Preparing a U.S. trademark application involves gathering accurate information and, where required, supporting documents. The checklist changes depending on who owns the trademark, what it identifies, and the legal basis for filing.
This guide covers ordinary federal trademark and service mark applications filed directly with the United States Patent and Trademark Office (USPTO). Other countries, state registrations, and special categories such as certification marks have different requirements.
Start with the current application system
New direct USPTO applications are filed through Trademark Center. The former TEAS Plus and TEAS Standard initial-application options were replaced in January 2025. The person filing needs a USPTO.gov account with multifactor authentication and identity verification. If an attorney files for you, they use their own account. USPTO application guidance, attorney account guidance.
1 Identify the correct applicant
Gather the applicant's:
- Full legal name.
- Entity type, such as individual, LLC, or corporation.
- Citizenship for an individual, or state or country of organization for a legal entity.
- Domicile address, mailing address, and email address.
Some entities require additional details, such as the names and citizenship of general partners in a domestic partnership. USPTO base application requirements.
Identify the party legally entitled to apply, rather than automatically naming a founder, employee, or brand name. Filing in the wrong owner's name can create a defect that cannot be corrected simply by changing a field. USPTO ownership guidance.
Domicile means an individual's principal home or an entity's headquarters where senior executives ordinarily direct its activities. A mailbox or mail-forwarding address generally does not establish domicile. USPTO domicile guidance.
Foreign-domiciled applicants must have a U.S.-licensed attorney represent them before the USPTO. U.S.-domiciled applicants are not required to hire one. USPTO representation rules.
2 Prepare a clear representation of the trademark
The application identifies the specific mark you want to register through a “drawing.” For an ordinary word mark in standard characters, enter the wording without claiming a particular font, size, or color.
For a logo or stylized mark, prepare a clear image and a description of its elements. If claiming color as part of the mark, provide the corresponding color drawing, color claim, and explanation of where the colors appear.
Make this choice carefully. Material changes to the mark generally cannot be made after filing. USPTO drawing requirements.
3 List the goods and services accurately
Describe the actual products or services associated with the mark in clear, specific terms. For each item, confirm whether the mark is already used in commerce or whether you have a genuine intention to use it. A class number alone does not describe your offering. USPTO goods and services guidance.
Review suitable descriptions in the USPTO's ID Manual. Prepare this list before filing: you can generally narrow an identification later, but cannot broaden it to add products or services outside its original scope. USPTO correction rules.
4 Gather the evidence for your filing basis
Already using the mark Section 1(a)
You need actual use in qualifying commerce as of the filing date for every item claimed under this basis. Prepare an acceptable specimen for each class and the required verified use statements. USPTO filing bases.
Supply both the date of first use anywhere and the date of first use in commerce for each class, even when they are identical. Check records rather than guessing. If the dates do not apply to every item in a class, identify which items they cover. USPTO dates-of-use guidance.
Planning to use the mark Section 1(b)
An intent-to-use application requires a verified statement of a bona fide intention to use the mark. You do not submit a specimen or use dates initially. To register on this basis, you must later establish use through an appropriate allegation of use, with specimens, dates, and fees. Keep dated business-development records supporting your plans. USPTO intent-to-use guidance.
Relying on a foreign application or registration
For a Section 44(d) priority claim, gather the foreign application's country, number, and filing date. The U.S. priority claim generally must be made within six months of the qualifying foreign filing. Priority alone is not a registration basis.
For Section 44(e), prepare a copy of the qualifying registration for the same mark from your country of origin and an English translation signed by its translator if needed. The foreign registration must remain in force when the U.S. registration issues; include renewal evidence if necessary. The U.S. goods and services cannot exceed its scope, and a verified intention to use the mark is required. USPTO foreign-basis requirements.
Madrid Protocol requests for extension of protection under Section 66(a) follow a separate international route through WIPO. They are not ordinary direct Trademark Center applications. USPTO inbound Madrid guidance.
5 Choose a genuine specimen when required
A specimen shows how customers encounter your mark in actual commerce. It is different from the clean drawing identifying the mark.
- For goods, examples include photographs showing the mark on products, attached labels, or packaging. A qualifying online product display must include appropriate purchasing information.
- For services, examples include advertisements or website pages that directly associate the mark with services actually being provided.
- For webpage specimens, include the URL and the date accessed or printed.
Do not submit a mockup, digitally altered product image, or proposed packaging as evidence of actual use. The mark shown must match the application drawing, subject to the USPTO's matching requirements. USPTO specimen requirements.
Applications relying solely on Section 44(e) or 66(a) do not require specimens to obtain registration. Later maintenance filings require proof of use or an applicable excusable-nonuse claim. USPTO specimen exceptions, maintenance requirements.
6 Complete signatures, conditional statements, and payment
An authorized person must sign the required declaration and supply the signing date. Depending on the circumstances, that may be the individual applicant, a person authorized to bind a company, someone with firsthand knowledge and authority to act, or a qualified U.S. attorney. The signer must personally sign or enter their signature. USPTO verified-statement requirements.
Additional materials may include translations of non-English wording, transliterations of non-Latin characters, or consent and identifying statements when the mark includes a living individual's name or likeness. USPTO conditional requirements.
Budget for filing fees by class. Incomplete information and custom goods-and-services wording can trigger additional charges. Check the current fee rules before submitting. USPTO additional-fee guidance.
Frequently asked questions
Do I need a certificate of incorporation
It is not a standard attachment on the USPTO's base-application checklist. You do need accurate entity information. Formation records can help you verify that information before filing. USPTO application checklist.
Is a separate power of attorney always required
No. USPTO practice does not universally require a separately signed power of attorney to recognize qualified counsel. Representation and appointment requirements still need to be satisfied. USPTO representation manual.
Do I apply separately for the registration certificate
No separate certificate application is part of the ordinary registration process. Once registration issues, the USPTO provides an electronic certificate through Trademark Status and Document Retrieval (TSDR). You can download and print it for free. A certified copy is a separate document-ordering service. USPTO electronic certificates.
Does a complete checklist guarantee registration
No. The USPTO examines legal eligibility, including potential conflicts with existing registered marks. It may issue an office action requiring a response. Accurate paperwork helps the examination process but does not determine its outcome. USPTO examination guidance.
This article provides general information, not legal advice for a particular application.
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