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- 1). Search the Trademark Electronic Search System database to determine if a trademark for your company name has already been claimed. This free database is available via the U.S. Patent and Trademark Office website (see Resources).
- 2). Check the status of any conflicting marks using the Trademarks Application and Registrations Retrieval database. Use the serial number or registration number of the mark in question.
- 3). Create a description of the good or service for the intended use of the mark. Provide specific identification of the nature of the good or service to complete the trademark application. The USPTO created the Acceptable Identification of Goods and Services Manual for examples of acceptable identification.
- 4). File the trademark application using the TEAS-Trademark Electronic Application System. Include a clear representation of the mark you are registering. Your registration certificate displays this representation. Use standard character format for words and letters. Use stylized format for marks containing a design element.
- 5). Pay the fee, and obtain your serial number. As of May 2010, the fee was $325. Individuals submitting their application electronically receive an email with a summary and their serial number. Include the serial number on all correspondence with the USPTO.
- 6). Wait for your application to be reviewed by the attorney. The attorney review process is lengthy and may take several months for results to be issued. The USPTO attorney sends a letter advising of the reason for refusal or any corrections that need to be made, if applicable. You will be given six months to resolve the corrections.
- 7). Wait for your notification of publication. Approved applications are published in the Official Gazette. The USPTO mails a letter to the applicant informing her of the date of publication. Conflicting parties have 30 days from the publication date to object to the trademark registration. After that time, the registration is processed, and a certificate is issued. Trademarks opposed by a conflicting party will have a hearing before the Trademark Trial & Appeal Board. The Appeal Board resolves the issue based on the facts that are presented.
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