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     A TRADEMARK may be a word, symbol, design or combination

word and design, a slogan or even a distinctive sound which

identifies and distinguishes the goods or services of one party

from those of another. Used to identify a service, it can be

called a service mark. In general, throughout this pamphlet the

term trademark will refer to both trademarks and service marks.

Normally, a trademark for goods appears on the product or on

its packaging, while a service mark is usually used in

advertising to identify the owner' s services.

     A trademark is different from a copyright or a patent. A

copyright gives protection for an artistic or literary work and

a patent gives protection for an invention.

     Unlike a copyright or patent, trademark rights can last

indefinitely if the mark continues to perform a

source-indicating function. The term of the Federal trademark

registration is 10 years, with 10 year renewal terms. However,

between the fifth and sixth year after the date of the

registration, the registrant must file an affidavit stating the

mark is currently in use in commerce. If no affidavit is filed,

the registration will be cancelled.

     Trademark fights arise from either (1) use of the mark, or

(2) a bona fide intention to use a mark, along with the filing

of an application to Federally register that mark on the

Principal Register. A Federal trademark registration is not

required in order for a trademark to be protected, and a

trademark may be used without obtaining a registration.

     Before a trademark owner may file an application for a

Federal registration, the owner must either (1) use the mark on

goods which are shipped or sold, or services which are

rendered, in commerce regulated by Congress (e.g., interstate

commerce or commerce between the U.S. and a foreign country),

or (2) have a.bona fide intention to use the mark in such

commerce in relation to specific goods or services.


     WHILE Federal registration is not necessary for trademark

certain advantages:

  1  The filing date of the application is a constructive date

     of first use of the mark in commerce (this gives

     registrant nationwide priority as of that date, except as

     to certain prior users or prior applicants);

  2  The right to sue in Federal court for trademark


  3  Recovery of profits, damages and costs in a Federal court

     infringement action and the possibility of treble damages

     and attorneys' fees;

  4  Constructive notice of a claim of ownership (which

     eliminates a good faith defense for a party adopting the

     trademark subsequent to the registrant's date of


  5  The right to deposit the registration with Customs in

     order to stop the importation of goods bearing an

     infringing mark;

  6  Prima facie evidence of the validity of the registration,

     registrant's ownership of the mark and of registrant's

     exclusive right to use the mark in commerce in connection

     with the goods or services specified in the certificate;

  7  The possibility of incontestability, in which case the

     registration constitutes conclusive evidence of the

     registrant's exclusive right, with certain limited

     exceptions, to use the registered mark in commerce;

  8  Limited grounds for attacking a registration once it is

     five years old;

  9  Availability of criminal penalties and treble damages in

     an action for counterfeiting a registered trademark;

 10  A basis for filing trademark applications in foreign



     ONCE a Federal registration is issued, the registrant may

give notice of registration by using the symbol, or the phrase

"Registered in U.S. Patent and Trademark Office" or "Reg. U.S.

Pat. & Tm. Off." Although registration symbols may not be

lawfully used prior to registration, many trademark owners use

a TM or SM (if the mark identifies a service) symbol to

indicate a claim of ownership, even if no Federal trademark

application is pending.


     THE Patent and Trademark Office (PTO) is responsible for

the Federal registration of trademarks. When an application is

filed, it is reviewed to determine if it meets the requirements

for receiving a filing date (see page 4). If the filing

requirements are riot met, the entire mailing, including the

fee, is returned to the applicant. If the application meets the

filing requirements, it is assigned a serial number, and the

applicant is sent a filing receipt.

     The first part of the registration process is a

determination by the Trademark Examining Attorney as to whether

the mark may be registered. An initial determination of

registrability, listing any statutory grounds for refusal as

well as any procedural informalities in the application, is

issued about three months after filing. The applicant must

respond to any objections raised within six months, or the

application will be considered abandoned. If, after reviewing

the applicant's response, the Examining Attorney makes a final

refusal of registration, the applicant may appeal to the

Trademark Trial and Appeal Board, an administrative tribunal

within the PTO.

