FORMS FOR TRADEMARK CASES

The following forms illustrate the manner of preparing applications for registration of marks and various papers in trademark cases, to be filed in the Patent Office. Applicants and other parties will find their business facilitated by following them. These forms should be used in cases to which they are applicable. A sufficient number of representative forms are given which, with the variations indicated by the notes, should take care of all the usual situations. In special situations such alterations as the circumstances may render necessary may be made provided they do not depart from the requirements of the rules or the statute. Before using any forms the pertinent rules and sections of the statute should be studied carefully.

4.1

4.2

4.3

4.4

Trademark application by an individual; Principal Register.
Power of attorney accompanying application.

Authorization of agent accompanying application.

Appointment of domestic representative accompanying application.

4.5 Trademark application by a firm; Principal Register.

4.6

4.7

4.8

4.9

Trademark application by a corporation; Principal Register.
Service mark application; Principal Register.

Collective mark application; Principal Register.

Certification mark application; Principal Register.

4.10 Application based on concurrent use; Principal Register. 4.11 Application to register on Supplemental Register.

4.12 (deleted)

4.13 Application for renewal.

4.14 Affidavit for publication under section 12 (c).

4.15 Affidavit required by section 8.

4.16

Affidavit under section 15.

4.17 Notice of opposition.

4.18 Petition to cancel a registration.

4.19 Ex parte appeal from Examiner of Trademarks.

4.21 Assignment of application.

4.22 Assignment of registration.

AUTHORITY: Rules 4.1 to 4.22 issued under sec. 41, 60 Stat. 440; 15 U.S.C. 1123. Interpret or apply sec. 1, 60 Stat. 427; 15 U.S.C. 1051.

The above identified applicant has adopted and is using the trademark shown in the accompanying drawing (1) for

(Common, usual or ordinary name of goods)

and requests that said mark be registered in the United States Patent Office on the Principal Register established by the act of July 5, 1946. The trademark was first used on the goods (2) on

; was first

(Date)

(Date)

(5) and five specimens showing the mark as actually used are presented herewith. State of.

County of__.

(Name of applicant)

88.

being sworn,

states that he believes himself to be the owner of the trademark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; and the facts set forth in this application are true.

NOTES: (1) If registration is sought for a word or numeral mark not depicted in any special form, the drawing may be the mark typed in capital letters on letter-size bond paper; otherwise, the drawing shall comply with rule 2.52.

(2) If more than one item of goods is set forth and the dates given apply to only one of the items listed, insert the name of the item to which the dates apply. (3) Type of commerce should be specified as "interstate," "Territorial,” “foreign," or such other specified type of commerce as may be lawfully regulated by Congress. Foreign applicants relying upon use must specifiy "commerce with

the United States." (Foreign applicants relying on a home registration or entitled to a right of priority may omit this sentence)

(4) If the mark is other than a coined, arbitrary or fanciful mark which is claimed to have acquired a secondary meaning, insert whichever of the following paragraphs is applicable:

(a) The mark has become distinctive of applicant's goods as a result of substantially exclusive and continuous use in commerce for the five

(Type of commerce)

years next preceding the date of filing of this application. (b) The mark has become distinctive of applicant's goods as evidenced by the showing submitted separately.

(5) Insert the manner or method of using the mark with the goods, i.e., "the goods," "the containers for the goods," "display associated with the goods," "tags or labels affixed to the goods," or such other appropriate method as may be used.

(6) The notary's seal or stamp or other evidence of authority in the jurisdiction of execution must be affixed.

(7) If the applicant is not domiciled in the United States, a domestic representative must be appointed. See rule 4.4.

4.2 Power of attorney accompanying application. Applicant hereby appoints

State of

(Address)

(8)

member of the bar of the

to prosecute this application to register,

to transact all business in the Patent Office in connection therewith, and to receive the certificate of registration.

NOTE: (8) If the name of the law firm is used, the names of the members of the firm and their States of admission to the bar shall be set forth.

Authorization of agent accompanying application.

Applicant hereby appoints

4.3

with offices at

(Street, city and State)

Patent Office Registration No.

(9)

to prosecute this application to register, to transact all business in connection therewith, and to receive the certificate of registration.

NOTE: (9) Authorization of an agent must be an individual authorization, and names of firms of agents will not be recognized.

4.4

Appointment of domestic representative (10) accompanying application. whose postal

address is

(Name of representative)

(Street, city and State)

is

hereby designated applicant's representative upon whom notices or process in proceedings affecting the mark may be served.

NOTE: (10) The appointment of a domestic representative must be separate from a power of attorney or authorization of agent.

he is a member of the applicant firm; he believes said firm to be the owner of the mark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; and the facts set forth in this application are true.

4.6

Trademark application by a corporation; Principal Register.

To the COMMISSIONER OF PATENTS:

State of
County of

Mark

(Identify the mark)

Class No.

(If known)

(Corporate name and State or country of incorporation) (11)

(Business address, including street, city and State)

(Situs of corporation, including street, city and State)

(Body of application form is same as rule 4.1)

88.

being sworn,

states that: he is

(Name of corporate officer)

(Official title)

of applicant corporation and is authorized to execute this affidavit on behalf of said corporation; he believes said corporation to be the owner of the mark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; and the facts set forth in this application are true.

NOTE: (11) If applicant is an association or other collective group, the word "association" or other appropriate designation should be substituted for "corporation."