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PTO Form 2131 (07/31/2009)
OMB No. 0651-0051 (Exp. 07/31/2009)
United States Patent and Trademark Office
Application for International Registration
INSTRUCTIONS FOR APPLICATION FOR INTERNATIONAL REGISTRATION
NOTE: If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from TEAS@uspto.gov are
not falsely identified as spam or junk.
1.
Important Filing Requirement:
You may file this application for International Registration only if the applicant is either a national of the United
States or the applicant has either (1) a domicile in the United States or (2) a real and effective commercial
establishment in the United States. If there is more than one owner, each must satisfy this filing requirement.
2.
To navigate through each separate section of this form
Do not use your browser's "Back" or "Forward" buttons. Instead, use the "< Previous" or "Next >"
buttons at the bottom of each section of the form. As you navigate through the sections, each section is
validated before the next section is displayed. If there are any errors, you must fix them before proceeding to the
next section. To save data already entered within a section, you must first click on "Next" prior to
using the "Previous" button to return to any previous section.
3.
To file the application electronically, please complete the following steps:
{ Complete all fields for which information is known. Fields prefaced with an asterisk (*) are required
fields for filing purposes and must be completed.
{ Use the Pay/Submit button at the bottom of the Validation Page. After accessing the proper screen for
payment and making the appropriate entries, you will receive a confirmation screen if your transmission
was successful.
{ You will also receive an e-mail acknowledgement of your submission providing a summary of your filing.
Please contact TEAS@uspto.gov within 24 hours of transmission (or by the next business day) if you do
not receive this e-mail acknowledgement.
4.
Help Instructions:
Each field name links to the relevant section of the "HELP" instructions that will appear at the bottom of the
screen.
c Check here if you do not want the scrolling help to display automatically at the bottom of each screen in
d
e
f
g
the instructions page, AND/OR if the screen reader must allow the filer to enter the information with no
problems.
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Next >
5.
Contact Information:
If you need help resolving technical glitches, you can e-mail us at TEAS@uspto.gov. For general information
about the Madrid Protocol, please contact the Madrid Processing Unit at MPU@uspto.gov, or (571) 272-8910.
Please include your telephone number in your e-mail so we can talk to you directly, if necessary. Or, to view the
information provided by the International Bureau concerning the Madrid System for the international registration
of marks, click Madrid System for the International Registration of Marks.
6.
Browser Requirement:
IMPORTANT: To use this form successfully, please note the following requirements:
1. You must use one of the following browsers: Internet Explorer 5.5+; Netscape 7.0+; Mozilla/FireFox
1.0+. You can NOT use Netscape 4.x;
2. You must have the cookies and javascript features of your browser enabled;
3. Do NOT use your browser's "BACK" or "FORWARD" buttons at any time to navigate through any
portion of this form. Always use the navigational tools provided specifically at the bottom of the form
pages; and
4. If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate
emails from TEAS@uspto.gov are not falsely identified as spam or junk.
7.
Other:
NOTE: This form has a session time limit of 60 minutes. A session begins once you create and enter
the form via the Form Wizard. If you exceed the 60 minute time limit, the form will not validate and
you must begin the entire process again; however, you can extend the time limit. You are encouraged
to have all information required to complete the form available prior to starting your session.
Application for International Registration (MM2) Wizard Section
Page 1
PTO Form 2131 (07/31/2009)
OMB No. 0651-0051 (Exp. 07/31/2009)
United States Patent and Trademark Office
Application for International Registration
SELECTION OF FORM TYPE FOR APPLICATION FOR INTERNATIONAL REGISTRATION
What type of form do you wish to use?
PRE-POPULATED FORM
(Use for one U.S. serial/registration number; narrowing of goods/services and/or substitute color drawing are
permissible data change within this form.)
Enter the one U.S. serial number or registration number as the basis of this International Application.
Enter the number with NO punctuation or other symbols included.
