37 CFR 2.22 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Requirements for a TEAS Plus application.

§ 2.22 Requirements for a TEAS Plus application. (a) A trademark/service mark application for registration on the Principal Register under section 1 and/or section 44 of the Act that meets the requirements for a filing date under § 2.21 will be entitled to a reduced filing fee under § 2.6(a)(1)(iv) if it includes: (1) The applicant's name and domicile address; (2) The applicant's legal entity; (3) The citizenship of each individual applicant, or the state or country of incorporation or organization of each juristic applicant; (4) If the applicant is a domestic partnership, the names and citizenship of the general partners, or if the applicant is a domestic joint venture, the names and citizenship of the active members of the joint venture; (5) If the applicant is a sole proprietorship, the state of organization of the sole proprietorship and the name and citizenship of the sole proprietor; (6) One or more bases for filing that satisfy all the requirements of § 2.34. If more than one basis is set forth, the applicant must comply with the requirements of § 2.34 for each asserted basis; (7) Correctly classified goods and/or services, with an identification of goods and/or services from the Office's Acceptable Identification of Goods and Services Manual, available through the TEAS Plus form. In an application based on section 44 of the Act, the scope of the goods and/or services covered by the section 44 basis may not exceed the scope of the goods and/or services in the foreign application or registration; (8) If the application contains goods and/or services in more than one class, compliance with § 2.86; (9) A filing fee for each class of goods and/or services, as required by § 2.6(a)(1)(iv); (10) A verified statement that meets the requirements of § 2.33, dated and signed by a person properly authorized to sign on behalf of the owner pursuant to § 2.193(e)(1); (11) If the applicant does not claim standard characters, the applicant must attach a digitized image of the mark. If the mark includes color, the drawing must show the mark in color; (12) If the mark is in standard characters, a mark comprised only of characters in the Office's standard character set, typed in the appropriate field of the TEAS Plus form; (13) If the mark includes color, a statement naming the color(s) and describing where the color(s) appears on the mark, and a claim that the color(s) is a feature of the mark; (14) If the mark is not in standard characters, a description of the mark; (15) If the mark includes non-English wording, an English translation of that wording; (16) If the mark includes non-Latin characters, a transliteration of those characters; (17) If the mark includes an individual's name or portrait, either (i) a statement that identifies the living individual whose name or likeness the mark comprises and written consent of the individual, or (ii) a statement that the name or portrait does not identify a living individual ( see section 2(c) of the Act). (18) If the applicant owns one or more registrations for the same mark, and the owner(s) last listed in Office records of the prior registration(s) for the same mark differs from the owner(s) listed in the application, a claim of ownership of the registration(s) identified by the registration number(s), pursuant to § 2.36; (19) If the application is a concurrent use application, compliance with § 2.42; and (20) An applicant whose domicile is not located within the United States or its territories must designate an attorney as the applicant's representative, pursuant to § 2.11(a), and include the attorney's name, postal address, email address, and bar information. (b) In addition to the filing requirements under paragraph (a) of this section, the applicant must comply with § 2.23(a) and (b). (c) If an application does not fulfill the requirements of paragraph (a) of this section, the applicant must pay the processing fee required by § 2.6(a)(1)(v). (d) The following types of applications cannot be filed as TEAS Plus applications: (1) Applications for certification marks ( see § 2.45); (2) Applications for collective trademarks and service marks ( see § 2.44); (3) Applications for collective membership marks ( see § 2.44); and (4) Applications for registration on the Supplemental Register ( see § 2.47). [84 FR 37093, July 31, 2019, as amended at 84 FR 68046, Dec. 13, 2019]