E-TEAS Standard Application Form
Carefully read the information at the top of this page. The first block explains the help system and lets you turn off the help text that automatically appears at the bottom of the page. It also explains that only the blanks marked with an asterisk are mandatory. We strongly recommend that you be as complete as possible in your responses, even if the information isn't mandatory; it may save you time and trouble down the line. Some of the non-mandatory information may be useful to the examiner in evaluating your application and expeditiously communicating with you if a problem arises. For example, your phone number isn't mandatory—but how will the examiner call you if you don't include it?
The name, entity, address, email address, fax number and phone number blanks all come with excellent help should you need it.
Mark Information:
Click the first circle above the words "Typed Format." Because you are registering a domain name, your trademark consists solely of words and numbers and will be displayed in what's called "typed drawing format." In the box just below the words "Enter the mark here," enter your domain name in capital letters. You can enter the complete domain name, including the .com, or just the unique part of your name. For instance, Nolo might choose to registerits domain name as NOLO.COM or just NOLO. Because domain names are such a new species of trademark, there are no firm rules.
Additional Statement:
This blank is optional, and you can safely skip it. About the only statement that might be relevant is what's called the disclaimer. This means that if you are using common, generic or descriptive words as part of your domain name, the PTO will want you to disclaim (give up) trademark rights in those specific words, even though you have a trademark in the name as a whole. For example, suppose you manufacture a highly successful line of perfume called Candor, and you wish to register the domain name candorperfume.com. The PTO will likely ask you to disclaim the word "perfume" because it is generic. The word "candor," however, is still registrable as a trademark for a line of perfume. That's OK since those generic words can't be registered or protected anyway. The trademark examiner will tell you somewhere in the process what words you should disclaim, so there is no point in doing it on the application.
Basis for Filing and Goods and/or Services Information:
The information required in this part of the application will vary, depending on whether you are already using your domain name in commerce or are filing on an "intent to use" basis. The top part of this box shows you which type of application you are filling out: Section 1(a) Use in Commerce, or Section 1(b) Intent to Use.
Specimens:
If you're filing under Section 1(a), use, you'll need to provide a specimen image file and a description of the specimen in the next box. If you're an "intent to use" applicant, you will not have a specimen information section on your application and should go to International Class, below.
Your specimen must be a file in jpeg or gif format. If you are registering your entire domain name, it should be a copy of your Web page showing your domain name. Or, if you are just registering the unique part of your domain name (without the .com), your specimen may be an advertisement of your services. Either way, make sure your specimen shows your name exactly as you described it in the "mark" box above.
Your specimen must show two things:
1) You are using your domain name as a trademark. A specimen that shows your website and the domain name typed into the address line of your browser is not sufficient. Your domain name should be a prominent part of the design of your home page. Ideally, it should be at the very top of the page, easy to spot and easy to read, and it should dominate the quadrant of the page in which it is located.
2) The services being offered on your website match the description of the services in your application. If you are providing financial information as your service, for example, make sure your specimen shows that you are doing so.
The next part of the specimen box asks you to describe what the specimen submitted consists of—for example, a digitally captured image of the home page where the goods or services are offered, or the front page of an advertisement offering the goods or services for sale.
International Class:
Enter the number of the classification you selected for the goods or services offered on your website. (See the instructions for Question 1, above, for more on trademark classifications.) Or, if you prefer, you can send in your application without specifying a class and let the trademark examiner help you. If you want to register under more than one class, click "Form Wizard." This takes you back to the question where you are asked under how many classes you want to register. Once you enter a number other than "one" in that space and click the next button, you will be given a different application template that accommodates multiple classes.
Listing of Goods and/or Services:
Here is where you describe the goods or services to which your domain name is attached. The good news is that you are only expected to make your best guess. A trademark examiner who doesn't approve of your description, or is confused by it, will let you know and work with you to come up with an appropriate description. If you don't feel like guessing, consult the "Trademark Acceptable Identification of Goods and Services Manual," a long list of goods and services that will help you come up with a proper description of the ones you plan to offer on your website. You can find it at www.uspto.gov/web/offices/tac/doc/gsmanual/manual.html#services. These descriptions are written up by the PTO, so you can copy them directly.
Trademark Acceptable Identification of Goods and Services Manual
Try to make your description as precise as possible. If your description is too broad, it may describeservices in more than one class. And remember, each extra class added to your application will cost another $325. The examiner will probably contact you before adding more classes, so it won't be a surprise. But it may delay the processing of your application.
Date of First Use of Mark Anywhere:
The next two sections relating to dates of first use are for use applicants only. ("Intent to use" applicants should skip down to "Final Instructions for All Applicants," below.) Here you are asked to provide the date you first started using the unique part of your domain name—the part to the left of the dot. If you have been using it in an existing business, enter the date you first used that name as part of a commercial transaction. If its first use was as a domain name, then your date of first use is the date your website went live to sell goods or services.
Date of First Use of the Mark in Commerce:
Enter the date when you first used the unique part of your domain name in commerce across state, territorial or international borders. If you have an existing business, this date may be different than the date of first use that you just entered. For example, you may have first used the name to market your local business and later gone national or international. The first date would be your use anywhere, and the second date would be the date the scope of your business expanded. If the unique part of your domain name is being used for the first time as your domain name, enter the date of first use.
If you've been using a mark for years and don't remember the exact date of its first use anywhere or across state lines, make your best estimate. Use dated documents that you have gathered over the years, such as old advertisements or business licenses, to help jog your memory. If necessary, use imprecise dates, such as "before March 25, 1998," "on or about January 16, 1975," "in 1966" or "in February 1984." Use the earliest possible date that you can reasonably assert as correct.
Final Instructions for All Applicants
Amount:
If you are registering in just one class, as most people do, enter $325. The fee will be $325 more for each additional class.
Payment:
Again, check the credit card box if it isn't already checked from your earlier entry.
Declaration:
Read it carefully. If there are statements in the declaration that raise serious doubts oquestions in your mind, see a trademark lawyer. (For information about how to find a lawyer, see Chapter 9.)
Signature:
The information box right above the signature section provides the surprising information that your "signature," when you file online and don't actually sign any paper, can be whatever you choose. You can enter any combination of letters, numbers or other characters as your "signature." Each signature must begin and end with a forward slash (/). For example, /pat smith/; /ps/; and /268-3421/ are all acceptable signatures. There's no trick here. Unless you'vedeveloped some special internal system for tracking electronic signatures in your office, entering your own name is the simplest option. Click the signature link just below the information box for thePTO's own words on this subject.
Validate:
This process checks your application and alerts you if you forgot to include any information that is mandatory. You will then have a chance to go back and fill in the missing information. A warning message will also appear for non-mandatory missing information, but you are not required to go back and include that information. Once the validation is done, click "Pay/Submit" at the bottom of the Validation screen. Since you are using a credit card for payment,you will next be asked to enter payment information. If your transaction is successful, you will receive a confirmation screen.
Later, you will receive an email acknowledging the submission of your application. Hold on to that email, because it is the only proof you'll have that the PTO has your application. It is also proof of your filing date and contains the serial number assigned to your application.
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