By ootmoo on Dec 28, 2007 in Featured, Trademark 101 | 0 Comments
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
Often times you will see the word trademark, or just “mark”, used to refer to both trademarks and service marks. So while there is a technical difference between the two, don’t get too hung up on the differences.
The above definitions, when examined closely say more about trademarks then what appears on the surface. We’ll discuss the trademark nuances in other posts.
By ootmoo on Dec 28, 2007 in Trademark 101 | 0 Comments
TM stands for trademark. SM stands for service mark. And the “®” symbol means that the trademark is federally registered with the United States Patent and Trademark Office.
There is no registration requirement to use the TM or SM designations. They are used by trademark owners to give notice to others that the owner lays claim to the trademark. Use of the ® symbol however requires that the trademark is registered with the PTO. If you have an application before the PTO, you cannot use the ® symbol. Also, if your trademark is registered with a state secretary of state, but not the PTO, you cannot use the ® symbol.
By ootmoo on Aug 26, 2007 in Featured, Filing | 0 Comments
To view the trademarks I have worked on before the United States Patent and Trademark Office, please follow these steps:
- Go to http://www.uspto.gov/main/trademarks.htm
- Click on the “search” link in the right hand column
- Click “Free form search (advanced search)”
- Type or paste the search: (alvin and borromeo)[at]
- Click “Submit Query”
By ootmoo on Aug 16, 2007 in PTO Fees | 0 Comments
So the PTO charges a processing fee of either $325 or $275 per trademark per class. What’s this “per trademark per class?”
Well, trademarks are classified in one of 45 international classifications. Sometimes, a product may be classified in more than one classification. For example, some products are classified differently depending on the type of material of which the product is composed. For example, plastic statuettes are in Class 20 while glass statuettes are in Class 21.
So, if you sell both plastic statuettes and glass statuettes under your trademark, then you may want to consider registering your trademark in both Class 20 and Class 21.
If you choose to do so, then the filing fee would be double for “one” trademark.
The more classes you file under, the more the processing fee will be. Take a look at the trademark for Dale Earnhardt Jr. They registered the trademark in 18 classes.
By ootmoo on Aug 16, 2007 in PTO Fees | 0 Comments
So you may be confused why the Patent and Trademark Office charges either $325 per trademark per class or $275 per trademark per class.
Essentially, the difference lies in how you identify your product or service. The PTO has an Acceptable Identification of Goods and Services Manual. If there is a description that identifies your goods or services in the Manual, then you may file your application using the TEAS Plus form. Which costs $275 per trademark per class.
If the Manual does not have a description that adequately identify your goods or services, then you may have to write a free text description and file the application using the TEAS form. This is $50 extra and costs $325 per trademark per class.
If you are patient and wish to suggest an identification, you may contact the PTO and submit an identification for review. If the PTO accepts it, then you may file using the TEAS Plus form. And save $50. But keep in mind, there is no guarantee that they’ll accept it.
