What Are the Differences Between TEAS and TEAS Plus?

Basic Filing Requirements for TEAS and TEAS plus USPTO Trademark Registrations

 

TEAS

TEAS plus

(The reduced fee for TEAS plus is currently $50 less than TEAS)

37 CFR § 2.21  Requirements for receiving a [TEAS or paper submitted] filing date upon submission of a USPTO trademark application. (If the applicant does not submit all the elements required, the USPTO will deny a filing date and issue a notice explaining why the filing date was denied. )  

TMEP 819.01 TEAS Plus Filing Requirements

( also found in 37 C.F.R. §2.22)

(a) The Office will grant a filing date to an application under section 1 or section 44 of the Act that is in the English language and contains all of the following:

To be eligible for the reduced fee, a TEAS Plus application must request registration of a trademark or service mark on the Principal Register, and must include the following at the time of filing:

(1) The name of the applicant;

 (2) A name and address for correspondence;

" Applicant' s Name and Address.


" Applicant' s Legal Entity and Citizenship (or state or country of incorporation of a juristic applicant).


" E-mail Correspondence Address and Authorization. An e-mail correspondence address and authorization for the Office to send correspondence to the applicant by e-mail.


" Filing Basis or Bases. One or more bases for filing, and all requirements of 37 C.F.R. §2.34 for each basis.

(3) A clear drawing of the mark;

" Drawing. A clear drawing of the mark comprising either: (1) a claim of standard characters and the mark, typed in the appropriate TEAS Plus field; or (2) a digitized image of a mark in special form. If the mark includes color, the digitized image must show the mark in color.

(4) A listing of the goods or services;

" Identification and Classification of Goods/Services. A correctly classified and definite identification of goods/services taken directly from the Office’s Acceptable Identification of Goods and Services Manual (Goods and Services Manual), at http://tess2.uspto.gov/netahtml/tidm.html.


(5) The filing fee for at least one class of goods or services, required by § 2.6.

" Filing Fee. A filing fee per class for all classes listed in the application.


" Signed Verification. A verified statement, dated and signed by a properly authorized person.


" Color Claim and Description of Color(s). If the mark includes color, a claim that the color(s) is a feature of the mark; and a statement in the description of the mark field naming the color(s) and describing where the color(s) appears on the mark.


" Description of Mark. If the mark is not in standard characters, a description of the mark.


" Prior Registrations for Same Mark. If the applicant owns one or more registrations for the same mark, a claim of ownership of the registration(s), identified by the United States registration number(s).


" Translation. If the mark includes foreign wording, a translation of that wording.


" Transliteration of Non-Latin Characters. If the mark includes non-Latin characters, a transliteration of those characters.


" Consent to Registration of Name or Portrait. If the mark includes an individual' s name or portrait, either: (1) a statement that identifies the living individual whose name or likeness the mark comprises, and written consent of the individual; or (2) a statement that the name or portrait does not identify a living individual.


" Concurrent Use. If the application is a concurrent use application, the application must meet the requirements of 37 C.F.R. §2.42.


" Multiple-Class Applications. If the application contains goods/services in more than one class, the application must meet the requirements of 37 C.F.R. §2.86.


" Section 44 Applications. In a §44 application, the scope of the goods/services covered by the §44 basis may not exceed the scope of the goods/services in the foreign application or registration.


Note: 37 C.F.R. §2.22(a).

As long as the applicant has made a reasonable attempt to supply the required information in the initial application, the applicant has met the TEAS Plus filing requirements and generally will not lose TEAS Plus status if the information is later amended, either in response to an examining attorney’s requirement or on the applicant' s initiative, as long as the amendment is filed through TEAS or entered by examiner' s amendment. See TMEP §§819.01(a) et seq. for further guidance as to when the additional fee will be required in particular situations.


Note: If an applicant files a TEAS Plus application but does not meet these requirements, the examining attorney must issue an Office action requiring the applicant to pay the additional TEAS Plus processing fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.22(b). If a required field is filled with irrelevant or clearly inappropriate information, the required element will be considered omitted (e.g., if the notation ??? is entered as the translation in a mark that includes foreign wording).


Note: When an application loses TEAS Plus status, the application will be examined as a regular TEAS application. The application will retain its original filing date, assuming that the initial application met the five minimum filing requirements required of all applications, which are set forth in 37 C.F.R. §2.21. The examining attorney must perform the proper transaction to change the application status in the Office' s automated systems.

