To fill out a trademark application, you file electronically through the USPTO’s Trademark Center and work through five blocks of information: who you are, what the mark is, what goods or services it covers, on what legal basis you’re filing, and a signed declaration. The fee is $350 per class of goods or services, paid at submission and not refundable if the application is refused.1United States Patent and Trademark Office. USPTO Fee Schedule
Clear the Mark Before You Open the Form
Before you enter anything, search the USPTO’s federal trademark database for existing registrations or pending applications that match your mark or come close to it.2United States Patent and Trademark Office. Federal Trademark Searching The examining attorney will run this same search months after you file, and if they find a conflict then, you lose the fee.
A federal search alone isn’t enough. Trademark rights in the United States come from actual use, not registration, so someone using an unregistered mark in a geographic area holds common law rights that can still block or limit yours. A full clearance check also covers state trademark registrations, business name filings, domain names, and general internet use. Many applicants pay an attorney or a professional search firm for this because a missed conflict is expensive to discover late.3United States Patent and Trademark Office. Possible Grounds for Refusal of a Mark
What to Have Ready Before You Start Typing
The form moves faster if the pieces are already assembled.
Applicant Information
You need the applicant’s full legal name, domicile address, email address, and legal entity type. Individuals list citizenship; businesses list the state or country of incorporation. This information goes on the public record.4United States Patent and Trademark Office. Base Application Requirements
The Mark Itself
Decide what you’re actually protecting. A standard character mark covers the words in any font or styling. A special form mark covers a specific visual design and requires a clean digital image of every design element. If the visual design matters to you, file the special form; if only the wording matters, file standard character.
Goods, Services, and the Right Class
Every application lists specific goods or services, sorted into the Nice Classification system. Classes 1 through 34 cover goods; classes 35 through 45 cover services, for 45 classes total.5United States Patent and Trademark Office. Nice Agreement Current Edition Version – General Remarks, Class Headings and Explanatory Notes You pay $350 for each class you claim, so if your mark covers goods in one class and services in another, that’s $700.
The USPTO maintains an online ID Manual of pre-approved descriptions. Using those descriptions speeds examination because the examining attorney doesn’t have to evaluate custom wording. You can write your own description if nothing fits, but vague or overly broad language usually draws an Office Action asking you to narrow it.
Your Filing Basis
The basis tells the USPTO whether you’re already using the mark or plan to. The two most common:
- Use in commerce, Section 1(a): the mark is already being used to sell goods or provide services in interstate or international commerce. A specimen is required at filing.
- Intent to use, Section 1(b): you have a genuine, good-faith plan to use the mark but haven’t started. No specimen at filing; you’ll submit one later before registration issues.
Two more bases apply to applicants with foreign trademark filings: Section 44(e) for those who already hold a registration in their home country, and Section 44(d) for those who filed abroad within the last six months and want to claim that earlier filing date.6United States Patent and Trademark Office. Basis
A Specimen, If You’re Filing Under Use in Commerce
The specimen has to show how consumers actually encounter your mark. For goods, that means a photo of the mark on a label, tag, product packaging, or a webpage where the goods can be purchased. For services, a screenshot of your website advertising the services, a brochure, or a photo of a business sign works. Submissions are electronic, so you upload a photograph, scan, or screenshot.7United States Patent and Trademark Office. Specimens
Working Through the Trademark Center Form
The USPTO’s electronic filing system, Trademark Center, walks you through the application in sections. It replaced the older TEAS forms, which you may still see referenced in older guides.8United States Patent and Trademark Office. Get Ready for the Transition From TEAS to Trademark Center
Applicant Section
Enter your legal name, address, entity type, and citizenship or state of incorporation. Get this right the first time; changes later are formal amendments.
Mark Section
For a standard character mark, type the exact text. For a design mark, upload your image file. A mark description field lets you describe the mark’s elements. If the mark includes non-English words or a translation, that information goes here too.
Goods and Services Section
Select your Nice class and describe what the mark covers. The system links to the ID Manual so you can search for pre-approved wording and drop it in. If you have goods or services in more than one class, add each class separately; the $350 fee will multiply accordingly.
Basis Section
Select 1(a), 1(b), 44(d), or 44(e). If you choose 1(a), the system will prompt you to upload your specimen and to identify the date of first use anywhere and the date of first use in commerce.
Correspondent Section
Enter contact information for whoever should receive USPTO communications about the application. If you have an attorney, that’s the attorney; otherwise, it’s you.
Declaration and Signature
The application ends with a verified declaration that everything in it is accurate to the best of your knowledge. A false statement here can carry legal consequences, so read it before signing. The system accepts electronic signatures.
Paying and Submitting
Review the completed application, then pay by credit card, debit card, or USPTO deposit account.9United States Patent and Trademark Office. Trademark Fee Information Sign and submit electronically. The system returns a confirmation with a serial number, which is what you’ll use to track the application through examination.
Foreign Applicants Cannot File on Their Own
If your domicile or your business is outside the United States or its territories, federal regulations require you to be represented by a U.S.-licensed attorney for any trademark matter before the USPTO, including the initial application.10eCFR. 37 CFR 2.11 – Requirement for Representation Filing without one triggers an Office Action requiring you to appoint an attorney, and missing that deadline abandons the application.
U.S.-domiciled applicants aren’t required to use an attorney, but the USPTO recommends it. A trademark attorney can run the clearance search, write goods and services descriptions that avoid Office Actions, and handle the response process without the learning curve.
Choices on the Form That Cause Later Problems
Three areas trip up first-time filers, and each one is a decision you make while filling out the form.
The first is picking a mark that’s descriptive of what it sells. Marks that merely describe the goods or services, that are primarily a surname, that describe a geographic origin, or that function as ornamentation rather than as a source identifier are the common grounds for refusal.3United States Patent and Trademark Office. Possible Grounds for Refusal of a Mark The stronger and more distinctive the mark, the smoother the examination.
The second is a weak specimen. A mockup, a draft label, or a decorative use of the mark on a t-shirt front will draw a refusal. The specimen must show the mark actually functioning as a brand in the marketplace.
The third is loose language in the goods and services description. Broad or vague wording invites the examining attorney to ask for a narrower list, which delays everything. Pulling wording from the ID Manual is the safe path.