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  • Kiranjit Dharsan

U.S. Trademark Application Filing

Once you've decided on a trademark for your business and are confident that your chosen mark is available, you can proceed to file your trademark application at the USPTO!

Here is what you will need:

  • to decide on who will be the Applicant of the trademark applicant – it could be your individual self or your company;

  • to know what class or classes you should file in;

  • to come up with your list of goods and services in the relevant class, i.e. what goods or services you plan to sell using your mark;

  • to select your choice of filing basis, i.e.:

    • Use in U.S Commerce: If you are already using your mark to sell goods or services interstate, your application to register the mark can be based on actual current use in interstate commerce.

    • Intent to Use: If you are not yet using your mark to sell goods or services interstate, you can still go ahead and file your application now, before you start using your mark—on an intent-to-use basis—and obtain registration once you start using the mark.

With the above information, you are ready to file your trademark application at the USPTO.

Within a few months after filing, your application will be assigned to an examining attorney on the USPTO staff. The examining attorney will review your trademark application, check whether it is complete, conduct a trademark search of the USPTO database to see if an identical or similar mark has been registered or applied for in the same class or related classes of goods and services, and decide whether, in his or her opinion, the mark you have applied to register is registrable.

​If the examiner sees a problem, he or she will issue an office action, explaining why the examiner is refusing to register your mark, explaining the issues(s), and what you may be able to do to address each issue. Read more about office actions here.

Get in touch today!

We understand that filing and registering a trademark in the United States can be daunting if you are not fully apprised on the process and requirements. Before taking the right steps, you might have a lot of questions because the idea of a trademark is to protect your business interest as well as maximize your revenue. If you would like to know more about registering your trademark in the US, including searching for a trademark or responding to USPTO Office Actions, and would like us to help you, click here to write to us for a fee quote or schedule a short call with one of our trademark attorneys. For small businesses and startups, we offer special consultation rates. Get in touch with us today!

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