Protecting Your Trademark

Basic Facts About Trademarks

United States Patent and Trademark O
ce

ENHANCING YOUR RIGHTS 

THROUGH FEDERAL REGISTRATION
Tools 

Search pending and registered marks using the 

Trademark Electronic Search System (TESS).

File applications and other documents online using the 

Trademark Electronic Application System (TEAS). 

Check the status of an application and view and 

download application and registration records using 

Trademark Status and Document Retrieval (TSDR).

Transfer (assign) ownership of a mark to another 

entity or change the owner name and search the 

Assignments database.

Visit the Trademark Trial and Appeal Board (TTAB) 

online.

TESS

TEAS

TSDR

ASSIGNMENTS

TTAB

Trademark Information Network (TMIN) Videos

For general information and links to Frequently Asked 

Questions, processing timelines, the Trademark Manual 

of Examining Procedure (TMEP), and the Acceptable 

Identification of Goods and Services Manual (ID Manual).

MESSAGE FROM THE USPTO 

Thank you for requesting a copy of this booklet. We offer many more resources on the 

Trademarks Home page (http://www.uspto.gov/trademarks). If you decide to file a trademark 

application, we strongly encourage you to file electronically and to authorize the USPTO to 

communicate with you by e-mail.

Our website resources
Protecting Your Trademark

Enhancing Your Rights

Through Federal Registration

United States Patent and Trademark Office

An Agency of the United States 

Department of Commerce
UNITED STATES PATENT AND TRADEMARK OFFICE

CONTENTS

MEET THE USPTO                                                                                   1

TRADEMARK, COPYRIGHT, OR PATENT 2

CONSIDERATIONS FOR FEDERAL REGISTRATION WHEN SELECTING A MARK 3

TRADEMARK SEARCHING                                                                           9

PRIVATE TRADEMARK ATTORNEYS AND HOW TO FIND ONE                                       10

SHOULD I REGISTER MY MARK? 10

WHAT THE USPTO DOES AND DOES NOT DO                                                      11

HOW TO FILE A TRADEMARK APPLICATION                                                       12

WHAT A FILING DATE IS AND HOW IT IS DETERMINED                                             14

INFORMATION TO INCLUDE IN THE APPLICATION                                                 14

OWNER OF THE MARK (APPLICANT) 14

NAME AND ADDRESS FOR CORRESPONDENCE 15

DEPICTION OF THE MARK (“THE DRAWING”)                                                      16

GOODS/SERVICES                                                                                18

APPLICATION FILING FEE                                                                         19

BASIS FOR FILING 20

SPECIMEN FOR USE-BASED APPLICATIONS                                                       21

SIGNATURE 23

WHAT HAPPENS AFTER FILING AND WHAT TO DO                                                 24

LEGAL AND PROCEDURAL REVIEW OF APPLICATION 24

PUBLICATION FOR OPPOSITION                                                                  25

WHAT HAPPENS AFTER PUBLICATION?                                                            25

REGISTRATION CERTIFICATE ISSUES FOR “USE-IN-COMMERCE” APPLICATION 25

NOTICE OF ALLOWANCE (NOA) ISSUES FOR “INTENT-TO-USE” APPLICATION 26

HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-USE” APPLICATION                    26

MAINTAINING A FEDERAL TRADEMARK REGISTRATION                                           27

FEES FOR FILING TRADEMARK-RELATED DOCUMENTS 28

FOR MORE INFORMATION                                                                        29

SECTION 1(B) TIMELINE: APPLICATION BASED ON “INTENT-TO-USE”                               30
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BASIC FACTS ABOUT TRADEMARKS

MEET THE USPTO

The United States Patent and Trademark Office (USPTO) is a fee-funded agency of the U.S. 

Department of Commerce. The role of the USPTO is to grant patents for the protection of inventions 

and to register trademarks and service marks for products and services, respectively. It serves the 

interests of small and large businesses as well as consumers, and helps strengthen the economy by 

promoting the industrial and technological progress of the nation.

The Commissioner for Trademarks heads the trademark organization and ensures that the USPTO 

properly examines trademark applications and grants registrations when applicants are entitled 

to them; records ownership changes of trademarks; maintains search files and records of U.S. 

trademarks; and publishes and disseminates trademark information through resources such as this 

“Basic Facts About Trademarks” booklet. 
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UNITED STATES PATENT AND TRADEMARK OFFICE

TRADEMARK, COPYRIGHT, OR PATENT

What is a trademark or service mark?

• A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that 

identifies and distinguishes the source of the goods of one party from those of others. 

• A service mark is the same as a trademark, except that it identifies and distinguishes the source 

of a service rather than goods. Throughout this booklet, the terms “trademark” and “mark” 

refer to both trademarks and service marks. 

Do trademarks, copyrights, and patents protect the same things?

No. Trademarks, copyrights, and patents protect different types of intellectual property. 

A trademark typically protects brand names and logos used on goods and services. A copyright 

protects an original artistic or literary work. A patent protects an invention. For example, if you 

invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. 

You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you 

might register a copyright for the TV commercial that you use to market the product.

For copyright information, go to http://www.copyright.gov. For patent information, go to 

http://www.uspto.gov/patents.

To help evaluate your overall awareness of intellectual property knowledge and to provide access 

to additional educational materials based on the assessment results, please use the Intellectual 

Property Awareness Assessment tool, available at http://www.uspto.gov/inventors/assessment.

How do domain names, business name registrations, and trademarks differ?

A domain name is part of a web address that links to the internet protocol address (IP address) of 

a particular website. For example, in the web address “http://www.uspto.gov,” the domain name is 

“uspto.gov.” You register your domain name with an accredited domain name registrar, not through 

the USPTO. A domain name and a trademark differ. A trademark identifies goods or services as 

being from a particular source. Use of a domain name only as part of a web address does not qualify 

as source-indicating trademark use, though other prominent use apart from the web address may 

qualify as trademark use. Registration of a domain name with a domain name registrar does not 

give you any trademark rights. For example, even if you register a certain domain name with a 

domain name registrar, you could later be required to surrender it if it infringes someone else’s 

trademark rights. 

Similarly, use of a business name does not necessarily qualify as trademark use, though other use 

of a business name as the source of goods or services may qualify it as both a business name and a 

trademark. Many states and local jurisdictions register business names, either as part of obtaining 

a certificate to do business or as an assumed name filing. For example, in a state where you will 

be doing business, you might file documents (typically with a state corporation commission or 

state division of corporations) to form a business entity, such as a corporation or limited liability 
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BASIC FACTS ABOUT TRADEMARKS

company. You would select a name for your entity, for example, XYZ, Inc. If no other company 

has already applied for that exact name in that state and you comply with all other requirements, 

the state likely would issue you a certificate and authorize you to do business under that name. 

However, a state’s authorization to form a business with a particular name does not also give you 

trademark rights and other parties could later try to prevent your use of the business name if they 

believe a likelihood of confusion exists with their trademarks. 

CONSIDERATIONS FOR FEDERAL REGISTRATION WHEN 

SELECTING A MARK

Once you determine that the type of protection you need is, in fact, trademark protection, then 

selecting a mark is the very first step in the overall application/registration process. This must 

be done with thought and care, because not every mark is registrable with the USPTO. Nor is 

every mark legally protectable. THat is, some marks may not be capable of serving as the basis for 

a legal claim by the owner seeking to stop others from using a similar mark on related goods or 

services. Businesses and individuals new to trademarks and the application/registration process 

often choose a mark for their product or service that may be difficult or even impossible to register 

and/or protect for various reasons. Before filing a trademark/service mark application, you should 

consider (1) whether the mark you want to register is registrable, and (2) how difficult it will be to 

protect your mark based on the strength of the mark selected. Note in this regard that the USPTO 

only registers marks. You, as the mark owner, are solely responsible for enforcement. 

Below are some factors to consider when choosing a mark. While the USPTO can provide the 

following general guidance, the agency does not advise you in advance of your filing an application 

whether your specific mark is registrable.

Likelihood of Confusion with Other Marks

The USPTO examines every application for compliance with federal law and rules. The most 

common reason to refuse registration is a “likelihood of confusion” between the mark of the 

applicant and a mark already registered or in a prior-filed pending application owned by another 

party. The USPTO determines that a likelihood of confusion exists when both (1) the marks are 

similar, and (2) the goods and/or services of the parties are related such that consumers would 

mistakenly believe they come from the same source. Similar marks or related goods/services by 

themselves are not enough to support a finding of a likelihood of confusion, unless a court has held 

that the mark is actually a famous mark. That is, generally two identical marks can co-exist, so long 

as the goods and services are not related.

