Trademark Questionnaire

Applicant Type(Required)

Individual

Entity

Whether or not to file in the name of an individual or an entity is often a matter of corporate and tax law rather than trademark law.

For companies and organizations in the United States, it is usually a good idea to check the online records of the relevant Secretary of State before filing to make sure that the applicant exists and is active (an application may be void if the wrong party is identified). Most all Secretaries of State have user-friendly websites that make searching for entities and their status quick and easy.

Individual

Individual Applicant(Required)

First Last

Domicile Address(Required)

Street Address Address Line 2 City State ZIP Code

Cannot be a PO Box or "care of" address

Country of Citizenship(Required)

Applicant Email Address(Required)

Required as of Feb 15, 2020

Applicant Phone

Optional

Entity

Name of Representative

First Last

Entity Name(Required)

Principal place of business(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Entity type(Required)

Corporation

Limited Liability Company

Partnership

Other

(e.g., corporation, limited liability company, partnership)

Jurisdiction of organization(Required)

(usually state or nation)

Email Address of Entity(Required)

The state of organization and the name and citizenship of the sole proprietor

Name

Role

(if applicant is a sole proprietorship)

The names and citizenship of the active members of the joint venture

Name

Role

(if applicant is a domestic joint venture)

The names and citizenship of general partners

Name

Role

(if applicant is a domestic partnership)

The Mark

Trade dress (i.e., product configuration or packaging) falls under the design mark designation. For a more detailed discussion on trade dress, see Trade Dress Fundamentals. A standard character mark can be displayed in capital letters, lower case letters, numbers, or a combination thereof. Standard character marks are afforded the broadest protection; the words, letters, and/or numbers of such marks are protected in any stylized font or as part of any design. Given this level of protection, an applicant should apply to register a mark in stylized form or as part of a design only if the stylization or design is an important component of the mark. For example, The Coca-Cola Company protects its mark COCA-COLA in its well-known script font because the stylization is an important part of the brand. Another issue to consider is whether a stylization or design will change down the road. This is relevant because to maintain the registration obtained, the registrant will need to prove use of the mark in substantially the same form between the fifth and sixth year after registration (and every ten years from the date of registration). Thus, if the font or design is likely to change, it may be prudent to file for the mark in standard characters. (For more on maintenance obligations, see Trademark Registrations: Maintenance and Renewal.) Where the mark is shown in stylized letters or as a design, you must submit the proposed mark in a .jpg file, and if such a mark includes a word, letter, or number, you must enter the "literal" element of the mark (i.e., the actual wording, lettering, or numbering). For design marks, you must also submit a description of the significant features of the mark. For example, Nike may describe the NIKE and Swoosh Design as follows: "the mark consists of the term NIKE above a wing design." Applicants for design marks must also consider whether to file the applied-for mark in color or in black and white. The protection of a color mark is limited to the color(s) identified in the application, whereas a black and white mark protects use of the mark in any color. Thus, applicants should file in color only if color is an important feature of the mark. If the applicant claims color, you must: •Submit a color image of the drawing in .jpg format •Identify the color(s) by their generic names •Indicate where the color(s) appear in the mark Otherwise, the image submitted must be a clear black-and-white drawing.

Form of Applied-for Mark(Required)

Standard characters

Stylized letters

A design

A sound or color

Additional Statements

For example, if an applicant is applying to register the mark ZENITH PRINTERS for computer printers, it should offer to disclaim exclusive rights to the word "printers" apart from the overall mark. Or if the mark refers to the name of someone now deceased, the applicant should indicate that the mark does not identify any living individual. For more information on disclaimers, see Gilson on Trademarks § 3.05[2][f].

Do any of these apply(Required)

A disclaimer of descriptive elements

Translation of foreign words

Ownership of a prior registration

None

Upload Mark or Design Specimen(s)(Required)

Drop files here or

Max. file size: 32 MB.

Is the mark color specific?(Required)

Submit a color image of the drawing in .jpg format

Identify the color(s) by their generic names

Indicate where the color(s) appear in the mark

Color Image of Mark

Drop files here or

Max. file size: 32 MB.

Identification of Goods/Services and Classification

The application must identify the goods and services offered or intended to be offered under the mark. An applicant may wish to identify the goods or services broadly for two main reasons: •To increase the scope of protection of the mark •The USPTO does not allow amendments that broaden the original identification of goods and services (only amendments that narrow or clarify them) However, the USPTO ultimately requires the goods and services to be described with specificity, and frequently requests amendments that provide for such specificity. For example, while it is permissible to identify "clothing" in an initial application, the USPTO would generally require the applicant to itemize the specific types of clothing (e.g., t-shirts and pants) before approving the application for registration. Also bear in mind that it is not necessary to identify each and every item provided or intended to be provided under the mark in order to adequately protect the mark. Under the "related goods" doctrine in U.S. trademark law, the mark would receive protection for those goods and services which are closely related to the ones included in the application. For example, an application including t-shirts would likely protect use of the mark in connection with long sleeve shirts, but not in connection with mobile devices.

Which class most fits your service/product?

Filing Basis

Select One

Current use of the mark in U.S. commerce

Intent-to-use the mark in U.S. commerce

Country of origin registration (i.e., registration of substantially the same mark in the applicant’s country of origin)

An earlier-filed foreign application (if the U.S. application is filed within six months of the foreign application)

Date of First Use

You should recommend that clients maintain business records showing each first use date listed in the application, which could be important evidence if a question of priority arises down the line.

You must also submit a current “specimen of use” for any one item in each class of goods and/or services listed in the application and describe each specimen. (Even though only one specimen per class is required, some attorneys ask their clients for specimens for each separate good or service so as to reduce the possibility of over-claiming.) For goods, the specimen may consist of materials such as photographs or photocopies showing the mark as applied directly to the goods or to their packaging, labeling, or tags. For services, the specimen may consist of advertising or promotional materials. Importantly, advertising or promotional material is usually not considered a proper specimen of use for goods. The specimen may be submitted as a .jpg or .pdf file. For sample specimens of use, see Specimens of Use Chart.

Specimen of Use

Drop files here or

Max. file size: 32 MB.