Filing a Trademark Application in the United States: Overview

Filing a trademark application protects the trademark from receiving registration by others without the owner’s permission. It aids in preventing others from using a trademark that is identical to yours for similar goods or services. The USPTO recommends online filing using TEAS (Trademark Electronic Application System) on its website (click here). With this, the electronic mode of filing accounts for over 85% of trademark applications.

However, before proceeding with the application, having sufficient information on the USPTO-acceptable trademarks is important. As a result, the next section discusses the several types of trademarks you can submit with the USPTO.

Also Read: Process Involved in IP India Trademark Filing

Filing a Trademark: What Types of Applications may be Filed?

The United States Patent and Trademark Office (USPTO) accepts applications for traditional, non-traditional, and collective marks. Word, design, and combination marks are examples of traditional marks. Color, shape/configuration, sound, aroma, flavor, touch, and motion marks, on the other hand, are non-traditional and non-visual marks. As a result, the necessary requirements that the USPTO expects from the respective marks are as given below.

Word Marks

Filing a trademark application for word marks must have all of the letters and words written in Latin characters, and all of the figures in Roman or Arabic numerals. There is no design element in the mark, and it solely incorporates standard punctuation or diacritical signs. There are no styled letters or numerals.

Design Mark

For mark photos, you must follow a JPG format, with a file size of 5 MB or less. A scanned image must have a resolution of 300 to 350 dots per inch, a length and width of 250 to 944 pixels, and a resolution of 300 to 350 dots per inch.

Color Mark

The applicant must show that he or she has earned individuality. Color marks are visual, so you must portray them in color drawings with (1) a color claim specifying the color(s) that are/are a feature of the mark and (2) a separate statement indicating where the color(s) appear(s) and how you employ it/them in the mark. In the color claim and location statement, you must use the generic name(s) of the color(s).

Shape Mark

This confers to the three-dimensional, configuration, shape, or design of a product or product packaging. The applicant must include a description of the mark that indicates that it is three-dimensional, as well as a sketch that depicts a single three-dimensional reproduction of the mark.

Sound Mark

The applicant must send an audio file in electronic format (.wav,.wmv,.wma,.mp3,.mpg, or.avi) that is no larger than 5 MB. The applicant must describe the sound in great detail, including any words or lyrics.

Scent or Flavour Mark

The applicant must provide sufficient evidence of acquired distinctiveness, a detailed written description of the scent or flavor, and a sample of the perfume or flavor that matches the requisite description.

Motion Mark

If the mark contains motion (i.e., a short-term repeating motion), the applicant may submit a drawing depicting either a single point in the movement or up to five freeze frames depicting various points in the movement, whichever best expresses the mark’s commercial impression. Moreover, you can also attach a specimen in.wav,.wmv,.wma,.mp3,.mpg, or.avi format to the TEAS form. Audio files should not be larger than 5 MB, and video files should not be larger than 30 MB. Also, the petitioner must also describe the motion in detail.

Touch Mark

You must represent this mark graphically.

Collective Membership Mark

Members of a cooperative, an association, or any other collective group or organization must use this mark. Moreover, you must also include a description of the nature of the membership organization, such as by type, purpose, or area of activity of the members, in the application.

Certification Mark

Any word, name, symbol, and/or device used by someone other than the owner to certify regional or another origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

Also Read: Trademark Filing Process: A Complete Overview

Why Choose Us? – The Trademark Filing Company

Before filing a trademark application, you must determine whether or not you require trademark filing support. Every year, the USPTO receives over one million trademark applications, with just 60% of them being approved. Even a passing resemblance or misunderstanding can result in rejection. As a result, it is advisable to seek professional help in this regard. The trademark filing firm offers expert assistance with USPTO trademark filing, search, and monitoring services. Because our professionals have years of experience, we can guarantee the quality of our services. We also deliver high-quality results and several iterations to ensure complete customer satisfaction. Visit The Trademark Filing Company for more information.