REGISTERED PATENT ATTORNEY
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NOTE - Attorney Holoubek is a member of the New Hampshire Bar and the U.S. Patent Bar and is NOT licensed to practice general law in Louisiana. Attorney Holoubek's Shreveport office limits its practice to Patent, Copyright, and Federal Trademark matters.
What are the basic filing requirements for obtaining a filing date in the United States for either a convention or a non-convention filing?
A: The basic filing requirements, in order to file a U.S. patent application, are a complete copy of the specification, any necessary drawing(s), and at least one claim of the application as originally filed. Please note that the filed documents may be in a foreign language or a copy of form IB/PCT/308 which confirms that the United States Patent and Trademark Office received a copy of the international application as originally filed from the International Bureau. Although not necessary, it is helpful to have the full legal name(s) and the complete mailing address and residence of each inventor(s) as well as any Assignee(s). This information is found on the face page of the published PCT application. All of the remaining documents and fees may be filed at a later date.
What are the basic filing requirements for obtaining a trademark filing date in the United States for either a conventional or a non-conventional filing?
A: The basic filing requirements, in order to file a U.S. trademark application, are: (1)The full legal name(s) and the complete address of the Applicant; (2) An identification of the mark to be covered by the trademark application - whether the mark is to be registered in block letters, in a stylized format, including a design feature, etc.; (3) A complete listing of each international class in which the mark is to be registered; (4) A complete listing of all of the goods and/or services to be covered by the mark - please note that after filing a trademark application, the identification of goods and/or services of the application cannot be amended to add any additional goods and/or services but only may be amended to cancel or clarify the listed goods and/or services; (5) An identification of each basis or bases for registration, namely, whether the application is to be based upon actual use, an intent to use the mark, on a foreign application in the country of origin of the Applicant or a foreign registration; (6) A power of attorney in favor of our firm; (7) A declaration indicating that the Applicant believes that all of the facts set forth in the trademark application are true and accurate - one of our attorneys can provide such declaration, provided that the Applicant avers that all of the statements, which are made in the trademark application that is prepared and forwarded to the Applicant for review and approval, are correct and accurate.
What are the basic filing requirements for filing a copyright application with Library of Congress?
A: The basic filing requirements, in order to file a copyright application, are (1) The full legal name(s) and the complete address of each author of the work; (2) Three copies of the work to be registered; (3) The full legal name(s) and the complete address of any copyright claimant, if other than the author(s) of the work; (4) An indication of how the copyright claimant claims rights in the work to be registered, e.g., a work made for hire, by assignment, a specially commissioned work, etc.; (5) An identification of any preexisting work and what modification(s) and/or addition(s) are made to such preexisting work, complete listing of all of the goods and/or services to be covered by the copyright.