The choice to submit an application to the USPTO Trademark Filing Each year, a significant number of people choose to file their taxes online. This method of submitting your application has a number of advantages, including lower filing fees and the opportunity to check on the status of your application from any computer with Internet access. Other advantages include the following: If, on the other hand, you are applying as an individual rather than as part of a company or other organisation, there are a few significant restrictions that you need to be aware of before you submit your application. In this piece, we will examine the reasons why you should file for an individual trademark online as well as the constraints that accompany the use of the TEAS Plus form rather than the TEAS Standard form.
Now that you know whether or not you can apply for trademark online, here’s what you need to know about the process:
TEAS is accessible to anyone who wants to submit an application for a trademark online so long as they meet any one of the aforementioned three requirements. This system is available for use at any stage of the application process, including the filing of an intent-to-use application, the submission of an amendment or request, the response to an office action, and other stages.
In addition, you are required to make use of TEAS in the event that you intend to make an application for a mark on your own (rather than through the assistance of legal counsel).
You need to be a citizen or resident of the United States and have a plan to use your mark within the next six months in order to be eligible to file for an individual trademark. When submitting an application for a service mark, certification mark, collective membership mark, or collective certification mark, you have the option of filing as an individual as well.
If you meet these conditions and want to apply on your own as an individual, this part will guide you through the actions you need to follow before submitting your application online. If you want to apply as a group, please see the next section.
You also need to be aware that there are two different iterations of TEAS. The first is referred to as TEAS Plus or simply TEAS+, and it comes with a number of limitations that make it far more challenging to use than the second version, which is known as TEAS Regular or TEAS Standard.
TEAS Plus is more expensive than standard because it requires a formal declaration and affidavit from you stating that your mark does not infringe any third party’s rights, including federal trademark registration. This declaration and affidavit must state that your mark is not confusingly similar to another registered trademark. Because people who do not work in law firms may find this requirement exceedingly puzzling, we strongly recommend that you do not use this version if you are an individual filing on your own behalf. However, if you do want to go with this alternative, make sure that you maintain all of the documentation pertaining to your declaration, and don’t forget that it needs to be submitted within the first thirty days of registering for registration!
To use TEAS Regular, you simply have to pay a $275 fee with each new application. There are no restrictions on what kind of mark you can register with this form of TEAS.
The benefit of using the online system is that it will automatically generate your registration certificate for you and mail it directly to you.
You will be able to access your account at any time after submitting your application and check on its status or make changes as needed. It’s also possible for an applicant who has submitted a paper application through TEAS Plus or Basic to switch over to using the electronic version if they prefer by contacting the USPTO directly (1-800-786-9199).
Before filling out either version of the USPTO Trademark Application form, it’s important to conduct a search for similar marks in the USPTO’s database. When applying as an individual over the Internet, though, you’re required to do your search through TESS (Trademark Electronic Search System), which will return any active trademarks that are identical or similar to your proposed mark.
The cost of submitting an application through TEAS Plus is $250 per class (for example, Class 16 costs $250 to submit an application). If you want to submit your taxes using the TEAS Regular method, the cost is $225 for each class (for example, $225 for Class 16). The criteria for establishing what constitutes a “regular” as opposed to a “plus” are a little bit hazy; in a nutshell, they will charge you an additional five dollars if it is more work than what they would deem to be “regular.”
It is possible to have a very straightforward experience when going through the steps necessary to register a brand name as an individual. The only requirements are that you pay a charge and fill out an internet form. If you are still unsure about whether or not this is the best option for you, there are a few things that you should consider before making a final choice.
