                                2
                        BASIC FACTS ABOUT
                     REGISTERING A TRADEMARK
                                
                      What is a Trademark?

A  TRADEMARK  is  either a word, phrase,  symbol  or  design,  or
combination   of  words,  phrases,  symbols  or  designs,   which
identifies and distinguishes the source of the goods or  services
of one party from those of others.  A service mark is the same as
a  trademark  except  that it identifies  and  distinguishes  the
source  of  a  service  rather than a product.   Throughout  this
booklet  the  terms "trademark" and "mark" are used to  refer  to
both trademarks and service marks whether they are word marks  or
other  types of marks. Normally, a mark for goods appears on  the
product  or  on  its packaging, while a service mark  appears  in
advertising for the services.

A  trademark  is  different  from a copyright  or  a  patent.   A
copyright  protects  an original artistic  or  literary  work;  a
patent protects an invention.  For copyright information call the
Library of Congress at (202) 707-3000.

                  Establishing Trademark Rights

Trademark rights arise from either (1) actual use of the mark, or
(2)  the filing of a proper application to register a mark in the
Patent and Trademark Office (PTO) stating that the applicant  has
a  bona  fide intention to use the mark in commerce regulated  by
the  U.S.  Congress.  (See below, under "Types of  Applications,"
for  a discussion of what is meant by the terms commerce and  use
in  commerce.)  Federal registration is not required to establish
rights  in  a mark, nor is it required to begin use  of  a  mark.
However,  federal  registration can secure  benefits  beyond  the
rights  acquired by merely using a mark.  For example, the  owner
of a federal registration is presumed to be the owner of the mark
for the goods and services specified in the registration, and  to
be entitled to use the mark nationwide.

There  are  two related but distinct types of rights in  a  mark:
the  right to register and the right to use. Generally, the first
party  who either uses a mark in commerce or files an application
in  the  PTO has the ultimate right to register that  mark.   The
PTO's  authority is limited to determining the right to register.
The  right  to  use a mark can be more complicated to  determine.
This is particularly true when two parties have begun use of  the
same  or  similar  marks without knowledge  of  one  another  and
neither  has a federal registration.  Only a court can  render  a
decision about the right to use, such as issuing an injunction or
awarding  damages for infringement.  It should be  noted  that  a
federal  registration  can provide significant  advantages  to  a
party  involved  in a court proceeding.  The PTO  cannot  provide
advice concerning rights in a mark.  Only a private attorney  can
provide such advice.

Unlike   copyrights  or  patents,  trademark  rights   can   last
indefinitely if the owner continues to use the mark  to  identify
its   goods  or  services.   The  term  of  a  federal  trademark
registration  is 10 years, with 10-year renewal terms.   However,
between  the  fifth  and sixth year after  the  date  of  initial
registration, the registrant must file an affidavit setting forth
certain  information  to  keep the  registration  alive.   If  no
affidavit is filed, the registration is canceled.

         Types of Applications for Federal Registration

An   applicant  may  apply  for  federal  registration  in  three
principal ways.  (1) An applicant who has already commenced using
a  mark  in  commerce  may  file  based  on  that  use  (a  "use"
application).  (2) An applicant who has not yet used the mark may
apply  based on a bona fide intention to use the mark in commerce
(an  "intent-to-use" application).  For the purpose of  obtaining
federal  registration,  commerce means  all  commerce  which  may
lawfully   be  regulated  by  the  U.S.  Congress,  for  example,
interstate  commerce  or commerce between the  U.S.  and  another
country.   The  use in commerce must be a bona fide  use  in  the
ordinary course of trade, and not made merely to reserve a  right
in  a mark.  Use of a mark in promotion or advertising before the
product  or  service is actually provided under  the  mark  on  a
normal commercial scale does not qualify as use in commerce.  Use
of  a  mark  in  purely local commerce within a  state  does  not
qualify as "use in commerce."  If an applicant files based  on  a
bona  fide intention to use in commerce, the applicant will  have
to  use  the mark in commerce and submit an allegation of use  to
the PTO before the PTO will register the mark (See page 12).  (3)
Additionally,   under   certain  international   agreements,   an
applicant  from outside the United States may file in the  United
States  based  on  an  application  or  registration  in  another
country.    For  information  regarding  applications  based   on
international  agreements  please  call  the  information  number
provided on page 4.

A  United  States registration provides protection  only  in  the
United States and its territories.  If the owner of a mark wishes
to  protect  a  mark  in other countries,  the  owner  must  seek
protection  in  each country separately under the relevant  laws.
The   PTO   cannot  provide  information  or  advice   concerning
protection  in other countries.  Interested parties  may  inquire
directly  in the relevant country or its U.S. offices or  through
an attorney.

                  Who May File an Application?

The  application must be filed in the name of the  owner  of  the
mark;  usually  an  individual, corporation or partnership.   The
owner  of a mark controls the nature and quality of the goods  or
services  identified by the mark.  See below in the  line-by-line
instructions for information about who must sign the  application
and other papers.

