| Goods and Services | Intent to Use Check this box if actual use of the mark in commerce that the U;S; Congress can regulate (i;e;, interstate commerce, territorial commerce, or commerce between the United States and a foreign country) has not yet occurred, but instead there is simply a bona fide (good faith) intention to use the mark in commerce at a later time after filing of this application; The intention to use may be by the applicant, the applicant's related company, or the licensee of the applicant; You may file under more than one basis, but you may not file an application based on both use in commerce under §1(a) and a bona fide intention to use a mark in commerce under §1(b) for the identical goods and or services (e;g;, you cannot list "shirts" under Section 1(b) and Section 1(a), but you could list "shirts" under Section 1(b) and "pants" under Section 1(a)); NOTE: If filing under this basis, you will be required to submit a demonstration of use (i;e;, submission of a form with an additional fee and a specimen (sample) of said use) later in the prosecution process of the application; Use in Commerce Choose this basis if actually already using the mark in commerce that the U;S; Congress may regulate (i;e;, interstate commerce, territorial commerce, or commerce between the United States and a foreign country) in connection with the goods and/or services identified in the application; You must be able to provide the date of first use anywhere and the date of use in commerce that the U;S; Congress may regulate, and a specimen (sample) of said use; Use may be by the applicant, the applicant's related company, or a licensee of the applicant; You may file under more than one basis, but you may not file an application based on both use in commerce under §1(a) and a bona fide intention to use a mark in commerce under §1(b) for the identical goods and or services (e;g;, you cannot list "shirts" under Section 1(b) and Section 1(a), but you could list "shirts" under Section 1(b) and "pants" under Section 1(a)); Section 44(d) Check this box if filing the U;S; application within six months of filing the first foreign application to register the mark in a defined treaty country; This establishes a "right of priority;" However, if no foreign application filing already exists (i;e;, you do not have a serial number for an application pending in a trademark office outside of the USPTO), do not check this box; Section 44(e) Choose this basis if a foreign registration already exists; You must provide in the U;S; application all relevant information about the existing foreign registration(s); A JPG image file of a copy of the foreign registration certificate can be attached directly to the application, although this is not required to receive a filing date; however, the foreign registration(s) must be in force at the time of filing of the U;S; application, and must be filed before the application may proceed to registration; I;e;, the foreign registration must be "live" at the time the United States issues the registration based on that foreign registration; If the foreign registration is not in English, the applicant must also provide a translation of the foreign registration with the copy of the foreign registration; The translator should sign the translation, but need not swear to the translation; More than one class You may apply to register a mark for any or all of the goods and/or services on or in connection with which you are using or have a bona fide intention to use the mark in commerce; The "International Classification System" is the basis for determining the number of fees that must be paid; Although named "international class," this application is only for protection in the United States; the word "international" is used only in the context of the worldwide classification system of which the USPTO is part; For more information about acceptable classes, see the USPTO's on-line Goods and/or Services Manual, or the overall listing of all classes of goods and services; A fee is required for each class; A single certificate of registration for each mark will issue, regardless of the number of classes; If goods or services of more than one class are set out in an application but only one fee has been filed, you must during prosecution of the application either (1) amend the application to restrict the goods or services to a single class; or (2) submit a fee for each additional class, to prosecute the application as a combined or "multi-class" application; Joint applicants It is important to determine if a "joint applicant" relationship actually exists between the owners, rather than a different relationship (such as a partnership or a joint venture); Normally, a trademark application is filed in the name of one party; However, joint applicants can apply if the mark is used in a business in which two or more parties are involved actively; Therefore, if the application lists joint applicants, the USPTO will presume that the mark and the business in which it is used are, in fact, owned by separate parties jointly and cannot be identified correctly in any other way; that is, the parties have not been incorrectly labeled "joint owners" when actually they are members of a partnership or a joint venture or are part of some other type of business