How to Apply for a Trademark in the United States
Trademark Elite’s online application service was designed by experienced trademark attorneys and every applications are filed by qualified trademark attorneys. A properly crafted trademark registration application will (1) help to assure that your trademark registration provides the broadest possible protection and (2) help your application to proceed as smoothly and as quickly as possible through the USPTO. Trademark Elite automates and simplifies the trademark filing process. You just need to follow 3 easy steps to file your trademark registration throughout the whole world.
STEP 1: Gather Documents & Information.
Every trademark application must include 5 essential pieces of information:
- Trademark name or logo image
- description of products or services offered for sale under the trademark
- owner’s information (company name, entity type, business address, state of incorporation)
- date of earliest sale to an out of state customer (“first use in commerce” date)
- photo(s) of the product(s) offered for sale under the trademark, or examples of advertising & promotional materials (for service marks).
If you have not yet launched your new business, started using the trademark, or started selling products under the trademark name, consider filing the trademark application on an “intent to use” basis. This allows you to reserve your desired name until you have a chance to launch the business. For an “intent to use” application, you only need to submit items (a), (b), and (c) from the list above at the time your application is filed. You will have an opportunity to submit items (d) and (e) later in the registration process.
STEP 2: Complete a Clearance Search
Before filing your application, a clearance search is recommended. A clearance search helps you and your legal team predict the likelihood of successful registration for your desired trademark. The US government will refuse to register any new trademark that it considers to be “confusingly similar” to another trademark that is already registered for similar or related products or services. A clearance search can show you whether other similar marks are already registered, which could be used by the government as a basis for refusing your application.
This trademark search is available for free from Trademark Elite and dates back to 1870 including live and dead (or abandoned) trademarks. Trademark Elite puts the power of finding available marks in your hands without costly legal fees.
Once you have determined whether or not your Trademark is available, you can begin the online trademark registration process on Trademark Elite. We offer two packages to help you file your Trademark with as much assistance as you need.
STEP 3: File Your Application
Consider hiring a legal professional to prepare the trademark application for you, file it with the USPTO, and serve as your point of contact to communicate with the government on your behalf.
The registration process takes a year or longer to complete. During this year, most new trademark applications will receive at least one “office action” refusal from the government. Your legal team can advocate on your behalf to the USPTO Examining Attorneys, and help you successfully overcome any obstacles to registration.
STEP 4: Respond to Government Deadlines
After your application is filed, the government will conduct an Examination of the application. The Examination takes 3 to 6 months to complete. When the Examination is finished, the government will issue an “office action” listing additional steps you need to take and any objections to your application. You will have 6 months from the date of the office action to resolve these issues. If these issues are not fully resolved by the six-month deadline, the government may mark your application as “abandoned.” Abandoned applications do not register; they are considered “dead.”
A legal professional can help you respond to government objections correctly, and track important dates and deadlines.
If your application successfully completes the Examination process, it will be published for public opposition. The public opposition period lasts 30 days. During this time, any third-party can object to your trademark. If no objections are lodged during the 30 day opposition period, the application continues to move forward in the registration process.
STEP 5: Submit Proof of Use In Commerce
If you submitted proof of use at the time your application was filed, (Items (d) and (e) in Step One) no further action is required to receive a registration certificate. If you filed an application under the “intent to use” basis, you must now submit proof that you are using the trademark in interstate commerce, before the government can issue a registration certificate.
The government will issue a Notice of Allowance. You have 6 months from the date of the Notice of Allowance to submit your proof of use. Consult a legal professional for advice on proof of use requirements.
If you cannot make the six-month deadline, you must pay an extension fee and request an extension of 6 more months. The government will give you 5 total extensions, each lasting six months.