The  owner  may  submit  and prosecute its  own  application  for
registration,  or  may be represented by an  attorney.   The  PTO
cannot help select an attorney.

                       Foreign Applicants

Applicants  not  living in the United States  must  designate  in
writing  the name and address of a domestic representative  --  a
person  residing  in  the United States  "upon  whom  notices  of
process  may be served for proceedings affecting the mark."   The
applicant  may  do so by submitting a statement  that  the  named
person  at  the address indicated is appointed as the applicant's
domestic  representative under 1(e) of the  Trademark  Act.   The
applicant must sign this statement.  This person will receive all
communications  from the PTO unless the applicant is  represented
by an attorney in the United States.

                 Searches for Conflicting Marks

An  applicant is not required to conduct a search for conflicting
marks  prior to applying with the PTO. However, some people  find
it  useful.  In evaluating an application, an examining  attorney
conducts  a  search and notifies the applicant if  a  conflicting
mark is found.  The application fee, which covers processing  and
search  costs, will not be refunded even if a conflict  is  found
and the mark cannot be registered.

To  determine whether there is a conflict between two marks,  the
PTO  determines whether there would be likelihood  of  confusion,
that  is, whether relevant consumers would be likely to associate
the  goods or services of one party with those of the other party
as a result of the use of the marks at issue by both parties. The
principal factors to be considered in reaching this decision  are
the  similarity  of  the  marks and the  commercial  relationship
between the goods and services identified by the marks.  To  find
a  conflict, the marks need not be identical, and the  goods  and
services do not have to be the same.

The PTO does not conduct searches for the public to determine  if
a  conflicting mark is registered, or is the subject of a pending
application, except as noted above when acting on an application.
However,  there are a variety of ways to get this  same  type  of
information.   First, by performing a search in  the  PTO  public
search  library.   The search library is located  on  the  second
floor of the South Tower Building, 2900 Crystal Drive, Arlington,
Virginia   22202.   Second, by visiting a  patent  and  trademark
depository  library (at locations listed on  pages  14  and  15).
These libraries have CD-ROMS containing the trademark database of
registered  and  pending  marks.   Finally,  either   a   private
trademark search company, or an attorney who deals with trademark
law,  can  provide trademark registration information.   The  PTO
cannot provide advice about possible conflicts between marks.

           Laws & Rules Governing Federal Registration

The  federal  registration  of  trademarks  is  governed  by  the
Trademark  Act of 1946, as amended, 15 U.S.C. 1051 et  seq.;  the
Trademark  Rules, 37 C.F.R. Part 2; and the Trademark  Manual  of
Examining Procedure (2d ed. 1993).

                   Other Types of Applications

In  addition  to trademarks and service marks, the Trademark  Act
provides  for federal registration of other types of marks,  such
as  certification marks, collective trademarks and service marks,
and  collective  membership marks.   These  types  of  marks  are
relatively  rare.   For  forms  and  information  regarding   the
registration   of  these  marks,  please  call  the   appropriate
trademark information number indicated below.

        Where to Send the Application and Correspondence

The  application and all other correspondence should be addressed
to  "The  Assistant  Commissioner for  Trademarks,  2900  Crystal
Drive,  Arlington, Virginia 22202-3513."  The initial application
should  be  directed  to "Box NEW APP / FEE."   An  AMENDMENT  TO
ALLEGE USE should be directed to "Attn. AAU."  A STATEMENT OF USE
or  REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT  OF  USE
should  be  directed  to "Box ITU / FEE."  (See  page  5  for  an
explanation of these terms.)

The  applicant  should  indicate  its  telephone  number  on  the
application  form.   Once  a serial number  is  assigned  to  the
application, the applicant should refer to the serial  number  in
all   written   and  telephone  communications   concerning   the
application.

It is advisable to submit a stamped, self-addressed postcard with
the  application specifically listing each item in  the  mailing,
that  is, the written application, the drawing, the fee, and  the
specimens  (if appropriate).  The PTO will stamp the filing  date
and  serial  number  of  the  application  on  the  postcard   to
acknowledge receipt.  This will help the applicant if any item is
later  lost  or  if  the applicant wishes to  inquire  about  the
application.   The PTO will send a separate official notification
of  the filing date and serial number for every application about
two months after receipt.

              Use of the "TM," "SM" and "r" Symbols

Anyone who claims rights in a mark may use the TM (trademark)  or
SM  (service mark) designation with the mark to alert the  public
to  the  claim.   It is not necessary to have a registration,  or
even a pending application, to use these designations.  The claim
may or may not be valid.  The registration symbol, r, may only be
used  when the mark is registered in the PTO.  It is improper  to
use  this  symbol  at  any point before the registration  issues.
Please  omit all symbols from the mark in the drawing you  submit
with your application; the symbols are not considered part of the
mark.

