Trademark Application Filing

A big part of doing good business is protecting the reputation of your products and services, and a registered trademark is a great form of protection. Filing a federal trademark application can safeguard your business name, logo, and slogan, helping customers recognize and trust your brand.

Many business owners consider handling the trademark filing process themselves to save money. While filing a trademark application may seem straightforward, even the smallest mistakes can lead to delays, additional costs, or rejection. So, understanding the trademark application process—and knowing when professional guidance can help—can make the difference between a smooth registration and a frustrating experience.

At Misra Trademark Counsel, our team has decades of experience and gives top-notch service to businesses and entrepreneurs. We can help you take the best steps to protect your business and celebrate reaching new goals.

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What Goes into Filing a Trademark Application?

Before we discuss what the trademark application process includes, we should note a major change to it. In the past, applicants submitted their applications through the Trademark Electronic Application System (TEAS), but that system no longer exists. TEAS applications were retired in January 2025, and applicants must now use the USPTO Trademark Center to file.

Now, if you are wondering how to file a trademark application, speaking with an experienced attorney can help you identify the best steps for your unique needs. However, a trademark filing with the United States Patent and Trademark Office (USPTO) follows these general steps.

1. Conduct a Comprehensive Trademark Search

Before filing, search existing federal trademark registrations and pending applications using the USPTO’s Trademark Search system. The goal is to determine whether there is another mark that is already registered or pending that could create a likelihood of confusion about the source of your goods. Marks that present a likelihood of confusion get rejected.

A basic search may uncover obvious conflicts, but miss less obvious ones that can also disqualify your mark. Our experienced trademark attorneys know how to conduct broader searches that include important variations and relevant product descriptions, helping you refine your application and avoid rejection.

2. Determine Your Filing Basis

You have to show the USPTO why you have the right (the basis) to register your trademark. Many small businesses file under one of the following:

Use in commerce. You may have a right to register the trademark if you are already using it in commerce and can prove that use upfront.
Intent to use. You may register if you have a true intention to use the trademark in commerce at the time of your application, and you file a Statement of Use or Amendment to Allege Use, showing your actual use of the mark in commerce before registration.
Prior foreign registration or application. Past attempts to register your trademark outside of the U.S. could give you priority for registration with the USPTO.

Each basis may require different proof of what you have done with your mark so far. We can help you identify the right filing basis and evidence for a strong application.

3. Prepare the Trademark Application

In general, an application must include:

Your name and the address of your domicile,
Your legal entity,
Your citizenship and the citizenship of every other applicant involved,
Information about where your business was legally formed,
Your filing basis,
Verified statements about your basis for filing,
Information about the classes of goods and services associated with the mark, and
Information about your trademark attorney.

Accuracy matters. Even seemingly minor errors may require amendments or result in refusal.

4. Pay the Trademark Application Fee

The USPTO requires payment to submit an application. Fees can vary, but the current base application fee for each class of goods is $350.

Without careful planning, you may have to pay far more than $350 to successfully register your mark. Additional fees can pile up quickly, and may include:

$100 fee to address insufficient information in your application,
$200 fee to provide a custom description to identify your goods instead of using the Trademark ID Manual,
$200 fee to provide a custom description of your goods that exceeds 1,000 words,
$150 fee to provide a Statement of Use regarding your use of the mark in commerce, and
$150 fee to extend your deadline for responding to Office Actions or submitting certain paperwork.

In many cases, you must pay separate fees for each class of goods, which can have an intense financial impact. An experienced trademark attorney can help develop an efficient strategy for filing to keep your costs to a minimum.

5. Respond to USPTO Communications

After filing, a USPTO examining attorney reviews your application. The examining attorney may:

Approve the application,
Reject the application, or
Issue an Office Action that requests clarification or additional information.

The deadline for responding to an Office Action may vary depending on the type of Office Action you receive.

Office Actions typically require you to respond within three months of the Office Action issue date (or six months if you receive an extension). However, filers who receive an Office Action from the Intent-to-Use unit normally have only 30 days to respond. Failure to respond by the applicable deadline can result in abandonment of your application. That’s why talking to us right away can help you effectively respond on time.

6. Watch for Publication and Registration

If approved, the Trademark Official Gazette will publish your application. During the publication period, third parties typically have 30 days to oppose your registration. If no opposition is filed and all other requirements are satisfied, the USPTO may register your mark.

Why Do Trademark Applications Get Denied?

Many trademark applications receive Office Actions or refusals because of avoidable mistakes made during filing. Some common reasons for denial include:

- Likelihood of confusion. The USPTO may refuse registration if your mark is too similar to an existing registered or pending trademark for related goods or services.
- Merely descriptive mark. A mark that merely describes the goods or services often cannot be registered without evidence of distinctiveness.
- Improper specimen. The USPTO can deny your application if the trademark use specimen submitted doesn’t properly show how your trademark works as a source identifier in actual commerce.
- Incorrectly identified goods or services. Product or service descriptions that are overly broad, inaccurate, or improperly classified may trigger Office Actions or additional fees.
- Incorrect owner information. Naming the wrong owner at the time of filing can create significant problems that may require you to reapply.
- Incomplete information. Missing required information or filing under the wrong basis can delay examination or result in abandonment.

Consulting an experienced lawyer before filing can help you avoid these potential problems and save money.

How Can an Attorney Help with My Trademark Filing?

Many business owners wonder whether hiring a trademark attorney is worth the investment. For many, the answer is yes.

A trademark attorney does much more than complete paperwork. An experienced attorney can:

Evaluate whether your mark is likely to qualify for registration,
Conduct a more comprehensive trademark search,
Identify potential conflicts before filing,
Recommend the strongest filing strategy,
Properly classify goods and services,
Prepare an accurate application,
Respond to Office Actions,
Advise you if someone opposes your mark, and
Help develop a long-term trademark protection strategy.

For businesses and applicants located outside the United States, having legal representation in the U.S. is required.

We Can Show You How to File a Trademark Application the Right Way

Your trademark represents your reputation, your investment, and the future of your business. Working with an experienced trademark attorney can help you protect your trademark and your brand from the very beginning.

At Misra Trademark Counsel, we have over 20 years of experience and help entrepreneurs, startups, and growing businesses navigate every stage of the trademark application process. We tailor solutions to your unique needs and help keep the process enjoyable and affordable. Contact us today online or by phone to discuss your trademark strategy.

Frequently Asked Questions

What Are the Steps to Filing a Trademark Application?

Generally, applying includes conducting a trademark search, identifying your filing basis, completing the application, paying the filing fee, responding to USPTO communications, and monitoring publication and registration.

What Is the USPTO Filing Fee for a Trademark Application in 2026?

Currently, the USPTO charges a base trademark application fee of $350 per class, but you may have to pay additional fees depending on your circumstances.

Can an Attorney File a Trademark Application on My Behalf If I Live Outside the U.S.?

Yes.

What Are the Most Common Mistakes Small Business Owners Make When Filing a Trademark?

Some of the most frequent mistakes include skipping a comprehensive trademark search, choosing a descriptive or difficult-to-protect mark, filing under the wrong owner, selecting incorrect goods or services, and missing USPTO response deadlines.

What Is the Difference Between a TEAS Plus and a TEAS Standard Trademark Application?

Although many online articles still discuss initial TEAS Plus and TEAS Standard applications, the USPTO eliminated both options when it launched the Trademark Center in January 2025.

Before that change, TEAS Plus offered a lower filing fee but required applicants to satisfy stricter filing requirements. TEAS Standard provided greater flexibility but charged a higher filing fee.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process: