spell checking through that word
processing tool. Then, as described in the previous section, you can
cut-and-paste correctly spelled text into the ROA form.
Attaching
argument text as PDF file
As an alternative
to using the existing ROA Text box for the entry of an argument (either through
direct entry therein or cutting-and-pasting from a Word or Word Perfect
document), you may use the form’s “Evidence Section” to attach a PDF file.
To use this approach, you must first answer “Yes” to both
questions presented at #2 in the initial form wizard. Then, within the Text
box for entering an argument, you should enter the statement “Please see the actual argument text attached
within the Evidence section,” followed by attachment of the full argument as a
PDF file as “Evidence.” While not, in a sense, truly “evidence,” the USPTO
sanctions this workaround approach, since the retention of formatting
facilitates the reading of the argument; also, images can be included within
the PDF file, which is not possible when entry is attempted directly within the
Text box.
HOWEVER, the only real constraint is that you must not
submit an entire response as one single PDF attachment. I.e.,
if specific portions of the ROA form exist for entering the information, such
as a disclaimer or amended goods/services, those entries must be made
within the appropriate area of the form, and not merely included as part
of the PDF attachment. The PDF should ONLY consist of the argument
(and any images, if appropriate), and none of the other items necessary
for a complete response to the issued Office action.
Re-accessing
form wizard without losing work
Because the ROA
form is produced directly by the answers provided within the initial form
wizard, you must answer each of those questions carefully, to ensure that the
retrieved form will display all applicable sections needed for a complete
response to the issued Office action. However, if after partially completing
the ROA form you realize that a necessary section is missing (e.g., the “Additional
Statements” section for entering a disclaimer), you must take certain steps to
ensure that you do not lose existing work prior to returning to the form wizard:
(1) complete all existing sections of the form, and then click the “VALIDATE” button, in order to “lock in”
your existing work; (2) click the “Go Back to Modify” button on the bottom of
the Validation Page; (3) Scroll down from the top of the ROA form (to which you
would have been returned after Step 2 to reach the very bottom of the form, and
there click the “Go Back” button, to return to the initial form wizard (WARNING:
At steps 2 and 3, you must use the buttons at the bottom of the form,
and NOT the browser’s “Back” button); (4) make any necessary changes in
the form wizard (i.e., switch from “No” to “Yes” wherever appropriate);
(5) click “NEXT” at the bottom of the wizard to return to the form: and (6) any
new section(s) requested will now appear, but all work previously entered will
also be displayed.
HOWEVER, please note that the above approach will
only result in the saving of work in those areas of the form that did not
begin with the direct display of information from the USPTO database, such as
the argument section or the additional statement section. For example, if you
modify the listing of goods that displays within the form when first pulled up,
and then return to the form wizard, the original listing of goods will then be re-displayed,
because it will be retrieved in its original form from the USPTO database once
the wizard is re-accessed. On the other hand, if a new class is added,
any goods/services entered therein will be retained, because the field display
did not depend on the USPTO database in any way.
NOTE: The USPTO is exploring other design
options that would ensure that all entries are retained, regardless of
whether the “modified” entry was originally pulled into the form automatically
from the USPTO database. The USPTO is also considering “segmenting” the ROA
form, to have the same “look and feel” of the initial application form (both
“regular” and TEAS Plus versions), rather than being one “long” form. In this
proposed “segmented” approach, validation of each separate section would help
“lock in” the section once validated, so that returning to the form wizard to
add a new section would not impact any current sections.
Saving
completed form for later access
After completing
a form, you can save the entire form by clicking on the Download Portable form
button at the bottom of the Validation Page. You will save the form to your
local drive, as with any other saved document. However, to view the saved
form, do not click directly on the saved icon, as that will only
open the form as an XML document (consisting of data tags/entries). Instead, to
view the form in the proper format, you must go to the front page of the
initial form wizard, as if starting a new form. Rather than entering
the serial number, click on the “Browse/Choose File” button, which appears
directly below the field for entering the serial number. A pop-up box will
open, wherein you will select the proper saved file. After clicking on the
“Open” button within the pop-up window, the complete file name will appear in
the box next to the “Browse/Choose File” button. When you click on the “NEXT”
button at the bottom of the form, the complete form will then open in its
original format.
Re-attaching
image files after saving form
Any time you
download and save a portable form, once you re-access the saved form (following
in the instructions in the section above), you will find that any previously attached
image files will no longer be attached. This unfortunately is the nature of any
browser’s environment, for security reasons, and is not a function of the ROA
form itself and “fixable” by the USPTO. As such, please be aware of this
unavoidable constraint—you must re-attach all images after
downloading/saving the form.
Extending
60-minute time limit
The ROA form
wizard warns that
NOTE:
This form has a session time limit of 60 minutes. A session begins once
you
create and enter the form via the Form Wizard. If you exceed the 60-minute
time
limit, the form will not validate and you must begin the entire process
again.
However, the
60-minute period is not an “absolute” period; i.e., you do not have to
complete the form, start to finish, within 60 minutes. If the USPTO’s
server does not detect any activity within 60 minutes, it will end your
session at the 60-minute point. At 54 minutes into your session, you will
receive a pop-up window warning that your session will expire in six (6) minutes
(it will actually provide the precise “end” time within the window, such as
11:29:14 EST). To “renew” your session, you simply need to click on the
“O.K.” button at the bottom of the pop-up window, and you will automatically
get another 60 minute time period. If you do not click on
the button within the remaining six (6) minutes of the session, your session
will completely end at the 60-minute mark, and you will be returned directly to
the initial form wizard to start the process again. You are encouraged to
have all information required to complete the form available prior to starting
your session.
Meeting
response deadline
The ROA form is
time stamped when it arrives on the USPTO server, based on Eastern Standard
Time (EST). Please be particularly aware of that fact if you are
drafting/submitting an ROA from a different time zone. The time stamp applied
by the TEAS server is the official time the USPTO received the response, and
the time the transmission is started is not considered. The official
filing date and time can be found at the bottom of your e-mail confirmation. Any
submission that arrives as of 11:59 p.m. EST will be given that day’s
filing date (i.e., regardless of USPTO’s “normal” business hours, and
regardless of whether it is a Saturday, Sunday, or Federal holiday within the
District of Columbia. However, even though a TEAS ROA filing is
possible on a Saturday, Sunday, or Federal holiday, the USPTO follows the same
“response deadline” rule as for a paper filing; i.e., if the response is
due on a date falling on a Saturday, Sunday, or a Federal holiday within the
District of Columbia, then the ROA is considered timely if received by 11:59
p.m. on the following date that is not a Saturday, Sunday, or a Federal holiday
within the District of Columbia.
The USPTO makes
every attempt to ensure that the TEAS ROA form, and the overall TEAS service,
is available 24 hours a day, 7 days a week, 365 days a year. Nonetheless, the
USPTO strongly recommends that you do not wait until the final hour of the
overall six-month response period to attempt to file electronically, since TEAS
may be unexpectedly down, or other technical problems may surface, that may
prevent a successful ROA transmission before the response deadline.
The USPTO is seeking feedback concerning the current TEAS ROA form.
While the TEAS new application filing level is about 95%, the ROA form is only
being used for approximately 50% of all responses. Therefore, the USPTO would
like input as to how the ROA form could be changed to increase overall usage;
or, reasons why electronic filing of ROA’s may not meet applicants’ needs. Please
send any ROA form feedback to ROAComments@uspto.gov.
Along with your suggestions and/or comments, please indicate whether you are a
new TEAS user or an experienced filer. Rather than writing a detailed e-mail,
if you would prefer to discuss this issue directly, please simply note this in
an e-mail and provide your name and telephone number; the TEAS Project Manager
will then call you at a later point. Thank you in advance for sharing your
ideas. NOTE: For questions/problems concerning use of the existing ROA
form, or any of the other TEAS forms, please contact TEAS@uspto.gov.
|
-
Three payment options available: Three options (credit
card, automated
deposit account, and Electronic
Funds Transfer will now appear after clicking on the
PAY/SUBMIT button, which is available on the bottom of the Validation
Page after completing and validating the application form. You will
not specify a payment option in the Form Wizard or within the
form itself.
-
Availability: TEAS is available 24 hours a day, seven days a
week, for issuance of filing dates when the USPTO is officially
closed.
|