The following is an edited transcript of our video Trademark Application Expert Tips.

Five trademark application tips

  1. If saving money is a consideration, think about applying only for your core goods and services. There is an additional fee for each class that is applied for at the USPTO, so think about the goods or services that you mainly offer and apply for those.
  2. To be eligible for trademark protection, goods and services must be in use in commerce (not necessarily at the start of the application process). Make sure that the goods or services you apply for are actually those you are using or intend to use with the trademark.
  3. Know the differences between two different types of trademark applications:
    1. 1(a): use in commerce, which means you have your business up and running. You’re using the trademark in connection with whatever goods or services you plan on applying for.
    2. 1(b): intent to use, which means you might have an idea for a name and you know what goods or services you plan to use the mark for, but they’re not in use yet.
  4. Do not delay. Once you have all the information you need for your application, you have your name picked out, you know what goods and services you want to apply for, don’t hesitate, because the date that you apply is the date that you get your spot in line with the name that you apply for. If anyone comes after you and applies for the same or a similar name, you have priority.
  5. Be patient. There is a backlog at the USPTO, so the process can take over a year in some instances. But remember, the most important thing is once you have everything you need, file your application so you get that filing date date.

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