APPLYING FOR AND FILING A FEDERAL TRADEMARK

HOW TO FILE A FEDERAL TRADEMARK 

How Do You Prepare A Trademark Application?

After filling out and submitting the application for a trademark, you are then able to register for a trademark with the U.S. Patent and Trademark Office (USPTO). This can be done by either submitting a paper application or through an online trademark filing service using the Trademark Electronic Application System, known as TEAS. When preparing for a trademark application, you must include the following information:

Do you have the correct information for the owner "user" of the mark?   

 The name of the owner is the business name if your business is a corporation, limited liability company or partnership. Even so, a trademark can be created and owned by an individual. Be sure to include a good method of contact such as phone number, mailing address, email address, and fax number so the trademark office can reach you. 

Do you know what type of mark you are filing?

• You can only choose one of the three types of marks when filing your trademark. Those three types of trademarks are the following:

• STANDARD CHARTER MARK: A standard character format allows the owner to use this trademark in any style or drawing, such as words, letters, numbers, or combinations, regardless of specific fonts or formatting;

• GRAPHIC CHARACTER MARK : Special character format or "graphic mark" is designed to protect trademarks that have specific fonts or formatting, such as a logo, symbol, color, or particular font; and

• SOUND OR AUDIO MARK : A sound mark includes audio sounds such as a lion’s roar (e.g. MGM) or the introduction of entertainment and motion picture films for Twentieth Century Fox. 

Do you have a picture and specimen?

• A drawing and specimen of your mark is required in the trademark application.  The drawing includes a visual sketch by itself with nothing attached to a product. Your drawing should consists of numbers, punctuation and types letters if you are applying for a standard character format trademark. Put your drawing in a .jpg file, when applying for a special character mark, to display the mark you want to register. When applying for a sound trademark, you must place the specimen as either: .wav, .wma, .mp3, .mpg, or .avi. Since TEAS cannot serve larger files, your specimen should be no more than 5 MB in size for audio files and 30MB for video clips.  How you are using mark in connection with products or services is determined through a specimen. 

Do you know how to identify your goods or services?  

• You cannot modify or attach goods or services later on if you make a mistake, therefore you must accurately identify both the goods and services associated with the mark. In addition, you should clearly identify the goods and services you are currently using and plan to use in the near future. Important tips when selecting and goods and services:

• SERVICE OR A GOOD : When you identify whether your mark is used for goods or services, ask yourself, “is my product purchased and sold?” if so, then it is a good. Your mark is considered a service when it includes activities that you carry out for other individuals. 

• INTERNATIONAL (IC) AND U.S. CLASS : The USPTO’s Trademark Manual of Acceptable Identification of Goods and Services has several descriptions of acceptable identifications that you must use to describe the goods and services. However, if you cannot find a good description to describe your good and service, you may describe it in your own words.  The trademark classes can be searched in the Trademark ID Manual .

Do You Know Your Trademark Filing Basis? 

• Listed below are the four-trademark filing basis:

• USE IN COMMERCE .: If your mark is already in use, and connected with goods or services that are either offered across state lines then you have a "first use date".  This first sale date in "interstate" commerce is important.

• INTENT TO USE, BUT HAVE NOT YET USED THE MARK IN COMMERCE:  When your mark is not yet in use, you can file an intent to use the trademark by providing a specimen that you plan to utilize within the following two to three years. 

• FOREIGN APPLICATION : Foreign application exists for the same goods or services (Section 44(d)). For foreign filings still within 6 months of a U.S. application, this filing basis can be used for registering a foreign application with the same mark. 

• FOREIGN REGISTRATION : A foreign resignation exists for the same goods or services (Section 44(e)). If the mark already exists in a host country to which the U.S. has a treaty, then use this filing basis, include a copy of the foreign registration certificate, and provide information relevant to the U.S. application.

What Is The Cost Of A Federal Trademark Application?     

• The costs for filing a trademark application is around $225-$400 per goods and services. If your application is rejected, or changed, the fee is not refundable. The USPTO website has the most current and updated fees, and the schedule of fees for trademarks can be found here at The USPTO Fee Schedule For Trademarks