     Once the Examining Attorney approves the mark, the mark

will be published in the Trademark Official Gazette, a weekly

publication of the PTO. Any other party then has 30 days to

oppose the registration of the mark, or request an extension of

time to oppose. An opposition is similar to a proceeding in the

Federal district courts, but is held before the Trademark Trial

and Appeal Board. If no opposition is filed, the application

enters the next stage of the registration process.

     If the mark published based upon its actual use in

commerce, a registration will issue approximately 12 weeks from

the date the mark was published.

     If, instead, the mark published based upon applicant's

statement of a bona fide intention to use the mark in commerce,

a notice of allowance will issue approximately 12 weeks from

the date the mark was published. The applicant then has six

months from the date of the notice of allowance to either (1)

use the mark in commerce and submit a statement of use, or (2)

request a six-month extension of time to file a statement of

use (see forms and instructions at back of booklet). The

applicant may request additional extensions of time only as

noted in the instructions on the back of the form.


     THE Examining Attorney will refuse registration if the

mark or term applied for:

  1  Does not function as a trademark to identify the goods or

     services as coming from a particular source;for example,

     the matter applied for is merely ornamentation;

  2  Is immoral, deceptive or scandalous;

  3  May disparage or falsely suggest a connection with

     persons, institutions, beliefs or national symbols, or

     bring them into contempt or disrepute;

  4  Consists of or simulates the flag or coat of arms or other

     insignia of the United States, or a State or municipality,

     or any foreign nation;

  5  Is the name, portrait or signature of a particular living

     individual, unless he has given written consent; or is the

     name, signature or portrait of a deceased President of the

     United States during the life of his widow, unless she has

     given her consent;

  6  So resembles a mark already registered in the PTO as to be

     likely, when used on or in connection with the goods of

     the applicant, to cause confusion, or to cause mistake, or

     to deceive;

  7  Is merely descriptive or deceptively misdescriptive of the

     goods or services;

  8  Is primarily geographically descriptive or deceptively

     misdescriptive of the goods or services of the applicant;

  9  Is primarily merely a surname.

     A mark will not be refused registration on the grounds

listed in numbers 7, 8 and 9 if the applicant can show that,

through use of the mark in commerce, the mark has become

distinctive so that it now identifies to the public the

applicant's goods or services. Marks which are refused

registration on the grounds listed in numbers 1, 7, 8 and 9 may

be registrable on the Supplemental Register, which contains

terms or designs considered capable of distinguishing the

owner's goods or services, but that do not yet do so. A term or

design cannot be considered for registration on the

Supplemental Register unless it is in use in commerce in

relation to all the goods or services identified in the

application, and an acceptable allegation of use has been

submitted. If a mark is registered on the Supplemental

Register, the registrant may bring suit for trademark

infringement in the Federal courts, or may use the registration

as a basis for filing in some foreign countries. None of the

other benefits of Federal registration listed on page 1 apply.

An applicant may file an application on the Principal Register

and, if appropriate, amend the application to the Supplemental

Register for no additional fee.


     A RECORD of all active registrations and pending

applications is maintained by the PTO to help determine whether

a  previously registered mark exists which could prevent the

registration of an applicant's mark. (See ground for refusal

No. 6, above.) The search library is located near Washington,

D.C. at Crystal Plaza 2, 2nd Floor, 2011 Jefferson Davis

Highway, Arlington, VA 22022, and is open to the public free of

charge Monday through Friday, 8:00 am to 5:30 pm. The PTO

cannot advise prospective applicants of the availability of a

particular mark prior to the filing of an application. The

applicant may hire a private search company or law firm to

perform a search if a search is desired before filing an

application and the applicant is unable to visit the search

library. The PTO cannot recommend any such companies, but the

applicant may wish to consult listings for "Trademark Search

Services" in the telephone directories or contact local bar

associations for a list of attorneys specializing in trademark



     THE owners of marks may file and prosecute their own

applications for registration, or be represented by an

attorney. The Patent and Trademark Office cannot help select an



    AN application consists of (1) a written application form;

(2) a drawing of the mark; (3) the required filing fee; and,

only if the application is filed based upon prior use of the

mark in commerce, (4) three specimens showing actual use of the

mark on or in connection with the goods or services. A separate

application must be filed for each mark for which registration

is requested.