entity in whose name the application should be made; Note: A joint venture is not in the category of joint applicants; instead, a joint venture is a single applicant, in the same way that a partnership is a single applicant; If, in fact, there is to be ONLY a single applicant, then answer this Wizard question NO, and list for the applicant the single name of a partnership or joint venture; On the other hand, if joint applicants are correct, then all relevant information must be provided for each of the applicants, and each of the applicants must sign the application, since they are individual parties and not a single entity; Signatory If it is corporate policy to have two or more officers sign the application, even though there is but one applicant, then answer YES to this question, so that each signatory is provided the opportunity within the form to sign the application; On the other hand, if there are actually joint or multiple applicants, then the proper answer to this question is NO; Instead, enter YES at question #3, and specify the number of owners; Filing with an attorney The owner of a trademark may file and prosecute his or her own application for registration of the mark, or he or she may be represented by an attorney or other individual authorized to practice before the united States Patent and Trademark Office (USPTO) in trademark cases; If the owner of a trademark elects to be represented by an attorney or other party, the USPTO will only communicate with the applicant's named representative, unless that representation is terminated in writing, without replacement; If the applicant contacts the USPTO with respect to the application, the applicant will be advised that the USPTO will only discuss the matter with applicant's representative; The USPTO cannot aid in the selection of an attorney; Domestic Representative If the applicant's address is outside the United States, you may wish to designate some person resident in the United States on whom may be served notices or process in proceedings affecting the mark; However, this is no longer required; The designation would serve the purpose of bringing a foreign party who takes advantage of the United States trademark registration system under the jurisdiction of the United States legal system; Any juristic entity may serve as a domestic representative; Additional Statement This section is for the entry of various statements that may pertain to the mark; In no case must you enter any of these statements for the application to be accepted for filing (although you may be required to add some of these statements to the record during the actual prosecution of the application); To select a statement, check the box and enter the specific information relevant to your mark; The following are the texts of the most commonly asserted statements: DISCLAIMER: "No claim is made to the exclusive right to use _________apart from the mark as shown;" (Enter descriptive/generic wording); STIPPLING AS A FEATURE OF THE MARK: "The stippling is a feature of the mark and does not indicate color;" (i;e;, the mark consists, in part, of actual "dots"-- the stippling-- as a feature of the mark, rather than those "dots" being an attempt to show coloration or shading in the mark); STIPPLING FOR SHADING: "The stippling is for shading purposes only;" (i;e;, the "dots" -- the stippling-- that are used as part of the mark on the drawing page are only to show that the mark has lighter and darker features; the "dots" are not actually part of the mark); PRIOR REGISTRATION(S): "Applicant claims ownership of __________;" (Enter registration number(s) for the same or similar marks; Do not use any commas within the number; If more than one entry, separate each with a space, with no punctuation; e;g;, 1247873 1324638 1462387); TRANSLATION: "The foreign wording in the mark translates into English as ___________;" TRANSLITERATION: "The non-Latin characters in the mark transliterate into ________, and this means _________ in English;" §2(f), based on Use: "The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement;" §2(f), based on Prior Registration(s): "The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U;S; Registration No(s); ____________;" (Enter registration number(s) for the same or similar marks; Do not use any commas within the number; If more than one entry, separate each with a space, with no punctuation; e;g;, 1247873 1324638 1462387); §2(f), based on evidence: "The mark has become distinctive of the goods/services, as demonstrated by the submitted evidence;" Evidence to support this claim must be submitted as JPG files (the form allows the attachment of up to 50 images); §2(f) IN PART, based on Use: "_______ has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement;" (Enter the appropriate word(s)); §2(f) IN PART, based on Prior Registration(s): "______ has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U;S; Registration No(s); ____________;" (In the first box, enter the appropriate word(s); In the second box, enter registration number(s) for the same or similar marks; Do not use any commas within the number; If more than one entry, separate each with a space, with no punctuation; e;g;, 1247873 1324638 1462387); §2(f), IN PART, based on evidence: "_______ has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement;" (Enter the appropriate word(s)); NAME(S), PORTRAIT(S), SIGNATURE(S) OF INDIVIDUAL(S): Click on the first circle if the name(s), portrait(s), and/or signature(s) shown in the mark does identify a particular living individual, and enter the appropriate name(s), and attach a JPG file showing the actual consent of the named individual to the use and registration of his or her name; Click on the second circle if the mark includes a name(s), portrait(s), and/or signature(s), but this does not identify a particular living person; USE OF THE MARK IN ANOTHER FORM: "The mark was first used anywhere in a different form other than that sought to be registered on ___________, and in commerce on ________;" (Enter both the date of first use anywhere and the date of first use in commerce, in the format MM/DD/YYYY, e;g;, 12/03/1998; Both dates may be the same, or the date in commerce may be later than the first use anywhere; however, the date of first use in commerce may not precede the date of first use anywhere); CONCURRENT USE: Enter the appropriate concurrent use information, e;g;, specify the goods and the geographic area for which registration is sought; For specific requirements, see TMEP section 1207;04; MISCELLANEOUS STATEMENT: This section should only be used to enter information for which no other section of the form is appropriate; The entry should be as concise a statement as possible, and consist of factual information that follows, as closely as possible, the format set forth for the other additional statements, above; Directly The individual completing the application may, if he or she so chooses, sign directly at the end of the application form; The application will not be "signed" in the sense of a traditional paper document; To verify the contents of the application, the signatory will enter any alpha/numeric character(s) or combination thereof of his or her choosing in the signature block on the application form, preceded and followed by the forward slash (/) symbol; The USPTO does not determine or pre-approve what the entry should be, but simply presumes that this specific entry has been adopted to serve the function of the signature; Most signatories simply enter their names between the two forward slashes, although acceptable "signatures" could include /john doe/; /jd/; or /123-4567/; NOTE: The appropriate person (i;e;, (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) an attorney who has an actual or implied written or verbal power of attorney from the applicant) must personally sign the form by keying in the combination of characters preceded and followed by the forward slash symbol (/) that the signatory has adopted as his or her "signature;" Someone else on behalf of the proper signatory should not key this in; Text Form NOTE: If you are completing the application yourself and will be signing the application, you do not need to use this option; Instead, simply complete the application and enter your signature directly within the posted form; The "text form" is a narrative, paragraph-style version of the application information, absent any "tagged" data fields; It most closely resembles a traditional "Word/ WordPerfect" document, and is accessed from the Validation Screen once the application data is validated; The text form is designed to facilitate signature/date by another party, and no other data can be manipulated; i;e;, the "web-based" form may be completed and validated, and then the resulting "text" form may be e-mailed to the proper signatory as a "hyperlink" (no "downloading" of a portable form is required); The signatory will sign and date the application by affixing the "electronic signature," consisting of an arbitrary alpha-numeric combination placed between two forward slash symbols (e;g;, /john smith/); The signed version automatically is returned to the original preparer, who can then complete the submission process to the USPTO; NOTE: From the point of validation, you must get the application signed, returned, and filed to the USPTO within two weeks; Otherwise, you must complete the process again; You can, however, download and save the portable form (available from the Validation Page) indefinitely; Handwritten ("pen-and-ink") signature Through this method, the "text form" may be printed out and then mailed or faxed to the signatory, who will sign and date the form in the traditional "pen-and-ink" manner; Once the signed form has been mailed or faxed back to the preparer, this signed declaration must be scanned and re-attached as a JPG image file (the only image format acceptable) to the original electronic application; the complete application can then be validated and filed electronically; NOTE: Under this option, the original application must be saved using the Download Portable form button on the Validation Page; Unsigned The application may be submitted electronically with no signature, and still receive a filing date (signature is not a filing date requirement); However, before the application could be approved for publication, a signed declaration must be submitted; As such, submitting the original application unsigned, while acceptable, does delay approval-processing time, and should be avoided, if possible; Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes |
