US Trademark Registration

Stage 1: Filing the Application

1️⃣ Trademark Search & Evaluation (Pre-Filing)
Before filing, conduct a conflict check to avoid rejection due to similar or existing trademarks.

• Search the USPTO’s TESS database for identical or similar marks

• Check for restricted terms, generic descriptions, or lack of distinctiveness

• It is recommended to choose a distinctive mark (e.g., coined words, logos, or graphic elements)

2️⃣ Submit Application via TEAS
File your trademark online through USPTO’s TEAS (Trademark Electronic Application System).

• Provide a clear trademark specimen and select the appropriate goods/services class (based on the Nice Classification)

• Choose between TEAS Plus or TEAS Standard application types

• Pay a non-refundable filing fee of $250–$350 per class, depending on the form type

⚠️ Note: The USPTO does not refund the filing fee, even if the application is later refused or abandoned.

3️⃣ Personal Information Disclosure
All trademark records are public. Information such as your name, address, and email will be visible in the USPTO database. Please ensure all details are accurate and appropriate for public disclosure.

4️⃣ Track Status via TSDR
After submission, monitor your application in real time via the TSDR (Trademark Status and Document Retrieval) system using your serial number to view updates, documents, and official notices.

5️⃣ Keep Contact Info Updated
If your email or address changes during the process, update it promptly in your USPTO account to avoid missing critical communications.

Stage 2: Examination Phase

❶Assignment & Formal Review
Within approximately 3–6 months after submission, a USPTO examining attorney is assigned to your case. The first step is to verify that your application meets the minimum filing requirements, including:

• Complete and accurate information

• Correct classification of goods/services

• Registrable mark format

❷Substantive Examination
The examiner will conduct a legal review to determine:

• Whether the mark is distinctive or merely descriptive

• Whether it is confusingly similar to existing registered or pending trademarks

• If it violates public policy (e.g., misleading or offensive content)

• Whether the mark is already in actual use or filed on an intent-to-use basis

❸ Office Action Issued (If Applicable)
If issues are identified, the USPTO will issue an Office Action, which includes the examiner’s objections or required corrections.

• For minor issues, the examiner may reach out by phone or email.

• For formal objections, the applicant or authorized attorney must submit a written response within 3 months (extendable to 6 months with a fee).

⚠️ Failure to respond within the deadline will result in the application being marked as Abandoned.

Stage 3: Publication Phase

🟥 1. Publication in the Official Gazette
Once the trademark passes examination—or any issues have been successfully resolved—the USPTO will publish the mark in the Official Gazette, a public journal that allows third parties to review newly approved trademarks.

🟩 2. Opposition Period (30 Days)
After publication, there is a 30-day opposition period during which any third party who believes your trademark may cause confusion or harm their rights can file a formal Opposition with the USPTO.

🟨 3. No Opposition or Opposition Resolved

• If no one opposes the mark, or if the opposition is dismissed or resolved in your favor, the trademark moves forward to the final registration phase.

• For Intent-to-Use applications, the USPTO will issue a Notice of Allowance, and you must submit a Statement of Use (SOU) before the trademark can be registered.

Stage 4: Registration Phase

Final Stage: Trademark Registered and Maintained

This stage marks that your trademark is now under full federal protection and enters the post-registration maintenance and management phase.

🟨 1. Official Registration
If no opposition is filed, or after any opposition is resolved, the USPTO will issue a Registration Certificate approximately 2 months after publication.
Your trademark is now officially protected, with exclusive nationwide rights for the registered goods or services.

🟪 2. Post-Registration Maintenance Requirements
Registration is not the end — to keep your trademark active, you must comply with USPTO maintenance deadlines:

• Between Years 5–6: File a Section 8 Declaration of Use

• Between Years 9–10: File Section 8 & Section 9 renewal documents

• Every 10 years thereafter: File renewals on time

⚠️ Missing any of these filings will result in automatic cancellation of your trademark registration.

🟫 3. Ongoing Monitoring
It is highly recommended to regularly check your trademark status via the TSDR system to:

• Ensure the registration remains active

• Respond promptly to any USPTO notices

• Manage changes, renewals, or enforcement actions if needed

1,Basic Trademark Information

Trademark Name: Text or design to be registered

Trademark Class: Goods or services category according to the Nice Classification

Trademark Type: Word mark, design mark, combined mark (text + design), 3D mark, etc.

2,Applicant Information

Applicant Type: Individual or company/organization

Applicant Name: Full personal name or company name

Address: Complete mailing address (inside or outside the U.S.)

Nationality or Place of Incorporation

3,Trademark Usage Statement

Actual Use Evidence: Photos of product packaging, labels, website screenshots, sales invoices, etc.

Intent-to-Use Declaration: Statement of planned future use if not yet in use

4,Detailed Description of Goods or Services

Clear description matching USPTO’s requirements for precise wording

5,Trademark Specimen

Clear image file (JPG or PNG) for design or combined marks meeting USPTO size and quality standards

6,Agent Information (if applicable)

Agent Name and Contact Information

Power of Attorney or Authorization Letter

Agent/Attorney Signature

7,Priority Documents (if applicable)

Copies and translations of prior foreign applications to claim priority

8,Application Fees

Pay the official fee according to classes and application type