A trademark application is a legal document filed with the United States Patent and Trademark Office for the purpose of seeking federal registration of your trademark. The Trademark Office actually provides six different trademark application forms on its website. Two of the trademark application forms are used to apply to register a trademark on the Principal Register, one is used to seek registration of a trademark on the Supplemental Register, and the other three forms are used to register certification marks, collective membership marks, and collective trademarks. It is extremely important to correctly identify the type of mark you want to register and then choose the proper application form.
Registration of a trademark on the Principal Register is by far the most common application made with the Trademark Office. The first section of the trademark application asks for relatively straightforward information, including the name, address, telephone number and email address of the applicant (i.e. the owner of the trademark). The applicant could be an individual, corporation, limited liability company, partnership, or other legal entity. A trademark application is considered null and void if anyone other than the owner of the trademark is named as the applicant.
The second section of the trademark application requires that you enter the trademark you want to register. Traditionally, a trademark consists of words, a logo, or a combination of the two. However, you can also apply to register trade dress, sounds, colors, and other types of non-traditional trademarks. This section also gives you the opportunity to enter a variety of statements into the application form that may be relevant to your trademark. Some of these statements are legally required to be submitted before your trademark application will be approved by the Trademark Office.
Next, you must list the specific products and/or services for which you want your trademark registered and select the appropriate filing basis for the application. Depending on the particular filing basis, you may be required to provide additional information, such as the date on which the applicant started using the trademark and a specimen showing such use in commerce.
In the final section of the trademark application, you must supply the contact information of the person with whom the Trademark Office should correspond regarding the application. The applicant (or its authorized representative) must then electronically sign the application and file it along with the appropriate government fee. Once submitted, you will receive an email confirmation containing a copy of the trademark application and its assigned serial number. It will likely be approximately 3-4 months before a trademark examining attorney will review your application.
If you have any questions about the trademark application form itself, or maybe need some assistance with preparing and filing a trademark application of your own, please contact me for your free consultation. I look forward to hearing from you soon.