How to File Your Own Trademark Application

Speaker

• Attorney Elizabeth Potts Weinstein

Overview

• This session covers the step-by-step process for filing a trademark application with the United States Patent and Trademark Office (USPTO) via their website uspto.gov.
• Assumes preparatory steps have been completed; if not, a separate playlist provides detailed instructions.

Filing Process

1. Accessing the USPTO Website

   • Go to uspto.gov.
   • Navigate to "Trademarks" and select "Apply Online."
   • Various forms available; choose the initial application form for first-time filings.

2. Types of Applications

   • TEAS Plus vs. Standard
     • TEAS Plus: Less expensive, must select from a list of classes; recommended for ease and cost.
     • Standard: Custom classes or descriptions; used when no applicable class or for foreign applications.
     • Additional statements required for Plus, such as personal name or geographic references.

3. Starting the Application Process

   • Create or log into a USPTO account.
   • Follow dynamic application steps; save session to avoid inactivity logout.

4. Owner of the Trademark

   • Determine the owner (individual or entity like LLC or corporation).
   • Enter appropriate entity type and address information.
   • Provide both mailing and physical location addresses.

5. Application Details

   • Enter trademark name.
   • Choose mark type (standard, special form like logos, or sound marks).
   • Define goods and services class; use database to add class and field.

6. Basis of Filing

   • In Use: Trademark already in commerce.
   • Intent to Use: Plan to use trademark in commerce later.
   • Provide a specimen showing the trademark in commercial use, such as a website screenshot.

7. Specimen Submission

   • Submit proof of commercial use, including date of first sale.
   • Ensure specimen description and formatting meet requirements.

8. Correspondence and Fees

   • Enter email addresses for correspondence.
   • Confirm number of classes and associated fees ($250 per class).

9. Declaration and Signature

   • Declare truth of information under penalty of perjury.
   • Sign electronically with initials, name, and position.

10. Final Review and Submission

    • Review all application details.
    • Pay and submit the application using a credit card.

11. Post-Submission

    • Receive a receipt with the application’s serial number.
    • Await USPTO action (approval or office action) after months.
    • Regularly check the status of the application.

Conclusion

• Questions are encouraged and can be asked for further guidance.
• Encourages subscription for more legal tips for small businesses.