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Trademark Application

Requirements of Trademark Drawing

Requirements of Trademark Drawing

When submitting the required trademark drawing 
When a trademark drawing includes a color component, the application must be submitted with a document referred to as a “color claim”, and a statement as to how the trademark uses color. For instance, it should be indicated whether the color being used is based on an established and commercially offered color scheme.
The visual details used in a trademark drawing should comprise only the mark being proposed, without additional or contextual images. The symbols used in registration (®) or classification (TM, SM), for instance, should be excluded from the trademark drawing.
When submitting a trademark drawing through the online TEAS service, the image file must be in the JPEG format. If the trademark drawing includes a color element, then the colors should be rendered through the RGB (red, green, blue), and not the CYMK (cyan, yellow, magenta, key black) scheme.
If the trademark drawing is being presented in black and white, then it must be rendered through a black and white process, or otherwise the trademark drawing will be appear to be multicolored. The range of pixels which can be interpreted by the TEAS scanner can be rendered between 994 and 250, and with the dots per inch (DPI) falling between 300 and 350.
If the trademark drawing does not include a design component, it may be submitted as a standard drawing. The permissible symbols to be displayed in such a filing are specified in the standard character set of the Patent and Trademark Office. A trademark lying outside those bounds must be submitted as a stylized trademark drawing.

Know The Drawing Section 2.5

Know The Drawing Section 2.5

The purpose of a trademark drawing is to show the supervising official from the USPTO, the examining attorney, a clear idea of how the trademark will be displayed to consumers. The trademark drawing can be distinguished from a specimen, another required component of the application, which the Patent and Trademark Office describes as a “real-world example” of the way in which the trademark will be displayed, often in the form of a prototype of the actual item on which the trademark is being or will be displayed.
A trademark drawing may be presented in either standard or stylized form. Standard trademark drawings are presented in the event that no design component is included in the specific details of the trademark, as may be otherwise included in the form of visual style or color elements. 
To specify the kinds of numerals, letters, and punctuation marks that are allowed for a standard or a stylized trademark drawing, the USPTO makes available to applicants a “Standard Character Set” with all of the permissible symbols. In the instance of a stylized trademark drawing which does have a color component, the desired color must be included in order to be registered as part of the trademark. 
In addition to the visual representation of the color, a trademark drawing will also be submitted with two statements on the color being used, a “color claim” and the “color description”. The color description differs from the claim in clarifying how and where the color component will be used.
The USPTO specifies sheets of paper 8½ inches wide by 11 inches long for the physical documentation of a trademark drawing, and the formatting as a JPEG file for a trademark drawing delivered through the TEAS function. In a paper copy, the trademark drawing itself should not exceed the dimensions of 3½ by 3½. 
Though no additional details on the design of trademarks are permitted, pertinent information included with a trademark application, in paper form at the top of the page, will include the name and address of the applicant, the kind of good or service it will be used in connection with, and whether it is currently being used or will be used in the near future.

Trademark Application

Trademark Application

The process of filing a trademark application is effected in the United States by the United States Patent and Trademark Office (USPTO). A trademark is a concise means of identifying to a consumer that a particular product and service came from a recognized source, which may be expressed in written language, visual design, or some combination of the two. 
The registration provided through the trademark application performed by the USPTO is not required in order for a trademark to be displayed as such. However, the formality of going through the process is strongly recommended by the USPTO in the interests of being able to claim sole ownership of a trademark in a court of law. 
The trademark application system primarily acts in the mode of allowing owners access to legal protective measures, but is essentially conceived of as an aid for allowing consumers to be aware of the provenance of the good and services they want and require.
In filing for a trademark application in the United States, American citizenship is not required, but proof of whatever citizenship the applicant does claim will be required and included with the document of registration. 
Though American-issued trademarks are not by themselves valid in other nations, successful applicants will be able to file an internationally based trademark application under the Madrid Protocol agreement. In order to ensure that a trademark has not already been issued, the USPTO offers a viewable online database through the Trademark Electronic Search System (TESS).
The general regulations for the trademark application process are provided through United States legislation. The relevant provisions may be found in Chapter 3 of Title 15 of the United States and Chapter 1, Title 17C.F.R., of the Federal Regulations for Trademarks. 
More specific stipulations on trademark application processes come from the Rules of Practice in Trademark Cases (17 CFR), and Chapter 1 of Title 17 C.F.R. of the Federal Regulations for Trademarks. Guides for evaluating the validity of proposed trademarks are provided by the Design Search Code Manual, the Manual of Trademark Examining Procedures (TMEP), and the Trademark Acceptable Identification of Goods and Service Manual.

Amendment of Trademark Application

Amendment of Trademark Application

In the process of filing trademark applications, an important factor in gaining final approval is demonstrating to the United States Patent and Trademark Office
The purpose of publication of a trademark being considered for registration in the Official Gazette is to allow potential objections, such as claims of a lack of originality in the trademark, to be made and considered by the USPTO. Thirty days are allowed for such complaints to be aired. After that time, the Office will issue a Notice of Allowance. This document gives approval to the content of the trademark as original and otherwise permissible but does not allow for its final registration under law as a proprietary means for commerce. 
For trademark applications to receive final approval under law, they must be used in the six months after the granting of the Notice of Allowance. After it has been used, the application may submit a Statement of Use, as with the Amendment to Allege use for a fee of $100. 
The period which intervenes between the publication and Notice of Allowance is a black-out period, during which the USPTO will not accept any other documents for trademark applications. After the Notice of Allowance, Extension Requests can be granted upon consideration for a total of five times, each comprising six months and each costing $150 according to the class of the good or service described by the trademark.

The Content of a Trademark Application

The Content of a Trademark Application

When making trademark applications for registration under the United States Patent and Trademark Office 
Another component of a standard trademark application is a description of the goods and/or services which the trademark will be used in conjunction with. These should be expressed in language accessible to the layperson, as opposed to more specialized terms used only in that particular field. Yet, it should still be specific in its description. 
A trademark application must also express to the USPTO the ability of the applicant to make use of the image. This may be accomplished by either specifying that the trademark is currently in use, or that there is an intent to use.Various fees are incurred when creating a trademark application. The basic fee for submitting the actual trademark application may amount to either $275, $325, or $375. In the first two cases of trademark applications of varying classes being submitted through the online Trademark Electronic Application System, and the latter in instances in which a paper document is filed. Other fees are likely to be incurred at a later stage of the process.