Each application is decided on its own facts and no simple mechanical test is used to determine 

whether a likelihood of confusion exists. Therefore, before filing your non-refundable application, 

it is very important for you to determine whether your proposed mark is likely to cause confusion 

with another mark. This determination can be made only after doing a thorough trademark search, 

as discussed below.
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UNITED STATES PATENT AND TRADEMARK OFFICE

Similarity of Marks

To determine whether a likelihood of confusion exists, the marks are first examined for their 

similarities and differences. Note that in order to find a likelihood of confusion, the marks do not 

have to be identical. When marks sound alike when spoken, are visually similar, have the same 

meaning (even if in translation), and/or create the same general commercial impression in the 

consuming public’s mind, the marks may be considered confusingly similar. Similarity in sound, 

appearance, and/or meaning may be sufficient to support a finding of likelihood of confusion, 

depending on the relatedness of the goods and/or services.

The following are examples of marks that would be considered similar:

Sound

Although spelled differently, the marks sound alike; i.e., they are “phonetic equivalents.”

Appearance

The marks look very similar, even though the one on the right uses a stylized font.

Meaning

The marks are similar because, when the Italian word “LUPO” is translated into English, it means “WOLF.”
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BASIC FACTS ABOUT TRADEMARKS

Commercial Impression

Because the marks include the same design element, they create a similar overall commercial 

impression, even though the one on the right also includes words plus the design.

The marks convey a similar general meaning and produce the same mental reaction.

Relatedness of Goods and/or Services

Even if two marks are found to be confusingly similar, a likelihood of confusion will exist only if 

the goods and/or services upon which or in connection with the marks are used are, in fact, related. 

Whether the goods and/or services are related is determined by considering the commercial 

relationship between the goods and/or services identified in the application with those identified 

in the registration or earlier-filed application. To find relatedness between goods and/or services, 

the goods and/or services do not have to be identical. It is sufficient that they are related in such a 

manner that consumers are likely to assume (mistakenly) that they come from a common source. 

The issue is not whether the actual goods and/or services are likely to be confused but, rather, 

whether a likelihood of confusion would exist as to the source of the goods and/or services.
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UNITED STATES PATENT AND TRADEMARK OFFICE

The following are examples of related goods and/or services: 

Goods

Services

Goods and Services

Strong v. Weak Marks

In addition to selecting a mark that is not likely to be confused with any pre-existing marks, it is in 

your best interest to select a mark that is considered “strong” in a legal or trademark sense, i.e., a mark 

that will most easily allow you to prevent third-party use of your mark. Some marks are easier to 

protect than others and these are considered “strong” marks. 

On the other hand, if a mark is “weak,” it most likely is descriptive and others are already using it to describe 

their goods or services, making it difficult and costly to try to police and protect. Weak marks should be 

avoided; they simply do not have the same legal protections of a stronger and more distinctive mark. 

Generally, marks fall into one of four categories: fanciful or arbitrary, suggestive, descriptive, or 

generic. The category your mark falls into will significantly impact both its registrability and your 

ability to enforce your rights in the mark.
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BASIC FACTS ABOUT TRADEMARKS

The strongest and most easily protectable types of marks are fanciful marks and arbitrary marks, 

because they are inherently distinctive. Fanciful marks are invented words with no dictionary or 

other known meaning. Arbitrary marks are actual words with a known meaning that have no 

association/relationship with the goods protected. Fanciful and arbitrary marks are registrable 

and, indeed, are more likely to get registered than are descriptive marks. Moreover, because these 

types of marks are creative and unusual, it is less likely that others are using them. 

Examples of fanciful and arbitrary marks: 

Fanciful: BELMICO for “insurance services”

Arbitrary: BANANA for “tires”

Suggestive marks suggest, but do not describe, qualities or a connection to the goods or services. 

Suggestive marks are registrable and are also considered “strong” marks. If you do not choose a 

fanciful or arbitrary mark, a suggestive mark is your next best option.

Examples of suggestive marks: 

QUICK N’ NEAT for “pie crust” 

GLANCE-A-DAY for “calendars”

Descriptive marks are words or designs (e.g., depiction of a television for “television repair 

services”) that describe the goods and/or services. Such marks are generally considered “weaker” 

and therefore more difficult to protect than fanciful and arbitrary marks. If the USPTO determines 

that a mark is “merely descriptive,” then it is not registrable or protectable on the Principal 

Register unless it acquires distinctiveness-- generally through extensive use in commerce over 

a five-year period or longer. Descriptive marks are considered “weak” until they have acquired 

distinctiveness. 

Applicants often choose (frequently at the suggestion of marketing professionals) descriptive marks 

for their goods and/or services, believing that such marks reduce the need for expensive consumer 

education and advertising because consumers can immediately identify the product or service 

being offered directly from the mark. This approach, while perhaps logical marketing advice, often 

leads to marks that cannot be easily protected, i.e., to extremely weak trademark rights. That is, 

a descriptive mark may not be registrable or protectable against later users of identical or similar 

marks; therefore, adoption of a descriptive mark may end up costing more money in the long term, 

either due to higher costs to try to police and enforce such a mark, or because it may be legally 

necessary to stop using the descriptive mark and select a new mark.

Examples of descriptive marks:

CREAMY for “yogurt”

WORLD’S BEST BAGELS for “bagels”
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UNITED STATES PATENT AND TRADEMARK OFFICE

Generic words are the weakest types of “marks” (and cannot even qualify as “marks” in the legal 

sense) and are never registrable or enforceable against third parties. Because generic words are 

the common, everyday name for goods and services and everyone has the right to use such terms 

to refer to their goods and services, they are not protectable. Be aware that if you adopt a generic 

term to identify your goods or services, you will not be able to prevent others from using it to 

identify potentially competing products or services. In addition, even a fanciful mark that is very 

strong can, over time, become generic if the owner either starts using the mark in a non-trademark 

manner (see ESCALATOR and ASPIRIN examples, below) or fails to police use of its mark properly 

and take appropriate action. Without proper policing over time, the original owner of a mark could 

lose any trademark rights it has in the mark.

Examples of generic marks:

Applied-for trademarks that would be considered generic at the time of filing because they 

are the name of the good or product offered by the service: 

BICYCLE for “bicycles” or “retail bicycle stores”

MILK for “a dairy-based beverage”

Trademarks that eventually became generic because of long-term widespread, nontrademark use: 

ESCALATOR for “moving staircases,” ASPIRIN for “pain relief medication”

Other Potential Grounds for the USPTO to Refuse Registration 

The USPTO will also refuse registration of a proposed mark for many other reasons, including but 

not limited to the mark being: a surname; geographically descriptive of the origin of the goods/

services; disparaging or offensive; a foreign term that translates to a descriptive or generic term; an 

individual’s name or likeness; the title of a single book and/or movie; and matter that is used in a 

purely ornamental manner. While some of these refusals are an absolute bar to registration, others 

may be overcome by evidence under certain circumstances. For more information about these and 

other possible refusals, see Trademark Manual of Examining Procedure (TMEP) Chapter 1200 at 

http://tess2.uspto.gov/tmdb/tmep.

Other Factors in Selecting a Mark

You should also consider other important factors when selecting your mark, such as whether the 

public is likely to be able to remember, pronounce, and spell the selected mark. If you plan to 

market your goods or services outside the United States under the same mark, consider whether 

the U.S. mark might have another meaning when translated into a foreign language, particularly if, 

for example, the translated word could be considered offensive.
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BASIC FACTS ABOUT TRADEMARKS

TRADEMARK SEARCHING

Why should I do a trademark search?

Conducting a complete search of your mark before filing an application is very important because 

the results may identify potential problems, such as a likelihood of confusion with a prior registered 

mark or a mark in a pending application. A search could save you the expense of applying for a 

mark in which you will likely not receive a registration because another party may already have 

stronger rights in that mark. Also, the search results may show whether your mark or a part of 

your mark appears as generic or descriptive wording in other registrations, and thus is weak and/

or difficult to protect.

Where do I search?

The USPTO offers a free search system known as TESS (Trademark Electronic Search System), 

available 24-7 through http://www.uspto.gov/trademarks at “TESS search trademarks.” The 

TESS Help Page at http://tess2.uspto.gov/webaka/html/help.htm includes information, with some 

sample search strategies, on how to search the USPTO’s database of registered and prior pending 

applications to help determine whether any marks therein could prevent registration of your mark 

due to a likelihood of confusion. The USPTO will not search your mark for you prior to your 

filing an application. After filing and as part of the examination of your application, the USPTO 

will conduct a search of your mark and will let you know the results of that search. If the USPTO 

finds another registered mark or earlier-filed pending mark confusingly similar to yours for related 

goods/services, it will refuse to register your mark.

Alternatively, you can search the TESS database at a Patent and Trademark Resource Center 

(PTRC). Information about PTRC locations is available through http://www.uspto.gov.

