Trademark Application

An applicant may apply for a federal trademark registration by filing a registration application with the USPTO. 

Registration applications may be completed and filed in paper form or electronically.  Registration applications may be filed electronically using the Trademark Electronic Application System, which is commonly referred to as the TEAS system.  The application may be filed as a TEAS plus form with a filing fee in the amount of $275 USD per class, if specific requirements are met, or as a TEAS form with a filing fee in the amount of $325 USD per class

The specific requirements for filing as a TEAS plus form are as follows.  The application form has to be complete (i.e., almost all fields in this form are mandatory).  Goods and/or services have to be selected from the Acceptable Identification of Goods and Services Manual.  Application fees must be paid for all classes at the time of filing.  Certain communications in connection with the application (i.e., a response to an Office Action) must be filed through the TEAS system.  And, all communications received in connection with the application during its pendency must be by email.

To apply for a federal registration, the applicant must be the actual owner of the mark. 

The application must identify the entity (i.e., individual, partnership, corporation, etc.) of the applicant. 

The application must identify the class or classes in which the goods and services will actually be used.  See the Goods and Services Classification Index.  

The application must identify the goods and services for which the mark will actually be used.  See Acceptable Identification of Goods and Services Manual.

The application may be based on actual use or intent to use.  An application based on use must state the first date of use anywhere and the first date of use in commerce.  For intent to use applications, a statement of use must be filed before the mark may be registered

The application must include a drawing of the mark, and if based on use, must include a specimen of the mark as used.  Examples of trademark specimens include packaging, labels, and tags associated with the goods.  Examples of service marks may include advertisements for the services

The cost for preparing and filing a trademark application in a single class is typically in the order of $750 USD, excluding the filing fee to the USPTO.

If you have a question about trademark applications, askme at thedford@askmeip.com.