There are many things to consider when applying for a trademark, and getting started can feel daunting. Our Trademark FAQs Guide walks you through the full process, but here we’ll focus on the key steps to help you understand how trademark applications work and what to expect along the way.
Before Applying for a Trademark
When you’re ready to apply for a trademark (or “mark”), there are a few things to take into account. Working with an experienced trademark attorney can make this stage much simpler, helping you avoid costly mistakes later in the process.
What kind of trademark do you need?
First, you must decide what type of trademark you want to apply for. There are two main types: standard character marks and special form marks.
Standard character marks include any word, phrase, or symbol that can be represented in standard letters (for example, a company name or slogan).
Special form marks include more distinctive elements such as logos, stylized text, or designs.
A trademark attorney can help determine which type best fits your situation and make sure your application covers the correct form of protection.
What class of trademark do you need?
Next, you’ll need to choose the class or classes your mark falls under. The USPTO divides trademarks into 45 different classes, each covering specific types of goods or services. For example, Class 9 covers electrical and scientific products, while Class 25 covers clothing
Identifying all the relevant classes for your goods or services, with the help of an attorney, ensures your protection is as complete as possible.
Applying for the Trademark
Once you’ve chosen your mark type and classes, the next step is to begin the application process by filing with the United States Patent and Trademark Office (USPTO).
Your application must include:
A completed application form
The filing fee
A specimen showing how the trademark is being used
A specimen is simply an example of your trademark in use, such as on product packaging, your website, or advertising materials.
Because small details can have a big impact, many applicants choose to have a trademark attorney prepare and file the application. This helps ensure accuracy, reduces the likelihood of rejection, and streamlines the process overall.
After You’ve Applied
After submission, the USPTO will review your application to ensure it meets all requirements. During this review period, your attorney will promptly respond to any USPTO office actions (formal requests for clarification) and represent you if an opposition is filed. If approved, your trademark will be published in the Official Gazette, a public notice that allows others to object.
Anyone who opposes your mark has 30 days to file a formal opposition. If no one objects, or if the opposition is denied, your trademark will proceed to registration. Once the USPTO issues your official registration certificate, you can begin using the ® symbol.
Congratulations! At that point, you are the official owner of a registered trademark.
Maintaining Your Trademark
Owning a trademark also means maintaining it over time.
File renewals and declarations: Between the 5th and 6th year after registration, you must file a declaration confirming that the mark is still in use. Renewals are then required every 10 years to keep it active. If you’re working with a trademark attorney, they can notify you in advance and handle the filings on your behalf.
Monitor for infringement: The USPTO does not police trademark use. It’s up to you to monitor the marketplace and take action if others use your mark without permission. Learn more about trademark infringement.
Keep it distinctive: A trademark can be lost if it’s no longer used or if it becomes a “generic” term—like what happened with escalator and aspirin.
Ready to Protect Your Brand with a Trademark?
The team at Larson & Larson can guide you through every step of the trademark process, from filing to long-term protection. Contact us today to get started.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
