Why and how to register a trademark and keep it
As of April 25, 2026, the base application fee to apply to register a trademark with the USPTO electronically is $350.00 per class. These fees are in addition to the fee an attorney charges for his services. Filing fees change from time to time, and there may be additional fees associated with an application in […]
As of April 25, 2026 the filing fee for a paper application to register a trademark with the USPTO is $850.00 per class. This is in addition to any fees an attorney charges for his services. Filing fees change from time to time. Check the USPTO website for current fees.
What is the filing fee for a paper application to register a trademark? Read More »
A specimen of use is a real-life sample showing how the mark is being used in commerce as a trademark. It might include a photograph of a product tag or a screenshot of a web page where a service is being sold. It cannot be a mock-up, digitally-altered image, artist’s rendering, etc. A specimen of
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The essential elements of a federal trademark application are: Completed application form; Specimen of use; and Filing fee. Depending on the circumstances, additional information or documents may be needed. For example, if you are applying to register a trademark in a foreign word or phrase, you must file an English translation of it. If your
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A Statement of Use and an Amendment to Allege Use accomplish the same objective: notifying the USPTO that an intent-to-use applicant is now in compliance with the “use in commerce” requirement for a valid trademark. The difference is in when the filing occurs. An Amendment to Allege Use can only be filed between the date
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An intent-to-use trademark applicant must file a Statement of Use or Amendment to Allege Use within six (6) months of the mailing date of the Notice of Allowance. If more time is needed, a six-month extension may be requested. Up to 5 consecutive 6-month extensions may be requested. This means that the absolute maximum amount
Trademark applications may be based on either use or intent to use. A trademark application must indicate whether the application is based on use of the mark in commerce or intent to use the mark in commerce. A use-based application must include a specimen of use. A specimen of use does not need to be
Yes. Although a registration certificate will not be issued until the trademark is in use in commerce, an application to register one with the USPTO may be filed before use begins. An application to register a trademark with the USPTO may be based on either use or intent to use the trademark in commerce. That
Can I apply to register a trademark before I start to use it? Read More »
The primary benefits of federal registration of a trademark (registration with the USPTO) are: Presumptively exclusive right to use the mark anywhere in the United States; Presumption of validity of the trademark; Presumption of the registrant’s exclusive right to use the trademark in connection with specified classes of goods and services; Public notice of an
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No. Registering a trademark is optional, not mandatory. In the United States, a trademark arises from use, not registration, so it is possible to own a valid trademark without registering it. Until a trademark is registered, it is called a “common law ” trademark. A common law trademark may be enforced in court without registering
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