How to Apply for a Trade Mark in the U.S.

The "R" inside a circle next to a word signifies the word is a registered trademark.

Your trademark is your brand. It can be a word, a symbol or even a device that sets you apart from your competition. While you are not required by law to register your trademark, doing so will protect your brand in the court of law as it establishes your right of ownership, according to the United States Patent and Trademark Office. U.S. citizenship is not required, but you are required to state the country in which you have citizenship.

Things You'll Need

• Computer with Internet access

Instructions

1. Choose the word or symbol you want to register. You can only register one mark per application.

2. Search the USPTO (United States Patent and Trademark Office) website to check that your chosen trademarks have not already been registered. The link is provided in the Resources section.

3. Fill out the appropriate online application using the Trademark Electronic Application System (TEAS) provided by the USPTO. The link to TEAS is also provided in the Resources section. You have two different forms from which to choose; the TEAS Plus form and the TEAS form. Use the TEAS form if you cannot meet all the trademark requirements but only the minimum requirements as set forth in the provided instructions by the USPTO. Use the TEAS Plus form if you are able to meet all trademark requirements as described in the provided instructions by the USPTO. Follow the provided instructions to properly complete the form. Attach your symbol or word to the application. You must also include samples of the trademark in use, such as the printed trademark on your products.

4. Pay the associated registration fee to the USPTO. The fee for the TEAS Plus form is $275 per class. For the TEAS form, the fee is $325 per class. A class is a product category that best describes your product. The USPTO has 45 classes from which to choose. You can see a list of all 45 classes via the link in the Resources section. If your mark belongs to two different classes, you will need to pay the fee for each class.

   Example:

   For 1 class, the fee for TEAS Plus is $275. The fee for TEAS is $325.

   For 2 classes, the fee for TEAS Plus is $550. The fee for TEAS is $650.

5. File an Affidavit of Use, also called Section 8 Affidavit, the fifth year after your registration. The online form is available from the USPTO site, and the link can be found in the Resources section.

6. File the Section 8 Affidavit plus the renewal application the tenth year after registration and every 10 years thereafter to keep your trademark registered. This combined online form is also provided by the USPTO, and a link is provided for you in the Resources section.

Tips & Warnings

• Not everything can be registered. Marks that are deceptive, immoral, disparaging, generic or resembling an already registered trademark will not be approved by the United States Patent and Trademark Office.

• You cannot use the "R" inside a circle symbol, a federal symbol, until after your registration is complete.

• The use of "SM" or "TM" is not federally regulated, but your local government may have regulations in place and therefore, should be consulted.

References

• United States Patent and Trademark Office: Trademark FAQs

Resources

• United States Patent and Trademark Office: Trademark Electronic Search System (TESS)
• United States Patent and Trademark Office: Trademark Electronic Application System (TEAS)
• United States Patent and Trademark Office: Classes of Goods
• United States Patent and Trademark Office: Section 8 Affidavit
• United States Patent and Trademark Office: Section 8 Affidavit Plus Renewal