USPTO trademark filing guide

General guidance only. USPTO fees, forms, and requirements change periodically. Confirm current fees and requirements at uspto.gov, and have a trademark attorney handle your actual filing to reduce the risk of costly errors. See our full disclaimer.

USPTO filing guide

Your recommended filing approach

Get a trademark attorney to handle your filing

A trademark attorney selects the correct filing basis, drafts an accurate goods/services description, and responds to any office actions - errors in a self-filed application are difficult and sometimes impossible to correct after submission.

What is a "filing basis" and why does it matter?

Every US trademark application must specify a filing basis - the legal ground for the application. The 2 most common bases for domestic applicants are "use in commerce" (Section 1(a)), for marks already being used to sell goods or services, and "intent to use" (Section 1(b)), for marks you plan to use but haven't launched yet.

Filing under the wrong basis, or providing inadequate evidence of use for a use-based application, is a common source of office actions requiring correction. If you're unsure whether your use qualifies as genuine "use in commerce" (which has specific legal requirements beyond simply having a website or business card), consulting an attorney before filing prevents this common error. Confirm your registrability first with the trademark screener before proceeding with a filing basis decision.

What's the difference between TEAS Plus and TEAS Standard applications?

The USPTO's online filing system offers 2 main application options with different fee levels and requirements. TEAS Plus generally has a lower filing fee but requires selecting goods and services descriptions from the USPTO's pre-approved identification list and committing to certain requirements upfront (like electronic communication). TEAS Standard offers more flexibility to customize your goods/services description but costs more per class.

For straightforward applications where your goods or services closely match the USPTO's standard descriptions, TEAS Plus is often more cost-effective. More unique or specialized goods/services descriptions that don't fit the pre-approved list may require TEAS Standard, or a customized description within TEAS Plus formatting.

Why does selecting the right trademark class matter?

The USPTO organizes goods and services into 45 different international classes, and your application fee is charged per class. Registering in the wrong class, or failing to register in all the classes relevant to your actual business, can leave gaps in your protection - someone could register a similar mark in a class you didn't cover, for a related but not identical product line.

Businesses planning to expand into related product or service categories should consider whether to register in additional classes upfront, weighing the additional cost against the protection gained, since adding classes later requires a new application rather than simply amending the existing one. Our trademark screener and business entity selector cover related early-stage business protection steps.

Frequently asked questions

A specimen is actual evidence showing the mark being used in commerce in connection with the specific goods or services listed - for goods, this typically means product packaging, labels, or tags showing the mark; for services, it's often marketing materials, a website screenshot, or signage showing the mark used in connection with the actual service offered. A common rejection reason is submitting an unacceptable specimen (like a mockup rather than an actual product, or a specimen that only shows the mark used as a business name rather than in connection with the specific goods/services claimed) - understanding what counts as an acceptable specimen before filing prevents this frequent office action.

An office action is a formal letter from the examining attorney identifying issues with your application that must be resolved before it can proceed - ranging from minor technical corrections to substantive refusals (like a likelihood of confusion with an existing mark, or a determination that your mark is merely descriptive). You typically have 3 months to respond (extendable to 6 months for an additional fee), and failing to respond within the deadline results in the application being abandoned. Substantive office actions often benefit significantly from attorney assistance, since crafting an effective legal argument against a refusal requires understanding trademark examination standards and relevant case law.

After an application clears examination, it's published in the USPTO's Official Gazette for a 30-day period during which any third party who believes they would be harmed by the registration can file an opposition. Most applications proceed through this period without any opposition, but if one is filed, it initiates a proceeding before the Trademark Trial and Appeal Board that functions similarly to litigation, with discovery, briefing, and potentially a hearing - a process that can take a year or more to resolve and typically requires attorney representation.

Yes - federal trademark registrations require periodic maintenance filings to remain valid. Between the 5th and 6th year after registration, you must file a Declaration of Use (and often incontestability status) confirming continued use. Between the 9th and 10th year, and every 10 years thereafter, you must file a combined Declaration of Use and Application for Renewal. Missing these deadlines results in cancellation of the registration, which is a surprisingly common and entirely avoidable way trademark owners lose their registered rights - calendar these deadlines carefully or use a trademark watch/maintenance service.

While the USPTO allows self-filing (and actually requires foreign-domiciled applicants to use a US-licensed attorney, though this requirement doesn't apply to most US-based applicants), self-filing carries meaningful risk given how technical trademark law can be - an improperly drafted goods/services description, wrong filing basis, or inadequate specimen can result in unnecessary office actions, delays, or even a rejected application that forfeits the filing fee. Given that attorney fees for a straightforward application are often modest relative to the cost of the business being protected, many business owners find the investment worthwhile, particularly for a mark central to their brand identity.