Be aware that any searches you conduct on TESS are limited to the USPTO’s database of federal 

trademark applications and registrations and do not include the marks of other parties who may have 

trademark rights but no federal registration. These rights, known as “common law” rights, are based 

solely on use of the mark in commerce within a particular geographic area. Common law rights 

may be stronger than those based on a registration, if the common law use is earlier than the use 

that supports the registration. Therefore, it is critical to learn whether superior common law rights 

exist, by searching the Internet for websites and articles that reference similar marks that are related 

to your goods and services. You should also search state trademark databases and business name 

databases. Because searching is very complex, you should seriously consider hiring a trademark 

attorney to assist you with a “full” or “comprehensive” trademark search, as discussed below. 
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UNITED STATES PATENT AND TRADEMARK OFFICE

PRIVATE TRADEMARK ATTORNEYS AND HOW TO FIND ONE

Do I need a lawyer?

Filing a trademark application at the USPTO starts a legal proceeding that may be complex and will 

require you to comply with all requirements of the trademark statute and rules. Most applicants hire 

an attorney who specializes in trademark matters to represent them in the application process and 

provide legal advice. While a USPTO trademark examining attorney will try to help you through 

the process even if you do not hire a lawyer, no USPTO attorney may give you legal advice. Once 

you hire an attorney, the USPTO will only communicate with your attorney about your application. 

A private trademark attorney can help you before, during, and after the trademark application 

process, including helping you police and enforce the trademark registration that may issue 

from your application. While you are not required to have an attorney, an attorney may save you 

from future costly legal problems by conducting a comprehensive search of federal registrations, 

state registrations, and “common law” unregistered trademarks—all done before you file your 

application. Comprehensive searches are important because other trademark owners may have 

stronger protected legal rights in trademarks similar to yours even though they are not federally 

registered. Therefore, those unregistered trademarks will not appear in the USPTO’s Trademark 

Electronic Search System (TESS) database but could still ultimately prevent you from using your 

mark even if the USPTO registers your mark.

In addition, trademark lawyers can help you navigate the application process to provide optimal 

protection of your trademark rights, by, for example, accurately identifying and classifying your 

goods and services, and preparing responses to any refusals to register that an examining attorney 

may issue. Further, a private attorney can help you understand the scope of your trademarks rights 

and advise you on the best way to police and enforce those rights, including what to do if other 

trademark owners allege that you are infringing their mark. Remember, enforcement of trademark 

rights is your responsibility, not that of the USPTO.

How do I find a trademark attorney?

To locate an attorney, consult your local telephone listings, the Internet, or contact the attorney 

referral service of a state bar or local bar association (for assistance in that regard, see the American 

Bar Association’s Consumers’ Guide to Legal Help, at http://apps.americanbar.org/legalservices/

findlegalhelp/home.cfm). The USPTO cannot provide you with legal advice or help you select an 

attorney.

SHOULD I REGISTER MY MARK? 

Is federal registration of my mark required? 

No. In the United States, parties are not required to register their marks to obtain protectable rights. 

You can establish “common law” rights in a mark based solely on use of the mark in commerce, 
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BASIC FACTS ABOUT TRADEMARKS

without a registration. However, owning a federal trademark registration on the Principal Register 

provides a number of significant advantages over common law rights alone, including:

• A legal presumption of your ownership of the mark and your exclusive right to use the mark 

nationwide on or in connection with the goods/services listed in the registration (whereas a 

state registration only provides rights within the borders of that one state, and common law 

rights exist only for the specific area where the mark is used); 

• Public notice of your claim of ownership of the mark;

• Listing in the USPTO’s online databases;

• The ability to record the U.S. registration with U.S. Customs and Border Protection to prevent 

importation of infringing foreign goods;

• The right to use the federal registration symbol “®”;

• The ability to bring an action concerning the mark in federal court; and

• The use of the U.S. registration as a basis to obtain registration in foreign countries.

When can I use the trademark symbols TM, SM, and ®? 

Each time you use your mark, it is best to use a designation with it. If registered, use an ® after the 

mark. If not yet registered, use TM for goods or SM for services, to indicate that you have adopted 

this as a trademark or service mark, respectively, regardless of whether you have filed an application 

with the USPTO. You may only use the registration symbol with the mark on or in connection with 

the goods/services listed in the federal trademark registration. However, no specific requirements 

exist as to the precise use of the “®” symbol as to placement, e.g., whether used in a subscript or 

superscript manner. Note: Several foreign countries use “®” to indicate that a mark is registered in 

that country. Use of the symbol by the holder of a foreign registration may be proper. 

WHAT THE USPTO DOES AND DOES NOT DO

What does the USPTO do? 

The USPTO reviews trademark applications and determines whether the applied-for mark 

meets the requirements for federal registration. USPTO employees will answer general questions 

about the application process at no charge. Contact the Trademark Assistance Center (TAC) at 

TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199. Note: The USPTO cannot provide any 

sort of information in the nature of “legal advice.” For legal advice, please consider contacting an 

attorney who specializes in intellectual property. 
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UNITED STATES PATENT AND TRADEMARK OFFICE

What does the USPTO not do?

The USPTO does not:

• Decide whether you have the right to use a mark (which differs from the right to register). No 

law requires that you federally register your mark in order to acquire rights in the mark;

• Enforce your rights in the mark or bring legal action against a potential infringer. 

• Conduct trademark searches for the public; 

• Comment on the validity of registered marks; 

• Assist you with policing your mark against infringers;

• Assist you with recordation of your mark with U.S. Customs and Border Protection; 

• Answer questions prior to filing on whether a particular mark or type of mark is eligible for 

trademark registration; or 

• Offer legal advice or opinions about common law trademark rights, state registrations, or 

trademark infringement claims. 

HOW TO FILE A TRADEMARK APPLICATION 

Is there a form for filing my application? 

Yes. You can file your application directly over the Internet using the Trademark Electronic 

Application System (TEAS) at http://www.uspto.gov/teas. For an initial Principal Register 

application, three electronic filing options are available: TEAS Plus, TEAS Reduced Fee (TEAS 

RF), and TEAS Regular. 

All of these electronic filing options allow you to pay by credit card, electronic funds transfer, or 

through an existing USPTO deposit account. Electronic filing has many advantages over filing on 

paper, including:

• On-line help. Hyperlinks provide help sections for each of the application fields. Help is 

also available from TEAS@uspto.gov and from the Trademark Assistance Center (TAC) 

(TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).

• Validation function. TEAS checks information to help avoid the omission of important 

information. 

• Immediate reply. The USPTO immediately issues an initial filing receipt via e-mail containing 

the assigned application serial number and a summary of the submission. 

• 24-hour availability. TEAS is available 24 hours a day, 7 days a week (except 2 a.m. to 6 a.m. 

Sundays when you cannot pay by credit card, although you can create forms and save them for 
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BASIC FACTS ABOUT TRADEMARKS

later filing). You can receive a filing date until midnight Eastern Time on any date. 

• Lower filing fees. The filing fees for using TEAS are lower than the fee for filing on paper. 

And the fees for TEAS Plus and TEAS RF applications are even lower than the TEAS Regular 

application fee.

• More accurate filing receipts. Most of your information is transferred directly from what you 

enter into the database and is generally not re-entered by hand at the USPTO.

If you do not have Internet access, you can access TEAS at any Patent and Trademark Resource 

Center (PTRC) throughout the United States (see http://www.uspto.gov/products/library/ptdl/

locations/index.jsp). Many public libraries also provide Internet access.

How do the TEAS Plus, TEAS RF, and TEAS Regular application options differ?

The TEAS Plus filing option offers the lowest filing fee per class of goods or services, and has 

the strictest requirements. TEAS Plus applicants must comply with the TEAS RF requirements 

specified below, and also some additional requirements regarding the selection of the identification 

of goods/services and the type of mark-related information that must be provided at the time of 

filing. For example, you must be able to select an entry or entries from the USPTO’s Acceptable 

Identification of Goods and Services Manual (ID Manual) (available at http://tess2.uspto.gov/

netahtml/tidm.html) that accurately describe your goods/services. 

The TEAS RF filing option has a reduced filing fee per class of goods or services, and requires the 

applicant to (1) provide an e-mail address and authorize the USPTO to send e-mail correspondence 

concerning the application throughout the application process and (2) agree to file electronically 

through TEAS certain application-related submissions that may be filed during the application 

process, such as voluntary amendments and responses to Office actions. 

The filing fee for a TEAS Regular application is the highest of the electronic filing options per class 

of goods or services. 

An applicant who files a TEAS Plus or TEAS RF application, but does not satisfy the relevant 

requirements for that filing option, must submit an additional processing fee per class of goods or 

services. 