                       Information Numbers
                                
 General Trademark or Patent Information     (703) 308-HELP
 Automated (Recorded) General Trademark or   (703) 557-INFO
 Patent Information
 Automated Line for Status Information on    (703) 305-8747
 Trademark Applications
 (Additional status information is
 available at (703) 308-9400)
 Assignment & Certification Branch           (703) 308-9723
 (Assignments, Changes of Name, and
 Certified Copies of Applications and
 Registrations)
 Trademark Assistance Center                 (703) 308-9000
 Information Regarding Renewals [Sec. 9],    
 Affidavits of Use [Sec. 8],                 (703) 308-9500
 Incontestability [Sec. 15], or Correcting
 a Mistake on a Registration
 Information Regarding Applications Based    (703) 308-9000
 on International Agreements or for
 Certification, Collective, or Collective
 Membership Marks
 Trademark Trial and Appeal Board            (703) 308-9300
 Assistant Commissioner for Trademarks       (703) 308-8900
                                
                    THE REGISTRATION PROCESS
                                
                  Filing Date - Filing Receipt

The PTO is responsible for the federal registration of
trademarks.  When an application is received, the PTO reviews it
to determine if it meets the minimum requirements for receiving a
filing date.  If the application meets the filing requirements,
the PTO assigns it a serial number and sends the applicant a
receipt about two months after filing.  If the minimum
requirements are not met, the entire mailing, including the
filing fee, is returned to the applicant.

                           Examination

About four months after filing, an examining attorney at the PTO
reviews the application and determines whether the mark may be
registered.  If the examining attorney determines that the mark
cannot be registered, the examining attorney will issue a letter
listing any grounds for refusal and any corrections required in
the application.  The examining attorney may also contact the
applicant by telephone if only minor corrections are required.
The applicant must respond to any objections within six months of
the mailing date of the letter, or the application will be
abandoned.  If the applicant's response does not overcome all
objections, the examining attorney will issue a final refusal.
The applicant may then appeal to the Trademark Trial and Appeal
Board, an administrative tribunal within the PTO.

A common ground for refusal is likelihood of confusion between
the applicant's mark and a registered mark.  This ground is
discussed on pages 2 and 3.  Marks which are merely descriptive
in relation to the applicant's goods or services, or a feature of
the goods or services, may also be refused.  Marks consisting of
geographic terms or surnames may also be refused.  Marks may be
refused for other reasons as well.

                   Publication for Opposition

If there are no objections, or if the applicant overcomes all
objections, the examining attorney will approve the mark for
publication in the Official Gazette, a weekly publication of the
PTO.  The PTO will send a NOTICE OF PUBLICATION to the applicant
indicating the date of publication.  In the case of two or more
applications for similar marks, the PTO will publish the
application with the earliest effective filing date first.  Any
party who believes it may be damaged by the registration of the
mark has 30 days from the date of publication to file an
opposition to registration.  An opposition is similar to a formal
proceeding in the federal courts, but is held before the
Trademark Trial and Appeal Board.  If no opposition is filed, the
application enters the next stage of the registration process.

 Issuance of Certificate of Registration or Notice of Allowance

If the application was based upon the actual use of the mark in
commerce prior to approval for publication, the PTO will register
the mark and issue a registration certificate about 12 weeks
after the date the mark was published, if no opposition was
filed.

If, instead, the mark was published based upon the applicant's
statement of having a bona fide intention to use the mark in
commerce, the PTO will issue a NOTICE OF ALLOWANCE  about 12
weeks after the date the mark was published, again provided no
opposition was filed.  The applicant then has six months from the
date of the NOTICE OF ALLOWANCE  to either (1) use the mark in
commerce and submit a STATEMENT OF USE, or (2) request a six-
month EXTENSION OF TIME TO FILE A STATEMENT OF USE (see forms and
instructions in this booklet).  The applicant may request
additional extensions of time only as noted in the instructions
on the back of the extension form.  If the STATEMENT OF USE is
filed and approved, the PTO will then issue the registration
certificate.

FILING REQUIREMENTS

WARNING:    BEFORE   COMPLETING   AN   APPLICATION,    READ   THE
INSTRUCTIONS  CAREFULLY AND STUDY THE EXAMPLES PROVIDED.   ERRORS
OR  OMISSIONS MAY RESULT IN THE DENIAL OF A FILING DATE  AND  THE
RETURN OF APPLICATION  PAPERS, OR THE DENIAL OF REGISTRATION  AND
FORFEITURE OF THE FILING FEE.

To  receive a filing date, the applicant must provide all of  the
following:

  1.  A written application form;
  2.  A drawing of the mark on a separate piece of paper;
   3.  The required filing fee (see page 11 for fee information);
and
  4.  If  the  application is filed based upon prior use  of  the
  mark  in  commerce, three specimens for each class of goods  or
  services.  The specimens must show actual use of the mark  with
  the  goods or services.  The specimens may be identical or they
  may be examples of three different uses showing the same mark.
  
