37 CFR 2.22: Requirements for a TEAS Plus application

Taken from the USPTO’s TM Federal Statutes and Rules, Last Revised in January 2018

Trademark Regulations Index

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§2.22 Requirements for a TEAS Plus application.

  • (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)(iv) 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. 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 owner pursuant to § 2.193(e)(1);
    • (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, and the owner(s) last listed in Office records of the prior registration(s) for the same mark differs from the owner(s) listed in the application, 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) In addition to the filing requirements under paragraph (a) of this section, the applicant must:
    • (1) File the following communications through TEAS:
      • (i) Responses to Office actions (except notices of appeal under section 20 of the Trademark Act);
      • (ii) Requests to change the correspondence address and owner’s address;
      • (iii) Appointments and/or revocations of power of attorney;
      • (iv) Appointments and/or revocations of domestic representative;
      • (v) Voluntary amendments;
      • (vi) Amendments to allege use under section 1(c) of the Act or statements of use under section 1(d) of the Act;
      • (vii) Requests for extensions of time to file a statement of use under section 1(d) of the Act; and
      • (viii) Requests to delete a section 1(b) basis.
    • (2) Maintain a valid email correspondence address, and continue to receive communications from the Office by email.
  • (c) If an application does not fulfill the requirements of paragraphs (a) and (b) of this section, the applicant must pay the processing fee required by § 2.6(a)(1)(v). The application will retain its original filing date, provided that when filed, the application met the filing date requirements of § 2.21.
  • (d) The following types of applications cannot be filed as TEAS Plus applications:
    • (1) Applications for certification marks (see § 2.45);
    • (2) Applications for collective trademarks and service 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).

[Added 70 FR 38768, July 6, 2005, effective July 18, 2005; amended 74 FR 54898, Oct. 26, 2009, effective Dec. 28, 2009; 79 FR 74633, Dec. 16, 2014, effective Jan. 17, 2015; 80 FR 2303, Jan. 16, 2015, effective Feb. 17, 2015; 80 FR 33170, June 11, 2015, effective July 11, 2015]