For current fees, see the Trademark Fee Information page at http://www.uspto.gov/trademarks/

tm_fee_info.jsp or contact the Trademark Assistance Center (TrademarkAssistanceCenter@uspto.

gov or 1-800-786-9199).

Can I file other than by the Internet?

Yes. We recommend using TEAS, but you may file a paper application at the highest cost per class 

of goods or services. To obtain a printed form, call the USPTO’s automated telephone line at 1-800-

786-9199. Our mailing address is Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 

22313-1451. You may not submit an application by facsimile.
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UNITED STATES PATENT AND TRADEMARK OFFICE

WHAT A FILING DATE IS AND HOW IT IS DETERMINED

All applications are assigned a filing date. If you transmit your application over the Internet, the 

filing date is the date the transmission reaches the USPTO server, in Eastern Standard Time. If 

you file on paper, the filing date of an application is the date the USPTO receives the application. 

The USPTO relies on a filing date to assess priority among applications; i.e., the USPTO reviews 

applications in the order received. The filing date is important because it generally gives your 

application priority over applications with a later filing date. So, if an application filed after yours 

is likely to cause confusion with yours, that application will be blocked, or, technically, suspended, 

until your application either registers or goes abandoned.

The priority created by a filing date is not absolute. You might have very strong rights based on long 

use of your mark, for example, even if this is the first time filing for a federal registration. So, if you 

are second in line but you have stronger rights than the applicant in front of you, you may be able 

to intervene with an opposition proceeding and prevent that application from registering. So while 

examination will not take place out of order, the second in line does have an opportunity to assert 

superior rights at the proper time in the overall registration process.

Receiving a filing date does not mean that your mark will be registered. To obtain a registration, 

you must comply with all application requirements and overcome any refusal(s) issued by the 

USPTO during examination. 

INFORMATION TO INCLUDE IN THE APPLICATION 

• OWNER OF THE MARK (“APPLICANT”)

• NAME AND ADDRESS FOR CORRESPONDENCE 

• DEPICTION OF THE MARK (“THE DRAWING”) 

• GOODS/SERVICES 

• APPLICATION FILING FEE 

• BASIS FOR FILING

• SPECIMEN FOR USE-BASED APPLICATIONS

• SIGNATURE

OWNER OF THE MARK (APPLICANT)

The application must be filed in the name of the owner of the mark. The owner of the mark is the 

person or entity who controls the nature and quality of the goods/services identified by the mark. 

The owner is not necessarily the name of the person filling out the form. The owner may be an 

individual, corporation, partnership, LLC, or other type of legal entity.
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BASIC FACTS ABOUT TRADEMARKS

Must I be a U.S. citizen to apply? 

No. You are not required to be a U.S. citizen to apply for and obtain a federal registration.

NAME AND ADDRESS FOR CORRESPONDENCE

The applicant’s name and street address is required for the USPTO to send communications 

concerning the application. The applicant is strongly encouraged to provide an e-mail address and 

authorize the USPTO to correspond electronically, to allow the USPTO to e-mail notices regarding 

the application. Applicants who file using the TEAS Plus or TEAS RF filing option must authorize 

e-mail communication. Note: The USPTO is not responsible for any e-mail not received due to the 

applicant’s security or anti-spam software, or any problems within the applicant’s e-mail system. 

You can view all sent actions and notices on-line, from Trademark Status and Document Retrieval 

(http://tsdr.uspto.gov).

Applicants who reside outside the United States may include the name and address of a domestic 

representative on their application. A domestic representative is a person residing in the U.S. upon 

whom notices or process may be served for proceedings affecting the mark. 

Changes of Address: You must keep your mailing address and/or e-mail address up to date with the 

USPTO. Changes of address should be filed using the Change of Correspondence Address form 

on TEAS at http://www.uspto.gov/teas. If you send a change of address on paper, please include 

the applicant’s name, the mark, and the application serial number and mail to: Commissioner for 

Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

Warning for Privacy Concerns

Except for payment information, all data you submit to the USPTO, including your street address, 

e-mail address, and telephone number, will become part of a public record and will be viewable 

through the Internet on the USPTO’s website, as well as other websites that index USPTO data, 

such as Google®.com. Some applicants use a Post Office box number to avoid disclosure of a 

physical address. While providing your telephone number will help the USPTO communicate 

with you, it is not required; therefore, if you do not wish your telephone number to become public, 

please do not provide it. 

Non-USPTO Communications about Your Trademark

Solicitations: Third-party websites and Internet search engines may use and post the information 

you provide to the USPTO and companies not associated with the USPTO may use the information 

to mail or e-mail you solicitations concerning your trademark. These companies may use names 

that resemble the USPTO name, including, for example, the terms “United States” or “U.S,” and 

their solicitations often mimic the look of official government documents rather than appearing 

like a typical commercial or legal solicitation by emphasizing official government data like the 

USPTO application serial number, the registration number, the International Class(es), filing 

dates, and other information that is publicly available from USPTO records. Many refer to other 
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UNITED STATES PATENT AND TRADEMARK OFFICE

government agencies and sections of the U.S. Code. Most require “fees” to be paid. 

So, be sure to read trademark-related communications carefully before making a decision about 

whether to respond. All official correspondence will be from the “United States Patent and 

Trademark Office” in Alexandria, VA, and if by e-mail, specifically from the domain “@uspto.gov.”

Letters claiming trademark infringement: If another trademark owner believes that you do not 

have the right to use your trademark, you may receive a letter (a “cease-and-desist” letter) that 

(1) requests that you stop using your mark because of what the letter will allege is unlawful or 

infringing use, and (2) states that you could face possible legal action if you do not stop using 

your mark. Because of the legal implication regarding the rights in your mark and the threat of 

possible legal action against you, if an attorney does not already represent you, you are strongly 

encouraged to hire one. Please see the “How do I find a trademark attorney” section on page 9.

DEPICTION OF THE MARK (“THE DRAWING”) 

Every application must include a clear image of one mark (“the drawing”). The USPTO uses the 

drawing to upload the mark into the USPTO search database and to print the mark in the Official 

Gazette (OG) and on the registration certificate. If you have variations on the mark that you wish 

to register, each requires its own separate application and fee.

There are two types of drawings: “standard character” and “special form.” 

What is a “standard character” drawing? 

A standard character drawing is commonly submitted when the mark you wish to register consists 

solely of words, letters, or numbers. A standard character mark protects the wording itself, without 

limiting the mark to a specific font, style, size, or color and therefore gives you broader protection 

than a special form drawing.

A standard character drawing must have the following characteristics:

• No design element;

• No stylization of lettering and/or numbers; 

• Any letters and words in Latin characters; 

• Any numbers in Roman or Arabic numerals; 

• Only common punctuation or diacritical marks.

NOTE: The USPTO has created a standard character set that lists letters, numerals, punctuation 

marks, and diacritical marks that may be used in a standard character drawing. The set is available 

on the USPTO’s website at http://www.uspto.gov/teas/standardCharacterSet.html. 
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BASIC FACTS ABOUT TRADEMARKS

How do I file a standard character drawing?

When you file electronically, TEAS generates a standard character drawing for you, based on the 

information you enter on the form under “enter the mark here.”

When you file on paper, you must use standard letter-size paper and include these elements at the top 

of the “drawing page” as part of your application: applicant’s name; correspondence address; and the 

following statement: “The mark is presented in standard character format without claim to any particular 

font style, size or color.” The representation of the mark must appear in the middle of the page.

What is a “special form” drawing?

If your mark includes a design or logo, alone or with wording, or if the particular style of lettering 

or particular color(s) is important, you must select the “special form” drawing format. If you are 

seeking registration of a word(s) combined with a design element, the drawing must depict both 

the word(s) and the design element combined as one image. 

How do I file a “special form” drawing?

When you file electronically, you must upload an image of your mark into the TEAS form. The 

mark image must be in .jpg format and should have minimal white space surrounding the design 

of the mark. Mark images should not include the trademark, service mark or registration symbols 

(TM, SM, ®). Unless a color image is being submitted for a mark wherein color is claimed as a 

feature of the mark, the mark image should be black and white.

When you file on paper, you must use standard letter-size paper and include the applicant’s name 

and correspondence address at the top of the drawing page as part of your application. The mark 

must appear in the middle of the page, and consist of the entire mark, i.e., word(s) and design, 

where appropriate.

The following is an example of a proper special form drawing page for an application filed on paper 

for the mark T.MARKEY and the design of the T.MARKEY character:

Applicant’s Name: Jefferson Partners, Inc.

Correspondence Address: 100 Main Street, Any Town, MO 12345
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UNITED STATES PATENT AND TRADEMARK OFFICE

Should I submit a black-and-white drawing or a color drawing?

