Jonah Patel
To become a registered e-filer with the USPTO systems, you can refer to the guide 'Getting Started - New Users' on the USPTO website. This guide provides information on how to associate existing patent applications with a customer number. It also outlines the steps to gain access to the Patent Center, which includes an Address & Attorney/Agent link for each application. The Patent Center allows users to correct customer number data electronically or by submitting a form. It also enables users to associate a PCT application with a Customer Number for viewing in the Patent Center.
| Characteristics | Values |
|---|---|
| Identity verification | Mandatory for USPTO.gov account holders to file through trademark filing systems |
| Verification process | Completed online in less than 15 minutes or through a paper verification process |
| Verification via text messages and phone calls | Not allowed after May 1 |
| Verification via email | Allowed |
| Verification via mobile authenticators | Allowed |
| Application | Can be filed online |
| Application types | Trademark, service mark, collective membership mark, certification mark, or collective mark |
| Application status | Can be checked online |
| Application fees | Can be paid online |
| Docketing feature | Available |
| Application deadline | Submissions arriving before 11:59 p.m. Eastern Time will be given that day's filing date |
| Application methods | TEAS, CD, USB memory stick, mail, fax |
| Application processing time | Most filings made through TEAS are uploaded within four to five business days |
| Application correction | Possible after submission |
| Application association with a Customer Number | Requires completion and submission of the Customer Number Upload Spreadsheet or the Change of Correspondence Address form |
| Power of Attorney | Attorneys/agents with Power of Attorney are listed under the Power of Attorney column |
| Customer Number data correction | Can be done electronically in Patent Center or by submitting the USPTO 124A Customer Number Data Change form |
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What You'll Learn
Identity verification
As part of the United States Patent and Trademark Office's (USPTO) efforts to protect the integrity of the U.S. trademark register and safeguard its customers from scams and fraudulent activities, the USPTO has implemented a series of measures to enhance security and verify the identities of its account holders.
In 2019, the USPTO introduced a three-phase login system to increase the accountability of those filing submissions. Phase 1 required users to create a USPTO.gov account to file electronic trademark forms. This enabled the agency to monitor trademark filing behaviour and enforce its Rules of Practice regarding submissions in trademark matters.
On January 8, 2022, the USPTO initiated Phase 2 by offering ID verification on a voluntary basis to existing account holders. This allowed users to verify their identities in either paper or electronic form before it became mandatory. On August 6, 2022, the USPTO transitioned to Phase 3, making it mandatory for existing and new account holders to verify their identities as a prerequisite for filing electronic trademark forms. At this stage, only verified account holders could access and submit trademark forms. Phase 3 also introduced additional security by restricting access to electronic trademark records to authorised individuals associated with specific records.
The implementation of the mandatory identity verification process enhances security and further deters fraud. Previously, trademark customers only needed to attest to the information in their applications and submissions if the USPTO raised questions. The new measures empower the USPTO to proactively investigate suspicious applications and impose sanctions on rule violators, ensuring the integrity of the trademark registration process.
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Application status
The application process for trademarks and patents with the United States Patent and Trademark Office (USPTO) is a multi-step procedure that requires careful attention to detail. Here is an overview of the application status and the steps involved:
- Identity Verification: Before initiating the application process, individuals must complete a mandatory identity verification process to create an account on USPTO.gov. This one-time verification can be done online in under 15 minutes or through a paper verification process.
- Application Submission: Applicants can apply for trademarks or patents online through the USPTO website. It is crucial to gather basic information beforehand to avoid mistakes that could lead to delays or legal issues.
- Processing Time: The USPTO provides information on current processing wait times. Filing applications, response forms, and post-registration documents accurately can expedite the process. The USPTO also offers tips to avoid processing delays.
- Status Updates: Applicants can check the status of their trademark applications through the Trademark Status and Document Retrieval (TSDR) system. Most filings made through the Trademark Electronic Application System (TEAS) are uploaded to the TSDR within four to five business days.
- Maintenance and Corrections: After submission, trademark applicants must maintain their filings between the fifth and sixth year and again between the ninth and tenth year after the registration date. They can also request amendments or corrections to their registration certificates.
- Registered Filer Status: To become a registered filer with the USPTO, applicants can refer to the guide "Getting Started - New Users" on the USPTO website. This guide provides instructions on associating existing patent applications with a Customer Number.
- Attorney Representation: Registered users can view Attorney/Agent information for each application in the Patent Center. If no attorney is listed or the information is incorrect, a Power of Attorney form should be submitted.
- Acknowledgement Receipts: Registered users who submit applications through the Patent Center can access their documents via "My Workbench." If an acknowledgement receipt is not generated within three hours, the Electronic Business Center (EBC) should be contacted to confirm receipt before resubmitting.
It is important to note that the USPTO provides specific instructions and resources to guide applicants through the application process and address any issues that may arise during the various stages of application status.
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Maintenance filings
Initial Trademark Registration: When your trademark is initially approved and registered with the USPTO, you'll receive federal protection for your mark. This registration is valid for ten years. During this initial registration period, you must use your trademark consistently and properly to maintain your exclusive rights.
