The LegalZoom trademark service makes it easy to apply for federal trademark protection. The following is a step-by-step description of our trademark application process.
- Complete our easy online questionnaire.
- Send us an image of your name and logo mark.
If your trademark is a design or logo, you will need to send us a sample of the mark. If your trademark is currently being used in commerce, we will need a sample showing proof of its use.
- We'll conduct a trademark search.
We conduct a trademark search for possible conflicts with existing marks. You can select a free, limited federal search or a comprehensive search. If you believe a conflict exists, you can choose to modify your application, proceed as planned, or cancel your application before filing (fee for trademark searches will not be refunded).
- Create your trademark application.
Through our LegalZip® software, you'll create your trademark application and we'll email it to you for your electronic signature.
- We file your application.
After you sign the application, we file the application and supporting materials with the U.S. Patent and Trademark Office (USPTO). The USPTO will assign a serial number to your registration and email you a confirmation.
- The USPTO reviews your application.
After your appplication is filed, the USPTO will review it and determine whether your mark may be registered. If the examining attorney determines the mark cannot be registered, he or she will issue an Office Action listing grounds for the refusal, and provide instructions if you decide to argue against the refusal. The examining attorney may also send you an Office Action if any corrections to your application are required. You must respond to any Office Actions within six months of the letter's mailing date to avoid your application being deemed "abandoned."
- The USPTO approves your mark for publication.
If there are no objections from your examiner, or if you overcome all objections, the examining attorney will approve your mark for publication in the Official Gazette. The USPTO will send you a Notice of Publication indicating the publication date. (In the case of two or more applications for similar marks, the USPTO will publish the application with the earliest effective filing date first and suspend action on the others). Your mark will be open to oppositions from third parties for 30 days. If you receive no opposition, or overcome any opposition, your mark will be registered.
- You receive a registration certificate or Notice of Allowance from the USPTO.
- If your application was based on using your mark in commerce, the USPTO will register the mark and issue a registration certificate about 12 weeks after the mark's publication date.
- If the mark was applied for based on your intent to use the mark in commerce, the USPTO will issue a Notice of Allowance about 12 weeks after the mark's publication date. You have six months from the date of the Notice of Allowance to either (1) use the mark in commerce and submit a Statement of Use and specimen, or (2) request a six-month Extension to File a Statement of Use. If the Statement of Use is filed and approved, the USPTO will then issue the registration certificate.