OR
FREE-TEXT FORM
(Use for multiple U.S. serial/registration numbers and/or for cases that do not yet appear in TARR and/or if
changing data other than only narrowing goods/services and/or substituting color drawing.)
Enter the U.S. serial number(s) or registration number(s) as the basis of this International Application. Separate
multiple numbers with a comma.
Enter the number with NO punctuation or other symbols included.
The pre-populated form will automatically display the exact information that is already in the USPTO
database for one specific U.S. serial number or registration number. If you do not change any data
fields, then the pre-populated form will directly submit information that must be certified to WIPO's
International Bureau (IB), without independent review of this data at the USPTO. Alternatively, this
form may be used where certain data fields can be changed (e.g., either narrowing the scope of the
identification of goods and/or recitation of services in the U.S. application or registration, and/or
substituting a color drawing of the mark, where the original mark is shown in the USPTO database as
a black-and-white image); however, if any data field is changed, an independent review of this data
at the USPTO must occur prior to submission as certified to the IB.
i
The free-text form must be used if 1) the application for International Registration is being based on
more than one U.S. serial number or registration number; 2) data is being changed in any way other
than only narrowing the scope of the identification of goods and/or recitation of services in the U.S.
application or registration and/or substituting a color drawing of the mark, where the original mark is
shown in the USPTO database as a black-and-white image; or 3) the U.S. application being used as
the basis is not yet loaded into the Office's database at the time of filing, e.g., immediately after an
application was filed. Information on this form is not automatically certified, and will not be
submitted electronically directly to the IB. Instead, the form will be routed to the USPTO's Madrid
Processing Unit for review, for subsequent certification, if appropriate.
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Privacy Policy Statement
The information collected on this form allows an applicant to file an international application through the USPTO to the International Bureau of the
World Intellectual Property Organization. This collection of information is required by 15 U.S.C. 1141a. All information collected will be made public.
Gathering and providing the information will require an estimated 15 minutes. Please direct comments on the time needed to complete this form and/or
suggestions for reducing this burden to the Chief Information Officer, USPTO, P.O. Box 1450, Alexandria, VA 22313. Under the Paperwork Reduction
Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
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APPLICATION FOR INTERNATIONAL REGISTRATION
HELP INSTRUCTIONS
37 C.F.R. § 7.11(a). Requirements for international application originating from the United States.
The United States Patent and Trademark Office (USPTO) will grant a date of receipt to an international application that is
submitted through the Trademark Electronic Application System (TEAS) and contains all of the following:
1. The filing date and serial number of the basic application and/or the registration date and
registration number of the basic registration;
2. The name of the international applicant that is identical to the name of the applicant or registrant as
it appears in the basic application or basic registration and applicant’s current address;
3. A statement that the applicant is entitled to file an international application in the USPTO,
specifying that applicant:
(i) is a national of the United States;
(ii) has a domicile in the United States; or
(iii) has a real and effective industrial or commercial establishment in the United States. Where an
applicant’s address is not in the United States, the applicant must provide the address of its U.S.
domicile or establishment.
4. An e-mail address for receipt of correspondence from the USPTO.
5. A reproduction of the mark that is the same as the mark in the basic application and/or registration.
6. A color claim as set out in § 7.12, if appropriate;
7. A description of the mark that is the same as the description of the mark in the basic application or
registration, as appropriate;
8. An indication of the type of mark if the mark in the basic application and/or registration is a threedimensional mark, a sound mark, a collective mark or a certification mark;
9. A list of the goods and/or services that is identical to or narrower than the list of goods and/or
services in each claimed basic application or registration and classified according to the Nice
Agreement Concerning the International Classification of Goods and Services for the Purposes of
the Registration of Marks;
10. The USPTO certification fee, the international application fees for all classes, and the fees for all
designated Contracting Parties identified in the international application.
