STARTING THE
PROCESS
Before you file an application, you should do the following:
- Review Where Do I
Start information for new filers.
-
Search mark in the USPTO database for possible conflicting
registered and/or pending marks that would prevent registration of
your mark. For more information on searching visit http://www.uspto.gov/go/ptdl/tmsearch.html.
Consider whether you should hire an attorney or search firm to
assist you in this process.
- Consult a private trademark attorney if you have any
questions regarding the adoption or use of a trademark. The USPTO
cannot recommend individual attorneys.
- Preview all pages of the initial Trademark/Service mark
application to determine what information you will need to provide
once you begin the actual form, by clicking here.
- Check Current Server
Status and Planned Outages to find out when the online forms
may be unavailable for use due to system maintenance (look for
posting referencing an outage of "The Trademark Electronic
Application System (TEAS)").
- Study trademark legal resources presented at www.uspto.gov, including the Trademark Manual of Examining
Procedure (TMEP) and the Trademark Acceptable
Identification of Goods and Services Manual (ID
Manual).
- Review the timeline
for trademark processing, to understand what to expect in the
overall process and when.
WARNINGS
- Once you file an application, you will NOT receive a refund if
ultimately the USPTO does not issue you a registration for your
mark.
- You may receive important communications from the USPTO. If via
regular mail, they will have an official USPTO seal. If via email,
they will always come from an address including "@uspto.gov."
Ensure that emails are NOT treated as spam. Also, if your emails
address changes, you must update the USPTO records with the new
address. You should monitor
the status of your application at least every 5 months after
any filing to avoid missing any critical filing deadlines
- You may receive solicitations from companies and/or law firms
that are NOT associated with the USPTO that will offer monitoring
services and/or other assistance regarding the registration of your
mark. For more information, click here.
- You are responsible for enforcing your rights if you receive a
registration, because the USPTO does not "police" the use of marks.
While the USPTO attempts to ensure that no other party receives a
federal registration for a similar mark used on related
goods/services, the owner of a registration is responsible for
bringing any legal action to stop a party from using an infringing
mark.