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Saturday, December 5, 2009

Step 2: Click the e-TEAS link.

You will get the Form Wizard page, and will be asked some questions. Here is how to answer.
E-TEAS Form Wizard
Question 1:What is your filing basis?
If you are already using the domain name on your website and selling goods or services, select "use in commerce." If you are not yet up and running, select "intent to use."
The procedures for each basis are somewhat different, and the "intent to use" basis will cost you an additional $100 when you do put the domain name into actual use.
WarningPrevious Foreign Registration.
If you are filing in the U.S. on the basis of a previous foreign registration, see a lawyer before continuing. This book doesn't cover U.S. registrations based on foreign registrations.
Question 2:Are your goods or services in more than one class?
The PTO categorizes trademarks in 42 different classes based on the goods and services the business offers. To see which classes your goods and services belong in, check the list of classes in the Appendix. You'll also find in the Appendix a PTO circular that discusses which classes are appropriate for certain computer-related goods and services ("Identification and Classification of Certain Computer-Related Goods and Services").
If the type of good or service being offered by your website clearly fits within one of the classes described by the PTO, go ahead and enter the class number in the blank. If you think you fit in two or more classes, you can use this application to register under the additional classes. The more classes you register under, the broader your protection is likely to be. (See Chapter 7.) However, you must pay a filing fee of $325 for each additional class. So if money is an issue, pick the best class and use that for your initial registration. You can always file applications for additional classes down the road.
If your goods or services do not match the descriptions given in the PTO circular, try checking the "Trademark Acceptable Identification of Goods and Services Manual" on the PTO's website. Just go to the PTO home page, www.uspto.gov, and click "Trademark." The next screen will show three columns. The first column is for trademark resources. Click "Trademark Acceptable Identification of Goods and Services Manual." The best way to use the manual is to use the search feature. Click "Search" and use keywords to find the list of goods or services that best describe your particular goods or services. For example, if you're going to use your trademark to identify your line of roasted coffee beans, type in "coffee" and click "Search" to find a list of coffee and coffee-related products from the Manual. This list will give you the PTO's suggested class number for your coffee beans. The PTO's list will also include descriptions, which you can use later on in the application.
If you can't choose a class, all is not lost. You can skip this part of the application, and the trademark examiner assigned to your application will contact you later with some suggestions. Who says government isn't friendly?
Question 3:How are you paying the application filing fee?
This one is easy. You'll probably be paying with a credit card. Deposit accounts are usually used only by law firms and other businesses that register a lot of trademarks.
Question 4: Does more than one applicant own the mark?
The applicant is the person or business that will own the trademark. If at all possible, only one person or business entity should own the domain name. This can be an individual, a partnership, a corporation, a limited liability company or a joint venture. If your situation dictates that there be two or more owners, click "morethan one owner" and read the instructions.
Question 5:Is there one applicant, but more than one signatory?
If there is a single applicant, only one person is needed to sign the application. If the applicant is a corporation, and corporate policy dictates that two or more officers sign the application, then enter the appropriate number here. If there is more than one applicant, then at least one person for each applicant must sign the application.
Question 6:Is an attorney filing this application?
If you plan to be represented by an attorney in your dealings with the PTO, click "attorney." The PTO will not communicate directly with you if an attorney is representing you.
Question 7:Is the applicant's address outside the United States?
If you live outside the U.S., click "applicant's address" for more information.

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