Instruction Section:
Extend the time limit: The 60-minute period is not an "absolute" period; i.e., you do not have to
complete the form, start to finish, within 60 minutes. If the USPTO's server does not detect any activity at
all within 60 minutes, it will end your session at the 60-minute point. HOWEVER, at 54 minutes into
your session, you will receive a pop-up window warning you that your session will expire in six minutes
(it will actually provide the precise "end" time within the window, such as 11:29:14 EST).
To "renew" your session, you simply need to click on the "OK". button at the bottom of the pop-up
window, and you will automatically get another 60 minute time period. If you do not click on the button
within the remaining six minutes of the session, your session will completely end at the 60-minute mark,
TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
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and you will be returned directly to the initial form wizard to start the process again.
Form Selection:
Pre-Populated Form: The pre-populated form will automatically display the exact information that is
already in the USPTO database for one specific U.S. serial number or registration number. If you do not
change any data fields, then the pre-populated form will directly submit information that must be certified
to WIPO's International Bureau (IB), without independent review of this data at the USPTO.
Alternatively, this form may be used where certain data fields can be changed (e.g., either narrowing the
scope of the identification of goods and/or recitation of services in the U.S. application or registration,
and/or substituting a color drawing of the mark, where the original mark is shown in the USPTO database
as a black-and-white image); however, if any data field is changed, an independent review of this data at
the USPTO must occur prior to submission as certified to the IB.
Free-Text Form: The free-text form must be used if 1) the application for International Registration is
being based on more than one U.S. serial number or registration number; 2) data is being changed in any
way other than only narrowing the scope of the identification of goods and/or recitation of services in the
U.S. application or registration and/or substituting a color drawing of the mark, where the original mark is
shown in the USPTO database as a black-and-white image; or 3) the U.S. application being used as the
basis is not yet loaded into the Office’s database at the time of filing, e.g., immediately after an
application was filed. Information on this form is not automatically certified, and will not be submitted
electronically directly to the IB. Instead, the form will be routed to the USPTO's Madrid Processing Unit
for review, for subsequent certification, if appropriate.
Account at WIPO's International Bureau:
To open a current account for the settlement of fees at WIPO's International Bureau, you must file a signed request for the
opening of the account, together with the payment of an initial deposit, at the following address:
World Intellectual Property Organization (WIPO)
Finance Division - Income Section
34, chemini des Colombettes
Switzerland
Facsimile: (41 22) 734 46 93
E-mail: receipts.mail@wipo.int
The request must specify all relevant information as to the identity and address of the person or the
organization in whose name the account is to be opened. The current accounts will be kept only in Swiss
francs at the headquarters of WIPO in Geneva. You may determine the amount of the initial deposit in
light of filing requirements, although an initial deposit of 5,000 Swiss francs is recommended. An amount
sufficient to cover all fees must always be on deposit in the account. The payment of the initial deposit, as
well as subsequent payments replenishing the account, should be effected in Swiss francs. If not in Swiss
francs, the payment will be accepted, provided that (1) the currency in question is freely convertible into
Swiss francs; and (2) the amount of the payment will then be converted, for deposit into the current
account, into Swiss francs at the rate of exchange obtained.
1. Check drawn on Swiss or foreign bank made payable to WIPO/OMPI, sent to:
World Intellectual Property Organization (WIPO)
Finance Division - Income Section
34 chemin des Colombettes
1211 Geneva 20
Switzerland
referencing "to the credit of my current account No ......"
2. Direct bank transfer to:
Bank name: Credit Suisse - 1211 Geneva 70 - Switzerland
TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
Account name: WIPO/OMPI
Account number (IBAN): CH35 0425 1048 7080 8100 0
SWIFT code: CRESCH ZZ12A
referencing "to the credit of my current account No ......"
3. Transfer to WIPO postal account No 12-5000-8 - Geneva - Switzerland,
referencing "to the credit of my current account No ......"
As soon as a current account has been opened, its number will be communicated to the account holder.
