How to register a trademark with USPTO in 2021— Part 1

Submitting Trademark application via TEAS with USPTO

TL;DR

Do you want to register your name or your logo, or both? Of course, you can register a phrase or an image. Cases may vary significantly. In this article, we are covering how to register a trademark for a business name.

It will take less than 1 hour to apply, $250 per class. Use ™ sign when your application is pending. Use ® sign once USPTO confirms the registration of the trademark. Apply here.

Trademark Application Confirmation from USPTO

Motivation

In the US you can incorporate on a state level, like you would do in Delaware, for example. However it doesn’t bring any protection to your name, and somebody else can literally register the EXACT SAME company name in California. Registering a trademark will give you protection on a federal level, and it is intended to defend your trademark. Moreover, intellectual property like a trademark can become a valuable asset to your business.

This article aims to show step-by-step instructions on how to submit your trademark application. This article covers only filing the application with The United States Patent and Trademark Office (USPTO). For registering in other countries, you might want to check World Intellectual Property Organization (WIPO) and follow the Madrid agreement.

Pre-requirements

Define what is your trademark (words, marks, sound). A combination of a logo and words is the most common one.
Define your trademark’s class(es). The trademark classification system outlines all goods and services into 45 trademark classes: 34 for goods and 11 for services. Start at the TMEP section on the USPTO website.
Define your design, start here
Watch USPTO Trademark Videos 101 ~80 minutes
Figure out the section you will use to apply for a trademark. Most likely section 1(a) is what you’re looking for. See section types below:

Section 1(a): You are currently using your trademark in commerce with your goods and/or services.
Section 1(b): You have a bona fide intention to use your trademark in commerce with your goods and/or services in the near future.
Section 44(d): You own an earlier-filed foreign application that was filed within six months of your U.S. application for the same trademark and the same goods and/or services.
Section 44(e): You own a foreign registration of the same trademark for the same goods and/or services from your country of origin.
Section 66(a): Your application is based on a filing under the Madrid Protocol, a filing treaty that ensures protection of trademarks in multiple countries.

– from USPTO timelines

Questions to ask yourself

Are you ready to conduct a trademark search by yourself? You’ll likely need to find any similar uses of your marks for your industry but also for other similar industries. Find any similar trademarks that can sound or look related. Most people opt to pay others to this type of search. However, doing it yourself or with the help from a lawyer won’t prevent USPTO from declining your application, or asking to clarify any outstanding issues (office actions).
How many classes do you need to register for? This heavily depends on the nature of your business: are you registering a service mark or a trademark for your product? Remember that depending on the method of your application each class will cost you at least $250 each.
Do you want to register your name or your logo, or both? Of course, you can register a phrase or an image. Cases may vary significantly. In this article, we are covering how to register a trademark for a business name.
If you are based outside the US, you will need to appoint an attorney as primary contact for your application.

Timeline

If you are applying based on section 1(a), application on the use of your trademark in commerce, you’re looking at a range from 7 months and 19 months.

Cost

You can still apply using regular mail, but most of the applications are submitted online using a system called Trademark Electronic Application System (TEAS).

With TEAS Standard you’d be able to give a more precise definition of your class description of services or product and it will cost you $350 per class. While with TEAS Plus you’ll be limited with a default definition of each class, and it will cost you $100 less, bringing it down to $250 per class.