Generally, you may submit a black-and-white drawing even if you use your mark in color, because 

a black-and-white drawing covers use of your mark in any color. However, if it is important that 

your customers associate specific colors in your mark with your product, you may wish to limit 

your mark and claim those colors as part of your mark. If you do submit a color claim, then you 

must also submit a color drawing of your mark that matches the colors you are claiming.

What are the requirements if I submit a color drawing? 

You must submit the following: (1) a “color claim” naming the color(s) and stating that the color(s) 

is a feature of the mark, and (2) a separate statement describing the mark and stating where the 

color(s) appears in the mark.

GOODS/SERVICES 

What is the difference between goods and services?

Goods are products, such as bicycles or candles. Services are activities performed for the benefit of 

someone else, such as bicycle rental services or catering. 

The difference between goods and services may be confusing. Are your customers paying for a 

product or paying you to perform a specific activity? If your customer is paying you for a product, 

such as a candle or bicycle, then you have goods. However, if your customer is paying you to 

perform an activity, such as catering or bicycle rental, then you have services. You may list both 

goods and services in an application.

You must list the specific goods/services for which you want to register your mark. If you are filing 

based upon “use in commerce,” you must be using the mark in commerce on all the goods/services 

listed. If you are filing based upon a “bona fide intent to use the mark,” you must have a good faith 

or bona fide intent to use the mark on all the goods/services listed.

You should check the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) 

at http://tess2.uspto.gov/netahtml/tidm.html, which contains a listing of acceptable identifications 

of goods and services. Any entry you choose must accurately describe your goods/services. A 

failure to correctly list the goods/services with which you use the mark, or intend to use the mark, 

may prevent you from registering your mark. You will not be given a refund of any fees paid.

If the ID Manual does not contain an accurate listing for your goods/services, do not merely 

select an entry that seems “close.” Instead, you must create your own identification, describing 

your goods/services using clear, concise terms that the general public easily understands. If you 

list vague terms, such as “miscellaneous services” or “company name,” your application will be 

considered void and you must file a new application. 

 If using the TEAS Plus form, you must choose your goods/services from the ID Manual. Therefore, 
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BASIC FACTS ABOUT TRADEMARKS

you should check the ID Manual prior to filling out the form. If no ID Manual entry accurately 

identifies your goods/services, you may not use the TEAS Plus form. However, you may use the 

TEAS RF or TEAS Regular form.

May I change the goods/services after filing my application? 

You may clarify or limit the goods/services but you may not expand or broaden the goods/services. 

For example, if you filed for “shirts,” you may limit the goods to specific types of shirts such as 

“t-shirts and sweatshirts.” However, you may not change the goods to “pants.” Likewise, if you 

file for “jewelry,” you may change the goods to specific types of jewelry such as “jewelry, namely, 

earrings.” However, you may not change the goods to a service such as “jewelry stores.”

APPLICATION FILING FEE 

Application filing fees are based on the type of application form used (TEAS Plus, TEAS 

RF, TEAS Regular, or paper) and the number of International Classes of goods or services in 

the application. Paper applications have the highest filing fee and TEAS Plus applications 

have the lowest filing fee. For current fees, see the Trademark Fee Information page at 

http://www.uspto.gov/trademarks/tm_fee_info.jsp or contact the Trademark Assistance Center 

(TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).

Goods and services are sorted into categories called “International Classes.” Each International Class 

requires a separate filing fee. For a listing of the International Classes, see the International Schedule 

of Classes of Goods and Services, at http://www.uspto.gov/trademarks/notices/international.jsp. 

While you can use the schedule to determine the total number of classes that require a fee (each 

class of goods and services requires a separate fee), it is not appropriate for determining actual 

identifications of goods and/or services to be listed in your application, since general class headings 

are not acceptable for filing purposes. Instead, use the USPTO’s Acceptable Identification of Goods 

and Services Manual (ID Manual), at http://tess2.uspto.gov/netahtml/tidm.html.

The TEAS forms accept payment by credit card and electronic funds transfer or 

through an existing USPTO deposit account. If you are filing on paper, you can 

download the form for authorizing credit-card charges from the USPTO website at 

http://www.uspto.gov/forms/2038-fill.pdf or pay by a check or money order made payable to 

“Director of the USPTO.”

An applicant who files a TEAS Plus or TEAS RF application, but does not satisfy the relevant 

requirements for that filing option, must submit an additional processing fee per class of goods or 

services. 

Filing fees are not refundable. If your application meets the filing requirements but is later refused 

on legal grounds, the application filing fee will not be refunded. 
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UNITED STATES PATENT AND TRADEMARK OFFICE

BASIS FOR FILING 

The application must specify your “basis” for filing. Most U.S. applicants base their application on 

either their current use of the mark in commerce or their intent to use the mark in commerce in 

the future. 

What is the difference between a “use-in-commerce” application and an “intentto-use” application?

Under either basis, prior to registration you must demonstrate that you have used the mark in 

commerce in connection with all the goods/services listed in your application by submitting an 

acceptable specimen. The basic difference between these two filing bases is whether you have 

started to use the mark on all the goods/services. If you have already used your mark in commerce 

in connection with all the goods/services listed in your application, you may file under the “use-incommerce” basis. If you have not yet used your mark, but intend to use it in the future, you must 

file under the “intent-to-use” basis. An “intent-to-use” basis requires filing an additional form and 

fee that are unnecessary if you file under “use in commerce.” For information on the additional 

form, see the “HOW DO I ESTABLISH USE OF THE MARK IF I FILED AN INTENT-TO-USE 

APPLICATION?” section on page 24. It is also possible to file an application wherein some of the 

goods/services are in use and others are intent to use, but the application must clearly identify this.

What is a “use-in-commerce” basis? 

For applications filed under the use-in-commerce basis, you must be using the mark in the sale or 

transport of goods or the rendering of services in “interstate” commerce between more than one 

state or U.S. territory, or in commerce between the U.S. and another country. For goods, the mark 

must appear on the goods (e.g., tags or labels), the container for the goods, or displays associated 

with the goods. For services, the mark must be used in the sale or advertising of the services.

How do I establish my “use-in-commerce” basis?

• Provide the date of first use of the mark anywhere and the date of first use of the mark 

in commerce.

• Submit a specimen (example) showing how you use the mark in commerce. See the “SPECIMEN 

FOR USE-BASED APPLICATIONS” section on page 19.

What is the difference between the “date of first use anywhere” and the “date of 

first use in commerce”?

The date of first use anywhere is the date on which the goods were first sold or transported or the 

services were first provided under the mark even if that use was only local. The date of first use in 

commerce is the date on which the goods were first sold or transported or the services were first 

provided under the mark between more than one state or U.S. territory, or in commerce between 
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BASIC FACTS ABOUT TRADEMARKS

the U.S. and another country. The date of first use anywhere must be the same as or earlier than the 

date of first use in commerce.

What is an “intent-to-use” basis? 

If you have not yet used the mark but plan to do so in the future, you may file based on a good faith 

or bona fide intent to use the mark in commerce. A bona fide intent to use the mark is more than 

an idea and less than market ready. For example, having a business plan, creating sample products, 

or performing other initial business activities may reflect a bona fide intent to use the mark.

Is there any other possible filing basis?

Yes. Based on international agreements/treaties, an owner may file an application in the U.S. based 

on a foreign application/registration issued by another country (a “Section 44” application). Also, 

a foreign owner may file an international application in its home country and request an extension 

of protection to the U.S. (a “Section 66(a)” application). See Trademark Manual of Examining 

Procedure (TMEP) Chapters 1000 and 1900 for more information.

How do I protect my mark outside the United States?

A USPTO registration is effective only in the U.S., even though the goods/services are assigned 

an “international” classification number. If after filing a U.S. application you want to protect 

your mark outside the U.S., you may file an international application or file directly in that 

country. For more information about protecting your mark under the Madrid Protocol, see 

http://www.uspto.gov/trademarks/law/madrid.

SPECIMEN FOR USE-BASED APPLICATIONS 

What is a “specimen” of use and how does it differ from the “drawing”? 

A specimen is a sample of how you actually use the mark in commerce on your goods or with your 

services. A specimen is not the same as the drawing. The drawing shows only your mark, whereas 

a specimen shows the mark as your purchasers encounter it in the marketplace (e.g., on the labels 

or on your website). 

What is a proper specimen for use of a mark on goods (products)?