     Following is a description of each of these elements of a

complete application. The written application form is the first

form of four forms at the back of the booklet and is titled

"Trademark/Service Mark Application, Principal Register, with

Declaration." [The back page of the form is printed upside down

so that it may be affixed to the application file at the top

and still be easily read.]

Written Application Form

    THE application must be written in English. The enclosed

form may be used for either a trademark or service mark

application. Additional forms may be photocopied. The following

explanation covers each blank, beginning at the top.

     Heading. Identify (a) the mark (e.g. "ERGO" or "ERGO and

design") and (b) the class number(s) of the goods or services

for which registration is sought. Classification is part of the

PTO's administrative processing. The International

Classification of Goods and Services is used (see inside back

cover of this booklet). The class may be left blank if the

appropriate class number is not known.

     Applicant. The application must be filed in the name of

the owner of the mark. Specify, if an individual, applicant's

name and citizenship; if a partnership, the names and

citizenship of the general partners and the domicile of the

partnership; if a corporation or association, the name under

which it is incorporated and the state or foreign nation under

the laws of which it is organized. Also indicate the

applicant's post office address.

     Identification of Goods or Services. State briefly the

specific goods or services for which the mark is used or

intended to be used and for which registration is sought. Use

clear and precise language, for example, "women's clothing

namely, blouses and skirts," or "computer programs for use by

accountants," or "retail food store services." Note that the

identification of goods or services should describe the goods

the applicant sells or the services the applicant renders, not

the medium in which the mark appears, which is often

advertising. "Advertising" in this context identifies a service

rendered by advertising agencies. For example, a restaurateur

would identify his service as "restaurant services," not

"menus, signs, etc." which is the medium through which the mark

is communicated.

     Basis for Application. The applicant must check at least

one of four boxes to specify the basis for filing the

application. Usually an application is based upon either (1)

prior use of the mark in commerce (the first box), or (2) a

bona fide intention to use the mark in commerce {the second

box), but not both. If both the first and second boxes are

checked, the Patent and Trademark Office will not accept the

application and will return it to the applicant without


     The last two boxes pertain to applications filed in the

United States pursuant to international agreements, based upon

applications or registrations in foreign countries. These bases

are asserted relatively infrequently. For further information

about foreign-based applications, the applicant may call the

trademark information number listed in this booklet or contact

a private attorney.

     If the applicant is using the mark in commerce in relation

to all the goods or services listed in the application, check

the first box and state each of the following:

  -- The date the trademark was first used anywhere in the U.S.

     on the goods, or in connection with the services,

     specified in the application;

  -- The date the trademark was first used on the specified

     goods, or in connection with the specified services, sold

     or shipped (or rendered) in a type of commerce which may

     be regulated by Congress;

  -- The type of commerce in which the goods were sold or

     shipped or services were rendered [for example,

     "interstate commerce" or "commerce between the United

     States and (specify foreign country)"]; and

  -- How the mark is used on the goods, or in connection with

     the services [for example, "the mark is used on labels

     which are affixed to the goods," or "the mark is used in

     advertisements for the services"].

     If the applicant has a bona fide intention to use the mark

in commerce in relation to the goods or services specified in

the application, check the second box. This would include

situations where the mark has not been used at all or where the

mark has been used on the specified goods or services only

within a single state (intrastate commerce).

     Execution. The application form must be dated and signed.

(See back of form.) The declaration and signature block appear

on the back of the form. The Patent and Trademark Office will

not accept an unsigned application and will return it to the

applicant without processing. By signing the form, the

applicant is sweating that all the information in the

application is believed to be true. If the applicant is an

individual, the individual must execute it; if joint

applicants, all must execute; if a partnership, one general

partner must execute the application; and if a corporation or

association, one officer of the organization must execute the


2. Drawing

     THE drawing is a representation of the mark as actually

used or intended to be used on the goods or services. There are

two types; (a) typed drawings and (b) special form drawings.

All drawings must be made upon pure white durable nonshiny

paper 8 1/2" wide by 11" long. One of the shorter sides of the

sheet should be regarded as its top. There must be a margin of

at least one inch on the sides and bottom of the paper and at

least one inch between the drawing of the mark and the heading.