Not Just Patents ® Legal Services provide a broad range of services for Intellectual Property Protection. If you are unsure what type of product or service protection is best for your business or just have a question, please call–a brief initial consultation is free at 1-651-500-7590  


Don’t assume that protecting your reputation and legal rights is too expensive, abandoning your trademark registration because of problems from office actions and refusals may result in a larger losses-loss of assumption of authenticity, loss of the right to protect from counterfeits, and loss of reputation. In today’s economy (and for the future), Intellectual Property Protection may be one of the best ways to invest in your business. Call us with questions at 1-651-500-7590   


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Call 1-651-500-7590 or email IP@GoNJP.com or ContactTrademark.com for Responses to Office Actions; File or Defend an Opposition or Cancellation; Patent or Trademark Searches and Applications; Send or Respond to Cease and Desist Letters.

For more information from Not Just Patents, see our other sites:      

Steps to a Patent    How to Patent An Invention

Filing Requirements for Patent Applications

Trademark e Search    Strong Trademark     Enforcing Trade Names

Common Law Trademarks  Trademark Goodwill  Abandoned Trademarks

Should I Get A Trademark or Patent?

Patentability Evaluation

Trademark Disclaimers   Trademark Dilution     Oppose or Cancel?

Examples of Disclaimers  Business Name Cease and Desist

Sample Patent, Trademark & Copyright Inventory Forms

Verify a Trademark  Be First To File   How to Trademark Search

37 CFR § 1.53 Application number, filing date, and completion of application

Using Slogans (Taglines), Model Numbers as Trademarks

Which format? When Should I  Use Standard Characters?

Difference between Provisional and Nonprovisional Patent Application

Opposition Pleadings    UDRP Elements    Loss of Trademark Rights

How To Answer A Trademark Cease and Desist Letter

Shop Rights  What is a Small or Micro Entity?

Trademark Refusals    Does not Function as a Mark Refusals

Converting Provisional to Nonprovisional Patent Application (or claiming benefit of)

Acceptable Specimen       Supplemental Register  $199 Statement of Use

How To Show Acquired Distinctiveness Under 2(f)

Patent Pending see also Patent Marking

Trademark Attorney for Overcoming Office Actions

Functional Trademarks   How to Trademark     Surname Refusal

Patent Drawings

Grounds for Opposition & Cancellation     Cease and Desist Letter


Valid/Invalid Use of Trademarks     Trademark Searching

How to Respond to Office Actions

What is a Compact Patent Prosecution?


Examples and General Rules for Likelihood of Confusion

USPTO Search Method for Likelihood of Confusion

Examples of Refusals for Likelihood of Confusion  DuPont Factors

Patent search-New invention

Color as Trade Dress  3D Marks as Trade Dress

Patent Search-Non-Obvious

Ornamental Refusal  Standard TTAB Protective Order

How to Keep A Trade Secret

Descriptive Trademarks Trademark2e.com  Likelihood of Confusion 2d

State & Federal Trade Secret Laws

Merely Descriptive Trademarks   Merely Descriptive Refusals

Chart of Patent vs. Trade Secret

Register a Trademark-Step by Step   Trademark Fixer

ID of Goods and Services see also Headings (list) of International Trademark Classes

Likelihood of confusion-Circuit Court tests

Pseudo Marks    How to Reply to Cease and Desist Letter

Geographically Descriptive or Deceptive

Overcome Merely Descriptive Refusal   Overcome Likelihood Confusion

What Does ‘Use in Commerce’ Mean?    SCAM Letters

Section 2(d) Refusals   ApplyToTrademark.com

Trademark Incontestability  TTAB Manual (TBMP)

Typical Brand Name Refusals  What is a Family of Marks?

TTAB/TBMP Discovery Conferences & Stipulations

TBMP 113 Service of TTAB Documents  TBMP 309 Standing

Trademark Steps Trademark Registration Answers TESS  

Trademark Searching Using TESS  Trademark Search Tips

TSDR Trademark Status and Document Retrieval

What are Dead or Abandoned Trademarks? Can I Use An Abandoned Trademark?  Can I Abandon a Trademark During An Opposition?

Published for Opposition see also Opposition Steps/Cancellation Steps

Counterclaims and Affirmative Defenses

Differences between TEAS and TEAS plus  

How do I Know If Someone Has Filed for An Extension of Time to Oppose?

Protecting Trademark Rights (Common Law)

Steps in a Trademark Opposition Process

Zombie Trademark  Not Just Patents Often Represents the Underdog  

What Does Published for Opposition Mean?

What is the Difference between Principal & Supplemental Register? What If Someone Files An Opposition Against My Trademark?

Acquired Distinctiveness  2(f) or 2(f) in part

How to Respond Office Actions  DIY Overcoming Descriptive Refusals

Extension of Time to Oppose

Trademark Clearance Search   DIY Trademark Strategies


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