Usually, a specimen for a mark used on goods shows the mark as it appears on the actual goods, or 

on labeling or packaging for the goods. For example, your specimen may be a tag or label displaying 

the mark, or a photograph showing the mark on the goods or its packaging. The specimen may not 

be a “mock-up” of these items but must be a sample of what you actually use or a photograph of the 

actual packaging. Showing a display of the mark alone is not sufficient; the specimen must show 

the mark on or in direct connection with the goods. 
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UNITED STATES PATENT AND TRADEMARK OFFICE

A specimen that shows the mark being used in a purely ornamental or decorative manner may 

not be an acceptable specimen. A slogan or a design across the front of a t-shirt or other clothing 

or a tote bag, for example, would not be acceptable, since it is likely to be perceived as ornamental 

or decorative rather than a trademark. However, a small word or design, such as a small animal 

on a shirt pocket, may create the commercial impression of a trademark and be acceptable as 

a specimen. 

Acceptable Specimen Not Acceptable Specimen

Is my website a proper specimen for goods?

A website is an acceptable specimen if the mark appears near a picture of the goods (or a text 

description of the goods) and your customers can order the goods from the website. A website 

that merely advertises the goods is not acceptable. You must provide an actual screenshot of the 

website; i.e., merely providing the website address is not acceptable.

What is NOT a proper specimen for goods?

Invoices, announcements, order forms, leaflets, brochures, publicity releases, letterhead, and 

business cards generally are not acceptable specimens for goods. 

What is a proper specimen for use of a mark with services? 

A specimen for a mark used in connection with services must show the mark used in providing 

or advertising the services. For example, your specimen may be a photograph of a business sign, 

a brochure about the services, an advertisement for the services, a website or webpage, a business 

card, or stationery showing the mark. The specimen must show or contain some reference to the 

services, that is, it is not just a display of the mark itself. 

For example, if the mark sought to be registered is

“T.MARKEY” for retail stores featuring men’s 

sportswear, a specimen that only shows the 

wording “T.MARKEY” and no other matter 

would not be acceptable, but a specimen 

that shows the wording “T.MARKEY“ on a 

clothing store sign would be acceptable, as 

shown on the right.
23

BASIC FACTS ABOUT TRADEMARKS

What is NOT a proper specimen for services?

Printer’s proofs for advertisements or news articles about your services are not acceptable because 

they do not show your use of the mark.

When do I file the specimen?

If your application is based on “use in commerce,” you must submit one specimen for each class 

of goods/services when you file the application.

If your application is based on “intent to use,” you must submit one specimen for each class of 

goods/services when you file the “allegation of use.” The allegation of use may be filed prior 

to publication (Amendment to Allege Use) or after publication (Statement of Use). For more 

information on the Allegation of Use see the “HOW TO ESTABLISH USE OF THE MARK FOR 

AN INTENT-TO-USE APPLICATION” section on page 24. 

How do I file the specimen? 

When filing electronically, you must attach an image of your specimen in .jpg or .pdf format. To 

show the context in which the mark is used, the image should include as much of the label or 

advertisement as possible. In rare instances, your specimen might consist of an audio or video 

file; please see TMEP Section 904.03(f) for further information about submitting these types 

of specimens. 

If you are not able to file by the preferred electronic method and are filing a paper application, 

Amendment to Allege Use, or Statement of Use, the specimen must be flat and no larger than 81⁄2 

by 11 inches (e.g., a label or photograph of the packaging). However, you may submit compact 

discs, or DVDs, with files in .jpg, .pdf, .wav, .wma, .wmv, .mp3, .mpg, or .avi format.

SIGNATURE 

Who may sign the application?

If you own the mark and are applying in your individual capacity and not as a business entity, you 

may sign the application. If a business entity owns the mark, then the person who may sign the 

application on behalf of that business is (1) someone with firsthand knowledge of the application 

contents and authority to act for the owner or (2) someone with legal authority to bind the owner 

such as a general partner or a corporate officer. If the applicant is represented by an attorney, the 

attorney may sign the application on behalf of the applicant. 

Please note different requirements exist for who may sign other types of documents that applicants 

must file with the USPTO regarding their application. All documents, including the application, 

are legal documents; accordingly, the proper person must sign each document for the USPTO to 

accept it.
24

UNITED STATES PATENT AND TRADEMARK OFFICE

How do I sign an electronic application? 

In an electronic application, you enter an electronic signature on the form by typing your signature, 

which consists of any alpha and/or numeric combination of your own choosing, between two 

forward slashes. Examples of acceptable signatures include /john doe/, /jd/, or /d123/. It is not 

permissible for one person to enter another person’s signature.

WHAT HAPPENS AFTER FILING AND WHAT TO DO

What must I do after I file the application? 

You must diligently monitor the status of your application. This means you must:

• Check the status of your pending application regularly. We recommend that you check your 

application’s status every 3 to 4 months. The assigned examining attorney will review your 

application approximately 3 months after the filing date. The overall registration process may 

take up to a year, or even longer, depending on several factors; for example, the basis of filing 

of the application and the completeness of the application at the time of filing. For a general 

process timeline for an application filed under the Section 1(b), intent to use, basis, see page 28. 

For process timelines for applications filed under different bases, as well as post-registration 

process timelines, go to http://www.uspto.gov/trademarks/process/tm_timeline.jsp.

• Respond to any issued Office action or notice within the appropriate timeframes, generally 

within 6 months of the issue date.

• Promptly contact the USPTO and request corrective action if you believe something is incorrect 

in the file.

How do I check the status? 

You may check the status of any pending application through the Trademark Status and Document 

Retrieval (TSDR) system, at http://tsdr.uspto.gov. You must have your serial number available (a 

serial number is an 8-digit number that generally begins with 76, 77, 79, or 85). If you do not have 

access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 to request 

a status check.

When you check your application status, make sure that you have received all communications sent 

to you by the USPTO, made a note of any deadlines, and have taken appropriate action. Also, print 

a copy of the TSDR status page for your records.

LEGAL AND PROCEDURAL REVIEW OF APPLICATION 

Approximately 3 months from the date your application is filed, the application is assigned to an 

examining attorney to determine whether federal law permits registration. The examining attorney 
25

BASIC FACTS ABOUT TRADEMARKS

will examine the written application, the drawing, and any specimen, to ensure that they satisfy all 

of the federal legal requirements. Federal registration of trademarks is governed by the Trademark 

Act of 1946, 15 U.S.C. §1051 et seq., and the Trademark Rules of Practice, 37 C.F.R. Part 2. 

The examining attorney may issue a letter (Office action) explaining any reasons for refusing 

registration or other requirements. If you receive an Office action, you must submit a response 

within 6 months of the issue date of the Office action. Your filing fee will not be refunded if the 

application is refused registration.

PUBLICATION FOR OPPOSITION 

If no refusals or additional requirements are identified or if all identified issues have been resolved, 

the examining attorney will approve the mark for publication in the Official Gazette (OG), a weekly 

online publication. The USPTO will send you a Notice of Publication stating the publication date.

If you have authorized e-mail communication, the USPTO will e-mail you a “Notification of 

‘Notice of Publication’” approximately 3 weeks before the future publication date in the OG. On 

the actual publication date, you will receive a second e-mail, namely, “Official Gazette Publication 

Confirmation” with a link to the OG. If you have not authorized e-mail communication with the 

USPTO, the USPTO will mail you approximately 3 weeks before publication a paper “Notice of 

Publication” stating the publication date.

WHAT HAPPENS AFTER PUBLICATION?

After publication in the OG, there is a 30-day period in which the public may object to the 

registration of the mark by filing an opposition. An opposition is similar to a court proceeding, but 

is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal. A third 

party who is considering filing an opposition may first file a request for an extension of time to file 

the opposition, which could delay further action on your application. 

The next step after publication depends on your basis for filing the application: 

REGISTRATION CERTIFICATE ISSUES FOR “USE-IN-COMMERCE” 

APPLICATION

If no opposition or extension of time to oppose is filed or if you successfully overcome an opposition, 

you do not need to take any action for the application to enter the next stage of the process. Absent 

any opposition-related filings, the USPTO generally will issue a registration certificate about 11 

weeks after publication, if the application is based upon the actual use of the mark in commerce 

(Section 1(a)) or on a foreign or international registration (Section 44(e) or Section 66(a)).
26

UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF ALLOWANCE (NOA) ISSUES FOR “INTENT-TO-USE” 

APPLICATION

If no opposition or extension of time to oppose is filed or you successfully overcome an opposition, 

you do not need to take any action for the application to enter the next stage of the process. 

Absent any opposition-related filings, the USPTO generally will issue a NOA about 8 weeks 

after publication.

A NOA indicates that your mark has been allowed, but does not mean that it has registered. As the 

next step to registration, within 6 months of the issue date of the NOA you must:

• Submit a “Statement of Use” if you filed based on intent to use (Section 1(b)) and are now using 

the mark in commerce;

• Begin using the mark in commerce and then submit a “Statement of Use;” or

• Submit a six-month “Request for an Extension of Time to File a Statement of Use” if you need 

additional time to begin using the mark in commerce. 