1.  WRITTEN APPLICATION FORM [PTO FORM 1478]

The  application must be in English.  A separate application must
be  filed  for  each  mark  the  applicant  wishes  to  register.
Likewise,  if  the  applicant wishes to register  more  than  one
version  of the same mark, a separate application must  be  filed
for  each  version.  PTO Form 1478 included in the back  of  this
booklet  may  be  used  for either a trademark  or  service  mark
application.   It  may be photocopied for your convenience.   See
the  examples of completed applications on pages 16 and  17  with
references to the following line-by-line instructions.

LINE-BY-LINE   INSTRUCTIONS  FOR  FILLING  OUT  PTO  FORM   1478,
ENTITLED    "TRADEMARK/SERVICE   MARK   APPLICATION,    PRINCIPAL
REGISTER, WITH DECLARATION"

                       Space 1 -- The Mark

Indicate  the  mark (for example, "THEORYTEC" or "PINSTRIPES  AND
DESIGN").   This should agree with the mark shown on the  drawing
page.   If  there is a discrepancy between the mark described  in
the  written  application and the mark displayed in the  drawing,
the drawing controls.

                    Space 2 -- Classification

It  is not necessary to fill in this box.  The PTO will determine
the   proper   International  Classification   based   upon   the
identification  of  the goods and services  in  the  application.
However, if the applicant knows the International Class number(s)
for the goods and services, the applicant may place the number(s)
in  this box.  The International Classes are listed inside of the
back cover of this booklet.  If the PTO determines that the goods
and  services  listed are in more than one class,  the  PTO  will
notify  the applicant during examination of the application,  and
the  applicant will have the opportunity to pay the fees for  any
additional classes or to limit the goods and services to  one  or
more classes.

                Space 3 -- The Owner of the Mark

The  name of the owner of the mark must be entered in this  box.
The  application must be filed in the name of the owner  of  the
mark  or  the  application will be void, and the applicant  will
forfeit  the filing fee. The owner of the mark is the party  who
controls  the nature and quality of the goods sold, or  services
rendered,  under  the mark.  The owner may be an  individual,  a
partnership,  a corporation, or an association or similar  firm.
If  the applicant is a corporation, the applicant's name is  the
name  under  which it is incorporated.  If the  applicant  is  a
partnership, the applicant's name is the name under which it  is
organized.

                 Space 4 -- The Owner's Address

Enter the applicant's business address.  If the applicant is  an
individual,  enter  either  the  applicant's  business  or  home
address.

         Space 5 -- Entity Type and Citizenship/Domicile

The  applicant must check the box which indicates  the  type  of
entity  applying.  In addition, in the blank following the  box,
the applicant must specify the following information:

  Space  5(a)  --  for  an individual, the applicant's  national
  citizenship;
  
  Space  5(b)  --  for  a partnership, the  names  and  national
  citizenship  of the general partners and the state  where  the
  partnership  is organized (if a U.S. partnership)  or  country
  (if a foreign partnership);
  
  Space  5(c)  --  for a corporation, the state of incorporation
  (if   a   U.S.   corporation),  or  country  (if   a   foreign
  corporation); or
  
  Space  5(d) -- for another type of entity, specify the  nature
  of  the entity and the state where it is organized (if in  the
  U.S.) or country where it is organized (if a foreign entity).
  
     Space 6 -- Identification of the Goods and/or Services

In  this  blank the applicant must state the specific goods  and
services  for  which registration is sought and with  which  the
applicant has actually used the mark in commerce, or in the case
of  an "intent-to-use" application, has a bona fide intention to
use   the  mark  in  commerce.   Use  clear  and  concise  terms
specifying  the  actual  goods  and  services  by  their  common
commercial  names.  A mark can only be registered  for  specific
goods  and  services.   The  goods  and  services  listed   will
establish  the scope of the applicant's rights in  the  relevant
mark.

The  goods  and  services listed must be the applicant's  actual
"goods  in  trade" or the actual services the applicant  renders
for  the  benefit of others.  Use language that would be readily
understandable  to  the general public.   For  example,  if  the
applicant  uses or intends to use the mark to identify  "candy,"
"word   processors,"  "baseballs  and  baseball  bats,"  "travel
magazines," "dry cleaning services" or "restaurant services" the
identification should clearly and concisely list each such item.
If  the  applicant uses indefinite terms, such as "accessories,"
"components,"   "devices,"  "equipment,"  "food,"   "materials,"
"parts,"  "systems," "products," or the like, then  those  words
must  be followed by the word "namely" and the goods or services
listed by their common commercial name(s).  Note that the  terms
used  in  the classification listing on the inside of  the  back
cover of this booklet are generally too broad.  Do not use these
terms by themselves.