     The drawing is different than the specimens, which are the

actual tags or labels (for goods) or advertisements (for

services) which evidence use of the mark in commerce. The

drawing is a black and white, or typed, rendition of the mark

which is used in printing the mark in the Official Gazette and

on the registration certificate. A copy of the drawing is also

fried in the paper records of the Trademark Search Library to

provide notice of the pending application.

     Heading. Across the top of the drawing, beginning one inch

from the top edge and not exceeding one third of the sheet,

list on separate lines:

  -- Applicant's name;

  -- Applicant's post office address;

  -- The goods or services specified in the application (or

     typical items of the goods or services if there are many

     goods or services listed);

  -- Only in an application based on use in commerce--the date

     of first use of the mark anywhere in the U.S. and the date

     of first use of the mark in commerce;

  -- Only in an application based on a foreign application--the

     filing date of the foreign application.

     Typed drawing. If the mark is only words, or words and

numerals, and the applicant does not wish the registration to

be issued for a particular depiction of the words and/or

numerals, the mark may be typed in capital letters in the

center of the page.

     Special form drawing. This form must be used if the

applicant wishes the registration for the mark to be issued in

a particular style, or if the mark contains a design element.

The drawing of the mark must be done in black ink, either with

an india ink pen or by a process which will give satisfactory

reproduction characteristics. Every line and letter, including

words, must be black. This applies to all lines, including

lines used for shading. Half-tones and gray are not acceptable.

All lines must be clean, sharp, and solid, and not be fine or

crowded. A photolithographic reproduction, printer's proof or

camera ready copy may be used if otherwise suitable.

Photographs are not acceptable. Photocopies are acceptable only

if they produce an unusually clear and sharp black and white

rendering. The use of white pigment to cover lines is not


     The preferred size of the drawing of the mark is 2 1/2" x

2 1/2", and in no case may it be larger than 4" x 4". The

Patent and Trademark Office will not accept an application with

a special form drawing depicted larger than 4" by 4" and will

return the application without processing. If the amount of

detail in the mark precludes clear reduction to the required 4"

x 4" size, such detail should not be shown in the drawing but

should be verbally described in the body of the application.

     Where color is a feature of a mark, the color or colors

may be designated in the drawing by the linings shown in the

following chart:

3. Specimens (Examples of Use)

     TRADEMARKS may be placed on the goods; on the container

for the goods; on displays associated with the goods; on tags

or labels attached to the goods; or, if the nature of the goods

makes such placement impractical, then on documents associated

with the goods or their sale. Service marks may appear in

advertisements for the services, or in brochures about the

services, or on business cards or stationary used in connection

with the services.

     For an application based on actual use of the mark in

commerce, the applicant must furnish three examples of use, as

described in the paragraph above, when the application is

filed. The Patent and Trademark Office will not accept an

application based on use in commerce without at least one

"specimen" and will return it to the applicant without


     The three "specimens" may be identical or they may be

examples of three different types of uses. The three specimens

should be actual labels, tags, containers, displays, etc. for

goods; and actual. advertisements, brochures, store signs or

stationary (if the nature of the services is clear from the

letterhead or body of the letter), etc. for services. Specimens

may not be larger than 8 1/2" by 11" and must be capable of

being arranged flat. Three-dimensional or bulky material is not

acceptable. Photographs or other reproductions clearly and

legibly showing the mark on the goods, or on displays

associated with the goods, may be submitted if the manner of

affixing the mark to the goods, or the nature of the goods, is

such that specimens as described above cannot be submitted.

4. Filing Fee

     THE fee, effective April 17, 1989, is $175 for each class

of goods or services for which the application is made. (See

International Classification of Goods and Services on inside

back cover.) At least $175 must be submitted for the

application to be given a filing date. All payments should be

made in United States specie, treasury notes, national bank

notes, post office money orders, or certified checks. Personal

or business checks may be submitted. The Patent and Trademark

Office will cancel credit if payment cannot be collected. Money

orders and checks should be made payable to the Commissioner of

Patents and Trademarks. Money sent by mail to the Patent and

Trademark Office will be at the risk of the sender; letters

containing cash should be registered. Remittances made from

foreign countries must be payable and immediately negotiable in

the United States for the full amount of the fee required.