This number must be provided when authorizing the charging of fees to the account. The finance Section
of WIPO will enter debits on the current account, in chronological order of receipt, of transactions to be
made.
A current account may only be debited on the basis of a written request made by the account holder.
Requests relating to trademarks may be placed with a national office and will be acted upon when
transmitted to WIPO. Completion of the Fee Calculation sheet attached to the request form being part of
an International Application, with the authorization to debit the current account, will be considered as a
written request.
The debit order must contain the particulars necessary to identify clearly the purpose of the payment, and
must indicate the number of the account to be debited. No transaction that would result in an account
overdraft will be made. An authorization to charge a fee to a current account will not be considered
payment of the fee unless sufficient funds are present in the account to cover it.
Each month, a detailed statement of the transactions recorded in respect of the account for that preceding
month will be sent to the account holder. The account holder must immediately, upon receipt of the
statement, inform WIPO of any error. Also, the holder of the current account will receive an
acknowledgment of receipt for each deposit received into the current account.
Access to current account information is available from the WIPO web site. For further information, email receipts.cc@wipo.int.
Mark Section
Standard Character Set: For entry of a mark at Option #1, the entered character(s) must appear in the
accepted standard character set. From the entry made, the USPTO will create a JPG image file of the
mark, required for proper processing.
Properly-Sized JPG/JPEG image file: All black-and-white jpg images and color jpg images must be
scanned at no less than 300 dots per inch and no more than 350 dots per inch, and with a length and width
of no less than 250 pixels and no more than 944 pixels; e.g., a valid pixel dimension is 640 X 480 pixels.
To ensure your image file meets these requirements, you can use a free graphic viewer, e.g., Irfanview. If
you cut-and-paste an image into Irfanview, or open an image file using the program, select "Image" from
the tool bar and "Information" from the drop-down choices to view the current DPI and pixel dimensions.
If your image is not in the proper dimension, you can use Irfanview to change the DPI and pixel
dimensions: 1) Select "Image" from the tool bar; 2) Select "Resize" from the drop-down choices; 3) Set
the DPI to 300 - 350 and change the pixel dimension to within the accepted range of 250 X 944; 4) If the
new image file looks acceptable to you in the new dimensions, save the image file, by selecting "File"
from the tool bar and using the "Save As" feature to save the file as a JPG image. If the image is not clear,
do not submit the image. Instead, seek the assistance of a graphic artist to create the properly-sized jpg
file.
Black and White: The "ideal" "black-and-white" image would consist of only two colors, namely, black
and white. Unfortunately, due to limitations within the existing JPEG format, that is impossible. Instead,
the "best" possible image will be a grayscale image that is as close to black and white as possible. This
grayscale image can be created by image editors that will save the image in 8-bit JPEG, which eliminates
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TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
all color elements from the JPEG image. When scanning your image file, you should confirm that the
settings on your scanner are set to create a black-and-white or grayscale JPEG, not a color image. If you
submit a black-and-white or grayscale image that has colors associated with it, WIPO will reject the
image and you will receieve an irregularity on your application. To decrease the color depth in an existing
JPEG image to only grayscale (and as close to pure "black-and-white" as possible), you can use a free
graphic viewer, e.g., Irfanview. If you copy-and-paste an image into Irfanview, you can decrease the color
depth to two colors by following these steps: 1) Select "Image" from the tool bar; 2) Select "Decrease
Color Depth" from the drop-down menu; 3) Select "2 colors, black and white;" 4) Click "ok;" 5) Confirm
view of image as a pure black and white image; 6) Select "File" from the tool bar and select "Save As;" 7)
Select "Save as grayscale JPEG" that appears in a popup window titled "JPEG/GIF save options"; 8) Save
the image as a JPEG; and 9) Attach this image to your application as your proper black-and-white mark
image. If you are not able to reproduce your mark as a pure black-and-white image, you should seek the
assistance of a graphic artist. NOTE: The form will "reject" a "black-and-white" image that has colors
associated with it. Black-and-white images with a color claim are acceptable, but drawings that are lined
for color are not; you must submit an actual color image
Standard Character Format: If you have attached your own JPG file of your mark, because it consisted
of characters within the group of 90 characters for which TEAS currently cannot create the required jpg
file, you must click on this box to indicate that a claim to the standard character format is being made;
i.e., that the mark is presented without claim to any particular font, style, size or color.
