Your brand represents your business identity. Explore assistance with preparing your federal trademark application, understanding USPTO filing requirements, and taking the next step toward potential trademark registration in the United States.
United States Federal Application
A federal trademark registration can provide important advantages for businesses looking to establish and protect their brand identity in the United States.
A federal registration on the Principal Register provides important legal presumptions concerning trademark ownership and the right to use the registered mark nationwide for the listed goods or services, subject to applicable limitations.
Your registered mark is listed in the USPTO's trademark database, making information about your registration available to businesses and individuals researching similar trademarks.
Once your trademark is federally registered, you may use the ® symbol with the registered mark for the goods or services covered by that registration. The symbol communicates your federal registration status.
Federal registration provides additional legal advantages, including the ability to bring certain trademark claims in federal court. Eligible registrations may also support foreign filings or recordation with US Customs and Border Protection.
Trademark rights can exist without federal registration. However, registering an eligible mark on the Principal Register provides additional legal advantages.
| Key Consideration | Unregistered Trademark | Federal Registration on the Principal Register |
|---|---|---|
| Source of Rights | Rights may arise through qualifying use in commerce. | Registration provides additional rights and presumptions under federal law. |
| Geographic Scope | Generally tied to the area where qualifying rights have been established. | Provides nationwide legal presumptions, subject to applicable limitations. |
| USPTO Registration Record | No federal registration | Public registration record |
| Trademark Symbol | TM or SM may be used to indicate a claimed mark. | The ® symbol may be used with the registered mark for covered goods or services. |
| Federal Legal Presumptions | No presumptions arising from federal registration. | Presumptions of validity, ownership, and the right to use the registered mark. |
Explore our detailed guide to trademark eligibility, searches, filing procedures, government fees, and registration requirements.
Registration benefits depend on the particular mark, registration, and surrounding circumstances. Federal registration does not guarantee protection against every conflicting use or automatically enforce trademark rights.
Trademark registration involves more than submitting a name or logo. Understanding application requirements, organizing accurate information, and following the proper filing process are important steps toward seeking federal protection.
Get started by sharing information about your proposed trademark, business ownership, and the goods or services associated with your brand.
Understand how existing trademarks may affect an application and why reviewing similar marks is an important part of preparing to file.
Organize the details needed for a trademark application, including the legal owner, trademark drawing, identification of goods or services, and relevant filing basis.
Understand the applicable USPTO submission requirements, government fees, and the authorized filing process. Legal representation or attorney-required filings must be handled by an appropriately licensed professional.
Learn how to follow a pending application through the USPTO's public status system and understand common milestones, such as examination, publication, and possible additional requirements.
Service scope: The specific assistance included depends on your selected service package and written agreement. Trademark clearance opinions, legal advice, responses to substantive refusals, and representation before the USPTO are not implied by this overview.
Know the information involved, understand important requirements, and take the next step with a clearer picture of the process.
Applicants domiciled outside the United States or its territories generally must be represented before the USPTO by a US-licensed attorney. Legal representation is separate from general administrative or educational assistance.
Read USPTO GuidanceEvery trademark application begins with the right information. Explore the main stages of getting started, preparing your details, and understanding what comes next in the federal registration process.
Begin by providing the name, logo, or other mark you want to register, together with basic information about your business and the goods or services associated with your brand.
Existing registered, pending, and potentially unregistered trademarks may affect availability. Consider similar marks before choosing how to proceed with a federal application.
Prepare the owner's legal details, the mark drawing, appropriate goods or services, and the filing basis. Use-based applications may also require supporting evidence showing genuine commercial use.
A trademark application is submitted through the USPTO's authorized filing process with the required declarations and fees. The applicant or authorized US-licensed attorney must handle any actions requiring representation.
After filing, the USPTO reviews the application. An examining attorney may approve it for publication or issue an office action identifying objections or missing information that require a timely response.
If the application proceeds through examination and publication, the next stage depends on the filing basis and any unresolved issues. Some applications may register, while intent-to-use applications generally need acceptable proof of use first.
The USPTO independently examines every application. The process can involve refusals, office actions, opposition proceedings, additional use requirements, or abandonment. The services actually included in a Trademark Intellectuals package are determined by its service terms; the stages above illustrate the broader application journey.
