Filing a new trademark application in the U.S. involves collecting detailed information about the applicant, the trademark, and its intended or actual use. Here’s a comprehensive list of the information you need to gather before starting your application with the United States Patent and Trademark Office (USPTO).
The information below is offered as we are frequently asked to provide exhaustive detail on what information is required to file a U.S. trademark application. It is a complicated process and much of the information below is not required for every application.
Our intake process streamlines the collection of this information considerably. Rather than compiling all the information below before starting, we advise that you simply pay for a trademark package and then run through our intake process. It will save you a significant amount of time and allow us to complete your project quickly and efficiently.
1. Applicant Information
• Full Legal Name: The name of the individual or entity applying for the trademark.
• If the applicant is a business entity, provide the business’s exact legal name.
• Type of Applicant:
• Individual
• Corporation
• Partnership
• LLC (Limited Liability Company)
• Trust
• Joint Venture
• Other legal entity type
• Address of the Applicant:
• Street Address
• City
• State
• Zip Code
• Country
• Citizenship/Nationality:
• For individuals: list citizenship.
• For entities: specify the state or country of incorporation or formation.
• Email Address: This is required for all electronic communications regarding the trademark.
• Authorized Signatory Information:
• Name and title of the individual who will sign on behalf of the entity (if applicable).
2. Trademark Information
• Mark Type: Indicate whether the mark is:
• A Standard Character Mark (word mark) or
• A Special Form Mark (logo, stylized design, etc.).
• Clear Representation of the Mark:
• For a word mark: type the text exactly as it should be protected.
• For a design mark: a clear, high-quality image of the mark (JPEG format, max size 5 MB).
• Translation or Transliteration: If the mark contains non-English words or characters, provide the translation or transliteration and explain the meaning if necessary.
• Description of the Mark (if applicable):
• For design or logo marks, describe the elements of the design.
• Provide a detailed explanation of any colors used, if you are claiming color as part of the mark.
3. Goods and Services
• Identification of Goods/Services: Specify the exact goods or services the trademark will cover.
• Use the USPTO’s Acceptable Identification of Goods and Services Manual to ensure accuracy.
• Example categories: clothing, software, financial services, retail store services, etc.
• Class of Goods/Services: Trademarks are filed under specific “International Classes” based on the type of goods or services. Each class requires a separate filing fee.
• Common classes include:
• Class 25: Clothing
• Class 9: Computer software
• Class 35: Business services
• You can file for multiple classes in one application, but you must provide details for each.
4. Use of the Trademark
• Basis for Filing:
• Use in Commerce: If the mark is already in use, provide:
• Date of First Use Anywhere: The date when you first used the mark anywhere.
• Date of First Use in Commerce: The date when the mark was first used in U.S. commerce (sales, advertising, etc.).
• Specimen: Evidence that shows the mark is being used in commerce for the listed goods/services (e.g., product labels, packaging, advertisements).
• Intent to Use: If the mark is not yet in use but there is a bona fide intent to use it in the future, you can file on an intent-to-use basis. A specimen must be submitted later.
• Geographical Areas of Use: If the mark is used only in specific geographical areas, list them.
5. Priority Claim (if applicable)
• Foreign Trademark Applications: If you have filed a foreign trademark application within the last six months, you may claim priority from that foreign application.
• Provide the filing date and country of the foreign application.
• International Trademark Registrations: If the mark is already registered internationally, provide details.
6. Miscellaneous Information
• Claim of Ownership: If you are the owner of a related registered trademark, include the registration number and other relevant details.
7. Filing Fees
• Filing Fees: Each class of goods/services requires a separate fee, which is non-refundable.
8. Declaration and Signature
• The application must include a signed declaration stating that all information provided is true and that the applicant has the right to use the trademark.
• The authorized signatory must sign this declaration. For companies, this is usually an officer or director.
9. Additional Documents (if needed)
• If the trademark includes a person’s name, signature, or likeness, written consent from that person is required.
• If the mark contains a flag, coat of arms, or other official insignia of any U.S. state or foreign nation, additional documentation may be required.
Conclusion
Before filing a trademark application, make sure all of the above information is gathered to ensure a smooth process. The more thorough your preparation, the less likely your application will encounter delays or refusals.