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Checklist: Documents to Collect When Trademarking Your Business Name


Available in PDF | MS Word

When you apply for a trademark or service mark for your business name, you will need to provide certain documents to your attorney. Below is a list of documents you should collect:
____Partnership agreement, if applicable.
____Articles of incorporation, if applicable.
____Exact copy of mark you want to register.
____Specimens of mark you want to register.

A specimen is a real-world example of how the mark is actually used on goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8½" x 11", then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8½" x 11". One specimen is required for each class of goods or services specified in the application.

____If concurrent registration of the mark has previously been allowed, an example of the other concurrently registered mark.
____Copy of past or present certificate of registration and/or notice of allowance.
____If the application is based on foreign registration, a certification or certified copy of the foreign registration.
____Opinions, reports, or decisions of the Patent and Trademark Office on past applications or registrations of mark.

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