How Do I File a Trademark Application?

Filing a trademark application is something that you might accomplish for yourself. However, hiring an attorney who specializes in trademark registration is often preferable. There are significant questions that must be asked and answered in order to ensure that the registration is done properly.

Traverse Legal specializes in trademark and service mark registration. You may contact a trademark registration attorney for a free consultation.

What must the application include?

An application must include the following elements before the USPTO will accept it:

• the name of the applicant;
• a name and address for correspondence;
• a clear drawing of the mark;
• a listing of the goods or services; and
• the filing fee for at least one class of goods or services.

If your application does not meet these requirements, the USPTO will return the application papers and refund any fees submitted.

If you file a paper application, and it meets the minimum filing requirements, the USPTO will assign a serial number and send a filing receipt. You should review this receipt for accuracy, and notify the USPTO of any errors, following the directions on the receipt.

An electronically-filed application must include the same information to receive a filing date. However, at the time of filing, an e-mail summary, including a serial number, is sent. No paper filing receipt is generated. If through later review the USPTO determines that the application did not include the required information, we will cancel the serial number and filing date, return the application, and refund the filing fee.

If you transmit your application over the Internet, the filing date is the date the transmission reaches the USPTO server. Otherwise, the filing date of an application is the date the USPTO receives the application.

NOTE: Receiving a filing date does not mean that you have satisfied ALL registration requirements. To obtain a registration, you must comply with all application requirements, and overcome any refusal(s) issued by the examining attorney during examination.

Although only the minimum filing requirements must appear in your initial application to receive a filing date, submitting all available information requested in the application form will help reduce delays in processing your application.