Section 8 Declaration of Use: Between the 5th and 6th year after your initial registration, you must file a Section 8 Declaration of Use. This filing confirms your continued use of the trademark in commerce and is a necessary step to maintain your registration. Failure to file the Section 8 declaration on time can result in the cancellation of your trademark registration.
Section 9 Renewal: The tenth year after your initial registration is a critical milestone. You must file a Section 9 Renewal application to renew your trademark registration for another ten-year period. This process involves reaffirming your continued use of the trademark and paying the necessary renewal fees. If you don't renew your trademark during this window, your registration will lapse, potentially resulting in the loss of your trademark rights.
Incontestability Status (Section 15): Achieving incontestability status for your trademark provides significant benefits. After your trademark has been registered for five consecutive years, you can file a Section 15 Declaration of Incontestability. This filing strengthens your trademark rights and makes it more challenging for third parties to challenge your ownership.
Proof of Use and Specimen: When submitting maintenance filings, particularly for Section 8 and Section 9 renewals, providing proof of use is essential. You'll need to demonstrate that you're actively using the trademark in commerce. This proof typically comes in the form of specimens or examples, such as product packaging, website screenshots, or advertising materials that display your trademark.
It's crucial to stay organized and meet the deadlines for these maintenance filings to ensure the continued protection of your trademark rights. Consider setting reminders or working with a trademark professional to avoid missing critical dates, as lapsed registrations can lead to complications and potential loss of trademark protection.
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Customer number
A customer number is a crucial component of the application process for patents and trademarks. It serves as a unique identifier for each applicant, facilitating the management and tracking of submissions. To ensure the accurate association of applications with the respective customer numbers, the USPTO provides specific guidelines and procedures.
One method to associate an application with a customer number is by utilising the Customer Number Upload Spreadsheet, accessible at http://www.uspto.gov/patents/process/file/efs/guidance/register.jsp. This spreadsheet allows for the association of multiple applications or patents with a customer number. Alternatively, applicants can opt to use the Change of Correspondence Address form (SB/122), found at http://www.uspto.gov/web/forms/sb0122_fill.pdf. It is important to note that this form can only be used for a single application, unlike the Customer Number Upload Spreadsheet.
In the context of PCT applications, a specific process is in place. To associate a PCT application in the International phase with a customer number for viewing in the Patent Center, applicants must download and complete the "Request to Update a PCT Application with a Customer Number" form. This form can be accessed at http://www.uspto.gov/patents/process/file/efs/guidance/register.jsp. Subsequently, it should be mailed or faxed to the EBC at 571-273-0177.
For registered users who have encountered issues with receiving an acknowledgement receipt when filing an application through the Patent Center, it is recommended to access the submitted document via My Workbench. Typically, the acknowledgement receipt should be generated within three hours. If it is not available within this timeframe, users are advised to contact the EBC to confirm the receipt of their documents before considering resubmission.
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Power of Attorney
A power of attorney is a legal device that gives someone (usually a lawyer) the power to act on your behalf. In the context of the United States Patent and Trademark Office (USPTO), a power of attorney allows a representative to act on an applicant's behalf in matters relating to patents and trademarks.
Who Can Be Granted Power of Attorney?
According to the USPTO, a power of attorney must name as a representative either:
- One or more joint inventors
- Up to ten registered patent attorneys or registered patent agents
- Those registered patent practitioners associated with a Customer Number
It's important to note that a power of attorney cannot be granted to both a list of practitioners and a Customer Number. If a power of attorney names more than ten patent practitioners, it must be accompanied by a separate paper indicating which ten practitioners are to be recognised by the Office as being of record in the application or patent to which the power of attorney is directed.
Requirements for Power of Attorney
The USPTO has specific requirements for powers of attorney, including:
- The power of attorney must be submitted in writing and signed by the applicant or their authorised representative.
- For international applications, the power of attorney must be submitted to the United States Receiving Office or the International Bureau.
- Powers of attorney must comply with naming requirements, as outlined in Rule 4.4.
- The power of attorney must be submitted before the issuance of the international search report.
Revoking Power of Attorney
A power of attorney can be revoked by the applicant or registrant. The USPTO provides forms to revoke the power of attorney and update their records. The form must be signed by the individual who granted the power of attorney or their authorised representative.
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Frequently asked questions
To become a registered e-filer with the USPTO, refer to the guide 'Getting Started – New Users' on the USPTO website.
To associate existing patent applications with a Customer Number, complete and submit the Customer Number Upload Spreadsheet. This information can also be sent on a CD or USB memory stick. Alternatively, submit the Change of Correspondence Address form (SB/122).
If you are a registered user with a Customer Number, go to My Workbench and access the document you submitted. The document may take up to three hours for the acknowledgment receipt to generate. If the receipt is still not available, contact the EBC to confirm that the document was received. Do not resubmit your application until you have confirmed that it was not received.
You can correct Customer Number data electronically in Patent Centre or by submitting the USPTO 124A Customer Number Data Change form. You may mail the form or fax it to 571-273-0177.
