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Filing A US Federal Trademark Application

Submitting a federal trademark application in the US requires several steps. This is the summary of the process:

Trademark Search

Check that your trademark is not in use or registered yet. Use the database of the United States Patent and Trademark Office (USPTO).

Choose the Application Filing Basis

Identify the filing basis for your trademark application. The two primary bases are:

  • Actual Use: Choose this if you are currently using the trademark in your commercial activities.
  • Intent to Use: Choose this if you have not used the trademark yet. This signifies your intent to use the mark in your future commercial activities.

Prepare the Federal Trademark Application

Fill out the trademark application form (Form TEAS) on the USPTO’s website.

  • The applicant’s name and address
  • A description of the goods or services associated with the mark
  • A specimen showing the mark as used in your commercial activities for actual use filing basis

Submit the Application

Pay the required filing fee. The number of classifications of goods or services specified in the application and its filing basis are considered in the filing fee computation.

Examination Process

A USPTO examining attorney will review your application. This is to ensure compliance with trademark law and regulations. Thus, respond promptly to requests for additional information, clarifications, or amendments to the application.

Publication for Opposition

Your application will be published in the USPTO’s Official Gazette for a 30 days. There are third parties who may file an opposition to your trademark registration.

Registration

If no opposition is lodged, or if the opposition fails, and all additional requirements are completed, the USPTO will issue a Notice of Allowance for applications based on intent to use. For applications based on actual use, registration will take place after the USPTO authorizes the mark for registration.

Maintaining the Registration

The trademark owner must comply with periodic filing of maintenance documents and declarations of continued use. Therefore, do these to keep your registration in force and prevent trademark cancellation.

 

Trademark application process can be complex. Seek legal guidance from a qualified trademark attorney. This would help you ensure that your application meets all requirements. It will increase your chances of successful trademark registration.

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