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Review and Validate Your Trademark Application Form

In this section we cover the process of verifying that your trademark application input is correct so that you do not make costly errors and lose your filing fee. In previous steps in this series we have covered:

The validation screen will appear and give your several ways to review the information that you have put into your trademark application. Be careful not to use the “back” button on your browser when reviewing these validation documents. Instead, use the “Go Back” button provide on the screen.

Review Your Trademark Form Input Carefully

As stated by the USPTO guidance, do a careful review to ensure the accuracy of the information you have entered. It can be difficult, costly and sometimes impossible to make changes to the application depending on the nature of the problem.

If you are a novice, go through and review each presentation of the application data that is provided for your review. I especially like to review the “Input” section by clicking on the link provided. I always print the Input data to a PDF file for my records. The USPTO must agree with this procedure because they have recently instituted a “Save as PDF” button on the Input section screen.

Click on the other links such as “Specimen” to verify that everything looks right. Again, click “Go Back” on the screen not in your browser to return to the Validation Page.

trademark application filing screen 12-1

Email Address for the Trademark Application Filing Receipt

Enter your email address in the Step 2 above twice as shown. This is the email address that the USPTO will send your filing receipt to for the application. The Trademark Office will not mail a filing receipt if you file electronically as I recommend.

Examples of USPTO Application Data

Following are several examples of the USPTO application data generated by the links in the table above for your review. Again, the most important of these for you to review will be the “Input” data.

Example of USPTO Generated Input for Your Review

trademark application filing input data

trademark application input data part 2

Example of the USPTO Generated Image of the Trademark

trademark application image of the mark

Example of the USPTO Generated Image of the Specimen of Use:

Example of trademark application specimen of use

The specimen of use above actually got rejected by the USPTO examining attorney. I quickly filed a correction that was acceptable before the examiner issued an office action. I guess this is why an attorney who represents himself has a fool for a client.

See if you can tell why this specimen was rejected and leave your comment below. The first person who leaves a correct reason in the comments below will receive a coupon for a free professional U.S. Federal trademark search with a PDF report on the results. You can use it yourself, or give it to a friend.

Example of USPTO Generated XML File with the Application Data

trademark application xml file data

 

Example of USPTO Generated Text Form

trademark application text

How to Download Your Data for Later

In Step 3, you may download your data before filing. Do this if you want to send your application to someone else, such as an attorney, for review. Or, if you are unsure of filing at this time and want to save your data for later. You can upload your data later if you save it in the Portable Data format provided by the USPTO. This is probably a good choice if you have any questions about your application and want to postpone filing.

trademark fees non-refundable

Trademark Filing Fees are Not Refundable

Notice the bright read text in the trademark application screen shot above!  The USPTO wants to make sure that you do not blame them for any mistakes. Thus, they provide Step 4 as a warning to you before you file. You cannot get refunds for any reason after filing a trademark application.

Also, some applications to register a trademark are rejected and never get registered. You should understand that filing an application does not guarantee that you will get a registered trademark. The USPTO does not give refunds because your application does not work out as planned. This is why it is important to do a search for your trademark before filing. Even then, sometimes things don’t work out as hoped. It’s just part of the reality of business and trademarks.

Once you have read and understood the warning, check the box. Now you are ready for Step 5 to Pay and Submit your application. Click on the Pay/Submit button.

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