37 CFR 2.22 - Filing requirements for a TEAS Plus application.

§ 2.22 Filing 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)(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 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 (seesection 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).
[70 FR 38773, July 6, 2005, as amended at 74 FR 54907, Oct. 26, 2009]

Title 37 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code

Title 37 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 2 after this date.

  • 2014-05-09; vol. 79 # 90 - Friday, May 9, 2014
    1. 79 FR 26664 - Reduction of Fees for Trademark Applications and Renewals
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, Patent and Trademark Office
      Notice of proposed rulemaking.
      Written comments must be received on or before June 23, 2014.
      37 CFR Part 2