Color Claimed: Enter the colors claimed for the design mark (e.g., red and blue).
Mark Description: Enter the appropriate description of the mark; e.g., "A stylized letter C." If a color
mark, you should list the portions of the mark that are in color and the corresponding color for each; e.g.,
"A bird with a blue body, a red head, and a yellow beak."
Parts of the mark in color: List the portions of the mark that are in color and the corresponding color for
each; e.g., "A bird with a blue body, a red head, and a yellow beak."
Color(s) in the mark: List here only the actual color(s) appearing within the mark. For example, a proper
entry may consist of the single word "green," or multiple colors, such as "red, blue, and yellow." No other
information should be provided.
Uploaded Color Image: If you have uploaded a color image, but do not wish to proceed with that color
image, you must return to the Wizard page and answer "No" to Question #1. When you return to the Mark
section, your original image from the USPTO database will then be displayed.
Additional Statement:
Answer YES if you need to make of record one of the following statements:
Translation: Where the mark consists of or contains words that can be translated, such a translation may
be provided. The translation may be into English and/or French and/or Spanish, irrespective of the
language of the international application. The International Bureau will not check the accuracy of any
translation of the mark, nor will it question the absence of a translation or provide a translation of its own.
Transliteration: Enter the transliteration of any non-Latin characters in the mark.
Verbal Element: Enter the word(s) that appear within the overall composite mark (as shown in the JPG
image file). E.g., if the mark consists of the design of a cat and the words THE CAT'S MEOW, you
would enter in this field THE CAT'S MEOW. You would NOT enter "The design of a cat and THE
CAT'S MEOW"- it is the actual image file that will show this.
Disclaim: Enter the descriptive or generic wording, for which no claim is being made to the exclusive
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TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
right to use, apart from the mark as shown.
Goods and Services Information
International Class: If known, enter the International Class number(s) of the goods and/or services
associated with the mark, e.g., 009. For more information about acceptable classes, see the USPTO's online Goods and/or Services Manual, or the overall listing of all classes of goods and services.
Listing of Goods and/or Services: Enter the specific goods and/or services associated with the mark;
e.g., "computer software for accounting purposes;" or "shirts, pants and shoes." If you are not specific
enough (e.g., listing "internet services"), you will not receive a filing date. Even if you are filing based on
intent to use, you must provide a specific enough recitation so that the nature of the goods/services is
sufficiently clear. While you may be able to amend the recitation during prosecution to clarify a broad
recitation, if the initial listing is too ambiguous, you will not receive a filing date and no amendment will
be permitted. Also, do not enter the broad class number here, such as 009 or 025 (this information belongs
in the field above, namely International Class). If the goods and/or services are classified in more than
one class, the goods and/or services should be listed in ascending numerical class order. For more
information about acceptable language for the goods and/or services, see the USPTO's on-line Goods
and/or Services Manual .
Fee Information
Number of Classes: This number is based on the highest number of classes for any particular country to
which protection is extended, if there are different class totals within the application.
International Registration fees: The International Registration fees are based on the specific election of
fees by the designated countries. An additional fee is required for the submission of any color image. The
calculation can be determined from the WIPO fee calculator. The total is reflected in U.S. dollars, as
converted from Swiss francs.
Exchange Rate: This is the rate being used to convert Swiss francs into U.S. dollars. Updates to the rate
(as used within the WIPO fee calculator) are by the International Bureau, which follows the rule that
changes will be made only after a given three-month period, unless there is a change in the rate of greater
than 10%, at which time the change will be made within a month timeframe. E.g., at an exchange rate of,
hypothetically, .8021 dollars per Swiss franc, 100 Swiss francs = 80.21 U.S. Dollars (100 X .8021=
80.21).