Application fees are non-refundable.


     AN applicant who alleges only a bona fide intention to use

a mark in commerce must make use of the mark in commerce before

a registration will be issued. After use begins, the applicant

must submit, along with specimens evidencing use (see page 8)

and a fee of $100 per class of goods or services in the

application, either (1) an Amendment to Allege Use or (2) a

Statement of Use. The difference between the two filings is the

timing of the filing. Copies of each of these forms appear in

the back of this booklet behind the application form. See the

instructions and information concerning the filing of these

forms on the back of each form.

     Also in the back of this booklet is a form entitled

"Request for Extension of Time under 37 CFR 2.89 to File a

Statement of Use, with Declaration." This form is intended for

use only when. an applicant needs to request an extension of

time to file a statement of use. See the instructions and

information concerning the use of this form on the back of the



     DOMESTIC REPRESENTATIVE. Applicants not living in the

United States must designate by a written document the name and

address of some person resident in the United States on whom

notices of process in-proceedings affecting the mark may be

served. This person will also receive all official

communications unless the applicant is represented by an

attorney in the United States.


     THE application and all other communications should be

addressed to "The Commissioner of Patents and Trademarks,

Washington, D.C., 20231." It is preferred that the applicant

indicate its telephone number on the application form. Once a

serial number is assigned to the application the applicant

should refer to this number in all telephone and written

communications concerning the application.


     The Federal registration of trademarks is governed by the

Trademark Act of 1946, 15 U.S.C. See. 1051 et seq.; the Rules,

37 C.F.R. Part 2; and the Trademark Manual of Examining


General Trademark or Patent Information:

(703) 557-INFO

Status Information for Particular Trademark Applications:

(703) 557-5249

General Copyright Information:

(202) 479-0700

International schedule of classes of goods and services


  1  Chemicals products used in industry, science, photography,

     agriculture. horticulture, forestry, artificial and

     synthetic resins; plastics in the form of powders, liquids

     or pastes, for industrial use; manures (natural and

     artificial); fire extinguishing compositions; tempering

     substances and chemical preparations for soldering;

     chemical substances for preserving foodstuffs; tanning

     substances; adhesive substances used in industry.

  2  Paints, varnishes. lacquers; preservatives against rust

     and against deterioration of wood; colouring matters,

     dyestuffs; mordants; natural resins; metals in foil and

     powder form for painters and decorators.

  3  Bleaching preparations and other substances for laundry

     use; cleaning, polishing, scouring and abrasive

     preparations; soaps; perfumery, essential oils, cosmetics,

     hair lotions; dentifrices.

  4  Industrial oils and greases (other than oils and fats and

     essential oils); lubricants; dust laying and absorbing

     compositions; fuels (including motor spirit) and

     illuminants; candles, tapers, night lights and wicks.

  5  Pharmaceutical, veterinary, and sanitary substances;

     infants' and invalids' foods; plasters, material for

     bandaging; material for stopping teeth, dental wax,

     disinfectants; preparations for killing weeds and

     destroying vermin.

  6  Unwrought and partly wrought common metals and their

     alloys; anchors, anvils, bells, rolled and cast building

     materials; rails and other metallic materials for railway

     tracks; chains (except driving chains for vehicles);

     cables and wires (nonelectric); locksmiths' work; metallic

     pipes and tubes; safes and cash boxes; steel balls;

     horseshoes; nails and screws; other goods in nonprecious

     metal not included in other classes; ores.

  7  Machines and machine tools; motors (except for land

     vehicles); machine couplings and belting (except for land

     vehicles); large size agricultural implements; incubators.

  8  Hand tools and instruments; cutlery, forks, and spoons;

     side arms.

  9  Scientific, nautical, surveying and electrical apparatus

     and instruments (including wireless), photographic,

     cinematographic, optical, weighing, measuring,

     signalling, checking (supervision), life-saying and

     teaching apparatus and instruments; coin or counterfreed

     apparatus; talking machines; cash registers; calculating

     machines; fire extinguishing apparatus.

