Identifying the proper “Basis” for filing a trademark application

The proper “structure” for filing must be specified by a trademark application, most likely either a current use of the mark in commerce or an intention to use the mark in the coming years. Recognizing the difference between these filing bases and the implications of selecting one, before starting the application process, are important considerations.

Filing a Trademark application

You must must file your trademark application online using the Trademark Electronic Application System (TEAS), with limited exceptions. Review the TEAS tutorial or watch short videos explaining how to fill out the application.

Paying required fees

What the appropriate filing fee for your application will be especially based on three distinct factors. Understanding these variables is essential, as it can affect how you may wish to proceed. Be aware also that the filing fee is a processing fee that will not be refunded by the USPTO, even if you do not ultimately receive a registration for your mark. View trademark fee information. 

Monitoring status of your application

You are responsible for monitoring your application ‘s progress using the  Trademark Status and Document Retrieval (TSDR) system. After initial filing of the application, you must check the status of your application at least every 3-6 months, as otherwise you may miss a filing deadline. Please check the additional checking status information to make sure you understand this important step in the overall registration process.

Protecting your rights

If you receive a registration, you are responsible for enforcing your rights, because the USPTO does not “police” trademark use. While the USPTO attempts to ensure that no other party receives a federal registration for an identical or similar mark for or as applied to related goods / services, it is the responsibility of the registrant to bring any legal action to stop a party from using an infringing mark. 

Trademark fee information

The complete trademark fee chart (“fee schedule”) is accessed by clicking on the button immediately below:

All Trademark Fees

Note: Almost all trademark fees for any part of the process are calculated on a per class basis for all listed goods and/or services, which will make overall fees higher if goods/services fall in more than one class.

Initial application fee for electronic filing

Option 1: TEAS Plus	Option 2: TEAS Standard
$225 per class of goods/services	$275 per class of goods/services

The cost of attaining a trademark varies depending upon the filing basis selected, and which initial application form is used. Each of these filing options have specific requirements that impact the fee amount. There are certain factors used to calculate the filing fee for an initial application, and you should be familiar with these factors before accessing the new application forms:

1. Number of marks: Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee
2. Number of classes: You must pay for each class of goods and/or services in the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 and t-shirts in Class 25, then a filing fee for two classes is required before the application could be approved.
3. Application filing option selected: TEAS Plus and TEAS Standard

Possible additional fees for intent-to-use applications

1. Requesting extension of time to show use of mark (if not part of initial application): $125 per class; and/or
2. Showing use (if not part of initial application): $100 per class.

Note: A more detailed overview of Trademark fees is also available.

After mark registers

1. Filing Affidavit of Use after 5 Years (§8 affidavit): $125 per class (if filed before the grace period); and
2. Filing Affidavit of Use and Application for Renewal every 10 years (Combined §§8 affidavit and 9 renewal): $425 per class.

Note: Additional fees will be required if filing within the grace period. A more detailed explanation of maintenance filing requirements is available.

Possible additional fees for intent-to-use applications

1. Requesting extension of time to show use of mark (if not part of initial application): $125 per class; and/or
2. Showing use (if not part of initial application): $100 per class.

Note: A more detailed overview of Trademark fees is also available.

After mark registers

1. Filing Affidavit of Use after 5 Years (§8 affidavit): $125 per class (if filed before the grace period); and
2. Filing Affidavit of Use and Application for Renewal every 10 years (Combined §§8 affidavit and 9 renewal): $425 per class.

Note: Additional fees will be required if filing within the grace period. A more detailed explanation of maintenance filing requirements is available.

Methods of payment

TEAS and TEASi have been enhanced to allow for payments via a new online fee payment management tool, Financial Manager. Once you complete your order in TEAS or TEASi, you’ll have the option to “Pay as a guest” or “Sign in” using your uspto.gov account credentials. View an introduction to Financial Manager to help you get started. If you need assistance using Financial Manager, please contact the USPTO help desk at 1-800-786-9199 and selection option 3, then option 4. You may also send an email to FeesHelp@uspto.gov.

Financial Manager offers you three easy to establish, easy to manage methods of online payment:

• Credit Cards accepted are VISA®, MasterCard®, Discover®, and American Express®. All TEAS forms accept credit card payment. 
• USPTO Deposit Accounts are pre-paid fund reserves that customers can establish to pay fees to the USPTO. For more information, please review the Deposit Account Rules and Information page. Instructions on how to replenish deposit accounts are available on the Deposit Account Replenishment Options page.
• Electronic Funds Transfer (EFTs) make it easy to pay fees to the USPTO directly from your U.S. bank account. For more information, please review the Electronic Funds Transfer page.

Alternative method of payment:

• Credit Cards accepted are VISA®, MasterCard®, Discover®, and American Express®. To pay by credit card when not using TEAS, you must submit a Credit Card Payment Form.

We do not accept cash payments. 

Foreign funds not accepted: All fees must be in U.S. dollars. For additional information on payments, review the Fees and payment page and the Fees and payment FAQs. The USPTO encourages paying fees online using the forms available on the Trademark Electronic Application System (TEAS).

Refunds generally unavailable

Fees paid are generally not refunded by the USPTO. Registration is not automatic and requires legal review by an examining attorney. Please take all necessary steps to ensure your mark is entitled to receive a trademark registration before filing an application. For example, it is important to take steps such as consulting the USPTO Manual of Acceptable Goods and Services (ID Manual) and searching the USPTO database before beginning the application.  For more. Information on the USPTO refund policy, see TMEP Section 405.04.

Timelines for the trademark application and post-registration process

These timelines show the steps and time frames for processing a trademark application and maintaining a trademark registration. 

Applying to register your trademark with the USPTO begins a legal process. During this process, you must meet legal requirements and deadlines, and you must pay all required fees. Not all applied-for trademarks register.

If your trademark registers, you must meet additional legal requirements, pay required fees, and meet statutory deadlines to maintain your registration and keep it active.

Which timeline applies to your situation?

Your timeline depends on the filing basis you select in your application. The filing bases under different sections of the Trademark Act are listed below. Click on a filing basis to see its timeline.

If you are applying for a trademark

• Section 1(a): You are currently using your trademark in commerce with your goods and/or services.
• Section 1(b): You have a bona fide intention to use your trademark in commerce with your goods and/or services in the near future.
• Section 44(d): You own an earlier-filed foreign application that was filed within six months of your U.S. application for the same trademark and the same goods and/or services. 
• Section 44(e): You own a foreign registration of the same trademark for the same goods and/or services from your country of origin.
• Section 66(a):Your application is based on a filing under the Madrid Protocol, a filing treaty that ensures protection of trademarks in multiple countries.

If you want to keep your registered trademark active

• Post-registration timeline for all filing bases except Section 66(a)
• Post-registration timeline for Section 66(a)

About Trademark Infringement

What is trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

What will happen if someone sues me for trademark infringement

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court.

If the trademark owner is able to prove infringement, available remedies may include the following:

• a court order (injunction) that the defendant stop using the accused mark;
• an order requiring the destruction or forfeiture of infringing articles;
• monetary relief, including defendant’s profits, any damages sustained by the plaintiff, and the costs of the action; and
• an order that the defendant, in certain cases, pay the plaintiffs’ attorneys’ fees.

Conversely, a court may find instead that (1) you are not infringing the trademark, (2) a defense bars the plaintiff’s claim(s), or (3) other reasons exist why the trademark owner is not entitled to prevail.

For more information, click here.