TEAS Standard
Filing a trademark application with the U.S. Patent and Trademark Office (USPTO) is an essential step in protecting your brand. When it comes to filing online, the USPTO offers two main options: TEAS Plus and TEAS Standard. While TEAS Plus is a more cost-effective option, TEAS Standard provides greater flexibility during the application process. This blog post will guide you through the essentials of TEAS Standard, its specific filing details, the importance of a comprehensive trademark search, and why this might be the right filing option for your business.
What is a Trademark?
A trademark is your business’s identity in the marketplace. Whether it’s a name, slogan, or design, a trademark helps your customers recognize your goods or services and distinguish them from competitors. It also provides legal protection, preventing others from using similar marks that might cause confusion.
A common misunderstanding about trademarks is the idea that owning a trademark means owning a word or phrase outright. In reality, a trademark only protects the specific use of the word or symbol in connection with your goods or services. For example, if you trademark the word “Bliss” for a skincare line, your protection applies to skincare products, not other industries like computer hardware or automotive parts.
What is TEAS?
The Trademark Electronic Application System (TEAS) is the USPTO’s online platform for filing trademark applications. It streamlines the process by allowing businesses and individuals to submit their applications electronically. TEAS offers two main filing options: TEAS Plus and TEAS Standard. In this post, we’ll focus on TEAS Standard, which offers more flexibility during the application process than TEAS Plus.
What is TEAS Standard?
TEAS Standard is one of the two options available for filing a trademark application. Unlike TEAS Plus, which requires you to meet strict filing requirements upfront, TEAS Standard provides more flexibility in the application process.
TEAS Standard costs $350 per class of goods or services, which is higher than the $250 per class fee for TEAS Plus. However, this higher cost allows applicants more freedom in that there are fewer requirements upfront, which could be helpful for applicants that haven’t nailed down application specifics.
Why Choose TEAS Standard?
While TEAS Standard costs more than TEAS Plus, it offers valuable flexibility, particularly in how you describe your goods and services. For example, an applicant might choose TEAS Standard if their goods and services require a custom description not covered by the Trademark ID Manual.
Imagine you want to trademark your skincare line and your core products are moisturizers, serums, and facial cleansers, but you also want to include unique items like ‘lip plumper containing glycerol, capsaicin, and ginger’ that is not listed in the ID Manual. TEAS Standard allows you to describe these products accurately, even if they don’t fit into a predefined category.
Additionally, TEAS Standard allows applicants to pay for additional classes of goods or services at a later date, which can be helpful for businesses planning to expand into new areas but not ready to pay at the time of filing. As long as at least one class is paid for at the time of filing, you can pay for the remaining filed classes before the application process concludes.
Details of TEAS Standard Filing
Now, let’s take a closer look at the specific details of filing under TEAS Standard:
Cost
The TEAS Standard filing fee is $350 per class of goods or services. This is higher than TEAS Plus, which costs $250 per class. The higher cost of TEAS Standard comes with more flexibility, making it a good option for those who need it.
When Fees Are Due
When filing your trademark under TEAS Standard, you must pay for at least one class of goods or services upfront.
A key point to remember is that you cannot expand the scope of your goods or services once the application is filed. You can only narrow or delete goods/services descriptions. This means it’s crucial to carefully consider which goods or services you want to include in your application, as you won’t be able to add new categories later.
Description of Goods/Services
The TEAS Standard option allows you to write your own descriptions of the goods or services your trademark will cover. However, it’s essential to describe your goods or services with precision to avoid issues. The USPTO uses these descriptions to determine whether your application will conflict with existing trademarks, so being vague or inaccurate can lead to delays or refusals.
For example, if you’re filing a trademark for a skincare line, don’t just say “beauty products.” Instead, be specific: “moisturizers, facial cleansers, and exfoliating scrubs.” This not only helps protect your brand but also makes it easier for the USPTO to evaluate your application.
Foreign Applicants
Foreign applicants can file a TEAS Standard application as long as they designate a U.S.-licensed attorney to represent them.
To maintain the integrity of the U.S. trademark register and ensure compliance with U.S. trademark law, the USPTO now requires foreign-domiciled applicants, registrants, and parties to have U.S.-licensed legal representation, following concerns about unauthorized foreign practitioners filing inaccurate or fraudulent submissions.
Additional Statements
Depending on the specifics of your trademark, you may need to provide additional statements after submitting your application.
For example, if your trademark includes non-English words, color, or a design element, you’ll need to provide additional information to clarify these details.
Other situations that may require additional statements include cases where the trademark includes a living person’s name or portrait, or if the mark is already registered under a different owner name. These additional statements help the USPTO process your application more efficiently and ensure that all necessary information is provided.
Importance of a Comprehensive Trademark Search
Before submitting your TEAS Standard application, it’s vital to conduct a comprehensive trademark search. This search will help you identify any existing trademarks that might conflict with yours, reducing the risk of your application being rejected or facing legal disputes down the road.
A comprehensive trademark search should cover the following areas:
Federal and State Trademarks
A thorough search of federally registered and pending trademarks through the USPTO database is essential. Additionally, searching state trademark databases helps ensure that your mark isn’t already in use at the state level. Overlooking state trademarks can lead to conflicts, even if your mark is approved federally.
Common Law Trademarks
Not all trademarks are officially registered. Common law trademarks are established through usage, not registration. These unregistered trademarks can still cause legal issues, so it’s crucial to search business directories, online resources, and industry publications to identify potential common law conflicts.
Conflicts in Sound, Appearance, and Meaning
Beyond identical trademarks, you need to consider marks that may sound or look similar to yours or have a similar meaning. For instance, if your mark for a skincare line is “Pure Bliss,” a similar-appearance mark like “Purely Bliss” could cause confusion in the marketplace, even if it’s for different but still related goods/services.
Related Goods/Services
Goods or services don’t have to be identical to create a conflict. Goods/services could be considered related if they’re used together, sold by the same types of businesses, or appeal to the same customers. For instance, skincare and haircare products may be considered related because they’re often sold by the same retailers or appeal to similar buyers.
Why a Trademark Search is Critical for TEAS Standard Filers
Filing under TEAS Standard offers flexibility, but without a comprehensive trademark search, you risk wasting time and money. Imagine filing your application only to find out that a similar mark is already in use, leading to a refusal or a legal challenge. A search ensures that your mark is unique and reduces the likelihood of costly complications later.
Final Thoughts on Filing with TEAS Standard
Choosing TEAS Standard is a smart move for applicants who need flexibility in their filing process. While it costs more than TEAS Plus, it offers greater leeway in meeting application requirements. For this reason, carefully planning your trademark application and conducting a comprehensive trademark clearance search are essential steps in building your brand.
At TradeMark Express, we help clients navigate the complexities of the trademark process. Whether you need assistance conducting a thorough trademark search or filing through TEAS Standard, we’re here to help. Reach out to us today to protect your brand and move forward with confidence!