US Trademarks

Trademark Application Checklist

The minimum requirements for a trademark application to obtain a filing date under 37 C.F.R. § 2.21(a) are:

  1. The name of the applicant;
  2. A name and address for correspondence;
  3. A clear drawing of the mark;
  4. A listing of the goods and/or services; and
  5. A filing fee for at least one class of goods or services.

Although a complete application must include other elements, providing the aforementioned five elements will ensure that the application will not be held informal and returned.

Pursuant to 37 C.F.R. § 2.22(a), a trademark/service mark application for registration on the Principal Register under § 1 and/or § 44 of the Act will be entitled to a reduced filing fee under 37 C.F.R. § 2.6(a)(1)(iii) if it is filed through TEAS and includes:

  1. The applicant’s name and address;
  2. The applicant’s legal entity;
  3. The citizenship of an individual applicant, or the state or country of incorporation or organization of a juristic applicant;
  4. If the applicant is a partnership, the names and citizenship of the applicant’s general partners;
  5. A name and address for correspondence;
  6. An e-mail address for correspondence, and an authorization for the USPTO to send correspondence concerning the application to the applicant or applicant’s attorney by e-mail;
  7. One or more bases for filing that satisfy all the requirements of 37 C.F.R. § 2.34. If more than one basis is set forth, the applicant must comply with the requirements of 37 C.F.R. § 2.34 for each asserted basis; see here 
  8. Correctly classified goods and/or services, with an identification of goods and/or services from the USPTO’s Acceptable Identification of Goods and Services Manual, available through the TEAS Plus form. In an application based on 37 C.F.R § 44, the scope of the goods and/or services covered by the 37 C.F.R § 44 basis may not exceed the scope of the goods and/or services in the foreign application or registration;
  9. If the application contains goods and/or services in more than one class, compliance with 37 C.F.R. § 2.86;
  10. A filing fee for each class of goods and/or services, as required by 37 C.F.R. § 2.6(a)(1)(iii);
  11. A verified statement that meets the requirements of 37 C.F.R. § 2.33, dated and signed by a person properly authorized to sign on behalf of the applicant pursuant to 37 C.F.R. § 2.33(a);
  12. A clear drawing of the mark. If the applicant does not claim standard characters, the applicant must attach a digitized image of the mark in .jpg format. If the mark includes color, the drawing must show the mark in color;
  13. If the mark is in standard characters, a mark comprised of only characters in the USPTO’s standard character set, currently available at www.uspto.gov, typed in the appropriate field of the TEAS Plus form;
  14. If the mark includes color, a statement naming the color(s) and describing where the color(s) appears on the mark, and a claim that the color(s) is a feature of the mark;
  15. If the mark is not in standard characters, a description of the mark;
  16. If the mark includes non-English wording, an English translation of that wording;
  17. If the mark includes non-Latin characters, a transliteration of those characters;
  18. If the mark includes an individual’s name or portrait, either (i) a statement that identifies the living individual whose name or likeness the mark comprises and written consent of the individual, or (ii) a statement that the name or portrait does not identify a living individual (see section 2(c) of the Act);
  19. If the applicant owns one or more registrations for the same mark, a claim of ownership of the registration(s) identified by the registration number(s), pursuant to 37 C.F.R. § 2.36; and
  20. If the application is a concurrent use application, compliance with 37 C.F.R. § 2.42 (i.e., when two or more parties use the same trademark, whereby each party is limited to a certain geographic area).