How to File a Trademark

If you want to trademark the name of your company or brand, it is often advised to apply for federal trademark registration. In order to register your name with the U.S. Patent & Trademark Office, you need to fill out the USPTO's Trademark Electronic Application System (TEAS) form available at http://www.uspto.gov/teas/teasplus.htm.

The USPTO allows for two types of principal register applications (1) TEAS [$325 Government Filing Fee] and (2) TEAS Plus [$275 Government Filing Fee]. A TEAS Plus application requires applicants to select goods/services from the ID Manual.

A federal trademark application requires the following information for consideration on the principal register:

• Owner of the Mark (“Applicant”)
• Name and Address for Correspondence 
• Depiction of the Mark (“Drawing”)
• Goods/Services the Mark is used for 
• Basis for Filing (Actual Use vs. Intent to Use)
• Specimen (for use-based applications only)
• Application Filing Fee
• Signature
  

An application can be filed even if you are not currently using a mark in commerce but intend to within the next 6 months. In this case, you should file an intent-to-use application. If you are currently using the mark, you will have to provide the date of first use anywhere and date of first use in commerce.   Additionally, you will have to provide a specimen that visually shows how your mark is used in commerce. This could be your mark affixed to a label, a snapshot of your website, or marketing material (depending on whether you are filing a trademark or a service mark).

For more information, please contact a trademark attorney today to setup a free 30-minute consultation.