How to File a Trademark: Process and Procedures

Begin your search using the USPTO's Trademark Electronic Search System (TESS), which is free and accessible online. The search should cover identical marks, similar marks, and phonetically similar variations to identify potential conflicts. A professional trademark search conducted by an attorney familiar with trademark litigation and consulting services can provide additional insight into unregistered common law marks that may pose a challenge.

After your search, assess whether your mark meets USPTO requirements for registration. Your mark must be distinctive, not merely descriptive of the goods or services, and must not be confusingly similar to existing marks. Marks that are generic, immoral, deceptive, or consist primarily of a flag or insignia cannot be registered under federal trademark law.

The Nice Classification system organizes goods and services into 45 classes. You must identify which classes apply to your trademark and provide a clear description of the specific goods or services. For example, if you are filing a trademark for a clothing brand, you would select Class 25 for apparel. Selecting the correct classes is essential because your trademark protection will be limited to the goods and services you specify in your application.

If you are filing a word mark, you simply provide the text. If you are filing a logo, design, or stylized version, you must submit a clear image file in the required format, such as JPEG or PDF. The image should be at least 250 pixels by 250 pixels and no larger than 8 inches by 8 inches. Ensure your representation accurately shows how your mark appears on your goods or in connection with your services.

The TEAS system offers several filing options, including TEAS Plus and TEAS Standard, each with different fee structures and requirements. TEAS Plus requires you to select from a list of pre-approved descriptions for your goods and services and has a lower filing fee, while TEAS Standard allows more flexibility in describing your goods and services but costs more per class.

After filing, a USPTO examining attorney will review your application within three to six months. The examiner will check for compliance with federal trademark law, assess whether your mark is confusingly similar to existing marks, and determine if your description of goods and services is clear and acceptable. If the examiner finds no issues, your application will move toward publication in the Official Gazette, a weekly publication where your mark is advertised for opposition. If issues arise, the examiner will issue an office action requiring you to respond within six months.

A trademark attorney provides strategic advice on mark selection, conducts comprehensive searches beyond the basic USPTO database, and handles all communication with the USPTO on your behalf. Attorneys can also assist with responses to office actions, negotiate with opposing parties if your mark is challenged, and advise you on international trademark registration through the Madrid Protocol or other mechanisms. Additionally, an attorney can help you understand how to file a trademark in a way that maximizes the scope of your protection and minimizes future disputes. For complex matters involving both domestic and international protection, consulting with how to get divorced specialists and trademark professionals ensures comprehensive legal guidance across multiple practice areas when your business interests intersect with personal legal matters.

The following table outlines common mistakes applicants make when filing a trademark and how to avoid them:

Understanding how to file a trademark is essential for protecting your brand's intellectual property rights. By following these steps, conducting proper searches, preparing a complete application, and seeking professional guidance when needed, you can successfully register your trademark with the USPTO and establish strong legal protection for your brand name, logo, or slogan under federal law.