How to Apply
This guide walks you through the federal trademark application process — from choosing your mark to submitting your filing and tracking its progress. Whether you file on your own or with assistance, understanding each step helps you avoid common mistakes.
Before you begin
Filing a trademark application is a legal step that requires preparation. Before you start, make sure you have the essential details ready.
- Your mark — the exact name, slogan, or logo you want to protect
- Owner details — individual, LLC, corporation, or partnership
- Filing basis — use in commerce or intent to use
- Goods and services — what the mark will be used for
- International class — the category your goods or services fall into
- Specimen of use (if already in use)
Step 1: Choose your mark
A strong trademark is distinctive, not merely descriptive. Fanciful, arbitrary, or suggestive marks are more likely to be registered than generic or descriptive terms.
Avoid marks that are confusingly similar to existing registrations. Run a comprehensive search before committing to a name.
Step 2: Determine your filing basis
The USPTO requires you to declare a filing basis. The two most common are:
- Section 1(a) — Use in Commerce: You are already using the mark in interstate commerce
- Section 1(b) — Intent to Use: You have a bona fide intention to use the mark but have not yet done so
Step 3: Select your goods and services
Goods and services must be described using the USPTO's Acceptable Identification of Goods and Services Manual. Overly broad descriptions are commonly refused. Filing in multiple classes increases both government fees and the burden of proof.
Step 4: Prepare and submit
Once your mark, basis, owner, and goods/services are set, the application is prepared and submitted electronically through the USPTO's TEAS system. After submission, you receive a serial number and can track the application status online.
- Application review and compliance check
- Form preparation with proper classification
- Specimen upload and verification
- Electronic filing submission
- Filing confirmation and serial number
What happens next
A USPTO examining attorney reviews your application — typically within 5 to 7 months. If issues arise, the examiner issues an office action that must be addressed within the response deadline.
If the application passes examination, it is published for opposition. Once the opposition period closes without a challenge, the mark proceeds to registration.
Not sure where to begin?
Talk to a specialist and we'll guide you through the right next step.