TSDR Trademark Status and Document Retrieval
(TSDR is at http://tsdr.uspto.gov/)
The TSDR database from the USPTO integrates the previous TDR and TARR, as Trademark Status and Document Retrieval (TSDR). TSDR provides access to viewing, printing, and downloading snapshots of the data the USPTO stores about a trademark application or registration. One of the cool features of TSDR is that the TSDR link to any particular application or registration stay hot and active as opposed to TESS links that go stale. This comes in handy for saving information regarding the results of searches.
The features of TSDR include:
Why is the TSDR important? The USPTO uses document steps to advance a trademark application through the necessary steps to get to final disposition of registration or abandonment. Each of these steps has one or more documents that show the step.
Document Viewing and Downloading: Note that an electronic copy of any of these documents is available online by selecting the name of the document in the list on the TSDR at http://tsdr.uspto.gov for the applicable serial number or registration number of a mark. Any of these documents can be downloaded by ticking the box on the left of the TSDR records and selecting the Download PDF button at the bottom.
Answers on TSDR from http://tsdr.uspto.gov/faqview
Does TSDR limit downloads? Sometimes, yes. In order to maintain general availability of USPTO information and services provided on the Internet, any activity or operation by a third party that has the potential to cause a denial or diminution (decrease) of services to other customers, whether generated automatically or manually, will result in the Office denying or limiting access to the Office Internet resources to that third party.
Who do I contact for questions about Documents viewed in TSDR? Contact the Trademark Assistance Center, at 1-
What is TSDR? TSDR (Trademark Status Document Retrieval) is a web application that provides real-
To access TSDR, all that is necessary is entry of a U.S. application serial number, a U.S. or International Registration number, or a U.S. Reference Number.
Browser & Display
Does TSDR require a browser plug-
You may down load an Adobe application from the internet. The USPTO does not endorse these particular Adobe products; however, these products have been tested for use with TSDR.
Does TSDR run with all web browsers? Supported browsers include IE 8.0; and the latest versions of Fire Fox; Chrome; Opera and Safari. These are the browsers that have been tested so far. If you are using a different browser and it does not work with TSDR, you may acquire one of the aforementioned browsers from the internet.
The USPTO does not endorse any particular browser.
View & Download
How do I view the HTML or the XML of a file? Click the download button on the menu bar and a drop down menu will appear with selections: Status, PDF, Document and Original. The user chooses Status and Original, then clicks download from the drop down menu. At this point the Winzip Wizard software will become activated. WinZip makes it easy to create a split Zip file (.zip or .zipx), A Zipx file (.zipx) is a Zip file created with one or more advanced compression methods available in WinZip. Continuing from the point of downloading, a second screen opens with the options: Open, Save and Cancel. The user clicks Save and on the two following screen clicks Next. Then the user will get a warning screen, click yes or check "Do not display this dialog in the future". Next the user will see a screen that has the options: WinZip Classic, Help, back, Unzip Now and Close. The user should choose Unzip Now. On the next screen choose Finish. At this point the files should display on the user's screen.
How do I print documents? Download the document(s) to your computer, then use the "print" function of your particular PDF viewer to print documents. If you use the "print" function of your browser to print documents you are viewing, you may find the result to be distorted and not a faithful reproduction of the original. For this reason, the USPTO recommends downloading the document to your computer, and printing via the "print" function of your PDF viewer.
How do I download the documents? Click the check box to the left of the document(s) you are interested in downloading, or click the "select all" button at the top of the list if you would like to download all of the contents of the file. Then click the "Download PDF" or the "Download Original" button. You will be prompted to indicate where on your computer you would like to save the resulting PDF or Zip file.
Other FAQs
Why does it takes 15 seconds or more sometimes for the multimedia file to start playing? The size of the multimedia file will determine how quickly the file loads and starts to play. Consequently, if the multimedia file is large it will take a longer time to load.
FAQ
What does REFUSAL – DIGITALLY CREATED/MOCK-
Digitally created or altered image or mockup is not an acceptable specimen. Registration is refused because the specimen appears to consist of a digitally created or altered image or a mockup of a depiction of the mark on the goods or their packaging and does not show the applied-
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-
An image of a product or packaging that has been digitally created or altered to include the mark or a mockup of how the mark may be displayed on the product or packaging is not a proper specimen for goods because it does not show actual use of the mark in commerce. See 15 U.S.C. §1127; 37 C.F.R. §2.56(c); TMEP §904.04(a).
In this case, the specimen appears to be digitally created, or a mock-
What does Registration Certificate mean? This means the trademark has registered with the USPTO and a certificate will be mailed to the correspondent on record.
What does ‘Notice of Acceptance of Statement of Use’ mean? This means the Statement of Use has been approved for an Intent to Use application. This acceptance (or reufsal) usually takes about 15 days to occur. According to the USPTO Data Visualization Center (4th quarter 2019), the target time for processing a Statement of Use (SOU) is 15 days and the estimated time from filing an SOU to registration is 3.5 months.