Forms for filing both the Statement of Use and Extension of Time are at http://www.uspto.gov/teas. 

HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TOUSE” APPLICATION

Notice of Allowance (NOA) Has Already Issued

If a NOA has already issued, you establish use by filing a Statement of Use (SOU) form that contains 

a sworn statement that you are now using the mark in commerce on all the goods/services. If you 

wish to file an SOU before the mark is in use in commerce on all listed goods/services, you must 

delete or divide out the goods/services for which the mark is not in use. For more on division of an 

application, please see TMEP Sections 1110 et seq.

The SOU must also include:

• A filing fee per class of goods or services;

• The date of first use of the mark anywhere and the date of first use of the mark in commerce; 

and

• One specimen (or example) showing how you use the mark in commerce for each class of 

goods/services.

Once the USPTO issues the NOA, you have 6 months to file the SOU. The 6-month period runs 

from the issue date shown on the NOA, not the date you receive it. If you have not used the mark in 

commerce, you must file a Request for an Extension of Time to File a Statement of Use (Extension 
27

BASIC FACTS ABOUT TRADEMARKS

Request) before the end of the 6-month period, or the application will be declared abandoned, 

meaning that the application process has ended and your mark will not register. You may request 

5 additional extensions for up to a total of 36 months from the NOA issue date, with a statement 

of your ongoing efforts to make use of the mark in commerce. A filing fee per class of goods or 

services must accompany each Extension Request. The form for filing the Extension Request is at 

http://www.uspto.gov/teas. The date of the grant or denial of an Extension Request does not affect 

the deadline for filing the SOU or next Extension Request. The deadline is always calculated from 

the issue date of the NOA.

For current fees, see the Trademark Fee Information page at http://www.uspto.gov/trademarks/

tm_fee_info.jsp or contact the Trademark Assistance Center (TrademarkAssistanceCenter@uspto.

gov or 1-800-786-9199).

Notice of Allowance (NOA) Has Not Yet Issued

If the NOA has not yet issued and the application has not yet been approved for publication, you 

may file an Amendment to Allege Use, which includes the same information as the SOU (see above). 

You may not file the Amendment to Allege Use during the “blackout period” after approval of the 

mark for publication and before issuance of the NOA. In that situation, you must wait until after 

the blackout period to file your SOU.

MAINTAINING A FEDERAL TRADEMARK REGISTRATION 

To maintain your trademark registration, you must file your first maintenance document between 

the 5th and 6th year after the registration date and other maintenance documents thereafter. Your 

registration certificate contains important information on maintaining your federal registration. 

If the documents are not timely filed, your registration will be cancelled and cannot be revived or 

reinstated, making the filing of a brand new application to begin the overall process again necessary. 

Forms for filing the maintenance documents are at http://www.uspto.gov/teas.

Throughout the life of the registration, you must police and enforce your rights. While the USPTO 

will prevent another pending application for a similar mark used on related goods or in connection 

with related services from proceeding to registration based on a finding of likelihood of confusion, 

the USPTO will not engage in any separate policing or enforcement activities.

Rights in a federally registered trademark can last indefinitely if you continue to use the mark 

and file all necessary maintenance documents with the required fee(s) at the appropriate times, as 

identified below. The necessary documents for maintaining a trademark registration are: 

• Declaration of Continued Use or Excusable Nonuse under Section 8 (§8 declaration); and 

• Combined Declaration of Continued Use and Application for Renewal under Sections 8 and 9 

(combined §§8 and 9).
28

UNITED STATES PATENT AND TRADEMARK OFFICE

A §8 declaration is due before the end of the 6-year period after the registration date or within 

the 6-month grace period thereafter. Failure to file this declaration will result in the cancellation 

of the registration.

A combined §§8 and 9 must be filed before the end of every 10-year period after the registration 

date or within the 6-month grace period thereafter. Failure to make these required filings will result 

in cancellation and/or expiration of the registration.

For further information, including information regarding the special requirements that apply to 

Madrid Protocol registrations, use the Popular Link “Maintain or Renew Registrations” on the left 

side of the Trademarks Home page (http://www.uspto.gov/trademarks) or contact the Trademark 

Assistance Center (TAC) (TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).

FEES FOR FILING TRADEMARK-RELATED DOCUMENTS

For current fees, see the Trademark Fee Information page at http://www.uspto.gov/trademarks/

tm_fee_info.jsp or contact the Trademark Assistance Center (TrademarkAssistanceCenter@uspto.

gov or 1-800-786-9199).

Fees almost always are based on the total number of International Classes that 

the USPTO assigns to your goods/services. For a listing of the International 

Classes, see the “International Schedule of Classes of Goods and Services,” at 

http://www.uspto.gov/trademarks/notices/international.jsp.
29

BASIC FACTS ABOUT TRADEMARKS

FOR MORE INFORMATION 

• USPTO website at http://www.uspto.gov/trademarks, Trademark Basics 

For instructional videos, application processing timelines, frequently asked questions (FAQs), and 

other useful information.

• Trademark Assistance Center (TAC) TrademarkAssistanceCenter@uspto.gov 

or 1-800-786-9199

For general trademark information and printed application forms 

• Patent and Trademark Resource Centers

Patent and Trademark Resource Centers (PTRCs) are a nationwide network of public, state, 

and academic libraries that disseminate patent and trademark information and support the 

diverse intellectual property needs of the public. The PTRCs have trained specialists who 

may answer specific questions regarding the trademark process, but they do not provide legal 

advice. More information on PTRCs, including a list of the PTRC(s) in your state, is available at 

http://www.uspto.gov.
30

UNITED STATES PATENT AND TRADEMARK OFFICE

1. Application Filed

2. USPTO Reviews Application

3a. USPTO Publishes Mark 3b. USPTO Issues Letter (Office Action)

4a. Applicant Timely Responds

5a. USPTO Publishes Mark

7a. USPTO Publishes Mark

8. Notice of Allowance is Issued

5b. USPTO Issues Final Letter (Office Action)

12a. SOU is Approved and Mark Registers

APPROX.

3 MONTHS

APPROX.

1 MONTHS

APPROX.

2 MONTHS

APPROX.

6 MONTHS

APPROX.

1-2 MONTHS

APPROX.

2 MONTHS

APPROX.

2 MONTHS

WITHIN

6 MONTHS

WITHIN

6 MONTHS

BETWEEN

5-6 YEARS

EVERY

10 YEARS

OR

OR

OR

6a. Applicant Timely Responds 

/ Files Appeal

APPROX.

1-2 MONTHS

OR 6b. Applicant Does Not 

Respond and Application 

ABANDONS

4b. Applicant Does Not 

Respond and Application 

ABANDONS

OR

9b. Applicant Timely Files 

Statement of Use (SOU)

11. USPTO Reviews SOU

9a. Applicant Files 

Extension Request

10. Applicant Timely Files 

SOU after Requesting Extension

APPROX.

1 MONTH

APPROX.

1 MONTH

BEFORE 

END OF 

30 MONTHS

OR OR 9c. Applicant Does Not Timely 

File SOU or Extension Request and 

Application ABANDONS

OR

AND

12b. USPTO Issues Letter (Office Action)

13. Owner Files Section 8 Declaration 14. Owner Files Section 8 Declaration / Section 9 Renewal

SECTION 1(B) TIMELINE: 

APPLICATION BASED ON 

“INTENT-TO-USE”

This timeline does not cover every application scenario. If you 

find that you are well outside of the listed timeframes, call your 

assigned examining attorney or the Trademark Assistance Center 

(TAC) at 571.272.9250.

7b. Applicant’s Appeal Sent to TTAB
31

BASIC FACTS ABOUT TRADEMARKS

Step 1. Application filed: The filed application is assigned a serial number. This number 

should always be referenced when communicating with the USPTO. The applicant can check 

the status of any application throughout the entire process by entering the application serial 

number at http://tsdr.uspto.gov/ or by calling the trademark status line at 571-272-5400. Approximately 3 months go to step 1. 

Step 2. USPTO reviews application: If the minimum filing requirements are met, the 

application is assigned to an examining attorney. The examining attorney conducts a review of 

the application to determine whether federal law permits registration. Filing fee(s) will not be 

refunded, even if the application is later refused registration on legal grounds. Approximately 1 

month go to step 3a or step 3b. 

Step 3a. USPTO publishes mark: If no refusals or additional requirements are identified, 

the examining attorney approves the mark for publication in the Official Gazette (OG). The 

OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a 

registration. Approximately 1 month after approval, the mark will publish in the OG for a 

30-day opposition period. Any party who believes it would be harmed by the registration may 

file an objection (opposition) within that 30-day period with the Trademark Trial and Appeal 

Board. No further action is taken until the opposition is resolved. Approximately 2 months go 

to step 8. 