USPTO Certification Fee: This $100 fee is based on the total number of classes in the International
Application, with each class only counting once, even if that class is claimed multiple times for different
Contracting Party countries within the International Application. The fee is $150 per class, rather than
$100 per class, when the international application is based on more than one basic application or
registration.
Total Amount: This is the total, in U.S. dollars, of the combined International Registration fees and the
USPTO Certification fee.
Payment Method Type: The designation of the specific method of payment for submission of the
required fees to the International Bureau.
IB Account Number: The number of a current account that has been opened with the International
Bureau.
Account Holder: The full name of the holder of the current account that has been opened with the
International Bureau.
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TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
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Payment Reference Number: For a payment already submitted and acknowledged by WIPO, the
specific payment reference number assigned to the submission.
WIPO Receipt Number: The number assigned by WIPO to confirm receipt of payment.
Total Fee Amount to be paid to IB: The total amount of fees being paid to the International Bureau, in
Swiss francs.
Application Information
Serial Number: Enter the U.S. serial number (eight-digit number - no letters) as the basis of this
International Application.
Registration Number: Enter the registration number (seven-digit number - no letters) as the basis of this
International Application.
Filing Date: Enter the filing date related to the U.S. serial number.
Registration Date: Enter the registration date related to the registration number.
Priority Claim Information
An international applicant may assert a priority claim for a trademark application filed in another country, prior to the filing of the international
application. If recognized by the International Bureau, this claim may result in an international registration date that is earlier than the date of filing
of the international application.
Country Of Earlier Filing: Select or enter the country wherein the earlier application was previously
filed.
Application/Serial Numbers of Earlier Filing: Enter the application or serial number of the filing that is
the basis for the priority claim.
Dates of Earlier Filing: Enter the filing date of the application that is the basis for the priority claim.
WARNING: In accordance with Article 4(c)(3) of the Paris Convention, where the last day of the sixmonth period from the claimed priority date is a day when the Office of origin is not open for the receipt
of requests to present international applications, the six-month period will, where the international
registration bears the date of the receipt by the Office of origin of the said request, be extended until the
first following working day at the Office of origin; similarly, where the international registration bears the
date of the receipt of the international application by the International Bureau, or a subsequent date, and
the last day of the six-month period is a day when the International Bureau is not open to the public, the
six-month period will be extended until the first following working day at the International Bureau.
Goods and/or Services listed in earlier filing, for which priority claimed: If the country of earlier
filing is the United States, click the "Retrieve GS" button to populate Class and Goods/services data
automatically. Otherwise, you must use the pull-down box to enter the number of classes you wish to add,
and then click on the "Add Classes" button.
Number of Classes to be added: If you are not using the "Retrieve GS" button (because the country of
earlier filing is not the United States), you must use the pull-down box to enter the number of classes you
wish to add, and then click on the "Add Classes" button.
Six month priority period: In accordance with Article 4(c)(3) of the Paris Convention, where the last
day of the six-month period from the claimed priority date is a day when the Office of origin is not open
for the receipt of requests to present international applications, the six-month period will, where the
international registration bears the date of the receipt by the Office of origin of the said request, be
extended until the first following working day at the Office of origin; similarly, where the international
TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
registration bears the date of the receipt of the international application by the International Bureau, or a
subsequent date, and the last day of the six-month period is a day when the International Bureau is not
open to the public, the six-month period will be extended until the first following working day at the
International Bureau..
Delete Class: If you indicated that you wished to enter goods/services manually (because the country of
earlier filing was not to be the United States), but do not wish to do so now, you must click on the box
under the "Delete Class" column to remove that entry.
Class Code: Specify through the pull-down box the proper international class number associated with the
identification of goods and/or services.