Share your trademark details to explore the next steps, or learn more about the official federal application process.
A trademark can take different forms depending on how your business identifies its goods or services. Understanding these distinctions can help you prepare for the appropriate application.
A word mark can protect qualifying wording, letters, or numbers that identify your goods or services. Standard character registration is not limited to a particular font, size, or color.
A logo or design mark may include a symbol, graphic, stylized lettering, or a combination of these elements. Protection relates to the particular visual presentation submitted for registration.
Distinctive slogans and phrases may qualify for trademark protection when they identify the source of particular goods or services rather than merely communicate an informational or promotional message.
Some nontraditional elements, such as sounds, particular colors, packaging, or product configurations, may qualify as trademarks. These marks can involve additional distinctiveness, functionality, and evidentiary requirements.
For many traditional word and logo marks, selecting the appropriate drawing format is an important part of preparing a trademark application.
Protects eligible wording without limiting the drawing to a particular style, font, size, or color. This format does not include a separate logo or design element.
Uses a particular drawing depicting stylized wording, design elements, or relevant color features. The submitted depiction plays an important role in defining the registration.
A trademark application generally includes only one mark drawing. Separate versions, such as a plain-text word mark and a distinct logo design, may require separate applications and filing fees. The examples shown here are fictional illustrations and do not indicate trademark availability.
Share your brand name, logo, or tagline to begin exploring the appropriate next steps. Registration depends on USPTO requirements and examination.
Learn more about trademark drawing formats and unusual marks in the official USPTO drawing requirements guide.
Preparing accurate information before starting your application can help you understand the filing process and avoid preventable errors.
The USPTO requires specific information about your trademark and its owner. Some requirements depend on the type of mark, filing basis, and goods or services involved.
Identify the person or business entity that legally owns the trademark and confirm the relevant ownership information.
Prepare the owner's required address, email, citizenship or entity organization details, and other applicable applicant information.
Determine the mark you intend to register and the appropriate drawing format, such as standard characters or special form.
Clearly describe the goods or services connected with your trademark and identify their appropriate international classes.
Identify the legal basis for your application. Common US filing bases include current use in commerce and bona fide intent to use.
Understand the required verified statements, authorized signature, and applicable USPTO fees for each class of goods or services.
Two common US application bases have different requirements. Understanding the distinction is important before filing.
Generally applies when your mark is already being used in qualifying commerce with the goods or services identified in the application.
May apply when you have a bona fide intention to use your trademark in qualifying commerce but have not yet established the required use.
Other filing bases, including qualifying foreign applications and foreign registrations, may be available. The appropriate filing basis depends on your particular circumstances.
A specimen shows how a trademark is actually used in commerce. The acceptable evidence depends on whether the mark identifies goods or services.
An acceptable specimen may show the trademark on goods, packaging, labels, hangtags, or qualifying displays associated with the goods.
An acceptable specimen may include advertising or a webpage showing the trademark used in connection with services that are actually rendered.
These are conceptual illustrations, not acceptable specimens themselves. The USPTO evaluates real evidence of qualifying use. Webpage specimens must meet applicable URL and access-date requirements, and artificially created mockups generally are not acceptable proof of use.
Applicants domiciled outside the United States or its territories generally must have a US-licensed attorney represent them before the USPTO. Applicants domiciled in the United States are generally not required to hire one, although legal assistance may be beneficial.
View Official USPTO GuidanceReview these items to see which details you've already prepared.
Share your trademark details to begin exploring the available service options and next steps.
Trademark registration costs can vary depending on the number of classes, application requirements, and services selected. Understanding the difference between government fees and professional service charges can help you make an informed decision.
Federal application fees are set by the United States Patent and Trademark Office, generally charged per class of goods or services. Additional charges may apply depending on application details and later submissions.
Professional service charges are separate from USPTO government fees unless expressly included in a selected package. Review the applicable scope of assistance, exclusions, and terms before proceeding.
Whether you're preparing to apply for a federal trademark or simply exploring your options, start by sharing your brand information and learning about the available registration assistance.
Trademark Intellectuals' services are governed by the applicable package description and agreement. General registration assistance does not imply legal representation or a guarantee of approval. Trademark legal advice and representation before the USPTO must be provided by authorized practitioners.