37 CFR 2.22
Filing requirements for a TEAS Plus application.
This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in November, 2005. You may return to the main 37 CFR Index, or to the index for one of the follow parts:
part 1 (patents);
part 2 (trademarks);
part 3 (assignments);
part 10 (representation); or
part 200+ (copyrights).
(a)A trademark/service mark application for registration on the Principal Register under section 1 and/or section 44 of the Act will be entitled to a reduced filing fee under § 2.6(a)(1)(iii) if it is filed through TEAS and includes:
(1)The applicant's name and address;
(2)The applicant's legal entity;
(3)The citizenship of an individual applicant, or the state or country of incorporation or organization of a juristic applicant;
(4)If the applicant is a partnership, the names and citizenship of the applicant's general partners;
(5)A name and address for correspondence;
(6)An e-mail address for correspondence, and an authorization for the Office to send correspondence concerning the application to the applicant or applicant's attorney by e-mail;
(7)One or more bases for filing that satisfy all the requirements of § 2.34. If more than one basis is set forth, the applicant must comply with the requirements of § 2.34 for each asserted basis;
(8)Correctly classified goods and/or services, with an identification of goods and/or services from the Office's Acceptable Identification of Goods and Services Manual, available through the TEAS Plus form and at http://www.uspto.gov. In an application based on section 44 of the Act, the scope of the goods and/or services covered by the section 44 basis may not exceed the scope of the goods and/or services in the foreign application or registration;
(9)If the application contains goods and/or services in more than one class, compliance with § 2.86;
(10)A filing fee for each class of goods and/or services, as required by § 2.6(a)(1)(iii);
(11)A verified statement that meets the requirements of § 2.33, dated and signed by a person properly authorized to sign on behalf of the applicant pursuant to § 2.33(a);
(12)A clear drawing of the mark. If the applicant does not claim standard characters, the applicant must attach a digitized image of the mark in .jpg format. If the mark includes color, the drawing must show the mark in color;
(13)If the mark is in standard characters, a mark comprised of only characters in the Office's standard character set, currently available at http://www.uspto.gov, typed in the appropriate field of the TEAS Plus form;
(14)If the mark includes color, a statement naming the color(s) and describing where the color(s) appears on the mark, and a claim that the color(s) is a feature of the mark;
(15)If the mark is not in standard characters, a description of the mark;
(16)If the mark includes non-English wording, an English translation of that wording;
(17)If the mark includes non-Latin characters, a transliteration of those characters;
(18)If the mark includes an individual's name or portrait, either (i) a statement that identifies the living individual whose name or likeness the mark comprises and written consent of the individual, or (ii) a statement that the name or portrait does not identify a living individual (See section 2(c) of the Act);
(19)If the applicant owns one or more registrations for the same mark, a claim of ownership of the registration(s) identified by the registration number(s), pursuant to § 2.36; and
(20)If the application is a concurrent use application, compliance with § 2.42.
(b)If an application does not meet the requirements of paragraph (a) of this section at the time of filing, the applicant must pay the fee required by § 2.6(a)(1)(iv). The application will retain its original filing date, provided that when filed, the application met the filing date requirements of § 2.21.
(c)The following types of applications cannot be filed as TEAS Plus applications under paragraph (a) of this section:
(1)Applications for certification marks (See § 2.45);
(2)Applications for collective marks (See § 2.44);
(3)Applications for collective membership marks (See § 2.44); and
(4)Applications for registration on the Supplemental Register (See § 2.47).