Goods and/or Services: Enter the goods and/or services corresponding to the selected international
classification code that were listed within the earlier-filed application that is the basis of the priority
claim.
Applicant Information
Name: Enter the full name of the Applicant, i.e., the name of the individual, corporation, partnership, or
other entity that owns the mark. If the applicant is an individual, please list as LAST NAME, FIRST
NAME, MIDDLE INITIAL/NAME; e.g., Smith, John A.
Street Address: Enter the Applicant street address.
Internal Address: Enter the Applicant internal address.
City: Enter the city in which the Applicant is located.
State: If a U.S. state, enter that state by clicking on the proper entry in the pull-down box. Otherwise,
enter the information in the designated box.
Country: Enter the country by clicking on the proper entry in the pull-down box. If the country is not
listed,enter the information in the designated box.
Zip/Postal Code: Enter the U.S. zip code or foreign country postal identification code of the Applicant.
Phone Number: Enter the Applicant telephone number.
Fax Number: If available, enter the Applicant fax number.
Internet/E-Mail Address: Enter the Applicant e-mail address.
Individual: Enter the applicant’s country of citizenship.
Corporation: Enter the applicant’s state of incorporation (or the applicant’s country of incorporation if
the applicant is a foreign corporation).
Partnership: Enter the state under whose laws the partnership is organized (or the country under whose
laws the partnership is organized if the partnership is a foreign partnership).
Limited Partnership: Enter the state under whose laws the partnership is organized (or country if the
partnership is a foreign partnership) in the appropriate designated field. In the other designated field, enter
only the names and citizenship or state or country of organization or incorporation of the general partners.
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TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
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Limited Liability Company: Enter the state under whose laws the limited liability company is organized
(or if the limited liability company is foreign, the country).
Joint Venture: Enter the name and entity type of each entity participating in the joint venture. Also, enter
the citizenship of those joint venture participants who are individuals, and/or the state or (foreign) country
of incorporation of those joint venture participants which are corporations, and/or the state or (foreign)
country of organization- and the names and citizenship of the partners- of those joint venture participants
which are partnerships.
Sole Proprietorship: Enter the state or country where the sole proprietorship is organized in the
appropriate designated field. In the other designated field, enter the name and citizenship of the individual
who composes the sole proprietorship.
Trust: Identify the trustees and the trust itself, using the following format: The Trustees of the XYZ
Trust, a California trust, the trustees comprising John Doe, a U.S. citizen, and the ABC Corp., a Delaware
corporation. (Please note that the trustees, and not the trust itself, must be identified as the applicants in
the portion of the application designated for naming the applicant).
Estate: Identify the executors and the estate itself using the following format: The Executors of the John
Smith estate, a New York estate, the executors comprising Mary Smith and John Smith, U.S. citizens.
(Please note that the executors, and not the estate itself, must be identified as the applicants in the portion
of the application designated for naming the applicant).
Other Entity Type: Enter a brief description of the applicant’s entity type (e.g., joint or multiple
applicants, joint venture, limited liability company, association, Indian Nation, state or local agency). The
following sets forth the information required with respect to the most common types of "other" entities:
Attorney/Representative Information
The applicant or holder may appoint an attorney or representative to act on his behalf before the International Bureau (IB).
This may or may not be the same representative whom he uses before the United States Patent and Trademark Office
(USPTO). The IB will recognize only one representative in respect of a given international application or registration.
Where a document in which a representative is appointed indicates the names of more than one representative, only the
one indicated first will be considered to have been appointed. Where however a partnership or firm of attorneys or patent
or trademark agents has been indicated, this will be regarded as a single representative. Where the requirements
concerning the address of the representative are not fulfilled, the IB will treat the appointment as if it had not been made
and will so inform the applicant or holder, the purported representative and, where the appointment has been transmitted
by the USPTO, that Office. Where the appointment is not acceptable, the IB will send all relevant communications to the
applicant or holder himself.
