How to File for Trademark Registration

Filing a trademark registration application with the Patent and Trademark Office (PTO) is a straightforward process that usually can be accomplished without professional help. The PTO provides step-by-step instructions and even offers an electronic filing process.

Difficulty: Moderate

Instructions

Things You'll Need:

• Telephones
• Personal Organizers
• Computers

Learn About Trademark Registration

1. Know what qualifies a trademark for federal registration: A trademark must be used to identify the products or services that you offer or sell to your customers, at least some of who are located in other states, territories or countries.

2. Know what disqualifies a trademark mark for federal registration. These types of trademarks will not qualify for federal registration: a trademark that lacks distinctiveness; is generic, as in "cellular" or "aspirin"; is close enough to an existing registered mark to make customer confusion likely (see "How to Conduct a Trademark Search," under Related eHows); consists of lengthy written matter; is a slogan that is merely informational or laudatory, such as "Proudly made in the USA"; is a governmental emblem; is primarily a surname; or is deceptive, scandalous or disparaging.

If You Haven't Yet Used Your Trademark Commercially

3. Go to the PTO's "Trademark Electronic Business Center" and choose "Filing." Click eTEAS to file electronically (you'll need to pay with a credit card and be able to type your trademark with your keyboard or, for stylized or design trademarks, attach an image file (GIF or JPG)). Or, click printTEAS to complete the application online (you'll need to be able to print out your completed application, attach a drawing of the trademark, and mail it to the PTO with a check).

4. Follow the instructions provided. Choose the "intent-to-use" (ITU) option, since you haven't yet used your trademark in commerce, and provide a drawing or image of the mark.

5. Be prepared to respond timely to the trademark examiner's questions and concerns.

If You Have Already Used Your Trademark Commercially

6. Visit the PTO's "Trademark Electronic Business Center" and choose "Filing." Click eTEAS to file electronically (you'll need to pay with a credit card and be able to attach image files (GIF or JPG)). Click printTEAS to complete the application online (you'll need to be able to print out your completed application, attach samples of the trademark, and mail it to the PTO with a check).

7. Follow the instructions provided. Choose the 'actual use' option, since you are already commercially using the mark. Provide the information as requested: a drawing or image of the trademark, samples of how the trademark is actually being used, the first date the trademark was commercially used anywhere and the first date the trademark was used outside your state.

8. Be prepared to respond timely to the trademark examiner's questions and concerns.

Tips & Warnings

• Internal consistency is very important when filing a trademark application. If you don't portray the trademark exactly the same way every time you describe or illustrate it, you'll have a rough time getting your application approved.
• Filing the application is only the beginning of "trademark prosecution," which also includes the examination of the application by a PTO attorney (the trademark examiner), written correspondence between the PTO and the applicant, subsequent negotiations, and the filing of legal documents or written arguments to advance the application to actual registration. The entire process, from filing to actual registration, usually takes a year or more.
• Failure to file proper and timely responses to the trademark examiner's questions can result in the unintentional abandonment of the application. Once your application is on file, you should either find a good resource to help you deal with the PTO or seek professional advice.
• This information is not intended as a substitute for personalized advice from a knowledgeable trademark lawyer licensed to practice law in your state. For specific, up-to-date advice geared to your specific situation, consult an expert.

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