- 1). Search the trademark databases to ensure that your mark is not already registered. The USPTO provides three ways a person can search its records. You can search on the website using the Trademark Electronic Search System (TESS). You can also go to the Public Search Facility in Alexandria, Virginia, or to a nearby Patent and Trademark Depository Library (PTDL). You can find your closest PTDL on the USPTO website.
You can search the TESS database by description, goods and services, design class or owner name. Make sure to note the serial number of any potential conflicting marks. - 2). Check the status of any potential conflicting marks. You can perform a search using the Trademark Applications and Registrations Retrieval to find any conflicting mark’s status. Enter the serial number into the form and select "Submit." The mark assigned to that number will appear, including the trademark representation.
- 3). Draft a description of goods or services that the mark is used in conjunction with. You need to write a description of your mark, what the mark is used to represent and the goods and/or services that the mark identifies. Trademarks that are going to be used in commerce must already be in use prior to filing your application. The USPTO provides the Acceptable Identification of Goods & Services manual to assist in drafting your description to USPTO specifications.
- 4). Create your trademark representation. There are two types of representations. The first is the standard character format used for words, letters, numbers and/or any combination. The second is a stylized format used for logos or trademarks that contain a design element. For trademarks already in use, attach a copy of the trademark being used. An example would be a design on a brochure, flier, or letterhead.
- 5). Compile all the information needed to complete the trademark application. This includes the applicant name, address, citizenship status and business entity structure, if applicable. If the entity structure is a partnership, the names and addresses of each partner must be included. You need to give an email address and the class of trademark you are filing. You can find your trademark class in the Acceptable Identification of Goods & Services manual.
- 6). File your trademark application and pay the fee. As of 2010, the fee is $325. You can file your application using the Trademark Electronic Application System (TEAS) on the USPTO website. When filing using TEAS, you pay by credit card or electronic funds transfer prior to your application submission. Attach a copy of your trademark representation in JPG format to your application. Applications filed online are assigned a serial number immediately to check your application status. You can also request a paper form by calling 800-786-9199. The fee for paper forms is $375. Paper forms take approximately two to three weeks to receive a serial number.
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