How to Apply For trademark Registration

You can apply for trademark online by clicking here. There are a few important things to pay attention to when applying for a trademark.

Identification of the Goods and/or Services
When submitting an application for registration of a U.S. trademark, you must indicate what kinds of goods and/or services the trademark applies to. Use clear and concise terms specifying the actual goods and services by their common commercial names. A mark can only be registered for specific goods and services. The goods and services listed will establish the scope of the applicant's rights in the relevant trademark.

Use language that would be readily understandable to the general public. For example, if the applicant uses or intends to use the mark to identify "candy", "baseballs and baseball hats", "travel magazines", or "dry cleaning services" the identification should clearly and concisely list each such item. If the applicant uses indefinite terms, such as "accessories", "components", "devices", "equipment", "food", "parts", "systems", "products", or the like, then those words must be followed by the word "namely" and the goods or services listed by their common commercial name(s).

Basis of Filing
When applying for a trademark the applicant must declare whether the mark is currently in use in commerce or the applicant has a bona fide intention to use the mark in commerce. If the applicant has already started to use the mark in commerce prior to filing application for federal trademark, then the applicant must choose "use-in-commerce" and provide the dates of "First Use Anywhere" and "First Use in Commerce". The terms First Use Anywhere, as it implies, means the date of the applicant’s first use of the mark anywhere on or in connection with the goods or services. First Use in Commerce refers to the initial date that the applicant began using the mark in all commerce that the U.S. Congress lawfully regulates; for example, interstate commerce or commerce between the U.S. and another country.

When applying for a federal trademark, you must also submit at least one actual sample of how you use the mark in commerce. This sample(s) is referred to as a specimen. The purpose of the specimen is to provide a context for your application. The PTO will use the specimen to determine whether you are actually using a trademark or service mark in commerce in direct association with the goods/services you described in the application. Care should be used in selecting the appropriate specimen for the application. The key is to provide a specimen that is consistent with your application and drawing page. It should include all the elements of the mark shown on the drawing and should eliminate (or attempt to minimize) any other extraneous matter.

You must submit one (1) specimen for each class of goods/services you identify in your application. For example, if you have selected two (2) classes, you should include two (2) specimens. The specimens may be identical, but are not required to be. As a general rule, if your application includes a range of goods or services in a class, your specimens do not need to show each and every item in that group.

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