USPTO Trademark Application

We’ll provide you with our Trademark information form for you to fill out. It should only take about three minutes.  This gives us the basic but very necessary information about your trademark. Usually we will follow up with a phone call to go over the information and make sure we understand everything, especially as relates to the goods and services in connection with which you’ll be using the trademark. And don’t worry—if you don’t like forms, you don’t need to fill it out. You can just call us up and we’ll take the necessary information over the phone.

Once we have obtained the information about your trademark, we’ll be ready to draft the filing order. The filing order sets forth what trademark you are applying to register, who is the owner of the trademark, what are the goods and services, and certain other information. The filing order is where we record everything that will be included in your new trademark application as it will be filed with the United States Patent and Trademark office. The filing order is valuable on two fronts. First, it focuses both you and us on the need to clearly define what the trademark is and what the goods and services are. This is critical in order to achieve successful registration of the trademark. Second, it’s a means to ensure that our understanding, as your lawyer, lines up with your understanding of the trademark. The filing order is how we make sure there is no miscommunication between us before the trademark application is filed. By putting all the information for the filing in writing, we can be sure we’re both on the same page.

Once it’s drafted, we’ll send the filing order to you for your review and approval. This is your opportunity to go over the information in the filing order to make sure nothing is missing, and all information about the trademark is accurate. It’s important that you read the filing order before you reply with your authorization to proceed. Don’t just glance over it and tell us everything is good. Remember this is your last chance to make any changes before the application is filed with the USPTO.  If you notice anything that you think should be changed you need to let us know. Then we will revise and send you the newly revised filing order for your review. This process will continue until you are satisfied, at which time the filing order will be considered final and ready for filing with the USPTO. One important thing to remember is that all information in the filing order, once filed with the USPTO, becomes publicly available searchable information. Forever. So be sure that everything in the filing order is information you are comfortable becoming public knowledge.

Armed with the final filing order, we can now proceed to electronically file the application with the USPTO. We will take the information from the filing order and use it to create the trademark application and file it online. Once filed, we will provide you with the electronic filing receipt, which the USPTO generates and sends out via email. You need to keep the USPTO email we forward to you, since this will serve as your proof of filing in the event of any questions arising later.