802 Application Form
The USPTO prefers that applicants filing applications under §1 or §44 of the Trademark Act use the Trademark Electronic Application System (“TEAS”), available at http://www.uspto.gov (using either a TEAS or TEAS Plus application form), or on the USPTO’s pre-printed scannable form. The applicant may obtain the USPTO’s pre-printed scannable form by calling the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199.
The amount of the trademark application filing fee varies, depending upon whether the application (or the amendment adding classes to an existing application) is filed through TEAS or on paper. See TMEP §810. An applicant has four choices. The applicant can file:
- A paper application at the higher fee per class, set forth in 37 C.F.R. §2.6(a)(1)(i);
- A regular TEAS application at a lower fee per class, set forth in 37 C.F.R. §2.6(a)(1)(ii);
- A TEAS RF application (see TMEP §820) at a lower fee per class, set forth in 37 C.F.R. §2.6(a)(1)(iii); or
- A TEAS Plus application (see TMEP §§819–819.04) at the lowest fee per class, set forth in 37 C.F.R. §2.6(a)(1)(iv).
The current fee schedule is available on the USPTO website at http://www.uspto.gov.
Note: TEAS, TEAS RF, or TEAS Plus applications that are downloaded, printed, and mailed to the USPTO are considered paper applications and are subject to the paper application filing fee.
The USPTO strongly discourages self-created forms, but will accept them if they meet the requirements for receipt of a filing date set forth in 37 C.F.R. §2.21(a) (see TMEP §202). If a self-created form is used, the application should be on letter size (i.e., 8½ inches (21.6 cm.) by 11 inches (27.9 cm.)) paper, typewritten, double spaced, with margins of at least 1½ inches (3.8 cm.) at the left and top of the pages. The application should be written on only one side of the paper.
The application must be in English. 37 C.F.R. §§2.21(a), 2.32(a).
The USPTO does not generally require the submission of original documents, so the applicant may file a copy of a signed application. 37 C.F.R. §§2.193(a), (b); TMEP §302.01.
Applications under §66(a) of the Trademark Act are sent to the USPTO electronically by the International Bureau of the World Intellectual Property Organization (“IB”).