Step 3b. USPTO issues letter (Office action): If refusals or requirements must still 

be satisfied, the examining attorney assigned to the application issues a letter (Office action) 

stating the refusals/requirements. Within 6 months of the issuance date of the Office action, 

the applicant must submit a response that addresses each refusal and requirement. Within 6 

months go to step 4a or step 4b. 

Step 4a. Applicant timely responds: In order to avoid abandonment of the application, 

the applicant must submit a timely response addressing each refusal and/or requirement stated 

in the Office action. The examining attorney will review the submitted response to determine 

if all refusals and/or requirements have been satisfied. Approximately 1 to 2 months go to step 

5a or step 5b. 

Step 4b. Applicant does not respond and application abandons: If the applicant 

does not respond within 6 months from the date the Office action was issued, the application is 

abandoned. The term “abandoned” means that the application process has ended and the trademark will not register. Filing fees are NOT refunded when applications abandon. Abandoned 

applications are “dead,” since they are no longer pending or under consideration for approval. 

To continue the application process, the applicant must file a petition to revive the application 

within 2 months of the abandonment date. If more than 2 months after the abandonment date, 

the petition will be denied as untimely and the applicant must file a new application with the 

appropriate fee(s). 

Step 5a. USPTO publishes mark: If the applicant’s response overcomes the refusals and/

or satisfies all requirements, the examining attorney approves the mark for publication in the 

Official Gazette (OG). The OG, a weekly online publication, gives notice to the public that the 

USPTO plans to issue a registration. Approximately 1 month after approval, the mark will 

publish in the OG for a 30-day opposition period. Any party who believes it would be harmed 

by the registration may file an objection (opposition) within that 30-day period with the 

Trademark Trial and Appeal Board. No further action is taken until the opposition is resolved. 

Approximately 2 months go to step 8. 

Step 5b. USPTO issues final letter (Office action): If the applicant’s response fails 

to overcome the refusals and/or satisfy the outstanding requirements, the examining attorney 

will issue a “Final” refusal letter (Office action). The Office action makes “final” any remaining 

refusals or requirements. An applicant may respond to a final office action by a) overcoming 

the refusals and complying with the requirements or b) appealing to the Trademark Trial and 

Appeal Board. Within 6 months go to step 6a or step 6b. 

Step 6a. Applicant timely responds and/or files appeal: To avoid abandonment 

of the application, the applicant must submit a timely response addressing each refusal and/

or requirement stated in the “Final” refusal letter (Office action). Alternatively, or in addition 

to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial 

and Appeal Board (TTAB). The examining attorney will review the submitted response to 

determine if all refusals and/or requirements have been satisfied. If the applicant\’s response 

fails to overcome the refusals and/or satisfy the outstanding requirements, the application will 

be abandoned unless the applicant has filed a Notice of Appeal, in which case the application is 

forwarded to the TTAB. The term “abandoned” means that the application process has ended 

and the trademark will not register. Filing fees are not refunded when applications abandon. 

Abandoned applications are “dead,” since they are no longer pending or under consideration 

for approval. Approximately 1 o 2 months go to step 7a or step 7b. 

Step 6b. Applicant does not respond and application abandons: If the applicant 

does not respond within 6 months from the date the Office action was issued and the applicant 

has not filed a Notice of Appeal to the Trademark Trial and Appeal Board, the application is 

abandoned. The term “abandoned” means that the application process has ended and the trademark will not register. Filing fees are not refunded when applications abandon. Abandoned 

applications are “dead,” since they are no longer pending or under consideration for approval. 

To continue the application process, the applicant must file a petition to revive the application 

within 2 months of the abandonment date, with the appropriate fee. If more than 2 months 

after the abandonment date, the petition will be denied as untimely and the applicant must file 

a new application with the appropriate fee(s). 

Step 7a. USPTO publishes mark: If the applicant’s response overcomes the refusals and/

or satisfies all requirements of the “Final” refusal letter (Office action), the examining attorney 

approves the mark for publication in the Official Gazette (OG). The OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a registration. Approximately 

1 month after approval, the mark will publish in the OG for a 30-day opposition period. Any 

party who believes it would be harmed by the registration may file an objection (opposition) 

within that 30-day period with the Trademark Trial and Appeal Board. No further action is 

taken until the opposition is resolved. Approximately 2 months go to step 8. 

Step 7b. Applicant’s appeal sent to TTAB: If the applicant’s response does not overcome the refusals and/or satisfy all of the requirements and the applicant has filed a Notice of 

Appeal with the Trademark Trial and Appeal Board (TTAB), the appeal will be forwarded to 

the TTAB. Information about the TTAB can be found at www.uspto.gov.

Step 8. Notice of Allowance (NOA) is issued: A NOA is issued to the applicant within 

2 months after the mark is published in the Official Gazette (OG). The NOA is not a registration, but indicates that the mark will be allowed to register after an acceptable Statement of 

Use (SOU) is filed. The deadline for filing an SOU or request for extension of time (extension 

request) to file an SOU is calculated from the date the NOA issued. If the applicant does not file 

an SOU or extension request within 6 months of the date the NOA issued, the application will 

abandon. Within 6 months go to step 9a or step 9b or step 9c. 

Step 9a. Applicant files extension request: If the applicant is not using the mark in 

commerce on all of the goods/services listed in the NOA, the applicant must file an extension 

request and the required fee(s) to avoid abandonment. Because extension requests are granted 

in 6 month increments, applicant must continue to file extension requests every 6 months. A 

total of 5 extension requests may be filed. The first extension request must be filed within 6 

months of the issuance date of the NOA and subsequent requests before the expiration of a 

previously granted extension. Before the end of 30 months go to step 10. 

Step 9b. Applicant timely files Statement of Use (SOU): If the applicant is using the 

mark in commerce on all of the goods/services listed in the NOA, the applicant must submit an 

SOU and the required fee(s) within 6 months from the date the NOA issued to avoid abandonment. Applicant cannot withdraw the SOU; however, the applicant may file one extension 

request with the SOU to provide more time to overcome deficiencies in the SOU. No further 

extension requests may be filed. Approximately 1 month go to step 11. 

Step 9c. Applicant does not timely file SOU or extension request: application 

abandons: If the applicant does not file an SOU or extension request within 6 months from the 

date the Notice of Allowance issued, the application is abandoned (no longer pending/under 

consideration for approval). To continue the application process, the applicant must file a petition to revive the application within 2 months of the abandonment date.

Step 10. Applicant timely files SOU after requesting extensions: If the applicant 

is using the mark in commerce on all the goods/services listed in the NOA, the applicant 

must submit an SOU and the required fee(s) within 6 months from the previous extension to 

avoid abandonment. Applicant cannot withdraw the SOU; however, the applicant may file one 

extension request with the SOU to provide more time to overcome deficiencies in the SOU. No 

further extension requests may be filed. Go to step 11. 

Step 11. USPTO reviews SOU: If the minimum filing requirements are met, the SOU is 

forwarded to the examining attorney. The examining attorney conducts a review of the SOU to 

determine whether federal law permits registration. The applicant cannot withdraw the SOU 

and the filing fee(s) will not be refunded, even if the application is later refused registration on 

legal grounds. Approximately 1 month go to step 12a or step 12b. 

Step 12a. SOU is approved and mark registers: If no refusals or additional requirements are identified, the examining attorney approves the SOU. Within approximately 2 

months after the SOU is approved, the USPTO issues a registration. To keep the registration 

“live,” the registrant must file specific maintenance documents. Between 5 to 6 years go to step 

13 and every 10 years go to step 14. 

Step 12b. USPTO issues letter (Office action): If refusals or requirements must still be 

satisfied, the examining attorney assigned to the application issues a letter (Office action) stating the refusals/requirements. This is the same process that occurs prior to publication of the 

mark if the examining attorney determines that legal requirements must be met. The process 

and timeframes remain the same, except that if issues are ultimately resolved and the SOU is 

approved, the USPTO issues a registration within approximately 2 months. If all issues are not 

resolved, the application will abandon.

Step 13. Registration owner files Section 8 declaration: Before the end of the sixyear period after the registration date, or within the six-month grace period after the expiration 

of the sixth year, the registration owner must file a Declaration of Use or Excusable Nonuse 

under Section 8. Failure to file this declaration will result in the cancellation of the registration.

Step 14. Registration owner files Section 8 declaration / Section 9 renewal:

Within one year before the end of every 10-year period after the registration date, or within the 

six-month grace period thereafter, the registration owner must file a Combined Declaration 

of Use or Excusable Nonuse/Application for Renewal under Sections 8 and 9. Failure to make 

these required filings will result in cancellation and/or expiration of the registration.
United States Patent and Trademark Office

An Agency of the United States 

Department of Commerce

Printed in 2015