Preparing and filing a trademark application with the United States Patent and Trademark Office is not a simple task. Like most governmental agencies, the Trademark Office has many rules and regulations that must be followed in the filing process.  If a trademark owner does not carefully follow these requirements, chances are that his/her trademark application will either be rejected for being incomplete or die an administrative death further down road.  The following is what you will need to successfully prepare and file your trademark application:

  • Name and address of Applicant
  • State of formation (if a corporation or LLC)
  • Basis for Use  (intent to use in commerce or based on use)
  • description of goods or services on which the mark is to be used
  • date of first use (if a use-based application)
  • specimens of use (marketing or promotional materials if a use-based application)
  • submission of a trademark “drawing” (either block letters or design mark)
  • Signature
  • Appointment of counsel to communicate with the USPTO
  • Payment of governmental filing fee

The above information is the minimum of what you or your attorney will need to do and know in order to successfully register and use a trademark in commerce in association with your company’s products or services.  In planning a trademark strategy, make sure that you speak with an experienced trademark attorney in your area.