How to File a Trademark: Complete Application Guide

Before starting the application process, conduct a trademark search to ensure your mark is available.

Owner of the mark and contact information

Your trademark application must identify who owns the mark. If your business is a formal legal entity such as a corporation or LLC, the business name will be listed as the trademark owner. An individual can also own a trademark.

You'll need to provide the following contact information:

• Mailing address (required)
• Email address (optional but recommended)
• Fax number and other contact methods (optional)

Type of mark

Your application must specify one of three mark formats.

• Standard character format: Use this format to register words, letters, or numbers without any particular font or formatting. A standard character format trademark allows you to use your trademark in any style or design.
• Special character format: Use this format if your mark has a design element or particular stylized words, letters, or numbers that you want to protect. Examples might include a logo, a symbol or words in a particular font, color or typeface, such as Apple's apple symbol or Coca-Cola's unique typography.
• Sound mark: Use this format for audio branding elements. Examples include NBC's three-note chime, MGM's lion roar, and Intel's Pentium processor sequence.

A drawing and specimen

The trademark application asks for a drawing of your mark and a specimen of your mark.

Drawing

A drawing shows your mark by itself, without anything else around it or attached to a product. The format depends on your mark type.

• Standard character format: Submit typed letters, numbers, or punctuation
• Special character format: Submit a .jpg file showing your mark

Specimen

A specimen shows how you use the mark in connection with your goods or services.

For example, if you sell t-shirts, you might submit a picture of your label attached to one of your shirts. If you provide services, you can send a marketing brochure or advertising materials containing your mark.

If you use a sound to brand your products, you may include a video clip, such as the roaring MGM lion, that contains only your mark. Here are the technical requirements for audio/video specimens.

• Accepted formats: .wav, .wmv, .wma, .mp3, .mpg, or .avi
• Size limits: 5 MB for audio files, 30 MB for video clips

Identifying your goods or services

You must accurately identify the goods or services associated with your mark. If you make a mistake, you cannot change or add additional goods or services later. Only identify goods or services for which you are currently using your mark or actually plan to use it in the near future.

Here's the main difference between these two categories.

• Goods: Products that you sell
• Services: Activities that you perform for other people

Use the USPTO's Trademark Manual of Acceptable Identification of Goods and Services to find pre-approved descriptions. If you can find an accurate description in the manual, use it. Otherwise, you can describe your good or service in your own words.

Trademark filing basis 

You must choose one of four filing bases:

1. Use in commerce (Section 1(a)). Use this filing basis if you are already using your mark “in commerce,” meaning in connection with goods or services that you offer across state lines or internationally. You can still file for this type even if you only operate within one state.
2. Intent to use (Section 1(b)). Choose this filing basis if you plan to use your mark in commerce within the next three to four years. You will need to begin using the trademark and provide a specimen before it can be registered.
3. Foreign application exists for the same goods or services (Section 44(d)). Use this filing basis if you are registering a foreign application for the same trademark within six months of filing the U.S. application. 
4. Foreign registration exists for the same goods or services (Section 44(e)). Choose this if a foreign registration for the mark already exists in a defined treaty country. You must provide all relevant information in the U.S. application, including a copy of the foreign registration certificate.

Trademark application fees

According to the 2025 fee schedule, the filing fee for a trademark application is $350 per class of goods and/or services when filed electronically and $850 for paper applications.

The application fee is not refundable if your application is rejected. You may also be subject to additional fees for custom applications, excessively long applications, and providing insufficient information.

What happens after you file?

Your trademark application goes through several review stages. Here's an overview of what to expect after you file your application.

• Initial review (typically within 3 months): An examining attorney reviews your application for compliance and potential conflicts
• Office action response (if needed): If the attorney identifies issues, you'll receive an Office action requiring your response before the application can proceed
• Publication in the Trademark Official Gazette: Once issues are resolved, your mark appears in the weekly USPTO publication listing newly published marks
• Opposition period (30 days): Other trademark owners can formally oppose your application if they believe it infringes on their rights
• Registration: If no opposition is filed or if an opposition is unsuccessful, your mark is registered

The entire process typically takes several months to a few years, depending on whether you receive Office actions and whether anyone opposes your application.