The  applicant must be very careful when identifying  the  goods
and  services.  Because the filing of an application establishes
certain  presumptions  of  rights as of  the  filing  date,  the
application  may  not be amended later to add  any  products  or
services  not  within  the  scope of  the  identification.   For
example,  the identification of "clothing" could be  amended  to
"shirts and jackets," which narrows the scope, but could not  be
amended to "retail clothing store services," which would  change
the  scope. Similarly, "physical therapy services" could not  be
changed  to  "medical services" because this would  broaden  the
scope  of  the  identification.   Also,  if  the  identification
includes  a  trade channel limitation, deleting that  limitation
would broaden the scope of the identification.

The  identification of goods and services must not describe  the
mode  of use of the mark, such as on labels, stationery,  menus,
signs, containers or in advertising.  There is another place  on
the  application,  called the "method-of-use clause,"  for  this
kind  of  information.  (See information under Space 7a,  fourth
blank,  described  on  the  next page.)   For  example,  in  the
identification  of  goods and services, the  term  "advertising"
usually   is   intended  to  identify  a  service  rendered   by
advertising agencies.  Moreover, "labels," "menus," "signs"  and
"containers"  are  specific goods.  If the applicant  identifies
these  goods or services by mistake, the applicant may not amend
the  identification  to  the actual goods  or  services  of  the
applicant.   Thus, if the identification indicates  "menus,"  it
could not be amended to "restaurant services." Similarly, if the
goods  are  identified as "containers or labels  for  jam,"  the
identification could not be amended to "jam."

NOTE:    If   nothing  appears  in  this  blank,   or   if   the
identification  does  not  identify any  recognizable  goods  or
services,  the  application will be denied  a  filing  date  and
returned  to  the  applicant.  For  example,  if  the  applicant
specifies  the  mark itself or wording such as  "company  name,"
"corporate  name,"  or  "company logo," and  nothing  else,  the
application  will be denied a filing date and  returned  to  the
applicant.   If the applicant identifies the goods and  services
too   broadly  as,  for  example,  "advertising  and  business,"
"miscellaneous,"  "miscellaneous goods and  services,"  or  just
"products," or "services," the application will also be denied a
filing date and returned to the applicant.

                   Space 7 -- Basis for Filing

The  applicant  must check at least one of  the  four  boxes  to
specify  a  basis  for  filing the application.   The  applicant
should also fill in all blanks which follow the checked box(es).
Usually an application is based upon either (1) use of the  mark
in commerce (the first box), or (2) a bona fide intention to use
the  mark in commerce (the second box).  You may not check  both
the  first  and second box.  If both the first and second  boxes
are  checked, the PTO will not accept the application  and  will
return it.  If an applicant wishes to apply to register a  mark,
for certain goods and services for which it is already using the
mark in commerce, and also for other goods and services based on
future use, separate applications must be filed to separate  the
relevant goods and services from each other.

                           Space 7(a)

If  the  applicant is using the mark in commerce in relation  to
all  of the goods and services listed in the application,  check
this first box and fill in the blanks.

In the first blank specify the date the trademark was first used
to  identify the goods and services in a type of commerce  which
may be regulated by Congress.

In the second blank specify the type of commerce, specifically a
type  of  commerce which may be regulated by Congress, in  which
the  goods  were sold or shipped, or the services were rendered.
(See  page  2  for  a  discussion of  the  meaning  of  "use  in
commerce.")    For   example,  indicate  "interstate   commerce"
(commerce  between two or more states) or commerce  between  the
United  States  and  a  specific foreign country,  for  example,
"commerce between the U.S. and Canada."

In the third blank specify the date that the mark was first used
anywhere  to  identify the goods or services  specified  in  the
application.   This date will be the same as the date  of  first
use in commerce unless the applicant made some use, for example,
within a single state, before the first use in commerce.

In  the fourth blank specify how the mark is placed on the goods
or  used with the services.  This is referred to as the "method-
of-use   clause,"   and  should  not  be   confused   with   the
identification of the goods and services described  under  Space
6.   For example, in relation to goods, state "the mark is  used
on  labels  affixed  to the goods,"  or "the  mark  is  used  on
containers  for the goods," whichever is accurate.  In  relation
to  services, state "the mark is used in advertisements for  the
services."

                           Space 7(b)

If  the  applicant has a bona fide intention to use the mark  in
commerce in relation to the goods or services specified  in  the
application, check this second box and fill in the  blank.   The
applicant should check this box if the mark has not been used at
all  or  if  the  mark has been used on the specified  goods  or
services only within a single state.

In the blank, state how the mark is intended to be placed on the
goods  or used with the services.  For example, for goods, state
"the  mark will be used on labels affixed to the goods," or "the
mark  will  be  used on containers for the goods," whichever  is
accurate.   For  services,  state "the  mark  will  be  used  in
advertisements for the services."