Attorney/Representative Name: Enter the name of the Attorney/Representative who is responsible for
the filing of the application and to whom correspondence should be addressed. You may list more than
one name in this field; however, correspondence will only be sent to the first listed name.
Firm Name: Enter the name of the law firm with which the Attorney/Representative is associated.
Street Address: Enter the Attorney/Representative street address.
Internal Address: Enter the Attorney/Representative internal address.
City: Enter the city in which the Attorney/Representative is located.
State: If a U.S. state, enter that state by clicking on the proper entry in the pull-down box. Otherwise,
enter the information in the designated box.
TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
Country: Enter the country by clicking on the proper entry in the pull-down box. If the country is not
listed,enter the information in the designated box.
Zip/Postal Code: Enter the U.S. zip code or foreign country postal identification code.
Phone Number: Enter the Attorney/Representative telephone number.
Fax Number: If available, enter the Attorney/Representative fax number.
Internet/E-Mail Address: Enter the Attorney/Representative e-mail address.
Entitlement Information
National of the United States: (1) a citizen of the United States; or (2) a person who, though not a
citizen of the United States, owes permanent allegiance to the United States.
Street Address: Enter the U.S. street address for the applicant's domicile or commercial establishment.
Internal Address: Enter the U.S. internal address for the applicant's domicile or commercial
establishment.
City: Enter the U.S. city for the applicant's domicile or commercial establishment.
State: Enter the U.S. state for the applicant's domicile or commercial establishment.
Country: Enter the country for the applicant's domicile or commercial establishment.
Zip/Postal Code: Enter the U.S. zip code for the applicant's domicile or commercial establishment.
Joint applicant: It is important to determine if a "joint applicant" relationship actually exists between the
owners, rather than a different relationship (such as a partnership or a joint venture). Normally, a
trademark application is filed in the name of one party. However, joint applicants can apply if the mark is
used in a business in which two or more parties are involved actively. Therefore, if the application lists
joint applicants, the USPTO will presume that the mark and the business in which it is used are, in fact,
owned by separate parties jointly and cannot be identified correctly in any other way; that is, the parties
have not been incorrectly labeled "joint owners" when actually they are members of a partnership or a
joint venture or are part of some other type of business entity in whose name the application should be
made. Note: A joint venture is not in the category of joint applicants; instead, a joint venture is a single
applicant, in the same way that a partnership is a single applicant.If, in fact, there is to be ONLY a single
applicant, then answer this Wizard question NO, and list for the applicant the single name of a partnership
or joint venture. On the other hand, if joint applicants are correct, then all relevant information must be
provided for each of the applicants, and each of the applicants must sign the application, since they are
individual parties and not a single entity.
Exclusions and Limitations
Exclusion of a Class: An exclusion of the goods or services in a class removes the class from the
international application. The USPTO does not send the goods or services information for the excluded
class to the International Bureau, and no subsequent designation of this class will be possible.
Limitation: The applicant may request a limitation of the list of goods and/or services, which may affect
some or all of the designated contracting parties. This does NOT remove the goods and services from the
international application or affect their ability to be assigned in a subsequent designation. The sole effect
is that the international registration does not extend protection for the goods/services concerned into the
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TRADEMARK/SERVICE MARK APPLICATION HELP INSTRUCTIONS (e-TEAS)
contracting Parties identified in the application. The goods/services will still be examined by the
International Bureau, and, if accepted, published in the International Gazette as part of the international
registration.
Total Limitation: In the event of a total limitation, the entire list of goods or services for a particular
class or classes is not extended into some or all designated contracting parties in the International
Application.
Partial Limitation: In the event of a partial limitation, a narrowed list of goods or services for a
particular class is extended into some or all designated contracting parties in the International
Application.
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File Type | application/pdf |
File Title | http://teasi.uspto.gov/common/instructionsSection.jsp |
File Modified | 2009-04-14 |
File Created | 2009-04-14 |