Filing a Federal Trademark Application FAQ

Questions:

• How does a trademark qualify for federal registration?
• How do I apply for federal trademark registration?
• What types of trademarks are ineligible for federal registration?
• If the USPTO decides that a mark is eligible for federal registration, what happens next?
• What are the benefits of having a trademark on the USPTO's Principal Register?
• How long does federal trademark registration last?
• Can a business register its trademark at the state level?

Answer:

How do I apply for federal trademark registration?

You can file your trademark application online at the U.S. Patent and Trademark Office (USPTO) website by using either: (1) the Trademark Electronic Application System (TEAS) at a cost of $325 per class or (2) an abbreviated application system known as TEAS PLUS at a cost of $275 per class. (You can also mail in a paper application form at a cost of $375 per class.)

For most trademark applicants, registration is a relatively straightforward process. When completing the application, you need to:

• describe your trademark or service mark (often referred to as "marks," for short)
• state when it was first used
• describe the products or services on which the mark will be used, and
• suggest the classification under which the mark should be registered (there are approximately 40 classifications for goods and services; the online help provided by the USPTO can help you figure out which classification is right for your mark).

In addition, your application must be accompanied by:

• a "drawing" of your mark (for word marks, simply type the word; for graphic marks, you can include a photo file of graphic images)
• samples of how your proposed mark is being used, and
• the registration fee currently $275 per class if using TEAS PLUS, or $325 per class if using TEAS.

Nolo can also file a trademark application on your behalf. Nolo's online interactive program gathers all the information needed to create your trademark filing, with practical help at each step. When the filing is complete, Nolo will send you a summary and confirmation of the filing with the USPTO, along with three important contracts that will help you protect your trademark, and a guide to maintaining your trademark rights. For more information or to get started now, see Nolo's Online Trademark Application.