                       Spaces 7(c) and (d)

These  spaces  are usually used only by applicants from  foreign
countries   who   are   filing  in  the  United   States   under
international agreements.  These applications are  less  common.
For  further  information about treaty-based applications,  call
the  trademark information number listed in this booklet on page
4, or contact a private attorney.

              Space 8 -- Verification and Signature

The  applicant  must  verify  the  truth  and  accuracy  of  the
information  in  the application and must sign the  application.
The declaration in Space 8, on the back of the form, is for this
purpose.  If the application is not signed, the application will
not  be  granted  a  filing date and will  be  returned  to  the
applicant.   If the application is not signed by an  appropriate
person,  the application will be found void and the  filing  fee
will  be forfeited.  Therefore, it is important that the  proper
person sign the application.

Who should sign?

 If the applicant is an individual, that individual must sign.

  If  the  applicant is a partnership, a general  partner  must
  sign.
  
  If  the  applicant is a corporation, association  or  similar
  organization,  an officer of the corporation,  association  or
  organization must sign.  An officer is a person who  holds  an
  office  established  in the articles of incorporation  or  the
  bylaws.   Officers  may  not delegate this  authority  to  non
  officers.
  
  If  the applicants are joint applicants, all joint applicants
  must sign.
  
The  person  who  signs the application must indicate  the  date
signed, provide a telephone number to be used if it is necessary
to  contact the applicant, and clearly print or type their  name
and position.
2.  THE DRAWING PAGE

Every  application must include a single drawing page.  If there
is no drawing page, the application will be denied a filing date
and returned to the applicant.  The PTO uses the drawing to file
the  mark in the PTO search records and to print the mark in the
Official Gazette and on the registration.

The drawing must be on pure white, durable, non-shiny paper that
is  8  (21.59  cm)  inches wide by 11 (27.94 cm)  inches  long.
There must be at least a one-inch (2.54 cm) margin on the sides,
top  and  bottom of the page, and at least one inch between  the
heading and the display of the mark.

At  the  top of the drawing there must be a heading, listing  on
separate  lines,  the applicant's complete  name,  address,  the
goods  and  services  specified  in  the  application,  and   in
applications based on use in commerce, the date of first use  of
the  mark  and  the date of first use of the mark  in  commerce.
This  heading  should  be typewritten.  If  the  drawing  is  in
special  form, the heading should include a description  of  the
essential elements of the mark.

The drawing of the mark should appear at the center of the page.
The drawing of the mark may be typewritten, as shown on page 19,
or it may be in special form, as shown on page 18.

If  the  mark includes words, numbers or letters, the  applicant
can  usually elect to submit either a typewritten or a  special-
form  drawing.   To register a mark consisting  of  only  words,
letters  or numbers, without indicating any particular style  or
design, provide a typewritten drawing.  In a typewritten drawing
the  mark must be typed entirely in CAPITAL LETTERS, even if the
mark,  as  used,  includes lower-case letters.  Use  a  standard
typewriter  or  type of the same size and style  as  that  on  a
standard typewriter.

To  indicate  color,  use the color linings  shown  below.   The
appropriate lining should appear in the area where the  relevant
color  would appear.  If the drawings is lined for color, insert
a  statement  in  the written application to  indicate  so,  for
example,  "The mark is lined for the colors red and  green."   A
plain black-and-white drawing is acceptable even if the mark  is
used in color.  Most drawings do not indicate specific colors.







                       COLOR LINING GUIDE







Be  careful in preparing the drawing.  While it may be  possible
to  make  some  minor changes, the rules prohibit  any  material
change to the drawing of the mark after filing.

To register a word mark in the form in which it is actually used
or  intended  to  be used in commerce, or any mark  including  a
design,  submit  a  special-form  drawing.   In  a  special-form
drawing,  the mark must not be larger than 4 inches by 4  inches
(10.16  cm  by 10.16 cm).  If the drawing of the mark is  larger
than  4  inches by 4 inches, the application will  be  denied  a
filing  date  and  returned to the applicant. In  addition,  the
drawing must appear only in black and white, with every line and
letter  black and clear.  No color or gray is allowed.   Do  not
combine typed matter and special form in the same drawing.

The  drawing  in  special  form must be  a  substantially  exact
representation of the mark as it appears on the specimens.   The
applicant may apply to register any portion of a mark consisting
of  more  than one element, provided the mark displayed  in  the
drawing  creates a separate impression apart from other elements
it  appears with on the specimens.  For example, generally it is
possible  to  register  a word mark by itself  even  though  the
specimen  shows the word mark used in combination with a  design
or  as  part of a logo.  Do not include non trademark matter  in
the drawing, such as informational matter which may appear on  a
label.   In the end, the applicant must decide exactly  what  to
register  and  in  what  form.  The PTO  considers  the  drawing
controlling  in  determining exactly what mark  the  application
covers.

