How to File a Trademark in the US

The USPTO’s current system for filing a new federal trademark application is Trademark Center. Filing begins a legal proceeding. The form should not be treated as a simple purchase or name reservation.

This roadmap explains the process for general education. It does not choose strategy, prepare the application, or provide legal advice.

Step 1: identify the owner

Determine the person or legal entity that owns the mark. The application requires the applicant’s name, domicile, legal entity, and citizenship or jurisdiction of organization.

Ownership mistakes can be serious. Confirm whether the founder, operating company, holding company, partnership, or another entity actually controls the nature and quality of the goods or services.

Step 2: define the mark

Choose the application format:

• standard characters for wording without a claim to particular style;
• special form for stylized wording, design, color, or a composite mark;
• a supported nontraditional format when applicable.

One application covers one mark. A name and a materially different logo may require separate applications.

Step 3: conduct a search

Search:

• exact federal wording;
• phonetic, visual, structural, and meaning variations;
• related goods and services;
• state, business-name, internet, and marketplace sources.

The USPTO examining attorney will conduct a federal search, but that happens after filing and fee payment.

Step 4: identify goods and services

List only goods and services the applicant uses or has a bona fide intention to use.

Use clear, accurate wording. Trademark Center incorporates the ID Manual, and using free-form custom wording currently creates an additional per-class fee.

The identification generally cannot be broadened after filing.

Step 5: choose the filing basis

Common bases include:

• Section 1(a), use in commerce: qualifying use already exists;
• Section 1(b), intent to use: bona fide intent exists, but qualifying use has not begun;
• Section 44: based on qualifying foreign application or registration circumstances;
• Section 66(a): extension of protection through the Madrid Protocol.

Each basis has different requirements. A U.S.-domiciled startup most often considers use in commerce or intent to use, but the correct basis depends on facts.

Step 6: prepare evidence for a use-based filing

A specimen is real-life evidence of how consumers encounter the mark with the goods or services.

For goods, examples may include labels, tags, packaging, or a qualifying point-of-sale webpage. For services, advertising or a webpage may be acceptable when it associates the mark with the services.

Mockups, digitally altered images, and unsupported claims can trigger refusals or validity concerns.

Step 7: create and verify the USPTO account

Trademark Center requires a USPTO.gov account, multifactor authentication, and identity verification for filers. Complete this before a deadline or planned filing date.

Foreign-domiciled applicants generally must be represented by a U.S.-licensed attorney.

Step 8: review current fees

The current base fee is $350 per class when base application requirements are met. Additional fees may apply for incomplete information, free-form identifications, long identifications, and later intent-to-use filings.

Verify the official schedule immediately before submission.

Step 9: file through Trademark Center

Review every field before signing:

• owner and domicile;
• mark drawing and description;
• translations or transliterations;
• goods, services, and classes;
• filing basis;
• specimen and dates when applicable;
• declarations and signer authority;
• correspondence information;
• fees.

The verified statements are legal declarations. Do not guess.

Step 10: monitor the application

Use TSDR and maintain a reliable correspondence email. The application may receive:

• a nonfinal Office action;
• suspension;
• an examiner’s amendment;
• a final Office action;
• approval for publication.

Most non-Madrid Office-action responses are due within three months, with an optional three-month extension available for a fee. Check the specific notice.

Step 11: publication and intent-to-use stages

If approved, the mark is generally published in the Trademark Official Gazette, allowing third parties an opportunity to oppose or request more time.

For an intent-to-use application, approval leads to a notice of allowance rather than immediate registration. The applicant must timely establish use through an amendment to allege use or statement of use and pay required fees.

Step 12: maintain the registration

For most U.S. registrations, required maintenance filings occur between the fifth and sixth years and every ten years. Missing deadlines and grace periods can cancel or expire the registration.

Monitor use, ownership, and correspondence throughout the registration’s life.

Frequently asked questions

Can I file a U.S. trademark myself?

Eligible U.S.-domiciled applicants may file without an attorney, but the USPTO encourages considering qualified counsel because the process is legal and can be complex.

Is TEAS still used for new applications?

As of January 18, 2025, new applications are filed through Trademark Center. TEAS continues to host other forms during the USPTO’s transition.

How long does registration take?

Timing changes and depends on examination, Office actions, publication, opposition, and intent-to-use steps. Use the USPTO’s live processing-time page rather than a fixed estimate.

Can I add more goods later?

An identification generally may be narrowed but not broadened after filing. New coverage may require another application.

Can Seneka submit the application?

No. Seneka supports pre-filing federal risk screening. It does not file applications, respond to Office actions, or act as legal counsel.

Primary sources

• USPTO: Apply online
• USPTO: Base application requirements
• USPTO: Application filing basis
• USPTO: Drawings and specimens
• USPTO: Trademark processing wait times