Trademark Application

Cite this article as:"Trademark Application," in The Business Professor, updated March 5, 2015, last accessed June 4, 2020, https://thebusinessprofessor.com/lesson/trademark-application/.

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What is the USPTO application process?

The USPTO application for trademark can be completed over the USPTO.gov website, Trademark Electronic Application System (TEAS) system) or via mail. The electronic filing fee is $275 – 325 depending upon the specifics of the application. Mail application filing fees are $375.

The following information is required for every trademark application:

  • Name of applicant
  • Address for correspondence (may be name and address of agent)
  • A demonstration of the mark (rendering, photo, computer image)
  • Designation of class of or actual product(s)/service(s) represented by the mark, and
  • The corresponding filing fee.

An application missing any of the above information will be returned as “informal”. In some case, more detailed information may be available for submission and will strengthen the application process. Other elements capable of submission include:

  • A more detailed description of the mark,
  • Examples or actual samples of how the mark is or will be used in commerce.

Upon receipt of a completed application, the USPTO will assign and serial number to the application and return a receipt of filing to the filer. The trademark attorneys at the USPTO may have additional questions or require additional information of the filer. The proposed mark does not received federal trademark protection until it is approved by the USPTO. The mark holder may use the (“TM”), but may not use the registered trademark symbol (“®”) until the filing process is complete.

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