If you’re new to the world of trademarks, you may be wondering how to apply for a trademark registration. The good news is that it’s actually quite easy, and there are several ways to do so. This article will cover the steps necessary to file an application with the U.S. Patent and Trademark Office (USPTO), along with what items you’ll need to include in your application package as well as estimated processing times for each step in the process.
To apply for trademark, you’ll need to complete an application and submit it to the USPTO. This process can take up to 18 months, but the good news is that once your trademark is approved and registered it will be yours forever.
You can apply directly through the United States Patent and Trademark Office (USPTO), or you can hire an attorney or agent to do so on your behalf. If possible, it’s always best to apply via direct filing because this will save time—and money—in most cases.
Your application will need to include the following information:
You’ll need to provide:
- A description of your goods and/or services. This should be specific enough that the trademark examiner can easily determine what goods or services are being claimed as trademarks. For example, instead of saying “shirts,” you’d say “men’s cotton t-shirts.”
- An image of your mark. You’ll need to submit an image of the actual mark (e.g., a design logo) that has been used with the goods/services described above (rather than just an idea or concept). In some cases, it may be possible to submit a sketch or drawing instead of an actual logo; check with your attorney first if this is an option for you.
- The date you first began using the mark in commerce (i.e., selling under its name on one or more products). If you haven’t yet started selling products under this name yet, simply add “not yet” here so there’s no confusion about what type of product(s) we’re talking about when reviewing this application later on during review time frames following initial submission; typically, there will be no problem whatsoever because most applicants have already done so by then anyway!
A description of your goods and/or services
Start by listing your goods and/or services. If you’re not sure about which category to choose, the USPTO has created a list of sample goods and services that can serve as a guide. It’s important to list your products accurately so that consumers know exactly what they’re getting when they buy something with your trademark on it.
Once you’ve determined which category best suits your product or service, select the appropriate class and subclass as well. For example:
- Class: 9 (electric lamps)
- Subclass: 2 (including light emitting diodes)
An image of your mark
- If you are filing a trademark application online, you must upload an image of the mark that is at least 300 dpi. This image should be submitted in vector format (such as .AI or .EPS).
- If you are submitting your application by paper and mail, you can either include a photograph of the mark or send one along with your application. The photograph should be at least 300 dpi resolution and meet other photographic requirements outlined by the USPTO.
The date you first began using the mark in commerce
You should also include the date that you first used the mark on a specific good and/or service. This is called the “date of first use in commerce” and must be within five years before the filing date of your application.
For example, if you started using your trademark for all services when you opened your business on June 1st, 2015, then this would be considered a date of first use in commerce. If you started selling only one product under this trademark on March 15th, 2016 (and have not done so since), then this would not be considered a date of first use in commerce because it was more than 5 years after opening your business.
The date you first began using the mark on a specific good and/or service
- The date you first began using the mark on a specific good and/or service
To apply for a trademark registration, you’ll need to provide this information as part of your application. You can find it by looking at the federal trademark database or searching your records.
Your name (or your business’s name) and address
The first step in applying for a trademark registration is to provide your name (or the name of your business) and address in the application. You can also include an address for the business, even if you are filing the application on behalf of a corporation.
Your mailing address and phone number.
As a rule, you need to include your contact information. If you are a business, this will be your business address (or your attorney’s address if you are using him/her as the “official point of contact”). For an individual, it will be his or her home address.
The first step in the application process includes submitting a Trademark Electronic Application System (TEAS) form on the USPTO website.
Once you’ve submitted your US trademark application to the USPTO, you can expect about a 2 year wait for a response. The length of time it takes for the USPTO to review and approve or reject a trademark application varies depending on how complex the mark is and how many other applications are in front of yours. It’s also important to note that if your application needs any changes before being approved, these changes will affect the amount of time it takes as well.
If an examiner requests additional information from you (such as an affidavit), this may delay processing even further. In some cases, this can take several months more than usual.
You can file a trademark with the United States Patent and Trademark Office (USPTO). The USPTO is a part of the Department of Commerce, located in Alexandria, Virginia. To apply for a mark, you must submit an application to the USPTO using one of their online services or by mail.
If you are applying for a TEAS Plus application, the filing fee is $225 per mark per class. The filing fee is nonrefundable and must be paid when an electronic submission is made using our electronic payment system. You can pay your registration fees by credit card or through our electronic payment system. If paying by credit card, please have your bank account information ready prior to beginning the electronic submission process.
As you can see, the process of applying for a US trademark filing is not complicated. All you need to do is complete the application, pay the appropriate fee and wait for approval. The USPTO has more information about applying for a trademark registration on their website, so be sure to check it out before starting any paperwork.