What does ‘Publication & Issue Review Complete’ mean? This means the final review prior to publication has been completed, application will be published in the Official Gazette when it is registered (for an Intent to Use application that has already gone through its opposition) or will be published for opposition (for a Use in Commerce application that has not gone through its Opposition Period yet.
What does ‘TRAM Snapshot of App at Pub for Oppostn’ mean? This means the final review prior to publication has been completed and the application will be published for opposition. This document appears twice in an Intent to Use application even though the second time it is not going to publish for opposition again, it is just going to publish in the Official Gazette.
What does ‘ITU Unit Action’ mean? This means that the USPTO Intent to Use (ITU) department is in the process of taking action on an Intent to Use Application. Actions include approving or disapproving a Statement of Use (SOU) or Alleged Amendment of Use (AAU) or approving or disapproving a request for an extension of time to submit a specimen of use.
What does ‘Assigned to LIE’ mean? LIEs (Legal Instruments Examiners) are USPTO personnel that perform reviews and update trademark cases. TMEP 1401.01(a): “A legal instruments examiner ("LIE") will conduct a preliminary review of an amendment to allege use to determine whether it is timely and complies with the minimum requirements of 37 C.F.R. §2.76(c). If so, the LIE will refer the amendment to allege use to the examining attorney for examination on the merits. With respect to the requirement that the amendment to allege use include a verification or declaration signed by the applicant, or a person properly authorized to sign on behalf of the applicant, that the mark is in use in commerce, the LIE will review the document only to determine whether it bears a signed verification stating that the mark is in use in commerce. The examining attorney will determine whether the amendment to allege use was filed by the owner.”
What does ‘Statement of Use’ mean? What does ‘Specimen’ mean? What is an ‘Allegation of Use’?
A Statement of Use is one form of An Allegation of Use, a sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. (Since most trademarks are now filed electronically, this is usually an electronic signature.) With the Allegation of Use, the owner must submit: a filing fee of $100 per class of goods/services; and one specimen. A specimen is a sample of the use of the mark that acts as evidence that the mark has been properly used in commerce for each class of goods/services. Note that the type of sample appropriate for submission is different for a trademark (sales of goods) than it is for a service mark (sales of services). An Amendment to Allege Use (AAU) is another type of Allegation of Use but differs in the time period when it is submitted.
What does ‘SU -
What is a ‘Notice of Allowance’ (NOA)? A written notification from the USPTO that a specific mark has survived the opposition period following publication in the Official Gazette, and has consequently been allowed for registration. It does not mean that the mark has registered yet. Notices of allowance are only issued for applications that have been filed based on "Intent to Use". The Notice of Allowance is important because the issue date of the Notice of Allowance establishes the due date for filing a Statement of Use (SOU). After receiving the Notice of Allowance, the applicant must file a Statement of Use or a request for an extension of time to file a Statement of Use within 6 months from the issue date of the Notice. If the applicant fails to timely file a Statement of Use or a request for an extension of time to file a Statement of Use, the application will go abandoned.
What does ‘Amendment and Mail Process Complete’ mean? This means that changes have been made to the trademark record. These changes may have been made by the applicant in a Response to Office Action (ROA) or Voluntary Amendment or may have been made by the examiner in an Examiner’s Amendment or may have been made by the applicant using some other form.
What does ‘Offc Action Outgoing’ mean? This document is usually a refusal to register based on a problem with the application or a problem with the trademark itself. The most common refusals are a LIKELIHOOD OF CONFUSION (conflicting mark) with a registered or pending trademark. Other common refusals are for MERELY DESCRIPTIVE trademarks or for goods and services identification problems. Occasionally, this is not a refusal but an examiner’s amendment documenting changes that the examiner has made usually as a result of an agreement with the attorney of record or applicant after a telephone conference.
What does ‘XSearch Search Summary’ mean? This is a listing of the LIKELIHOOD OF CONFUSION trademark search that the examiner did. The procedure like that trademark examiner’s follow is found at Likelihood of Confusion Search. Applicant’s can avoid LIKELIHOOD OF CONFUSION refusals by conducting similar trademark searches themselves and rejecting trademarks that are confusingly similar to registrations and pending trademarks. The problem with this is that CONFUSINGLY SIMILAR is a ‘term of art’ and is defined by both statutes and case law and is not just a matter of eliminating identical potential marks from consideration.
What does Publication & Issue Review Complete mean? This change in the record means that the USPTO believes the trademark would be entitled to registration under the current circumstances (assuming an acceptable AAU or SOU were filed for an intent-
What does ‘Response to Office Action’ mean? This means a response has been filed by the applicant or applicant’s representative to an Offc Action Outgoing. A response must fully respond to the examiner’s office action in order to be accepted or the application may be issued a final refusal.
