Completing the Application
Following is a brief guide to completing the Application for Registration of Trademark/Servicemark.
- Name of Applicant - The owner of the mark.
- Address - The address of the owner of the mark. A telephone number should be included to assist in the application process.
- Contact Person - A contact should be listed if questions about the application should be directed to a person other than the person signing the application. This should be completed even if there is an accompanying cover letter.
- Owner type - Check the box that best applies to the type of entity that the owner of the mark is. If the owner is a corporation, the state of incorporation must be given.
- Trademark/Servicemark - This box should contain ALL the words you wish to have registered, even if they are incorporated into a graphic design. Words that are separated in the graphic design should be set apart by a hyphen (-).
- Logo/Design - If the mark involves symbols, designs, or non-standard typeface, a brief description of the features of this design must be included and the 'yes' box marked. An example of an acceptable description would be "The words 'House of Tacos' placed above an outline of a cowboy eating a taco."
- Disclaimer - Words that are generic or merely descriptive of the goods or services must be disclaimed. Words that refer to geographic areas generally also must be disclaimed. If the mark has been used in commerce for over five years, descriptive words do not need to be disclaimed. See the back of the application for more details.
- Class - You must select one class per application. A list of classes is found on the application. Classes 1-34 are used only for goods and classes 35-45 are used only for services.
- Description of Goods and Services - A brief one or two sentence description specifically listing only the goods or services that fall within the class you have chosen. A typical description for marks falling in class 16 (paper goods and printed matter) would be the following: The mark is used on, or in connection with publications, namely magazines and newsletters.
- Date of First Use - Give the date of the first time you used the mark in connection with the goods or services you have listed. Both the first use in Indiana and anywhere in the United States must be completed. If a mark was first used in Indiana, the dates would be identical. The dates given must be prior to the date the application was signed.
- Mode or Manner of Use - If your mark is used on goods (1-34) then check the boxes that apply in 11 (a). Do not select anything from 11 (b). If your Mark is used in connection with a services (classes 35-45) then check boxes in 11 (b) only. If you feel that the way you use your Mark applies to both 11(a) and 11(b) two applications should be filled out, one for each classification.
- Predecessor - If a mark was used by a predecessor in business, give the name, address, and dates of use by the predecessor. A predecessor in business is normally a company that has been purchased by current owner of the mark.
- Verification Statement - All applications must be signed by the owner of the mark whether the owner is an individual, a partner of a firm or partnership, or an officer of a company filing for the mark. You must check the box that applies to you. If you are an officer of the company, you must also list your corporate office title. The application cannot be filed unless this title is given.
- Specimens - Three specimens (examples showing the mark in actual use) must accompany the application. See 'Requirements for Specimens' on the back of the application. An application without proper specimens will be immediately returned unfiled. If your mark includes a logo or design, a drawing page is necessary. This page should include only the mark exactly as you want it to be registered. All other text and graphics should be removed, including TM and SM. This page must be on white paper, and only black or gray ink may be used on the drawing. This page will be computer scanned and kept as part of the trademark database.