 10  Surgical, medical, dental, and veterinary instruments and

     apparatus (including artificial limbs, eyes and teeth).

 11  Installations for lighting, heating, steam generating,

     cooking, refrigerating, drying, ventilating, water supply,

     and sanitary purposes.

 12  Vehicles; apparatus for locomotion by land, air or water.

 13  Firearms; ammunition and projectiles; explosive

     substances; fireworks.

 14  Precious metals and their alloys and goods in precious

     metals or coated therewith (except cutlery, forks and

     spoons); jewelry, precious stones, horological and other

     chronometric instruments.

 15  Musical instruments (other than talking machines and

     wireless apparatus).

 16  Paper and paper articles, cardboard and cardboard

     articles; printed matter, newspaper and periodicals,

     books; bookbinding material; photographs; stationery,

     adhesive materials (stationery); artists' materials; paint

     brushes; typewriters and office requisites (other than

     furniture); instructional and teaching material (other

     than apparatus); playing cards; printers' type and cliches


 17  Gutta percha, india rubber, balata and substitutes,

     articles  made from these substances and not included in

     other classes; plastics in the form of sheets, blocks and

     rods, being for in manufacture; materials for packing,

     stopping or insulating; asbestos, mica and their products;

     hose pipes (nonmetallic).

 18  Leather and imitations of leather, and articles made from

     these materials and not included in other classes; skins,

     hides; trunks and travelling bags; umbrellas, parasols and

     walking sticks; whips, harness and saddlery.

 19  Building materials, natural and artificial stone, cement,

     lime, mortar, plaster and gravel; pipes of earthenware or

     cement; roadmaking materials; asphalt, pitch and bitumen;

     portable buildings; stone monuments; chimney pots.

 20  Furniture, mirrors, picture frames; articles (not included

     in other classes) of wood, cork, reeds, cane, wicker,

     horn, bone, ivory, whalebone, shell, amber,

     mother-of-pearl, meerschaum, celluloid, substitutes for

     all these materials, or of plastics.

 21  Small domestic utensils and containers (not of precious

     metals, or coated therewith); combs and sponges; brushes

     (other than paint brushes); brushmaking materials;

     instruments and material for cleaning purposes, steel

     wool; unworked or semi-worked glass (excluding glass used

     in building); glassware, porcelain and earthenware, not

     included in other classes.

 22  Ropes, string, nets, tents, awnings, tarpaulins, sails,

     sacks; padding and stuffing materials (hair, kapok,

     feathers, seaweed, etc.); raw fibrous textile materials.

 23  Yarns, threads.

 24  Tissues (piece goods); bed and table covers; textile

     articles not included in other classes.

 25  Clothing, including boots, shoes and slippers.

 26  Lace and embroidery, ribands and braid; buttons, press

     buttons, hooks and eyes, pins and needles; artificial


 27  Carpets, rugs, mats and matting; linoleums and other

     materials for covering existing floors; wall hangings


 28  Games and playthings; gymnastic and sporting articles

     (except clothing); ornaments and decorations for Christmas


 29  Meats, fish, poultry and game; meat extracts; preserved,

     dried and cooked fruits and vegetables; jellies, jams;

     eggs, milk and other dairy products; edible oils and fats;

     preserves, pickles.

 30  Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee

     substitutes; flour, and preparations made from cereals;

     bread, biscuits, cakes, pastry and confectionery, ices;

     honey. treacle; yeast, baking powder; salt, mustard,

     pepper, vinegar, sauces, spices; ice.

 31  Agricultural, horticultural and forestry products and

     grains not included in other classes; living animals;

     fresh fruits and vegetables; seeds; live plants and

     flowers; foodstuffs for animals, malt.

 32  Beer, ale and porter; mineral and aerated waters and other

     nonalcoholic drinks; syrups and other preparations for

     making beverages.

 33  Wines, spirits and liqueurs.

 34  Tobacco, raw or manufactured; smokers' articles; matches.


 35  Advertising and business.

 36  Insurance and financial.

 37  Construction and repair.

 38  Communication.

 39  Transportation and storage.

 40  Material treatment.

 41  Education and entertainment.

 42  Miscellaneous.


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