What does ‘TEAS Revoke Appointed Attorney’ mean? This means that an attorney has been changed (not necessarily revoked). The same form is used to appoint or revoke but the record always indicates Revoke in either situation.
What does ‘Notice of Pseudo Mark’ mean? The USPTO assign pseudo marks to some new applications to assist in searching the USPTO database for conflicting marks. Pseudo marks have no legal significance and will not appear on the registration certificate. The pseudo-
What does ‘Design Search Code Corr Project’ mean? The USPTO may assign design search codes, as appropriate, to new applications and renewed registrations to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate. DESIGN SEARCH CODES are numerical codes assigned to figurative, non-
What does ‘Notice of Abandonment’ mean? This means that the identified trademark was abandoned in full usually because a response to the Office Action was not received within the 6-
What does ‘Suspension Letter’ mean? A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons [such as a likelihood of confusion with a pending application]. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters.
What does ‘ITU Extension Approval’ mean? This means that another 6 months has been approved in which to file a Statement of Use in an Intent to Use application. Applicant must continue to file extension requests every 6 months calculated from the date the Notice of Allowance was issued until a Statement of Use is filed. Please note that a Statement of Use cannot be filed more than 36 months from the issuance date of the Notice of Allowance.
What does ‘Request to Divide’ mean? An applicant can split an application into separate parts containing different International Classifications in the event that one classification has been held up by refusals or lack of a Statement of Use for all classifications or other reasons. This allows the individual parts to be prosecuted separately. When the applicant files a request to divide goods/services that are in use from goods/services that are not yet in use, the USPTO puts the goods/services in use in the newly created (child) application, and retains the goods/services not in use in the original (parent) application. More child applications may later be created from the parent application.
What does ‘Notice of Publication’ or ‘Notice of Actual Publication’ mean? This is a written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication. The notice of publication provides the date of publication. Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use or on a foreign registration under §44, or a Notice of Allowance will issue for intent-
What does "Notification of Notice of Publication" mean? This email notification indicates the future date of publication (the date of the beginning of the opposition period), and allow a user to go to TSDR to download the notice. Then, on the actual date of publication, "Notice of Actual Publication" will appear in the TSDR and will be emailed to the correspondent of record.
What does ‘Examiner's Amendment’ mean? This is a written confirmation of an amendment made to a trademark application. The trademark examining attorney assigned to the application will make the amendment after consultation with an applicant or the applicant’s attorney. The examiner’s amendment is merely a written confirmation of the agreement between the examining attorney and the applicant as to the amendment, and it is also a notice that the amendment will be made. The applicant need not respond to the examiner’s amendment unless the applicant wishes to make further changes to the application.
How do I ensure receipt of my emails coming from the USPTO? If you have installed Anti-
1) the destination email address is not valid. Please check that the entered email address does not contain any typographical errors.
2) the destination email address is relaying the email to a different address.
3) the USPTO cannot perform a "reverse DNS look-
4) the destination email server is blocking any email address that ends with "uspto.gov" as spam. NOTE: Email originating from "uspto.gov" may include attachments, so email from the USPTO address with attachments should not be blocked.
(From http://www.uspto.gov/trademarks/notices/pub_notice_and_multiple_emails.jsp)
Trademark Checklist-
Having a trademark application that is just right!
1. Check Inherent Strength Does your trademark consist of inherently distinctive element(s) that can be claimed for exclusive use?
Marks that are merely descriptive (or worse, generic) are hard to register and hard to protect. Section 2(e) refusals are very common refusals. Whether a trademark is merely descriptive depends on the goods and services description.
2. Check Right to Use
Does the trademark have a likelihood of confusion with prior-
Likelihood of confusion refusals are very common refusals and lead to many trademark applications going abandoned.
3. Check Right to Register Does the trademark meet the USPTO rules of registration? (Does not have any grounds for refusal?)
4. Check Specimen Is the trademark used as a trademark or service mark in the specimen?
Specimen refusals are very common refusals. The right type of specimen for any particular application depends on what the goods or services are.
5. Check Goods and Services ID Is the goods/services identification Definite and accurate? Is the services ID as broad as it should be under the circumstances or will a narrower description distinguish it better? Is there “broad terminology, without the clutter of excruciating detail” that can describe your goods or services? In Re Safeway Prod. Inc., 192 U.S.P.Q. (BNA) ¶ 155 (TTAB 1976).
ID refusals are common too but getting the right description identifies the scope of protection. Too narrow of a description can yield narrow rights. Too broad of a description can result in an unnecessary likelihood of confusion with someone else.
6. Check which application form is the best for your trademark application. TEAS Plus? TEAS Standard?
Need help? Email W@TMK.law.
Don’t assume that protecting your reputation and legal rights is too expensive, abandoning your trademark registration because of problems from office actions and refusals may result in a larger losses-
TrademarkRegisterFAQ.com
Search USPTO Trademarks before you start your TEAS trademark application