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Showing posts from June, 2008
What does it take to get a Filing Date?

There are a variety of different dates for any given Federal trademark application – filing date, status date, publication date, first use date, first use in commerce date and registration date. I'll devote a few posts to each one.

Let's start with the first date you'll receive once the application is filed – the filing date.

Here's what the USPTO says about this:

"In an application under §1 or §44 of the Trademark Act, 15 U.S.C. §1051 or §1126, the filing date of an application is the date on which all the elements set forth in 37 C.F.R. §2.21(a) (see TMEP §202) are received in the United States Patent and Trademark Office (“USPTO”)."

What?

Let's simplify this paragraph. For any applicant claiming foreign priority or foreign registration, you'll be filing under §44. The rest will be §1, which is going to apply to most US-based applicants, especially small businesses and/or those just starting out.

Okay, so the applic…
Unsolicited Trademark Mailings: A Warning from INTA When TradeMark Express started preparing and submitting Federal trademark applications for clients, we heard almost immediately about official-looking mailings they received requesting more money to either monitor their mark or to be listed in a "trademark registration directory." These unsolicited offers are in no way affiliated with the USPTO and therefore, do NOT require a response.

The appearance of these mailings is the first foot in the door of confusion. They often come on very official looking stationery; an invoice that looks very governmental in form and/or appears to be affiliated with a governmental entity.

Take a look at one of the examples INTA provides on their web site from the United States Trademark Protection Agency (USTPA – see what they did there?): PDF format - USTPA Example Mailing.

The only mailings any trademark owner should most definitely respond to are going to be those directly from the US Patent &a…
Breaking Down the Code

Last month we took a quick look at how to conduct a logo search at the USPTO. This month let's look closer at the USPTO Design Code Manual.

All designs have a 6-digit code, which the USPTO assigns to each filed design. The design search code system is very Dewey Decimal-esque in that each 2-digit section denotes a specific category. Let's take a look at a couple of famous examples:

First two digits, the Category: 02 = human beings

Next two digits, the Division: 05 = children

Last two digits, the Section: 01 = heads, portraiture, busts of children not in profile



The Gerber baby logo is categorized as 02.05.01

Now let's look at a design that contains several codes. This will illustrate just how complex filing a trademark for a logo can be, in terms of researching a logo and providing the correct description on the application to the USPTO.



Mr. Peanut, the logo and mascot of Planters Nuts is categorized into SEVEN different design codes:

02.01.32 - Astronauts (m…