What is a Section 66 application?

The holder of an international registration may file a request for an extension of registration to the U.S. under § 66(a) of the Trademark Act, 15 U.S.C. §1141f(a). The United States Patent & Trademark Office ("USPTO") refers to this type of application as a "§ 66(a) application".

What is a Section 66 trademark application?

Section 66(a) of the Trademark Act requires that a request for extension of protection to the United States include a declaration that the applicant has a bona fide intention to use the mark in commerce that can be controlled by the United States Congress.

What is a 66a filing basis?

Section 66(a): This section is used for a trademark application where the person or company filing the application already owns an International Registration through the World Intellectual Property Organization, and now they want to have that registration extended so that they have trademark protection in the US.

What is a 44e trademark application?

Section 44(e) Foreign Registration Basis. The §44(e) basis can be used any time after the corresponding foreign trademark application has matured into a registration. Similar to the §44(d) basis, a §44(e) need not prove actual use of the trademark in the United States at the time of filing the application.

How do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

Section 66A of IT Act: Simplified

What is a 1b trademark application?

A 1(b) intent-to-use trademark application is the proper type of USPTO filing basis (not based on a foreign filing) for situations where there is No use of mark yet* but a bona fide intention to use the mark on the all of the goods or services listed in the application.

What is trademark status 1a?

The 1(a) or currently in use application refers to products or services that a business is currently producing or have available under the business or trademark name.

How much does it cost to file an intent to use trademark?

An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.

Should I file teas plus or teas standard?

TEAS Plus is often a good option for first-time or inexperienced applicants, especially those who aren't working with an attorney. You should probably use TEAS Standard if you have a good reason for using a custom description of your goods and services.

How much does it cost to register a trademark?

The cost of registration per application is about Rs. 4000. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.

What does teas stand for trademark?

The Trademark Electronic Application System (TEAS) allows you to fill out online USPTO forms.

What is teas and TEASi?

To access the Trademark Electronic Application System (TEAS) and TEAS International (TEASi), you need to log in to a USPTO.gov account with two-step authentication.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Should I file intent to use?

To register a trademark, the mark must either be currently in use or intended to be used in commerce. You must file on the basis of “intent to use” if the mark you are registering has not yet been used and is not currently in use but you have real intent to use it in the future.

Can I use trademark before registration?

You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark.

What happens after trademark is approved for publication?

After your trademark is approved for publication, your trademark is published in our weekly online Trademark Official Gazette. Your trademark hasn't yet registered. Publication begins a 30-day period during which any member of the public who thinks they'll be harmed by the registration of your trademark may oppose it.

What happens after trademark publication?

Within about three months after your trademark publishes in the Trademark Official Gazette, if no opposition was filed, we register your trademark. If an opposition was filed but was unsuccessful, we will register your trademark after the Trademark Trial and Appeal Board dismisses the opposition.

What does it mean when your trademark is published?

A Notice of Publication in a trademark application is good news for the applicant. It means that the trademark application has received preliminary approval by the USPTO trademark examining attorney, i.e., the trademark examiner. The applicant is one step closer to a trademark registration.

Can you trademark a name already in use but not trademarked?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How fast can I get a trademark?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How do I trademark my logo?