3.  FEES

                           Filing Fee

The application filing fee is $245.00 for each class of goods or
services listed.  (See the International Classification of Goods
and  Services listed on the inside of the back cover.)  At least
$245.00 must accompany the application, or the application  will
be  denied  a  filing date and all the papers  returned  to  the
applicant.   Fee increases, when necessary, usually take  effect
on  October  1  of  any  given year.  Please  call  the  general
information   number  listed  on  page  4  for  up-to-date   fee
information if filing after September 1995.  The PTO receives no
taxpayer  funds.   The PTO's operations are  supported  entirely
from fees paid by applicants and registrants.

      Additional Fees Related to Intent-To-Use Applications

In  addition  to  the application filing fee, applicants  filing
based  on  a bona fide intention to use a mark in commerce  must
submit  a fee of $100.00 for each class of goods or services  in
the application when filing any of the following:

   an AMENDMENT TO ALLEGE  USE
   a STATEMENT OF USE
     a REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT  OF
USE

                         Form of Payment

All  payments must be made in United States currency, by  check,
post  office  money  order  or  certified  check.   Personal  or
business checks may be submitted.  Make checks and money  orders
payable to:  The Assistant Commissioner for Trademarks.

NOTE:  FEES ARE NOT REFUNDABLE.
4.  SPECIMENS

The  following  information  is  designed  to  provide  guidance
regarding  the  specimens required to show use of  the  mark  in
commerce.

                   When to File the Specimens

If the applicant has already used the mark in commerce and files
based  on  this use in commerce, then the applicant must  submit
three  specimens per class showing use of the mark  in  commerce
with the application.  If, instead, the application is based  on
a  bona  fide  intention to use mark in commerce, the  applicant
must  submit three specimens per class at the time the applicant
files either an AMENDMENT TO ALLEGE  USE or a STATEMENT OF USE.

                   What to File as a Specimen

The  specimens must be actual samples of how the mark  is  being
used in commerce.  The specimens may be identical or they may be
examples of three different uses showing the same mark.

If  the  mark is used on goods, examples of acceptable specimens
are  tags  or labels which are attached to the goods, containers
for   the   goods,  displays  associated  with  the  goods,   or
photographs  of the goods showing use of the mark on  the  goods
themselves.   If  it is impractical to send an  actual  specimen
because   of   its   size,  photographs  or   other   acceptable
reproductions that show the mark on the goods, or packaging  for
the  goods,  must be furnished.  Invoices, announcements,  order
forms, bills of lading, leaflets, brochures, catalogs, publicity
releases,  letterhead,  and business  cards  generally  are  not
acceptable specimens for goods.

If  the  mark  is  used  for services,  examples  of  acceptable
specimens    are   signs,   brochures   about   the    services,
advertisements  for the services, business cards  or  stationery
showing the mark in connection with the services, or photographs
which  show  the mark either as it is used  in the rendering  or
advertising of the services.  In the case of a service mark, the
specimens  must  either  show the mark and  include  some  clear
reference  to the type of services rendered under  the  mark  in
some form of advertising, or show the mark as it is used in  the
rendering  of the service, for example on a store front  or  the
side of a delivery or service truck.

Specimens  may not be larger than 8 inches by 11 inches  (21.59
cm  by 27.94 cm) and must be flat.  See pages 18 through 22  for
samples   of   some  different  types  of  specimens.    Smaller
specimens,  such as labels, may be stapled to a sheet  of  paper
and  labeled "SPECIMENS."  A separate sheet can be used for each
class.

ADDITIONAL REQUIREMENTS FOR
INTENT-TO-USE APPLICATIONS

An  applicant who files its application based on having  a  bona
fide  intention to use a mark in commerce must make use  of  the
mark  in  commerce before the mark can register.  After  use  in
commerce begins, the applicant must submit:

  1.  three specimens evidencing use as discussed above;
  2.   a  fee of $100.00 per class of goods or services  in  the
  application; and
  3.  either  (1) an AMENDMENT TO ALLEGE  USE if the application
  has  not yet been approved for publication (use PTO Form 1579)
  or  (2) a STATEMENT OF USE if the mark has been published  and
  the PTO has issued a NOTICE OF ALLOWANCE  (use PTO Form 1580).
  
If  the  applicant  will not make use of the  mark  in  commerce
within six months of the NOTICE OF ALLOWANCE, the applicant must
file  a REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT  OF
USE, or the application is abandoned.  (Use PTO Form 1581, which
is intended only for this purpose.)

See  the instructions and information on the back of the  forms.
The  previous  information about specimens,  identifications  of
goods  and services and dates of use is also relevant to  filing
an  AMENDMENT  TO  ALLEGE USE or STATEMENT OF USE.   Follow  the
instructions  on  these forms carefully.  Failure  to  file  the
necessary  papers  in proper form within the time  provided  may
result in abandonment of the application.

PATENT AND TRADEMARK OFFICE SERVICES

                   Trademark Assistance Center

In  order  to  provide improved service to trademark  applicants,
registrants,  and  the general public, the Patent  and  Trademark
Office  has  implemented a pilot program  called  the  "Trademark
Assistance  Center."   The  Center provides  general  information
about   the  trademark  registration  process  and  responds   to
inquiries   pertaining  to  the  status  of  specific   trademark
applications  and registrations.  The location of the  Center  is
2900  Crystal  Drive, Room 4B10, Arlington, Virginia  22202-3513.
Assistance  may  be obtained in-person or by dialing  (703)  308-
9000,  Monday through Friday,  8:30 a.m. -5:00 p.m. eastern time,
except holidays.  Please note that personal assistance concerning
trademark as well as patent matters will continue to be available
at   (703) 308-HELP and  recorded information will continue to be
available  at (703) 557-INFO.  Also, automated information  about
the  status  of   trademark applications and  registrations  will
continue to be available at (703) 305-8747.

            Patent and Trademark Depository Libraries

Patent  and Trademark Depository Libraries (PTDLs) receive patent
and trademark information in various formats from the U.S. Patent
and  Trademark  Office.  Many PTDLs have on file  all  trademarks
published  since 1872.  All PTDLs have the trademark sections  of
the  Official  Gazette of the U.S. Patent and  Trademark  Office.
Trademark  search systems on CD-ROM format are available  at  all
PTDLs  to  increase  utilization of and  enhance  access  to  the
information  found  in  trademarks.  It  is  through  the  CD-ROM
systems  that  preliminary trademark searches  can  be  conducted
through the numerically arranged collections.

All  information  is  available for use by  the  public  free  of
charge.    Facilities  for  making  paper  copies  of   trademark
information are generally provided for a fee.

       SAMPLE WRITTEN APPLICATION BASED ON USE IN COMMERCE
                          (Two classes)
                   SAMPLE WRITTEN APPLICATION
               BASED ON INTENT TO USE IN COMMERCE
                           (One class)
                  SAMPLE DRAWING - SPECIAL FORM
                                
                  8" x 11" (21.6 cm x 27.9 cm)
 
 
    APPLICANT'S NAME:  Pinstripes Inc.
 
   APPLICANT'S ADDRESS:  100 Main Street, Any town, MO
    12345
 
   GOODS AND SERVICES:  Magazines in the field of
    business
                                     management; business
           management
                                     consulting services
           
   FIRST USE:  Magazines (Class 16) January 15, 1992
                             Consulting (Class 35) August
 27, 1990
 
   FIRST USE IN COMMERCE:  Magazines (Class 16) January
    15, 1992
                                               Consulting
              (Class 35) August 27, 1990
 
   DESIGN:  A zebra
 
 
 
                              
 
 
 
 
 
 
                              
                  SAMPLE DRAWING - TYPEWRITTEN
                                
                  8" x 11" (21.6 cm x 27.9 cm)
 
 
 
      APPLICANT'S NAME:  A-OK Software Development Group
      
      APPLICANT'S ADDRESS:  100 Main Street, Any town, MO
      12345
      
      GOODS:  Computer software for analyzing statistics.
      
      DATE OF FIRST USE:  Intent-to-Use Application
      
      DATE OF FIRST USE IN COMMERCE:  Intent-to-Use
      Application
      
      
      
      
      
      
      
      
      
      
      
      
                         THEORYTEC
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              

          SAMPLE SPECIMEN FOR GOODS (Issue of magazine)
                                
                            
                            April - May 1992
                            $2.00
                            
                               PINSTRIPES
                            
                                "The Magazine for the
                                Business Professional"






IN THIS ISSUE:

  Managing business in tough times.
  
  The need for quality in everything redefines
  priorities.
  
  Managing turned inside out.
  
  Employee ideas can really count.
  
  Our business report on Washington, D.C.
  
  Working together to create new markets and new jobs.
  
  In business to stay.
  
  Investing feature:  future outlook on futures.
  
  "Pinstripes forever" (our humor column).
  
  
  
  
  
  
                                
          SAMPLE SPECIMEN FOR SERVICES (Advertisement)
                                
                                
                                
                                
 If better business management solutions are what you're after,
 then think of Pinstripes for consulting.  We'll come wherever
 you are to offer a wide range of consulting services for
 diverse industries, including high-tech fields.  You'll like
 the results, as well as our competitive price.
 
 The more you get to know us, the more you'll realize that we're
 a best choice for consulting that can make a big difference.
 Call or write us.
 
 Pinstripes Inc.
 (123) 456-7890  100 Main St., Any town, MO  12345
 
                                
                  SAMPLE SPECIMEN FOR SERVICES
      (Business card showing mark and reference to service)
                                
                                
                                
                                
                 Business Management Consultants
                       John Doe, President
100 Main Street
Any town, MO  12345  U.S.A.
(123) 456-7890
                                
                   SAMPLE SPECIMENS FOR GOODS
                (Label affixed to computer disc)
                                
                               
                                
                                
                                
                                
